Terms & Conditions

Introduction

Their objective is to eliminate ambiguity, reduce avoidable anomalies and define the most rewarding commercial terms for all involved with My Wall Space Australia Pty. Ltd.

Your agreement with us

You accept these terms and conditions by accessing or using any part of this site after the first time you visit a page providing a link to them. You then confirm your acceptance of these terms and conditions (as varied from time to time) each time you access any part of this site. These terms and conditions form a legally binding agreement between you and My Wall Space Australia Pty Ltd “we” or “us” governing your use of this site. You are welcome to print a copy for your records. If you do not accept these terms and conditions, you will need to exit this site immediately. A reference to “these terms and conditions” also includes all other instructions, terms or conditions concerning the use of this site or any part of My Wall Space Australia Pty Ltd business practices.

Use of this website

You may use the information on this site for reference only. You agree that you will not re-use it for any purposes that are commercial, unlawful or may prejudice the reputation or interests of My Wall Space Australia Pty Ltd. “Unlawful” use includes activities such as fraud, the posting of defamatory or offensive material, infringement of the rights of others and failure to comply with any legislation. You must not hack into, change or otherwise interfere with the operation of this site or any information contained within it. This includes knowingly transmitting a virus or other damaging item to this site. This website is provided “as is”, so you use it entirely at your own risk. We try to ensure that all information contained on this site is correct at the time of inclusion and that the site is free of viruses and other operational problems. However, we cannot give any guarantees in this regard. You are responsible for your use of this site, and fully indemnify us in respect of any use that we have not expressly authorised.
By consenting to My Wall Space Australia Pty Ltd social media, online marketing or marketing in the checkout or subscribing via our subscription tools, you agree to receive recurring notifications (for your order, including abandoned checkout reminders), marketing offers, and transactional marketing, including requests for reviews from us. Message frequency varies. Consent is not a condition of purchase. You have the option to opt out at any time.

1. Interpretation

1.1 In these conditions:

‘Customer’ means the person or company whose order for the purchase of the goods or installation is accepted by My Wall Space Australia Pty Ltd;

‘My Wall Space’ means My Wall Space Australia Pty Ltd (ABN 83 662 933 315) whose principal place of business is 1142 Ripley Rd, South Ripley Qld 4306.

‘MWS’ means My Wall Space Australia Pty Ltd (ABN 83 662 933 315) whose principal place of business is 1142 Ripley Rd, South Ripley Qld 4306.

‘Conditions’ means the standard terms and conditions of sale set out in this document and (unless the context otherwise requires) includes any special terms and conditions agreed in writing by a duly authorised signatory of Black Blue White;

‘Contract’ means the contract for the purchase and sale of the goods, and/or installation;

‘Goods’ means the goods (including any instalment of the goods or any parts for them purchased online shopping) which My Wall Space is to supply in accordance with these conditions;

“Installation” means the installation of the goods by My Wall Space at the premises;

“Premises” the premises at which the goods are to be installed by Black Blue white;

“Business Day” means any day which is not a Saturday or a Sunday, nor a public holiday in Australia.

‘‘Writing’ includes email, letter, facsimile and comparable means of direct communication.

1.2 Any reference in these conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.

1.3 The headings in these conditions are for convenience only and shall not affect their interpretation.

2. Basis of the contract

2.1 My Wall Space shall sell and the customer shall purchase the goods, and/or (if relevant) installation shall be carried out in accordance with any written estimate of MWS which is accepted by the customer, and subsequently confirmed by MWS or any written order of the customer which is accepted by Black Blue White, subject in either case to these conditions, which shall govern the contract to the exclusion of all other terms and conditions whether of the customer or otherwise.
These conditions apply to all My Wall Space sales, or installations not purchased in our online shopping. Where the customer has requested that MWS carry out the installation, then Clause 10 (Installation) shall also apply to the contract.

If no installation is to take place, clause 10 shall not apply to the contract.

