Power Pumping Pty Ltd ACN 125 093 718
Supply and Credit Account Terms & Conditions


1.1 “Accepted Order” means any actual supply Services by Power Pumping to the Client;
1.2 “ACL” means the Australian Consumer Laws;
1.3 “Cancellation” means the cancellation of an Order after is has been accepted by Power Pumping;
1.4 “Client” means the business enterprise set out in this credit application;
1.5 “Consequential Loss” means the loss or expected savings, loss of use, loss of opportunity, loss of profit, loss of revenue, increased financing costs, loss arising from delay or any consequential special or indirect loss or damage whether or not the possibility of potential extended loss or damage was known or foreseeable and whether arising from a claim under indemnity contract tort (excluding negligence) statute or otherwise;
1.6 “Credit Account” means the credit given by Power Pumping to the Client if this credit application is accepted;
1.7 “Insolvency Event” means, for the Client, as applicable, being in liquidation or provisional liquidation, bankruptcy or under administration, having a controller (as defined in the Corporations Act 2001) or analogous person appointed to the Client or any of the Client’s property, being taken under Section 459F(1) of the Corporations Act to have failed to comply with the statutory demand, being unable to pay the Client’s debts, dying, ceasing to be of full legal capacity or otherwise becoming incapable of managing the Client’s own affairs for any reason, take any steps that could result in the Client becoming an insolvent under administration (as defined in Section 9 of the Corporations Act 2001), entering into a compromise or arrangement with or assignment for the benefit of any of the Client’s members or creditors or any analogous event;
1.8 “Order” means a request, howsoever made, by the Client to Power Pumping for the supply for Services;
1.9 “Payment Date” means 30 days from the end of the month in which the Accepted Order occurs;
1.10 “Price” means the amount agreed to be paid to Power Pumping by the Client for the Order;
1.11 “Property” means all and any property upon which or to which Power Pumping is required by the Client to provide the Service, whether real or personal;
1.12 “PPSA” means the Personal Properties Securities Act 2009 and PPSR means the Register created by that Act.
1.13 “Services” means all Goods, Materials or Services supplied by Power Pumping to the Client at the Client’s request from time to time (where the context so permits the terms ‘Goods’, ‘Materials’ or ‘Services’ shall be interchangeable for the other);
1.14 “Sub-Contractor” means any sub-contractor of Power Pumping Pty Ltd ACN 125 093 718 (“Power Pumping”) and that sub-contractor's employees or agents;
1.15 “Terms and Conditions” means these terms and conditions;
1.16 “Unauthorised Waste” means any Waste that is not a Waste Type or which Power Pumping doesn’t agree to handle after the Client has disclosed its nature and contents to Power Pumping;
1.17 “Waste and Waste Type” means a type of Waste or Waste referenced in the Order and any supporting information given to Power Pumping by the Client;
1.18 “Worksite” means the place that the Services are to be carried out;


2.1 Headings are inserted for ease of reference only and shall be disregarded in the interpretation of this agreement.
2.2 The parties acknowledge and agree that:
2.2 (a) This agreement is subject to all compulsory rules and requirements of law to which Power Pumping is subject to the intent and effect: that if any provision hereof is to any extent repugnant to or inconsistent with any such rules or requirements or if all or any part of any provision is judged invalid or unenforceable, such provision shall to that extent, but no further, be deemed not to form part of these terms and conditions and shall not affect the validity enforceability of the remaining provisions; and
2.2 (b) Notwithstanding anything herein contained, Power Pumping shall continue to be subject to any condition or warranty implied by the Trade Practices Act 1974 (Cth) or the Fair Trading Act 1989 (Qld), if and to the extent that the said Acts are applicable to this agreement and prevent the exclusion, restriction or modification of any such condition or warranty.
2.3 This agreement contains the entire understanding of the parties as to its subject matter. There is no other understanding, agreement, warranty or representation whether express or implied in any way defining or extending or otherwise relating to these provisions or binding on the parties with respect to the Service or the matters to which this agreement relates.
2.4 Governing Law
2.4 (a) This agreement is governed by and is to be construed in accordance with the laws of the State of Queensland;
2.4 (b) Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of Queensland and courts entitled to hear appeals from those courts; and
2.4 (c) No action arising out of this agreement may be brought by a party more than one (1) month after the cause of action has arisen except in the case of non-payment where the appropriate statutory limitation to an action for recovery of a simple contractual debt will apply.
2.5 Where discretion is given to Power Pumping by any provision hereof, the exercise of that discretion by Power Pumping shall be absolute and unfettered. Such an exercise of discretion may be unreasonable or arbitrary.


