Privacy Policy | Ridgetop Structures, South Australia

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Terms & Conditions

1. Definitions

“Contract” means the terms and conditions together with any Quotation, order, invoice or other document or amendments expressed to be supplemental to this Contract.
“Supplier” means Ridgetop Structures Pty Ltd, or any person acting on behalf of and with the authority of Ridgetop Structures Pty Ltd.
“Client” means the person/s, entities acting on behalf of and with the authority of the Client requesting Ridgetop to provide the Works as specified in any proposal, quotation, order, invoice or other documentation, and:
1. If there is more than one Client, is a reference to each Client jointly and severally; and
2. If the Client is a partnership, it shall bind each partner jointly and severally; and
3. If the Client is a part of a Trust, shall be bound in their capacity as a trustee; and
4. includes the Client’s executors, administrators, successors and permitted assigns.
“Works” means all Works (including consultation, manufacturing and/or installation services) or Materials supplied by Ridgetop to the Client at the Client’s request from time to time
"Confidential Information” means information of a confidential nature whether oral, written or in electronic form including:
1. This Contract, either party’s intellectual property, trade secrets, financial and commercial affairs, contracts, client information (including but not limited to, “Personal Information”
“Price” means the Price payable (plus any GST where applicable) for the Works as agreed between Ridgetop and the Client.
“GST” means Goods & Services tax” as defined within the Goods and Services tax act 1999.

2. Acceptance

The Client is taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions if the Client places an order or accepts delivery of any Works.
Any amendment to the terms and conditions contained in this Contract may only be amended in writing by the consent of both parties.
The Client acknowledges that the supply of Works on credit shall not take effect until the Client has completed a credit application with Ridgetop and it has been approved with a credit limit established for the account.
In the event that the supply of Works request exceeds the Clients credit limit and/or the account exceeds the payment terms, Ridgetop reserves the right to refuse delivery.
The Client acknowledges and agrees that any advice, recommendations, methods or other information provided by Ridgetop is given in good faith, and is based on Ridgetop’s own knowledge and experience.
In the event the Client intends to undertake any works themselves then the Client acknowledges and agrees that Ridgetop shall have no liability whatsoever in regard to such works and the Client understands that they undertake such works solely at their own risk and responsibility.
These terms and conditions may be meant to be read in conjunction with Ridgetop’s Hire Form, and:
1. Where the context so permits, the terms ‘Works’ or ‘Materials’ shall include any supply of Equipment, as defined therein; and
2. If there are any inconsistencies between the two documents then the terms and conditions contained therein shall prevail.

3. Errors and Omissions

The Client acknowledges and accepts that Ridgetop shall, without prejudice, accept no liability in respect of any alleged or actual error(s) and/or omission(s):
1. Resulting from an inadvertent mistake made by Ridgetop in the formation and/or administration of this Contract; and/or
2. Contained in/omitted from any literature (hard copy and/or electronic) supplied by Ridgetop in respect of the Works.

4. Change in Control

The Client shall give Ridgetop not less than fourteen (14) days prior written notice of any proposed change of ownership of the Client and/or any other change in the Client’s details (including but not limited to, changes in the Client’s name, address, contact phone number/s, change of trustees, or business practice). The Client shall be liable for any loss incurred by Ridgetop as a result of the Client’s failure to comply with this clause.