2.2 No variation to these conditions shall be binding unless agreed in writing between the authorised representatives of the customer and MWS.

2.3 My Wall Space employees or agents are not authorised to make any representations, warranties or undertakings (verbal or otherwise) concerning the goods, or the installation or otherwise unless confirmed by an authorised representative of MWS in writing.
In entering into the contract, the customer acknowledges that it does not rely on any such representations, warranties or undertakings which are not so confirmed.

2.4 Any advice or recommendation given by My Wall Space or its employees or agents to the customer or its employees or agents as to the storage, application or use of the goods and which is not confirmed in writing by MWS is followed or acted upon entirely at the customer’s own risk, and accordingly MWS shall not be liable for any such advice or recommendation which is not so confirmed.

2.5 Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of the offer, invoice or other document or information issued by My Wall Space in writing or on the MWS website shall be subject to correction without any liability on the part of My Wall Space.

2.6 My Wall Space brochures/catalogues, technical circulars, sales literature, price lists and other such documents are for the customer’s general guidance only and the particulars contained in such documents shall not constitute representations by MWS and My Wall Space shall not be bound thereby, nor shall they form part of the contract.

2.7 Where technically possible and within the tolerance of materials used the customer’s colour balance requirements will be taken into account. In the absence of specific instructions in regard to Pantone numbers or the customer’s supplied match samples colour balance will be at the discretion of MWS.

2.8 When My Wall Space utilising either customer supplied artwork, proofs, photography or typographical design components the customer takes sole responsibility for the supplied components’ accuracy and technical suitability for purposes of completing the contract. Where MWS determines that any customer supplied design component is, for any reason, unsuitable for its contracted purpose MWS may recreate it at the expense of the customer.

2.9 Where the customer requests alterations to any wallpaper or wall art products specification alterations to suit the revised specifications will be undertaken by My Wall Space as a variation to the contract. Contract variations requested or mandated by the customer of any third party will incur additional My Wall Space design costs.

2.10 Specifications, Artist impressions and design renderings created for the purpose of illustrating how proposed wall art and wallpaper, feature walls, wall murals or other visuals may appear in-situ and for any purposes are not to be considered either accurate or permissible under the terms of the contract. All of the above remain the property of My Wall Space, All Intellectual Property Rights Reserved

2.11 My Wall Space designs and proofs are two dimensional and presented on a flat surface to be viewed by the customer at a relatively small size. On curved and uneven surfaces MWS at their own discretion may make minor adjustments to optimise readability or alignment.

2.12 Colour representation: Every effort is made to reproduce colours accurately, matching as closely as we can to your image supplied, as viewed on a colour calibrated monitor. In accepting our Terms and Conditions our customers take on the understanding that discrepancies can occur when viewing images on un-calibrated monitors. The colour representation can differ from one monitor to another as can viewing the same image on your camera LCD monitor or a print.

2.13 Image representation; When purchase or licence our artwork from artists and agencies and every effort is made to offer the very highest quality art in terms of image vibrancy, pixel resolution. Some images on the website have been specifically cropped or amended to suit the sizes available or die to limitations in the image size and shape. Note that all art is sold as seen on the website, the examples represent how the art will look like, if a customer orders a framed print, then the art will still look the same as the canvas print example but with the mat and frame around it.

2.14 All My Wall Space quotations and online shop prices exclude the following unless expressly stated and agreed in writing:


(i) Transportation of equipment, goods and MWS personnel to and from the installation premises


(ii) Packing the goods for transportation to the customers installation premises


(iii) Crating


(iv) Insurance of the goods or any hire equipment whilst in transit storage or at the customers premises.


(v) Delivery


(vi) Power supply; fees and charges associated with the power supply or connection of power supply.


(vii) Any fees and charges associated with traffic control or third party property access to site.


(viii) Any required special permits or engineer calculations including Dial Before You Dig locator service.

2.13 Any estimate or quotation is given by My Wall Space on the basis that no contract will come into existence until MWS dispatches an acknowledgement of order (whether in writing or by phone by an authorised representative of MWS to the Customer.