3.1 All Orders are subject to these Terms and Conditions and the Client shall be bound by these Terms and Conditions on placing an Order or when an Accepted Order occurs. These Terms and Conditions shall, in the absence of a specific separate contract, override any Terms and Conditions that the Client may seek to impose on Power Pumping.
3.2 Any Order is an offer by the Client and is not binding on Power Pumping until it is accepted in writing by Power Pumping or an Accepted Order has occurred.
3.3 Power Pumping may give written notice of Cancellation to the Client at any time before there is an Accepted Order. On the giving of such notice Power Pumping shall repay to the Client any money paid by the Client for the Services but shall not be liable for any loss or damage whatsoever suffered by the Client arising from the Cancellation.
3.4 If the Client gives a written notice of Cancellation to Power Pumping the Client shall be liable to Power Pumping for its Consequential Loss if the Cancellation is accepted by Power Pumping.
3.5 Power Pumping will not accept the Client’s Cancellation where the Goods are to be made or developed to the Client’s specifications, or for non-stocklist items, once the Order has been placed.
3.6 Power Pumping may by written notice vary the Price if:
3.6 (a) the Client varies the Service or fails to correctly package or label Waste, fails to segregate Waste and Waste Types, fails to exclude Unauthorised Waste from Waste types to be handled or remove by Power Pumping;
3.6 (b) where additional Services become necessary due to matters that are only discovered on the commencement of the Services such as latent site defects such as delays, or problems caused by third parties on the Worksite, access to the site or the like; or
3.6 (c) an increase in the costs of Power Pumping’s personnel or materials specifically purchased for the Services.


4.1 Power Pumping will accept Services only on these conditions.
4.2 Power Pumping at its discretion may subcontract on any terms all or any part of its undertaking herein.
4.3 The Client shall ensure that the Worksite is ready for the Services to commence when Power Pumping is notified by the Client that it may start the Services and unless otherwise agreed have clearly marked out where the Services are to be carried out.
4.4 The Client shall ensure that Power Pumping has clear and free access to the Worksite at all times to enable it to undertake the Services.
4.5 If access to the Worksite is required through or from a neighbouring property, then the Client is responsible for obtaining their consent and Power Pumping shall proceed with the Services on the basis that the consent has been obtained.
4.6 The Client, unless agreed otherwise in writing, must obtain the consent, permit or approval of any relevant government authority and keep Power Pumping safe and harmless from any failure to obtain any such consent, permit or approval or any deficiency in them if obtained.
4.7 The Client must not allow unauthorised third parties to enter the Worksite.
4.8 In carrying out the Services the Client acknowledges that damage beyond the control of Power Pumping may occur and that in the absence of negligence by Power Pumping, Power Pumping is not liable for any damage that may occur to the Worksite or any things or structures on the Worksite.
4.9 The Client must ensure that the Worksite and access to the Worksite are safe and suitable for the weight of vehicles and equipment that will be used by Power Pumping as part of the Services.
4.10 Prior to Power Pumping commencing any Service the Client must advise the precise location of all underground services (including but not limited to electrical services, gas services, sewer services, pumping services, seal connections, sewer sludge mains, water mains, irrigation pipes, telephone cables, fibre optic cables or public mains and any other services that may be on the Worksite) on the Worksite and clearly mark and identify their location.
4.11 Whilst Power Pumping will take all care to avoid damage to any underground services the Client agrees to indemnify Power Pumping in respect of all and any liability claims, loss, damage, costs and fines and resulting damage to services not precisely located and notified.
4.12 The Client must advise Power Pumping of the precise location of any asbestos or hazardous materials on the Worksite and clearly mark and identify their location.
4.13 The Client acknowledges that the commencement or the completion of the Services may be delayed by inclement weather or conditions arising from inclement weather and that any commencement date or completion date for the Services given to the Client by Power Pumping is an estimate only.
4.14 The Client acknowledges that Power Pumping is not liable for any Consequential Loss caused by any delays caused by matters beyond its control such as weather, site access, equipment failure or delays or problems caused by other third parties servicing on the Worksite.
4.15 Any date or time specified by Power Pumping for delivery of the Service is an estimate only and Power Pumping shall not be liable to the Client for late delivery of the service and the Client shall have no rights to refuse delivery of the service.


