TERMS & CONDITIONS

PRIVACY ACT ACKNOWLEDGMENTS

1. INTERPRETATION
• Unless otherwise inconsistent with the context the word “person” shall also mean corporation;
• “Goods” shall include services.
• Words importing the singular number shall be deemed to include the plural and vice versa. Words importing the male gender shall be deemed to include the female and neuter
gender and vice versa.
• “Mulford Plastics” or “The Company” or “the Seller” shall mean Mulford Plastics Pty Ltd its successors and assigns and is also described as “The Company”
• “The Customer/The Purchaser/The Applicant” or “the Buyer” have the same meaning.

2. OFFER AND ACCEPTANCE
2.1 Any quotation made by Mulford Plastics is not an offer to sell or to provide goods. Mulford Plastics shall not be bound by any order given in pursuance of any quotation until
it is accepted in writing by Mulford Plastics or by the commencement of supply or the provision of goods. Unless otherwise agreed in writing, all orders are subject to acceptance
by Mulford Plastics within 30 days of receipt by Mulford Plastics of the order. These terms and conditions shall be deemed to be incorporated into any agreement between
Mulford Plastics and the purchaser. Any terms and conditions contained in any order, offer, acceptance or other document of the purchaser and all representations, statements,
terms and conditions and warranties (whether implied by statute or otherwise) not embodied herein are expressly excluded to the fullest extent permitted by law.
2.2 Insofar as goods or services supplied by Mulford Plastics are not of a kind ordinarily acquired for personal domestic or household consumption, and unless the purchaser
establishes that reliance on this provision would not be fair and reasonable, the liability for breach of a condition or warranty; implied into this contract by the Trade Practices Act
1974 (other than a condition implied by Section 69) is limited:
(a) in the case of goods to any one of the following as determined by Mulford Plastics;
(i) the replacement of the goods or the supply of equivalent goods; or
(ii) the repair of the goods; or
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(iv) the payment of the costs of having the goods repaired;
(b) in the case of services to any one of the following as determined by Mulford Plastics;
(i) the supplying of the services again, or
(ii) the payment of the cost of having the services supplied again.

3. DELIVERY
3.1 Any date quoted for delivery is an estimate only and unless a guarantee shall have been given by Mulford Plastics in writing. The purchaser shall accept and pay for goods
if and when tendered notwithstanding any failure by Mulford Plastics to deliver by the quoted date. Written advice to the purchaser that goods are ready for delivery whether in
whole or in part shall constitute tendering and the terms of payment shall apply.
3.2 Mulford Plastics shall not be liable to any purchaser or any other party for any loss or damage including direct or indirect or consequential injury loss or damage whatsoever
by reason of any delay in delivery whether the same is due to the negligence of Mulford Plastics or actions constituting fundamental breach of contract or any other party, strike
or any other industrial action, or any other cause whatsoever.
3.3 Mulford Plastics reserves the right to deliver by instalments and if delivery is made by instalments the purchaser shall not be entitled to terminate or cancel the contract.
3.4 Any quotation containing a provision to supply goods “ex stock” is subject to fulfilment of prior orders at the date of receipt of the purchaser’s order.

4. PAYMENT
4.1 Unless otherwise agreed in writing payment terms are net cash 30 days from the end of the month in which the goods are invoiced to the purchaser.
4.2 This term as to the payment shall be of the essence of the contract.

