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 Terms & Conditions
1. Application of conditions
        Supply Conditions
    1.1 The attached supply invoice is made on the basis of the conditions set out in this document. They may only be varied with written approval of the seller. They overide any inconsistent conditions in anty document or other communication used by the purchaser in relation to the contract of sale.
2. Delivery and installation
        When goods are to be delivered
    2.1 The seller will do its best to deliver the goods to the purchaserís premises or other premises which the purchaser nominates on the date specified in the invoice. If a delay is caused by something beyond te sellerís control, the delivery is extended accordingly. The seller is not liable for any damage or loss to the purchaser resulting from any delay in delivery.
3. Payment
        Payment
    3.1 The purchaser must pay the price in accordance with the Invoice.
        Goods remain property of seller until payment
    3.2 The goods remain the sellerís property until the price is paid. Until then, the purchaser is bailee of the goods. The purchaser must:
        3.2.1 keep them in his/her possession and control
        3.2.2 keep them in good repair and condition
        3.2.3 keep them stored separately and marked so that the goods are clearly and easily identifiable as the sellerís property and inform the seller of the location of the goods, if requested
        3.2.4 not sell, assign or let them or any interest in them, or permit any charge, pledge, lien or other encumbrance to be created in relation to them.
      What if purchaser disposes of goods?
    3.3 If the purchaser disposes of any of the goods while they remain the property of the sellar, or any of those goods become part of another product sold by the purchaser, the purchaser holds the proceeds on trust for the seller up to the amount it owes the seller in respect of those goods, and must immediately pay that amount to the seller.
4. Risk, insurance and damage
        Risk passes to purchaser on delivery
    4.1 The risk in the goods passes to the purchaser when theyare delivered or when they are trasferred to the purhcaserís transport.
        Purchaser must insure goods
    4.2 The purchaser must keep the goods insured on usual terms against all risks usually insured against for goods of that kind from the time the risk in the goods passes to the purchaser until the time the property in the goods passes to the purchaser. The purchaser holds the proceeds of that insurance on trust for the seller up to the amount it owes the seller in respect of those goods, and must immediately pay that amount to the seller.
        Damage discovered after delivery
    4.3 The seller will not be liable for damage discovered after delivery unless:
        4.3.1 The purchaser gives written notice to the seller and, if applicable, the sellerís carrier within 4 days after the date of delivery; and
        4.3.2 The purchaser gives the seller reasonable opportunity to inspect the goods in the same condition and place in which they were delivered.
        Sellerís liability for defective goods
    4.4 The seller is liable for a defect in goods it manufactures that arises from faulty design, materials or workmanship, but not from fair wear and tear. The seller is only liable if the defect appears after the date of delivery. In the case of goods not manufactured by the seller, the seller will give the purchaser the same benefit of any warranty as given to it by the manufacturer or supplier of goods to the extent that the seller is able to successfully claim under that warranty.
        Purchaser must deliver defective goods to seller
    4.5 The purchaser must deliver defective goods to the sellerís premises or other premises nominated by the seller within 7 days after the date when the defect is discovered.
        Exclusion or limitation or warranties
    4.6 All other conditions and warranties of any type in relation to the goods are excluded to the maximum extent allowed by the law. The liability of the seller for a breach of any condition or warranty implied by law is limited to any one or more of the following, a t the option of the seller:
        4.6.1 in the case of a breach relating to goods
               (a) the replacement of the goods or the supply of equivalent goods
               (b) the repair of the goods
               (c) the payment of the cost of replacing the goods or of acquiring equivalent goods
               (d) the payment of the cost of having the goods repaired.
        4.6.2 in the case of services
               (a) the resupply of the servies
               (b) the payment of the cost of having the services resupplied
        Seller indemnified if goods used improperly
    4.7 The purchaser will keep the seller indemnified against any loss, damage or liability arising from a use of the goods that is not in accordance with the sellerís instructions.
5. Default
        Purchaser must pay interest if payment not made on time
    5.1 The purchaser must pay the seller interest on any amount not paid on time. The interest will be the rate published under the Penalty Interest Rates Act plus 2%. It will be calculated daily and capitalised monthly unless otherwise agreed upon by the seller and purchaser.