5.1 If Power Pumping retains ownership of the Goods under Clause 14 then where Power Pumping is:
5.1 (a) supplying Goods only, the risk in the Goods shall immediately pass to the Client on delivery. Delivery of the Goods shall be deemed to have taken place immediately at the time that either:
5.1 (a) (i)  the Client or the Client’s nominated carrier takes possession of the Goods; or
5.1 (a) (ii) the Goods are delivered by Power Pumping to the Client’s nominated delivery address (even if the Client is not present at the address);
5.1 (b) to both supply and install Goods then Power Pumping shall maintain a contract services insurance policy until the Services are completed. Upon Completion of the Services all risk for the Services shall immediately pass to the Client.
5.2 Notwithstanding the provisions of Clause 5.1, if the Client specifically requests Power Pumping to leave Goods outside Power Pumping’s premises for collection or to deliver the Goods to an unattended location then the Goods shall be left there at the Client’s risk.
5.3 The Client acknowledges and accepts the risk that Goods may:
5.3 (a) exhibit variations in shade, colour, texture, surface, finish, markings and may contain natural fissures, occlusions, lines, indentations and may fade or change colour over time;
5.3 (b) expand, contract or distort as a result of exposure to heat, cold, either;
5.3 (c) mark or stain if exposed to certain substances; and
5.3 (d) be damaged or disfigured by impact or scratching.
5.4 Where the Client has supplied Goods for Power Pumping to complete the Services, the Client acknowledges that it accepts responsibility for the suitability of purpose, quality and any faults inherent in the Goods. Power Pumping shall not be responsible for any defects in the Services, any loss or damage to the Goods (or any part of them), howsoever arising from the use of Goods supplied by the Client.
5.5 The risk of any loss or damage to or deterioration of the Goods and Services from any cause whatsoever passes from Power Pumping to the Client when the Service is completed, or the Client takes possession of the Goods, whether via collection or delivery.
5.6 If any of the Goods are damaged after risk has passed to, but prior to ownership passing to the Client, Power Pumping is entitled to receive the proceeds of any insurance claim whether the policy is owned by Power Pumping or the Client who assigns that benefit to Power Pumping.
5.7 The Client acknowledges that;
5.7 (a) all Waste and Unauthorised Waste which Power Pumping deals with on behalf of the Client remains the Client’s property and is held at all times at the Client’s risk unless agreed otherwise in writing;
5.7 (b) unless specifically directed otherwise in the Order the destruction, disposal, processing, reuse, recycle or resale of the Waste is at the complete discretion of Power Pumping;
5.7 (c) if the Order is not stated to include a destruction or disposal fee then the Client shall pay that fee in addition to the Price, if the Waste cannot be destroyed or disposed of due to it being Unauthorised Waste then Power Pumping may return the Waste to the Client at the Client’s cost;
5.7 (d) if the Client requires Power Pumping to deal with any type of Waste which is not listed as a Waste Type in the Order, then prior to removal of any such Waste the Client must disclose the contents of the Waste to Power Pumping and obtain Power Pumping’s written consent to dealing with the Waste;
5.7 (e) if the Client’s Waste contains more than one Waste Type during each load the Client must seek and identify and label each Waste Type to enable to be dealt with separately;
5.7 (f) the Client must not include any Unauthorised Waste or Waste to be dealt with by Power Pumping;
5.7 (g) the Client must ensure that all Waste collected is documented, manifested, segregated, packaged and labelled in accordance with the requirements in the current Australian Dangerous Goods Code for Rail and Road Transport and relevant service place health and safety regulations and other laws which may be enforced from time to time; and
5.7 (h) in the event that Waste collected by Power Pumping is different to that prescribed in the Order then Power Pumping may return the Waste to the Client at the Client’s expense.
5.8 Power Pumping shall be entitled to rely on the accuracy of any plans, specifications and other information provided by the Client. The Client acknowledges and agrees that in the event that any of this information provided by the Client is inaccurate, Power Pumping accepts no responsibility for any loss, damages, or costs however resulting from these inaccurate plans, specifications or other information.
5.9 Any advice, recommendation, information, assistance or service provided by Power Pumping in relation to Goods or Services supplied is given in good faith, is based on Power Pumping’s own knowledge and experience and shall be accepted without liability on the part of Power Pumping, and it shall be the responsibility of the Client to confirm the accuracy and reliability of the same in light of the use to which the Client makes or intends to make of the Goods or Services.
5.10 The Client acknowledges that the Services may be inherently dangerous, include any demolition of anything, that demolition is inherently dangerous and that it is the Client’s responsibility to ensure the safety of its own personnel equipment and things at all times.
5.11 The Client must give Power Pumping written notice of any alleged defects in the Services within three (3) days of the completion of the Services otherwise the Client shall be deemed to have accepted that the Services have been completed to its satisfaction.


