Terms and Conditions

PRINCE WINE STORE PTY LTTD T/A LIQUID ASSETS (ACN 081 634 200)
 TERMS AND CONDITIONS FOR STORAGE AND LOGISTIC SERVICES

1. DEFINITIONS AND INTERPRETATION
   1. In these conditions unless the context otherwise requires:
      1. “cartons” means storage containers, cartons, boxes or cases used from time to time for the packaging and or storage of bottled wine or Goods;
         “Client” means a person who deposits Goods with Liquid Assets for storage, distribution, transport and related services and/or a person for whom Liquid Assets provides storage, distribution, transport and related services;
         “deposit documents” means all documents to be completed by a Client describing the goods to be collected, delivered, deposited, transported or stored by Liquid Assets on behalf of the Client;
         “due date” means the date which is seven days after the date of invoice
         “Facility” means Liquid Assets’ storage facility at Unit 2 / No 5 Commercial Court Tullamarine Victoria 3043 Australia or such other facility utilised by Liquid Assets from time to time for storage and handling of Goods;
         “Goods” means wine, alcoholic beverages or other goods deposited with and accepted by Liquid Assets for storage and handling;
         “LA Cardboard Cartons” means cardboard wine storage cartons bearing Liquid Assets labelling
         “Logistical Handling” of Goods includes collecting, storing, delivering, cataloguing, packing, repacking, transporting, stock taking and preparing inventories of Goods;
         “Laws” means all Australian federal, state or municipal laws, regulations or by-laws;
         “Liquid Assets ” means PRINCE WINE STORE PTY LTTD T/A LIQUID ASSETS (ACN 081 634 200)
         and includes its directors, officers, employees and agents;
         “person” includes a company, corporation, firm, body of persons, government or semi-government authority or local or municipal authority;
         “Schedule of Charges -Logistics” means Liquid Assets schedule of charges applicable to Logistic Services as used by Liquid Assets from time to time;
         “Stackable cartons” are cartons capable of being stacked in stacks of 5 cartons high without the cartons bending or buckling
         “This Agreement” means these Terms and Conditions together with the Storage Conditions (where not inconsistent with these Terms and Conditions) and Liquid Assets Schedule of Charges- Logistics in force at the time of this Agreement and as varied or amended from time to time;
         “This Agreement” means these Terms and Conditions together with the Liquid Assets Schedule of Charges as posted on the LiquidAssets.com.au website (where not inconsistent with these Terms and Conditions) which are in force at the time of this Agreement and as varied or amended from time to time as also posted on the Liquid Assets website;
      2. words importing the singular number import the plural number and vice-versa;
      3. words importing a particular gender import the other genders; and
      4. headings and highlighting are for convenience only and do not effect the interpretation of these conditions.
   2. ACCEPTANCE OF GOODS
      1. Goods are only accepted by Liquid Assets for Logistical Handling in accordance with these terms and conditions.
      2. Liquid Assets shall not be bound by any variation to these conditions claimed by the Client unless the variation is in writing, signed on behalf of Liquid Assets by a person duly authorised by Liquid Assets to do so.
   3. LIQUID ASSETS SERVICES
      Liquid Assets will provide all necessary Logistical Handling services in relation to the Goods including:
      1. Collection and delivery: Where required by the Client Liquid Assets will collect and deliver Goods to and from the Facility and to and from other locations nominated by the Client in accordance accordance with the Client’s internet, phone and written instructions;
      2. Storage: Liquid Assets will store the Goods in the Facility in accordance with these Terms and Conditions.
      3. Catalogue: Where required by the Client Liquid Assets will catalogue the Goods in Liquid Assets’ Cellar Records.
      4. Incidental Breakages: In carrying out the Logistical Handling of Goods Liquid Assets will use its best endeavours not to damage wine or wine containers. However, Liquid Assets will not be responsible for or liable to the Client for any incidental breakages or damage to wine or wine bottles during the course of Logistical Handling of Goods.
   4. CLIENT’S PRINCIPAL OBLIGATIONS
      1. Description: The Client agrees to provide to Liquid Assets an accurate, current and complete description of the Goods and the quantity of the Goods on the deposit documents.
