Terms - EcuWire

TERMS & CONDITIONS

EcuWire - Terms of Trade

1. Acceptance of terms

(a) These Terms, as amended or replaced from time to time, apply to any Goods and/or Services supplied or to be supplied by EcuWire to the Customer, or any third person on the Customer’s behalf.

(b) The Customer is deemed to have read, understood and accepted these Terms if at any time they place an Order for Goods through the Website, request a Quote for Goods or Services, or pay any deposit or any other monies in relation to a Order.

(c) EcuWire reserves the right to amend these Terms at any time at its sole discretion. Any subsequent Order by a Customer constitutes acceptance of the changes.

2. Orders

2.1 Quotes

(a) EcuWire may, at is sole discretion, issue a Quote to the Customer following a request by the Customer for Goods or Services.

(b) A Quote is valid for the period stated in the Quote, or if no such period is specified, then 30 days from the date of issue.

(d) To the extent permitted by law, EcuWire shall not be liable for any errors or omissions in a Quote.

(e) Quotes may only be accepted by a Customer in their entirety

2.2 Orders

(a) By placing an order for Goods through the Website, the Customer makes an offer to purchase the Goods for the price specified at the time the Customer places the Order. EcuWire may in its sole and complete discretion, accept or reject any offer made by the Customer for any reason.

(b) A Quote, price on the Website, or any other indication of a price issued by EcuWire is an invitation to treat, not a contractual offer.

(d) Each Order incorporates the accepted Quote (if any), these Terms, and the Policies.

(e) Any additional terms contained in any document (including hand amendments) provided by the Customer will not form part of the Order unless agreed by EcuWire in writing.

(f) All drawings, descriptive matter and/or specification issued by EcuWire and any descriptions or instructions contained on the Website, in catalogues or brochures, or any other media are issued or published for the sole purpose of giving an approximate idea of the Goods described in them. Unless expressly included in a Quote or otherwise agreed in writing by EcuWire , they will not form part of the Order.

2.3 Colour Coding

(a) Due to variations in OEM paint, vehicle age, and materials, we are unable to guarantee a 100% match on any colour-coded part.

(b) Any custom-made part, or colour-coded part, must be paid upfront, and refunds are not available on those parts if the order is cancelled

3. Supply of Goods

3.1 Goods

EcuWire will supply the Goods to the Customer subject to these Terms.

3.2 Suitability

EcuWire makes no representation or warranty as to the suitability of the Goods for the Customer’s purposes. It is the Customer’s responsibility to satisfy itself as to such suitability.

3.3 Cancellation of Orders

(a) An Order may only be cancelled in accordance with these Terms.

(b) If an Order for Goods is cancelled before the Goods are dispatched, EcuWire reserves the right, at its absolute discretion, to invoice the Customer for any expenses incurred by EcuWire up to the time of cancellation and up to 72-hours afterwards, including (but not limited to) materials, wages, equipment hire, and licences.

4. Services

4.1 Services at EcuWire Premises

(a) Where EcuWire is required to perform Services with respect to a Customer’s Vehicle at EcuWire Premises:

(i) unless otherwise agreed, the Customer is responsible for delivering and collecting the Customer’s Vehicle from EcuWire Premises at its own cost;

(ii) to the extent permitted by law, EcuWire shall not be liable to the Customer for any Claim arising due to damage or loss of the Customer’s Vehicle while it is on EcuWire Premises;

(iii) the Customer’s Vehicle shall be deemed to be bailed to EcuWire ; and

(iv) EcuWire may exercise a possessory lien over the Customer’s Vehicle until any amounts outstanding from the Customer are paid to EcuWire in full.

(b) if the Customer fails to collect the Customer’s Vehicle:

(i) EcuWire may store the Customer’s Vehicle until it is collected, and the Customer will be liable on demand for any Claim related to EcuWire storage of the Customer’s Vehicle, including but not limited to any storage fees incurred and insurance; and

(ii) upon giving at least one month’s written notice to the Customer, EcuWire may sell or otherwise dispose of the Customer’s Vehicle.

