Terms and conditions
Below are our Terms and Conditions. Please take a look. If you have any questions, we’re always happy to help!
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TRADING TERMS AND CONDITIONS
1. APPLICATION OF TERMS Subject to law: (a) each offer or request made by the Customer to FireSense for the sale or supply of any Goods shall be deemed to be made subject to these Terms; and (b) each sale or supply of Goods by FireSense to the Customer shall be deemed to be made in accordance with these Terms, despite any contrary provision in any offer or request made by the Customer to FireSense, or otherwise.
2. DEFINITIONS AND INTERPRETATION (1) In these Terms : "Application" means Application for a Commercial Credit Account to which these Terms form part;
"Back Order" means any order placed by the Customer for a Good that FireSense does not have in stock at the time of that order; "Customer" means the person or entity identified in the Schedule; "CC Act" means Competition and Consumer Act 2010 (Cth); "CC Act Implied Term" means, in respect of any sale or supply of Goods by FireSense to the Customer, any term, condition, consumer guarantee or warranty, for the benefit of the Customer, implied by or arising under the CC Act in relation to that sale or supply of those Goods, or otherwise implied by any similar written or unwritten law of any State or Territory of Australia;
"Claims" includes actions, suits, causes of action, arbitration, debts, dues, costs, claims, demands, interest, verdicts and judgments at lawor in equity or arising under the provisions of statute;
"Due Date" means, in respect of a sale of Goods by FireSense to the Customer, the date shown for payment on any invoice to be rendered by FireSense to the Customer and if a date is not shown, the date prescribed by FireSense as the due date for payment for the Goods the subject of that invoice;
"FireSense" means FireSense Pty Limited A.C.N. 098 395 727 acting in its capacity as trustee of the FireSense Trust A.B.N. 11 720 788 915;
"Goods" means the products and services provided by FireSense, the subject of an order placed by the Customer with FireSense and accepted by FireSense and
"Good" means any one of them;
"GST" means the tax imposed or sought to be imposed by the GST Acts;
"GST Acts" means A New Tax System (Goods and Services Tax) Act 1999 and related imposition Acts of the Commonwealth;
"Guarantors" means the persons or entity identified as the Guarantor in Section 3 of the Application;
"Indirect or Consequential Loss" includes lost revenues, lost profits, lost business, lost goodwill or anticipated savings, incidental, indirect, consequential, special, economic or punitive damages whether arising from or in connection with any breach of contract, negligence or any other cause of action in connection with or relating to these Terms or any sale or supply of Goods by FireSense to the Customer;
"Interest Rate" means ten per cent (10%) per annum
"PPS Act" means Personal Properties Securities Act 2009 (Cth);
"PPS Register" means the Personal Properties Securities Register;
"Price" means, in respect of Goods agreed to be sold or supplied by FireSense to the Customer, the price payable by the Customer to FireSense for those Goods, in accordance with the Price List and these Terms;
"Price List" means the list of Goods and prices for those Goods, notified by FireSense to the Customer, as current from time to time;
"Privacy Act" means the Privacy Act 1988 (Cth);
"Promotional Material" means any material provided by FireSense to the Customer for the purpose of promoting sales of Goods;
"Software" means any computer program developed by FireSense or its suppliers in the form of machine readable instructions, including any documentation or product literature in relation to any computer program;
"Terms" means these terms and conditions. (2) Unless the context otherwise requires:
(a) references to a party to this deed includes the executors, administrators, successors and permitted assigns of that party;
(b) references to any statute, ordinance or other law includes all regulations and other instruments thereunder and all consolidations, amendments, re-enactments or replacements thereof;
(c) words importing the singular include the plural and vice versa, words importing a gender include other genders and references to a person must be construed as references to an individual, firm, body corporate, association (whether incorporated or not), government and governmental, semi-governmental and local authority or agency;
(d) where any word or phrase is given a defined meaning in this deed, any other part of speech or other grammatical form in respect of such word or phrase has a corresponding meaning;
(e) headings included in this deed are for convenience only and must be disregarded in the construction of this deed.
3. PRICES AND PAYMENT (1) With each delivery of Goods sold or supplied by FireSense to the Customer, FireSense will issue to the Customer an invoice for:
(a) the Price of the Goods delivered, calculated in accordance with the Price List for Those Goods current on the date of acceptance by FireSense of an order from the Customer in respect of those Goods; and
(b) all applicable delivery charges, freight, levies, goods and services taxes and any other taxes or charges applicable to the supply of those Goods.
