Terms of Trade

ALL STATE CONVEYORS P/L (ABN 11152908391)

To download Credit Account Application Form, Terms and Conditions of Credits, click here.

Standard Conditions of Credit and Standard Conditions of the Sale of Goods and Services

1 – Interpretation

These Conditions of Sale shall be subject to the provisions of the Australian Consumer Law and any statutory amendment or re-enactment thereof for the time being in force which the Company is not capable of excluding, restricting or modifying. Unless otherwise inconsistent with the context the word “Australian Consumer Law” shall mean the law set out in Schedule 2 of the Competition and Consumer Act 2010 and any corresponding state or territory legislation, “person” shall include corporation, “Company” shall mean All State Conveyors P/L Pty Ltd and its agents, servants and employees, and any of its subsidiaries as defined in section 9 of the Corporations Act 2001 (if such subsidiary is named as the party making or accepting the order), “goods” means any goods agreed to be supplied to the Purchaser by the Company under these Conditions of Sale, “Purchaser’ shall mean and include the person to whom any quotation is made and shall include any person offering to contract with the Company on these terms and conditions, and “services” means any services to be performed for the Purchaser by the Company under these Conditions of Sale.

2 – General

The Company agrees to supply the goods and/or perform the services ordered by the Purchaser from time to time in accordance with these Conditions of Sale and these Conditions of Sale are intended to apply to all such orders as an overarching agreement. Any order placed by the Purchaser is deemed to be an order incorporating these Conditions of Sale notwithstanding any inconsistencies which may be introduced in the order itself or any other document of the Purchaser. Any terms and conditions contained in any order or other document of the Purchaser which are not embodied herein are expressly excluded and these Conditions of Sale take precedence.

3 – Definitions

Amount Payable” means the amount of any debit balance shown on an invoice; “Contract” means these Terms, the order and any other document which is attached to or incorporated by reference in the Order or these Terms; “Credit Account” means the credit approved and made available to the Customer; “Customer” means the person who has been approved for Credit and includes any permitted transferee; “Due Date” means for goods, parts, consumables and Services 30 days from the date of delivery; “Force Majeure” shall include but not be limited to any lack of production, capacity or raw materials, strikes, lock outs, labour disputes, fires, floods, acts of God or public enemy, malicious or accidental damage, delays in transport, breakdowns in machinery or restrictions or prohibitions by any government or any semi-government authorities or embargoes; “Goods” the goods ordered by the customer and provided by All State Conveyors Pty/Ltd; “Order” means the order placed by the Customer for Goods and/or Services; “Terms” shall mean these Terms and Conditions of Trading; “All State Conveyors Pty/Ltd” means All State Conveyors Pty/Ltd and any company within the company holdings of All State Conveyors Pty/Ltd; “All State Conveyors Pty/Ltd” means any Related Body Corporate of All State Conveyors Pty/Ltd as defined in the Corporations Act 2001; “Services” the services ordered by the Customer and provided by All State Conveyors Pty/Ltd; “TPA” means the Trade Practices Act 1974

4 – Privacy Authority

4.1 Where the Customer applies for credit with All State Conveyors Pty/Ltd, the Customer agrees and authorises All State Conveyors Pty/Ltd to make such enquiries as All State Conveyors Pty/Ltd deem necessary to assess the Customer’s application for credit. The Customer further agrees and authorises All State Conveyors Pty/Ltd to the extent permitted by law to provide any items of personal information described in the Privacy Act 1988 to a credit reporting agency and give credit worthiness information about the Customer to a person for considering whether to act as a guarantor or to a guarantor.