      2. Unencumbered Goods: The Client agrees not to deliver Goods to Liquid Assets which are in any way encumbered, unless such goods (i.e. encumbered goods) are accompanied by a notice in writing to Liquid Assets certifying the nature of the encumbrance and the payment of a deposit calculated in accordance with Liquid Assets Schedule of Charges.
      3. Compliance: The Client agrees to comply with all of the terms of this Agreement to be observed by the Client including, without limiting the generality of the forgoing, the due and punctual payment of all Liquid Assets charges.
   5. PAYMENT
      1. Pay Charges: The Client shall pay storage, delivery, pick up and other charges in accordance with Liquid Assets’ Schedule of Charges as published from time to time.
      2. Due Date: Unless Liquid Assets otherwise agrees in writing, Liquid Assets’ accounts are payable within 7 days of invoice.
      3. Interest: Any amount remaining unpaid after the due date (the unpaid balance) will be subject to an extra charge calculated on the unpaid balance at the rate of two per cent (2%) per month for each month or part thereof that the unpaid balance remains outstanding or a Late Fee as detailed in the Schedule of Charges whichever is greater.
      4. Credit Card payments: Where the Client has given Liquid Assets authority to charge payments to a nominated credit card, Liquid Assets may charge its accounts to that credit card at any time from and including the date of invoice.
      5. Declined authorisation: If any credit card authorisation is declined, Liquid Assets shall not be obliged to seek further authorisation from the Client and interest shall be payable on the amount declined at the rate set out in Condition 5.3 from the time the credit card authorisation was declined until the outstanding account has been paid in full.
      6. Schedule of Charges: The rates payable by the Client for Liquid Assets’ services shall be the rates set out in Liquid Assets’ Schedule of Charges as at the date the service is provided. The rates applicable in the Schedule of Charges may be subject to change without notice from Liquid Assets. The Client agrees to pay any additional charges arising out of any change in the Schedule of Charges;
      7. Plus Tax: The Schedule of Charges- Logistics is net of all taxes both state and federal (where they apply) all of which charges and taxes including GST shall be extra charges to the Client’s account;
      8. Place of Payment: Payment of all charges is to be made by the Client to Liquid Assets at the offices of Liquid Assets at Unit 2 / No 5 Commercial Court Tullamarine Victoria 3043 Australia or at such other address, bank account number or credit facility as Liquid Assets may notify the Client in writing from time to time.
      9. In Default: Where the Client is in default of these payment terms or is otherwise in breach of these terms and conditions Liquid Assets may, in its absolute discretion and without being bound to do so, do any one or more of the following:
         1. deliver the Goods to the Client at the Client’s last known place of address without being liable to account to the Client for the Goods or the value of the Goods and free from any liability whatsoever for the care and control of the Goods from the time they are delivered to the Client’s last known place of address;
         2. give the Client notice to collect the Goods and continue to store the Goods at the Facility in which event the Client shall be liable to pay Liquid Assets for the continued storage of the Goods at the rates applicable from time to time under the Schedule of Charges plus an amount equal to twenty percent (20%) of those rates for each day of storage;
         3. exercise its lien under Clause 16 of this Agreement;
         4. without prior notice to the client, issue legal proceedings against the Client to recover any monies owing pursuant to these Terms and Conditions; and
         5. in any such case of default or breach the Client indemnifies Liquid Assets against, and shall pay to Liquid Assets on demand the amount of all losses, liabilities, costs and expenses (including without limitation, legal costs and expenses on a full indemnity basis) in connection with:
            1. the occurrence of any default or potential default by the Client under these Terms and conditions; or
            2. the enforcement or attempted enforcement or preservation or attempted preservation by Liquid Assets of any rights under this Agreement; or
            3. any amount required to be paid by the Client to Liquid Assets under these Terms and Conditions, or on any account whatsoever, not being paid on its due date; or
            4. any breach by the Client of these Terms and Conditions
   6. CONDITIONS OF STORAGE AND HANDLING OF GOODS
      1. Loading Bay delivery: Liquid Assets will take delivery of the Goods in cartons or palletised cartons only during Liquid Assets Receiving Times as defined on the website (or by prearranged appointment agreed in writing) at Liquid Assets’ loading bay at the Facility:
         1. When delivered to the loading bay by the Client;
         2. When delivered to the loading bay by a courier, representative or agent on behalf of the client;
         3. When collected by Liquid Assets’ staff from the Client at the Client’s address or at a location designated by the Client for collection.
