Terms & Conditions
Website Terms & Conditions
This Web Site (the "Site") is an online information service provided by Shed Doctor (the "Company"), and is subject to your compliance with these terms and conditions set forth below.
Please read this page carefully. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS STATED HERE, DO NOT USE THE WEB SITE.
This page states the terms and conditions under which you may use the Site and any other product or service offered for sale by the Company through the Site. The right to use products or services by the Company is personal to you and is not transferable to any other person or company.
The Company reserves the right to change the terms and conditions applicable to the Site, or to impose new terms and conditions. Such modifications or additions shall be effective immediately upon notice to each client. Notice may be given by any reasonable means including, but not limited to, posting a revised version of this Agreement on the Internet or notification by electronic mail. Any use of the Site after such notice shall conclusively be deemed to constitute acceptance by you of such modifications, additions, or deletions. You have the responsibility to periodically review the posted terms and conditions to be aware of such revisions.
Section 1. Use of Material, Copyright
The Company authorizes you to view, copy, and print a single copy of material on this Site solely for your personal, non-commercial use. Special rules may apply to the use of certain software and other items provided on the Site.
As a user, you agree to use the services offered by the Company in a manner consistent with all applicable local, state and federal laws and regulations. No material shall be stored or transmitted which infringes or violates the rights of others, which is unlawful, obscene, indecent or otherwise objectionable, threatening, defamatory, or invasive of privacy or publicity rights. The company prohibits conduct that might constitute a criminal offence, gives rise to civil liability or otherwise violates any law. Any activity that restricts or inhibits any other user from using the services of the Company is also prohibited. Unless allowed by a written agreement, you may not post or transmit advertising or commercial solicitation on the Site.
The contents of the Site, such as text, graphics, images and other material ("Material"), are protected by Australian and foreign copyright and trademark laws. Unauthorized use of the Material may violate copyright, trademark, and other laws. You must retain all copyright and other proprietary notices contained in the original Material on any copy you make of the Material. You may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose. The use of the Material on any other Web site or in a networked computer environment for any purpose is prohibited.
If you violate any of the terms or conditions, your permission to use the Material automatically terminates and you must immediately destroy any copies you have made of the Material.
Section 2. Commercial Use of Material, Fees
The Company authorizes the use of textual and graphical material on this Site for your commercial use under special circumstances and to use such material in any publication for the fee of $500AUD + GST per copy for printed material or $500AUD + GST per page per day for online reproductions.
By using any graphical or textual material from this site you agree to incur this charge and agree to be invoiced for the full amount within the standard terms of service offerred by this company.
Section 3. The Company's Liability
The Material may contain inaccuracies or typographical errors. The Company makes no representations about the accuracy, reliability, completeness, or timeliness of the Material or about the results to be obtained from using the Site or the Material. Use of the Site and the Material is at your own risk. Changes are periodically made to the Site, and may be made at any time.
The Company does not warrant that the site will operate error-free or that the site and its server are free of computer viruses and other harmful goods or conditions. If your use of the Site or the Material results in the need for servicing or replacing equipment or data, the Company is not responsible for those costs.
The Site and Material are provided on an 'as is' basis without any warranties of any kind. The company and its suppliers, to the fullest extent permitted by law, disclaim all warranties, including the warranty of merchantability, non-infringement of third parties rights, and the warranty of fitness for particular purpose. The Company and its suppliers make no warranties about the accuracy, reliability, completeness, or timeliness of the material, services, software text, graphics, and links.
Section 4. Disclaimer of Consequential Damages.
In no event shall the Company, its suppliers, or any third parties mentioned at the Site be liable for any damages whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the Site and the Material, whether based on warranty, contract, tort, or any other legal theory, and whether or not the Company is advised of the possibility of such damages.
Section 5. User Submissions.
Any communication which you post to the Site or transmit to the Company or to the Site by e-mail or other medium can be used by the Company on a royalty-free, perpetual, irrevocable, nonexclusive license with the right to reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicenses.
As a user of the Site, you are responsible for your own communications and are responsible for the consequences of their posting. You must not do the following things: post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; post material that reveals trade secrets, unless you own them or have the permission of the owner; post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; post material that is obscene, defamatory, threatening, harassing, abusive hateful, or embarrassing to another user of the Site or any other person or entity; post a sexually-explicit image; post advertisements or solicitations of business; post chain letters or pyramid schemes; or impersonate another person.
