I'm about to have an air conditioning system installed and the supplier has sent me the the invoice for the deposit, along with a contract which seems to me (as a lay person) to be incredibly severe, indemnifying the supplier in almost every conceivable way while giving them no responsibilities whatsoever except for those already enforced by Australian consumer law.
One of the sections is particularly unbelievable to me:
Security and Charge
14.1 In consideration of the Supplier agreeing to supply the Goods, the Client charges all of its rights, title and interest (whether joint or several) in any land, realty or other assets capable of being charged, owned by the Client either now or in the future, to secure the performance by the Client of its obligations under these terms and conditions (including, but not limited to, the payment of any money).
14.2 The Client indemnifies the Supplier from and against all the Supplier’s costs and disbursements including legal costs on a solicitor and own client basis incurred in exercising the Supplier’s rights under this clause.
14.3 The Client irrevocably appoints the Supplier and each director of the Supplier as the Client’s true and lawful attorney/s to perform all necessary acts to give effect to the provisions of this clause 14 including, but not limited to, signing any document on the Client’s behalf.
I have googled some of the text and it appears to be pretty common.
I don't completely understand the use of the word "charge" here, but am I correct in interpreting this to mean that the supplier can claim my assets if I fail to fulfill my responsibilities, and that if I have a dispute with them, I can't have my own legal representation because I've agreed that the supplier will be my attorney, and that - most egregiously - the supplier can write whatever they want and then sign it on my behalf?
I mean, is it even legal (in Australia or elsewhere) to make such an absurd contract? It seems like they may as well have said "you agree that we automatically win any dispute you have with us".