(2) FireSense may replace or vary any Price List from time to time by giving the Customer prior notice.
(3) At the end of each month, FireSense will issue to the Customer a statement or statements showing all invoices issued under clause 3(1) during that month.
(4) The Customer must pay FireSense for Goods supplied within thirty (30) days after the date of the statement issued for those Goods pursuant to these Terms or such other date or on such other terms as FireSense may determine (including cash on delivery).
(5) The Customer must not deduct any amounts from any payments owing to FireSense (whether by way of set-off or otherwise) unless otherwise agreed in writing by FireSense.
(6) FireSense will issue a tax invoice for each taxable supply that FireSense makes to the Customer, without request. Without limiting any other provision of these Terms, or otherwise, the Customer must pay to FireSense, each amount referred to as GST on the tax invoice.
(7) All prices, charges, fees or other amounts payable by the Customer to FireSense in accordance with any Price List, invoice or statement shall be calculated without including an amount for GST, unless it is clearly stated in that Price List, invoice or statement that the prices, charges, fees or other amounts payable include GST.
(8) Despite anyother provision in these Terms, or otherwise, each payment to be made by the Customer to FireSense must be made together with an additional amount equal to the GST on the supply or component of the supply (made or to be made) giving rise to, or in connection with, that payment.
(9) If FireSense is required to reimburse the Customer for any expense or liability incurred, the amount of the reimbursement payment must be reduced by the amount of any input tax credit claimed in connection with that expense of liability.
(10) The Price must be paid in cleared funds, by cash, cheque or credit card by the Due Date.
(11) For the avoidance of doubt, FireSense confirms that any recommended resale or retail prices set out or referred to in any Price List is a recommended price only and there is no obligation imposed on the Customer to comply with the recommendation.
(12) Unless withdrawn, any quote submitted by FireSense to the Customer is open for acceptance by the Customer within the period stated in the quote or, if no period is stated, within seven (7) days from the date of the quote. FireSense has no obligation to sell the Goods described in the quote until a purchase order is submitted by the Customer and accepted by FireSense.
(13) Each order submitted by the Customer to FireSense will be deemed to include a representation by the Customer that the Customer is solvent and able to pay all of the debts of the Customer as and when they fall due. The Customer must inform FireSense immediately if there are any facts which might reasonably affect the decision of FireSense to accept an order or grant a credit facility to the Customer.
(14) The Customer must notify FireSense in writing of any change in control of the Customer (including any change of director, partner, trustee or management) within seven (7) days from the date of such change.
4. SUPPLY ON CREDIT (1) FireSense may from time to time, at the sole discretion of FireSense, agree to supply Goods to the Customer on credit, if the Customer provides a completed and executed Application to FireSense. FireSense reserves the right to accept or decline any Application
(2) Unless otherwise agreed by FireSense inwriting, if FireSense has agreed in writing to supply Goods to the Customer on credit, the Price must be paid by the Customer to FireSense for those Goods within thirty (30) days after the last day of the month during which those Goods were delivered or despatched to the Customer.
(3) FireSense may vary, suspend or withdraw any credit arrangements between FireSense and the Customer at any time by notice in writing at the sole discretion of FireSense without liability to the Customer or any other party. The Customer agrees to pay to FireSense immediately on demand all monies due in connection with any credit arrangements where the credit arrangements have been suspended or withdrawn.
5. INTEREST ON OUTSTANDING AMOUNTS If the Customer fails to make a payment for Goods by the Due Date, interest will accrue at the Interest Rate from the Due Date until the date on which such payment is made.
6. LIMITATION OF LIABILITY
(1) FireSense acknowledges that the CC Act and similar State and Territory legislation confer certain rights and remedies on the Customer in relation to the sale or supply by FireSense to the Customer of Goods, pursuant to these Terms, or otherwise, which cannot be excluded, restricted or modified by agreement ("Non-Excludable Rights"). FireSense does not exclude any Non-Excludable Rights but does exclude all other terms, conditions, guarantees and warranties implied by the written or unwritten law in relation to any sale or supply by FireSense to the Customer of Goods.
(2) Subject to law, FireSense makes no representation and gives no warranty in relation to any sale or supply of Goods by FireSense to the Customer.
