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Terms and conditions for the purchase of goods and/or services

  1. Agreement

    1. The following terms and conditions define the general obligations and minimum requirements that apply when Feros Care purchases Goods and Services from a Supplier.
    2. Feros Care values the expertise and experience of Suppliers and has established processes to assist both Feros Care and the supplier and to ensure a respectful and mutually beneficial professional relationship is maintained.
    3. By delivering the Goods or performing the Services, the Supplier agrees to be bound by this Agreement.
    4. If there is any inconsistency between the Purchase Order and these terms and conditions, the Purchase Order prevails to the extent of that inconsistency.

  2. Definitions

    1. Unless specified otherwise, in this Agreement:
      Approval means any licence, permit, consent, authorisation, registration or other requirement (and any conditions attached to any of them) that is required or must be satisfied to perform the Services or deliver the Goods.

      Background IP means any intellectual property rights of the Supplier or a third party which existed prior to the parties’ entry into this Agreement or were developed independently of this Agreement.

      Business Day means 8:30am to 5:00pm AEDT Monday to Friday, excluding public holidays.

      Supplier’s Obligation mean all of the Supplier’s obligations under this Agreement, including the supply of the deliverables.

      Deliverables means Goods, Services or Goods and Services as described in the Purchase Order.

      Feros Care means Feros Care (ABN 50 104 452 271) and/or Wommin Bay Hostels (ABN 91 062 546 365).

      Feros Care Property means any asset, property, data or information provided by Feros Care (including any vehicles, materials, goods, plant or equipment, know how, intellectual property rights or personal information).

      Goods means the articles good/s material or parts thereof to be delivered by the Supplier as described in the Purchase Order.

      Good Industry Practice means the standard of skill, care, diligence and workmanship that would be exercised by a skilled person who is experienced in providing services of a similar nature as the Services and in a manner that (at the time the service was provided) was widely accepted in Australia by peer professional opinion as competent professional practice.

      GST means the tax imposed or to be imposed under A New Tax System (Goods and Services Tac) Act 1999 (as amended) and any related imposition Acts of the Commonwealth, or any Act in substitute for them.

      Including means ‘including without limitation’.

      Laws means all relevant laws, regulations, other statutory instruments, proclamations or Approvals of any applicable jurisdiction, including the Aged Care Act 1997 (Cth), Quality of Care Principles 2014; User Rights Principles 2014; and Accountability Principles 2014.

      Personnel means: (a) in respect of the Supplier a director, officer, an employee, agent, volunteer or subcontractor of the Supplier; and (b) in respect of Feros Care its directors, officers, employees and subcontractors (except the Supplier).

      Privacy Act means the Privacy Act 1988 (Cth) and relevant State/Territory privacy legislation.

      Purchase Order means that document marked as such and issued by Feros Care whereon are included an order number, name of the Supplier and details of the quantity, description and price of the Deliverables together with the delivery date, delivery instructions and delivery address as applicable.

      Regulatory Authority means any government or judicial entity, or other body that has powers or jurisdiction under any Laws over a party or any act relating to this Agreement.

      Related Body Corporate has the meaning given to that term in the Corporations Act 2001 (Cth).

      Service means the service or services to be performed by the Supplier as described in the Purchase Order.

      Service Delivery Plan means a program of Services, either direct and/or indirect care, developed by Feros Care to meet the needs of a Client.

      Supplier means the person, business, firm or corporation identified in the Purchase Order who is to deliver the Deliverables to Feros Care and includes any Personnel of the Supplier.

      Taxes means taxes, imposts, levies, withholdings or duties of any nature (including excise and customs duties).