      2. Taking Delivery: Upon taking delivery of the Goods Liquid Assets reserves the right to:
         1. Refuse to accept for storage bottles of wine not packed in a carton;
         2. Refuse to handle cartons which in its determination are not capable of adequately holding the Goods for transport or storage (“weak cartons” or damaged cartons);
         3. Refuse to unload pallets from delivery vehicles where Liquid Assets staff determines that such unloading would or would likely to be a safety risk to any persons or property.
         4. Repack the Goods in LA Cardboard Cartons, in which event the Client will pay to Liquid Assets the repacking and carton charges for each repacked carton in accordance with the Schedule of Charges.
         5. Any refusal or determination made under this clause 6.2 shall be at the absolute discretion of Liquid Assets staff and Liquid Assets shall not be liable to the Client or to any person claiming through the Client for any loss or damage suffered as a result of such refusal or determination.
         6. Goods Received: Liquid Assets will sign a consignment note on receiving Clients goods. Any consignment note signed by Liquid Assets is evidence only of the number of Pallets received by Liquid Assets but is no evidence only the number of Pallets received by Liquid Assets but is no evidence of the number of cartons received with the Pallet or Pallets referred to in the consignment note. The number of cartons held by Liquid Assets on behalf of the Client will be recorded and published in the Clients On-Line cellar records.
   7. CATALOGUING OF GOODS
      1. Catalogue of Wine: All wine received by Liquid Assets for storage or delivery shall be catalogued by carton or pallet.
      2. Carton Catalogue: For the purposes of cataloguing wine by carton the Customer:
         1. Must deliver the Goods to Liquid Assets in Stackable Cartons;
         2. Authorises Liquid Assets to repack the contents of any carton supplied by the Client (Clients carton) which in the opinion of Liquid Assets is not a Stackable Carton into an LA Cardboard Carton and to dispose of the Clients carton as rubbish without reference to the Client;
         3. Agrees that all cartons of wine catalogued unopened as cartons of wine or as pallets of wine cartons represents the Client’s estimate of the quantity of wine in each carton or on each pallet and the Client acknowledges that Liquid Assets shall not be in anyway liable for any difference between the Client’s estimate and the actual number of bottles or quantity of wine in a carton or on a pallet.
      3. Best Endeavours: Liquid Assets will use its best endeavours to catalogue wine accurately.
      4. No Liability for Catalogue: In cataloguing wine, Liquid Assets shall not be liable to the Client for any loss or damage arising as a result of any data entry errors, data corruption or for incorrect or inadequate information supplied by Clients or producers of wine.
      5. Repacked Cartons: In the event of repacking cartons the Client is liable to pay to Liquid Assets its fees for handling and data catalogue amendments in accordance with the Schedule of Charges.
      6. Re-delivery of Goods: Client Goods received by Liquid Assets shall not be available for re delivery on clients’ instructions until all such Goods have been catalogued in Liquid Assets catalogue system.
   8. CLIENT’S WARRANTIES
      1. The Client warrants, represents and undertakes to Liquid Assets and to any person claiming under or in the right of Liquid Assets that:
         1. the Client will give to Liquid Assets a true, complete, accurate and current description of the Goods on the deposit documents;
         2. the Client is the owner of the Goods or is otherwise lawfully entitled to place the Goods in Liquid Assets possession for storage, packaging delivery or re-delivery;
         3. the Goods are not subject to any encumbrance or right of any third party which would or might prevent the Client placing the Goods in Liquid Assets possession on the conditions contained in this Agreement for any period;
         4. all customs, excise, duties and tax (“Taxes”) payable in respect of the Goods will be paid in full by the Client before they are placed with Liquid Assets and Liquid Assets shall not be liable for any failure to pay any Taxes in relation to the Goods and if any such Taxes are levied by the proper authorities on Liquid Assets, the said Taxes will be immediately paid by the client and the client hereby undertakes to indemnify and keep indemnified Liquid Assets against any and all liability for such Taxes;
         5. the Goods will not be or include illegal, dangerous, inflammable, corrosive, explosive, volatile, offensive or aerosol items or substances (collectively “Dangerous Goods”); and
         6. the Client will keep Liquid Assets advised of the Client’s current address, telephone numbers and email addresses.
