Terms of service

1. These terms and conditions (T&Cs) apply to purchase plants and containers from Rentokil Initial Pty Ltd, trading as Ambius (Sales)

2. Sales: The Client purchases the plants and any related items in accordance with these terms and conditions for the agreed price. Risks in the items purchased pass to the Client upon delivery and title to the items passes to the Client upon full payment.

3. Payments: The Client agrees to pay the fees specified in this agreement. Payment for Sales is upfront when placing an order. The invoiced amount must be paid in full without deduction or set-off.

4. Acceptance: The Client’s acceptance of these T&Cs is confirmed by placing an order.

5. Responsibility of Ambius: Ambius agrees it will sell the plants and containers to the Client free of any claims by third parties.

6. Responsibility of the Client:

The Client agrees to promptly notify Ambius:

(a) if access is unavailable for delivery of the goods; and

(b) of any hazards at the Client’s premises that may present a risk to any personnel.The Client agrees to eliminate or minimise these risks.

7. Delivery Delays: If the Client (for any reason) is unable to take delivery of the Displays within twenty one (28) days of the placement of an order, or such other date as may be agreed upon, then the Client must reimburse Ambius any extra costs including storage and transport incurred by Ambius as a result of that delay.

8. Force Majeure: Ambius shall not be responsible for failure to meet any contractual obligations if the failure results directly or indirectly from a cause beyond its control.

9. Anti-Bribery: The Client and Ambius agree:

they will not (nor allow anyone acting on their behalf) to offer, give, request or accept any undue financial or other advantage of any kind in any way connected with entry into this agreement; and
they will each comply with all applicable laws relating to bribery and corruption in connection with this agreement.

Any failure to comply with this clause 9 entitles a party to terminate this agreement by notice to the other party.

10. Cancellation of Order by Ambius: Ambius may cancel an order at any time. If an order is cancelled, the Client is entitled to a refund or credit.

11. Privacy: The Client authorizes Ambius, its employees and related entities, subject to compliance with applicable privacy legislation to use and disclose

the personal information of the Client for any purposes connected with this agreement or otherwise in accordance with Rentokil Initial Privacy Policy which can be accessed at www.ambiusindoorplants.com.au. This use includes communicating offers to the customer about products and services from Rentokil Initial. The Client has the option to opt out of receiving the information at any time.

12. Entire Agreement: Except for variations agreed in writing, these T&Cs supersedes and replaces all previous agreements between the parties in relation to plants and services and contains the entire agreement between them as to its subject matter. To the extent permitted by law, Ambius expressly excludes all warranties, guarantees, representations and conditions except as may be made by it in writing to the Client.

13. Liability: To the extent permitted by law:-

(a) Ambius will not be liable for any loss of profits or revenue, loss of business, wasted expenditure or any form of indirect or consequential loss arising out of or in connection with this agreement, or the sale of any goods.

(b) Where a claim relates to a guarantee or warranty under consumer laws, Ambius’ total aggregate liability to the Client under or in relation to this agreement (including in contract, negligence, tort or any common law or statutory right) is limited at Ambius’ option to the resupply of the goods or the cost of resupply of the goods.

(c) In all other circumstances, the liability of Ambius to the Client (including in contract, negligence, tort or any common law or statutory right) will not exceed the fees received by Ambius from the Client pursuant to this agreement.

14. General:

This agreement may only be amended in writing signed by both parties.
A reference to ‘writing’ or ‘written’ includes electronic mail.
If any provision of this agreement is illegal, invalid, or unenforceable, it may be severed without affecting the enforceability of the other provisions.
The parties agree that this agreement shall be governed by the law of the state where the customer is located.