4.2 Original Parts Removed from Service

(a) In some circumstances, it may be necessary for EcuWire to remove parts from the Customer’s Vehicle (Removed Parts) in order to carry out the fitment of replacement parts and accessories.

(b) The Customer acknowledges and agrees that the Removed Parts are in most situations unavoidably destroyed and unsuitable for re-use. EcuWire will dispose of the Removed Parts unless the Customer advises otherwise.

(c) If the Customer wishes to retain the Removed Parts, they must inform EcuWire before the commencement of the Services. If so, the Customer must collect the Removed Parts on the day that the Customer’s Vehicle is collected. The Customer is solely responsible for loading and transport, and acknowledges that due to their condition, the Removed Parts may not be able to be moved inside the Customer’s Vehicle.

5. Payment

5.1 Invoices and Time for Payment

(a) EcuWire will invoice the Customer and the Customer must pay the amount due on the invoice in accordance with the Payment Terms as set out in an Order.

(b) Without limitation, the Payment Terms may require the Customer to pay for Goods or Services:

(i) in full before delivery;

(ii) in instalments; or

(iii) with an initial deposit and the remainder within a specified time after delivery.

(c) If the Customer is required to make payment in instalments, and such instalments are not received by EcuWire by their due date, EcuWire reserves the right to:

(i) halt any further delivery of Goods or Services until such time as the outstanding payment is made; and

(ii) claim reimbursement from the Customer for its reasonable costs incurred as a result of the delay.

(d) If the Customer is required to make payment in full or to pay a deposit, EcuWire is under no obligation to supply any Goods or Services until the relevant amount is paid to EcuWire .

5.2 Payment Options

Payment options may be found at https://www.ecuwire.com/

5.3 Usual Payment Terms

For all standard Orders and unless otherwise stipulated in writing, EcuWire shall require payment in full before delivery.

5.4 Failure to Pay

If the Customer fails to pay EcuWire any amount under these Terms by the due date for payment, EcuWire may (without limiting its other rights) immediately do any or all of the following, without any liability, until all overdue fees are paid:

(a) charge the Customer interest on the overdue amount at a rate of interest per annum equal to the standard contract default rate published by the Queensland Law Society from time to time;

(b) withhold further performance of any obligations under any Order or other agreement between the parties until the overdue amount and interest has been paid in full;

(c) terminate these Terms without any obligation to refund the Customer any money in respect of the cancellation, even if the contractual term of these Terms has not expired;

(d) initiate proceedings against the Customer to recover the overdue amount (despite any dispute resolution clause in these Terms); and

(e) recover all costs to recover overdue amounts, including but not limited to legal costs and outlays on a full indemnity basis.

5.5 GST

(a) In this clause 6.5, adjustment note, GST, tax invoice and taxable supply have the meaning given to them in the GST Law.

(b) For each taxable supply under or in connection with any Order:

(i) EcuWire will be entitled to charge the Customer for any GST payable by EcuWire in respect of the taxable supply;

(ii) the Customer must pay EcuWire the amount of the GST at the same time as the relevant charge applicable to the supply becomes payable under the Order; and

(iii) EcuWire must provide a valid tax invoice or adjustment note to the Customer in respect of the taxable supply.

5.6 Duties & Taxes

The Customer is responsible for paying all government charges, taxes, or duties of any kind incurred in or in connection with EcuWire supply of Goods or Services or provision of credit. Such charges include without limitation all stamp duties, financial institution duties, and any other charges or duties of a like kind.

6. Retention of Title

6.1 Retention

(a) This clause 7 applies where the Customer acquires Goods from EcuWire or there is otherwise Goods at a Location, and the Customer has not paid in full for the Goods.