3. Orders and specifications

3.1 No order submitted by the customer shall be deemed to be accepted by My Wall Space unless and until confirmed in writing by My Wall Space authorised representative or stipulated in the sites checkout which full payment is required before production starts for all online orders.

3.2 The customer shall be responsible to My Wall Space for ensuring the accuracy of the terms of any order (including any applicable specification) which the customer is responsible for ensuring is submitted by the customer, and for giving MWS any necessary information relating to the goods or installation within a sufficient time to enable MWS to perform the contract in accordance with its terms. Where artwork proofs are submitted to the customer for the customer’s approval, MWS shall incur no liability for errors which should reasonably be identified by the customer which are not so identified.

3.3 The quantity, quality and description of and any specification shall be those set out in My Wall Space estimate (if accepted by the customer) or the customer’s order (if accepted by BBW). Unless confirmed in writing by Black Blue White, all specifications, drawings and particulars of weights, dimensions and performance issued by MWS are approximate only and MWS gives no warranty or representation that the goods will conform to such specification.

3.4 If the goods are to be manufactured or any process is to be applied to the goods in accordance with a specification submitted by the customer, the customer warrants to MWS that the intellectual property rights in such specification belong to the customer or that the customer is licensed or otherwise authorised to use such specification by the actual owner.

3.4.1 Copyright in all artistic and literary works authored by My Wall Space shall remain the property of MWS unless there is a written agreement with the customer to the contrary.

3.4.2 The customer shall indemnify My Wall Space on demand against all loss, damages, costs and expenses awarded against or incurred by MWS in connection with or paid or agreed to be paid by MWS in settlement of any claim arising out of:-

(i) infringement of any patent, copyright, design, trade mark or other industrial or intellectual property rights of any other person which results from MWS’s use of the customer’s specification; and/or

(ii) any impracticality, inefficiency or lack of safety or other defect in the goods where such defect is due (whether in whole or in part) to faults or omissions in information, concepts, drawings, designs, instructions, or specifications of the customer or concepts, drawings, designs and specifications created or sold by My Wall Space and approved by the customer.

3.5 My Wall Space reserves the right to make any changes in the specification of the goods which are (in MWS’s opinion) required to conform to any applicable statutory or wallpaper or wall art compliance requirements or, where the goods and/or hire equipment are to be supplied to MWS specification that does not materially affect their quality or performance.

3.6 No order which has been accepted by My Wall Space may be cancelled by the customer except with the agreement in writing of MWS’s and on terms that the customer shall indemnify My Wall Space in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by My Wall Space as a result of cancellation.

3.7 My Wall Space shall not be required to process any order which in its opinion is or may be of an illegal or defamatory nature and the customer shall indemnify MWS on demand against any loss, damages, costs and expenses awarded against or incurred by My Wall Space in connection therewith.

3.8 The customer hereby gives such consent and permission to My Wall Space as may be required to enable MWS to use copies of the goods supplied to the customer for the purposes of MWS own marketing requirements, including consenting to the reproduction of any wallpaper and wall art, name, logo, trademark or other intellectual property right included in the goods. This is without prejudice to My Wall Space other rights under these conditions.

4. Price of the goods

4.1 Unless otherwise agreed between the parties in writing the price of the goods (“the price”) shall be My Wall Space quoted price or online price or, where no price has been quoted (or a quoted price is no longer valid), the price listed in MWS’s price list current at the date of acceptance of the order. All prices quoted are valid for 30 days only (or until earlier acceptance by the customer or earlier withdrawal by MWS before the customer’s acceptance), after which time they may be altered by MWS without giving notice to the customer.
Where installation is to occur the price for such installation shall (in the absence of manifest error) be included in the price quoted for the goods or My Wall Space separate list price for the installation.