5. Price and Payment

At Ridgetop’s sole discretion the Price shall be either:
1. as indicated on invoices provided by Ridgetop to the Client in respect of Works performed or Materials supplied; or
2. Ridgetop’s quoted Price (subject to clause 5.2) which shall be binding upon Ridgetop provided that the Client shall accept Ridgetop’s quotation in writing within seven (7) days.
Ridegtop reserves the right to change the Price:
1. if a variation to the Materials which are to be supplied is requested; or
2. where additional Works are required due to the discovery of hidden or unidentifiable difficulties (including, but not limited to, poor weather conditions, limitations to accessing the site, safety considerations, availability of machinery, prerequisite work by a third party not being completed, hard rock barriers below the surface, iron reinforcing rods in concrete, or hidden pipes, and wiring in walls, etc.) which are only discovered on commencement of the Works; or
3. in the event of increases to Ridgetop in the cost of labour or Materials
Variations will be charged for on the basis of Ridgetop’s quotation, and will be detailed in writing, and shown as variations on Ridgetop’s invoice. Payment for all variations must be made in full at the time of their completion.
At Ridgetop’s sole discretion a non-refundable deposit may be required.
Time for payment for the Works, the Price will be payable by the Client on the date/s determined by Ridgetop, which may be:
1. on completion of the Works; or
2. by way of progress payments in accordance with Ridgetop’s specified progress payment schedule or
3. thirty (30) days following the end of the month in which a statement is posted to the Client’s address or address for notices;
4. the date specified on any invoice or other form as being the date for payment
Payment may be made by electronic/on-line banking, or by any other method as agreed to between the Client and Ridgetop.
Ridgetop may in its discretion allocate any payment received from the Client towards any invoice that Ridgetop determines. In the absence of any payment allocation by Ridgetop, payment will be deemed to be allocated in such manner as preserves the maximum value of Ridgetop’s Purchase Money Security Interest (as defined in the PPSA) in the Materials.
The Client shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Client by Ridgetop nor to withhold payment of any invoice because part of that invoice is in dispute.
Unless otherwise stated the Price does not include GST. In addition to the Price, the Client must pay to Ridgetop an amount equal to any GST Ridgetop must pay for any supply by Ridgetop under this or any other contract for the sale of the Materials. The Client must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Client pays the Price. In addition, the Client must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.

6. Provision of the Works

Subject to clause 6.2 it is Ridgetop’s responsibility to ensure that the Works start as soon as it is reasonably possible.
The Works’ commencement date will be put back and/or the completion date extended by whatever time is reasonable in the event that Ridgetop claims an extension of time (by giving the Client written notice) where completion is delayed by an event beyond Ridgetop’s control, including but not limited to any failure by the Client to:
1. make a selection; or
2. have the site ready for the Works; or
3. notify Ridgetop that the site is ready.
At Ridgetop’s sole discretion, the cost of delivery is either included in the Price or is in addition to the Price.
Ridgetop may deliver the Works by separate instalments. Each separate instalment shall be invoiced and paid in accordance with the provisions in these terms and conditions.
Any time specified by Ridgetop for delivery of the Works is an estimate only and Ridgetop will not be liable for any loss or damage incurred by the Client as a result of delivery being late. In the event that Ridgetop is unable to supply the Works as agreed solely due to any action or inaction of the Client, then Ridgetop shall be entitled to charge a reasonable fee for re-supplying the Works at a later time and date.

7. Risk

If Ridgetop retains ownership of the Materials under clause 12 then:
1. where Ridgetop is supplying Materials only, all risk for the Materials shall immediately pass to the Client on delivery and the Client must insure the Materials on or before delivery. Delivery of the Materials shall be deemed to have taken place immediately at the time that either:
  1. the Client or the Client’s nominated carrier takes possession of the Materials at Ridgetop’s address; or
  2. the Materials are delivered by Ridgetop or Ridgetop’s nominated carrier to the Client’s nominated delivery address (even if the Client is not present at the address).
2. where Ridgetop is to both supply and install Materials then Ridgetop shall maintain a contract works insurance policy until the Works are completed. Upon completion of the Works all risk for the Works shall immediately pass to the Client.
Notwithstanding the provisions of clause 7.1 if the Client specifically requests Ridgetop to leave Materials outside Ridgetop’s premises for collection or to deliver the Materials to an unattended location then such materials shall always be left at sole risk of the Client and it shall be the Client’s responsibility to ensure the Materials are insured adequately or at all.
The Client warrants that any structures to which the Materials are to be affixed are able to withstand the installation of the Materials and are of suitable capacity to handle the Materials once installed. If for any reason that Ridgetop, or employees of Ridgetop, reasonably form the opinion that the Client’s premises is not safe for the installation of Materials to proceed then Ridgetop shall be entitled to delay installation of the Materials (in accordance with the provisions of clause 6.2 above) until Ridgetop is satisfied that it is safe for the installation to proceed.
The Client acknowledges that Materials supplied may:
1. fade or change colour over time; and
2. expand, contract or distort as a result of exposure to heat, cold, weather; and
3. mark or stain if exposed to certain substances; and
4. be damaged or disfigured by impact or scratching; and
5. show variations of texture, shade, colour, surface, finish, markings, veining, and contain natural fissures, occlusions, and indentations.
Whilst the Contractor will make every effort to match sales samples to the finished Materials the Contractor accepts no liability whatsoever:
1. where such samples differ to the finished Materials supplied; or
2. for any loss, damages or costs howsoever arising resulting from any texture, shade, colour, surface, finish, markings, veining, and natural fissures, occlusions, and indentations between different batches of product.