(b) All Goods sold or supplied by EcuWire to the Customer shall remain EcuWire sole and absolute property as legal and beneficial owner until such time as the Customer has paid EcuWire :

(i) the agreed price for such Goods; and

(i) all other sums due from the Customer to EcuWire whether arising under any agreement between the parties or otherwise.

6.2 Customer’s Obligations

Until such time as title in the Goods passes to the Customer in accordance with clause 7.1(b) above:

(a) the Customer must hold the Goods on a fiduciary basis as bailee for EcuWire ;

(b) the Customer must not, without EcuWire prior written consent:

(i) assign, sub-let, charge, mortgage, pledge or create any form of Security Interest over, or otherwise deal with the Goods in any way;

(ii) alter, modify, tamper with, damage or repair the Goods; or

(iii) deface, remove, vary or erase any identifying marks, plate, number, notices or safety information, on the Goods;

(c) the Customer must keep the Goods in their own exclusive possession, in a safe and secure location, separately from the property of any other person and in a manner which leaves them readily identifiable as EcuWire Goods;

(d) the Customer shall be fully responsible for any loss or damage to the Goods caused following delivery of the Goods to the Customer, and the Customer must at their own expense insure and keep insured such Goods against all risks to a value equal to the full price payable by the Customer to EcuWire for the Goods to EcuWire satisfaction. Whenever requested by EcuWire , the Customer must provide a copy of the policy of insurance for EcuWire inspection; and

(e) if the Customer sells the Goods or uses them to create a product which prevents the Goods being identifiable to EcuWire , the Customer is taken to hold the proceeds of sale of the Goods or any product containing them on trust for EcuWire and account to EcuWire for those proceeds.

7. Security Interest

7.1 Definitions

In this clause 8, the following words and phrases have the meaning given to them in the PPS Act: Collateral, Purchase Money Security Interest, Security Agreement, Security Interest.

7.2 Security Interest

In order to secure the Customer’s obligations under these Terms, including any obligation to pay any amount to EcuWire , the Customer:

(a) acknowledges that each Order constitutes a Security Agreement for the purposes of the PPS Act;

(b) grants to EcuWire a Security Interest in respect of all Goods sold, supplied, leased, bailed or otherwise provided or made available to the Customer by EcuWire and any proceeds thereof;

(c) consents to EcuWire perfecting such Security Interest by registration on the PPSR, including as a Purchase Money Security Interest; and

(d) undertakes to EcuWire to do all things reasonably necessary or required by EcuWire to assist EcuWire in perfecting the registration of the Security Interest on the PPSR; and

(e) waives, to the extent permitted by the PPS Act, its right to receive any notice of a verification statement or any other notice EcuWire would otherwise be required to give under the PPS Act.

7.3 Dealings with Security Collateral

In relation to any Collateral for which EcuWire has a Security Interest under these Terms, the Customer agrees and warrants that the Customer that it:

(a) has full right and title in any Collateral;

(b) will disclose any and all encumbrances over Collateral as soon as possible;

(d) will not sell, dispose of, grant a license or lease, give control to another, part with possession, allow the value to be reduced, commingle, or deal with the Collateral in any way which could be harmful to EcuWire interests in the Collateral without EcuWire express written permission.

7.4 Enforcement

If Chapter 4 of the PPS Act would otherwise apply to the enforcement of these Terms, the Customer agrees that the following provisions of the PPS Act will not apply to the enforcement of these Terms:

(a) section 95 (notice of removal of accession), to the extent that it requires EcuWire to give a notice to the Customer;

(b) subsection 121(4) (enforcement of liquid assets — notice to grantor);

(d) paragraph 132(3)(d) (contents of statement of account after disposal);

(e) subsection 132(4) (statement of account if no disposal);

(f) section 135 (notice of retention);

(g) section 142 (redemption of collateral); and

(h) section 143 (reinstatement of security agreement).