5 – Terms of Credit

All State Conveyors Pty/Ltd may at its absolute discretion sell or supply Goods or Services to the Customer as requested by the Customer from time to time on credit. All State Conveyors Pty/Ltd may without notice set or change or limit credit in relation to the Credit Account and All State Conveyors Pty/Ltd agreement to open the Credit Account does not entitle the Customer to any particular amount of credit. All State Conveyors Pty/Ltd may without notice refuse or limit further credit or suspend or terminate the supply of Goods or Services on the granting of any rights where any Amount Payable on any Credit Account whatsoever remain(s) unpaid after the Due Date. All State Conveyors Pty/Ltd may without notice refuse to open a Credit Account close a Credit Account and/or refuse to extend any further credit to the Customer on any account.3.5 The Customer must provide All State Conveyors Pty/Ltd with security for credit as and when required by All State Conveyors Pty/Ltd. All State Conveyors Pty/Ltd will not process any Orders or may suspend a Credit Account until the security required by All State Conveyors Pty/Ltd has been provided by the Customer in accordance with this clause.

6 – Evidence of Contract and Precedence of documents

The Contract contains the entire agreement between All State Conveyors Pty/Ltd and the Customer with respect to its subject matter and supersedes all prior communications. No terms and conditions submitted by either party that are in addition to different from or inconsistent with those contained in these Terms shall be binding upon either party unless specifically and expressly agreed in writing. (a) Contract for the supply of Goods and/or Services is made when All State Conveyors Pty/Ltd acknowledge the Order placed by the Customer with All State Conveyors Pty/Ltd standard order acknowledgment form. (b) If there is any conflict or inconsistency between the documents constituting the Contract the documents will rank in the following order 1. the Terms; 2. the Order and 3. any other document attached or referred.

7 – Delivery and Risk

All State Conveyors Pty/Ltd will deliver the Goods to the Customer Ex Works nominated All State Conveyors Pty/Ltd address unless otherwise expressly stipulated. Goods shall be at the Customer’s risk from the date of delivery. Delivery may be made in one or more instalments and at different times or by separate shipments or deliveries. Adherence to the delivery date or delivery period is determined by the date of notification by All State Conveyors Pty/Ltd that the consignment is ready for pick-up. If All State Conveyors Pty/Ltd is not able to deliver the Goods to the Customer on the date of delivery due to the Customer’s unavailability or unwillingness to accept delivery, All State Conveyors Pty/Ltd reserves the right to dispatch them at All State Conveyors Pty/Ltd discretion or put them into storage at the expense and risk of the Customer. All State Conveyors Pty/Ltd will deliver the Services in accordance with the service delivery schedule provided to the Customer. Time for delivery of the Goods and/or Services is estimated in good faith and while every effort is made to meet an estimated delivery date All State Conveyors Pty/Ltd will not be liable for any loss incurred as a result of delay or failure to make any supply of Goods or Services or to observe. Any of these Terms due to an event of Force Majeure. During the continuance of an event of Force Majeure All State Conveyors Pty/Ltd’ obligations under these terms will be suspended. The Customer must notify All State Conveyors Pty/Ltd in writing within 7 days of receipt of the Goods of any damage or shortage to the Goods. If the Customer does not notify All State Conveyors Pty/Ltd within such time period, the Customer is deemed to have accepted the Goods unconditionally. Orders cannot be cancelled or postponed by the Customer without the prior written authorisation of All State Conveyors Pty/Ltd. All State Conveyors Pty/Ltd has a no return policy for delivered Goods. Unless otherwise agreed in writing all goods shall be at the Purchaser’s risk upon delivery to the Purchaser’s premises (or a third-party site nominated by the Purchaser) or upon such goods being made available for collection or loading by the Purchaser or the Purchaser’s carrier or agent.