6.1 The Client must consult with and fully brief Power Pumping’s personnel about the Services and the Worksite including the proposed tasks, the site, site conditions, matters affecting the health and safety of Power Pumping’s personnel and all reasonable information requested by Power Pumping’s personnel who may refuse to carry out any or all of the Services if they believe its use may affect the safety of people, property, or Power Pumping’s equipment or breach any law.
6.2 The Client must ensure Power Pumping’s equipment:
6.2 (a) is not operated by anyone other than Power Pumping’s personnel unless Power Pumping has first given written consent and then only by persons who are suitably trained, licensed experienced and if necessary certified in accordance with all laws and wearing suitable safety clothing and using protective equipment as recommended by Power Pumping or the manufacturer;
6.2 (b) used only for its intended purpose, in suitable terrain and in a manner, which has regard to the Equipment’s capabilities and limitations;
6.2 (c) used in compliance with any instructions given to the Client by Power Pumping or accompanying the Equipment and never excess of the manufacturer’s rated load or carrying capacity or other stated limitations; and
6.2 (d) not contaminated or damaged or at risk of being contaminated or damaged by hazardous material or water.
6.3 The Client must not direct Power Pumping’s personnel to use the equipment so that it comes in contact with materials that are noxious, flammable, hazardous, dangerous or explosive in nature.
6.4 Power Pumping must ensure that Power Pumping’s personnel:
6.4 (a) are suitably trained, licensed, experienced (and if necessary certified) and operate the equipment and carry out the Services in accordance with all laws;
6.4 (b) follow the reasonable directions of the Client, the Asbestos Removal Control Plan {insert #} or the Demolition Site Safety Plan {insert #} if appropriate;
6.4 (c) be fit to operate the equipment and carry out the Services and not be under the influence of drugs or alcohol;
6.4 (d) allow themselves to be appropriately briefed by the Client as to the proposed task, the site condition and matters affecting the health and safety of people, property and equipment; and
6.4 (e) wear suitable safety clothing and protective equipment as recommended by the manufacturer; and
6.4 (f) carry out the Services to a proper standard of skill and competence.


7.1 Power Pumping may cancel any Order or quotation or cancel delivery of Services at any time before the Services are delivered by giving written notice to the Client. On the giving such notice Power Pumping shall repay to the Client any money paid by the Client for the Goods or Services but shall not be liable for any loss or damage whatsoever suffered by the Client arising from any cancellation.
7.2 In the event that the Client cancels the delivery of Service the Client shall be liable for any and all loss incurred (whether direct or indirect) by Power Pumping as a direct result of the cancellation (including, but not limited to, any loss of profits).
7.3 Cancellation of Orders by the Client for Goods made or developed to the Client’s specifications, or for non-stocklist items, will not be accepted by Power Pumping once the order has been placed.


