| PRICES Any prices set out, displayed or referred to in any document or price list are for guidance only. All prices are those prevailing at the time of delivery. TRADING TERMS I/We agree to comply with the trading terms of MACMONT HOSPITALITY SUPPLIES (hereinafter called the creditor) being terms net. Credit will be extended only after application form is completed and duly processed by our Accounts Department. Purchases until credit approved will be cash. In consideration of the creditor providing the facilities of a credit trading account I/We agree to pay on accounts not paid within 30 days, accounting fees accruing up to 2.5% per month and to pay any commercial agents expenses incurred, or to be incurred, up to 17.5% of any amount entrusted to an agent to collect from me/us. TITLE AND PROPERTY (A) Notwithstanding that risks passes to the Buyer upon delivery or that the Company issues a statement to the Buyer, the Company and the Buyer hereby acknowledge and agree that transfer of title to and sale by the Company shall occur at a time when payment is made for the goods and for all other goods supplied by the Company to the Buyer. (B) Until a transfer of title occurs pursuant to subclause (A), the Buyer is a bailee of the goods and has no interest in or option over the goods. (C) The Company may (notwithstanding any prior failure to excercise such rights) at any time and without giving notice to the Buyer take possession of all goods which remain the property of the Company. (D) The Buyer hereby irrevocably grants to the Company and its servants and agents a right of entry to any premises where the Company's goods may be situated and shall procure the consent to such entry of all other persons having any interest in the premises for the purpose of the Company so taking possession of the goods. (E) The provisions of the Clause apply notwithstanding the provision of credit to the Buyer. CLAIMS No claims will be examined unless we are advised within (14) fourteen days from receipt of goods in writing, quoting number and date of invoice or cartnote, and giving full details of the nature of the claim. RISK AND INSURANCE Risk in the goods will pass to the customer upon collection of the goods by the customer or by any carrier commissioned by the customer, notwithstanding that title may not have passed. WARRANTY No Warranty is given in respect of the supply or state, quality, condition or purpose of the use of any goods. The Company shall have no liability (including liability in negligence) to any person for the failure to supply or loss of damage consequential or otherwise suffered in incurred by any person in relation directly or indirectly from any defect, deficiency, failure or breakdown of any kind of the goods. All warranties and conditions implied by Statute, Common Law or otherwise, are expressly negatived and excluded. Warranties allowed by a manufacturer will be passed on to the customer. RENTAL There is a rental charge for the use of CO cylinders beginning on the first of each month. Cylinders are loaned, not sold, and the buyers should insure against all risks. Any discrepancy between the invoiced number of cylinders and actual must be notified in writing to the company within (14) fourteen days of invoice, otherwise the buyer is responsible to the company in respect thereof. EVIDENCE OF AMOUNT OWING A Certificate by a Director, Secretary or General Manger of the Company, sent by ordinary post to a customeršs last-known address, shall be sufficient evidence at all times of the amount due to the Company by a customer. LEGAL JURISDICTION Proceedings to recover any outstanding amount owned by a customer may be commenced in any Court of Australia. The Purchaser agrees that the Creditor may seek Consumer Credit information (section 18K (1)(b) Privacy Act 1988) if the Creditor considers it relevant in assesing the purchasers application for Commercial Credit. The Purchaser agrees to the Creditor obtaining from a credit agency a credit report containing personal information about the Purchaser in relation to Commercial Credit provided by the Creditor. |