8. Default & Termination

8.1 When Customer is in Default

The Customer will be in default if they:

(a) fail to pay any amount to EcuWire by its due date;

(b) provide EcuWire information which they know or have reasonable grounds to suspect is false, incomplete or misleading;

(d) breach any provision of these Terms and fail to remedy that breach within 10 Business Days.

8.2 Rights of EcuWire if Customer is in Default

If the Customer is in default, then subject to any law (including requirements as to notice), EcuWire may, without limiting its other rights:

(a) demand immediate payment of all moneys owed by the Customer to EcuWire whether due for payment or not;

(b) recover from the Customer all Goods it has supplied to the Customer whether paid for or not. The Customer grants EcuWire and its Representatives a perpetual, irrevocable licence to enter into any property owned or occupied by the Customer (including any Location) for the purpose of recovering such Goods, and the Customer shall indemnify EcuWire against any Claim arising from such entry;

(c) re-sell or otherwise dispose of the Goods recovered without reference to the Customer and apply the net proceeds to the Customer’s debt to EcuWire ;

(d) withhold further performance of any obligations under any Order or other agreement between the parties;

(e) immediately cancel any Order in effect with the Customer without any obligation to refund the Customer any money in respect of the cancellation; and

(f) enforce any Security Interests against the Customer.

8.3 Termination

EcuWire may terminate these Terms or any Order immediately by written notice to the Customer if the Customer:

(a) is in material breach of these Terms; or

(b) is in default for more than 10 Business Days.

8.4 Termination does not affect obligation to pay

Termination of these Terms or any Order shall not affect the Customer’s obligation to pay any outstanding amounts or other amounts in relation to Goods.

9. EcuWire set-off rights

(a) EcuWire , after having demanded payment of any amount overdue in accordance with clause 6.4, may apply any payment paid by the Customer against:

(i) EcuWire costs and disbursements in recovering the amount due;

(ii) any interest accrued; or

(iii) the amount overdue.

(b) EcuWire may at any time set off any amount the Customer owes to EcuWire against any amount EcuWire may then owe to the Customer.

10. Warranties & Liability

(a) EcuWire Warranty Policy shall apply to all Goods. This policy is available at https://www.superiorengineering.com.au/warranty.

(b) If the Customer is a consumer within the meaning of the Consumer Law, there are certain rights (such as the consumer guarantees implied by the Consumer Law), which cannot by law be excluded (Non-Excludable Condition). These Terms are subject to those Non-Excludable Conditions.

(i) excludes from these Terms all guarantees, conditions and warranties that might but for this clause be implied into these Terms;

(ii) excludes all liability to the Customer for any Claim suffered or incurred directly or indirectly by the Customer in connection with these Terms and any Order, whether that liability arises under common law, equity or under statute; and

(iii) will not, under any circumstances, be liable to the Customer for any Consequential Loss.

(d) If EcuWire liability under these Terms cannot be lawfully excluded, to the maximum extent permitted by law, EcuWire liability for breach of any Non-Excludable Condition is limited to (at EcuWire option) the replacement of the Goods or the supply of equivalent goods, the repair of the Goods, the payment of the cost of replacing the Goods or of acquiring equivalent Goods, or the payment of the cost of having the Goods repaired.

11. Indemnity

To the extent permitted by law, the Customer releases and indemnifies EcuWire and its Representatives against all liability arising from Claims for:

(a) any harm to, claim or action by a third party arising directly or indirectly from the Customer’s use of the Goods or Services;

(b) any personal injury or death arising directly or indirectly out of the Customer’s conduct;

(d) any negligent or unlawful act or omission by the Customer or its Representatives in connection with the Goods or Services;

(e) any breach of these Terms by the Customer or its Representatives;

(f) EcuWire , the Manufacturer’s, or a third party’s reliance on an incorrect, incomplete or misleading representation made by the Customer or its Representatives;

(g) any agreement in force between the Customer and a third party connected with the Goods;

(h) libel, slander, defamation, disparagement or false, misleading or deceptive conduct by the Customer or its Representatives; or

(i) EcuWire being required under Privacy Law to correct any data, respond to any complaint, or address any other matter raised by a person.

