Terms & Conditions

A. GENERAL POLICIES

1. Payment should be arranged prior to any jobs. Prices shown on website are for online orders only and might be different in store.
2. A minimum charge of $10 applies for all serviced printing jobs from file
3. Please ensure you own the copy right to print or copy any documents
4. Discount rates for high quantity jobs available, please check with our staff
5. Monthly credit will only be given to customers with approved credit checks
6. Students must present their valid student card to receive 10% student discount
7. Tax invoices will not be issued for any jobs under $20 except for monthly account customers
8. We only accept credit cards and eftpos for purchases over $20, there will be a 4% surcharge for Amex

 

B. FILE FORMAT POLICIES

9. No download fee applies for pdf, plt, tiff, jpg and MS office documents
10. A $5 conversion fee applies per drawing for any printing from an autocad file
11. File pre-press setup or graphic layout fee applies for any other file formats or editing required

 

C. COLOUR MATCHING POLICIES

12. If corporate colour matching is required, please provide the PMS (pantone colour) when
submitting your job
13. Print colour may vary from different printing process and paper stocks, and from time to time
14. A $100 charge applies for colour matching and print proofing on request
Note: eplot is not liable to re-print jobs due to colour differences without going through the colour matching process

 

D. ARTWORK PREPARATION POLICIES

15. Please ensure your artworks are print ready which should comply with the following:
• Outline all fonts
• A maximum of 300dpi for all image resolutions
• Flatten all vector transparency objects and rasterize all image transparency objects
• Provide a 3mm bleed and crop marks for any jobs that require guillotining
• All important text must be 5mm inside crop marks to prevent being crop off in guillotining
• A $30 pre-press setup fee applies for any non-print ready artworks
Note: eplot is not liable to re-print jobs due to improper artwork setup

 

E. JOBS FINISHING POLICIES

17. Whilst we take every care in our work, we do not take responsibility for damage that may occur with customers’ supplied materials. We strongly recommend that customers should make spare copies for all finishing jobs

 

F. ORDERING POLICIES

18. A $20 processing fee applies if for any reason customers cancel the order before eplot start the job. Once the job has started printing, it cannot be cancelled

 

G. DELIVERY POLICIES

19. We can organise courier service for job delivery but there is no guarantee in arrival time, eplot is not liable for any delay due to the courier. We strongly recommend that customers should arrange their own pickup for any urgent jobs

 

H. ARTWORK DESIGN POLICIES

20. For any artwork design and layout, please note the terms below:
• All grammar and spelling are customer’s responsibility to check and proof, eplot is not liable to reprint for any mistake associated once the artwork has been approved
• Even though customers pay for the graphic design, photography and/or layout, copyright belongs to eplot. For any reproduction without eplot authorization, eplot reserves the right of legal action
• Customers can alternatively purchase the copyright from eplot at extra cost on top of the design fee for release of artworks

 

 

Terms and Conditions of Trade

1. Definitions

1.1 “E-Plot” means E-Plot Pty Ltd (as trustee for E-Plot Unit Trust) T/A eplot print solutions, its successors and assigns or any person acting on behalf of and with the authority of E-Plot Pty Ltd (as trustee for E-Plot Unit Trust) T/A eplot print solutions.

 

1.2 “Client” means the person/s requesting E-Plot to supply the Goods as specified in any invoice, document or order, and where more than one person has entered into this agreement, they shall be jointly and severally liable under this agreement (including for all payments of the Price).

 

1.3 “Goods” means all Goods or Services supplied by E-Plot to the Client at the Client’s request from time to time, including any goods, advertisements, publications, documents, designs, drawings or materials supplied, consumed, created or deposited incidentally by E-Plot in the course of it conducting, or providing to the Client, any Services (where the context so permits the terms ‘Goods’ or ‘Services’ shall be interchangeable for the other).

 

1.4 “Copy” shall mean any manuscript, advertisement, general copy, graphics and other digital display material and/or content supplied by the Client for the supply of Goods.

 

1.5 “Price” means the price payable for the Goods as agreed between E-Plot and the Client in accordance with clause 4 of this agreement.

 

1.6 “Prohibited Content” means any Copy that:

(a)  is, or could reasonably be considered to be, in breach of the Competition and Consumer Act 2010 (Cth); or any other applicable law or applicable industry code; or

(b)  contains, or could reasonably be considered to contain, any misrepresentations; or is, or could reasonably be considered to be, misleading or deceptive, likely to mislead or deceive or otherwise unlawful; or

(c)   is, or could reasonably be considered to be, in breach of any person’s Intellectual Property Rights.