8. Accuracy of Clients Plans and Measurements

The Client warrants that the plans, specifications (including CAD plans) and other information provided by the Client to Ridgetop are accurate. The Client acknowledges and agrees that in the event that any plans, specifications (including CAD plans) or information provided by the Client is inaccurate:
1. Ridgetop accepts no responsibility or liability for any loss, damages, or costs however resulting from these inaccurate plans, specifications or other information;
2. Ridgetop is entitled to suspend or terminate the supply of Materials or Works to the Client if there is a material change to the scope of Works as a result of inaccurate plans, specifications or other information;
3. Ridgetop will not be liable to the Client for any loss or damage the Client suffers because Ridgetop has exercised its rights under this clause.
In the event the Client gives information relating to measurements and quantities of the Materials required to complete the Services, it is the Client’s responsibility to verify the accuracy of the measurements and quantities, before the Client or Ridgetop places an order based on these measurements and quantities. Ridgetop accepts no responsibility for any loss, damages, or costs however resulting from the Client’s failure to comply with this clause.

9. Site Conditions

The client shall ensure the following site conditions (unless specifically mentioned otherwise in the agreement):
1. The site is clear, level, prepared, obstruction free and is accessible
2. Site classification being up to a class M (c) Soil bearing pressure ≥ 150kPa
3. Skin friction ≥ 15kPa
4. Bored pier design (with the exception of pad footings for mezzanine floors or concrete panels).
5. Up to 300mm of uncontrolled fill
6. Digging is free from obstructions (e.g. rock, services, concrete etc)
If the site conditions do not meet the conditions listed, additional cost shall be payable to the vendor by the purchaser. Any additional concrete required due to site fill, rock or other obstructions, shall be charged to the purchaser. If square pad footings are required, the difference in concrete volume will be charged to the purchaser (with the exception of pad footings for mezzanine floors or concrete panels). The vendor shall notify the purchaser immediately, so the purchaser becomes aware of any such event.

10. Access

The Client shall ensure that Ridgetop has clear and free access to the site at all times to enable them to undertake the Works. Ridgetop shall not be liable for any loss or damage to the site (including, without limitation, damage to pathways, driveways and concreted or paved or grassed areas) unless due to the negligence of Ridgetop.
It is the responsibility of the Client to ensure that access is suitable to accept the weight of laden trucks, or lifting equipment as may be deemed necessary by Ridgetop.

11. Underground Locations

Prior to Ridgetop commencing any work the Client must advise Ridgetop of the precise location of all underground services on the site and clearly mark the same. The underground mains and services the Client must identify include, but are not limited to, electrical services, gas services, sewer services, pumping services, sewer connections, sewer sludge mains, water mains, irrigation pipes, telephone cables, fibre optic cables, oil pumping mains, and any other services that may be on site.
Whilst Ridgetop will take all care to avoid damage to any underground services the Client agrees to indemnify Ridgetop in respect of all and any liability claims, loss, damage, costs and fines as a result of damage to services not precisely located and notified as per clause 10.1.