      2. Indemnity: The Client will indemnify Liquid Assets against all costs, claims, demands, suits, taxes and damages whatsoever and howsoever arising out of any breach of the warranties set out in this condition.
   9. INSURANCE
      1. All Goods shall be stored and carried by Liquid Assets at the Client’s risk in all things.
      2. Goods will not be insured by Liquid Assets in its own right.
      3. The Client shall be responsible for insuring the Goods against all risks, which insurance shall take account of these conditions.
      4. If the Client insures Goods through an insurance broker introduced by Liquid Assets (“the Broker”) then, even though Liquid Assets may receive a commission for referring the Client to the Broker or for arranging the insurance, for all purposes related to the storage and carriage of Goods, Liquid Assets shall be deemed to have no knowledge of the terms, conditions and quantum of any insurance and shall not in any way be liable to the Client in respect of any matter relating to insurance of Goods.
   10. USE OF THE FACILITY
       1. The Client shall have no right to enter any secure area of the Facility without Liquid Assets’ consent and then only in accordance with the access procedures published by Liquid Assets from time to time.
   11. CELLAR RECORDS
       1. Where Liquid Assets has agreed to maintain “cellar records” of Goods stored at the Facility, Liquid Assets only warrants the accuracy of those records where the Client has requested it to provide its full cataloguing service, but otherwise Liquid Assets will provide the Client with records in accordance with information provided by the Client as to the number of Cartons or Pallets placed with Liquid Assets by the Client from time to time.
   12. SECURITY AND INSPECTION OF GOODS
       1. Subject to these conditions and to any express or implied instructions by the Client to the contrary from time to time, Cartons will not be opened by Liquid Assets other than at the request of the Client.
       2. Liquid Assets may open cartons at its discretion to determine the accuracy of the deposit documents or to determine dangerous goods
       3. Despite anything contained in the preceding conditions, where circumstances require, in the exercise of its absolute discretion, Liquid Assets shall be entitled to open and repack wine where cartons are broken damaged or un-stackable and shall further be entitled to open any sealed Carton in which Goods are placed and open and peruse any document accompanying or associated with Goods to determine the nature, condition or ownership of Goods.
   13. DANGEROUS GOODS AND REPACKAGING OF GOODS
       1. Dangerous Goods: If in Liquid Assets’ opinion Goods are or are liable to become Dangerous Goods, Liquid Assets may at any time destroy, dispose of, abandon or render the Goods harmless without liability or compensation to the Client and without prejudice to Liquid Assets’ right to any charges under these Conditions.
       2. Damaged Cartons: If Cartons are damaged or otherwise require replacement from time to time, Liquid Assets may, in the exercise of its absolute discretion, repackage Goods in LA Cardboard Carton.
       3. Client’s Indemnity: The Client agrees to indemnify Liquid Assets, its Directors, employees, agents and contractors against all damages, costs, expenses, claims, demands and loss including legal costs of any kind suffered by any person including Liquid Assets which is wholly or partly attributable to or arising out of acceptance, storage, transport and delivery of Goods which may be Dangerous Goods or which may cause damage to any person or property during the course of their storage transport or delivery.
   14. DELIVERY AND PICK UP OF GOODS
       1. Liquid Assets is not a common carrier and in the exercise of its absolute discretion, may at any time refuse the transport or carriage of Goods for any person or the transport or carriage of any class of Goods or any particular Goods.
       2. Despite any specific instructions given by the Client as to the mode of carriage of Goods, in the exercise of its absolute discretion Liquid Assets may carry Goods or have them carried by sub-contractors and by any means.
       3. Delivery charges shall be considered earned whether or not Goods are delivered to any nominated consignee and whether damaged or otherwise.
       4. If:
          1. a consignee named in the Client’s delivery instructions is not in attendance at the address specified in the delivery instructions during normal business hours or at a time specified for delivery by the Client; or
          2. Liquid Assets arrives to effect delivery at a consignee’s premises and for any reason outside Liquid Assets’ control, Liquid Assets is unable to effect delivery at the time of arrival at the consignees premises,
             the Client will be obliged to pay to Liquid Assets on demand an additional charge for the time of any delay in effecting delivery and for every additional trip made to effect delivery at the consignee’s premises.