 

 

2. Acceptance

2.1 The Client is taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions if the Client places an order for Goods, or accepts Delivery.

 

2.2 These terms and conditions may only be amended with E-Plot’s consent in writing and shall prevail to the extent of any inconsistency with any other document or agreement between the Client and E-Plot.

 

2.3 Electronic signatures shall be deemed to be accepted by either party providing that the parties have complied with Section 9 (insert applicable section) of the Electronic Transactions (Victoria) Act 2000 or any other applicable provisions of that Act or any Regulations referred to in that Act.

 

2.4 The Client acknowledges that:

(a)  Goods supplied by E-Plot are subject to availability and only on the terms and conditions of trade herein to the exclusion of anything to the contrary in the terms of the Client’s order notwithstanding that any such order is placed on terms that purport to override these terms and conditions of trade. E-Plot shall be entitled to change any distribution date at any time without notice;

(b)  any advice, recommendation, information, assistance or service provided by E-Plot in relation to Goods supplied is given in good faith, is based on E-Plot’s own knowledge and experience and shall be accepted without liability on the part of E-Plot 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;

(c)   where colour matching is required, the Client agrees to supply information and samples regarding the correct colour;

(d)  E-Plot reserves the right not to supply any Goods, or refuse the accept any Copy, at any time for any reason (including where such, in E-Plot’s opinion is or may be unlawful, offensive, contains Prohibited Content, does not comply with clause 9.1, or is otherwise inappropriate), and E-Plot shall not be liable to the Client for any such action.

 

 

3. Change in Control

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

 

 

4. Price and Payment

4.1 At E-Plot’s sole discretion the Price shall be either:

(a)  as indicated on any invoice/s provided by E-Plot to the Client; or

(b)  E-Plot’s quoted price (subject to clause 5) which will be valid for the period stated in the quotation or otherwise for a period of thirty (30) days. Quotations are only for Goods according to original specifications.  If through the Client’s error, or omission, the Goods have to be redone or alterations or additions to specifications are required, then E-Plot may make an additional charge.

 

4.2 At E-Plot’s sole discretion, a deposit may be required.

 

4.3 Time for payment for the Goods being of the essence, the Price will be payable by the Client on the date/s determined by E-Plot, which may be:

(a)  before Delivery;

(b)  Net fourteen (14) or thirty (30) days for approved clients only;

(c)   the date specified on any invoice or other form as being the date for payment; or

(d)  failing any notice to the contrary, the date which is seven (7) days following the date of any invoice furnished to the Client by E-Plot.

 

4.4 Payment may be made by cash, cheque, bank cheque, electronic/on-line banking, credit card (plus applicable surcharge), or by any other method as agreed to between the Client and E-Plot.

 

4.5 Unless otherwise stated the Price does not include GST. In addition to the Price the Client must pay to E-Plot an amount equal to any GST E-Plot must pay for any supply of Goods by E-Plot under this or any other agreement. The Client must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Client pays the Price. In addition the Client must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.

 

 

5. Variations

5.1 E-Plot reserves the right to change the Price if a variation to E-Plot’s quotation is requested, including:

(a)  any fonts, or colour proofs, or artwork, specially bought at the Client’s request for the Goods;

(b)  when style, type or layout is left to E-Plot’s judgement, and the Client makes further alterations to the copy;

(c)   where the performance of any contract with the Client requires E-Plot to obtain products and/or services from a third party, the contract between E-Plot and the Client shall incorporate, and shall be subject to, the conditions of supply of such products and/or services to E-Plot, and the Client shall be liable for the cost in full including E-Plot’s margin of such products and/or services;

all extra work caused by the Client’s corrections, including resetting and/or over-running of composition.

 

 

6. Proof Reading

6.1 Whilst every care is taken by E-Plot to carry out the instructions of the Client, it is the Client’s responsibility to undertake a final proof reading of the Goods, which will be sent to the Client and will be deemed accepted if no response is received by the Client within forty-eight (48) hours of E-Plot’s submission thereof. E-Plot shall be under no liability whatever for any errors not corrected by the Client in the final proof reading, and should the Client’s alterations requires additional proofs this shall be invoiced as an extra in accordance with clause 5.

 

 

7. Delivery

7.1 result of delayed Delivery. However both parties agree that they shall make every endeavour to enable the Goods to be supplied at the time and place as was arranged between both parties. In the event that E-Plot is unable to supply the Goods as agreed solely due to any action or inaction of the Client then E-Plot shall be entitled to charge a reasonable fee for redelivery, detention and/or storage.