4.2 My Wall Space reserves the right, by giving notice to the customer at any time before delivery, to increase the price to reflect any increase in the cost to My Wall Space which is due to any factor beyond the control of MWS (such as, without limitation, any foreign exchange fluctuation, currency regulation, alteration of duties, significant increase in the costs of labour, materials or other costs of manufacture), any change in delivery costs, dates, locations quantities or specifications for the goods which is requested by the customer, or any delay caused by any instructions of the customer or failure of the customer to give MWS adequate information or instructions.

4.3 Except as otherwise stated under the terms of any quotation or in any price list of MWS, and unless otherwise agreed in writing between the customer and MWS, all prices are given by My Wall Space on an ex works basis, and where MWS agrees to deliver the goods otherwise than at My Wall Space premises, the customer shall be liable to pay MWS charges for transport, packaging and insurance.
4.4 Unless specifically stated all prices are exclusive of any applicable Goods and Services Tax (GST), which the customer shall be additionally liable to pay to My Wall Space.

5. Terms of payment

5.1 For new or existing customers or when a quotation/contract price is $300 or less, My Wall Space reserves the right to require that a sum equal to the price be paid in advance by the customer on commencement of the contract unless otherwise agreed in writing by an authorised representative of My Wall Space. If the price is $300 or more, an advance payment representing 50% of the price is required upon acceptance of the customer’s order and before the commencement of any work or services by My Wall Space. All orders purchased in the shop online business model are to be paid in full before any production of the customer orders can commence.
Any monies agreed to be paid by the customer to My Wall Space on account of any price or fee payable under the contract prior to the commencement of the contract, or prior to delivery of the goods, the sum paid may be applied by My Wall Space against any invoice rendered by My Wall Space under the contract in My Wall Space discretion, not necessarily in chronological order of invoice rendered.
The deposit sum will not be refunded to the customer. In cases of a fault, a repair will be offered to the customer and remaining moneys due and payable by the customer to be paid in full after the fault repairs have been completed. My Wall Space may also apply such sum to any other amount owing to My Wall Space by the customer whether under the contract or otherwise.

5.2 Subject to any special terms agreed in writing between the customer and My Wall Space, MWS shall be entitled to invoice the customer for the price (or where an advance payment on account of the price has been paid, the balance of the price) on or at any time after delivery of the goods, unless the goods are to be collected by the customer or the customer wrongfully fails to take delivery of the goods, in which event My Wall Space shall be entitled to invoice the customer for the price at any time after My Wall Space has notified the customer that the goods are ready for collection or (as the case may be) MWS has tendered delivery of the goods. MWS reserves the right to submit interim invoices if, in My Wall Space discretion, the circumstances in respect of a particular order mean that it would be unreasonable for MWS to await invoicing at the time of delivery or when notifying the customer that the goods are available for collection or otherwise.

5.3 The customer shall pay the price (or where an advance payment on account of the price has been paid, the balance of the price) due under the contract (less any discount to which the customer is entitled, but without any other set off deduction, counterclaim, abatement or otherwise) within 7 business days of the receipted date of My Wall Space invoice, and MWS shall be entitled to recover the price, notwithstanding that delivery may not have taken place and the property in the goods has not passed to the customer.
The time of payment of the price shall be of the essence of the contract. Receipts for payment will be issued only upon request.
No payment shall be deemed to have been received by My Wall Space until MWS has received cleared funds.

5.4 Where My Wall Space agree in writing with the customer to any rebate or reduction on the fees or price payable under the contract in return for the customer paying invoices rendered by MWS within agreed timescales, where such timescales are not adhered to by the customer, My Wall Space shall be entitled to withdraw any such rebate or reduction arrangement without notice to the customer and the customer shall pay the full amount of the relevant invoice as increased to take into account the loss of the agreed rebate or reduction, with My Wall Space having the benefit of such other rights set out in these conditions (including the right to charge interest) in respect of any sum so unpaid by the customer.

