Terms and Conditions
1. Definitions & Interpretation
“Company” refers to Australian Airport Services (AustAirport).
“Customer” refers to any individual or entity that uses the Company’s services.
“Services” include GSE (Ground Support Equipment) leasing, maintenance, and any other airport/aviation solutions provided by the Company.
“GSE” refers to ground support equipment.
“Agreement” means the contract formed by these Terms and Conditions and any associated service documentation.
“Business Day” means a day other than a Saturday, Sunday, or public holiday in the applicable jurisdiction.
2. Application
These Terms and Conditions apply to all Services provided by the Company and supersede any previous agreement unless otherwise agreed in writing. Any Customer-proposed terms are explicitly rejected unless accepted in writing by the Company.
3. Use of Services & Obligations
The Customer agrees to comply with all relevant Australian laws, regulations, and any operational manuals or procedural documents provided by the Company.
The Customer must provide necessary information—including security procedures, contact details for emergencies, and any documentation like insurance or guarantees—upon request.
4. Bank Guarantees & Financial Security
The Company may require the Customer to provide a bank guarantee as financial security for anticipated charges, in a specified form and within a set timeframe.
The guarantee may be called upon for breaches of these Terms or failed payments.
5. Charges & Payment Terms
Fees are payable in accordance with the pricing schedule furnished by the Company or specified in the Agreement.
Unless otherwise stated, prices exclude GST and applicable taxes.
The Company may set off any amount it owes against amounts due from the Customer.
6. Liability, Indemnity & Insurance
The Customer must hold appropriate insurance (e.g., public liability, product liability, worker’s compensation) for operations involving GSE or other equipment.
The Customer agrees to indemnify the Company against any claim, loss, or damage arising from misuse of equipment, breach of law, or violation of these Terms, to the extent permitted under Australian Consumer Law.
Liability for indirect, special, or punitive losses may be limited where legally permissible.
7. Termination
The Company may terminate or modify Services at any time for convenience, or immediately in the event of the Customer’s breach, insolvency, or failure to rectify a breach within a specified period.
Upon termination, outstanding charges become payable immediately, and any pre-paid amounts may be forfeited or adjusted as per the Agreement.
8. Dispute Resolution
Both parties should attempt to resolve disputes amicably, for example via negotiation or mediation, before initiating court proceedings.
9. Confidentiality & Privacy
The Customer must not disclose or misuse any confidential or proprietary information they receive while using the Services.
All personal information must be handled in accordance with the Australian Privacy Principles under the Privacy Act 1988.
10. Force Majeure
Neither party will be liable for failure to perform obligations due to unforeseeable events beyond reasonable control (e.g., natural disasters, government orders), provided notice is given as soon as practicable.
11. Changes to These Terms
The Company may amend these Terms, notifying the Customer in advance via email or website, usually with a specified notice period (e.g., 21 days).
Continued use of Services after notification constitutes acceptance of the new Terms.
12. Governing Law
These Terms are governed by the laws of the relevant Australian state or territory where the Services are provided, with jurisdiction submitted to the relevant courts.