11.2 Conditions of indemnity

(a) Superior may make a claim under indemnities in these Terms in relation to a cost before having incurred the cost, or before making a payment in relation to the cost.

(b) The indemnities in these Terms shall be in addition to any damages for breach of contract to which EcuWire may be entitled. Nothing in the indemnities in these Terms will be construed so as to prevent EcuWire from claiming damages in relation to the Customer’s breach of any term of these Terms.

(c) Each indemnity in these Terms is a continuing obligation, separate and independent from the other obligations of the parties and survives termination of these Terms for whatever reason

12. Intellectual Property

12.1 Ownership of Intellectual Property

(a) Unless otherwise agreed, each party retains ownership of all Intellectual Property rights in material owned or created by that party independently of these Terms. None of that Intellectual Property is assigned or transferred by way of these Terms.

(b) The parties agree that all Intellectual Property rights in the Goods, any Quote, and any other material, designs, methods or content developed by EcuWire under these Terms, including modifications, improvements and enhancements (Work IP), will vest in and are owned by EcuWire upon creation, even if based on the Customer’s request or feedback.

12.2 Use of Intellectual Property

The Customer must not, without EcuWire written consent:

(a) sell, sublicense, rent, lease, lend, modify, alter, translate, reproduce, transmit, distribute, publicly display, publicly perform, publish, adapt, or edit any part of the Work IP;

(b) combine or incorporate the Work IP in any aspect of the Customer’s business without EcuWire consent in writing;

(c) copy the Work IP, in whole or in part, except to incorporate the Work IP into hard or soft copy documents for training or internal communication purposes;

(d) use the Work IP in any way which is not in accordance with the specifications and these Terms;

(e) use the Work IP for any unlawful purpose; or

(f) authorise any other party to do any of the acts listed above.

12.3 Marketing & Media

(a) EcuWire may take photographs or record video of the Customer’s Vehicle before, during and after providing Services, or obtain such media through social media, Website or email (Media).

(b) EcuWire may use the Media to promote its Goods and Services through social media, press releases, competitions and other forms of self-promotion. When engaging in such promotional activities, the Customer acknowledges and agrees that EcuWire may disclose the relationship between the parties and the nature of the Goods and/or Services provided, and use and publish any part of the Media as it sees fit.

13. Force Majeure

EcuWire shall have no liability to the Customer in relation to any Claim relating to a delay in delivery of any Goods, or failure to comply with its any of its other obligations under any Order, as a result of a Force Majeure Event.

14. Sub-contractors

EcuWire may use subcontractors to deliver the Goods or Services. To the extent permitted by law, the Customer agrees to continually indemnify and hold harmless EcuWire and its Representatives from any loss suffered or incurred caused by any subcontractor.

15. Confidentiality

(a) A party must not, unless otherwise authorised by these Terms or the prior written approval of the other party, disclose the other party's Confidential Information.

(b) A party will not be in breach of this confidentiality clause in circumstances where it is legally compelled to disclose the other party's Confidential Information.

(c) Each party will take all reasonable steps to ensure that they and their Representatives do not make public or disclose the other party's Confidential Information.

(d) Notwithstanding any other provision of this clause, a party may disclose Confidential Information to their solicitors, auditors, insurers and accountants.

16. Privacy

(a) The Customer hereby authorises EcuWire to collect, retain, record, use and disclose commercial and consumer information about the Customer, in accordance with Privacy Law, to persons and/or legal entities, including a solicitor or any other professional consultant engaged by EcuWire , a debt collector, credit reporting agency and/or any other individual or organisation which maintains credit references and/or default listings.

(b) EcuWire may give information about the Customer to a credit reporting agency for the purposes of obtaining consumer and commercial credit reports and/or lodging consumer and commercial defaults on the Customer’s credit file. This information may be given before, during or after the provision of credit to the Customer and will be in accordance with Privacy Law.