 

7.2 Delivery of the Goods (“Delivery”) is taken to occur at the time that:

(a)  the Client or the Client’s nominated carrier takes possession of the Goods at E-Plot’s address; or

(b)  E-Plot (or E-Plot’s nominated carrier) delivers the Goods to the Client’s nominated address, even if the Client is not present at the address.

 

7.3 The costs of Delivery are separate to the Price, and E-Plot reserves the right to charge a reasonable fee for Delivery.

 

7.4 E-Plot may deliver the Goods in separate instalments. Each separate instalment shall be invoiced and paid in accordance with the provisions in these terms and conditions.

 

7.5 Whilst every endeavour will be made to deliver the correct quantity ordered, the Client acknowledges that the difficulty of producing exact quantities, estimates and/or orders are conditional upon a margin of ten percent (10%) being allowed for shortages which will be charged for, or deducted from, the amount owing by the Client in relation to the Goods at the relevant run-on rate.

 

7.6 The Client will be deemed to have accepted the Goods on Delivery or, if the Client fails to take possession of the Goods, within fourteen (14) days of the completion date as notified by email.

 

 

8. Risk

8.1 Irrespective of whether E-Plot retains ownership of any Goods, all risk for such items shall pass to the Client as soon as such items are delivered to the Client and shall remain with the Client until such time as E-Plot may repossess the Goods in accordance with clause 10.3(f). The Client must insure all Goods on or before Delivery.

 

8.2 E-Plot reserves its right to seek compensation or damages for any damage, destruction or loss suffered in relation to the Goods as a result of the Client’s failure to insure in accordance with clause 8.1.

 

 

9. Copy

9.1 The Client acknowledges that all Copy supplied to E-Plot is subject to the approval of E-Plot and may, regardless of prior approval, be rejected and removed by E-Plot.

 

9.2 The Client warrants that all Copy supplied to E-Plot to be used for the supply of Goods shall:

(a)  does not contain Prohibited Content; and

(b)  be in the form, and delivered up to E-Plot by the date, specified thereby. If the Client fails to adhere to this sub-clause, E-Plot shall not be liable to the Client in the event E-Plot is unable to supply the Goods;

 

9.3  The Client shall indemnify, and keep indemnified, E-Plot at all times against all actions, proceedings, claims, demands, liabilities, either express or implied, and all costs, losses, losses of profit, damages and expenses whatsoever which may be taken against E-Plot, or incurred or become payable by E-Plot, resulting or arising from the Client being in breach of clause 9.1

 

 

10. Title

10.1 E-Plot and the Client agree that ownership of the Goods shall not pass until:

(a)  the Client has paid E-Plot all amounts owing to E-Plot; and

(b)  the Client has met all other obligations due by the Client to E-Plot in respect of all contracts between E-Plot and the Client.

 

10.2 Receipt by E-Plot of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised and until then E-Plot’s ownership or rights in respect of the Goods, and this agreement, shall continue.

 

10.3 It is further agreed that, until ownership passes to the Client in accordance with clause 10.1:

(a)  the Client is only a bailee of the Goods and must return the Goods to E-Plot immediately upon request by E-Plot;

(b)  the Client holds the benefit of the Client’s insurance of the Goods on trust for E-Plot and must pay to E-Plot the proceeds of any insurance in the event of the Goods being lost, damaged or destroyed;

(c)   the Client must not sell, dispose, or otherwise part with possession of the Goods. If the Client sells, disposes or parts with possession of the Goods then the Client must hold the proceeds of sale of the Goods on trust for E-Plot and must pay or deliver the proceeds to E-Plot on demand.

(d)  the Client should not convert or process or use the Goods, or intermix them with other goods, but if the Client does so then the Client shall be liable for the full payment to E-Plot of the Price of the Goods. 

(e)  the Client shall not charge or grant an encumbrance over the Goods nor grant nor otherwise give away any interest in the Goods while they remain the property of E-Plot;

(f)  the Client irrevocably authorises E-Plot to enter any premises where E-Plot believes the Goods are kept and recover possession of the Goods.

 

 

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

11.1 In this clause financing statement, financing change statement, security agreement, and security interest has the meaning given to it by the PPSA.

 

11.2 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 that have previously been supplied and that will be supplied in the future by E-Plot to the Client.

