TERMS AND CONDITIONS

TERMS AND CONDITIONS OF SALE

In the following ‘you’ or ‘customer’ means the individual, partnership, company or corporation to whom good or services may be supplied. ‘We’ and ‘us’ mean No1 Roofing & Building Supplies Pty Ltd

ABN: 54 102 699 972.

These items of sale apply to all purchases of goods and services from us. Additional terms of sale apply to specific classes of goods and services.

These additional terms of sale may be attached to quotations, estimates, price lists and other documents and are also available on request.

By ordering goods and services from us, you agree that-

1. The price will be the price current at the time of delivery plus freight, handling and GST, unless otherwise agreed in writing.

2. we may request to have goods used for transport or packaging returned to us. You agree to release these goods if requested.

3. We own the goods until they are paid for. Goods supplied to you remain our property until we receive payment for all amounts you owe to us.

If your account is in default we have the right to enter your premises (or the premises of any associated company or agent) retake possession of the goods, without liability for trespass or damage.

If you resell the goods, or if you sell products manufactured using the goods, then you must keep the proceeds of the sale in a separate, identifiable account.

4. Goods are at your risk from the moment of delivery or collection. We are not liable for any claim or loss arising from the loading, transportation, or unloading of goods that you collected.

5. Warranties and representation.

Unless a specific warranty for particular goods is provided to you in writing, we warrant only that goods offered for sale will be generally similar to other goods of the same description displayed, advertised, or delivered on a different occasion.

To the fullest extent permitted by law, all terms, conditions, and warranties, statutory or otherwise, not expressly provided in these terms of sale, are excluded.

To the extent that any term, condition, or warranty not expressly provided in these terms of sale cannot be excluded due to the provisions of section 68A of the Trade Practices Act 1974 or any other statue, and we breach such term, condition, or warranty, or

• you make a claim as provided below and we agree that the goods were damaged or defective at the time of delivery, our liability is limited to replacing the goods or crediting you with the purchase price of the goods at our option.

6. Delivery.

We will deliver the goods to the delivery address shown on your order or specified by you. You are responsible for unloading the goods at your site, however, we may assist you by unloading the goods at the kerb side of the delivery address unless:

• You ask us to unload the goods elsewhere and

• You provide council-approved crossings over kerbs and footpaths,

• and The carrier is satisfied that access is safe and reasonable.

Times are not guaranteed. Any times given for delivery are estimates only and we shall not be liable for any costs resulting from a failure to meet delivery times.

The company also reserves the right to part deliver an order, part delivery of an order does not entitle the customer to repudiate or cancel the order. The customer shall not be entitled to withhold payment or any part thereof by reason of delay in delivery or dispatch of goods.

No responsibility will be taken by us for goods once delivered. Goods may be delivered to a site nominated by the customer and the customer is responsible for the security and condition of the goods immediately after delivery whether or not a representative of the customer or any other person is present to receive delivery.

We may charge waiting time if the carrier is delayed at your site for more than one hour for reasons beyond the carrier’s control. If the carrier cannot identify the site because the delivery address is inadequate the goods will be returned to store and you will be charged cartage.

You indemnify us and our carrier against any claim for damages resulting from the entry of the carrier’s vehicle onto the delivery site.

7. Claims.

We will consider a claim for credit if the claim relates to

• An error on our part in delivery or invoicing, or

• defects or damage affecting at least five percent by number of goods delivered. (Natural variation of fired clay products is not a defect). You must tell us about your claim by phone within 48hours of delivery and in writing within 7 days.

The goods must not be removed from stacks after delivery other than to inspect them.
we are not liable for any loss or damage you suffer as a result of our failure or delay in performing the contract.

8. Security.

By accepting these terms of sale you knowingly charge all real property in which you now or in future have any title or interest with the payment of all money which shall be owing by you to us from time to time and you now consent to the lodging by us of a caveats which note our interest in that real property.

9. Storage of goods.

Goods left at our premises for longer then 5 working days may be subject to storage fees. Furthermore, you indemnify us from any damage that may result to your goods due to your failure to collect and agree that you are liable to pay the full price for the goods regardless of condition.

10. Consent

Consent to us to obtain a consumer credit report bout the applicant under section 18K(l){b) Privacy Act and Commercial Credit information under section 18L(4) Privacy Act. Acknowledge that certain details about you as set out in section 18E(l) Privacy Act 1988 may be provided to credit reporting agencies at any time.

11. Defined Terms

Defined terms in this clause have the same meaning as given to them in the PPSA
The Supplier and the Applicant acknowledge that these Terms constitute a security Agreement and gives rise to a purchase Money Security Interest (PMSI) in favor of the supplier over the goods supplied or to be supplied to the applicant as granter pursuant to these terms and that the goods supplied or to be supplied under these terms fall within the PPSA classification of “other Goods”

The supplier and the Applicant acknowledge that the supplier as secured party, is entitled to register its security interest in the goods supplied or to be supplied to the applicant as grantor under these terms on the PPSR as collateral.

To the extent permissible at law, the Applicant :

(a) waives its right to receive notification of or a copy of any verification Statement confirming registration of a Financing Statement or a Financing Charge S Statement relating to a security interest granted by the Applicant, as Granter, to the Supplier.

b) agrees to indemnify the supplier on demand for all costs and expenses, including legal costs and expenses on s solicitor / client basis. Associated with the (i) registration or amendment or discharge of any Financing Statement registered by or on behalf of the supplier, and (ii) enforcement of any Security Interest Granted to the Supplier by the Applicant

(c) agrees that nothing in sections 130 to 143 of the PPSA relating to enforcement by the Supplier of any Security Interest created or provided for herein will apply to these terms or the Security under the terms;

(d) waives any rights it may have under sections 95,123,130,132(4),135,142,143,129,132(3)(d), of the PPSA