5. TITLE
5.1 Notwithstanding the delivery of the goods or part thereof the goods remain the sole and absolute property of Mulford Plastics as full legal and equitable owner until such time
as the purchaser shall have paid Mulford Plastics the full purchase price together with the full price of any other goods the subject of any other contract with Mulford Plastics.
5.2 The purchaser acknowledges that he receives possession of and holds goods delivered by Mulford Plastics solely as bailee for Mulford Plastics until such time as the full price
thereof is paid to Mulford Plastics together with the full price of any other goods then the subject of any other contract with Mulford Plastics.
5.3 Until such time as the purchaser becomes the owner of the goods, he will;
(a) store them on the premises separately;
(b) ensure that the goods are kept in good and serviceable condition;
(c) secure the goods from risk, damage and theft; and
(d) keep the goods fully insured against such risks that are usual or common to insure against in a business of a similar nature to that of the purchaser.
5.4 (i) Until the goods are paid for in full, Mulford Plastics authorises the purchaser to sell the goods as its agent. However, the purchaser shall not represent to any third parties
that it is acting in any way for Mulford Plastics. Mulford Plastics will not be bound by any contracts with third parties to which the purchaser is a party.
(ii) Records shall be kept by the purchaser of any goods owned by Mulford Plastics.
(iii) The proceeds of any sale of the goods shall be paid into a separate account and held in trust for Mulford Plastics. The purchaser shall account to Mulford Plastics from this
fund for the full price of the goods.
(iv) The purchaser is entitled to a period of credit, but if prior to the expiration of the period of credit the goods are sold and the proceeds of sale received the purchaser shall
account forthwith to Mulford Plastics for the price of the goods forthwith.
(v) Should the purchaser die, stop payment or call a meeting of its creditors or become insolvent or subject to the bankruptcy laws or being a company calls a meeting
for the purpose of or to go into liquidation or has a winding-up petition presented against it or has a receiver or administrator appointed, Mulford Plastics may at its option
notwithstanding its waiver of such default or failure and without prejudice to its other rights under this contract suspend or cancel this contract or require payment in cash before
or on delivery or tender of goods or documents notwithstanding terms of payment previously specified or may repossess and take over the goods and dispose of the same in its
own interest without prejudice to any claim it may have for damages for any loss resulting from such resale.
5.5 In the event that the purchaser uses the goods/product in some manufacturing or construction process of its own or some third party, then the purchaser shall hold such part
of the proceeds of such manufacturing or construction process as relates to the goods/product in trust for Mulford Plastics. Such part shall be deemed to equal in dollar terms to
the amount owing by the purchaser to Mulford Plastics at the time of the receipt of such proceeds.
5.6 If the purchaser does not pay for any goods on the due date then Mulford Plastics is hereby irrevocably authorised by the purchaser to enter the purchaser’s premises (or any premises under the control of the purchaser or as agent of the purchaser in which the goods are store at such premises) and use reasonable force to take possession of the goods without liability for the tort of trespass, negligence or payment of any compensation to the purchaser whatsoever. 5.7 On retaking possession of the goods Mulford Plastics may elect to refund to the purchaser any part payment that may have been made and to credit the purchaser’s account with the value of the goods less any charge for recovery of the goods, or to resell the goods. 5.8 Personal Property Securities Act 2009 (“PPSA”) In this clause: (a) financing statement has the meaning given to it by PPSA; (b) financing change statement has the meaning given to it by the PPSA; (c) security agreement means the security agreement under the PPSA created between the Buyer and the Seller by these terms and conditions; and (d) security interest has the meaning given to it by the PPSA. 5.9 Upon assenting to these terms and conditions in writing the Buyer acknowledges and agrees that these terms and conditions: (a) constitute a security agreement for the purposes of the PPSA; and (b) create a security interest in: - all Goods previously supplied by the Seller to the Buyer (if any); - all Goods that will be supplied in the future by the Seller to the Buyer. 