 

11.3 The Client undertakes to:

(a)  promptly sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which E-Plot may reasonably require to;

(i)   register a financing statement or financing change statement in relation to a security interest on the Personal Property Securities Register;

(ii)  register any other document required to be registered by the PPSA; or

(iii) correct a defect in a statement referred to in clause 11.3(a)(i) or 11.3(a)(ii);

(b)  indemnify, and upon demand reimburse, E-Plot for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register established by the PPSA or releasing any registration made thereby;

(c)   not register a financing change statement in respect of a security interest without the prior written consent of E-Plot;

(d)  not register, or permit to be registered, a financing statement or a financing change statement in relation to the Goods in favour of a third party without the prior written consent of E-Plot.

 

11.4 E-Plot 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.

 

11.5 The Client waives their rights to receive notices under sections 95, 118, 121(4), 130, 132(3)(d) and 132(4) of the PPSA.

 

11.6 The Client waives their rights as a grantor and/or a debtor under sections 142 and 143 of the PPSA.

 

11.7 Unless otherwise agreed to in writing by E-Plot, the Client waives their right to receive a verification statement in accordance with section 157 of the PPSA.

 

11.8 The Client must unconditionally ratify any actions taken by E-Plot under clauses 11.3 to 11.5.

 

11.9 Subject to any express provisions to the contrary nothing in these terms and conditions is intended to have the effect of contracting out of any of the provisions of the PPSA.

 

 

12. Security and Charge

12.1 In consideration of E-Plot agreeing to supply Goods, the Client charges all of its rights, title and interest (whether joint or several) in any land, realty or other assets capable of being charged, owned by the Client either now or in the future, to secure the performance by the Client of its obligations under these terms and conditions (including, but not limited to, the payment of any money).

 

12.2 The Client indemnifies E-Plot from and against all E-Plot’s costs and disbursements including legal costs on a solicitor and own client basis incurred in exercising E-Plot’s rights under this clause.

 

12.3 The Client irrevocably appoints E-Plot and each director of E-Plot as the Client’s true and lawful attorney/s to perform all necessary acts to give effect to the provisions of this clause 12 including, but not limited to, signing any document on the Client’s behalf.

 

 

13. Defects, Warranties and the Competition and Consumer Act 2010 (CCA)

13.1 The Client must inspect the Goods on Delivery and must within seven (7) days of such time notify E-Plot in writing of any evident defect/damage, shortage in quantity, or failure to comply with the description or quote. The Client must notify any other alleged defect in the Goods as soon as reasonably possible after any such defect becomes evident. Upon such notification the Client must allow E-Plot to inspect the Goods.

 

13.2 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”).

 

13.3 E-Plot acknowledges that nothing in these terms and conditions purports to modify or exclude the Non-Excluded Guarantees.

 

13.4 Except as expressly set out in these terms and conditions or in respect of the Non-Excluded Guarantees, E-Plot makes no warranties or other representations under these terms and conditions including, but not limited to, the quality or suitability of the Goods. E-Plot’s liability in respect of these warranties is limited to the fullest extent permitted by law.

 

13.5 If the Client is a consumer within the meaning of the CCA, E-Plot’s liability is limited to the extent permitted by section 64A of Schedule 2.

 

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

 

13.7 If the Client is not a consumer within the meaning of the CCA, E-Plot’s liability for any defective Goods is:

(a)  limited to the value of any express warranty or warranty card provided to the Client by E-Plot at E-Plot’s sole discretion;

(b)  limited to any warranty to which E-Plot is entitled, if E-Plot did not manufacture the Goods;

(c)   otherwise negated absolutely.

 

13.8 Subject to this clause 13 (and in particular clause 13.9), the return of defective Goods will only be accepted provided that:

(a)  the Goods exhibit a variation from the final proof approved by the Client, including but not limited to, colour;

(b)  the Client has complied with the provisions of clause 13.1; and

(c)   E-Plot has agreed that the Goods are defective; and

(d)  the Goods are returned within a reasonable time at the Client’s cost (if that cost is not significant); and

(e)  the Goods are returned in as close a condition to that in which they were delivered as is possible.

 

13.9 Notwithstanding clauses 13.1 to 13.7 but subject to the CCA, E-Plot shall not be liable for any defect or damage which may be caused or partly caused by or arise as a result of:

(a)  the Client failing to properly maintain or store any Goods;

(b)  the Client using the Goods for any purpose other than that for which they were designed;

(c)   the Client continuing to use any Incidental Item after any defect became apparent or should have become apparent to a reasonably prudent operator or user;

(d)  interference with the Goods by the Client or any third party without E-Plot’s prior approval;

(e)  the Client failing to follow any instructions or guidelines provided by E-Plot;

(f)    fair wear and tear (including the fading of inks), any accident, or act of God.

