Terms & Conditions

QUEENSLAND INDUSTRIAL SUPPLIES PTY LTD
TRADING AS QIS PACKAGING

TERMS AND CONDITIONS OF SALE

Any term or condition of this contract which infringes any legislation whether State or Federal shall be severable from this contract without
affecting the remaining terms and conditions.

1. DEFINITIONS
“The Company” means Queensland Industrial Supplies Ltd Trading as Q.I.S. Packaging.
“Credit Account” means an account by Queensland Industrial Supplies Pty Ltd for the supply of goods to the customer on credit payment terms.
“The Customer” means a person, firm or company purchasing the goods.
“The Goods” means the goods listed on the fact of a Quotation or otherwise ordered by the customer for supply by Queensland Industrial Supplies
Pty Ltd.
“The Purchase Price” means the price for the supply of the Goods in transaction currency AUD. All transactions are processed in Australian
Dollars.
“Quotation” means a written quotation provided by Queensland Industrial Supplies Pty. Ltd trading as QIS Packaging to the customer for the
supply of goods.

2. DELIVERY
The obligations of Queensland Industrial Supplies Pty Ltd pursuant to the Contract shall be deemed to be complete when:-
(a) In the case of goods sold where Queensland Industrial Supplies Pty Ltd is not to make delivery, when they are made available for collection
by the Customer; and
(b) In the case of goods sold or where Queensland Industrial Supplies Pty Ltd is to make delivery, when such goods are so delivered

3. TITLE AND RISK
3.1 Risk in the goods shall pass to the customer at the time when the obligations of Queensland Industrial Supplies Pty Ltd pursuant to the
contract are deemed, under clause 2 to be completed.
3.2 Irrespective of the time when risk in the goods shall pass, passing of property and title in the goods shall be determined as follows:-
(a) Property and title in the goods shall remain with the said Queensland Industrial Supplies Pty Ltd until the customer has made payment in
full of the purchase price (and any other monies owing hereunder);
(b) Pending payment in full of the purchase price, any other monies owing hereunder, the customer shall retain the goods upon its premises
(within the State of Australia that supply is made) in a manner such that they are readily identifiable as the property of Queensland
Industrial Supplies Pty Ltd.
(c) In the event that the customer defaults in payment of the purchase price or any other monies owing hereunder Queensland Industrial
Supplies Pty Ltd and its employees or agents shall have the right to enter upon the customer’s premises or any other premises where the
goods are known to be stored to repossess the goods, and for this purpose the customer shall grant all reasonable access, rights and the
said Queensland Industrial Supplies Pty Ltd shall be entitled to do all things required to secure repossession. Upon repossession of any
of the goods Queensland Industrial Supplies Pty Ltd shall thereafter be entitled, in its discretion, to re-sell the goods to any third party in
which the customer shall not have any action whatsoever against Queensland Industrial Supplies Pty Ltd for breach of contract or
otherwise.
(d) If the customer sells or otherwise disposes of the goods to a third party prior to making payment of the purchase price or any other
monies owing hereunder, Queensland Industrial Supplies Pty Ltd shall be entitled to so much of the proceeds of such sale equivalent to
the amount of monies owing to Queensland Industrial Supplies Pty Ltd by the customer.
3.3 The Customer hereby agrees with Queensland Industrial Supplies Pty Ltd that if the customer should make (a) new object(s) from the goods
hereby sold or mixes the goods or if the said goods hereby sold in any way whatsoever becomes a constituent of (an) other object(s)
Queensland Industrial Supplies Pty Ltd will be given ownership of this (these) new object(s) or surety of the full payment of the amount that
the customer owes Queensland Industrial Supplies Pty Ltd.
3.3.1 To facilitate the aforementioned clause, the customer hereby agrees that ownership of the goods in question, whether finished or not, are to
be transferred to Queensland Industrial Supplies Pty Ltd and that this transfer of ownership will be considered to have taken place through
and at the moment of the single operation or event by which the goods are converted into (a) new object(s) or is mixed with or becomes a
constituent of (an) other object. Until full payment of the amount the customer owes Queensland Industrial Supplies Pty Ltd , the Customer
shall keep the object(s) in question for Queensland Industrial Supplies Pty Ltd in the customer’s capacity of fiduciary owner and shall store
this (these) object(s) in such a way that it (they) can be recognized as such.
The Customer shall be entitled to sell the object(s) to a third party within the normal course of carrying on the customer’s business and to
deliver them on the condition that if Queensland Industrial Supplies Pty Ltd requires, the customer for as long as he has not full discharged
his debt to Queensland Industrial Supplies Pty Ltd shall vest in Queensland Industrial Supplies Pty Ltd any rights that the customer may have
or otherwise accrue against the buyer emanating from the transaction.
3.4 In addition to any other monies payable by the customer to Queensland Industrial Supplies Pty Ltd pursuant to this agreement, Queensland
Industrial Supplies Pty Ltd shall be entitled to charge for and recover from the customer on demand all costs, loss or damage incurred by
Queensland Industrial Supplies Pty Ltd in exercising any of its rights pursuant to clause 1.2 above, including, but not limited to, the cost of
storage, labour, transportation and administration costs at Queensland Industrial Supplies Pty Ltd’s prevailing commercial rates.