  3. Performance and Quality

    1. The Supplier acknowledges that Feros Care relies on the Supplier’s skill and expertise to perform the Supplier’s Obligations.
    2. Feros Care recognises that Suppliers are engaged to provide expert and technically competent advice and services and as such, are expected to know how to manage risk particular to the Deliverables being provided.
    3. The Supplier must provide the Deliverables in accordance with the terms of this Agreement and must: (a) meet the highest integrity, professional and ethical standards; (b) comply with Good Industry Practice; (c) comply with the Purchase Order; (d) ensure that Services are performed in a safe, dignified, reliable and environmentally sound manner; (e) ensure the Deliverables are provided without unnecessary or unreasonable delays; (f) ensure the Deliverables are provided in accordance with all relevant Laws; (g) provide all things and take effective measures to protect people, property and environment; (h) not cause or contribute to the injury or death of any person, property damage or loss or environmental damage; (i) prevent unnecessary noise, disturbance or interference with others; (j) not act in a manner which damages or is likely to damage Feros Care’s brand, goodwill or reputation; and (k) observe and adhere to any reasonable directions given by Feros Care in connection with this Agreement.
    4. In accordance with the requirements of the Feros Care quality processes, the performance of the Supplier will be analysed at intervals in accordance with the length of the Agreement, the risk of the activities being undertaken, and Deliverables being provided. The analysis may include, but will not be limited to the following: (a) value for money; (b) reliability; (c) planning and communication; (d) safety performance including incidents and incident reporting; (e) environmental performance (if applicable); (f) internal and external feedback including compliments and complaints; (g) quality of work; (h) quality of goods and/or materials supplied; and (i) compliance with the requirements of the Agreement.

  4. Quotes

    1. Any quotation of the Deliverables given by the Supplier to Feros Care shall not bind Feros Care, unless accepted as hereinafter set out. All prices included in a quotation shall be fixed and include all applicable levies, taxes (including GST), duties, insurance, delivery and packing costs.

  5. Purchase Orders

    1. Feros Care may issue the Supplier with a Purchase Order to provide Deliverables in accordance with this Agreement. For the avoidance of doubt, this Agreement is non-exclusive and there is no obligation upon Feros Care to provide a Purchase Order during the term of this Agreement.
    2. The Supplier may elect to accept to reject the Purchase Order from Feros Care.
    3. Unless a Purchase Order is rejected by the Supplier by notice in writing to Feros Care within one (1) Business Day of receipt of the Purchase Order, the Purchase Order shall be deemed to have been accepted by the Supplier where upon an Agreement for the provision of Deliverables set out in the Purchase Order shall be deemed to have been entered into. If the Supplier commences the provision of the Deliverables, the Supplier shall be deemed to have accepted the Purchase Order and the Terms and Conditions of this Agreement, notwithstanding any failure to provide written acceptance of this Agreement.
    4. Feros Care may cancel or reduce the quantity of Deliverables ordered in any Purchase Order in agreement with the Supplier prior to deliver.
    5. Feros Care will not pay the Supplier for Deliverables that have not been requested by Feros Care via a Purchase Order or do not match details requested in the Purchase Order.

  6. Price

    1. Feros Care may agree to vary the prices payable for the Deliverables, provided the Supplier gives Feros Care not less than one (1) month’s prior written notice of any requested variation.
    2. Feros Care is at no time obliged to consider or accept such request or any retrospective claims.
    3. Any variation to the prices, if agreed by Feros Care in writing, will only become effective one (1) month after receipt of the Supplier’s notice.
    4. The Price of the Deliverables includes: (a) All taxes (including GST), levies, duties and other imposts for which the Supplier is liable; (b) All insurance, packaging and delivery costs; (c) All amounts payable for the use thereof (whether in the course of manufacture or use of the patents, copyright, registered designs, trademarks and other intellectual property rights); (d) All charges to supply the Goods or the performance of the Services; and (e.) No extra charges for testing, inspection, packing, delivery or otherwise.