             For the purposes of this Clause the expression “effect delivery” means delivery at a consignees premises where a person over the age of eighteen (18) years representing the consignee receives the Goods and signs a delivery receipt for the Goods. Any person at the delivery address who appears to be over eighteen years and who receives the Goods will deemed to be authorised to receive the goods in accordance with the Clients delivery instructions.
       5. The Client undertakes to indemnify Liquid Assets in respect of any liability whatsoever and howsoever arising (including, without limiting the foregoing, from negligence or breach of contract or wilful act or default of the Client or others) in connection with the Goods to any person (other than the Client) who claims to have, who has or who may hereafter have, any interest in the Goods or any part thereof.
       6. The Client authorises Liquid Assets, with any other party, to undertake the carriage, transport, storage and packaging of the Goods and any such parties shall be entitled to the benefit of these conditions to the same extent as Liquid Assets. In so far as it may be necessary to ensure that such other party is so entitled, Liquid Assets is deemed to have entered this contract on its own behalf and for its own benefit and also as agent and trustee for any such other party and any such arrangements are deemed to have been ratified by the Client.
       7. The Goods are deemed to be in transit notwithstanding that the carriage of the Goods may have been interrupted by the carrier and/or may have been diverted from the usual route for such carriage.
       8. Liquid Assets reserves the right to use, or may use, any methods of carriage for the Goods at its absolute discretion including, without limitation, road, rail, sea or air and the Client is deemed to have authorised such methods. It is the responsibility of the Client to comply with all applicable laws relating to the description of Goods for carriage. Liquid Assets shall to the extent permitted by law not be liable to the Client or to any other person for any loss, damage or expense due to the Client’s failure to comply with any such laws relating to the description of Goods for carriage, storage and packaging.
       9. Liquid Assets delivery service described as “Next Day” delivery service in the Schedule of Charges- Logistics applies only to the defined Melbourne Central Business District. Liquid Assets will use its best endeavours to deliver Goods on the next day after receiving delivery instructions from the Client but is under no obligation to do so and will not be liable in any manner to the Client for its failure to deliver on the day following receipt of delivery instructions from the Client.
       10. If for any reason Liquid Assets is required to deliver Goods back to the Client after storage or handling of the Goods the Client will pay to Liquid Assets the charges for delivery of the goods from the storage location to Liquid Assets loading bay as set out in the Schedule of Charges together with all other storage, handling and transport charges applicable to the Goods and all discounts previously applicable to such Goods in storage shall be voided and of no effect as from the date of commencement of storage of those Goods.
       11. Proof of delivery of Goods to the designated consignee shall be deemed to be satisfied where Liquid Assets holds a signed receipt for the Goods from any person apparently over the age of eighteen years and apparently belonging to such place. Liquid Assets shall not be obliged to retain a delivery receipt for the Clients Goods for more than three (3) months after delivery of the Goods by Liquid Assets to the consignees premises and delivery will be deemed to have been effected by Liquid Assets without production of a delivery receipt where a period of three months has elapsed since the date of delivery.
       12. Liquid Assets may refuse to load cartons or pallets onto delivery vehicles where Liquid Assets staff determine that such loading would or would likely to be a safety risk to any persons or property. Any such refusal or determination shall be at the absolute discretion of Liquid Assets staff and Liquid Assets shall not be liable to the Client or to any person claiming through the Client for any loss or damage suffered as a result of such refusal or determination
   15. LIMITATION OF LIABILITY
       1. Liquid Assets shall not be liable for any loss or damage to the Goods arising out of any transporting, packaging, storing or handling of the Goods, whether in transit or otherwise.
       2. To the full extent allowed by law, Liquid Assets shall not be liable in any way to any person for, and is expressly released by the Client from, any liability for:
          1. any loss, deterioration, contamination or evaporation of or any damage to Goods while in Liquid Assets’ possession or control;
          2. any failure to deliver Goods at a time or to a place specified by the Client or at all; and
          3. any direct, indirect, incidental, special or consequential loss or damage suffered by any person arising out of the matters referred to in paragraphs (a) and (b)
             even if the alleged liability arises out of any negligence or any breach of contract by Liquid Assets.