The Company does not represent or guarantee the truthfulness, accuracy, or reliability of any communications posted by other users of the Site or endorse any opinions expressed by users of the Site. You acknowledge that any reliance on material posted by other users of the Site will be at your own risk.
The Company does not screen communications in advance and is not responsible for screening or monitoring material posted by users of the Site. If notified by a user of communications which allegedly do not conform to this agreement, the Company may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication. The Company has no liability or responsibility to users of the Site for performance or non-performance of such activities. The Company reserves the right to expel users of the Site and prevent their further access to the Site for violating this agreement or any law or regulation, and also reserves the right to remove communications which are abusive, illegal, or disruptive.
Section 6. Links to Other Sites.
The Site contains links to third party Web sites. These links are provided solely as a convenience to you and not as an endorsement by the Company of the contents on such third-party Web sites. The Company is not responsible for the content of linked third-party Web sites and does not make any representations regarding the content or accuracy of material on such third party Web sites. If you decide to access linked third-party Web sites, you do so at your own risk.
Section 7. Software Licenses.
All software that is made available for downloading from the Site ("Software") is protected by copyright and may be protected by other rights. The use of such software is governed by the terms of the software license agreement or designated "Legal Notice" accompanying such Software ("License Agreement"). The downloading and use of such Software is conditioned on your agreement to be bound by the terms of the License Agreement.
Section 8. Limitation of Liability
Unless otherwise expressly provided in a Software License or Legal Notice, the aggregate liability for Company to you for all claims arising from the use of the Materials (including Software) is limited to $100.
Section 9. Indemnity.
You agree to defend, indemnify, and hold harmless the Company, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation, reasonable legal and accounting fees, alleging or resulting from your use of the Material (including Software) or your violation of the terms or conditions of this agreement.
Section 10. User Information.
The Company may use the information it obtains relating to you, including your IP address, name, mailing address, email address and use of the Site, for its internal business and marketing purposes.
Section 11. General
The Site is based in Melbourne, Australia. The Company makes no claims that the Materials are appropriate or may be downloadable outside of Australia. Access to the Materials (including Software) may not be legal by certain persons in certain countries. If you access the Site from outside of Australia, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. This agreement is governed by laws of Australia, without respect to its conflict of laws principles. If any provision of this agreement is found invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this agreement, which shall remain in full force and effect. No waiver of any term of this agreement shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in a particular "Legal Notice" or Software License or Material on particular pages of the Site, this agreement constitutes the entire agreement between you and the Company with respect to the use of the Site. Any changes to this agreement must be made in writing, signed by an authorized representative of the Company.
Terms & Conditions of Trade
1.Contract and Acceptance
These terms and conditions (terms) constitute an agreement between Tripex Pty Ltd (ABN 85 652 370 913) (Trading As Shed Doctor (VIC), we or us) and the customer (Customer or you) in relation to any goods and/or services to be provided to the Customer by Shed Doctor. The Customer is taken to have accepted and be bound by these terms if it instructs Shed Doctor to provide any goods and/or services, accepts such goods or services, or accepts these terms in any other manner recognised by law.
The Customer acknowledges and agrees that these terms and conditions shall be read together with any quote, proposal or confirmation order in relation to goods and/or services to be provided by Shed Doctor to the Customer.
The Customer acknowledges that Shed Doctor may, in its entire discretion, sub-contract, assign or license any part of its rights and obligations in terms of this agreement. The Customer may not assign or transfer any of its rights or obligations in terms of this agreement without the prior written consent of Shed Doctor.
These terms may only be amended by written agreement between the parties.
In the event of there being any conflict between these terms and conditions and any terms and conditions, purchase order or similar document provided by the Customer, then these terms will take precedence.
2. Definitions
“Shed Doctor” means Tripex Pty Ltd of Unit 6, 126 Merrindale Drive, Croydon South, Victoria 3136 and includes any agents, contractors, sub-contractors and employees of the company.
“Customer” means the Customer or entity purchasing goods or services from Shed Doctor, its successors and assigns or any person acting on behalf of and with the authority of the Customer, as described in any application, quote, work authorisation or other form.
“Guarantor” means any person or persons, or entity, who agrees to be jointly and severally liable for the debts of the Customer in accordance with these terms.
“Works” means any goods and/or services provided by Shed Doctor to the Customer in accordance with these terms.
“Contract to build” means the customer has accepted in writing the Shed Doctor Quote and/or Order Confirmation.
