Sydney Height Safety & Solutions

National Height Safety & Solutions Pty Ltd

(ABN 88 122 210 039)

General Conditions of Product Sales

1. DEFINITIONS:

In these General Conditions of Sales ("Conditions"): "Account" means the account maintained by National Height Safety & Solutions Pty Ltd in the name of the purchaser to facilitate the purchase of goods from National Height Safety & Solutions Pty Ltd. National Height Safety & Solutions Pty Ltd (ABN 88 122 210 039) and any related body corporate (as defined in Section 50 of the Common Law) of that company that maintains an account or accounts in the name of the purchaser and/or which sells goods and/or services to the purchaser from time to time. "Purchaser" means the company, firm, person or other entity identified as the applicant on the "Credit Account Application" form published by National Height Safety & Solutions Pty Ltd from time to time and/or in whose name an Account is kept and/or who aquires goods and or services from National Height Safety & Solutions Pty Ltd from time to time.

2. APPLICATION:

All contracts arising between National Height Safety & Solutions Pty Ltd and the purchaser in respect of goods supplied or to be supplied by National Height Safety & Solutions Pty Ltd shall be subject to these Conditions and any other conditions expressly agreed to in writing by National Height Safety & Solutions Pty Ltd and the customer to the exclusion of all other terms and conditions contained in any order or other documents submitted by the customer shall form part of any such contract.

3. PRICE:

All prices quoted are subject to change without notice and goods will be billed at prices existing at the time of invoicing. All prices are inclusive of GST.

4. PAYMENT:

Unless otherwise agreed in writing by National Height Safety & Solutions Pty Ltd , the purchaser shall pay National Height Safety & Solutions Pty Ltd the total amount Owed for goods supplied to the purchaser and set out in National Height Safety & Solutions Pty Ltd invoice within 14 days ffrom the date of the relevant invoice ("Due Date"). National Height Safety & Solutions Pty Ltd extends no credit to the purchaser beyond the due date. In the event that the purchaser fails to pay the total amount owing in respect of goods supplied by the Due Date, NHSAS may require the Purchaser to pay NHSAS by way of liquidated damages, a default charge being a sum which is calculated by the application of the daily percentage rate which is 2% above NHSAS overdraft interest rate at the time, on the unpaid balance of the amount due from the Due Date until the total amount outstanding is paid in full. National Height Safety & Solutions Pty Ltd reserves the right to withold supply of goods if terms of payment are not adhered to by the Purchaser.

5. MINIMUM INVOICE VALUE:

Without limitation, National Height Safety & Solutions Pty Ltd reserves the right at all times to reject orders with a pre-tax value less than AUD$50.00. In the event that National Height Safety And Access Solutions, in its discretion, decides to accept orders with a pre-tax value less than AUD$50.00, the Purchaser shall pay National Height Safety & Solutions Pty Ltd an administration and processing charge with respect to the relevant order equal to the difference between the pre-tax value of that order and AUD$50.00.

6. TEST CERTIFICATES:

Certificates attesting to the compliance of goods ordered by the Purchaser with relevant Australian Satndards ("Test Certificates") will only be supplied if requested at the time of ordering by the Purchaser. Test certificates issued by the manufacturer are valid only in respect of goods in the condition in which they leave the manufacturer's premises.

7. DIMENSIONS AND MASSES:

Dimensions and masses quoted with respect to goods supplied by the manufactuers are approximate and subject to ccommercial tolerances and may be subject to change without notice.

8. CLAIMS BY THE PURCHASER:

a. All goods sold will be deemed to be of the required quantity and type unless a claim specifying particulars of deficiencies or incorrct type is made within 5 days after receipt of the goods by the Purchaser.

b. Where products are on-forwarded by goods rail or carrier nominated by the purchaser, then a receipt from the railway or carrier shall be considered adequete proof of delivery and National Height Safety & Solutions Pty Ltd liability with respect to loss or damage to the goods will cease upon delivery of the goods to the carrier.

c. Where National Height Safety & Solutions Pty Ltd accepts responsibility for delivery of the goods, National Height Safety & Solutions Pty Ltd will not be liable to the Purchaser in relation to defective goods unless the Purchaser gives notice of the defect to National Height Safety & Solutions Pty Ltd in writing within 5 days after receipt of goods by the Purchaser.

d. Exept as specifically provided to the contrary in these conditions, National Height Safety & Solutions Pty Ltd shall in no case be liable in any way for goods damaged in transit.