5.5 If the customer fails to make any payment in full on the relevant due date then, without prejudice to any other right or remedy available to MWS, My Wall Space shall be entitled to:

5.5.1 Cancel the contract or suspend any further deliveries or services (including installation if relevant) to the customer;

5.5.2 The immediate payment of all payments outstanding in respect of the goods and of any other goods, works or services provided by My Wall Space to the customer under any other contract notwithstanding the fact that the date for payment may not yet have fallen due;

5.5.3 Appropriate any payment made by the customer to such of the goods, and/or installation (or the goods supplied under any other contract between the customer and MWS) as My Wall Space may think fit (notwithstanding any purported appropriation by the customer);

5.5.4 Charge the customer interest (both before and after any judgement) on the amount unpaid, at the rate of 5 per cent per annum above The Commonwealth Bank of Australia’s base rate at the time, until payment in full is made (a part of a month being treated as a full month for the purpose of calculating interest). My Wall Space reserves the right to claim interest under the Late Payment of Commercial Debts (Interest) Bill 2003; and

5.5.5 Charge the customer the cost of recovery of any unpaid amount including any legal costs, debt recovery fees, disbursements and bank charges incurred.

5.6 My Wall Space reserves the right (in its entire discretion) at any time by notice in writing to the customer to set off any monies owed by My Wall Space to the customer against any monies owed to My Wall Space by the Customer under the contract.

6. Risk and property

6.1 Risk of damage to or loss of the goods shall pass to the customer:

6.1.1 In the case of goods to be delivered at My Wall Space premises, at the time when MWS notifies the customer that the goods are available for collection; or

6.1.2 In the case of goods to be delivered otherwise than at MWS premises, at the time of delivery or, if the customer wrongfully fails to take delivery of the goods, the time when My Wall Space has tendered delivery of the goods. Where title/property in the goods has not passed to the customer but risk has passed to the customer, the customer shall ensure that the goods are adequately insured with a reputable insurer and that My Wall Space interest in the goods is noted on the said insurance policy.

6.2 Notwithstanding delivery and the passing of risk in the goods, or any other provision of these conditions, the property in the goods shall not pass to the customer until My Wall Space has received in cash or cleared funds payment in full of the price of the goods and all other goods agreed to be sold by My Wall Space to the customer for which payment is then due.

6.3 Until such time as the property in the goods passes to the customer, the Customer shall hold the goods as My Wall Space fiduciary agent and bailee, and shall keep the goods separate from those of the customer and third parties and properly stored, protected and insured and identified as MWS’s property, but shall be entitled to resell or use the goods in the ordinary course of its business.

6.4 Until such time as the property in the goods passes to the customer (and provided the goods are still in existence and have not been resold), MWS shall be entitled at any time to require the customer to deliver up the goods to MWS and, if the customer fails to do so forthwith, to enter upon any premises of the customer or any third party where the goods are stored and repossess the goods.

6.5 The customer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the goods which remain the property of My Wall Space, but if the customer does so all moneys owing by the customer to My Wall Space shall (without prejudice to any other right or remedy of MWS) forthwith become due and payable.

6.6 The customer’s right to possession of the goods prior to payment of all sums due to My Wall Space in full shall terminate immediately if:

6.6.1 The customer has a bankruptcy order made against the customer or makes an arrangement or composition with its creditors, or otherwise takes the benefit of any Act for the time being in force for the relief of insolvent debtors, or (being a body corporate) convenes a meeting of creditors (whether formal or informal), or enters into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or has a receiver and/or manager, administrator or administrative receiver appointed of its undertaking or any part thereof, or a resolution is passed or a petition presented to the court for the winding up of the customer or for the granting of an administration order in respect of the customer, or any proceedings are commenced relating to the insolvency or possible insolvency of the customer; or

6.6.2 The customer suffers or allows an execution, whether legal or equitable, to be levied on its property or obtained against it, or fails to observe/perform any of its obligations under the contract or any other contract between My Wall Space and the customer, or is unable to pay its debts within the meaning of the Insolvency Law Reform Act 2016 or the customer ceases to trade; or

6.6.3 The customer encumbers pledges or in any way charges any of the goods.

6.7 The customer grants My Wall Space, its agents and employees an irrevocable license at any time to enter any premises where the goods are or may be stored in order to inspect them, or, where the customer’s right to possession and/or power of sale has terminated, to recover them in either of which case the customer shall place the goods at the disposal of My Wall Space.