       3. To the full extent allowed by law, any conditions or warranties which are imposed or implied by any Law in relation to the storage, packaging or carriage of Goods which are adverse to Liquid Assets are hereby excluded and to the extent that they cannot by any law or Statute be excluded, then Liquid Assets’ obligations shall be limited to the supply of its services again or payment for the supply of those services.
       4. If by operation of law, Liquid Assets is held liable in any way to any person for any of the matters referred to in conditions 15.1 and 15.2, Liquid Assets’ liability shall be limited to $250 in total in respect of the whole of the Client’s Goods irrespective of the number of individual Cartons stored or carried by Liquid Assets or the actual value of Goods.
   16. LIEN
       1. No title: Save for the Lien referred to in this Clause 16, Liquid Assets has no right, title or interest in any of the Goods.
       2. Lien: Liquid Assets shall have a lien on all Goods and any documents relating to them for all sums payable by the Client to Liquid Assets.
       3. Exercising Lien: For the purpose of exercising its lien as provided in clause 16.2 Liquid Assets shall have the right to sell the Clients Goods by public auction or private treaty on giving not less than 14 days notice to the Client. The notice is deemed to have occurred by Liquid Assets sending an email to the client of their last registered email address or the client’s last known home address.
       4. Passing title under lien: By depositing its Goods with Liquid Assets for storage or delivery the Client expressly acknowledges granting to Liquid Assets full and sufficient legal and beneficial ownership of the goods to enable Liquid Assets to pass good title to the Goods to any purchaser buying the Goods from Liquid Assets in the event of Liquid Assets exercising its lien hereunder.
   17. WEB SITE USAGE
       1. Liquid Assets will issue to the Client an access code to the Liquid Asset Web Site, consisting of a client/user name and a password.
       2. The Client will be solely responsible for keeping the access code secure against all unauthorised users;
       3. Liquid Assets may terminate the Clients access to and or use of the secure area of the Liquid Asset Web Site at any time, without notice to the Client, if in its opinion:
          1. the access codes have been used, or are likely to be used, in a way that will or is likely to cause confidential information belonging to Liquid Assets or any of its clients to be released; or
          2. the Client has exceeded the payment terms; or
          3. if any information provided by the client is incomplete or inaccurate; or
          4. if Liquid Assets determines, in its sole discretion, that the Client has contravened or is likely to contravene any of the provisions of Clauses 17.5 or 17.11 below.
          5. The Clients right to use the Liquid Asset Web Site is personal to the Client and can not be transferred to any other party without the express written agreement of Liquid Assets.
          6. The Client undertakes not to use or allow to be used the Liquid Asset Web Site:
             1. to receive, store, display, send or publish any material which is offensive, abusive, indecent, defamatory, obscene, menacing, racially or ethnically abusive or discriminatory;
             2. to receive, store, display, send or publish any material in breach of confidence;
             3. to receive, store, display, send or publish any material which is harmful to minors in any way;
             4. to receive, store, display, send or publish any material that infringes the intellectual property rights, privacy, public or any other rights of any third party
             5. to cause annoyance, inconvenience or needless anxiety to any person;
             6. in breach of any applicable law, regulation or code;
             7. to send unsolicited or unauthorised advertising, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation; or
             8. in a manner which is otherwise unlawful.
          7. All instructions orders or directions placed by the Client through the Liquid Assets Website are subject to confirmation and acceptance by Liquid Assets.
          8. Liquid Assets does not make, and expressly disclaims, any representation or warranty that:
             1. Its computers and systems are and will remain free from viruses or other code or instruction that may cause damage to computers, software or computer systems; and
             2. Its computers and systems will operate without interruption of service; and
             3. The Online Data is an accurate record of the Clients cellar record information.
          9. Liquid Assets shall not be liable for any loss or damage sustained by the Client as a result of any interruption of service or any virus or other code or instruction causing damage to computers, software or computer systems and shall not be liable for any unauthorised access to or loss of client information on the Liquid Assets Website.