3. Price and Payment
The price payable for the goods and/or services shall be either:
(a) the amount indicated on invoices provided to the Customer, or
(b) the price quoted by Shed Doctor, provided the Customer accepts such quotation in writing within 30 days.
Shed Doctor requires payment as follows:
Initial Deposit – Planning Permit Fees & Charges
Your initial deposit is non-refundable. All planning permit fees and charges are non-refundable and payable upon acceptance of our quote before any applications can begin. Any fees for non-standard planning permit requirements on top of the basic permit are charged and payable as incurred. Shed Doctor strongly recommends customers obtain a planning permit before accepting the project proposal and paying deposit due to lengthy delays in council approvals of planning permits. Planning permit delays of greater than 30 days after acceptance of proposal will lead to a review of all pricing (particularly due to the current state of world trade affairs and instability largely caused by the global pandemic). If prices have increased an invoice will be issued to reflect the price rise and this is payable within 7 days.
Project Deposit – Engineering Fees & Computations
Engineering fees and charges are non-refundable and due upon acceptance of quote. Cost of engineering/computations and drawings is 5% of the total project value. A project deposit of 10% (including engineering fees) of the total project price is payable to confirm order. Payments made cover engineering fees & computations are non-refundable.
Building Permit -
All building permit fees and charges are non-refundable and payable before commencement of the building permit application process. Building permit must be obtained before any construction work can commence. Building permits can take between one to four months to obtain.
Progress Payment – (Works not including concrete) -
For projects that do not contain any concrete, a progress payment is then due and payable 14 days prior to the expected kit delivery date.
Final Invoice – (Works not including concrete) -
A final invoice will be payable upon completion of the build. Any and all additional costs for works outside the scope of the original contract will be invoiced as incurred and payable within 7 days.
Progress Payment – (Works including concrete) -
For projects that include concrete slab, a progress payment will be due and payable 14 days prior to the expected kit delivery date. A 20% concrete progress fee will be required to be paid before any concrete works can begin. A further payment will become due upon completion of the concrete works.
Final Invoice (Works including concrete) -
A final invoice will be payable upon completion of the build. Any and all additional costs for works outside the scope of the original contract will be invoiced as incurred and payable within 7 days.
All payment terms must be strictly adhered to. All invoices are due and payable 7 days after issue. Kit delivery cannot take place until all required progress payments are paid up to date.
Payments by credit card shall be subject to payment of any surcharge charged by the financial institution to Shed Doctor.
All goods and services are subject to payment of Goods and Services Tax (GST).
Unless agreed to the contrary in writing, any amounts not paid within 14 days of the invoice date shall be liable for payment of interest, by the customer, at the rate stipulated in terms of the Penalty Interest Rates Act (Vic), as varied from time to time, with effect from the invoice date.
In the event of Shed Doctor incurring any costs (including legal costs) in order to recover any amount owing in terms of these terms, or to enforce its rights in accordance with these terms, the Customer agrees that it will be liable for the legal costs of Shed Doctor for a solicitor and any collection agency costs.
In the event of increases in materials, including concrete, steel, and other building materials between the date of quote and confirmation of the delivery and construction dates, Shed Doctor reserves the right to amend the quote to incorporate any increases in the cost of materials.
4. Customer Obligations
(a) Correct Order: Shed Doctor will take care to detail your order. It is your responsibility to ensure that all information provided to Shed Doctor and referred to in any quote or order is correct. If dimensions in any order are not shown, then they will be deemed to be the Shed Doctor standard size.
(b) Design: The structure as described is the design of Shed Doctor and will be manufactured and constructed in accordance with this design. Manufacturing is completed for Shed Doctor by a third-party provider.
(c) Permit: Your acceptance of these terms and conditions authorises Shed Doctor to obtain a building permit (if required) at your cost and on your behalf. Building permits are required for a contract price above $5000, or if the building’s floor area is above 9 m². If a building permit is required, it is the responsibility of the customer to obtain, unless specifically included in the proposal. Any additional charges above the standard building permit fee will be charged to the Customer.
5. Delivery
(a) Shed Doctor will deliver the goods, and the Customer will receive the goods at the Customer’s designated delivery address.
(b) The Customer or their representative will be responsible for providing adequate and timely access to the delivery address. The Customer must notify Shed Doctor prior to delivery of any obstacles or peculiarities in relation to the delivery site.