7. Warranties and liability

7.1 Subject to the conditions set out below My Wall Space warrants that the goods will be free from defects in material and workmanship for a period where Black Blue White manufactured the goods at their premises / workshop, or 12 months from delivery. Any components supplied by external companies, business or sub-contractors appointed by My Wall Space, (examples; fabrication, laser cutting, CNC machined, painting, vinyl application or installation) the warranty period will be void and My Wall Space will not be liable for any defects in materials, workmanship or installation. We don’t accept responsibility for faults or defects arises during or after the wallpaper or wall art installation process done by others (meaning not installed by My Wall Space Australia Pty Ltd). For the best results, we recommend professional wallpaper and wall art installation. If you choose to install the product yourself (DIY), please note that you do so at your own risk.
In all other cases, My Wall Space shall endeavour to pass on to the customer such manufacturer’s warranty or guarantees as may be afforded to My Wall Space (and is capable of being passed on to the customer (without involving MWS paying any extra premium or fee to any party) by the manufacturer or supplier of the goods to MWS when such items were purchased by My Wall Space itself.

7.2 The above warranty is given by My Wall Space subject to the following conditions:

7.2.1 For the avoidance of doubt, the warranty does not apply to the installation of any products or goods.

7.2.2 My Wall Space shall be under no liability in respect of any defect in the goods arising from any information, drawing, design, instruction or specification supplied by the customer or materials and adhesives specified in writing, concepts and drawings supplied by My Wall Space Australia Pty Ltd where these materials and adhesives are not suitable for areas of frequent climate changes in weather; example Toowoomba Qld.

7.2.3 My Wall Space shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow MWS instructions (whether oral or in writing), improper installation (other than by MWS) misuse or alteration or repair of the goods without MWS’s approval;

7.2.4 My Wall Space shall be under no liability under the above warranty (or any other warranty, condition or guarantee) if the total price for the goods (and/or the installation) has not been paid by the due date for payment or if the customer is otherwise in breach of this contract or any other contract with My Wall Space Australia Pty Ltd;
7.2.5 The above warranty does not extend to parts, materials or equipment not manufactured by My Wall Space, in respect of which the customer shall only be entitled to the benefit of any such warranty or guarantee as is given by the manufacturer to My Wall Space; and

7.2.6 The warranty shall be invalidated if the customer attempts to effect repairs to the goods itself or through a third party during the warranty period.

7.3 Subject as expressly provided in these conditions, and except where the goods are sold to a person dealing as a consumer (within the meaning of the Australian Competition & Consumer Commission’s Unfair Contract Terms), all warranties, conditions or other terms implied by statute or common law are excluded in the contract to the fullest extent permitted by law.

7.4 My Wall Space shall not be liable to the customer by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the contract, for any indirect, special or consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of My Wall Space, its employees or agents or sub-contractors or otherwise) which arise out of or in connection with the supply of the goods or their use or resale by the customer the installation, and the entire liability of My Wall Space under or in connection with the contract shall not exceed 125% of the price payable under the contract, except as expressly provided in these conditions.

