1. Application and Contract

1.1 If you wish Art Accident Management to provide the services specified in clause 1.2 below to you (“Services”), you must complete and submit an Application. Art Accident Management will, in its absolute discretion, determine whether to approve your Application. If your Application is approved, a contract (“Contract”) is formed on these standard conditions for the provision of the Services.

1.2 The Services are:

- to assess the damage to your vehicle;

- to arrange and authorise repairs to your vehicle (and instruct repairers about such repairs);

- to ensure the repairs are completed to your satisfaction;and

- to arrange a hire vehicle for you.

2. General obligations

2.1 Art Accident Management must provide any Services in accordance with the requirements of the Contract and any legal requirements applicable to the Services.

2.2 You shall provide reasonable assistance to Art Accident Management to enable it to carry out the Services efficiently, including any evidence and documentation related to the accident the subject of theServices.

2.3 You shall sign and abide by all appropriate documentation with any third parties, such as the hire or rental agreement for the hire vehicle and any contract with the repairer.

2.4 The parties acknowledge that Art Accident Management is liable to pay the repairer, the hire vehicle provider and the assessor.

2.5 You are liable for any GST, stamp duties and other costs and taxes of a similar kind arising under or in connection with this Contract and you indemnify Art Accident Management for any liability it has in respect of such taxes or costs.

2.6 The parties acknowledge that Art Accident Management is paid in respect of the Services by third parties, such as the repairers and other parties, and that you are not required to pay for the Services (subject to you complying with your obligations under this Contract and providing full and accurate information to ArtAccident Management).

3. Exclusion of Liability

3.1 Notwithstanding any other provision of the Contract, Art Accident Management shall have no liability whatsoever to you in respect of the Services, including for loss of use, profit, revenue, business, reputation or anticipated benefit or saving, or for any delay or for or for any special, indirect or consequential loss or damage.

4. Termination

4.1 Without limiting any other rights it may have, a party (the “notifying party”) may give a written notice to the other party (the “defaulting party”) in the event that the defaulting party commits a material breach of the Contract (being a breach going to the root of the Contract). Such notice must state (i) the alleged breach, (ii) the period in which the defaulting party is required to remedy that breach.

4.2 If the defaulting party fails to remedy the breach within the required period, the notifying party may, immediately by written notice to the defaulting party, terminate the Contract.

5. General

5.1 If any provision or part of any provision of the Contract is invalid, illegal or unenforceable, such provision or part thereof shall be severed from the Contract and the remainder shall continue in full force and effect.

5.2 Each party shall keep confidential all information and documentation related to the Contract and the Services.

5.3 The Contract shall be governed by the law of Victoria, Australia and the parties agree to submit to the jurisdiction of the courts of Victoria and any courts having appellate jurisdiction from them.

5.4 The parties acknowledge and agree that Art Accident Management provides the Services to you as an independent contractor. Nothing in this Contract creates an employment, agency, joint venture or partnership relationship between Art Accident Management and you.