9. PRODUCT SUITABILITY:

Except to the extent that National Height Safety & Solutions Pty Ltd has made express representations in writing (whether in catologue or otherwise) as to safe working loads, the Purchaser shall be responsible for determining the fitness of the goods sold by National Height Safety & Solutions Pty Ltd for the purpose for which they are intended and acknowledges that National Height Safety & Access Solutions is not aware of that purpose and that he/she has not relied on National Height Safety & Solutions Pty Ltd advice.

10. DEFAULT BANKRUPTCY ETC.:

If the purchaser is in default in making payment for any goods whether the subject of the same or different orders, or if the purchaser being an individual shall become bankrupt or being a corporation shall take or have taken against it any steps having the object of winding up or placing the Purchaser under any form of insolvency administration, National Height Safety & Solutions Pty Ltd shall be entitled by notice in writing to the Purchaser to require re-delivery to National Height Safety & Solutions Pty Ltd, at the cost and expense of the Purchaser of all goods which have not been paid for as aforesaid and for the purposes of recovering the goods. National Height Safety & Solutions Pty Ltd, its servants or agents may enter any land or building upon which National Height Safety & Solutions Pty Ltd believes the goods may be located within business hours without notice.

11. TITLE IN GOODS:

Not with standing anything to the contrary express or implied in these Conditions between National Height Safety & Access Solutions Pty Ltd and the Purchaser:

a. Property in all goods supplied by National Height Safety & Solutions Pty Ltd to the Purchaser ("Goods") shall not pass to the Purchaser until National Height Safety & Solutions Pty Ltd has received payment in full for the Goods and until all oustanding debts owed by the Purchaser to National Height Safety & Solutions Pty Ltd arising from the operation of the Account have been paid;

b. Until such time as National Height Safety & Solutions Pty Ltd has received payment in full for the Goods and until all outstanding debts owed by the Purchaser to National Height Safety & Solutions Pty Ltd arising from the operation of the Account have been paid, the Purchaser shall hold the Goods as bailee for National Height Safety & Solutions Pty Ltd and shall store and identify the Goods in a manner which enables them to be clearly identified as Goods belonging to National Height Safety & Solutions Pty Ltd;

c. As agent for National Height Safety & Solutions Pty Ltd, the Purchaser is authorised to sell any Goods supplied to the Purchaser by National Height Safety & Solutions Pty Ltd to third parties prior to the Due Date which is applicable in relation to payment for such Goods. In the event of such sale, the Purchaser shall specifically earmark monies resulting from such sale and shall place the monies into a seperate account to be held on trust for National Height Safety & Solutions Pty Ltd until such time as payment for those Goods is made to National Height Safety & Access Solutions Pty Ltd . The Purchaser shall not represent to third parties that it is selling the Goods as agent for National Height Safety & Solutions Pty Ltd;

d. In the event that the Purchaser fails to pay National Height Safety & Solutions Pty Ltd for Goods supplied by the Due Date, the Purchaser hereby agrees to deliver up to the Goods to National Height Safety & Solutions Pty Ltd upon demand by National Height Safety & Solutions Pty Ltd and consents to National Height Safety & Solutions Pty Ltd retaking possession of the Goods and for this purpose the Purchaser authorises National Height Safety & Solutions Pty Ltd without notice, to enter upon the Purchaser's premises in which such Goods are stored to collect the Goods;

