1.0 Interpretation - In these conditions:       ​

1. “Blueforce” means Blue Force Pty Ltd (ACN 101 791 897) and any person acting on its behalf and with its authority.  

2. “Buyer” means the purchaser of the Goods and/or Services.              

3. “Goods” means the materials, equipment and products provided or to be provided to the Buyer by Blueforce as listed on the Quotation or any written variation thereto;

4. “Quotation” means a written quotation from Blueforce for the supply of Goods and/or Services to the Buyer;        

5. “Practical Completion” means the Goods and/or Services provided by Blueforce have payable net and payment of the amount plus GST is due on the day of delivery of the reached the stage where they have been completed, except for minor omissions.

6. “Price” means the Price payable (plus any GST) for the Goods and/or Services as agreed between the parties.

7. “Services” means the services provided or to be provided to the Buyer as listed by Blueforce on the Quotation or any variation thereto;

8. “Variation” means Goods and Services provided by Blueforce to the Buyer that do not form part of the Goods and Services in the Quotation.           

9. “Work Site” means the location for delivery and/or installation as specified on the Quotation or as agreed between Blueforce and the Buyer in writing.             

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2.0 Terms

 1. The Goods and/or Services are sold on the terms and conditions herein. These terms and conditions attach to each and every supply of Goods and/or Services by Blueforce to the Buyer.             

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3.0 Quotations

1.  Unless previously withdrawn, any Quotation is open for acceptance within 14 days of the date of stated on the Quotation or, when no period is so stated, within 30 days after its date.

2. Blueforce reserves the right to refuse for any reason any order based on the Quotation within 7 days after the receipt of the same. All Quotations are based on the delivery and installation of Goods during the hours of 8:00am and 5:00pm Monday to Friday and specifically exclusive of public holidays.

3. Unless otherwise stated all prices quoted by Blueforce are net, exclusive of Goods and Services Tax (GST).

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4.0 Acceptance

1.  Full payment or part payment, placing an order for any Goods or Services, providing instructions to Blueforce in relation to the supply, receipt of, use of and verbal or written agreement to accept the Goods and/or Services shall all constitute acceptance of the terms and conditions herein, whether or not the Buyer acknowledges or signs these terms and conditions.  

 

5.0 Deposit

1.  Blueforce may request that the Buyer pays a deposit before undertaking any work, supplying any Good or providing any Services. If a deposit is requested by Blueforce, Blueforce is under no obligation to undertake any work until the deposit is received in full by Blueforce and when all details pertaining to contract are finalised.

2. If the Buyer cancels and order or terminates the contract (where permitted) before delivery or installation, Blue Force may retain from the deposit only the amount reasonably necessary to cover:

3. Goods that Blueforce has already ordered or committed to order from third party suppliers for the purpose of fulfilling the Buyer’s order, where the order for those goods is not reasonably capable of being cancelled or the goods returned;

4. Reasonable labour costs and associated costs of work already completed;

5. Reasonable third party costs actually incurred (including subcontractor mobilisation).

6. Blueforce will, on reasonable request, provide supporting information for costs claimed under this clause.

7. Blueforce will refund any remaining balance of the deposit after deducting the amounts permitted by clause 5.2.

 

6.0 Defects, Warranties, and Returns and Competition and Consumer Act 2010 (“CCA”)

1. The Buyer must inspect all Goods on receipt, and Services on completion, and must within five days of delivery or performance notify Blueforce in writing of any evident defect/damage, shortage in quantity, or failure to comply with a description or quote. The Buyer must notify any other alleged defect in Goods/Services as soon as reasonably possible after any such defect becomes evident. Upon receiving a notice under this clause, the Buyer must allow Blueforce a reasonable opportunity to inspect the Goods or review the Services as applicable.

2. 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).Nothing in these Terms and Conditions excludes, restricts or modifies any Non-Excluded Guarantees, or any liability which cannot lawfully be excluded or limited.

3. If Blueforce is required to rectify, re‑supply or pay the cost of re‑supplying the Goods or Services but is unable to do so, Blueforce may refund the amount paid for the affected Goods or Services, less a reasonable amount to reflect the value of any non‑defective Goods or Services already supplied.