8.1 The Client applies to Power Pumping to purchase Goods and Services on credit on these Terms and Conditions.
8.2 The Client authorises Power Pumping to open on its books a Credit Account in the Client’s name and to debit to the Credit Account:
8.2 (a) the price of an Accepted Order; and
8.2 (b) all other amounts owed by the Client to Power Pumping.
8.3 Power Pumping may in its sole discretion:
8.3 (a) refuse this Credit Application;
8.3 (b) close the Credit Account without prior notice;
8.3 (c) withhold the supply of Goods or Services whether an order has been accepted or not if for any reason Power Pumping determines that no further credit is to be extended to the Client until full payment of the Credit Account and that order; and
8.3 (d) vary the Terms and Conditions on giving the Client written notice and unless the Client within seven (7) days closes its Credit Account or in that time places a new Order the new Terms and Conditions shall apply to any Approved Orders from then.


9.1 The Credit Account and the Account Number given to the Client (if any) must only be used by the Client and cannot be assigned, transferred or made available for use by any other entity or person (or by a subsequent purchaser of the Client) without Power Pumping’s prior written consent.
9.2 The Client must pay to Power Pumping the full amount debited to the Credit Account by the Payment Date whether or not Power Pumping has delivered a monthly statement to the Client.
9.3 The payment of the Credit Account may be made by cash, cheque, bank cheque, electronic banking, credit card (plus the surcharge of 1.9%).
9.4 If the Client fails to pay any amount by the Payment Date, it will incur interest at a rate of 5% above the Reserve Bank Cash Rate calculated daily and compounded monthly but in no circumstances will the interest charge exceed 20% per annum.
9.5 The Client agrees to pay all costs and expenses (including legal costs, commissions paid by Power Pumping to any commercial or mercantile agent and the sign off fees) incurred by Power Pumping in connection with the recovery of any moneys due and owing by the Client to Power Pumping including enforcing the charge in clause 16.
9.6 The Client must pay Power Pumping the full amount debited to the Credit Account immediately on demand if the Client fails to comply with or is in breach of these Terms and Conditions, suffers an insolvency event or makes any misrepresentation to Power Pumping.
9.7 A statement signed by an authorised person for Power Pumping stating the sum due and owing by the Client to Power Pumping as at the date specified in the statement shall be a conclusive statement and will be binding on the parties in the absence of a patent error, or until a contrary is proven.


10.1 The Client (and the persons signing the Credit Application) warrant that:
10.1 (a) it (and those persons) is solvent and able to pay its debts on time;
10.1 (b) it shall give written notice to Power Pumping if it suffers an Insolvency Event;
10.1 (c) it (and those persons) has a good credit history and nothing has occurred that could lead to an Insolvency Event;
10.1 (d) that all the information given to Power Pumping is true and correct;
10.1 (e) it has legal capacity to enter into these Terms and Conditions; and
10.1 (f) where the Client is a trustee of a trust that all Accepted Orders will be for the purposes of the trust and that the Client is, and will be, entitled to have resort to the trust assets to satisfy the balance of the Credit Account and that the trustee’s right of indemnity against the trust or the trust fund is not, and will not be, excluded and that nor shall the Client release that right of indemnity without Power Pumping’s prior written consent.
10.2 The Client (and the persons signing the Credit Application) acknowledge and agree that:
10.2 (a) the failure by Power Pumping to enforce any provision of these Terms and Conditions shall not be treated as a waiver of that provision, nor shall it affect Power Pumping’s right to subsequently enforce that provision;
10.2 (b) if any part of these Terms and Conditions is void or unenforceable, it may be severed without affecting the enforceability of any other part;
10.2 (c) subject to clause 13 Power Pumping shall be under no liability whatsoever to the Client for any indirect or Consequential Loss or expense (including loss of profit) suffered by the Client arising out of a breach by Power Pumping of these Terms and Conditions (alternatively Power Pumping’s liability shall be limited to damages which under no circumstances shall exceed the Price of the Service);
10.2 (d) 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 Power Pumping nor to withhold payment of any invoice because part of that invoice is in dispute;
10.2 (e) Power Pumping may license or sub-contract all or any part of its rights and obligations without the Client’s consent;
10.2 (f) it must pay any stamp duty assessed on this document or the transactions contemplated by it or fee to any register or maintain any security interest held or to be held by Power Pumping under these Terms and Conditions; and
10.2 (g) the Client shall give Power Pumping not less than fourteen (14) days prior written notice of any proposed change affecting the structure, management, ownership or control of the Client including its ACN, ABN or any details required on the PPSR or any other change in the Client’s contact details.


