Terms & Conditions – Protection Plan

'the Company' – T/As Aqualogic Laundry Systems (Laundry Systems Group Pty Ltd) or nominated agent

'the Customer' – The person, partnership, business, organisation or company named in the SLA

'Equipment' – The equipment described in the Service Level Agreement

'Normal Working Hours' – 7.00am – 3.00pm

'Working Days' – Monday through Friday (excluding public holidays)

'SLA' – Service Level Agreement

These Terms & Conditions cover the provision of an Aqualogic Protection Plan to the Equipment as outlined in the SLA.

a)Misuse/Abuse/Vandalism or willful neglect;

b)Accidental damage to the Equipment by the Customer or another party;

c)Failure to operate or maintain the Equipment in accordance with the manufacturers instructions;

d)Use of the Equipment for a purpose other than for which it was designed;

e)Damage caused through incorrect / improper installation where installed by an unaffiliated third party;

f)Damage caused by incorrect or disrupted supply of services (electricity / water / gas / steam / drainage);

g)Damage caused by, or repairs required because of foreign objects in the Equipment (including, but not limited to cutlery, coins, bra underwires, buttons);

h)Chemicals and substances introduced to the machine (eg: ozone);

The points above (a-h) may not be attended to during scheduled visits and will where possible be outlined by the Company and will be the responsibility of the Customer.

To the extent permitted by law, the Company will not be liable for any losses or consequential losses incurred by the Customer from a breach by the Company of this Agreement or a delay by the Company in performing the Agreement where the breach or delay is the direct or indirect result of any of the following circumstances:

a)Any act of God (including fire, flood, storm, wind);

b)Any consequence of war, invasion, hostilities (whether declared or not), civil war, rebellion, insurrection or military operation whether directly affecting Australia or not;

c)Confiscation or requisition of property by the Government or other foreign power, whether direct or indirect;

d)Riots, civil commotion, strikes, work to rule, general or partial stoppage or restraint of labour, whatever the cause and any other factor which constitutes Force Majeure;

e)Any Government order or decree or any repeal modification enactment or re-enactment to any legislation regulation or order relating to or affecting the Equipment, its use of this Agreement or its terms;

The Company or the Customer have the option to terminate the Agreement without notice or penalty in the event of the circumstances described in this clause occur and continuing to occur for a continuous period of at least three (3) months.

a)It is the obligation of the Customer to insure the Equipment;

b)The Customer acknowledges that any person, worker or employee of the Customer who uses the machine will be trained /instructed by the Customer to use the machine(s) and the Customer agrees that any person, worker or employee who so uses the machine(s) will be insured by the Customer for any insurance (including workers compensation insurance) as may be required for that person.

Subject to clause 11, either party may terminate the SLA after completing the Initial Term. Termination is to be made in writing with 60 days notice to the other party before the end of the Initial Term. If notification is not received an extension of 12 months will apply with a CPI adjustment per annum and in accordance with the Terms & Conditions this arrangement will be held in perpetuity until advised in writing by the Customer. Early termination other than the event of default clauses as outlined below (a-g) is subject to complete payment of the full SLA amount.

a)if any payment to the Company is not made promptly on/or before the due date for payment;

b)if the Customer ceases to carry on business or stops or suspends payment or states its intention of so doing or is unable to pay its debts as they fall due or if any cheque or bill of exchange drawn by the Customer payable to the Company is dishonoured;

c)if an order is made for the sequestration of the Customer's estate or the Customer becomes bankrupt;

d)if the Customer becomes insolvent, enters into any composition or arrangement with its creditors or makes an assignment for the benefit of its creditors or enters into compulsory or voluntary liquidation (not being a voluntary liquidation only for the purpose of amalgamation or reconstruction);

e)if a receiver, manager or similar person is appointed in respect of the Customer or any asset of the Customer;

f)if the Customer fails to observe and perform any obligations set out in this SLA;

g)if the Customer causes anything to be done or permit or suffer any actual thing whereby the Company's rights in the Equipment may be prejudiced or put in jeopardy.

a)increased costs or expenses; or

b)any loss of profit, revenue, business, contracts or anticipated savings; or

c)any loss or expense resulting from a claim by a third party; or

d)any special, indirect or consequential loss or damage (this includes damage to person, property, clothing and linens) of any nature whatsoever caused by the Company's failure to complete or delay in completing any of its obligations in this SLA, that is incurred by the Customer, irrespective of how the loss and damage arose.

a)the supply of the services again; or

b)the payment of the cost of having the services supplied again.

We do not recommend anyone other than persons who are suitably experienced/qualified tamper with, service or maintain the equipment. To do so may put that person at risk of personal injury.