17. General

17.1 Communications

(a) Communications must be in writing, and may be sent by mail, hand delivery or by email.

(b) Notices must be sent to the addresses of the parties specified in the Quote, or as otherwise notified to the other party in writing.

(c) A communication by email will be taken to have been received by the addressee at the earlier of the time stated in a read receipt sent by the recipient’s computer or when the message has been delivered to the email address of the addressee.

(d) A communication that is received after 5pm on a Business Day, or on a non-Business Day, shall be deemed to be received at 9am on the next Business Day.

(e) For the purposes of the Electronic Transactions Act 1999 (Cth) and the Electronic Transactions (Queensland) Act 2001 (Qld), the parties agree to send, receive and execute notices and documents electronically, and agree that any document signed electronically will be binding with the same effect as a physical signature.

17.2 Inconsistency with other documents

If these Terms are inconsistent with any other document between the parties, these Terms prevail to the extent of the inconsistency.

17.3 Counterparts

Orders may be executed in any number of counterparts including where they are exchanged by facsimile or by email containing these Terms as an unalterable attachment. All counterparts together will be taken to constitute one instrument.

17.4 Reliance

Neither party has entered into any agreement in reliance on or as a result of any representation, promise, statement, conduct or inducement by the other otherwise than as set out in these Terms.

17.5 Relationship of parties

The relationship of the parties does not form a joint venture, partnership or agency, or create any form of employment relationship.

17.6 Severability

Any clause of these Terms, which is invalid or unenforceable, is ineffective to the extent of the invalidity or unenforceability without affecting the remaining clauses of these Terms.

17.7 No waiver except in writing

No part of these Terms will be deemed waived and no breach excused unless such waiver or consent is provided expressly and in writing.

17.8 Governing law

The laws of the State of Queensland, Australia govern these Terms. Each of the parties hereby submits to the non-exclusive jurisdiction of courts with jurisdiction in Queensland.

17.9 Amendment

These Terms may only be amended in writing by EcuWire .

17.10 Assignment

(a) The Customer cannot assign, novate or otherwise transfer any of its rights or obligations under these Terms or any Order without the prior written consent of EcuWire .

(b) EcuWire may assign, novate or otherwise transfer any of its rights or obligations under any contract arising from these Terms or any Order to a third party without notice to, or the prior consent of the Customer, but if EcuWire requires, the Customer will sign any documents to give effect to an assignment, novation or transfer by EcuWire under this clause 18.10.

18. Definitions & Interpretation

18.1 Definitions

The following definitions apply in these Terms and the Policies:

Business Day means a day that is not a Saturday, Sunday or public holiday in Newman in the State of Western Australia, Australia.

Claim means a claim, demand, remedy, injury, damage, loss, cost, liability, action, right of action, claim for compensation or reimbursement or liability incurred by or to be made or recovered by or against a person, however arising and whether ascertained or unascertained immediate, future or contingent, or subject of a dispute, litigation or analogous proceeding.

Confidential Information means information that is by its nature confidential, including information related to a party’s internal business operations, customers or Intellectual Property Rights. It does not include information already rightfully known to the receiving party at the time of disclosure by the other party, or in the public domain other than as a result of disclosure by a party in breach of its obligations of confidentiality under these Terms.

Consequential Loss means loss of revenue, loss of profits, loss of anticipated savings or business, pure economic loss, loss of data, loss of value of Goods, loss of opportunity or expectation loss, and any other form of consequential, special, indirect, punitive or exemplary loss or damages.

Consumer Law means the Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth).

Corporations Act means the Corporations Act 2001 (Cth).

Customer means the person or entity who purchases the Goods pursuant to an Order.

Customer’s Vehicle means any vehicles, machinery or other equipment owned or in the possession of the Customer for which EcuWire is requested to provide Services.