4. If the Buyer is not a consumer within the meaning of the CCA, then to the extent permitted by law, Blueforce’s liability for any defect or damage in the Goods or Services is limited at Blueforce’s option to:

   1. the value of any express warranty provided to the Buyer by Blueforce;

   2. the benefit of a manufacturer’s warranty to which Blueforce is entitled, if Blueforce did not manufacture the Goods;

5. If the Buyer is a consumer within the meaning of the CCA, and Goods or Services fail to comply with a Non-Excluded Guarantee, Blueforce’s liability is limited (to the extent permissible at law) to:

   1. the replacement of the Goods or the supply of equivalent goods;

   2. the repair of the Goods;

   3. the payment of the cost of replacing the Goods or of acquiring equivalent goods;

   4. the payment of the cost of having the Goods repaired;

   5. resupplying the Services.

6. If Blueforce is required to replace or resupply any Goods or Services under this clause or the CCA, but is unable to do so, the Contractor may refund any money the Buyer has paid for the same.

7. If Blueforce is required to rectify, re-supply, or pay the cost of re-supplying the Goods or Services under this clause or the CCA, but is unable to do so, then Blueforce may refund any money the Buyer has paid for the Goods or Services but only to the extent that such refund shall take into account the value of the Goods and Services which have been provided to the Buyer which were not defective.

8. Subject to this clause 6 and the CCA, returns will only be accepted provided that:

   1. the Buyer has complied with the provisions of clause 6.1; and

   2. Blueforce has agreed that the Goods are defective or otherwise returnable; and

   3. The Goods are returned within a reasonable time at the Buyer’s cost (if that cost is not significant) in as close a condition to that in which they were delivered as is possible.

9. Notwithstanding clauses 6.1 to 6.8 but subject to the CCA, Blueforce shall not be liable for any defect or damage which may be caused or partly caused by or arise as a result of:

   1. failure to properly maintain, store or use the Goods in accordance with instructions

   2. use of the Goods for a purpose other than that for which they were designed

   3. continued use of Goods after a defect becomes apparent or should reasonably have become apparent;

   4. failure to follow Blueforce’s reasonable instructions or guidelines; or

   5. fair wear and tear, accident or act of God.

10. Blueforce may in its absolute discretion accept non-defective Materials for return in which case the Blueforce may require the Buyer to pay handling fees of up to twenty percent (20%) of the value of the returned Goods plus any reasonable freight costs.

11. Notwithstanding anything contained in this clause, if Blueforce is required by a law to accept a return then Blueforce will only accept a return on the conditions imposed by that law.

 

7.0 Cancellation by Blueforce

1.  Blueforce may cancel or suspend the supply of the affected Goods and/or Services by providing  written notice to the Buyer if:

   1. it becomes unlawful to supply the Goods or Services;

   2. a Force Majeure Event continues for more than 60 days;

   3. the Buyer fails to pay an undisputed invoice within 14 days after written notice of non‑payment;

   4. the Buyer’s acts or omissions create a material safety risk at the Work Site which is not remedied within a reasonable time after notice; or

   5. a Variation is reasonably required in accordance with clause 14, the Buyer does not approve the proposed Variation, and Blueforce cannot reasonably proceed with supply of the affected Goods and/or Services without the Variation.

2. If cancellation occurs under clauses 7.1(a) or 7.1(b), Blueforce will refund amounts paid for Goods or Services not supplied, less reasonable and evidenced costs already incurred, and will not be liable for indirect or consequential loss.

3. Any cancellation or suspension under this clause is without prejudice to any rights accrued prior to cancellation.

 

8.0 Cancellation by the Buyer

1.  No order for Goods and/or Services may be cancelled by the Buyer except:

   1. with Blueforce’s written consent or as expressly permitted under these Terms or applicable law; or

   2. where a Force Majeure Event continues for more than 60 days.

2. Where cancellation is permitted, clause 5 (Deposit) applies to the adjustment and refund of any deposit

 

9.0 Drawings/Specifications

1.  All specifications, drawings, and particulars submitted by Blueforce are provided as estimates only and are approximate in nature. Minor or immaterial deviations do not vitiate the contract or give rise to a claim, provided that the Goods and/or Services substantially comply with the agreed Quotation and any applicable Non-Excluded Guarantees.​

2. The descriptions, illustrations and performances contained in catalogues, price lists and other advertising material are provided for general information only and do not form part of these terms or the contractual description of the Goods and or Services, unless expressly incorporated.