12. Compliance with Laws

The Client and Ridgetop shall comply with the provisions of all statutes, regulations and bylaws of government, local and other public authorities that may be applicable to the Works.
The Client shall obtain (at the expense of the Client) all licenses and approvals that may be required for the Works.
The Client agrees that the site will comply with any occupational health and safety laws relating to building/construction sites and any other relevant safety standards or legislation.

13. Title

Ridgetop and the Client agree that ownership of the Materials shall not pass until:
1. the Client has paid Ridgetop all amounts owing to Ridgetop; and
2. the Client has met all of its other obligations to Ridgetop.
Receipt by Ridgetop of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised.
It is further agreed that until ownership of the Materials passes to the Client in accordance with clause 12.1:
1. the Client is only a bailee of the Materials and unless the Materials have become fixtures must return the Materials to Ridgetop on request;
2. the Client holds the benefit of the Client’s insurance of the Materials on trust for Ridgetop and must pay to Ridgetop the proceeds of any insurance in the event of the Materials being lost, damaged or destroyed;
3. the production of these terms and conditions by Ridgetop shall be sufficient evidence of Ridgetop’s rights to receive the insurance proceeds direct from the insurer without the need for any person dealing with Ridgetop to make further enquiries;
4. the Client must not sell, dispose, or otherwise part with possession of the Materials other than in the ordinary course of business and for market value. If the Client sells, disposes or parts with possession of the Materials then the Client must hold the proceeds of any such act on trust for Ridgetop and must pay or deliver the proceeds to Ridgetop on demand;
5. the Client should not convert or process the Materials with other goods but if the Client does so then the Client holds the resulting product on trust for the benefit of Ridgetop and must sell, dispose of or return the resulting product to Ridgetop as it so directs;
6. unless the Materials have become fixtures the Client irrevocably authorises Ridgetop to enter any premises where Ridgetop believes the Materials are kept and recover possession of the Materials;
7. Ridgetop may recover possession of any Materials in transit whether or not delivery has occurred;
8. the Client shall not charge or grant an encumbrance over the Materials nor grant nor otherwise give away any interest in the Materials while they remain the property of Ridgetop;
9. Ridgetop may commence proceedings to recover the Price of the Materials sold notwithstanding that ownership of the Materials has not passed to the Client.

14. Personal Property Securities Act 2009 (“PPSA”)

In this clause financing statement, financing change statement, security agreement, and security interest has the meaning given to it by the PPSA.
Upon assenting to these terms and conditions in writing the Client acknowledges and agrees that these terms and conditions constitute a security agreement for the purposes of the PPSA and creates a security interest in all Materials and/or collateral (account) – being a monetary obligation of the Client to Ridgetop for Works – that have previously been supplied and that will be supplied in the future by Ridgetop to the Client.
The Client undertakes to:
1. 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 Ridgetop may reasonably require to:
2. register a financing statement or financing change statement in relation to a security interest on the Personal Property Securities Register;
3. register any other document required to be registered by the PPSA; or
4. correct a defect in a statement referred to in clause 13.3(a)(i) or 13.3(a)(ii);
5. indemnify, and upon demand reimburse, Ridgetop for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register established by the PPSA or releasing any Materials charged thereby;
6. not register a financing change statement in respect of a security interest without the prior written consent of Ridgetop;
7. not register, or permit to be registered, a financing statement or a financing change statement in relation to the Materials and/or collateral (account) in favour of a third party without the prior written consent of Ridgetop;
8. immediately advise Ridgetop of any material change in its business practices of selling the Materials which would result in a change in the nature of proceeds derived from such sales.
Ridgetop and the Client agree that sections 96, 115 and 125 of the PPSA do not apply to the security agreement created by these terms and conditions.
The Client hereby waives its rights to receive notices under sections 95, 118, 121(4), 130, 132(3)(d) and 132(4) of the PPSA.
The Client waives its rights as a grantor and/or a debtor under sections 142 and 143 of the PPSA.
Unless otherwise agreed to in writing by Ridgetop, the Client waives its right to receive a verification statement in accordance with section 157 of the PPSA.
The Client shall unconditionally ratify any actions taken by Ridgetop under clauses 13.3 to 13.5.
Subject to any express provisions to the contrary (including those contained in this clause 13), nothing in these terms and conditions is intended to have the effect of contracting out of any of the provisions of the PPSA.