 

13.10 E-Plot may, in its absolute discretion, refuse to accept non-defective Goods for return. But if E-Plot does accept such Goods for return, it does so only in exchange for either credit or a discount on future orders. Subject to clause 13.1, E-Plot shall not accept the return of Goods for cash refunds.

 

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

 

 

14. Intellectual Property

14.1 Where E-Plot has designed, drawn or developed Goods for the Client, then the copyright in any Goods shall remain the property of E-Plot, and:

(a)  Shall only be used by the Client at E-Plot’s discretion; and

(b)  the Client undertakes to acknowledge E-Plot’s design or drawings in the event that images of the Goods are utilised in advertising or marketing material by the Client.

 

14.2 The Client shall indemnify E-Plot against any claims by third parties for patent, trademark, design or copyright infringement, directly or indirectly arising out of the design, workmanship, material, construction, or use of the Goods or any other deficiency therein. Where the Client has supplied drawings, sketches, files or logo’s to E-Plot, the Client warrants that the drawings, sketches, files or logo’s do not breach any patent, trademark, design or copyright, and the Client agrees to indemnify E-Plot against any action taken by a third party against E-Plot.

 

14.3 The Client agrees that E-Plot may (at no cost) use for the purposes of marketing or entry into any competition, any Goods which E-Plot has created for the Client.

 

 

15. Default and Consequences of Default

15.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at E-Plot’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.

 

15.2 If the Client owes E-Plot any money the Client shall indemnify E-Plot from and against all costs and disbursements incurred by E-Plot in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, E-Plot’s contract default fee, and bank dishonour fees).

 

15.3 Further to any other rights or remedies E-Plot may have under this agreement, if the Client has made payment to E-Plot by credit card, and the transaction is subsequently reversed, the Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by E-Plot under this clause 15 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Client’s obligations under this agreement.

 

15.4 Without prejudice to any other remedies E-Plot may have, if at any time the Client is in breach of any obligation (including those relating to payment) under these terms and conditions E-Plot may suspend or terminate the supply of Goods to the Client. E-Plot will not be liable to the Client for any loss or damage the Client suffers because E-Plot has exercised its rights under this clause.

 

15.5 Without prejudice to E-Plot’s other remedies at law E-Plot shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to E-Plot shall, whether or not due for payment, become immediately payable if:

(a)  any money payable to E-Plot becomes overdue, or in E-Plot’s opinion the Client will be unable to make a payment when it falls due;

(b)  the Client becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or

(c)   a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.

 

 

16. Cancellation

16.1 E-Plot may cancel any contract to which these terms and conditions apply, or cancel Delivery at any time before the production of the Goods have commenced, by giving written notice to the Client. On giving such notice E-Plot shall repay to the Client any money paid by the Client for the Goods. E-Plot shall not be liable for any loss or damage whatsoever arising from such cancellation.

 

16.2 In the event that the Client cancels Delivery prior to production commencing, the Client shall be liable for a cancellation fee of twenty dollars ($20.00). Cancellation of the Goods by the Client will definitely not be accepted when:

(a)  the Goods are in production; or

(b)  the Goods have been completed; or

(c)   the Client has requested production of the Goods be recommended after cancelling the original order.

 

 

17. General

17.1 The failure by E-Plot to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect E-Plot’s right to subsequently enforce that provision. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.

 

17.2 These terms and conditions and any contract to which they apply shall be governed by the laws of Victoria, the state in which E-Plot has its principal place of business, and are subject to the jurisdiction of the courts in that state. 

 

17.3 Subject to clause 13, E-Plot shall be under no liability whatsoever to the Client for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the Client arising out of a breach by E-Plot of these terms and conditions (alternatively E-Plot’s liability shall be limited to damages which under no circumstances shall exceed the Price).

 

17.4 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 E-Plot nor to withhold payment of any invoice because part of that invoice is in dispute.

 

17.5 E-Plot may license or sub-contract all or any part of its rights and obligations without the Client’s consent.

 

17.6 The Client agrees that E-Plot may amend these terms and conditions at any time. If E-Plot makes a change to these terms and conditions, then that change will take effect from the date on which E-Plot notifies the Client of such change. The Client will be taken to have accepted such changes if the Client makes a further request for E-Plot to provide Goods to the Client.

 

17.7 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.

 

17.8 The Client warrants that it has the power to enter into this agreement and has obtained all necessary authorisations to allow it to do so, it is not insolvent and that this agreement creates binding and valid legal obligations on it.