1. "Interlloy" means Interlloy Pty Ltd (ABN 94 005 609 405) and "the customer" means the party placing an order for the purchase of goods from Interlloy or requesting that Interlloy perform work and labour for the customer. "Order" or a "request" refers to an order for goods and services and/or a request for Interlloy to perform work and supply materials for the customer, "The State" means the state of Australia in which the customer is or was located.
2. In relation to each order for the sale of goods by Interlloy to the customer, the goods sold are to be used by the customer wholly or mainly for business purposes and shall represent an expense necessarily incurred in carrying on that business and, further, the goods purchased shall be intended either for resupply in the ordinary course of the customer’s business or be incorporated in other goods for the purposes of transforming or incorporating them in other goods to be used in the ordinary course of the business.
3. The jurisdiction of the hearing of any dispute arising out of any contract between Interlloy and the customer for the sales of goods or for work to be performed shall be the State of the relevant Interlloy office. If there is no Interlloy office in the State of the Customer, the appropriate jurisdication shall be the State of Victoria.
4. Unless otherwise agreed, the customer shall pay all monies to Interlloy by cash. In the event Interlloy approves a credit account for the customer, the customer shall unless otherwise agreed in writing pay Interlloy by the end of the calendar month following the month in which the customer is invoiced. In the event payment is not made in accordance with these terms, Interlloy shall be at liberty to charge the customer and be paid interest on the outstanding balance from the date of invoice until the date of payment at the rate charged by the ANZ Bank in respect of standard overdraft facility of the sum of $100,000, plus 3%. Payments received by Interlloy may at its election be credited first against accrued interest, second against any costs or expenses payable by the customer to Interlloy and thereafter the debt. In the event of any default in payment by the customer all monies owing by the customer to Interlloy on any account whatsoever shall at Interlloy’s option become immediately due and payable in full by the customer.
5. Any liability of Interlloy for loss or damage during carriage handling and/or storage to any goods or part thereof (either owned by the customer or not) or to any goods purchased by the customer is limited at the sole option of Interlloy either to the replacement or repair of such goods or part thereof damaged or to credit the customer’s account with the value of such goods or part thereof damaged. Any claim against Interlloy does not extend to consequential loss or damage.
6. The customer shall inspect all goods delivered by Interlloy to the customer immediately upon delivery. Any claim by the customer relating to any defect in manufacture of goods, or defect in work performed by Interlloy for the customer, or any shortage or other nonconformity to an order for goods or a request for work to be performed shall be made in writing and delivered by security mail or its equivalent addressed to the Customer Relation Manager at Interlloy at its address within 7 days of delivery of the goods. Unless such written claim is received by Interlloy within the specified period, the customer shall be deemed to have accepted the condition of the goods, conformity of the goods to the order and/or the completion of the work according to the customer’s request. Any claim in relation to a defect in goods must be accompanied by both:

1. a specimen of the article showing the alleged defect; and
2. a sample taken from the consignment in its original packaging showing the references used for identification purposes.

Every other claim shall specify such documentation as is necessary to properly identify the matter complained of and such documentation shall include at least the relevant invoice and delivery docket. Notwithstanding that a claim has been made by the customer, the customer shall pay for the goods and/or work pending determination of the claim by Interlloy.

7. No goods corresponding with order shall be returned to Interlloy by the customer without the written consent of Interlloy. If Interlloy consents to the return of goods, Interlloy shall not be required to accept such goods by way of return unless:

1. The delivery charge for the return to Interlloy of the goods is first paid by the customer; and
2. The goods are unused and undamaged.

8. Any credit facility granted by Interlloy to the customer shall continue until terminated by Interlloy at its sole discretion. Termination by Interlloy of any credit facility may be by notice in writing to the customer or verbal notice.
9. The customer shall forthwith give notice to Interlloy of the change of address, telephone number, facsimile numbers or address for delivery to the customer.
10. All prices charged by Interlloy are subject to change without notice. Unless otherwise agreed in writing, prices quoted by Interlloy will be quoted ex Interlloy warehouse from which the goods are shipped or, in the case of work to be performed, from the place at which Interlloy at its option performs the work. All quotes are subject to prior sale of the goods quoted. List or trade prices apply only to those who have approved accounts with Interlloy for the relevant goods or work. Interlloy price lists or price catalogues do not constitute any offer whatsoever.
11. Subject to any express written warranty otherwise given by Interlloy, and subject to any statutory warranties express or implied which by law cannot be excluded all warranties conditions and representations whether express or implied are expressly negated. Where a warranty or condition is implied by law, Interlloy’s liability to the extent that same can be so limited is limited to one of the following at the election of Interlloy in the case of goods:

1. Replacement of goods or supply of equivalent goods;
2. Repair of goods; or
3. Payment of costs of replacing the goods or acquiring equivalent goods.