e. In the event that the purchaser and commits an act of bankruptcy or where the Purchaser is a company, has a receiver, administrator or liquidator appointed to it or goes into any other form of insolvency administration, National Height Safety & Solutions Pty Ltd shall be entitled to immediate possession of all the Goods supplied by it to the Purchaser remaining at the time in the possession of the Purchaser and is authorised to enter upon the Purchaser's premises to collect such Goods without prejudice to any other rights of National Height Safety & Solutions Pty Ltd;

f. If National Height Safety & Solutions Pty Ltd retakes possession of any of the Goods pursuant to sub clause (d) or (e) above, National Height Safety & Solutions Pty Ltd shall have the right to sell the Goods to any other party; and

g. The parties acknowledge that no charge or mortgage is intended to be created over the Goods supplied by National Height Safety & Solutions Pty Ltd to the Purchaser.

12. RISK:

The Goods shall be at the Purchaser's risk from the time the first occurance of any of the following events:

a. the passing of property to the Purchaser;

b. the physical delivery of the Goods to the Purchaser; or

c. the physical delivery to a carrier of other bailee whether named by the Purchaser or not.

13. DISCOUNTS NULLIFIED BY RECOVERY PROCEEDINGS:

If it becomes necessary to institute legal proceedings to recover unpaid debts to National Height Safety & Solutions Pty Ltd, all discounts showing on unpaid invoices become null and void and the total list prices showing become payable.

14. COSTS OF RECOVERY PROCEEDINGS:

In the vent of the Purchaser's default under these Conditions, the Purchaser shall pay to National Height Safety & Solutions Pty Ltd upon demand, all costs and expenses, including all recovery and legal costs (assessed on a solicitor and own client basis) incurred by National Height Safety & Solutions Pty Ltd in the enforcement of its rights with respect to that default.

15. CHANGE IN OWNERSHIP / EFFECTIVE CONTROL:

The Purchaser agrees to notify National Height Safety & Solutions Pty Ltd in writing of any ownership or effective control of the Purchaser within 7 days from the date of such change in effective control or ownership and indemnifies National Height Safety & Solutions Pty Ltd against any loss or damage incurred by National Height Safety & Solutions Pty Ltd as a result of the Purchaser's failure to notify National Height Safety & Solutions Pty Ltd of such change.

16. LAW - NEW SOUTH WALES:

The law of New South Wales shall apply to all contracts for the supply of Goods by National Height Safety & Solutions Pty Ltd to the Purchaser, to the extent that any applicable law of any state or of the Commonwealth of Australia effect the applicability or validity of any of the following Conditions. The same shall be read and constructed as being subject to any such law.

17. PURCHASERS AUTHORITY:

The purchaser agrees to be bound by the Terms and Conditions of Sale for Delivery, Claims on Delivery, Returned Goods, Transport Charges, Pricing Warranty and Written Contracts, when and where as stated on the current price list, invoices and/or notices sent to all customers of National Height Safety & Solutions Pty Ltd. If the Purchaser is a trustee, the directors warrant that they have the power to enter into this agreement and personally guarantee the performance of all the trusts obligations under this agreement. The purchaser acknowledges that National Height Safety & Solutions Pty Ltd is entitled to presume that nay person purporting to have the authority to bind the Purchaser to a contract in respect of Goods and/or services from National Height Safety & Solutions Pty Ltd, has the authority they claim.

18. NOTICES:

Any notice by one party to the other shall be sufficiently served personally or by facsimile transmission, or if posted, by pre-paid post to the party to be served at the registered office of that party or its last known place of business or address and shall be deemed to have been received;

a. within 3 business days of the date of posting if served by post at an address in Australia.

b. within 14 days of the date of posting if served by post to an address outside of Australia, and

c. immediately upon receipt of a successful transmission report by the sender if served by facsimile transmission.

19. SECURITY POLICY:

All on-line Credit Card Transaction processing is done via a 128-bit SSL encrypted page.

20. CUSTOMER SERVICE POLICY:

If we are temporarily out of stock, stock is discontinued, there are delivery delays or any problems regarding your order, we will contact you via telephone, facsimile, or email within five (5) working days.