  7. Delivery, Acceptance and Inspection

    1. The delivery of all Goods and the performance of all Services must be made at the time, place, date and in the manner specified in the Purchase Order must be strictly adhered to and time shall be deemed to be of the essence in that respect.
    2. Feros Care may reasonably specify in writing to the Supplier another time, place or manner for delivery for performance, in which case that other time, place or manner applies in place of that stated in the Purchase Order.
    3. If the Deliverables are not provided on time, then Feros Care may terminate the Agreement whereupon any monies previously paid by Feros Care on account of the Deliverables shall be immediately refunded in full and Feros Care shall be released from any further obligation or liability.
    4. If the Supplier provides the Deliverables at a later date, then the Supplier agrees that Feros Care is entitled to reject same and hold the Deliverables at the Supplier’s risk for the Supplier’s instructions or return the Deliverables at the Supplier’s expense.
    5. If the provision of the Deliverable is expected to be hindered or delayed by any cause beyond the Suppliers reasonable control and the Supplier immediately notifies Feros Care as to the same, a corresponding extension to the delivery date will be granted by Feros Care in which to provide the Deliverables UNLESS Feros Care advised the Supplier that Feros Care has no option other than to purchase like-Deliverables from another supplier during this period due to the quantity of Deliverables in Feros Care control and its business needs.
    6. Where the quantity of Deliverables provided is greater than the amount specified in the Purchase Order, Feros Care may return excess quantities to the Supplier at the Supplier’s expense.
    7. Signing a delivery document or payment for the Deliverables shall not mean that Feros Care has accepted the quality or quantity of the Deliverables.
    8. Deliverables are subject to inspection within a reasonable time after delivery of the Goods or completion of the Services and approval by Feros Care thereafter where:
      1. Goods – (a) Feros Care may inspect the Goods at any time prior to acceptance and reject any Goods found not to be in accordance with the Agreement. After acceptance Feros Care may reject any Goods for any non-conformity with the Agreement not discovered by reasonable inspection before acceptance; (b) Feros Care will not be liable to pay for any rejected goods or for any damage or costs arising from inspection or rejection of Goods. (c) If Feros Care rejects any Goods, the Supplier must, without prejudice to Feros Care’s rights otherwise arising under the Contract of the general law, comply with a requirement of Feros Care to: (d) Replace, without cost to Feros Care, the rejected Goods with goods complying in all respects with the Agreement; (e) Refund any payment for the rejected Goods; or (f) Repair the Goods, on site or otherwise, to the satisfaction of Feros Care and (d) For (a) or (b), remove the rejected Goods at the Supplier’s expense. (g) Without additional cost to Feros Care, the Supplier must provide access to premises and all other necessary assistance for Feros Cares representatives to inspect the manufacture of the Goods. (h) If Feros Care requires the Supplier to submit samples of the Goods, the Supplier must not proceed to bulk manufacture until Feros Care has approved the samples;
      2. Services – (a) Feros Care may inspect the performance and outcome of the Services at any time and for that purpose the Supplier must, at reasonable times, give Feros Care’s representatives access to the premises at which the Services are being performed. If there is a defect in the performance of the Services or the Services are not complete, Feros Care may by notice require the Supplier to remedy the defect, or complete the Services, at no additional cost to Feros Care.  If the Services do not meet their purpose or are not in accordance with the Agreement, Feros Care may by notice require the Supplier to redo the Services at no additional cost to Feros Care.  Where the Supplier fails to remedy the defect in the performance of the Services, complete the Services, or redo the Services, within 14 days after notification by Feros Care under this clause, Feros Care may perform or have performed the necessary work and recover the cost from the Supplier without prejudice to any other rights or remedies Feros Care may have.
      3. No inspection, approval or receipt shall relieve the Supplier of any of its obligations under this Agreement.

  8. Transportation and Packing

    1. The Supplier shall pack the Deliverables in accordance with any requirements specified in the Purchase Order and, if none are specified, then in a manner suitable for transportation and which shall ensure their safe delivery undamaged to the delivery address set out in the Purchase Order. Where the Deliverables comprise food and/or beverage products then same must be packaged and delivered in accordance with the relevant requirements for the transportation of such goods within the relevant jurisdiction.

  9. HALAL Certification

    1. Where the Goods are food and/or beverages, if required by Feros Care, the Supplier must provide evidence to Feros Care that the Supplier is currently accredited by a reputable Halal certification authority.

  10. Warranties

    1. The Supplier must provide to Feros Care or hold for Feros Care’s benefit any warranty offered by a manufacturer in respect of the Deliverables and if Feros Care requires, produce written evidence of any such manufacturer’s warranty and our entitlement under it.
    2. The Supplier warrants and guarantees that upon delivery and (where applicable) during the manufacturer’s warranty period the Deliverables will; (a) be new, safe, of good and acceptable quality and fit for the purpose for which they are required, intended or commonly supplied; (b) confirm to their description, applicable specifications, all relevant Australian Standards and the requirements of the Agreement; (c) be free of defects in design, materials and workmanship and acceptable in appearance and finish; and (d) where the Deliverables comprise food and/or beverage products, be safe for consumption. These warranties are in addition to any other warranties or service guarantees given by the Supplier or implied by law.
    3. Where the Deliverables comprise Services, the Supplier warrants and guarantees that the Services will be rendered with due care and skill.
    4. If the Supplier becomes aware or Feros Care notifies the Supplier that the Deliverables in whole or in part fail to comply with the warranties given under the Agreement, the Supplier must, without prejudice to any other rights of Feros Care, promptly (at Feros care’s option); (a) remedy that failure (including replacing or resupplying the Deliverables); (b) provide to Feros Care a full refund of the price paid for the Deliverables; or (c) deduct in accordance with Feros Care’s directions the price paid for the Deliverables from any amounts owing to the Supplier.