(c) The Customer or their representative must be available at the delivery address on the delivery date to sign the delivery docket. The Customer must ensure any materials are unloaded as close as practicable to the construction site. The Customer furthermore acknowledges that signature of the delivery docket will be the Customer’s confirmation that the delivery of the goods complies with Shed Doctor’s obligations in terms of these terms and conditions.
(d) If due to adverse conditions on site, a delivery vehicle requires towing or causes property damage, the Customer acknowledges liability for the costs of towing the vehicle or any rectification of property damage.
(e) Shed Doctor may refuse to deliver goods and return the goods at the Customer’s cost, if Shed Doctor, its employee, or agent considers it would be unsafe to deliver the goods.
(f) Shed Doctor quotes on work on the assumption that the delivery site is safe and complies with all relevant legislation and regulations.
(g) Shed Doctor will only deliver goods during normal business hours, unless otherwise agreed in writing.
6. Site Works
(a) The Customer acknowledges liability for on-site preparations, including the provision of crushed rock or other materials on site to ensure good access and the ability to build the shed. Site conditions that effect access or disrupt work may incur additional charges.
(b) It is the Customer’s responsibility to ensure that the site is level, free of obstructions such as rock, tree roots, rubbish, and services and that it is accessible and has a clear 2 metre radius around the construction area. Extra charges may apply if these requirements are not met.
(c) Shed Doctor will dig footings for your shed (normal clay drilling only). We will take care when excavating footings. However, it is your responsibility to inform Shed Doctor of any underground pipes or wires that may be present on the site and Shed Doctor will not be liable for any damage caused to underground pipes or wiring and you will furthermore be responsible for any remedial costs relating to the damage or disruption of pipes or wiring. If standard equipment is unable to excavate footing holes, then extra charges may apply for the use of non-standard equipment.
(d) During construction the Customer must provide 240-volt single phase power to the site and access to water. If power is not available, the Customer agrees to rent a generator from us at our nominal daily rate for the duration of the time that this is required on site.
(e) The price of this contract does not include the removal of spoil, distribution of spoil over the site, the removal of rubbish and off cut materials, unless stated otherwise.
(f) If additional supplies, machinery, or equipment is required due to site conditions, extra charges may be payable.
(g) It is the Customer’s responsibility to show the erector the finished floor level and to define all property boundaries. The structure will otherwise be set up with a finished floor level which is 100 mm above the proposed site’s highest point.
(h) When Colorbond is ordered, Shed Doctor takes due care when handling the product, but reserves the right to use touch up paint to repair any slight scratches or marks.
(i) The structure will be manufactured and erected as indicated in the floor plan provided with the quote accepted by the Customer.
(j) The local authority may require asset protection fees and a bond to be paid in respect of any works. It is the Customer’s responsibility to pay the relevant costs. If Shed Doctor takes out asset protection cover on behalf of the Customer, then the Customer will reimburse Shed Doctor for the costs of such cover.
7. Inclusions, Exclusions and Time Extensions
In the event of a variation to the proposed goods and/or services, Shed Doctor may change the price by either providing a new quotation, or providing a written variation notice. Shed Doctor may charge a fee for additional administration costs.
Unless specifically included, the following items are excluded from any quote and will be subject to additional cost:
Planning permits
Building permits
Site specific compliance forms
Site excavation and preparation
Soil tests
Concrete flooring
Connection of downpipes to legal point of discharge
Removal of soil
Removal of asbestos or other dangerous materials
Any unexpected or hidden complications arising while providing the services or delivery of the goods, or
Any services or delivery of goods which may be provided outside of normal trading hours, which costs may include overtime rates.
The Customer acknowledges and agrees that the completion date for any services or the delivery of any goods may be extended, due to external factors over which Shed Doctor may have no control, such as inclement weather, force majeure and/or the exclusions referred to in clause 7(b) above.
8. Title and Risk
Shed Doctor and the Customer agree that ownership of any goods will not pass until the Customer has paid Shed Doctor all amounts owing in relation to the goods and/or any services.
The Customer may not grant an encumbrance or charge over the goods and/or services or transfer any interest in the goods and/or services while they remain the property of Shed Doctor.
Although Shed Doctor retains ownership of the goods until all goods and/or services have been paid in full, full risk for the goods passes to the Customer on delivery. Where delivery is affected by Shed Doctor or its nominated carrier, delivery shall be when the Customer takes possession of the goods at the Customer’s nominated address.
