In these Terms and Conditions of Sale 15Four Pty. Ltd. is referred to as “15Four” and the purchaser of the goods is referred to as the “Buyer”.

1. Any order placed by the Buyer is deemed to be an order incorporating these Terms and Conditions of Sale notwithstanding any inconsistencies which may be introduced in the Buyers order or acceptance unless expressly agreed to by 15Four in writing.

2.Payment for the goods shall be made by a method acceptable to 15Four and shall be received at the office of 15Four as specified within 14 days of delivery of the goods except for account customers when payment shall be made within 30 days of the delivery of the goods. A late payment penalty of 10% will be applied to all outstanding amounts on a monthly basis. All fees and charges incurred by 15FOUR in relation to accounts being referred to a debt collection agency or service will be applied to the outstanding account.

3.Delivery of the goods shall take effect and be deemed to take effect upon the passing of physical custody of the goods from 15Four to the Buyer, it’s servants or agents. Any carrier of the goods shall be deemed to be an agent of the Buyer.

4.The property in the goods remains with 15Four until full payment for the goods has been received. If the goods are first to be manufactured or assembled by 15Four it is agreed that when completed and before delivery they shall be then appropriated to the contract.

5.Not withstanding anything in Clause 3 and 4 above, the risk in the goods shall pass to the Buyer immediately upon the goods leaving the physical custody of 15Four.

6.The date of delivery specified overleaf is an estimate only. While 15Four will take all reasonable steps to meet that date no liability shall attach to 15Four for any damage whether direct or consequential suffered by the Buyer or any other person by reason of the failure of 15Four to have available for delivery the goods by the date specified.

7.There shall be no implied conditions or warranties relating to the title, encumbrances , quality, fitness for purpose, correspondence with sample or description or any like matter except those implied by the provisions of the Trade Practices Act 1974 as amended and the Goods Act 1958 as amended by any similar enactment.

8.So far as there shall be any breach of the conditions or warranty so implied then the liability arising out of such breach shall be limited to the repair or replacement of the goods and all other liabilities are expressly excluded and particularly 15Four will not be liable for the payment of the cost of the Buyer or of a third party investigating any defect in the goods or repairing or replacing the goods nor will 15Four be liable for any other loss of any nature whatsoever occasioned by the customer, it’s servants or agents or any other party howsoever arising.

9.No claim will be recognized unless made to 15Four in writing within 14 days following the receipt of goods and accompanied by delivery docket stating original invoice number, date of purchase and reason for return. Non-standard items shall not be credited. Inward freight packing and delivery charges shall be paid by the Buyer.

10.If the Buyer makes default in any payment commits an act of bankruptcy or enters into involuntary liquidation, 15Four may at it’s option withhold further deliveries or cancel the contract without prejudice to their rights there under.

11.The Buyer warrants that any design or instruction furnished to 15Four will not be such as will cause 15Four to infringe any Patent, registered design or trade mark in the execution of the Buyers order. The Buyer agrees to indemnify 15Four against any infringement or unauthorized use of patent, trademark, design or copyright arising out of the use of the goods and it is specifically agreed that the sale and purchase of the goods does not confer on the buyer any license or right under any patent, trademark or copyright the property of 15Four.

12.All prices quoted are FOB ex. 15Four unless otherwise specified in writing. Should 15Four arrange delivery then all conditions shall prevail. Should the Buyer require freight insurance then 15Four must be advised prior to the shipment in writing and all costs will be at the Buyers expense.

13.All prices are subject to variation without notice to the Buyer in accordance with amongst other things, 15Four’s prevailing prices at the time of delivery. Prices given are based on quantity ordered and for any variation in quality 15Four reserves the right to adjust prices in accordance. For imported items prices are based on the prevailing exchange and duty rates and the prevailing overseas freight and insurance rates at the time of acceptance of order and are subject to any variation (increase or decrease) in these at the time of payment by 15Four.

14.Any variation in prices from suppliers to 15Four will be passed on direct to the Buyer.

15.Any quotation made by 15Four shall not be construed as an offer or obligation to sell and accordingly 15Four reserves the right to accept or reject at its discretion any order(s) which may be received by them.

16.All prices quoted exclude Goods and Services Tax (GST) where applicable. The rate of GST charged by 15Four will be the rate which is set by the Australian Government/ Taxation Office and is applicable at the time of supply. Should there be a variation required to the initial charge for any reason (including unintentional error) after the date of acceptance of the Buyers order, then the price of the goods and the amount payable by the Buyer shall be adjusted accordingly.

17.Orders accepted by 15Four cannot be cancelled by the Buyer prior to delivery except with the consent of 15Four. In the case of cancellation 15Four reserve the right to seek compensation from the Buyer against all loss which 15Four may suffer arising out of such cancellation.

18.The Buyer placing his order with 15Four accepts all 15Four’s conditions of sale and 15Four’s conditions of sale override the Buyers conditions of purchase.