  11. Workplace Health and Safety

    1. Each party must in relation to this Agreement and in providing Deliverables act in a manner which is safe to Personnel, other Suppliers and the public.
    2. Each party will use their reasonable endeavours to assess work, health and safety risks associated with this Agreement and communicate any issues of concern to the other party.
    3. The Supplier retains health and safety obligations, where they have control over the conduct of their work, to their Personnel or others who may be affected by their acts or omissions.
    4. The Supplier is required to understand and comply with their obligations under relevant sections of the Work Health and Safety legislation and any other Act, Regulation or Standard that pertains to work or supply carried out e.g. Health, Aged Care, Food Safety, Poisons, Workers Compensation, Dangerous Goods and Electrical Safety legislation and standards (where applicable).
    5. The Supplier must; (a) comply with all obligations imposed on it by law including any relevant workplace health and safety legislation; (b) ensure that when using Feros Care premises or facilities occupied or utilised by Feros Care, comply with all Feros Care directions, procedures and policies from time to time relating to workplace health and safety, security or otherwise in relation to the use of and access to the Feros Care premises or in regard to any facilities on the Feros Care premises; (c) ensure that no injury or damage is caused to persons or property; (d) ensure that no trespass to property is committed, arising out of or in connection with the Agreement, by it or any of its Personnel; (e) ensure that where chemicals are included in or used in connection with the supply of the Deliverables, the Supplier must provide to Feros Care in respect of each chemical product a material safety data sheet (MSDS); and (f) ensure that where appropriate, they supply adequate health and safety information concerning goods included in or used in connection with the Deliverables and ensure that the goods will be safe when properly used, supplied, maintained and stored and at all times keep Feros Care informed of all relevant information which becomes known to the Supplier concerning the use, supply, maintenance and storing of any such goods.

  12. Invoicing and Payments

    1. All Deliverables must be provided with a tax invoice or delivery docket upon which shall be included the following details: (a) date invoice is generated; (b) Purchase Order number; (c) Invoice Number; (d) full particulars of the Deliverables supplied, including quantity, unit cost and total amount due; (e) any applicable freight or other charges separately itemised; and (f) any tax included in each goods or service separately itemised.
    2. Within five (5) business days of the end of the month in which the Deliverables were provided, the Supplier must send a tax invoice to Feros Care at [email protected].
    3. Feros Care will pay all monies due to the Supplier on 30 day Creditor payment terms (unless otherwise agreed). Payment will be paid into the Supplier’s nominated back account.
    4. If Feros Care disputes a tax invoice, it will notify the Supplier of the dispute and may withhold payment of the disputed amount until the dispute is resolved. The Supplier may issue a credit note for the disputed amount.

  13. Title and Risk

    1. All Feros Care Property remains the property of Feros Care or its third party suppliers or customers.
    2. The Supplier must: (a) take reasonable care of Feros Care Property (including in the preservation and handling of it); (b) take all necessary steps to ensure Feros Care Property is protected against misuse, damage, loss and unauthorised access; (c) comply with all requests or directions of Feros Care in relation to the management of the Feros Care Property; (d) use Feros Care Property for the sole purpose of performing its obligations under this Agreement; and (e) return Feros Care Property to Feros Care immediately upon the termination of this Agreement or upon demand at the Supplier’s cost.

  14. Taxes

    1. Subject to clause 14.2, the Supplier will be solely liable for payment of all applicable Taxes, which arise in connection with, or apply to, the Deliverables or any payments made under this Agreement.
    2. The supplier of a Taxable Supply will add the prevailing rate of GST onto all Taxable Supplies made in connection with this Agreement, and the Recipient agrees to pay that GST following receipt of a Tax Invoice from the supplier of a Taxable Supply. The GST applicable to any Taxable Supplies made in connection with this Agreement is payable at the same time as the Consideration for those Supplies.
    3. If Feros Care is required, in its opinion, to withhold any amount in respect of tax from a payment to be made to the Supplier under this Agreement, it is entitled to do so, and such withholding and payment to the relevant taxing authority will be a good discharge of its obligation to pay the relevant amount to the Supplier.