15. Security and Charge

In consideration of Ridgetop agreeing to supply the Materials, the Client charges all of its rights, title and interest (whether joint or several) in any land, realty or other assets capable of being charged, owned by the Client either now or in the future, to secure the performance by the Client of its obligations under these terms and conditions (including, but not limited to, the payment of any money).
The Client indemnifies Ridgetop from and against all Ridgetop’s costs and disbursements including legal costs on a solicitor and own client basis incurred in exercising Ridgetop’s rights under this clause.
The Client irrevocably appoints Ridgetop and each director of Ridgetop as the Client’s true and lawful attorney/s to perform all necessary acts to give effect to the provisions of this clause 14 including, but not limited to, signing any document on the Client’s behalf.

16. Defects, Warranties and Returns, Competition and Consumer Act 2010 (CCA)

The Client must inspect all Materials on delivery (or the Works on completion) and must within three (3) days of delivery notify Ridgetop in writing of any evident defect/damage, shortage in quantity, or failure to comply with the description or quote. The Client must notify any other alleged defect in the Materials/Works as soon as reasonably possible after any such defect becomes evident. Upon such notification the Client must allow Ridgetop to inspect the Materials or to review the Works provided.
Under applicable State, Territory and Commonwealth Law (including, without limitation the CCA), certain statutory implied guarantees and warranties (including, without limitation the statutory guarantees under the CCA) may be implied into these terms and conditions (Non- Excluded Guarantees).
Ridgetop acknowledges that nothing in these terms and conditions purports to modify or exclude the Non-Excluded Guarantees.
Except as expressly set out in these terms and conditions or in respect of the Non-Excluded Guarantees, Ridgetop makes no warranties or other representations under these terms and conditions including but not limited to the quality or suitability of the Materials/Works. Ridgetop’s liability in respect of these warranties is limited to the fullest extent permitted by law.
If the Client is a consumer within the meaning of the CCA, Ridgetop’s liability is limited to the extent permitted by section 64A of Schedule 2.
If Ridgetop is required to replace any Materials under this clause or the CCA, but is unable to do so, Ridgetop may refund any money the Client has paid for the Materials.
If Ridgetop is required to rectify, re-supply, or pay the cost of resupplying the Works under this clause or the CCA, but is unable to do so, then Ridgetop may refund any money the Client has paid for the Works but only to the extent that such refund shall take into account the value of Works and Materials which have been provided to the Client which were not defective.
If the Client is not a consumer within the meaning of the CCA, Ridgetop’s liability for any defect or damage in the Materials is:
1. limited to the value of any express warranty or warranty card provided to the Client by Ridgetop at Ridgetop’s sole discretion;
2. limited to any warranty to which Ridgetop is entitled, if Ridgetop did not manufacture the Materials;
3. otherwise negated absolutely. 16.9 Subject to this clause 15, returns will only be accepted provided that:
4. the Client has complied with the provisions of clause 15.1; and
5. Ridgetop has agreed that the Materials are defective; and
6. the Materials are returned within a reasonable time at the Client’s cost (if that cost is not significant); and
7. the Materials are returned in as close a condition to that in which they were delivered as is possible.
8. the Materials are returned in as close a condition to that in which they were delivered as is possible."
Notwithstanding clauses 15.1 to 15.9 but subject to the CCA, Ridgetop shall not be liable for any defect or damage which may be caused or partly caused by or arise as a result of:
1. the Client failing to properly maintain or store any Materials;
2. the Client using the Materials for any purpose other than that for which they were designed;
3. the Client continuing to use any Materials after any defect became apparent or should have become apparent to a reasonably prudent operator or user;
4. interference with the Works by the Client or any third party without Ridgetop’s prior approval;
5. the Client failing to follow any instructions or guidelines (including, but not limited to, any erection procedures) provided by Ridgetop;
6. the Client repairing, altering or overhauling the Materials without Ridgetop’s prior written consent;
7. the Client failing to install/erect the Materials in accordance with local and Government regulations.
8. fair wear and tear, any accident, or act of God.
In the case of second hand Material, unless the Client is a consumer under the CCA, the Client acknowledges that it has had full opportunity to inspect the second hand Materials prior to delivery and accepts them with all faults and that to the extent permitted by law no warranty is given by Ridgetop as to the quality or suitability for any purpose and any implied warranty, statutory or otherwise, is expressly excluded. The Client acknowledges and agrees that Ridgetop has agreed to provide the Client with the second-hand Materials and calculated the Price of the second-hand Materials in reliance of this clause 15.11.
Ridgetop may in its absolute discretion accept non-defective Materials for return in which case Ridgetop may require the Client to pay handling fees of up to twenty percent (20%) of the value of the returned Materials plus any freight costs.