Force Majeure Event means pandemic or epidemic, fire, flood, tempest, earthquake, act of God, riot, civil disturbance, terrorism, theft, crime, strike, lockout, breakdown, war, government restriction, the inability of a Manufacturer or any other supplier of EcuWire to supply necessary products or materials, or any other matter beyond EcuWire control.

Goods mean any goods supplied to the Customer by EcuWire pursuant to an Order.

GST Law means the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

Insolvency Event means an event that occurs when a party:

(a) is insolvent under the definition in the Corporations Act, or is in liquidation or provisional liquidation, under administration or external control, or becomes bankrupt or is affected by any analogous event;

(b) fails to comply with a statutory demand; or

Intellectual Property Rights means all intellectual property rights, including copyright, inventions, patents (including patent applications), trade marks (whether registered or not), designs (whether registrable or not), eligible circuit layout rights, domain names, licences, know-how, trade secrets, and includes the right to register any intellectual property rights.

Liability means any liability (whether actual or prospective), loss, damage, cost or expense of any description, including legal fees on a solicitor and own client basis.

Location means any location where Goods are to be delivered or Services supplied (other than the Premises).

Manufacturer means a third-party manufacturer of Goods.

Order means a contract between EcuWire and the Customer for the provision of Goods, incorporating these Terms.

Payment Terms means the terms and conditions in relation to the amount payable in respect of an Order provided by EcuWire to the Customer, including all costs, charges and expenses reasonably and properly incurred by EcuWire .

Policies means:

(a) the Privacy Policy,

(b) the Returns Policy,

(d) the Payment Options,

(e) the Sales Policy,

Premises means EcuWire usual place of business, or any other location specified by EcuWire .

Privacy Law means:

(a) the Privacy Act 1988 (Cth); and

(b) any other law that governs the use, disclosure or management of data or information relating to persons.

PPS Act means the Personal Property Securities Act 2009 (Cth).

PPSR means the Personal Property Securities Register established under the PPS Act.

Quote means a statement of work or quotation which sets out the Goods and/or Services to be supplied by EcuWire to the Customer, prices, delivery dates and Payment Terms.

Related Body Corporate has the meaning given by the Corporations Act.

Representative includes an employee, agent, officer, director, auditor, advisor, researcher, partner, consultant, contractor, sub-contractor, Related Body Corporate, or other related entity of a person.

Services means any services provided by EcuWire to the Customer.

EcuWire means EcuWire (WA) ABN 19951945385

Terms means these terms and conditions.

Website means the website https://www.ecuwire.com/ or any other website of EcuWire .

18.2 Interpretation

Headings are only for convenience and do not affect interpretation. The following rules apply to these Terms and the Policies unless the context requires otherwise:

(a) the singular includes the plural and the opposite also applies;

(b) a reference to one gender includes all other genders and no gender;

(d) mentioning anything after includes, including, or similar expressions, does not limit anything else that might be included;

(e) a reference to a party, clause, schedule, attachment or annexure is a reference to a party, clause, schedule, attachment or annexure to or of these Terms and a reference to these Terms includes all schedules, attachments and annexures to it;

(f) a reference to a document is to that document as varied, novated, ratified or replaced from time to time;

(g) a reference to legislation is to that legislation as amended, re-enacted or replaced, and includes any subordinate legislation issued under it;

(h) a reference to a party to these Terms or another agreement or document includes that party’s successors, administrators and permitted substitutes and assigns (and, where applicable, the party’s legal personal representatives, or a substituted or an additional trustee);

(i) if more than one person is identified as a Customer, that expression refers to them and binds them, jointly and severally; and an obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally;

(j) a reference to a person, individual, the estate of an individual, authority, association, joint venture (whether incorporated or unincorporated), corporation, trust, partnership, unincorporated body or other entity includes any of them;

(k) a reference to information is to information of any kind in any form or medium, whether formal or informal, written or unwritten, for example, computer software or programs, concepts, data, drawings, ideas, knowledge, procedures, source codes or object codes, technology or trade secrets; and