Terms and Conditions

Any term or condition of this contract which infringes any legislation whether State or Federal shall be severable from this contract without affecting the remaining terms and conditions.

1. DEFINITIONS

"The Company" means Queensland Industrial Supplies Ltd Trading as Q.I.S. Packaging.

"Credit Account" means an account by Queensland Industrial Supplies Pty Ltd for the supply of goods to the customer on credit payment terms.

"The Customer" means a person, firm or company purchasing the goods.

"The Goods" means the goods listed on the fact of a Quotation or otherwise ordered by the customer for supply by Queensland Industrial Supplies Pty Ltd.

"The Purchase Price" means the price for the supply of the Goods.

"Quotation" means a written quotation provided by Queensland Industrial Supplies Pty. Ltd trading as Q.I.S. Packaging to the customer for the supply of goods.

2. DELIVERY

The obligations of Queensland Industrial Supplies Pty Ltd pursuant to the Contract shall be deemed to be complete when:-

(a) In the case of goods sold where Queensland Industrial Supplies Pty Ltd is not to make delivery, when they are made available for collection by the Customer; and

(b) In the case of goods sold or where Queensland Industrial Supplies Pty Ltd is to make delivery, when such goods are so delivered.

3. TITLE AND RISK

3.1 Risk in the goods shall pass to the customer at the time when the obligations of Queensland Industrial Supplies Pty Ltd pursuant to the contract are deemed, under clause 2 to be completed.

3.2 Irrespective of the time when risk in the goods shall pass, passing of property and title in the goods shall be determined as follows:-

(a) Property and title in the goods shall remain with the said Queensland Industrial Supplies Pty Ltd until the customer has made payment in full of the purchase price (and any other monies owing hereunder);

(b) Pending payment in full of the purchase price, any other monies owing hereunder, the customer shall retain the goods upon its premises (within the State of Australia that supply is made) in a manner such that they are readily identifiable as the property of Queensland Industrial Supplies Pty Ltd.

(c) In the event that the customer defaults in payment of the purchase price or any other monies owing hereunder Queensland Industrial Supplies Pty Ltd and its employees or agents shall have the right to enter upon the customer’s premises or any other premises where the goods are known to be stored to repossess the goods, and for this purpose the customer shall grant all reasonable access, rights and the said Queensland Industrial Supplies Pty Ltd shall be entitled to do all things required to secure repossession. Upon repossession of any of the goods Queensland Industrial Supplies Pty Ltd shall thereafter be entitled, in its discretion, to re-sell the goods to any third party in which the customer shall not have any action whatsoever against Queensland Industrial Supplies Pty Ltd for breach of contract or otherwise.

(d) If the customer sells or otherwise disposes of the goods to a third party prior to making payment of the purchase price or any other monies owing hereunder, Queensland Industrial Supplies Pty Ltd shall be entitled to so much of the proceeds of such sale equivalent to the amount of monies owing to Queensland Industrial Supplies Pty Ltd by the customer.

3.3 The Customer hereby agrees with Queensland Industrial Supplies Pty Ltd that if the customer should make (a) new object(s) from the goods hereby sold or mixes the goods or if the said goods hereby sold in any way whatsoever becomes a constituent of (an) other object(s) Queensland Industrial Supplies Pty Ltd will be given ownership of this (these) new object(s) or surety of the full payment of the amount that the customer owes Queensland Industrial Supplies Pty Ltd.

3.3.1 To facilitate the aforementioned clause, the customer hereby agrees that ownership of the goods in question, whether finished or not, are to be transferred to Queensland Industrial Supplies Pty Ltd and that this transfer of ownership will be considered to have taken place through and at the moment of the single operation or event by which the goods are converted into (a) new object(s) or is mixed with or becomes a constituent of (an) other object. Until full payment of the amount the customer owes Queensland Industrial Supplies Pty Ltd , the Customer shall keep the object(s) in question for Queensland Industrial Supplies Pty Ltd in the customer’s capacity of fiduciary owner and shall store this (these) object(s) in such a way that it (they) can be recognized as such.

The Customer shall be entitled to sell the object(s) to a third party within the normal course of carrying on the customer’s business and to deliver them on the condition that if Queensland Industrial Supplies Pty Ltd requires, the customer for as long as he has not full discharged his debt to Queensland Industrial Supplies Pty Ltd shall vest in Queensland Industrial Supplies Pty Ltd any rights that the customer may have or otherwise accrue against the buyer emanating from the transaction.

