Sunshine Hardware Pty Ltd t/as Sunshine Mitre 10 ABN: 95 129 140 085 ACN: 129 140 085 

CONDITIONS OF SALE 

Credit Sale:

Upon this Application being accepted by Sunshine Hardware Pty Ltd (“the Supplier”) the Application, together with these Conditions of Sale, will constitute a Contract between the Applicant and the Supplier upon the following conditions:

1. The Supplier shall not be liable to the Applicant, in contract or in tort, with respect to the quantity, type and specifications of materials supplied. The Applicant shall rely upon its own expertise and knowledge as to the suitability and quantity of the materials supplied and acknowledges that the Supplier relies upon information provided by the Applicant in determining the amount and type of materials to be supplied.

2.All goods are supplied to the Applicant and no other person other than a Director, the Company Secretary, Manager or Credit Manager of the Supplier has the authority to accept orders or to supply goods on any other condition or to vary these conditions in any way whatsoever. Previous dealings between the Supplier and the Applicant shall not vary or replace these conditions or be deemed in any circumstances whatsoever to do so. Acceptance of goods from the Supplier shall be conclusive evidence before any Court that these conditions apply.

3. The granting of credit to the Applicant shall be the sole discretion of the Supplier. The terms of credit may be varied from time to time at the Supplier’s absolute discretion on giving reasonable notice in writing as it deems fit.

4. Price Lists or Estimates given by the Supplier are indicative only and may be varied by the Supplier at any time and without prior notice to the Applicant.

5. To the extent permitted by law, all warranties, terms and conditions in relation to the state, quality or fitness of the goods or of every other kind, whether implied by use, statue or otherwise, are hereby excluded. The Supplier shall not be liable for any injury, loss or damage claimed by the Applicant against the Supplier or by a Third Party against the Applicant arising out of the supply of the goods or the use to which the goods are put by the Applicant or arising out of the non-delivery or late delivery thereto. The Applicant shall indemnify the Supplier against any such claim.

6. The Supplier agrees to repair or replace at its option, free of charge, any goods supplied by it which are returned by the Applicant (carriage paid) to the Supplier’s address within 7 days of delivery to the Applicant and which, in the Supplier’s opinion, are defective.

7. The Supplier may accept goods returned for credit, only if the goods are in a re-saleable condition - a 10% surcharge on the invoice of goods returned may, in the Supplier’s discretion, be charged to the buyer.

8. This agreement is governed and constructed in accordance with the laws of Queensland and is deemed to be made at the Supplier’s principal place of business.

9. In the event that any of these conditions or any part of them cannot be given effect or full force and effect by reason of statutory invalidity, uncertainty or otherwise, then that provision or condition or part of it which cannot be given full force and effect alone shall be served, ignored or read down respectively to maintain so far as possible the remaining conditions.

 Cash sales:

1. The Supplier shall not be liable to the buyer, in contract or in tort, with respect to the quantity, type and specifications of materials supplied. The Buyer shall rely upon its own expertise and knowledge as to the suitability and quantity of the materials supplied and acknowledges that the Supplier relies upon information provided by the Buyer in determining the amount and type of materials to be supplied.

2. All goods are supplied to the Buyer and no other person other than a Director, the Company Secretary, Manager or Credit Manager of the Supplier has the authority to accept orders or to supply goods on any other condition or to vary these conditions in any way whatsoever. Previous dealings between the Supplier and the Buyer shall not vary or replace these conditions or be deemed in any circumstances whatsoever to do so. Acceptance of goods from the Supplier shall be conclusive evidence before any Court that these conditions apply.

3. Price Lists or Estimates given by the Supplier are indicative only and may be varied by the Supplier at any time and without prior notice to the Buyer.

4. To the extent permitted by law, all warranties, terms and conditions in relation to the state, quality or fitness of the goods or of every other kind, whether implied by use, statue or otherwise, are hereby excluded. The Supplier shall not be liable for any injury, loss or damage claimed by the Buyer against the Supplier or by a Third Party against the Buyer arising out of the supply of the goods or the use to which the goods are put by the Buyer or arising out of the non-delivery or late delivery thereto. The Buyer shall indemnify the Supplier against any such claim.

5. The Supplier agrees to repair or replace at its option, free of charge, any goods supplied by it which are returned by the Buyer (carriage paid) to the Supplier’s address within 7 days of delivery to the Buyer and which, in the Supplier’s opinion, are defective.

6. The Supplier may accept goods returned for credit, only if the goods are in a re-saleable condition - a 10% surcharge on the invoice of goods returned may, in the Supplier’s discretion, be debited to the Buyer’s account.

7. This agreement is governed and constructed in accordance with the laws of Queensland and is deemed to be made at the Supplier’s principal place of business.

8. In the event that any of these conditions or any part of them cannot be given effect or full force and effect by reason of statutory invalidity, uncertainty or otherwise, then that provision or condition or part of it which cannot be given full force and effect alone shall be served, ignored or read down respectively to maintain so far as possible the remaining conditions.