(3) The Customer acknowledges that the Customer has not relied upon any representation or warranty made by or on behalf of FireSense in relation to any sale or supply of Goods pursuant to these Terms, and will not rely upon any representation or warranty made by or on behalf of FireSense in relation to any future sale or supply of Goods by FireSense to the Customer, which is not expressly agreed inwriting by FireSense prior to the sale or supply of those Goods, subject in all respects to the written law.
(4) The Customer warrants that the Customer relies on its own knowledge and skill in the selection of any Goods purchased by the Customer from FireSense.
(5) All specifications, drawings or other particulars submitted by the Customer to FireSense are approximate and any deviation will not be taken to affect any contract between FireSense and the Customer or form any grounds for a claim against FireSense. Where specifications, drawings or other particulars are submitted by the Customer to FireSense, the price quoted by FireSense is made on estimates of quantities required and any adjustments in quantities are adjusted on a unit rate basis according to unit prices set out in the quote. The Customer agrees no dealings between FireSense and the Customer will be or be deemed to be a sale by sample.
(6) To the extent permitted by law, in respect of each sale or supply of Goods by FireSense to the Customer:
(a) each CC Act Implied Term is expressly excluded;
(b) no other term, condition, agreement, warranty, representation or undertaking whether express or implied in any way extending to, otherwise relating to or binding on the Customer or FireSense is made or given by or on behalf of the Customer or FireSense other than by these Terms; and
(c) the liability of FireSense is limited to the lowest of the cost of replacing the Goods, supply of equivalent product, or having the Goods repaired.
(7) In no event will FireSense be liable to the Customer for any lost revenue, profit or goodwill or anticipated savings, incidental, indirect, consequential, economic or punitive damages whether arising from or in connection with breach of contract, negligence or any other cause of action in connection with or relating to these Terms or the supply of any Goods by FireSense to the Customer.
7. PROVISION OF MATERIAL BY FIRESENSE
(1) All Promotional Material shall at all times remain the property of FireSense.
(2) The Customer must return all Promotional Material to FireSense, upon demand by FireSense.
(3) The descriptions and illustrations contained in any Promotional Material do not form part of the contract for sale of Goods between FireSense and the Customer.
8. FREIGHT, INSURANCE AND DELIVERY
(1) FireSense will, if requested by the Customer, at the cost and risk of the Customer, arrange for the delivery of Goods to the Customer at an address nominated by the Customer. In those circumstances, delivery is deemed to take place when the Goods are unloaded at the address nominated by the Customer.
(2) FireSense has no obligation to arrange for insurance of Goods against the risk of carriage. If FireSense agrees to arrange freight and insurance, in respect of any Goods sold or supplied by FireSense to the Customer, the Customer must pay and reimburse FireSense for all such costs including costs incurred due to any specific packing or packaging materials being required
(3) FireSense shall not be liable for any loss or damage due to any delay in delivering any Goods or failure by FireSense to deliver any Goods promptly, or at all.
(4) Delivery dates or times indicated by FireSense to the Customer are approximate only and do not constitute a guarantee of delivery or delivery by such date or time. No time of the essence transaction will be considered by FireSense unless agreed inwriting by FireSense.
(5) Subject to these Terms, no Goods shall be placed on Back Order.
(6) Goods may be placed on Back Order if agreed in writing by FireSense. Those Goods shall be supplied by FireSense as soon as reasonably practicable upon FireSense receiving those Goods.
(7) FireSense may, at the sole discretion of FireSense, delay delivery of any Goods until FireSense has received payment from the Customer of all money due by the Customer to FireSense in respect of those Goods and any other Goods previously sold by FireSense to the Customer.
(8) Charges will apply for frustrated delivery or installation and any handling and/or storage costs where Goods are ready to deliver but are unable to be delivered due to the fault of the Customer.
(9) The Customer must ensure the safe custody of the Goods and the equipment of FireSense while on site during any installation by providing covered, secure and waterproof storage facilities.
(10) The Customer waives any claim for shortage of any Goods delivered if a claim in writing in respect of that shortage has not been lodged with FireSense within seven (7) days from the date of delivery of the Goods.
(11) The Customer acknowledges and agrees that FireSense will not be liable for any delay or failure to perform an obligation of FireSense under these Terms caused by a force majeure event. Force Majeure will include any cause beyond the reasonable control of FireSense including strikes and lockouts.
9. CLAIMS, RETURNS OR CANCELLATION OF ORDERS
(1) The Customer has no right to cancel, or vary, any order for Goods after FireSense has accepted that order.