17. Intellectual Property

Where Ridgetop has designed, drawn, written plans or a schedule of Works, or created any products for the Client, then the copyright in all such designs, drawings, documents, plans, schedules and products shall remain vested in Ridgetop, and shall only be used by the Client at Ridgetop’s discretion. Under no circumstances may such designs, drawings and documents be used without the express written approval of Ridgetop.
The Client warrants that all designs, specifications or instructions given to Ridgetop will not cause Ridgetop to infringe any patent, registered design or trademark in the execution of the Client’s order and the Client agrees to indemnify Ridgetop against any action taken by a third party against Ridgetop in respect of any such infringement.

18. Default and Consequences of Default

Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of one and a half percent (1.5%) per calendar month (and at Ridgetop’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
If the Client owes Ridgetop any money the Client shall indemnify Ridgetop from and against all costs and disbursements incurred by Ridgetop in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, Ridgetop’s contract default fee, and bank dishonour fees).
Further to any other rights or remedies Ridgetop may have under this Contract, if a Client has made payment to Ridgetop, and the transaction is subsequently reversed, the Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by Ridgetop under this clause 17 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Client’s obligations under this Contract.
Without prejudice to Ridgetop’s other remedies at law Ridgetop shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to Ridgetop shall, whether or not due for payment, become immediately payable if:
1. any money payable to Ridgetop becomes overdue, or in Ridgetop’s opinion the Client will be unable to make a payment when it falls due;
2. the Client has exceeded any applicable credit limit provided by Ridgetop;
3. the Client becomes insolvent or bankrupt, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
4. a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.

19. Cancellation

Without prejudice to any other remedies Ridgetop may have, if at any time the Client is in breach of any obligation (including those relating to payment) under these terms and conditions Ridgetop may suspend or terminate the supply of Works to the Client. Ridgetop will not be liable to the Client for any loss or damage the Client suffers because Ridgetop has exercised its rights under this clause.
Ridgetop may cancel any Contract to which these terms and conditions apply or cancel delivery of Works at any time before the Works are commenced by giving written notice to the Client. On giving such notice Ridgetop shall repay to the Client any sums paid in respect of the Price, less any amounts owing by the Client to Ridgetop for Works already performed. Ridgetop shall not be liable for any loss or damage whatsoever arising from such cancellation.
In the event that the Client cancels the delivery of Works the Client shall be liable for any and all loss incurred (whether direct or indirect) by Ridgetop as a direct result of the cancellation (including, but not limited to, any loss of profits).
Cancellation of orders for products made to the Client’s specifications, or for non-stocklist items, will definitely not be accepted once production has commenced, or an order has been placed.