 

10.0 Delivery

1.  Any delivery times made known to the Buyer are estimates only and Blueforce is not liable for loss, damage or delay arising from late delivery or non-delivery or late installation or non-installation of the Goods and/or Services to the extent that the delay or failure is caused by circumstances outside Blueforce’s reasonable control.

2. Blueforce may at its option provide the Goods and or Services to the Buyer in any number of instalments. If Blueforce delivers any Goods or Services by instalments, and any one of those instalments is defective for any reason, then it is not a repudiation of the whole of the order and the defective instalment is a severable breach that gives rise only to a claim for compensation and/or to the value of the Goods and/or Services.

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11.0 Work Site

1.  The Buyer shall ensure that the Work Site is safe and clear of any hazards to enable Blueforce to supply the Goods and/or Services.

2. If Blueforce encounters site access restrictions, safety issues, latent conditions or obstructions at the Work Site that:

   1. were not reasonably apparent at the time of the Quotation; and

   2. are outside Blueforce’s reasonable control

   3. Then any resulting delay, additional work or costs will be dealt with as a Variation in accordance with clause 14.

3. Blueforce is not liable for an loss or damage caused in accessing the Work Site to the extent that the loss or damage arises from:

   1. site conditions not reasonably disclosed or apparent at the time of the Quotation;

   2. the Buyer’s failure to comply with work site clause 1;

   3. circumstances outside of Blueforce’s control.

4. Where Goods are to be installed by Blueforce:

   1. if, for any reason outside Blueforce’s reasonable control, the Goods are unable to be installed at the time of delivery, the Buyer must provide secure, safe and reasonable storage for the Goods at the Work Site at the Buyer’s risk (excluding loss caused by Blueforce’s negligence);

   2. where Blueforce is to provide Services at the Work Site, the Buyer must provide all required 240‑volt AC GPO outlets terminating at the electronic equipment, as reasonably required by Blueforce.

5. Where Blueforce is required to install the Goods, the Buyer warrants that the structure of the premises in or upon which the Goods are to installed is sound and will sustain the installation and work incidental thereto, and Blueforce shall not be liable for any claims, demands, losses, damages, costs and expenses howsoever caused or arising in connection with the installation and work incidental thereto (subject to clause 23 and the Non-Excluded Guarantees).

 

12.0 Force Majeure

1. Blueforce will not be liable for any failure or delay in performing its obligations to the extent that the failure or delay is caused by an event or circumstance beyond Blueforce’s reasonable control (Force Majeure Event), provided that Blueforce has taken reasonable steps to mitigate the impacts of the Force Majeure Event.

2. If a Force Majeure Event continues for a continuous period of more than sixty (60) days, either party may terminate an order for affected Goods and/or Services by giving written notice to the other party in accordance with Clause 7.1 or 8.1.

3. A Force Majeure Event includes, without limitation:

   1. Acts of God, including flood, fire, storm, cyclone, earthquake or other natural disaster;

   2. epidemic, pandemic or public health emergency (including any government response to such event);

   3. war, terrorism, riot, civil disturbance or act of public enemy;

   4. strike, lock-out or other industrial action not limited to Blueforce’s workforce;

   5. failure, interruption or unavailability of utilities, telecommunications networks, internet services or data centres;

   6. interruption or failure of third-party suppliers, subconctractors, monitoring centres or carriers where such interruption is outside Blueforce’s reasonable control;

   7. compliance with any law, direction or order of a government authority;

   8. delays caused by access restrictions, safety issues or conditions at the Work Site outside Blueforce’s reasonable control; or

   9. any other event of a similar nature beyond Blueforce's reasonable control.

 

13.0 Payment

 

1. Time for payment being of the essence, the Price shall be payable by the Buyer on the date’s determined by Blueforce which may be:

   1. On delivery of the Goods or performance of the Services;

   2. By way of instalment; or

   3. The date which shall be fourteen (14) days following the date of any invoice given to the Buyer.

2. Payment may be made by cash, cheque, electronic funds transfer, credit card (a surcharge may apply depending on your financial institution), direct debit, or by any other method agreed between the parties.

3. Should the Buyer wish to make payment via direct debit, the Buyer must sign and provide to Blueforce a copy of the direct debit authorisation form attached to these Terms and Conditions.

4. If the Buyer disputes an invoice (in whole or in part), the Buyer must notify Blueforce in writing within ten (10) business days of the invoice date, identifying the amount, reasons and available supporting information.