5.10 The Buyer undertakes to: (a) promptly sign any further documents and/or provide any further information (such information to be complete, accurate and up to date) which the Seller may reasonably require to: (i) register a financing statement or financing change statement in relation to a security interest on the Personal Property Securities Register; (ii) register any other document required to be registered by the PPSA; or (iii) correct a defect in a statement referred to in clause 5.10(a)(i) or 5.10(a)(ii); (b) Indemnify, and upon demand reimburse, the Seller for all expenses incurred in registering a financing statement, or financing change statement on the Personal Property Securities Register established by the PPSA or releasing any Goods charged thereby; (c) not register a financing change statement in respect of a security interest without the prior written consent of the Seller; (d) not register, or permit to be registered, a financing statement or a financing change statement in relation to the Goods in favour of a third party without the prior written consent of the Seller; and (e) Immediately advise the Seller of any material change in its business practices of selling the Goods which would result in a change in the nature of proceeds derived from such sales. 5.11 The Seller and the Buyer agree that sections 96, 115 and 125 of the PPSA do not apply to the security agreement created by these terms and conditions. 5.12 The Buyer hereby waives its rights to receive notices under sections 95, 118, 121(4), 130, 132(3)(d) and 132(4) of the PPSA. 5.13 The Buyer waives its rights as a grantor and/or a debtor under sections 142 and 143 of the PPSA. 5.14 Unless otherwise agreed in writing by the Seller, the Buyer waives its right to receive a verification statement in accordance with section 157 of the PPSA. 5.15. The Buyer shall unconditionally ratify any actions taken by the Seller under clauses 5.10 to 5.12 5.16. Until the Buyer has paid all money owing to the Seller, the Buyer shall at all times ensure that: (a) All goods supplied by the Seller, while in the Buyer’s possession, can be readily identified and distinguished, and/or (b) All Proceeds (in whatever form) that the Buyer received from the sale of any of the goods are readily identifiable and traceable. 5.17 Recovery of Legal Costs and Collection Expenses - In the event of non – payment of the Company’s Tax Invoice, the Company reserves the right to commence collection action and stop delivery of goods and/or services. The Customer shall indemnify the Company in respect of, and must pay to the Company on demand, any costs and expenses incurred by the Company in enforcing any Charge, Guarantee, Mortgage, or Other Security, given by the Customer to the Company, INCLUDING AND NOT LIMITED TO Collection Costs AND Expenses, and Legal Costs incurred as a result of non – payment of the Company’s Tax Invoices, court or tribunal issue fees, solicitor costs and expenses on a solicitor/client basis, witness expenses in relation to any defended action, barrister’s fees, expert witness fees if required, adjudicator’s expenses, and the like. The Customer agrees and acknowledges that such COLLECTION EXPENSES do not constitute a penalty but the Company’s genuine and anticipated expenses incurred in the event that legal and/or collection action is commenced. The Customer shall also indemnify the Company in respect of, and must pay to the Company on demand, any taxes or stamp duties or other fees which may became due and payable in respect of any Charge, Guarantee, Mortgage, or Other Security given by the Customer to the Company. 5.18 G.S.T. If GST is payable as a consequence of any supply made (or deemed to be made) by one party to the other party in connection with this Agreement, the party receiving the supply must pay to the party making the supply an amount equal to GST payable in respect of the supply (“GST Amount”), in addition to the amounts otherwise payable. Any amount reimbursed or paid pursuant to any indemnity, is to be reduced by any part which is recoverable as an input tax credit by the party which incurred the cost