        Sellerís right to repossession and suspension of delivery
    5.2 If the purchaer fails to pay on time, the seller has the right to enter the purchaserís premises and repossess the goods. The seller is not liable for any loss, damage or liability suffered. The sellar is entitled to keep or sell the repossessed goods. The seller is also entitled to suspend any other delivery to the purchaser. The purchaser remains bound by its obligations to the seller.
        Sellerís right to end contract
    5.3 The seller may by written notice to the purchaser end the contract of sale immediately in any of the following circumstances:
        5.3.1 the purchaser fails to perform any of its obligations under the contract of sale.
        5.3.2 the pruchaser being a corporation becomes insolvent, or ceases, or indicates that it is about to cease, to carry on business
        5.3.3 anything happens that reasonably indicates that there is a significant risk that the purchaser is or will become unable to pay debts as they fall due. This includes execution or distress being levied against any income or assets of the purchaser; or any guarantor; a meeting of the purchaerís creditors being called or held; a step being taken to place the purchaser under administration; and the pruchaser entering into any type of arrangement with, or assignment for the benefit of, all or any class of its creditors, or being subject to a deed of company arrangement.
        5.3.4 a step is taken to have receiver, receiver and manager, provisional liquidator, liquidator or administrator appointed to that person or any of its assets.
        5.3.5 The guarantors or any one of them becomes bankrupt or insolvent under administration.
        Sellerís rights if it ends contract
    5.4 If the contract is ended because of the purchaserís default and the purchaser owes the seller money:
        5.4.1 the money becomes payable immediately to the seller and bears interest in accordance with clause 5.1
        5.4.2 the seller is entitled to enter the purchaserís premises and repossess any of the goods in the purchaserís possession or control
        Sellerís rights if unable to perform
    5.5 If the sellerís ability to perform its obligations under the contract of sale is adversely affected by:
        5.5.1 war
        5.5.2 strike
        5.5.3 trade dispute
        5.5.4 damage to plant or machinery
        5.5.5 shortage of any material or labour; or
        5.5.6 any cause beyond the sellerís control. The seller may, if it chooses, end the contract of sale or suspend if for up to 3 months by giving the purchaser written notice. The seller will not be liable for any loss, damage or liability which the purchaser incurs.
        Sellerís other rights and remedies
    5.6 The rights and remedies provided in clauses 5.3, 5.4 and 5.5 will not affect any other rights or remedies available to the seller.
6. Guarantorís obligations
    6.1 The Guarantors do hereby jointly and severally guarantee each of the obligations of the purchaser as set out in this agreement
    6.2 The guarantors do hereby indemnify the seller against any and all losses claims demand suits or actions that they may incur by reason of the breach by the purchaser of any of its obligations.
7. Miscellaneous
        Assignment
    7.1 Neither party may assign any right under the contract of sale without the other partyís written consent.
        Cancellation
    7.2 An order may only be cancelled with the sellerís written consent. The seller is entitled to charge 30% of the price for the goods as a condition of consent.
        Description of goods
    7.3 The description of the goods specified in the invoice is given for identification only and does not create a contract of sale by description.
        Governing law
    7.4 The contract of sale is governed by the law of the State of Victoria.
        Severability
    7.5 If a clause or part of a clasue can be read in a way that makes it illegal, unenforceable or invalid, but can also be read in a way that makes it legal, enforceable and valid, it must be read in the latter way. If any clause or part of a clause is illegal, unenforceable or invalid, that clause or part is to be treated as removed from this document, but the rest of this document is not affected.
        Waiver
    7.6 The fact that either party fails to do, or delays in doing, something is entitled to do under the contract of sale, does not amount to a waiver of its right to do it. Any waiver must be in writing. A written waiver by [the client] is only effective in relation to the particular obligation or breach in respect of which it is given. It is not to be taken as an implied waiver of any other obligation or breach; or as an implied waiver of that obligation or breach in relation to any other occasion.
8. Charge
    8.1 Each of the purchasers and each of the guarantors does hereby charge all of their respective right title and interest in any real estate asset owned by them in the State of Victoria in favour of the seller for the purpose of better security any obligation that has arisen or may hereafter arise under the terms of this agreement.
    8.2 Each of the purchaser and each of the Guarantors does hereby acknowledge that the seller shall be at liberty to lodge a caveat in the office of the Registrar of Titles to secure the charge hereby granted.
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