8 – Retention of Title

All State Conveyors Pty/Ltd and the Customer expressly agree that the legal and equitable title in any Goods sold and delivered by All State Conveyors Pty/Ltd to the Customer shall not pass to the Customer until the Amount Payable for the Goods has been paid in full and the funds are cleared. Until that time the Customer may sell the Goods in the ordinary course of business as agent for All State Conveyors Pty/Ltd and the proceeds shall be held in trust for and as the property of All State Conveyors Pty/Ltd. The Customer, in the capacity of trustee shall not assign any property held in trust on behalf of All State Conveyors Pty/Ltd to any third party. Prior to any sale by the Customer, the Customer shall hold possession of the Goods for and on behalf of All State Conveyors Pty/Ltd as bailee in a fiduciary capacity for All State Conveyors Pty/Ltd and shall return the Goods to All State Conveyors Pty/Ltd on demand. All State Conveyors Pty/Ltd will be entitled to enter the premises of the Customer at any time to recover possession of those Goods for which payment in full has not been made. It is agreed between All State Conveyors Pty/Ltd and the Customer that where All State Conveyors Pty/Ltd enters the premises of the Customer to take possession of the Goods and it is not possible to otherwise identify the ownership of the Goods in the possession of the Customer, the Goods will be treated as though they were sold by the Customer in the same sequences the Customer has taken delivery of the Goods. If the quantity of the Goods exceeds the amount owing, All State Conveyors Pty/Ltd will be entitled to determine which of the Goods it claims ownership of the Goods. The Customer must keep the Goods insured against all risks for goods of that kind from the time the risk in the Goods passes to the Customer until the time the title in the Goods passes to the Customer.

9 – Orders

Any quotation made by the Company is not an offer to sell the goods or to provide the services and no order given in pursuance of a quotation shall bind the Company until accepted by it in writing or by the commencement of supply of the goods and/or performance of the services. The Company reserves the right at any time to reject or not process any order placed by the Purchaser.

10 – Price and Payment

Unless otherwise expressly agreed in writing, the price of the goods and/or services shall be that price charged by the Company at the date of delivery and/or performance plus the amount which the Company is required to pay on account of any excise, GST or any other taxes or charges which may be established or levied by any governmental authority (domestic or foreign) upon the goods or services. Unless otherwise stated, all prices are quoted at Ex Works from All State Conveyors Pty/Ltd nominated premises and do not include freight, insurance or taxes. If variations should occur prior to delivery the price may be amended by All State Conveyors Pty/Ltd. All State Conveyors Pty/Ltd will invoice the Customer upon delivery of the Goods and Services. The Customer will pay the whole amount of any debit balance shown on an invoice on the Due Date without any set off. The Customer agrees that if any Amount Payable is not paid by the Due Date All State Conveyors Pty/Ltd shall be entitled to charge and recover interest at the rate of 1.5% per month or part thereof on the Amount Payable overdue for the period between the Due Date until payment is made in full. Payment received from the Customer is valid once honored or funds are cleared. The Customer agrees to indemnify and keep indemnified All State Conveyors Pty/Ltd against any costs incurred by All State Conveyors Pty/Ltd in connection with the Customer’s failure to pay on the Due Date to include but not limited to legal fees on an indemnity basis and debt collection agency fees. (a) Where a price has been quoted, the price of the goods and/or services shall be Company’s quoted price. All prices quoted are valid for the period stated on the quotation or if no period is stated, 30 days or earlier acceptance by Purchaser after which time they may be altered by the Company without giving notice to Purchaser. (b) The prices quoted are based on present day cost of labour and material and will be subject to contract price adjustment at the option of the Company.

11 – Warranty

The warranty specific for the Goods supplied by All State Conveyors Pty/Ltd shall be provided to the Customer when the Order is acknowledged. All State Conveyors Pty/Ltd warrants that the Goods supplied shall, under proper use, be free from defects in materials and workmanship and conform to the Contract. In this clause 8 “proper use” means installation, commissioning, operation and maintenance in accordance with All State Conveyors Pty/Ltd documentation and “defects” means any defect and/or omission in materials or workmanship and any nonconformity with the Contract. In no event does All State Conveyors Pty/Ltd give any warranty to parts or components manufactured and/or supplied by any third party, unless otherwise agreed. To the extent that All State Conveyors Pty/Ltd is unable by law to exclude its liability, All State Conveyors Pty/Ltd obligations under this warranty shall be limited at All State Conveyors Pty/Ltd option to making good by repair or replacement any Goods in which any defect appears or in the case of Services the cost of providing the Services again. Any warranty claim must be notified in writing by the Customer to All State Conveyors Pty/Ltd within the warranty period of 7 days.