7.5 My Wall Space shall not be liable to the customer or be deemed to be in breach of the contract by reason of any delay in performing, or any failure to perform, any of My Wall Space obligations in relation to the contract, if the delay or failure was due to any cause beyond MWS’s reasonable control and such failure or delay shall entitle either party to terminate the contract if it persists for more than three months but the customer shall remain liable to pay the price under the contract in respect of items delivered prior to the date of such cancellation.
Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond My Wall Space reasonable control:

7.6.1 Act of God, explosion, flood, tempest, fire or accident;

7.6.2 War or threat of war, sabotage, insurrection, civil disturbance or requisition;

7.6.3 Treaties, directives, acts, restrictions, regulations, by-laws, prohibitions or measures of any kind on the part of any Commonwealth, State or Territory governmental or local authority or other body or competent authority;

7.6.4 Strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of Black Blue white or of a third party);

7.6.5 Difficulties in obtaining raw materials, labour, fuel, parts or machinery; and/or

7.6.6 Power failure or breakdown in machinery;

7.6.7 Import or export regulations or embargoes.

7.7 Notwithstanding the other provisions of this Clause 7, My Wall Space may in its entire discretion once notice of any defect or fault in the goods has been notified in writing to MWS and accepted by My Wall Space, elect to repair and/or replace the goods and if so, the replacement of the goods shall be the full extent of My Wall Space liability to the customer under the contract. If the goods are unavailable or not in stock, and the replacement option is elected by MWS, My Wall Space may provide an identical or close replacement to the goods even if made by a different manufacturer.

7.8 Nothing in this Clause 8 shall restrict My Wall Space liability for death or personal injury caused by My Wall Space negligence or fraudulent misrepresentation.

7.9 Without prejudice to the other rights of My Wall Space under the contract, any claim made against My Wall Space under the contract must be brought within 3 months of the date on which the cause of action on the party of the customer arose.

7.10 Where applicable, the limitations of My Wall Space liability set out in this Clause 7 and elsewhere in these conditions apply mutatis mutandis to any liability of My Wall Space under the contract in respect of the installation.

8. Indemnity

8.1 It is the customer’s responsibility to ensure that the goods do not infringe or that their use or resale does not infringe the patent copyright design trademark or other industrial or intellectual property rights of any other person and the customer shall indemnify My Wall Space Australia Pty Ltd against all loss, damages, costs and expenses awarded against or incurred by My Wall Space in connection with any claim paid or agreed to be paid by My Wall Space in settlement of any claim.

9. Installation

9.1 Installation at a fixed site

9.2 Where installation is required pursuant to the contract, My Wall Space shall install the goods on the terms and conditions set out in this Clause and the contract generally.

9.3 My Wall Space is not responsible for any delay in installation directly or indirectly arising out of the actions or omissions of the customer (including any employee, officer or contractor of the customer) or any third party.

9.4 The customer shall: –
9.4.1 Make any necessary agreement with relevant regulatory, governmental or other authorities or other relevant third parties and obtain any consent or authorisation required in respect of the installation;

9.4.2 Provide any information My Wall Space may reasonably require in connection with the installation;

9.4.3 Pay for any relevant approval or permission;

9.4.4 Meet the requirements of any of these authorities at all times to maintain their approval;

9.4.5 Tell My Wall Space if any information the customer has given to My Wall Space changes; and

9.4.6 If any approval, consent or authorisation is amended or ends, the customer must advise My Wall Space in writing as soon as the customer learns of any amened or terminated approval, consent or authorisation.

9.5 The customer must during installation: –

9.5.1 Give My Wall Space access to the premises so that MWS may perform the installation and provide all such assistance as may be reasonably requested by My Wall Space promptly and without cost to My Wall Space. The customer shall move any materials, and other objects obstructing or preventing installation in advance of the agreed installation date; Any objects obstructing or preventing the installation that need to be removed before or during the installation period will be charged accordingly to the customer;

9.5.2 Use best efforts to make sure that the premises and any equipment provided are safe and without risk for My Wall Space employees, contactors and agents. The customer must tell the My Wall Space the location of any concealed pipes and wires which may affect the installation and about any known risks and any hazardous materials at the premises, provided that My Wall Space may decline to carry out the installation if it considers that the installation in accordance with the customer’s instructions nevertheless presents a risk to My Wall Space employees, contractors and agents (without prejudice to any remedy that My Wall Space may have in this regard).