11.1 The Client may have the benefit of consumer guarantees under the ACL and otherwise, to the maximum extent permitted by law, all terms conditions or warranties that would be implied into these Terms and Conditions or in connection with the supply of any Goods or Services by Power Pumping under law or statute or custom or international convention are excluded.


12.1 To the extent that the Services provided by Power Pumping are Services other than Services of a kind ordinarily required for personal, domestic or household use or consumption, Power Pumping’s liability for failure to comply with the consumer guarantee that the Client may have the benefit of is limited to, at the option of Power Pumping:
12.1 (a) the supply of the Services again; or
12.1 (b) the payment of the fair cost of having the Services provided again.


13.1 To the maximum extent permitted by law and subject to clauses 11 and 12 Power Pumping’s total liability arising out of or in connection with its performance or its obligations pursuant to these Terms and Conditions arising out of or in connection with the supply of specific Goods or Services (including pursuant to or for any breach of the Terms or repudiation of those, under statute, in equity or for tort, including negligent acts or omissions) is limited as follows:
13.1 (a) Power Pumping shall have no liability to the Client to any Consequential Loss;
13.1 (b) Power Pumping’s total aggregate liability for loss, however arising shall not exceed the GST exclusive aggregate price paid by the Client to Power Pumping for the specific Goods or Services that gave rise to the loss in question. Limitation exclusions in this clause do not apply to the extent that any loss is directly attributable to:
13.1 (b) (i)  the personal injury or death caused by Power Pumping’s default, breach of these Terms and Conditions or negligence; or
13.1 (b) (ii) fraud by Power Pumping.
13.2 Each party must take reasonable steps to mitigate any loss it suffers or incurs.


14.1 Power Pumping retains legal and equitable title in any Goods supplied to the Client until the Credit Account next has a zero balance and until then the Client may sell such Goods or use the Goods in a manufacturing or construction process in the ordinary course of the Client’s business for true market value but as between the Client and the buyer of the Goods, the Client sells as principal and not as the agent of Power Pumping. The proceeds of any such sale must be held by the Client in a separate fund on trust for Power Pumping and the Client is under a duty to account to Power Pumping for those proceeds. The creation of, or any failure of, any such trust shall not in any way limit the obligation of the Client to pay Power Pumping for the Goods.
14.2 Until the Goods are sold or used in a manufacturing construction process, the Client must keep the Goods safe and free from deterioration, loss or harm and clearly designate the Goods as the property of Power Pumping and keep full and complete records of the physical location of the Goods and the ownership of the Goods by Power Pumping.
14.3 Power Pumping is irrevocably entitled to, at any time, and from time to time before any sale of any of the Goods by the Client to enter any of the Client’s premises, vehicles or vessels to inspect or to recover and retake possession of the Goods and otherwise in relation to the Goods exercise any of its rights whether those rights are as owner or unpaid seller or otherwise and whether those rights are conferred by common law, contract, statute or any way. If the Goods are held by a third party, then the Client shall obtain the consent of that third party so that Power Pumping may exercise its rights under this clause and shall indemnify Power Pumping and its agents from any liability arising from the exercise of those rights.
14.4 The reservation of title and ownership is affected whether or not the Goods have been altered from their supplied form or comingled with other Goods.