3.4 In addition to any other monies payable by the customer to Queensland Industrial Supplies Pty Ltd pursuant to this agreement, Queensland Industrial Supplies Pty Ltd shall be entitled to charge for and recover from the customer on demand all costs, loss or damage incurred by Queensland Industrial Supplies Pty Ltd in exercising any of its rights pursuant to clause 1.2 above, including, but not limited to, the cost of storage, labour, transportation and administration costs at Queensland Industrial Supplies Pty Ltd’s prevailing commercial rates.

4. QUOTATIONS

All quotations are subject to withdrawal or variation at any time prior to acceptance of order. The Company also reserves the right to amend prices at any time for the undelivered portion of any order. Provided, however, that the Purchaser shall have the right to cancel such outstanding balance of an order within seven (7) days from the date or notification of an amendment to the price thereof.

QUEENSLAND INDUSTRIAL SUPPLIES PTY LTD

TRADING AS .Q.I.S. PACKAGING

TERMS AND CONDITIONS OF SALE

(CONTINUED)

5. OFFER AND ACCEPTANCE

Any quotation made by the Company is not an offer to sell and no order given in pursuance of any quotation shall bind the Company until accepted by it in writing. Unless otherwise agreed in writing all orders are subject to acceptance by the Company within 30 days of receipt by the Company of the Purchaser’s order and these terms and conditions shall be deemed to be incorporated in any agreement between the Company and the Purchaser. Any terms and conditions contained in any order offer acceptance or invoice of the Purchaser and all representations statements terms condition and warranties (whether implied by statute or otherwise) not embodied herein are expressly excluded to the fullest extent permitted by law.

6. DELIVERY DATES

6.1 Any date quoted for delivery is an estimate only and unless a guarantee shall have been given by the Company in writing providing for liquidated damages for failure to deliver by the quoted date the Company shall not be liable to the Purchaser for any loss or damage howsoever arising for failure to deliver on or before the quoted date. The purchaser shall accept and pay for goods if and when tendered notwithstanding any failure by the Company to deliver by the quoted date.

6.2 The Company reserves the right to deliver by installments. If delivery is made by installments the Purchaser shall not be entitled:

(i) to terminate or cancel the contract; or

(ii) to any loss or damage howsoever arising for failure by the Company to deliver any installment on or before the quoted date.

7. QUANTITY DELIVERED

Every endeavour will be made to deliver the correct quantity ordered, but, owing to the difficulties of producing exact quantities, the Company shall not be liable if the variation is plus or minus 20%. Any such variation shall be charged for or deducted pro rata.

8. CANCELLATION

Any order may only be cancelled by mutual agreement and in the event of such cancellation the Purchaser undertakes to reimburse and indemnify the Company for any costs expenses or charges incurred by the Company in preparation for and in the execution of an order which without limiting the generality thereof shall include an amount equal to fifty per centum of the net profit of the order had the order not been cancelled.

9. PAYMENT

Unless stated to the contrary on the face of this document, the whole of the purchase price is due immediately upon delivery of the goods to the Purchaser or the Purchaser’s agent and is payable on demand or, if no demand is made, within thirty (30) days from the end of the month in which the goods are delivered to the Purchaser, his carrier or agent. The Company reserves the right to charge interest at the rate of fifteen percent (15%) per annum calculated daily on any overdue amounts.

10. PRICE

10.1 Unless otherwise expressly agreed in writing the price of the goods shall be that price charged by the Company at the date of delivery plus the amount which the Company is required to pay on account of any excise, or GSTor any other taxes or charges which may be established or levied by any governmental authority (domestic or foreign) upon the goods or any part thereof, or the manufacture, use, sale of or delivery thereof.

10.2 Unless otherwise specified any prices quoted do not include transportation costs. Goods shall be supplied ex works.

10.3 The prices quoted are based on present day cost of labour and materials and will be subject to contract price adjustment at the option of the Company.

11. RETURNS

11.1 Returns will not be accepted unless prior arrangements are made with our Sales Department, stating clearly the reason for the goods being returned.

11.2 Claims for short deliveries and damaged goods will be not recognised unless notified within 48 hours of receipt of goods. If goods have been accepted by your carrier, any claim for shortages or damaged goods should be directed to the carrier.

11.3 Goods sold as “stock clearance” or specially bought in will not be accepted for return under any circumstances

11.4 Any arrangement to return goods should be made within 30 days of receipt. We will not be bound to consider claims beyond 30 days of receipt of goods.

11.5 Goods ordered incorrectly will be accepted for return and replaced within 30 days with a 10% handling surcharge applying. Only unbroken cartons or packs will be accepted.