  15. Insurance

    1. Feros Care does not provide insurance or workers compensation for a Supplier or their Personnel.
    2. The Supplier must maintain at least the following insurances (where applicable) with insurers properly licensed to issue such insurance in Australia: (a) workers’ compensation insurance in accordance with such legislation in the state which the Supplier is domiciled and the Services are to be performed; (b) third party products and public liability insurance covering liability for death or bodily injury (including illness) and loss of or damage to property for not less than $10,000,000, per occurrence and in the aggregate per annum; and (c) professional indemnity insurance providing a minimum cover of $10,000,000 per occurrence and in the aggregate for all claims for each 12 month policy period with one right of reinstatement in respect of the Services.
    3. The Supplier agrees to maintain any insurance written on a ‘claims made’ basis, including but not limited to clause 15.2(c) during the term of this Agreement and for at least seven years following the expiry or termination of this Agreement.
    4. The Supplier must, prior to the commencement of this Agreement and from time to time, provide Feros Care with certificates of currency for the insurances described in clause 15.2 if so requested by Feros Care.
    5. If the insurance required under clause 15.2 expires during the term of the Agreement, the Supplier must send renewed certificates of currency to Feros Care within 28 days following the expiry of any such certificates.

  16. Licences, Permits and Payment of Personnel

    1. The Supplier warrants and represents that at all times during the term of the Agreement; (a) it shall hold all necessary and applicable qualifications and professional registrations, licences, certificates and permits and satisfy applicable regulatory requirements in order to provide the Deliverables; and (b) all Personnel of the Supplier shall be paid in accordance with applicable laws, awards and enterprise agreements (including the payment of overtime and penalty rates where applicable) and are allowed to work in Australia.
    2. The Supplier agrees to provide, immediately upon request, proof that such obligations have been compelled with and grants to Feros Care (upon giving reasonable prior notice) a right of access to the Supplier’s records (including copies of all visas obtained from its Personnel) in order to conduct an audit to ensure compliance.
    3. In the event that the Supplier is held liable for payment of any penalties of fines as a consequence of the Supplier’s breach of its representations and obligations under this clause, the Supplier indemnifies Feros Care from and against such payment and any costs of losses the Supplier incurs as a consequence of such breach.

  17. Indemnity

    1. The Supplier indemnifies each of Feros Care and Feros Care’s Personnel upon demand against any and all loss, claim, suit, action, proceeding, damage, liability, cost or expense (including legal costs and third party claims against Feros Care and/or a member of Feros Care’s Personnel) arising directly or indirectly in connection with: (a) death and injury to any person and any loss of or damage to any property caused, or contributed to, by the Supplier and/or the Supplier’s Personnel; (b) the Supplier’s breach of this Agreement; (c) any negligence or act of fraud or wilful misconduct of the Supplier or the Supplier’s Personnel; (d) any Taxes, arising out of the Supplier’s non-payment of any amount, breach of this Agreement or failure to comply with any Laws; and (e) Feros Care failing to withhold an amount in respect of Tax from any payment it makes to the Supplier.
    2. The indemnity in clause 17.1 excludes loss or liability caused by Feros Care (to the extent of its contribution).

  18. Business Conduct and Gratuity

    1. The Supplier must not, and must ensure that its Personnel do not, in connection with this Agreement, receive, make, promise or offer any payment, gift, intangible benefit, or other tangible benefit or other thing of value to any official of a Regulatory Authority (or other person) in order to improperly or illegally obtain or retain business or to secure an improper advantage.
    2. The Supplier must not: (a) obtain any goods or services originating from any country against which the Australian Government has imposed economic sanctions (Prohibited Country); or (b) deal with any person or entity that the Australian Government has listed as a prohibited or denied person, or that is resident of, incorporated or organised under the laws of, or performs services in, a Prohibited Country.
    3. The Supplier must do all things necessary to allow Feros Care to comply with anti-slavery laws and if required undertake investigations of the Supplier’s supply chains and provide reports to Feros Care on the Supplier’s supply chains and the outcomes of those investigations.

  19. Advertising

    1. The Supplier will not without first obtaining Feros Care’s prior written consent in any manner advertise or publish the fact the Supplier has contracted with Feros Care for the provision of the Deliverables.