          10. The Client acknowledges that:
          11. all copyright, trademarks and other intellectual property rights in and/or relating to the Liquid Assets Website and the services provided by Liquid Assets through the Liquid Assets Website (the Intellectual Property) are owned by or licensed to Liquid Assets; and
              1. all trademarks, brands and names appearing on the Liquid Assets Website, not owned by or licensed to Liquid Assets, are the property of their respective owners and that nothing in these Terms and Conditions or on Liquid Assets Website is intended to grant any express or implied right to the Client to use or exploit any patent, copyright, trademark or trade secret information
          12. The Client shall not use the Intellectual Property except in the manner provided in these Terms and Conditions and, subject to the Copyright Act 1968 (Cth.), the Client shall not, in any form or by any means.
              1. copy, adapt, reproduce, broadcast, store, transmit, distribute, print, publish or create derivative works from any information or material on the Liquid Assets Website;
              2. alter, recompile, disassemble, reverse engineer or modify any material or information that the Client receives from the Liquid Assets Website which can be accessed through the Liquid Assets Website; or
              3. other than for the purposes of this Agreement, use or apply, for commercial purposes any material or information on the Liquid Assets Website without the prior written consent of Liquid Assets.
          13. To the full extent allowed by law, Liquid Assets shall not be liable in any way to any person for, and is expressly released by the Client from, any liability in contract tort or otherwise to the Client or any other party in respect of any loss or damage (including without limitation direct, indirect, incidental, special or consequential loss, economic loss or loss of other contracts, loss of profit or revenue, business interruption, loss of programs or other data relating to the Clients information or information handling system or costs of replacement goods) arising out of the use of or reliance on the materials or information presented on the Liquid Assets Website , any inaccuracy or error or omission from any part of the Website or other services or the Clients inability to use the Website or the other services and information contained therein, even if Liquid Assets was expressly advised of the possibility of such loss or damage.
          14. Nothing in these Terms and Conditions is to be taken as excluding or modifying any condition warranty or other obligation where to do so would be unlawful by operation of law under any applicable legislation, and if Liquid Assets is held liable in any way to any person for any breach of such condition warranty or other obligation, including any consequential loss the client may sustain or incur, then Liquid Assets sole liability shall be limited to $250 in total in respect of the whole of the Client’s Goods irrespective of the number of individual Cartons stored or carried by Liquid Assets or the actual value of Goods.
   18. GENERAL
       1. Communication: Without derogating from any other method of service allowed by law, any notice, demand or other communication sent to the Client by post to the last address given to Liquid Assets or email address given to Liquid Assets by the Client shall be deemed to be received by the Client in the ordinary course of post.
       2. Waiver: The failure, delay, relaxation or indulgence on the part of Liquid Assets in exercising any of its powers or rights under these Terms and Conditions does not operate as a waiver of that power or right nor does any single exercise of any power or right preclude any other or further exercise of it or the exercise of any other power or right under these terms and conditions and shall not under any circumstances be deemed a waiver of any subsequent breach of these Terms and Conditions by the Client.
       3. Severance- conflict: If for any reason any provision of these conditions shall conflict with any mandatory provision of any Law, then the conflicting condition shall be severed or modified to the extent necessary to bring it within the provisions of the Law and, when so modified, these conditions shall continue in full force and effect.
       4. Severance- invalidity: If any provision of these Terms and Conditions is invalid and not enforceable in accordance with its terms, other provisions which are self-sustaining and capable of separate enforcement without regard to the invalid provision, are and continue to be valid and enforceable in accordance with their terms.
       5. Proper Law: The proper law of these conditions is the law of Victoria and unless otherwise agreed by Liquid Assets, the Courts of Victoria have exclusive jurisdiction to deal with all matters arising out of these conditions.
       6. Variations: Liquid Assets shall not be bound by any variation to these terms and conditions unless the variation is in writing, signed on behalf of Liquid Assets by its duly authorised officer.
       7. Non-Exclusions: Where a provision herein or part thereof purports to exclude, restrict or modify a provision of the Trade Practices Act (Commonwealth), the Fair Trading Act (Victoria) or any similar Act of an Australian state or territory which may apply to these terms and conditions or anyone or more of them which by reason of any such Act cannot be excluded, restricted or modified such provision or part thereof, after being modified where possible in accordance with clause 18.3 hereof, shall be deemed to be deleted here from and any contract arising herein shall continue in full as though such provision or part thereof so deleted had never been incorporated herein.