Common use of Application of this contract Clause in Contracts

Application of this contract. 18.1 You agree that We are entitled to assign, transfer and/or subcontract Our obligations under this contract without Your consent, and that You can only assign, transfer and/or subcontract Your rights under this contract with Our prior written consent. 18.2 Any timeframe for delivery or installation of the Solar Equipment is, unless otherwise agreed in writing, an estimate only and is not of the essence to this contract. 18.3 Any notice required to be given under this contract must be in writing and is deemed to be properly given if left at, sent by prepaid letter or emailed to the last known address of the recipient. 18.4 We may change any of the terms of this contract, remove existing terms, or add new terms into this contract, at Our discretion. We can do this without obtaining Your consent. We will try to notify You of any change at least 10 Working Days' before the change takes effect and, in any event, within five Working Days of the day on which the change takes effect. In exercising Our rights under this clause, We will not try to make any changes to this contract that would breach any consumer protection legislation in New Zealand, including the Consumer Guarantees Act 1993 and/or the Fair Trading Act 1986. 18.5 Where any term of this contract is expressed to be for the benefit of the Vector Group, that term is intended to confer a benefit on the relevant member, enforceable under the Contracts (Privity) Act 1982. 18.6 If any term or provision of this contract is found by a court of competent jurisdiction to be invalid, illegal, or otherwise unenforceable, such invalidity, illegality or unenforceability will not affect the other terms or provisions of this contract, or the whole of this contract, and such term or provision will be deemed modified to the extent necessary in the court’s opinion to make such term or provision enforceable, and the rights and obligations of the parties will be construed and enforced accordingly, preserving to the maximum permissible extent the intent and agreements of the parties set out in this contract. 18.7 This contract and the terms and conditions of the Competition represent the entire agreement between You and Us, in respect of the matters covered by it. It overrides all previous agreements in respect of those matters. 18.8 No waiver of any breach of this contract will be deemed to be a waiver of any other or any later breach. The failure of either party to enforce any term of this contract at any time will not be interpreted as a waiver of that term or any other terms. 18.9 This contract may be signed electronically and may be signed in a number of different copies/counterparts all of which constitute one and the same instrument. 18.10 You consent to Us sending You other notices and communications in relation to this contract, in electronic form and by electronic communication (if applicable). 18.11 Some compulsory laws apply to this contract, including some which restrict how We can exercise Our rights under this contract. We must comply with those laws. They prevail over the terms of this contract. 18.12 This contract is governed by New Zealand law.