9. Limitation of Liability and Australian Consumer Law Guarantees
Unless the Customer indicates otherwise, the Customer acknowledges that the goods and/or services it will acquire from Shed Doctor will be obtained for either the purpose of resupply (in an altered form or condition to be incorporated into other goods), or for the purpose of using them up or transforming them in trade or commerce in the course of a process of production or manufacture, or in the course of repairing or treating other goods or fixtures on the land.
If the Customer is a consumer within the meaning of the Australian Consumer Law and any of the goods or services supplied by Shed Doctor are not goods of a kind ordinarily acquired for personal, domestic or household use or consumption, the Customer agrees that Shed Doctor’s liability for a failure to comply with a consumer guarantee under the Australian Consumer Law in relation to those goods or services (other than a guarantee under sections 51 (title), 52 (undisturbed possession) and 53 (undisclosed securities)) of the Australian Consumer Law are subject to the following mandatory wording in terms of the Australian Consumer Law:
“Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled: to cancel your service contract with us; and to a refund for the unused portion, or to compensation for its reduced value.
You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done, you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.”
The guarantees in this clause 9 shall not cover any defect or damage which may be caused or partly caused by or arise through:
(i) failure on the part of the Customer to properly maintain any Works; or
(ii) failure on the part of the Customer to follow any instructions or guidelines provided by Shed Doctor; or
(iii) any use of any Works otherwise than for any application specified on a quote or order form; or
(iv) the continued use of any Works after any defect becomes apparent or would have become apparent to a reasonably prudent operator or user; or
(v) fair wear and tear, any accident or act of God.
Nothing in these terms is intended to have the effect of enabling Shed Doctor to contract out of any applicable provisions of the Competition and Consumer Act 2010 (Cth) or the Fair Trading Acts in each of the states and territories of Australia, except to the extent permitted by those acts.
In the event of any breach of these terms and conditions by Shed Doctor, the remedies of the Customer shall be limited to damages, which shall not exceed the price of the goods and/or services under any circumstances. Shed Doctor shall furthermore not be liable for any indirect loss and/or expense (including loss of profits) suffered by the Customer, or any third party, as a result of a breach of these terms and conditions by Shed Doctor.
Neither party shall be liable for any breach of contract, or liable for any default, delays, or failure to perform any of that party’s obligations in terms of these terms and conditions, due to any act of God, force majeure (including pandemics or epidemics) or other event beyond the reasonable control of that party.
10. Release and Indemnity
The Customer indemnifies Shed Doctor and each member of Shed Doctor’s personnel from and against any liability or claim arising directly or indirectly in relation to:
• The accuracy of any information provided by the Customer to Shed Doctor in relation to the goods and/or services provided in accordance with these terms and conditions or the delivery address;
• The Customer’s breach of these terms and conditions;
• The negligence or wilful misconduct of the Customer, or any member of the Customer’s personnel;
• Shed Doctor or any of its representatives or agents delivering the goods in accordance with the Customer’s instructions;
• Shed Doctor or any of its representatives or agents entering the delivery address;
• Damage to the property of the Customer or any third party during any delivery of goods;
• Any breakage or contamination of goods during any transport or delivery;
• Any tests in relation to goods and/or services;
• A Customer or any member of the Customer’s personnel directly or indirectly causing any delay in the supply of any goods and/or services;
• Shed Doctor having to resupply the goods and/or services, as a result of the actions or omissions of the Customer or any third party;
• The Customer or their representative refusing to accept any delivery;
• The Customer or their representative purporting to cancel any order or contract; or
• any proceedings, claims and demands in relation to any secured property.
11. Personal Property Securities Act, 2009 (PPSA)
(a) The Customer acknowledges and agrees that these terms and conditions constitute a security agreement for the purposes of the PPSA and create a security interest in all goods that have previously been supplied and that will be supplied in the future by Shed Doctor to the Customer.
(b) The Customer undertakes to:
(i) promptly sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which Shed Doctor may reasonably require to; register a financing statement or financing change statement in relation to a security interest on the Personal Property Securities Register; register any other document required to be registered by the PPSA ; or correct a defect in a statement referred to in clause 9(b)(i)(a) or (b);
(ii) indemnify, and upon demand reimburse, Shed Doctor for all expenses incurred in registering a financing statement or financing charge statement on the Personal Property Securities Register established by the PPSA or releasing any goods and/or services charged thereby;
(iii) not register a financing change statement in respect of a security interest in relation to the goods without the prior written consent of Shed Doctor;
(iv) not register, or permit to be registered, a financing statement or financing charge statement in relation to the goods and/or services in favour of a third party, without the prior written consent of Shed Doctor.