6. RISK
Unless otherwise agreed in writing, risk in the goods shall pass to the purchaser at the time when the goods have been placed on the vehicle which is to effect delivery from Mulford Plastic’s store or warehouse or delivery to the purchaser whichever is the sooner. The goods shall remain at the purchaser’s risk at all times unless and until Mulford Plastics retakes possession of the goods pursuant to these terms and conditions. 6.1. Liability The Customer waives any claims, demands, causes of action or recoveries for punitive, exemplary, indirect or consequential damages arising under this Agreement, or otherwise with respect to the sale of goods or services, and completely indemnifies the Company, without limitation, for any lost revenues or profits, consequential or incidental damages, injury to persons or property, business interruption or damage to business reputation, including any tort or statutory causes of action, in relation to the supply to it by the Company of any goods and services, including any liquor related products, which the Company may supply to the customer.

7. CLAIMS
7.1 Subject to clause 2.2 herein, Mulford Plastics shall not be liable for any loss or damage whatsoever and howsoever arising whether direct indirect or consequential or in respect of any claim whenever and however made for any loss or damage deterioration deficiency or other fault or harm in the goods manufactured, work executed or services provided by or on behalf of or in any arrangement with Mulford Plastics or occasioned to the purchaser or any third or other party or to his or their property or interest and whether or not due to the negligence of Mulford Plastics its servants or agents. 7.2 As soon as any of the facts or matters which form any part of any claim or complaint whatsoever become known to the purchaser, the purchaser shall within fourteen days notify Mulford Plastics in writing of the same. 7.3 Mulford Plastics shall not be liable in any circumstances for any; (i) defects or damages caused in while or in part by misuse, abuse, neglect, electrical or other overload, non suitable lubricant, improper installation repair or alteration (other than by Mulford Plastics) or accident.
(ii) any transport freight charges installation removal labour or other costs; (iii) defects in goods not manufactured by it but Mulford Plastics will endeavour to pass on to the purchaser the benefit of any claim made by Mulford Plastics and accepted by the manufacturer of such goods under a warranty given by the manufacturer of such goods provided that nothing contained in this subparagraph shall limit the rights of the purchaser to proceed against Mulford Plastics pursuant to the Trade Practices Act 1974. (iv) technical advice or assistance given or rendered by it to the purchaser or not in connection with the manufacture construction or supply of goods for or to the purchaser provided always that Mulford Plastics has rendered such services with due care and skill and that any material supplied in connection with those services are reasonably fit for the purpose for which they are supplied. 7.4 The exemptions, limitations, terms and conditions in these terms and conditions shall apply whether or not the loss or damage is caused by negligence or actions constituting fundamental breach of contract.

8. FORCE MAJEURE
If by reason of any fact, circumstance, matter or thing beyond the reasonable control of Mulford Plastics, Mulford Plastics is unable to perform in whole or in part any obligation under this agreement Mulford Plastics shall be relieved of that obligation under this agreement to the extent and for the period that it is so unable to perform and shall not be liable to the purchaser in respect of such inability.

9. DEFAULT
Upon the occurrence of default by the purchaser in compliance with the terms or any other agreement with Mulford Plastics herein; 9.1 Mulford Plastics may at its discretion withhold further supplies of goods or cancel this agreement, or vary the terms of this agreement without prejudice to its rights hereunder PROVIDED HOWEVER that Mulford Plastics may at any time and from time to time upon such terms as it may determine waive any of its rights under this Clause, but without prejudice to its rights thereafter of any of the events hereinbefore referred to or upon the continuation after any such waiver of any state of affairs the subject of such waiver. 9.2 The purchaser shall pay to Mulford Plastics interest at the rate of 1.5% per month on daily balances in respect of any amounts as may from time to time be overdue until paid and such money together with all interest shall be recoverable forthwith from the purchaser. 9.3 Without prejudice to any other right or remedy the purchaser shall indemnify Mulford Plastics against any costs’ fees charges and disbursements charged by any solicitor engaged for the purpose of the collection or recovery of moneys due and payable by the purchaser to Mulford Plastics on an indemnity basis and any fees, charges, disbursements or commissions charged by any mercantile agency or debt collecting firm. 9.4 The purchaser shall pay to Mulford Plastics an administration fee of $50.00 on the occurrence of every event of default. 9.1 Return Policy Mulford has the right to refuse to accept return of goods for “change of mind”. In instances where Mulford agrees to accept goods back, there will be a 15% restock fee payable of the total complete purchase, by the customer. In cases where goods are not regular stock or have been cut, manipulated in any way, or a specialty purchased by Mulford Plastics or its associated companies no returns will be accepted.

10. CHARGE
The Purchaser hereby charges with payment of any indebtedness to Mulford Plastics all beneficial interest (freehold and leasehold) in land and personal property held now or in the future by the Purchaser. The Purchaser agrees that if demand is made by Mulford Plastics, the Purchaser receiving such a demand will immediately execute a mortgage or other instrument of security, or consent to a caveat, as required, and against the event that the Purchaser fails to do so within a reasonable time of being so requested, the Purchaser hereby irrevocably and by way of security, appoints any credit manager or solicitor engaged by Mulford Plastics to be its true and lawful attorney to execute and register such instruments. Notwithstanding any other provision in this clause, Mulford Plastics may lodge a caveat on any property of the Purchaser whenever it so wishes.

11. GST
The Purchaser must pay to Mulford Plastics any amount which is payable by Mulford Plastics in respect of any supply to the Purchaser on account of GST. Each charge or fee for a supply rendered by Mulford Plastics does not include an amount to cover the liability of Mulford Plastics for GST on any supplies made under this agreement which are taxable supplies within the meaning of the GST Act. In relation to taxable supplies made under this agreement Mulford Plastics agrees to issue the Purchaser with a tax invoice in accordance with the GST Act or a document satisfying the minimum information requirement set out in GSTR 2000/2003 to entitle a recipient of a taxable supply to claim an input tax credit without holding a tax invoice. “GST” means GST as defined in a New Tax System (Good and Services Tax Act 1999). “Supply” means supply as defined in a New Tax System (Goods and Services Tax Act 1999).