5. The Buyer must pay the undisputed portion of the invoice by the due date.

6. Any invoice dispute properly notified under clause 13.4 will be dealt with in accordance with the dispute resolution mechanism set out in clause 26.

7. Except for the disputed portion notified under clause 13.4, the Buyer must not withhold, set‑off or deduct any amount without Blueforce’s written agreement or a final determination.

8. Unless otherwise stated, the Price does not include GST. In addition to the Price, the Buyer must pay to Blueforce an amount equal to any GST Blueforce must pay for any supply by Blueforce under these Terms and Conditions. The applicable amount for GST payable by the Buyer will be included on any relevant tax invoice.

9. Blueforce may at any time set off amounts owed by Blueforce to the Buyer from any money owing by the Buyer to Blueforce

 

14.0 Variation

1. A “Variation” is any change to the scope, specification, design, Work Site conditions, timing or requirements that:

   1. is requested by the Buyer; or

   2. is required due to circumstances not reasonably apparent at the time of Quotation and outside Blueforce’s reasonable control.

2. Before carrying out a Variation (except an Urgent Variation under clause 14.6), Blueforce must give the Buyer written notice describing:

   1. the nature of the Variation and the reasons;

   2. the price impact and method of calculation;

   3. any time impact; and

   4. any reasonable alternatives.

3. A Variation (except for an urgent Variation in accordance with clause 14.6) is not binding unless approved by the Buyer in writing. Silence or delay alone shall not constitute acceptance. Approval or otherwise must be notified to Blue force within 5 business days.

4. If the Buyer does not approve a proposed Variation:

   1. Blueforce is not obliged to perform affected services or provide affected goods to the extent it cannot reasonably proceed without the Variation;

   2. Blueforce may invoice for Goods and Services properly supplied up to that point and any non-cancellable third-party costs reasonably incurred; and

   3. If Blueforce cannot reasonably proceed with the supply of the affected Goods and/or Services without the Variation, Blueforce may suspend or cancel the supply of the affected Goods and/or Services in accordance with clause 7.1

5. Where the price of a Variation cannot be agreed, it will be calculated using applicable rates and fees set out in the Quotation, or if none, reasonable market rates.

6. If urgent unforeseen circumstances arise where delaying work would create a safety risk or risk of material property damage, Blueforce may carry out limited urgent work without prior approval, provided it gives notice as soon as practicable and charges are limited to reasonable costs plus a reasonable margin

 

15.0 Price Adjustment

1. The fees for the Services are as set out in the Quotation, service schedule or order form.

2. Where the Services are provided for a fixed or minimum term of more than twelve (12) months, the Price for those Services may include a pre-agreed annual increase as set out in the Quotation, service schedule or order form.

3. Outside of these pre-agreed increases, Blueforce may adjust the Price for Service no more than once in any twelve (12) month period to reflect CPI movements or demonstrable increases in third-party costs required to provide the Services.

4. Blueforce must give at least thirty (30) days’ written notice of any adjustment, stating the reason and revised Price.

5. If the Buyer does not accept the adjustment, the Buyer may terminate the Services before the adjustment takes effect without early termination fees (other than fees accrued to termination).

 

16.0 Assignment

1. Blueforce may assign, novate or subcontract the whole or any part of its rights and obligations under the Terms and Conditions to a third party, provided that:

   1. The assignment, novation or subcontracting does not materially reduce the Buyer’s rights under these Terms;

   2. The third party is reasonably capable of performing the relevant obligations; and

   3. Blueforce remains responsible for the performance of the Goods and/or Services unless the Buyer has agree in writing to a novation.

2. Blueforce must give the Buyer reasonable written notice of any proposed assignment or novation under this clause 16.

3. The Buyer may assign or novate its rights or obligations under these Terms and Conditions only with Blueforce’s prior written consent, which may be given or withheld where Blueforce is not reasonably satisfied as to the financial standing, technical capability or operational suitability of the proposed assignee or novatee.

 

17.0 Practical Completion

1.  In the event that Goods are to be installed by Blueforce at the Work Site, and in the event that the Buyer seeks to use any part or portion of the Goods prior to completion of the installation, the Buyer must issue Blueforce with a Certificate of Practical Completion for the part or portion of the Goods completed and the defects liability period for that part of portion shall commence from that date.