(2) If for any reason FireSense permits the Customer to cancel an order for Goods, the Customer must pay to FireSense a fee equivalent to twenty percent (20%) of the price for those Goods that would, apart from cancellation of the order, be payable by the Customer to FireSense.
(3) If FireSense accepts a return of Goods from the Customer, any amount payable by FireSense to the Customer as a result of that return of Goods is not payable in cash by the Customer to FireSense, but may only be applied in reduction of the price payable by the Customer to FireSense for future Goods sold by FireSense to the Customer.
10. RISK Risk in all Goods sold or supplied by FireSense to the Customer passes to the Customer upon the first to occur of:
(a) delivery of those Goods by FireSense to the Customer; or
(b) despatch by FireSense of those Goods from the warehouse of FireSense to the Customer.
11. PERSONAL PROPERTIES SECURITIES ACT 2009 (CTH)
(1) Not withstanding any other term, the Goods and any other products delivered by FireSense to the Customer shall remain the sole and absolute property of FireSense as legal and equitable owner, until the date the first of the following occurs:
(a) there are no longer any amounts owing to FireSense for those Goods;
(b) FireSense registers a Financing Statement in respect of those Goods; and
(c) the Customer sells or transforms those Goods in accordance with clause 11(3).
(2) Until and unless the Customer has paid FireSense in full for theGoods, the Customer must: (a) store those Goods on its premises separately from any other goods that may be in the possession of the Customer and in a manner which makes them readily identifiable as FireSense's Goods;
(b) hold those Goods as the Seller's bailee;
(c) return those Goods to FireSense on demand; and
(d) immediately pay to FireSense the proceeds of any sale of those Goods or hold any proceeds of the sale of those Goods on trust for FireSense in a separate account.
(3) The Customer agrees that the Customer shall only sell Goods in respect of which the Customer has not made full payment to FireSense on the conditions that any such sale is conducted at arm's length and is for the full market value of those Goods and FireSense has not demanded the return of those Goods.
(4) The Customer grants to FireSense a Purchase Money Security Interest (as that term is defined in the PPS Act), in all Goods as security for all amounts owing and unpaid by the Customer to FireSense in respect of those Goods.
(5) The Customer must not grant any Security Interest (as that term is defined in the PPS Act) or any further Purchase Money Security Interest (as that term is defined in the PPS Act) in the Goods other than the Purchase Money Security Interest referred to in clause 11(4) of these Terms without:
(a) providing fourteen (14) days prior notice in writing to FireSense; and
(b) obtaining the prior written consent of FireSense. Failure to comply with this Term will constitute a breach entitling FireSense to terminate the obligations of FireSense under these Terms pursuant to Term 18(2).
(6) FireSense may apply to register a Financing Statement, or a Financing Change Statement (as those terms are defined in the PPSAct), from time to time, in relation to a Purchase Money Security Interest, without notice to the Customer. The Customer must promptly sign any further documents and/or provide any further information requested by FireSense to complete and register a Financing Statement or a Financing Change Statement. The Customer agrees to indemnify and, upon demand, reimburse FireSense for all costs incurred in searching, registering and/or discharging a financing statement or other document with the PPS Register and any reasonable fees incurred by FireSense in enforcing the Purchase Money Security Interest referred to in clause 11(4) of these Terms.
(7) Until all amounts owing to FireSense for Goods have been received from the Customer by FireSense, the Customer grants an exclusive, irrevocable licence to FireSense to enter any premises where Goods for which payment in full has not been received by FireSense are kept to take possession of those Goods and to use all reasonable force in doing so without any liability for any resulting damage.
(8) The Customer acknowledges and agrees that FireSense may exercise any and all remedies afforded to a Secured Party (as that term is defined in the PPS Act) under the PPS Act including, but not limited to, entry into any building or premises owned, occupied, or used by the Customer, to search for and seize, dispose of or retain those Goods in respect of which the Customer has granted to FireSense a Purchase Money Security Interest.
(9) The Customer and FireSense agree, pursuant to Section 115 of the PPS Act, to contract out of the following provisions of the PPS Act in respect of all Goods:
(a) sections 95, 121(4), 123(2), 130 and 135 of the PPS Act (to the extent that FireSense is required to give notice to the Customer); and
(b) sections 96, 125, 129(2), 132(3)(d), 132(4), 142 and 143 of the PPS Act.
