Trade Account Application

1. These terms and this agreement applies to all transactions between us. Other documents relating to our transactions will include any specific terms and conditions.

2. You agree to pay the entire price on our invoice without set-off or counterclaim within 30 days from the date the products the subject of the invoice are delivered to the delivery address. This is an essential term of this agreement.

3. If you must make a payment or do any other thing on or by a day that is not a business day you must make the payment or do the thing on or by the next business day.

4. Price means our fixed and published price or the amount agreed between us or the amount established by a course of dealing between us. The price unless otherwise agreed does not include delivery costs.

5. By accepting payment of any sum after its due date we do not waive our right either to require payments as they fall due or to suspend or end our arrangements.

1. You and any guarantor will be in default if you do not pay us when money is due for payment or fail to comply with any other obligation under our business arrangements.

2. If you are in default under our agreement we may send you a default notice. The notice will tell you what the default is and what you are required to do to correct the default. You will have 14 days to rectify the default.

3. If you do not comply with the default notice you become immediately liable to pay us all money owing with interest on that amount from the due date until payment at the rate of 10% per annum. In these circumstances, as title to the goods do not pass to you until we have been paid, we may repossess and sell the goods and apply the proceeds of the sale towards repayment of the money owed under the agreement.

4. You also agree to pay on default all costs and expenses incurred in exercising our rights of recovery from you and the guarantor if any and indemnify us against any losses resulting from the default.

5. On default in payment you irrevocably permit us or any person authorised by us in writing upon reasonable notice to enter your job site, premises or the premises where the goods are reasonably believed by us to be held on your behalf to enforce our rights under this agreement, including but not limited to, retaking possession and removing the goods from the job site or premises. You also agree to indemnify and hold us harmless for all third party claims and reasonable costs and expenses of recovery of the goods and losses if any on their resale.

6. You agree to sign documents or do all things necessary to perfect our rights under the agreement and appoint us as your attorney to sign any document or do anything that may reasonably be required to enforce our rights on default.

1. Title in the goods does not pass to you until we have received payment in full.

2. To protect our security interest in the goods until payment we may choose to register the agreement between us under the Personal Properties Securities Act 2009. You agree to do all things necessary to facilitate such registration. You agree that our security interest in the goods has priority over any general or unsecured creditors.

1. Definitions: a) PPSA refers to the Personal Property Securities Act 2009 (Cth); b)Terms in this clause have the same meaning as in the PPSA.

2. In consideration for supplying goods, you grant us a security interest or purchase money security interest (PMSI) in the goods and any proceeds from their sale, effective immediately. We may register a financing statement for any goods we will supply or have supplied.

3. You agree as follows: a) You must take all necessary steps to ensure our security interest or PMSI is enforceable and protected as a first-ranking security. b) the security interest or PMSI has attached or will attach to all goods supplied now or in the future to you when you take possession of the goods and that the attachment of the security interest or PMSI has not in any way been deferred or postponed from the date of this agreement. c) You are responsible for the costs of registering any financing statements. d) You waive the right to receive copies of notices or verification statements unless required by law. e) You must notify us of any attempt by others to register a financing statement on our goods. f) You must maintain any security interest or PMSI in the goods under the PPSA. g) Not to allow goods to become accessions or commingled without our written permission. h) To keep our goods separate from other suppliers' goods to ensure clear identification in case of insolvency. i) Not to take actions that could negatively impact our business or security position. j) If you become insolvent, your right to sell goods ceases immediately, and you must return all unpaid goods to us.

4. We agree that certain provisions of the PPSA do not apply to the enforcement of our security interest.

5. Both parties must keep PPSA-related information confidential unless otherwise authorised in writing.

1. Unless otherwise agreed, risk passes to you at the time we ship FOB our ordinary place of business to your specified location. You assume all responsibility for filing claims for damage against the carriers and other agents. You must insure the goods against loss or damage until payment has been made to us.

2. If any of the goods are damaged or destroyed after shipment you must direct the insurer to make payment to us of all insurance money payable in respect of the insurance claim made on the damaged or destroyed goods.

3. Insurance money received by us will be applied firstly against the outstanding price of the goods that are damaged or destroyed, secondly against the outstanding price of all goods supplied under the agreement, thirdly against the outstanding balance payable to us by you on any account under our agreements and fourthly in payment of any balance to you.

1. You represent and warrant to us that all information and representations that you, or any person acting on your behalf has given in connection with our transactions are true and correct and that you have not failed to disclose to us anything relevant to our decision to have dealings with you and that no court proceedings or dispute is current that may have an adverse effect on performing your obligations under this agreement.

1. Goods will be delivered to the delivery address you provide us and which is confirmed by us on the final invoice.

2. From time to time and for various reasons, goods may be delivered curb side. It is your responsibility to ensure your availability to secure the goods left curb side, as they are your responsibility upon delivery curb side.

3. Any delivery date or time we advise you is provided as an estimate only, and we are not liable for any damages due to delays or failure to deliver.

4. Acceptance of the goods must take place immediately following delivery and is established if you signify by words or conduct that the goods are conforming or that you retain them in spite of their nonconformity or deal with them in a way inconsistent with our ownership. You may reject them on good grounds after a reasonable opportunity to inspect them. The rejection must immediately be communicated to us with full particulars of the nonconformity. On acceptance if payment arrangements are in place then they must be honoured. If payment has been made then it will either be refunded by us or credited towards payment of replacement goods for the nonconforming goods.

5. Your right, as against us to retain or dispose of the goods or services delivered or supplied is conditional upon you honouring our payment arrangements.

1. When a dispute arises between us you agree to comply with our dispute resolution process. To this end a party with a complaint against the other is first required to notify the other of the dispute by giving written notice specifying the nature of the dispute, the outcome required and the action believed necessary under the circumstances that will assist both in settling the dispute.

2. Each party will then in good faith attempt to resolve the dispute by negotiation, and if the dispute in some aspect involves payment of money, the party withholding payment is required immediately upon receipt of the notice to deposit the disputed amount into an escrow account with instructions pertaining to the release of funds. Undisputed amounts must be paid forthwith.

1. Notices must be in writing and be given personally by Express or Registered Post with delivery confirmation or by facsimile transmission or email with receipt confirmation.

1. In consideration of us entering this agreement with you and supplying you goods from time to time, the guarantor guarantees your performance of your obligations under this agreement and indemnifies the us against any loss suffered or costs incurred as a result of any default by the you in your obligations under this agreement. The guarantor is jointly and severally liable with the you under this agreement and we can take action against the guarantor before, or at the same time as, taking action against you. This guarantee is binding on the guarantor, their executors, administrators, and assignees. If we assign any benefit under this agreement then this guarantee is available to the assignee. All guarantors shall be jointly and severally liable for performance of all of the terms, covenants, and conditions of this agreement.

2. You and the guarantors authorise us to exchange information about the creditworthiness of either yourself or the guarantors with any credit reporting agency at any time during the term of the agreement.