4. QUOTATIONS
All quotations are subject to withdrawal or variation at any time prior to acceptance of order. The Company also reserves the right to amend
prices at any time for the undelivered portion of any order. Provided, however, that the Purchaser shall have the right to cancel such outstanding
balance of an order within seven (7) days from the date or notification of an amendment to the price thereof.

5. OFFER AND ACCEPTANCE
Any quotation made by the Company is not an offer to sell and no order given in pursuance of any quotation shall bind the Company until accepted
by it in writing. Unless otherwise agreed in writing all orders are subject to acceptance by the Company within 30 days of receipt by the Company
of the Purchaser’s order and these terms and conditions shall be deemed to be incorporated in any agreement between the Company and the
Purchaser. Any terms and conditions contained in any order offer acceptance or invoice of the Purchaser and all representations statements terms
condition and warranties (whether implied by statute or otherwise) not embodied herein are expressly excluded to the fullest extent permitted by
law.

6. DELIVERY DATES
6.1 Any date quoted for delivery is an estimate only and unless a guarantee shall have been given by the Company in writing providing for
liquidated damages for failure to deliver by the quoted date the Company shall not be liable to the Purchaser for any loss or damage
howsoever arising for failure to deliver on or before the quoted date. The purchaser shall accept and pay for goods if and when tendered
notwithstanding any failure by the Company to deliver by the quoted date.
6.2 The Company reserves the right to deliver by installments. If delivery is made by installments the Purchaser shall not be entitled:
(i) to terminate or cancel the contract; or
(ii) to any loss or damage howsoever arising for failure by the Company to deliver any installment on or before the quoted date.

7. QUANTITY DELIVERED
Every endeavour will be made to deliver the correct quantity ordered, but, owing to the difficulties of producing exact quantities, the Company
shall not be liable if the variation is plus or minus 20%. Any such variation shall be charged for or deducted pro rata.

8. CANCELLATION
Any order may only be cancelled by mutual agreement and in the event of such cancellation the Purchaser undertakes to reimburse and indemnify
the Company for any costs expenses or charges incurred by the Company in preparation for and in the execution of an order which without limiting
the generality thereof shall include an amount equal to fifty per centum of the net profit of the order had the order not been cancelled.

9. PAYMENT
Unless stated to the contrary on the face of this document, the whole of the purchase price is due immediately upon delivery of the goods to the
Purchaser or the Purchaser’s agent and is payable on demand or, if no demand is made, within thirty (30) days from the end of the month in which
the goods are delivered to the Purchaser, his carrier or agent. The Company reserves the right to charge interest at the rate of fifteen percent
(15%) per annum calculated daily on any overdue amounts.

10. PRICE
10.1 Unless otherwise expressly agreed in writing the price of the goods shall be that price charged by the Company at the date of delivery plus
the amount which the Company is required to pay on account of any excise, or GST or any other taxes or charges which may be established
or levied by any governmental authority (domestic or foreign) upon the goods or any part thereof, or the manufacture, use, sale of or delivery
thereof.
10.2 Unless otherwise specified any prices quoted do not include transportation costs. Goods shall be supplied ex works.
10.3 The prices quoted are based on present day cost of labour and materials and will be subject to contract price adjustment at the option of the
Company.

11. RETURNS
11.1 Returns will not be accepted unless prior arrangements are made with our Sales Department, stating clearly the reason for the goods being
returned.
11.2 Claims for short deliveries and damaged goods will be not recognised unless notified within 48 hours of receipt of goods. If goods have
been accepted by your carrier, any claim for shortages or damaged goods should be directed to the carrier.
11.3 Goods sold as “stock clearance” or “specially bought in” or “manufactured to your specifications” will not be accepted for return under any
circumstances.
11.4 Any arrangement to return goods should be made within 30 days of receipt. We will not be bound to consider claims beyond 30 days of
receipt of goods.
11.5 Goods ordered incorrectly by the customer will be accepted for return as long as they do not fit into the goods sold at 11.3 categories. Upon
receipt into our warehouse we will credit the customer for the goods only but not the freight. The customer is liable for the cost of the freight
to return the incorrectly ordered goods to us. Goods being returned must be in a saleable condition and only unbroken cartons or packs will
be accepted. The Company has the right to refuse to credit the customer if upon receipt into our warehouse the goods are not saleable.
11.6 The Company has the right to charge a 10% handling fee for accepting the return of incorrectly ordered goods by the customer.
11.7 If the Customer wishes to exchange incorrectly ordered goods for more goods to be despatched, then the customer is expected to pay for the
new items as well as the freight charge for the delivery unless collecting from our warehouse. As per 11.5 we will credit incorrectly ordered
goods ONLY upon receipt into our warehouse.