(c) Shed Doctor and the Customer agree that sections 96, 115 and 125 of the PPSA do not apply to the security agreement created by these terms and conditions.
(d) The Customer waives their rights to receive notices under sections 95, 118, 121(4), 130, 132(3)(d) and 132(4) of the PPSA.
(e) The Customer waives their rights as a grantor and/or a debtor under section 142 and 143 of the PPSA.
(f) Unless otherwise agreed to in writing by Shed Doctor, the Customer waives the right to receive a verification statement in accordance with section 157 of the PPSA.
(g) If it is held that section 125 of the PPSA must apply, the Customer agrees that at any time after any security interest provided for by these terms and conditions has become enforceable, Shed Doctor may delay taking action to retain the whole or part of the collateral, to the extent permitted by law.
(h) The Customers right to possession of goods still owned by Shed Doctor shall cease if:
the Customer being an individual, commits an act of bankruptcy;
the Customer being a company, circumstances arise where a receiver, manager, administrator, liquidator or controller becomes entitled to take possession of any of its assets, any proceedings are instituted for winding up, or the Customer enters into a deed of arrangement ;
the Customer ceases or threatens to cease conducting business in the normal manner, or applies for deregistration or receives a deregistration notice;
any cheque the Customer provides to Shed Doctor is dishonoured;
the Customer fails to comply with any demand for payment issued by Shed Doctor, or
the Customer breaches any of these terms and conditions.
(i) The Customer must unconditionally ratify any actions taken by in terms of this clause.
(j) Subject to any express provisions to the contrary, nothing in these terms and conditions is intended to have the effect of contracting out of any of the provisions of the PPSA.
12. Default
If the Customer breaches the provisions of these terms and conditions, Shed Doctor may suspend or terminate the supply of the goods and/or services to the Customer and Shed Doctor will not be liable to the Customer for any loss or damage the Customer suffers because Shed Doctor has exercised its rights in terms of this clause.
In the event of the Customer failing to pay any amount due in terms of these terms and conditions, the Customer becoming insolvent, convening a meeting with its creditors, entering into a deed of arrangement with creditors or making an assignment for the benefit of its creditors, or a receiver, manager, liquidator or similar person being appointed in respect of the Customer, then, without prejudice to any other remedies at law, Shed Doctor will be entitled to cancel the agreement entered into in accordance with these terms and conditions and claim all amounts owing to Shed Doctor .
13. Corporate Entity, Guarantee and Joint and Several Liability
(a) If the Customer is a corporate entity, the person signing an acceptance of these terms and conditions, or accepting in any other manner recognised by law on behalf of that entity warrants that they are a duly authorised representative of the entity and that person hereby personally guarantees performance by the Customer of all its obligations as specified in these terms and conditions and agrees to be jointly and severally liable for the debts of the Customer on a principal debtor basis.
14. Dispute
(a) If any dispute arises out of this agreement, the parties will attempt to resolve the dispute informally. If the parties have not resolved their dispute within 10 business days of one party notifying the other party in writing of the nature of the dispute, then the parties agree to:
engage a mediator selected by agreement or, failing agreement within 5 business days after one party nominates a mediator in writing, selected by the President of the Law institute of Victoria or their nominee; and
conduct a mediation in respect of the dispute within 20 business days after the mediator is appointed.
The parties agree to each pay half of the mediator's fees.
A party must not commence court proceedings, except proceedings seeking interlocutory relief, in respect of a dispute arising out of these terms and conditions, unless it has complied with this clause.
Notwithstanding any other provision of this clause 14, Shed Doctor shall be entitled to exercise its statutory right to payment or progress payments in terms of the Building and Construction Industry Security of Payment Act 2002 (the SOP Act) and Shed Doctor may exercise its rights in terms of the SOP Act at any relevant time, without being required to comply with the dispute resolution provisions of this clause 12.
15. Privacy
(a) These terms and conditions are subject to, and should be read with, Shed Doctor’s privacy policy, which is available on Shed Doctor’s website or on request.
16. General
(a) These terms and conditions and the agreement entered into between the parties shall be governed by the laws of the State of Victoria and each party submits to the non-exclusive jurisdiction of the courts of that state.
(b) In the event that any of these terms and conditions are found to be invalid, illegal or unenforceable, such validity, legality and enforceability shall not affect the validity of any other remaining provisions of these terms and conditions.
(c) Shed Doctor reserves the right to alter these terms and conditions at any time.