(10) To the extent permitted under the PPS Act, the Customer expressly waives its right to receive from FireSense a copy of any Financing Statement, Financing Change Statement or Verification Statement (as that term is defined in the PPS Act) that is registered, issued or received at any time in relation to any Goods.
(11) TheCustomer warrants that it is not at the time of entering into this deed insolvent and knows of no circumstances which would entitle any creditor to appoint a receiver or to petition for winding up or to exercise any other rights over or against its assets.
(12) These provisions relating to title shall apply notwithstanding any agreement or arrangement, whether part of these Terms or otherwise, pursuant to which FireSense may give credit to the Customer.
12. PRIVACY ACT 1988 (CTH)
(1) FireSense will observe the provisions of the Privacy Act and not collect, use or disclose Personal Information (as that term is defined in the Privacy Act) other than in accordance with the National Privacy Principles set out in the Privacy Act. Without limitation, FireSense will:
(a) only collect Personal Information for the sole purpose of performing its obligations;
(b) will, on request, make available its privacy policy and information with respect to Personal Information it holds, the purpose it holds such information and how it collects, holds, uses and discloses such;
(c) take reasonable measures to ensure the Personal Information it collects, uses or discloses is accurate, complete and current and to protect Personal Information it holds from misuse, loss or unauthorised access, modification or disclosure; and
(d) take all reasonable measures to destroy any Personal Information if it is no longer required.
(2) The Customer acknowledges and agrees that FireSense may obtain a credit report from a credit reporting agency containing personal credit information about the Customer in relation to credit provided by FireSense.
(3) The Customer consents to FireSense being given a consumer credit report to collect overdue payment on commercial credit.
(4) The Customer acknowledges and agrees that FireSense may give information about the Customer to a credit reporting agency in order to obtain a consumer credit report about the Customer, or to allow a credit reporting agency to create or maintain a credit information file containing information about the Customer, or both.
13. ADDITIONAL SECURITY
(1) The Customer grants to FireSense as security for the payment of all monies payable by the Customer to FireSense and the performance of all obligations, covenants, warranties, terms, provisions, stipulations and work to be observed, performed or fulfilled by the Customer pursuant to these Terms:
(a) a security interest (as that term is defined in the PPS Act) in all of the present and after-acquired property (as that term is defined in the PPS Act) of the Customer; and (b) a fixed charge over all present and after-acquired property of the Customer that is not personal property (as that term is defined in the PPS Act) including for the avoidance of doubt, real property being any freehold and leasehold land, all estates and interests in any land and all buildings, structures and fixtures (including trade fixtures) for the time being on that land.
(2) The Customer and FireSense acknowledge and agree that the Purchase Money Security Interest granted pursuant to Term11(4) of these Terms has priority in respect of the Goods over the security interest and charge granted pursuant to Term 13(1) of these Terms.
14. INVALIDITY If the whole or any part of a provision of these Terms is void, unenforceable or illegal in a jurisdiction, it is severed for that jurisdiction. The remainder of these Terms have full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected.
15. VARIATION These Terms contain the whole contract between FireSense and the Customer and no variation of these Terms is binding on FireSense unless the variation is in writing and signed by FireSense.
16. INCONSISTENCY Notwithstanding any other provision, if there is any inconsistency or conflict between an order for the supply of Goods by FireSense to the Customer or any other document between FireSense and the Customer and these Terms then these Terms will prevail.
17. DISPUTE RESOLUTION
(1) If a party claims a dispute has arisen that party must promptly give the other party notice in writing of the dispute. Representatives from each party must meet immediately with a view to resolving the dispute amicably and without delay.
(2) If after thirty (30) days the dispute remains unresolved the parties will confer with a mutually agreed third party to assist to resolve the dispute by mediation.
(3) The Customer agrees, upon request in writing by FireSense, to pay into FireSense's solicitor's trust account in the joint names of the parties any amount claimed by FireSense as a condition precedent to any dispute by the Customer of any such claim. Upon resolution of the dispute the amount and any accrued interest will be dispersed in accordance with the resolution.
18. TERMINATION
(1) FireSense may terminate these Terms and the arrangements between the Customer and FireSense at any time by providing four (4) weeks written notice to the Customer.