12 – Liability

12.1 Notwithstanding any other provision of these Terms, All State Conveyors Pty/Ltd is not liable to the Customer for any indirect, special or consequential loss or damage to include but not limited to economic loss, loss of opportunity, loss of production, loss of profit or revenue whether foreseeable or not, suffered or incurred by the Customer arising out of a breach by All State Conveyors Pty/Ltd of an Order or a negligent act or omission of All State Conveyors Pty/Ltd or a breach of a statutory duty or obligation by All State Conveyors Pty/Ltd. At all times, All State Conveyors Pty/Ltd total liability shall be capped at 100% of the value of the Order.

13 – Jurisdictions

14.1 The law of the state or territory in which All State Conveyors Pty/Ltd delivers Goods or Services to the Customer is the proper law of these Terms. The parties irrevocably submit to the nonexclusive jurisdiction of the courts of Victoria.

14 – General Provisions

If a provision of these Terms is wholly or partly invalid or unenforceable in any jurisdiction, that provision or the part of it that is invalid or unenforceable must to that extent and in that jurisdiction, be treated as deleted from these Terms. This does not affect the validity or enforceability of the remaining provisions.

Nothing in these Terms is intended to exclude, restrict or modify rights which the Customer may have under the TPA or any other legislation which may not be excluded, restricted or modified by agreement.

All State Conveyors Pty/Ltd may assign, novate or otherwise deal with any Order and or Credit Account made pursuant to these Terms without the consent of the Customer.

A party waives a right under these Terms only if it does so in writing. A party does not waive a right simply because it fails to exercise the right, delays exercising the right or only exercises part of the right. A waiver of one breach of these Terms does not operate a waiver of another breach of the same term or any other term except for Orders which may be sent by email or facsimile transmission, any notice or demand must be in writing, marked for the attention of the Company Secretary and delivered by pre-paid post. Such notice or demand shall be deemed delivered 5 working days after the date of posting. The Customer agrees to keep confidential all information which are disclosed to or obtained by the Customer and relate to the Goods or Services supplied. All State Conveyors Pty/Ltd is under no liability in respect of Goods exported without necessary licenses, authorisations or consents.

15 – Termination

15.1 If the Customer is in breach of any of these Terms including without limitation, a provision relating to the payment of money or if the Customer suspends payment of its debts or is or becomes unable to pay its debts when they are due or is presumed to be insolvent under the Corporations Act 2001 or if the Customer ceases or threatens to cease to carry on business or any guarantee or security given to All State Conveyors Pty/Ltd in relation to the Customer is revoked or unenforceable then All State Conveyors Pty/Ltd may upon written notice to the Customer and without limiting any other rights it may have:

(a) Immediately withdraw any credit facilities which may have been extended to the Customer and require immediate payment of all moneys owed to All State Conveyors Pty/Ltd by the Customer;

(b) Immediately suspend performance or terminate without penalty any Orders in force between All State Conveyors Pty/Ltd and the Customer;

(c) Immediately take all possible action to protect its Goods;(d) Recover all such costs associated with such termination action.

16 – Miscellaneous

(a) The contract formed between the Company and the Purchaser in connection with these Conditions of Sale is personal to the Purchaser and must not be assigned to a third party without the prior written consent of the Company.

(b) The Company may in its discretion and without notification to the Purchaser sub-contract the whole or any part of the production or delivery of the goods agreed to be sold to the Purchaser.

(c) These Conditions of Sale shall be governed by the laws of the State of Victoria and the Purchaser submits to the non-exclusive jurisdiction of the courts of that state.

(d) If a provision of these Conditions of Sale would, but for this clause, be unenforceable, that provision must be read down to the extent necessary to avoid that result and, if the provision cannot be read down, must be severed without altering the validity and enforceability of the remainder of these Conditions of Sale.