And in the case of services:

1. The supply of the service again; or
2. The payment of the cost of the service.

Any claim against Interlloy does not extend to consequential loss or damage.

12. Failure by Interlloy to insist upon strict performance of any term of any contract between the parties or of any term hereof shall not constitute a waiver of similar or a subsequent breach and the rights of Interlloy to enforce these terms and those in any other contact shall remain valid and subsisting.
13. Unless otherwise agreed, risk shall pass to the customer upon delivery. Notwithstanding that risk may have passed to the customer, property and title in any goods sold by Interlloy shall remain with Interlloy until receipt by Interlloy of the purchase price of the goods as invoiced by Interlloy. Until such time as property and title in the goods passes to the customer, the customer shall hold the goods as bailee for Interlloy. If the customer sells the goods to a third party prior to paying Interlloy the purchase price thereof, Interlloy shall be entitled to and be paid so much of the price paid by that third party as is necessary to satisfy the monies owing to Interlloy. The customer shall not otherwise in any way part with possession or dispose of the goods until payment has been received by Interlloy for those goods. The customer shall at all times keep the goods insured and maintain the goods in a safe and marketable condition and in a manner so that the goods are readily identifiable. In the event the customer defaults in payment of any monies owing to Interlloy or any term hereof or of any contract between the parties or any credit facility is terminated by Interlloy, Interlloy shall be entitled at its election to the immediate return of the goods and shall have the right to enter, and is hereby expressly authorised to enter, upon the premises of the customer or any other premises at which the goods are stored to re-possess the goods. In the event the permission of any third party is required for access to repossess the goods the customer shall obtain that permission at its own expense. Upon the repossession of the goods by Interlloy, Interlloy shall be entitled to re-sell the goods for the best price it can obtain and to be paid by the customer any and all shortfall between that sale price and the debt owing to Interlloy together with the damages suffered by Interlloy as a result of the default by the customer, such damages to include but not be limited to the legal costs and other expenses incurred in obtaining possession of the goods. The customer shall have no claim against Interlloy for any damages or other monies whatsoever if Interlloy repossesses or attempts to repossess the goods. The rights of Interlloy hereunder are in addition to any other claim or rights Interlloy has under any other term hereof or under any other contract between the parties.
14. These terms may be amended, replaced or deleted from time to time by Interlloy and those terms as so altered shall form the contract between the parties in relation to orders and requests made or placed after notice of the altered terms has been forwarded to the customer in accordance with these terms.
15. Notwithstanding that the customer may conduct a credit facility with Interlloy, Interlloy shall not be obliged to deliver goods or perform work until all monies owing and overdue to Interlloy by the customer for prior orders and/or requests are paid to Interlloy. In the event Interlloy elects as a result of the customer’s prior indebtedness to Interlloy to retain possession of goods or equipment the delivery or completion date referred to in any request or order shall be replaced by a date being thirty days from the date of satisfaction by the customer of the customer’s prior indebtedness of Interlloy.
16. In the event the customer is in default of any term or condition of any order or request and the customer has been in default thereof for a period of seven days Interlloy at its election at any time thereafter shall be at liberty to cancel any or all orders or requests yet to be completed or fulfilled and to recover from the customer any or all losses, damages, costs, interest, fees, charges (including handling charges payable to Interlloy and its suppliers) and all expenses incurred and suffered by Interlloy as a result of the customer’s default and the subsequent cancellation. The customer shall have no recourse whatsoever against Interlloy as a result of any such cancellation.
17. These terms and conditions and any terms and conditions implied by statute constitute the contract between the parties. Any terms and conditions endorsed on any other document pertaining to any order or request and, in particular, on any order form or request form produced by the customer are expressly negated and do not form part of the contract between the parties unless Interlloy has specifically adopted in writing those terms and conditions.
18. The customer shall in addition to any monies otherwise payable hereunder pay any applicable goods and services taxes (or its equivalent) in respect of any goods and/or services purchased.
19. The customer irrevocably authorises Interlloy, its servants and agents to make such enquiries as they deem necessary and as may be allowed by law of or incidental to the customer’s or its director’s credit history.
20. The customer agrees at the request of Interlloy to procure such of its directors to sign a guarantee and indemnity in favour of Interlloy in order to better secure the customer’s indebtedness herein.
21. The Customer acknowledges that Interlloy has adopted the National Privacy Principles of the Privacy Act (Cwth) and a copy of Interlloy’s Privacy Policy is available from the company upon request.