Provision of Cleaning Services - Conditions of Contract

40.2 No forbearance, delay or indulgence by the Principal in enforcing the provisions of this Contract shall
prejudice, restrict or limit the rights of that Party, nor shall any waiver of those rights operate as a waiver
of any subsequent breach.
41 ENTIRE AGREEMENT
41.1 To the extent permitted by Law, this Contract embodies the entire agreement between the Parties and
supersedes all prior conduct, arrangement, agreements, understandings, quotation requests,
representations, warranties, promises, statements, or negotiations, express or implied, in respect of the
subject matter of this Contract.
41.2 To the extent permitted by Law and to the extent the Contractor’s terms and conditions are supplied to
the Principal in respect of the Goods and/or Services, those terms and conditions will be of no legal effect
and will not constitute part of this Contract.
42 RIGHTS AND REMEDIES
The Principal may exercise the rights herein conferred in addition to all or any other rights or remedies
which the Principal shall or may be entitled to against the Contractor whether under a Legal Requirement
or this Contract.
43 INSURANCE
43.1 The Contractor must, at its own cost and expense, as a minimum procure and maintain the Insurances:
(a)
(b)
on the terms and conditions set out in this Clause and otherwise on terms acceptable to the
Principal; and
from insurers approved by the Principal which either:
(i)
(ii)
carry on business in Australia and are authorised by the Australian Prudential Regulation
Authority; or
if an overseas insurer, covers claims lodged and determined in the jurisdiction of Australia.
Any limitations regarding this requirement must be notified and agreed to by the Principal.
43.2 The Principal must not unreasonably withhold or delay its approval of an insurer or the terms and
conditions of the Insurance.
43.3 Without limiting Clause 43.1, the Contractor must:
(a)
(b)
pay all premiums and all deductibles applicable to the Insurance when due; and
promptly reinstate any Insurance required under this Clause 43 if it lapses or if cover is
exhausted.
43.4 To the extent available at the times of placement and each renewal, each Insurance must:
(a)
(b)
provide that the Insurance is primary with respect to the interests of the Principal and any other
insurance maintained by the Principal is excess to and not contributory with the Insurance;
except for compulsory statutory workers’ compensation insurance, compulsory motor vehicle
insurance and professional indemnity insurance, include a cross liability endorsement that all
agreements and endorsements except limits of liability must operate in the same manner as if
there was a separate policy of insurance covering each Party insured and a failure by any
insured Party to observe and fulfil the terms and conditions will not affect any other Party;