(e) These Conditions of Sale constitute the entire agreement between the parties. Except as expressly stated in these Conditions of Sale, no conditions, understanding or agreement purporting to modify or vary the terms of these Conditions of Sale shall be binding on the Company unless otherwise agreed in writing and signed by the Company.

(f) These Conditions of Sale supersede all previous terms and conditions imposed by the Company and may be altered by the Company on a case by case basis.

17 – Definitions and Interpretation

Amount Payable” means the amount of any debit balance shown on an invoice; “Contract” means these Terms, the order and any other document which is attached to or incorporated by reference in the Order or these Terms; “Credit Account” means the credit approved and made available to the Customer; “Customer” means the person who has been approved for Credit and includes any permitted transferee;

“Due Date” means for goods, parts, consumables and Services 30 days from the date of delivery; “Force Majeure” shall include but not be limited to any lack of production, capacity or raw materials, strikes, lock outs, labour disputes, fires, floods, acts of God or public enemy, malicious or accidental damage, delays in transport, breakdowns in machinery or restrictions or prohibitions by any government or any semi-government authorities or embargoes; “Goods” the goods ordered by the customer and provided by All State Conveyors Pty/Ltd; “Order” means the order placed by the Customer for Goods and/or Services; “Terms” shall mean these Terms and Conditions of Trading; “All State Conveyors Pty/Ltd” means All State Conveyors Pty/Ltd and any company within the company holdings of All State Conveyors Pty/Ltd; “All State Conveyors Pty/Ltd ” means any Related Body Corporate of All State Conveyors Pty/Ltd as defined in the Corporations Act 2001; “Services” the services ordered by the Customer and provided by All State Conveyors Pty/Ltd; “TPA” means the Trade Practices Act 1974

18 – Privacy Authority

Where the Customer applies for credit with All State Conveyors Pty/Ltd, the Customer agrees and authorises All State Conveyors Pty/Ltd to make such enquiries as All State Conveyors Pty/Ltd deem necessary to assess the Customer’s application for credit. The Customer further agrees and authorises All State Conveyors Pty/Ltd to the extent permitted by law to provide any items of personal information described in the Privacy Act 1988 to a credit reporting agency and give credit worthiness information about the Customer to a person for considering whether to act as a guarantor or to a guarantor.

19 – Terms of Credit

19.1 All State Conveyors Pty/Ltd may at its absolute discretion sell or supply Goods or Services to the Customer as requested by the Customer from time to time on credit.

19.2 All State Conveyors Pty/Ltd may without notice set or change or limit credit in relation to the Credit Account and All State Conveyors Pty/Ltd agreement to open the Credit Account does not entitle the Customer to any particular amount of credit.

19.3 All State Conveyors Pty/Ltd may without notice refuse or limit further credit or suspend or terminate the supply of Goods or Services on the granting of any rights where any Amount Payable on any Credit Account whatsoever remain(s) unpaid after the Due Date.

19.4 All State Conveyors Pty/Ltd may without notice refuse to open a Credit Account close a Credit Account and/or refuse to extend any further credit to the Customer on any account.3.5 The Customer must provide All State Conveyors Pty/Ltd with security for credit as and when required by All State Conveyors Pty/Ltd. All State Conveyors Pty/Ltd will not process any Orders or may suspend a Credit Account until the security required by All State Conveyors Pty/Ltd has been provided by the Customer in accordance with this clause.

20 – Evidence of Contract and Precedence of documents.

20.1 The Contract contains the entire agreement between All State Conveyors Pty/Ltd and the Customer with respect to its subject matter and supersedes all prior communications. No terms and conditions submitted by either party that are in addition to different from or inconsistent with those contained in these Terms shall be binding upon either party unless specifically and expressly agreed in writing.

20.2 A Contract for the supply of Goods and/or Services is made when All State Conveyors Pty/Ltd acknowledge the Order placed by the Customer with All State Conveyors Pty/Ltd standard order acknowledgment form.

20.3 If there is any conflict or inconsistency between the documents constituting the Contract the documents will rank in the following order 1. the Terms; 2. the Order and 3. any Other document attached or referred.

