Terms and Conditions |

GENERAL TERMS AND CONDITIONS OF SALE 1. This contract governs the supply of any goods by Veneer Panels Pty Ltd to any customer. These general terms and conditions of sale shall apply to all contracts for the sale of goods entered into between Veneer Panels Pty Ltd and its customers, whether or not a quotation has been provided by Veneer Panels Pty Ltd ("The Contract"). 2.1 The property of all goods shall remain vested in Veneer Panels Pty Ltd and shall not pass to the customer until the customer has paid the purchase price in full, plus GST where applicable. 2.2 The customer shall not dispose of the goods and shall remain in bailee of the goods on behalf of Veneer Panels Pty Ltd. Furthermore, the customer shall not dispose of the goods without the consent in writing of Veneer Panels Pty Ltd until the purchase price has been paid in full. 2.3 Should the customer dispose of the goods without the full consent of Veneer panels Pty Ltd, the proceeds of any such sale shall be paid into a separate account by the customer in the name of Veneer Panels Pty Ltd for the full price of the goods. 2.4 Should the customer default in payment to Veneer Panels Pty Ltd for such goods then Veneer Panels Pty Ltd shall be entitled to re-take possession of such goods as are the subject of the sale. 3. Veneer Panels Pty Ltd shall not be bound by any terms and conditions contained in its customer's order or any terms and conditions which the customer normally uses or has printed on the back or front of any purchase order, purchase form or similar document which are at variance within derogation from or additional to the conditions herein contained and the customer acknowledges that it will be bound by the above conditions of sale notwithstanding anything to the contract in any such order, purchase order, purchase form delivered by the customer to Veneer Panels Pty Ltd in respect of the goods the subject of this contract. 4 Subject to Condition 5, the selling price shall be:- (a) where a written quotation has been provided, the price specified in the quotation. (b) in any other case Veneer Panels Pty Ltd's ruling selling price current date of dispatch. 5. The customer acknowledges that selling prices whether or not specified in a quotation, are subject always to fluctuations in international monetary exchange rates and import duties, and the imposition of or fluctuation of other duties, levies and or taxes. Selling prices do not include applicable sales tax or any other governmental imposts not specified in the quotations, whether payable in Australia or elsewhere. If such taxes or imposts are levied they shall be paid by the customer. 6. Veneer Panels Pty Ltd shall not be liable in any way for delay, failure in inability to supply and/or deliver caused directly or indirectly by event or matter whatsoever beyond Veneer Panels Pty Ltd's control, or whether due to Veneer Panels Pty Ltd's negligence or otherwise. A delay and/or failure to deliver shall not be construed as a breach of the Contract. The customer agrees that the delivery date shall be subject to such extensions of time as may be reasonable in the circumstances. 7. Notwithstanding anything herein contained, these general terms and conditions shall not be interpreted so as to exclude, restrict, modify or limit the application (if any) of all or any of the non-excludable provision of Part II of the Consumer Transactions Act 1972 as amended (South Australia) or of corresponding legislation in other States or Territories, or Part V Division 2 of 2A of the Trade Practices Act 1974, or the exercise of any rights conferred on the such provisions shall be limited in the circumstances permitted by the aforesaid legislation to the replacement of goods. Product supplied by Veneer Panels P/L is warranted to be free from defects in materials and workmanship. Any such defects must be reported to us within 10 days of date of delivery. During this warranty period we will repair, or at our option , replace, free of charge, such merchandise as shall prove to be defective. This warranty does not apply to damage resulting from accident, alteration, misuse, tampering, negligence or abuse. Incidental and consequential damages are specifically disclaimed. All other warranties (including any warranty of merchantability or fitness for any particular purpose) are hereby excluded. The foregoing shall constitute the sole remedy of the customer. 8. The Contract shall in all respects be governed by and construed in accordance with the laws of the State of South Australia and the customer and Veneer Panels Pty Ltd agree that any dispute from or pertaining to the Contract shall be submitted to the courts of South Australia for resolution. 9. Any provision in the preceding conditions which is not applicable or which is repugnant to the general interpretation hereof or which is invalid, unlawful, void or unenforceable shall be capable of severance without affecting any other of the conditions and obligations hereof. 10. Terms of payment are 30 days from date of statement unless other terms are agreed to by Veneer Panels Pty Ltd in writing by way of quotation, contract or advice. 11. The customer shall pay all costs (including legal and agent fees) incurred by Veneer Panels Pty Ltd in relation to any recovery or attempted recovery of any overdue monies or goods from the customer. |



VENEER PANELS PTY. LTD |