 

18.0 Default

1.  Interest at the rate of seven per cent (7%) per annum calculated daily will accrue on any undisputed amount payable for the supply of Goods and/or Services that remains unpaid from the date upon which the amount is payable in accordance with these terms until the date the amount and all accrued interest is received as cleared funds by Blueforce.

2. The Buyer must reimburse Blueforce for reasonable costs and expenses actually incurred by Blueforce in enforcing these Terms and Conditions, or recovering an undisputed amount overdue, provided that such costs are reasonably incurred.

 

19.0 Risk

1. Risk of loss or damage to the Goods passes to the Buyer on delivery. Delivery is deemed to occur when the Goods are delivered by Blueforce to the Buyer’s nominated delivery address, whether or not the Buyer or its representative is present at the time of Delivery.

2. If the Buyer requests Blueforce to leave the Goods at an unattended location or otherwise outside the Buyer’s nominated delivery address, the Goods are left at the Buyer’s risk from the time they are left in accordance with that request. Blueforce is not responsible for loss of or damage to the Goods occurring after that time, except to the extent caused by Blueforce’s negligence.

 

20.0 Title

1. Ownership of the Goods does not pass to the Buyer until Blueforce has received payment in full (in cleared funds) of all amounts owing to Blueforce in respect of the Goods.

2. Receipt by Blueforce of any form of payment other than cash does not constitute payment until that payment has been honoured and cleared into Blueforce’s nominated account.

3. Until title in the Goods passes to the Buyer in accordance with clause 20.1:

   1. The Buyer holds the Goods as bailee for Blueforce and must take reasonable care of the goods;

   2. The Buyer may sell the Goods in the ordinary course of business and for market value, provided that the Buyer holds the proceeds of sale on trust for Blueforce to the extent of any amounts owing to Blueforce at the time of sale;

   3. If the Buyer fails to pay an undisputed amount owing by the due date and does not remedy that failure within a reasonable time after receiving written demand, Blueforce may, one reasonable notice and at reasonable times enter the Buyer’s premises (or any premises where the Goods are reasonably believed to be located) to recover possession of the Goods, provided that Blueforce must exercise this right in a reasonable manner and is liable to the Buyer for any damage caused to the premises or its fixtures and fittings by its negligence.

   4. The Buyer must not materially alter, process, or intermix the Goods with other good in a way that makes them no longer readily identifiable, except in the ordinary course of business; and

   5. The Buyer must not grant any security interest, charge or encumbrance over the Goods while they remain the property of Blueforce, other than as permitted by law.

4. Nothing in this clause prevents Blueforce from commencing proceedings to recover the Price of the Goods sold, notwithstanding that ownership of the Goods has not yet passed to the Buyer.

 

21.0 Storage

1. Blueforce may charge the Buyer reasonable storage costs for Goods if the Buyer fails to provide delivery instructions or fails to collect the Goods within fourteen (14) days after receiving a written request from Blueforce to do so. The written request will specify the applicable storage charge or the method of calculation. Storage charges may accrue from the first day after that fourteen (14) day period and will continue until the Goods are collected or delivery instructions are provided.

 

22.0 Personal Property Securities Act 2009 (“PPSA”)

1. In this clause the terms financing statement, financing change statement, security agreement, and security interest have the meanings given to them by the PPSA.

2. The Buyer acknowledges and agrees that these Terms constitute a security agreement for the purposes of the PPSA and create a security interest in the Goods supplied by Blueforce (and any proceeds of those Goods) to secure payment of amounts owing to Blueforce in respect of those Goods.

3. The Buyer must, at its cost:

   1. promptly do all things and provide all information reasonably required by Blueforce to enable Blueforce to register, maintain or amend a financing statement or financing change statement in respect of the security interest; and

   2. reimburse Blueforce for reasonable and properly incurred costs associated with any PPSR registration, amendment or discharge relating to the Goods.

4. While any amount owing to Blueforce in respect of the Goods remains unpaid, the Buyer must not, without Blueforce’s prior written consent (not to be unreasonably withheld):

   1. grant a security interest in the Goods or their proceeds in favour of a third party; or

   2. take any action that would materially prejudice Blueforce’s security interest.

5. To the extent permitted by law, the Buyer waives its right to receive notice under sections 96, 118, 121(4), 130, 132(3)(d), and 132(4) of the PPSA, but only to the extent such waivers relate to the enforcement of Blueforce’s security interest in the Goods.

6. Unless otherwise required by law, the Buyer waives its right to receive a verification statement under section 157 of the PPSA.