21 – Delivery and Risk

21.1 All State Conveyors Pty/Ltd will deliver the Goods to the Customer Ex Works nominated All State Conveyors Pty/Ltd address unless otherwise expressly stipulated. Goods shall be at the Customer’s risk from the date of delivery. Delivery may be made in one or more instalments and at different times or by separate shipments or deliveries. Adherence to the delivery date or delivery period is determined by the date of notification by All State Conveyors Pty/Ltd that the consignment is ready for pick-up. If All State Conveyors Pty/Ltd is not able to deliver the Goods to the Customer on the date of delivery due to the Customer’s unavailability or unwillingness to accept delivery, All State Conveyors Pty/Ltd reserves the right to dispatch them at All State Conveyors Pty/Ltd discretion or put them into storage at the expense and risk of the Customer.

21.2 All State Conveyors Pty/Ltd will deliver the Services in accordance with the service delivery schedule provided to the Customer.

21.3 Time for delivery of the Goods and/or Services is estimated in good faith and while every effort is made to meet an estimated delivery date All State Conveyors Pty/Ltd will not be liable for any loss incurred as a result of delay or failure to make any supply of Goods or Services or to observe

any of these Terms due to an event of Force Majeure. During the continuance of an event of Force Majeure All State Conveyors Pty/Ltd’ obligations under these terms will be suspended.

21.4 The Customer must notify All State Conveyors Pty/Ltd in writing within 7 days of receipt of the Goods of any damage or shortage to the Goods. If the Customer does not notify All State Conveyors Pty/Ltd within such time period, the Customer is deemed to have accepted the Goods unconditionally. Orders cannot be cancelled or postponed by the Customer without the prior written authorisation of All State Conveyors Pty/Ltd. All State Conveyors Pty/Ltd has a no return policy for delivered Goods.

22 – Retention of Title

22.1 All State Conveyors Pty/Ltd and the Customer expressly agree that the legal and equitable title in any Goods sold and delivered by All State Conveyors Pty/Ltd to the Customer shall not pass to the Customer until the Amount Payable for the Goods has been paid in full and the funds are cleared. Until that time the Customer may sell the Goods in the ordinary course of business as agent for All State Conveyors Pty/Ltd and the proceeds shall be held in trust for and as the property of All State Conveyors Pty/Ltd. The Customer, in the capacity of trustee shall not assign any property held in trust on behalf of All State Conveyors Pty/Ltd to any third party. Prior to any sale by the Customer, the Customer shall hold possession of the Goods for and on behalf of All State Conveyors Pty/Ltd as bailee in a fiduciary capacity for All State Conveyors Pty/Ltd and shall return the Goods to All State Conveyors Pty/Ltd on demand.

22.2 All State Conveyors Pty/Ltd will be entitled to enter the premises of the Customer at any time to recover possession of those Goods for which payment in full has not been made. It is agreed between All State Conveyors Pty/Ltd and the Customer that where All State Conveyors Pty/Ltd enters the premises of the Customer to take possession of the Goods and it is not possible to otherwise identify the ownership of the Goods in the possession of the Customer, the Goods will be treated as though they were sold by the Customer in the same sequences the Customer has taken delivery of the Goods. If the quantity of the Goods exceeds the amount owing, All State Conveyors Pty/Ltd will be entitled to determine which of the Goods it claims ownership of the Goods in.

22.3 The Customer must keep the Goods insured against all risks for goods of that kind from the time the risk in the Goods passes to the Customer until the time the title in the Goods passes to the Customer.

23 – Price and Payment

23.1 Unless otherwise stated, all prices are quoted at Ex Works from All State Conveyors Pty/Ltd nominated premises and do not include freight, insurance or taxes. If variations should occur prior to delivery, the price may be amended by All State Conveyors Pty/Ltd.