(2) Without prejudice to any other rights Fire Sense may have under these Terms or at law, FireSense may terminate the obligations of FireSense under these Terms immediately by notice in writing to the Customer if:
(a) the Customer is in breach of any obligation on the part of the Customer under these Terms and such breach is not remedied by the Customer within five (5) business days after service by FireSense upon the Customer of a written notice requiring the Customer to rectify the breach;
(b) the Customer is in breach of the obligation on the part of the Customer under Term 11(5) of these Terms;
(c) the Customer becomes insolvent; or
(d) an administrator, receiver or receiver and manager is appointed in respect of the Customer or all or any of the assets of the Customer.
(3) For the avoidance of doubt, to the extent permitted by law, upon termination of these Terms: (a) all amounts owing by the Customer to FireSense under these Terms are immediately payable by the Customer to FireSense.
(b) FireSense may retain all monies paid by the Customer to FireSense.
(c) FireSense may cease further deliveries of any Goods to the Customer;
(d) FireSense may, at the sole discretion of FireSense, enter any premises where Goods for which payment in full has not been received by the Supplier are kept to take possession of those Goods in accordance with clause 11(7) of these Terms without prejudice to any other rights of FireSense and without being liable in any way to the Customer or any other party.
(4) Any obligation or payment under these Terms is independent and survives termination of these Terms.
19. CONFIDENTIALITY The Customer must not disclose any information concerning the existence or contents of these Terms without the prior written consent of FireSense unless:
(1) the disclosure is required by law; or
(2) the disclosure is to a professional advisor of the Customer, upon the basis that the advisor must not further disclose that information without the prior written consent of FireSense.
20. SOFTWARE LICENCE Firesense agrees to grant to the Customer a non-exclusive license to use Software, subject to the Customer entering into a Software licence agreement as required by Firesense prior to delivery or installation of any Software.
21. ENTIRE AGREEMENT These Terms comprise the entire agreement between the Customer and FireSense and no earlier agreement, understanding or representation, whether oral or in writing, in relation to any matter dealt with in these Terms will have any effect from the date of these Terms.
22. ASSIGNMENT (1) The Customer must not assign any of the rights of the Customer pursuant to these Terms or this deed, without the prior written consent of FireSense, which may be refused in the absolute discretion of FireSense. Any consent by FireSense will not release the Customer from any obligation of the Customer pursuant to these Terms or this deed.
(2) FireSense may assign all or any of the rights of FireSense pursuant to this deed.
23. NO AGENCY The Customer will not by virtue of these Terms be, or for any purpose be deemed to be, an agent of FireSense.
24. INDEMNITY (1) The Customer must indemnify and keep indemnified FireSense and the servants and agents of FireSense against all Claims made upon or against FireSense arising out of or in any way connected with any breach of these Terms by the Customer or any person claiming through or under the Customer.
(2) Subject to law, FireSense has no liability to the Customer, or any person claiming through or under the Customer for Indirect or Consequential Loss.
25. CUSTOMER AS TRUSTEE If the Customer is entering into the Application in its capacity as trustee of a trust, the Customer acknowledges and agrees that these Terms are binding on the Customer personally and in its capacity as trustee of the trust. The Customer warrants that:
(1) the Customer has power and authority under the trust to enter into these Terms; and
(2) the Customer has the right to be indemnified out of the trust property before the beneficiaries of the trust for all liabilities incurred by the Customer pursuant to these Terms.
26. WAIVER Failure by a party to exercise or delay in exercising a right, power or remedy does not prevent its exercise. 27. AUTHORITY If the Application or other document is executed by a person on behalf of the Customer, that Person warrants they have authority to execute the Application or other document on behalf of the Customer.
28. NOTICES Any written notice required to be given under these Terms may be served by giving the notice to the party personally or leaving it at or sending it by prepaid mail to: (1) the registered office address of the party set out in the Application; or (2) where a new address has been duly notified in writing to the other party, that new address. 29. RECOVERY COSTS The Customer will pay any costs reasonably incurred by FireSense or agents of FireSense in respect of the Customer on an indemnity basis including but not limited to legal costs, monies due and repossession of Goods 30. FURTHER ASSURANCE Each party must, at its own expense, do, sign, execute and deliver all deeds, documents, instruments and acts reasonably required of it by notice from another party to carry out and give full effect to these Terms, any transactions contemplated by them and the rights and obligations of the parties under them. 31. GOVERNING LAW These Terms shall be governed by and construed in accordance with the laws for the time being in force in the State of New South Wales and the Customer and FireSense agree to submit to the non-exclusive jurisdiction of the courts and tribunals of that State.