1. DEFINITIONS AND INTERPRETATION

1.1 SHEDSPAN means Auspan Building Systems Pty Ltd trading as SHEDSPAN ABN 91 135 275 455.

1.2Contract” means the contract entered into between SHEDSPAN and the Client consisting of SHEDSPAN’ quotation, the Client’s acceptance of the quotation, whether written or verbal, the diagrams and drawings (if any) provided with the quotations, and these Standard Conditions of Sale (‘Conditions’). In the event of any inconsistency between the Client’s acceptance and the terms of the Contract, the terms of the Contract shall prevail.

1.3Client” means the party purchasing or offering to purchase Products from SHEDSPAN pursuant to this Contract (including any successors, nominees and any Insolvency Administrator appointed to take control of the Client’s business), and where there is more than one Client, the Client’s covenants and obligations are joint & several.

1.4 Date of Delivery” means the date of delivery of the Products as stated in the Contract, and if no date is stated in the Contract, is the date on which the Products are delivered to the premises of the Client.

1.5Products” means the Products manufactured, imported, supplied and / or delivered by SHEDSPAN to the Client or as the Client may direct pursuant to this Contract.

1.6 Invoice” means the invoice rendered to the Client by SHEDSPAN.

1.7 “Price” means the price of the Products and any other fees or charges payable to SHEDSPAN by the Client as stated in the Contract.

1.8 Incorporation: These Standard Conditions of Sale (‘Conditions’) apply to and are incorporated in the Contract. In the event of any inconsistency between a term of the Contract and a term of these Standard Conditions of Sale, then the other Contract term shall prevail over these Standard Conditions of Sale.

1.9 Severance: Any provision hereof prohibited by or rendered unlawful or unenforceable under any applicable law actually applied by any court of competent jurisdiction shall, to the extent required by such law, be severed from these Conditions rendered ineffective so far as is possible without modifying the remaining provisions of these Conditions.

2. PAYMENT

2.1 Payment of the Price is due at the stages or in the manner specified in the Contract, and if not so specified then on the Date of Delivery of the Products.

2.2 Time shall be of the essence in respect of payment of the Price under the Contract.

2.3 If payment of the Price is not made on the due date then the Client shall pay SHEDSPAN interest and administration charges of 2% above the overdraft rate charged to SHEDSPAN by its Bankers from time to time on the payment outstanding and the Client shall pay all legal or other costs incurred by SHEDSPAN in attempting to recover the outstanding payment owed by the Client and SHEDSPAN may, without prejudice to any other remedy, suspend supply or delivery of any Products to the Client until such payment is made and SHEDSPAN shall be entitled to increase the Contract price to cover any extra expense incurred as a result of the Client’s default

2.4 If after the Contract is made the price paid by SHEDSPAN for any material or component of the Product increases, through no fault of SHEDSPAN, the Price shall be increased by a reasonable amount having regard to the material or component price increases and including an allowance for SHEDSPAN’s profit margin.