15.1 Power Pumping’s rights set out in these Terms and Conditions where applicable constitute the grant of a purchase money security interest (PMSI) by the Client in favour of Power Pumping for the purposes of the PPSA.
15.2 The Client must immediately, if requested by Power Pumping sign any documents, provide all necessary information and do anything else required by Power Pumping to ensure that Power Pumping’s PMSI is a perfected security interest under the PPSA.
15.3 The Client will not enter into any security agreement that permits any other person to have or to register any security interests in respect of the Goods or any proceeds from the sale of the Goods until Power Pumping has perfected its PMSI under the PPSA.
15.4 In this clause collateral, financing statement, financing change statement, security agreement, and security interest has the meaning given to it by the PPSA.
15.5 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 Goods or collateral being a monetary obligation of the Client to Power Pumping for Services that have previously been supplied and that will be supplied in the future by Power Pumping to the Client.
15.6 The Client undertakes to:
15.6 (a) promptly sign any further documents or provide any further information (such information to be complete, accurate and up-to-date in all respects) which Power Pumping may reasonably require to:
15.6 (a) (i)  register a financing statement or financing change statement in relation to a security interest on the PPSR;
15.6 (a) (ii) register any other document required to be registered by the PPSA; or
15.6 (a) (iii) correct a defect in a statement referred to in this sub-clause;
15.6 (b) indemnify, and upon demand reimburse, Power Pumping for all expenses incurred in registering a financing statement or financing change statement on the PPSR or releasing any Goods so charged;
15.6 (c) not register a financing change statement in respect of a security interest without the prior written consent of Power Pumping;
15.6 (d) not register, or permit to be registered, a financing statement or a financing change statement in relation to the Goods or collateral in favour of a third party without the prior written consent of Power Pumping; and
15.6 (e) immediately advise Power Pumping of any material change in its business practices of selling the Goods which would result in a change in the nature of proceeds derived from such sales.
15.7 Power Pumping 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.
15.8 The Client waives their rights to receive notices under sections 95, 118, 121(4), 130, 132(3)(d) and 132(4) of the PPSA.
15.9 The Client waives their rights as a grantor and/or a debtor under sections 142 and 143 of the PPSA.
15.10 Unless otherwise agreed to in writing by Power Pumping, the Client waives their right to receive a verification statement in accordance with section 157 of the PPSA.
15.11 The Client must unconditionally ratify any actions taken by Power Pumping under clauses 15.6 to 15.8.
15.12 Subject to any express provisions to the contrary nothing in these Terms and Conditions is intended to have the effect of contracting out of any of the provisions of the PPSA.


16.1 The Client charges all of the Client’s right, title and interest in all present and after-acquired property and present and after-acquired land held by the Client, to secure the payment of all amounts due and payable under the Credit Account (secured monies). The Client consents to Power Pumping lodging a caveat or caveats or to registering Power Pumping’s security interest on the PPSR to note Power Pumping’s interest under this clause.
16.2 On demand by Power Pumping, the Client will immediately provide any information, or do any action required by Power Pumping, including executing a mortgage or any other instrument of security, in terms satisfactory to Power Pumping, to further secure payment of the secured monies.
16.3 The Client hereby irrevocably appoints Power Pumping, and any person nominated by Power Pumping, severally the attorney of the Client with power to execute, sign, seal and deliver (which delivery may be subject to such terms and conditions as the attorney thinks fit) such mortgage or other document to give effect to this security.
16.4 The Client indemnifies Power Pumping from and against all Power Pumping’s costs and disbursements including legal costs on a solicitor and own client basis incurred in exercising Power Pumping’s rights under this clause.


17.1 If applicable a claim for moneys owed under these Terms and Conditions are a claim for payment under the Building Constructions and Payments Act 2004 (QLD) and the Building and Construction Industry Security of Payment Act 1999 (NSW) and the Building and Construction Industry Security of Payment Act 2009 (SA).


18.1 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.
18.2 Power Pumping will not affect any insurance of the Service or the Property for the benefit of the Customer or otherwise, except:
18.2 (a) on the prior written instruction of the Customer; and
18.2 (b) at the Customer's sole expense.