7. The Buyer must notify Blueforce at lease fourteen (14) days before it:

   1. changes its name;

   2. changes its place of registration or incorporation; or

   3. changes or applies for any ACN, ABN, ARBN or ARSN.

8. Nothing in this clause is intended to exclude, restrict or modify the operation of the PPSA to the extent that such exclusion, restriction or modification is not permitted by law.

 

23.0 Acknowledgements, Liability and Indemnity

1.  The Buyer acknowledges that:

   1. The Services facilitate notification and escalation to emergency services and do not guarantee emergency response or response time.

   2. The Services depend on telecommunications networks, power supply, device condition and third‑party systems which may be unavailable outside Blueforce’s control.

   3. The Services are not medical advice and are not a substitute for contacting emergency services. Blueforce customers using any form of medical, panic, or security alarm should also attempt to seek further assistance by telephone, dialling triple zero (000), or calling for help;

   4. The Goods are designed to detect a significant fall, subsequent impact, and a period of no movement. While every effort is made to capture the range of falls that can occur, some people will fall in a manner that will not automatically be detected as a fall.

   5. The Goods and Services will not work on any other cellular network than the network that it is established with;

   6. The Goods cannot be taken overseas as they will not work in any other country;

   7. It is the responsibility of the Buyer to maintain, replace and repair any Goods, including charging and changing any batteries when necessary;

2. The Buyer must provide and maintain accurate monitoring instructions and contact details and ensure devices are properly maintained and used in accordance with manufacturers instructions.

3. To the extent permitted by law, neither party is liable for indirect or consequential loss, including loss of profit, revenue or business opportunity.

4. Blueforce is not liable for any loss, injury or damage caused by emergency services or other persons responding to emergency alerts.

5. To the extent permitted by law, Blueforce’s total aggregate liability arising out of or in connection with the Goods and/or Services is limited to the greater of:

   1. the fees paid for the relevant Goods or Services giving rise to the claim; or

   2. the total fees paid paid to Blueforce in the twelve (12) months preceding the event.

6. The limitation in clause 23.5 does not apply to the extent liability cannot legally be limited.

7. The Buyer indemnifies Blueforce against loss to the extent that it arises from or in connection with:

   1. the Buyer’s breach of these Terms;

   2. the Buyer’s misuse of the Goods and Services;

   3. the Buyer’s  provision of inaccurate monitoring instructions or contact details;

   4. the Buyer’s breach of law, or negligence.

8. The indemnity in clause 23.7 does not apply to the extent Loss is caused or contributed to by Blueforce’s negligence, fraud or wilful misconduct.

 

24.0 Jurisdiction

1. This contract for sale of Goods and/or Services is made in the State of Western Australia and the Buyer agrees to submit all disputes arising between it and Blueforce to the courts or tribunals of Western Australia.

 

25.0 Validity  

1. If any provision of these terms and conditions is deemed invalid, void, illegal or unenforceable, the validity, existence, the enforceability of the remaining provision shall not be affected, prejudiced or impaired.

 

26.0 Dispute Resolution

1. If a dispute arises out of or in connection with these Terms, the Goods and/or Services (Dispute), either party may give the other written notice of the Dispute, setting out reasonable details of the Dispute.

2. Within fourteen (14) days after a Dispute notice is given, the parties must use reasonable endeavours to resolve the Dispute by good faith negotiations between senior representatives of each party.

3. If the Dispute is not resolved within twenty‑one (21) days after the Dispute notice is given, either party may refer the Dispute to mediation to be administered by the Australian Disputes Centre (ADC) in accordance with its mediation guidelines, unless the parties otherwise agree.

4. The mediation will be conducted in Western Australia, and the costs of the mediator will be shared equally by the parties, unless otherwise agree.

5. If the Dispute is not resolved within thirty (3) days after referral to mediation, either party may commence court proceedings in a court of competent jurisdiction.

6. Nothing in this clause prevents either party from seeking urgent interlocutory or injunctive relief, or commence proceedings to recover undisputed amounts owing.

 

27.0 Deed of guarantee and indemnity

1. If the Buyer is a company (and not an individual), then as a condition of Blueforce supplying the Goods and/or Services, each director of the Buyer must execute the Deed of Guarantee and Indemnity in Annexure A to these terms and conditions, personally guaranteeing the payment of all money payable by the Buyer to Blueforce.