20. Privacy Policy

All emails, documents, images or other recorded information held or used by Ridgetop is Personal Information, as defined and referred to in clause 19.3, and therefore considered Confidential Information. Ridgetop acknowledges its obligation in relation to the handling, use, disclosure and processing of Personal Information pursuant to the Privacy Act 1988 (“the Act”) including the Part IIIC of the Act being Privacy Amendment (Notifiable Data Breaches) Act 2017 (NDB) and any statutory requirements, where relevant in a European Economic Area (“EEA”), under the EU Data Privacy Laws (including the General Data Protection Regulation “GDPR”) (collectively, “EU Data Privacy Laws”). Ridgetop acknowledges that in the event it becomes aware of any data breaches and/or disclosure of the Clients Personal Information, held by Ridgetop that may result in serious harm to the Client, Ridgetop will notify the Client in accordance with the Act and/or the GDPR. Any release of such Personal Information must be in accordance with the Act and the GDPR (where relevant) and must be approved by the Client by written consent, unless subject to an operation of law.
Notwithstanding clause 19.1, privacy limitations will extend to Ridgetop in respect of Cookies where transactions for purchases/orders transpire directly from Ridgetop’s website. Ridgetop agrees to display reference to such Cookies and/or similar tracking technologies, such as pixels and web beacons (if applicable), such technology allows the collection of Personal Information such as the Client’s:
1. IP address, browser, email client type and other similar details;
2. tracking website usage and traffic; and
3. reports are available to Ridgetop when Ridgetop sends an email to the Client, so Ridgetop may collect and review that information (“collectively Personal Information”) In order to enable / disable the collection of Personal Information by way of Cookies, the Client shall have the right to enable / disable the Cookies first by selecting the option to enable / disable, provided on the website prior to proceeding with a purchase/order via Ridgetop’s website.
The Client agrees for Ridgetop to obtain from a credit reporting body (CRB) a credit report containing personal credit information (e.g. name, address, D.O.B, occupation, driver’s license details, electronic contact (email, Facebook or Twitter details), medical insurance details or next of kin and other contact information (where applicable), previous credit applications, credit history) about the Client in relation to credit provided by Ridgetop.
The Client agrees that Ridgetop may exchange information about the Client with those credit providers and with related body corporates for the following purposes:
1. to assess an application by the Client; and/or
2. to notify other credit providers of a default by the Client; and/or
3. to exchange information with other credit providers as to the status of this credit account, where the Client is in default with other credit providers; and/or
4. to assess the creditworthiness of the Client including the Client’s repayment history in the preceding two (2) years.
The Client consents to Ridgetop being given a consumer credit report to collect overdue payment on commercial credit.
The Client agrees that personal credit information provided may be used and retained by Ridgetop for the following purposes (and for other agreed purposes or required by):
1. the provision of Works; and/or
2. analysing, verifying and/or checking the Client’s credit, payment and/or status in relation to the provision of Works; and/or
3. processing of any payment instructions, direct debit facilities and/or credit facilities requested by the Client; and/or
4. enabling the collection of amounts outstanding in relation to the Works.
Ridgetop may give information about the Client to a CRB for the following purposes:
1. to obtain a consumer credit report;
2. allow the CRB to create or maintain a credit information file about the Client including credit history.
The information given to the CRB may include:
1. Personal Information as outlined in 19.3 above;
2. name of the credit provider and that Ridgetop is a current credit provider to the Client;
3. whether the credit provider is a licensee;
4. type of consumer credit;
5. details concerning the Client’s application for credit or commercial credit (e.g. date of commencement/termination of the credit account and the amount requested);
6. advice of consumer credit defaults, overdue accounts, loan repayments or outstanding monies which are overdue by more than sixty (60) days and for which written notice for request of payment has been made and debt recovery action commenced or alternatively that the Client no longer has any overdue accounts and Ridgetop has been paid or otherwise discharged and all details surrounding that discharge(e.g. dates of payments);
7. information that, in the opinion of Ridgetop, the Client has committed a serious credit infringement;
8. advice that the amount of the Client’s overdue payment is equal to or more than one hundred and fifty dollars ($150).
The Client shall have the right to request (by e-mail) from Ridgetop:
1. a copy of the Personal Information about the Client retained by Ridgetop and the right to request that Ridgetop correct any incorrect Personal Information; and
2. that Ridgetop does not disclose any Personal Information about the Client for the purpose of direct marketing.
Ridgetop will destroy Personal Information upon the Client’s request (by e-mail) or if it is no longer required unless it is required in order to fulfil the obligations of this Contract or is required to be maintained and/or stored in accordance with the law.
The Client can make a privacy complaint by contacting Ridgetop via e-mail. Ridgetop will respond to that complaint within seven (7) days of receipt and will take all reasonable steps to make a decision as to the complaint within thirty (30) days of receipt of the complaint.