23.2 All State Conveyors Pty/Ltd will invoice the Customer upon delivery of the Goods and Services. The Customer will pay the whole amount of any debit balance shown on an invoice on the Due Date without any set off. The Customer agrees that if any Amount Payable is not paid by the Due Date All State Conveyors Pty/Ltd shall be entitled to charge and recover interest at the rate of 1.5% per month or part thereof on the Amount Payable overdue for the period between the Due Date until payment is made in full. Payment received from the Customer is valid once honored or funds are cleared.

23.3 The Customer agrees to indemnify and keep indemnified All State Conveyors Pty/Ltd against any costs incurred by All State Conveyors Pty/Ltd in connection with the Customer’s failure to pay on the Due Date to include but not limited to legal fees on an indemnity basis and debt collection agency fees.

24 – Warranty

24.1 The warranty specific for the Goods supplied by All State Conveyors Pty/Ltd shall be provided to the Customer when the Order is acknowledged. All State Conveyors Pty/Ltd warrants that the Goods supplied shall, under proper use, be free from defects in materials and workmanship and conform to the Contract. In this clause 8 “proper use” means installation, commissioning, operation and maintenance in accordance with All State Conveyors Pty/Ltd documentation and “defects” means any defect and/or omission in materials or workmanship and any nonconformity with the Contract. In no event does All State Conveyors Pty/Ltd give any warranty to parts or components manufactured and/or supplied by any third party, unless otherwise agreed.

24.2 To the extent that All State Conveyors Pty/Ltd is unable by law to exclude its liability, All State Conveyors Pty/Ltd obligations under this warranty shall be limited at All State Conveyors Pty/Ltd option to making good by repair or replacement any Goods in which any defect appears or in the case of Services the cost of providing the Services again. Any warranty claim must be notified in writing by the Customer to All State Conveyors Pty/Ltd within the warranty period of 7 days.

25 – Liability

25.1 Notwithstanding any other provision of these Terms, All State Conveyors Pty/Ltd is not liable to the Customer for any indirect, special or consequential loss or damage to include but not limited to economic loss, loss of opportunity, loss of production, loss of profit or revenue whether foreseeable or not, suffered or incurred by the Customer arising out of a breach by All State Conveyors Pty/Ltd of an Order or a negligent act or omission of All State Conveyors Pty/Ltd or a breach of a statutory duty or obligation by All State Conveyors Pty/Ltd. At all times, All State Conveyors Pty/Ltd total liability shall be capped at 100% of the value of the Order.

26 – Jurisdictions

26.1 The law of the state or territory in which All State Conveyors Pty/Ltd delivers Goods or Services to the Customer is the proper law of these Terms. The parties irrevocably submit to the nonexclusive jurisdiction of the courts of Victoria.

27 – General Provisions

27.1 If a provision of these Terms is wholly or partly invalid or unenforceable in any jurisdiction, that provision or the part of it that is invalid or unenforceable must to that extent and in that jurisdiction, be treated as deleted from these Terms. This does not affect the validity or enforceability of the remaining provisions.

27.2 Nothing in these Terms is intended to exclude, restrict or modify rights which the Customer may have under the TPA or any other legislation which may not be excluded, restricted or modified by agreement.

27.3 All State Conveyors Pty/Ltd may assign, novate or otherwise deal with any Order and or Credit Account made pursuant to these Terms without the consent of the Customer.

27.4 A party waives a right under these Terms only if it does so in writing. A party does not waive a right simply because it fails to exercise the right, delays exercising the right or only exercises part of the right. A waiver of one breach of these Terms does not operate a waiver of another breach of the same term or any other term.

27.5 Except for Orders which may be sent by email or facsimile transmission, any notice or demand must be in writing, marked for the attention of the Company Secretary and delivered by pre-paid post. Such notice or demand shall be deemed delivered 5 working days after the date of posting.

27.6 The Customer agrees to keep confidential all information which are disclosed to or obtained by the Customer and relate to the Goods or Services supplied.

27.7 All State Conveyors Pty/Ltd is under no liability in respect of Goods exported without necessary licenses, authorisations or consents.

To download Credit Account Application Form, Terms and Conditions of Credits, click here.