9.5.3 The customer warrants that they have unencumbered title to any materials (such as old signs) to be removed from any location at which goods are delivered or to be installed, and that the customer is properly authorised to dispose of them without the consent of any third party. The customer also warrants that said materials are safe to remove, that are not contaminated or contain dangerous components.

9.5.4 Provide information about the customer, the premises and any other relevant information so that My Wall Space can perform the installation. The customer must write to MWS to tell them of any changes to this information;

9.5.5 Ensure that My Wall Space staff and contractors have adequate welfare facilities (toilet and washing facilities).

9.6 References in these conditions to the goods shall (unless the contract otherwise requires and include where relevant and applicable) reference to the installation and the relevant provisions of the Agreement shall accordingly apply once the necessary changes having been made to the installation.

11. Contract termination

11.1 This clause applies if:

11.1.1 The customer makes any voluntary arrangement with its creditors or (being an individual or firm) becomes bankrupt or (being a company) becomes subject to an administration order or goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction); or

11.1.2 An encumbrancer takes possession, or a receiver is appointed, of any of the property or assets of the customer; or

11.2.1.3 The customer ceases, or threatens to cease, to carry on business; or

11.1.4 My Wall Space reasonably understand or perceives that any of the events mentioned above is about to occur in relation to the customer and notifies the customer accordingly.

11.1.5 The customer is in breach of the provisions of the contract and fails to remedy the same (if capable of remedy) within 7 Business days of My Wall Space notifying the customer of such breach.

11.2 If this clause applies then, without prejudice to any other right or remedy available to MWS, My Wall Space shall be entitled to cancel the contract or suspend any further deliveries under the contract without any liability to the customer, and if the price has not been paid for, the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.

12. General

12.1 Any notice required or permitted to be given by either party to the other under these conditions shall be in writing addressed to that other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.

12.2 No waiver by My Wall Space of any breach of the contract by the customer shall be considered as a waiver of any subsequent breach of the same or any other provision.

12.3 If any provision of these conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these conditions and the remainder of the provision in question shall not be affected.

12.4 Each right or remedy of My Wall Space under the contract is without prejudice to any other right or remedy of My Wall Space whether under the contract or not.

12.5 Failure or delay by My Wall Space in enforcing or partially enforcing any provision of the contract will not be construed as a waiver of any of its rights under the contract and any waiver by My Wall Space of any breach of, or any default under any provision of the contract by the customer will not be deemed a waiver of any subsequent breach or default and will in no way affect the other terms of the contract.

12.6 The contract and any documents referred to in it constitute the entire agreement between the parties.

12.7 The customer must keep confidential and must not (without My Wall Space’s written consent) use any ideas, concepts, drawings, designs, artwork, systems or processes communicated or made available by My Wall Space to the customer.

12.8 All electronic media (other than the media supplied by the customer) used by My Wall Space to store data for the purposes of completing the contract remain the sole property of MWS. The customer cannot require MWS to supply to the customer any such data. My Wall Space may charge the customer for supplying such data where it chooses to supply such data to the customer.

12.9 My Wall Space may assign and/or subcontract the contract or any part of it to any person, firm or company. The customer shall not be entitled to assign the contract or any party of it without the prior written consent of My Wall Space Australia Pty Ltd.

12.10 A person who is not a party to the contract or any other contract between My Wall Space Australia Pty Ltd and the customer shall have no rights under the contracts (Privity of Contract) to enforce any of its terms. Any rescission, variation, amendment or waiver to or of this contract or any other contract between My Wall Space and the customer shall not require the consent or approval of any person who is not a party to such a contract.

12.11 Words in the singular include the plural and, in the plural, include the singular. A reference to a particular law is a reference to it as it is in force for the time being taking account of any amendment, extension, application or re-enactment and includes any subordinate legislation for the time being in force made under it.

12.12 The contract shall be governed by and construed in accordance with the laws of Queensland and the customer agrees to submit to the exclusive jurisdiction of the Australian courts and all court issues and hearings would take place in the derestriction of the City of Ipswich Queensland or City of Brisbane Queensland.