  20. Intellectual Property

    1. The Supplier grants (and must procure any relevant third party grant) to Feros Care a non-exclusive, perpetual, irrevocable, transferable and royalty-free licence (including the right to sub-license) to use (including modify and develop) such Background IP as is required to install, enjoy, exploit, dispose of or utilise any Service.
    2. All Developed IP vests in Feros Care upon creation.
    3. The Supplier must not infringe the intellectual property rights, misappropriate any trade secret or breach the confidence of any person or entity in connection with this Agreement.

  21. Confidentiality

    1. All information concerning Feros Care, including our staff is strictly confidential. All dealings are to be treated with dignity, privacy and respect.
    2. All information supplied by Feros Care to the Supplier prior to entering into the Agreement or as part of forming the Agreement which is marked “confidential” or could reasonably be deemed to be confidential in nature must not be disclosed by the Supplier to any other person unless Feros Care first agrees to such disclosure or same is required by law.
    3. The Supplier must keep confidential the provisions of this Agreement and any information provided to it by Feros Care and unless such information was already known to the Supplier before the time of disclosure to it or the information becomes generally available to the public (other than through breach of any confidentiality obligation on the Supplier), except as required by law, court order or any Regulatory Authority.
    4. On the termination or expiry of this Agreement the Supplier must either return to Feros Care or destroy any information provided to it by Feros Care that is in the possession or control of the Supplier or its Personnel.

  22. Privacy

    1. The Supplier must make sure that its Personnel: (a) comply with the Privacy Act in respect of all personal information (as defined in the Privacy Act) that is collected, held, used, disclosed and otherwise handled by them; and (b) ensure that the personal information is not transferred, or able to be accessed by persons outside Australia without Feros Care’s prior written consent.
    2. Feros Care may collect, hold, use and disclose personal information about the Supplier or their Personnel in connection with this Agreement. For more information on how Feros Care manages personal information, refer to the Feros Care website.

  23. Investigations, Audits and information

    1. Feros Care may investigate, seek the Supplier to investigate, or participate in any investigation the Supplier undertakes, relating to this Agreement, the Deliverables, the Supplier’s work, health, safety and environmental performance, or any accident, injury, incident or complaint related to this Agreement.
    2. The Supplier grants to Feros Care a right to access (and to take copies of) all its records, the Personnel and premises relating to this Agreement (excluding confidential information of other clients) at reasonable hours and on reasonable notice to audit such records and all transactions relating to this Agreement.
    3. The Supplier must immediately (a) notify Feros Care if it becomes aware of a breach of this Agreement; and (b) provide such information in respect of its compliance with Laws including work, health, safety, privacy, environment and security requirements as is reasonably requested by Feros Care.

  24. Excluded Loss

    1. To the extent permitted by law, Feros Care is not liable under or in connection with this Agreement (including for negligence) to the Supplier or any Personnel, howsoever arising, for any indirect or consequential losses including: (a) loss of Agreement, profit or revenue; (b) loss of, or damage to, reputation, credit rating or goodwill; (c) overheads or wasted expenditure; (d) financing costs; (e) special, incidental or punitive damages; or (f) any loss or damage arising from special circumstances that are outside the ordinary course of things.

  25. Assignment and Subcontracting

    1. The Supplier must not, without the consent in writing of Feros Care, assign its rights under this Agreement or subcontract any part of the performance of the Agreement.
    2. Feros Care may assign, novate, transfer, encumber, pledge or otherwise dispose of or deal with any of its rights or obligations under this Agreement by written notice to the Supplier.

  26. Governing Law

    1. This Agreement is governed by the laws in place in Queensland, Australia. Each party submits to the exclusive jurisdiction of the courts of Queensland, Australia.

  27. General

    1. Words importing the singular meaning include the plural and vice versa, any reference to a “person” includes a corporation and words importing one gender import all others.
    2. References to any legislation or to any provision of any legislation shall include any modification or re-enactment, or any legislation or legislative provision substituted for or corresponding or similar to, and all legislative and statutory instruments issued under such legislation or such provision.
    3. A reference to a party to a document includes that party’s legal personal representatives, heirs, executors, administrators, beneficiaries, successors and permitted assigns.
    4. “Including” and other similar words are not words of limitation.
    5. This Agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous drafts, agreements, arrangements and understandings, whether written or oral, relating to its subject matter.
    6. No variation of this Agreement will be of any force or effect unless it is in writing and signed by the parties.
    7. Nothing in this Agreement will constitute or be construed to constitute a party as the partner, agent, employee or representative of any other party or to create any trust relationship between them.
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