21. Unpaid Seller’s Rights

Where the Client has left any item with Ridgetop for repair, modification, exchange or for Ridgetop to perform any other service in relation to the item and Ridgetop has not received or been tendered the whole of any monies owing to it by the Client, Ridgetop shall have, until all monies owing to Ridgetop are paid:
1. a lien on the item; and,
2. the right to retain or sell the item, such sale to be undertaken in accordance with any legislation applicable to the sale or disposal of uncollected goods.
The lien of Ridgetop shall continue despite the commencement of proceedings, or judgment for any monies owing to Ridgetop having been obtained against the Client.

22. Building and Construction Industry Security of Payment Act 2009

At Ridgetop’s sole discretion, if there are any disputes or claims for unpaid Materials and/or Works then the provisions of the Building and Construction Industry Security of Payment Act 2009 may apply.
Nothing in this Contract is intended to have the effect of contracting out of any applicable provisions of the Building and Construction Industry Security of Payment Act 2009 of South Australia, except to the extent permitted by the Act where applicable.

23. Service of Notices

Any written notice given under this Contract shall be deemed to have been given and received:
1. by handing the notice to the other party, in person;
2. by leaving it at the address of the other party as stated in this Contract;
3. by sending it by registered post to the address of the other party as stated in this Contract;
4. if sent by email to the other party’s last known email address.
Any notice that is posted shall be deemed to have been served, unless the contrary is shown, at the time when by the ordinary course of post, the notice would have been delivered.

24. Trusts

If the Client at any time upon or subsequent to entering in to the Contract is acting in the capacity of trustee of any trust (“Trust”) then whether or not Ridgetop may have notice of the Trust, the Client covenants with Ridgetop as follows:
1. the Contract extends to all rights of indemnity which the Client now or subsequently may have against the Trust and the trust fund;
2. the Client has full and complete power and authority under the Trust to enter into the Contract and the provisions of the Trust do not purport to exclude or take away the right of indemnity of the Client against the Trust or the trust fund. The Client will not release the right of indemnity or commit any breach of trust or be a party to any other action which might prejudice that right of indemnity;
3. the Client will not without consent in writing of Ridgetop (Ridgetop will not unreasonably withhold consent), cause, permit, or suffer to happen any of the following events:
  1. the removal, replacement or retirement of the Client as trustee of the Trust;
  2. any alteration to or variation of the terms of the Trust;
  3. any advancement or distribution of capital of the Trust; or
  4. any resettlement of the trust property.

25. General

The failure by either party to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect that party’s right to subsequently enforce that provision. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
These terms and conditions and any Contract to which they apply shall be governed by the laws of South Australia, the state in which Ridgetop has its principal place of business and are subject to the jurisdiction of the courts of South Australia.
Subject to clause 15, Ridgetop shall be under no liability whatsoever to the Client for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the Client arising out of a breach by Ridgetop of these terms and conditions (alternatively Ridgetop’s liability shall be limited to damages which under no circumstances shall exceed the Price of the Works).
Ridgetop may licence and/or assign all or any part of its rights and/or obligations under this Contract without the Client’s consent.
The Client cannot licence or assign without the written approval of Ridgetop.
The Client agrees that Ridgetop may amend their general terms and conditions for subsequent future contracts with the Client by disclosing such to the Client in writing. These changes shall be deemed to take effect from the date on which the Client accepts such changes, or otherwise at such time as the Client makes a further request for Ridgetop to provide Works to the Client.
Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the reasonable control of either party.
Both parties warrant that they have the power to enter into this Contract and have obtained all necessary authorisations to allow them to do so, they are not insolvent and that this Contract creates binding and valid legal obligations on them.