12. TRUSTS
12.1 This clause applies if the Purchaser is a trustee and whether or not Mulford Plastics has notice of the Trust. 12.2 Where the Purchaser comprises two or more persons and any of those persons is a Trustee this clause applies to such Trustee. 12.3 The Purchaser agrees that even though the Purchaser enters into this Agreement as Trustee of the Trust, the Purchaser also shall be liable personally for the performance and observance of every covenant to be observed and performed by the Purchaser expressed or implied in this Agreement. 12.4 The Purchaser warrants its complete, valid and unfettered power to enter into this Agreement pursuant to the provisions of the Trust including power to obtain the credit facility from Mulford Plastics and to enter into the covenants to be observed and performed by them expressed or implied in this Agreement and warrants that its entry into this Agreement is in the due administration of the Trust. 12.5 The Purchaser covenants that the rights of indemnity which it may have against the property of the Trust have not been, and in the future will not be, excluded, modified, released, lost or diminished (whether by agreement, breach of trust or otherwise). 12.6 The Purchaser shall not, without Mulford Plastic’s prior written consent: (i) resign or be removed as Trustee of the Trust or appoint or allow the appointment of a new or additional Trustee of the Trust; (ii) amend or revoke any of the terms of the Trust; (iii) vest or distribute the property of the Trust or advance or distribute any capital of the Trust to a beneficiary or resettle any of the property of the Trust; (iv) permit a beneficiary to have the use, occupation, employment or possession of the property of the Trust; (v) do or permit or omit to do an act or thing in breach of the Trust or which would permit the Trustee to be removed as Trustee of the Trust; (vi) exercise or permit or allow to be exercised a power to change the vesting date of the Trust or provide for an early determination of the Trust; (vii) lend any money, give any guarantee or incur any debt other than in the ordinary course of business of the Trust; or (viii) pay any of the income of the Trust to any beneficiary of the Trust if such payment will prejudice or affect the Purchaser’s ability to pay all monies due to Mulford Plastics
12.1 Trade Practices Act This agreement must be read subject to the provisions of the Trade Practices Act 1974 (Cth) (“TPA). If any provision of this Agreement is invalid or unenforceable by reason of the TPA, such provision shall be severed from the Agreement, and this will not otherwise render any other provision of this Agreement unenforceable. 12.2 Customers Authority Where the Customer is a company, society, association of persons, or trustee, THE COMPANY shall not be concerned to inquire into the powers of the Customer or its directors or other agents acting or purporting to act on its behalf, nor is THE COMPANY concerned to inquire into the powers of the trustee in order to ascertain whether the trustee is functioning within the terms of his trust, and any credit extended by THE COMPANY in reliance upon a professed exercise of such powers shall be deemed to form part of the principal debt and liability even where the obtaining of such credit shall be in excess of the powers of the Customer or the Directors or other agents aforesaid or of the trustee or shall be in any way irregular, informal or defective.

13. SERVICE
The parties agree that service of any notices, demands, proceedings, summons suits or actions (process) upon the Purchaser may be effected by Mulford Plastics or its solicitors sending such process by prepaid post to the address given in the Credit Application as the address of the Purchaser. Service shall be deemed to have been effected two business days after the posting of the process.

14.CHANGE IN CONSTITUTION OR STRUCTURE OF THE CUSTOMER
The Customer shall notify the Company of any Change in the Constitution or Structure of the Customer or the sale of the business by the Customer and agrees that it shall continue to be liable to the Company of any sums outstanding on the Account opened on behalf of the Customer until Written Notice is received from the Customer that it has changed the Constitution or Structure or the Sale of the Business and the Account has been closed and full payment has been received by the Company.

15.APPLICABLE LAW
The Customer agrees that the relevant law to apply to this agreement is the law of the State within which the account is opened and the customer submits to the jurisdiction of
the courts of that State.