Conditions of Sale

1. All prices are subject to alteration without prior notice. Prices charged are those at the date of delivery.

2. An order given to ABGAL Pty. Ltd. by the Purchaser shall be binding if either:-
(a) a written Acceptance of Order is signed for and on behalf of ABGAL Pty. Ltd. or
(b) if the goods are manufactured by ABGAL Pty. Ltd. in accordance with the order or
(c) if the goods are delivered by ABGAL Pty. Ltd. to the Purchaser, his servants or agents or any carrier or
(d) the Purchaser accepts ABGAL Pty. Ltd's quotation. An acceptance of the order by ABGAL Pty. Ltd. is and shall be deemed to be an acceptance of these Conditions of Sale and the Purchaser notwithstanding any inconsistencies which may be introduced in the
Purchaser's order of acceptance unless expressly agreed by ABGAL Pty. Ltd. in writing.

3. Any times quoted for delivery and installation are estimates only and ABGAL Pty. Ltd. shall not be liable for failure to deliver or install or for delay in delivery or installation arising from any cause whatsoever beyond ABGAL Pty. Ltd's control. The Purchaser shall not be relieved of any obligation to accept or pay for goods by reason of any delay in delivery or despatch.

4. The risk of loss or damage to any goods shall pass from ABGAL Pty. Ltd. to the Purchaser at the time of delivery to the carrier or the Purchaser whichever is the earlier. All custom products over 100kg in weight are supplied in lightweight wrapping designed to protect the product from dust only. If the product is to be transported on a general carrier it will require additional packaging or crating which will be charged to the Purchaser at an agreed rate.

5. Terms of payment for the goods are strictly as specified on the face of the invoice.

6. Insurance shall be the Purchaser's responsibility.

7. A delivery charge will apply to all orders unless other freight arrangements have been made or approved by management.

8. Invoice values of less than $300.00 (excluding tax) shall be subject to a handling fee.

9. No claims will be recognised unless made within 7 days of delivery.

10. If the Purchaser makes default in any payment, commits an act of bankruptcy or enters into involuntary liquidation, ABGAL Pty. Ltd. may as its option withhold further deliveries or cancel the contract without prejudice to its rights hereunder.

11. Transfer of Ownership
(a) Ownership of any goods delivered by ABGAL Pty. Ltd. to the Purchaser is only transferred when payment in full for the goods has been received by ABGAL Pty. Ltd.
(b) Where ABGAL Pty. Ltd. has not been paid in the manner specified herein and ABGAL Pty. Ltd. delivers the goods to the Purchaser then until disposed of by the Purchaser in accordance with the provisions of this clause the Purchaser agrees with ABGAL Pty. Ltd. to keep the goods as a trustee for ABGAL Pty. Ltd. and if required to store the goods in a manner that clearly identifies them as the property of ABGAL Pty. Ltd.
(c) Notwithstanding the provisions of the last two preceding sub-clauses the Purchaser may sell the goods to a third party in the ordinary course of his business and deliver them to that party subject to the following conditions:-
(d) where the Purchaser is paid by that party the Purchaser holds the whole of the proceeds of sale on trust for ABGAL Pty. Ltd. and
(e) where the Purchaser is not paid by that party the Purchaser agrees at the option of ABGAL Pty. Ltd. to assign his claim against that party to ABGAL Pty. Ltd. upon ABGAL Pty. Ltd. giving the Purchaser notice in writing to that effect.

12. Filling of an ABGAL Pty. Ltd. liner constitutes acceptance, by the Purchaser, of size, colour and fit. No claims for alteration or modification will be accepted if a liner has been filled.

13. Return of goods shall not be accepted unless authorised by ABGAL Pty. Ltd. Custom-made goods and cut material are not returnable.

14. ABGAL Pty. Ltd. warrants that goods manufactured by it are free from faulty workmanship.

15. ABGAL Pty. Ltd. accepts no responsibility for the engineering or design of the products they fabricate.

16. The Purchaser must conduct his own tests to ensure that the product they purchase from ABGAL Pty. Ltd. is suitable for the particular application of intended use.

17. Unless otherwise provided in written contracts, products are sold without warranties or conditions expressed or implied. Any comments made regarding project construction are made on an informative basis not as a recommendation. All questions regarding project design should be referred to a competent qualified engineer.

18. All installations shall be by and at the expense of the Purchaser unless otherwise agreed in writing.

19. Any cheques dishonoured, the bank and administration costs will be charged..

20. 1.5% interest per month will be charged on overdue accounts.

21. Credit Card Payments: ABGAL Pty Ltd accept both Visa and Mastercard. From 1st July 2014, all credit card payments will attract an additional charge 1.5% of the total invoice. At the time of payment, if you choose to use a credit card, the surcharge will be added to the total amount owing. This surcharge only applies to credit card payments made directly over the phone, by fax or by using the online system at shop.abgal.com.au. There is no surcharge for direct transfer, cheque or cash payments.

22. Legal and Recovery Costs
(a) In the event of default and in respect of recovery of monies owned by the Applicant to the supplier, all legal costs and/or any other expenses whatsoever incurred by the supplier shall be paid by the Applicant immediately upon demand in respect of this Agreement and associated Personal Guarantees where applicable. Such costs and/or expenses shall include but not be limited to a mercantile agents collection costs and commissions to a maximum of 20% of the total amount of the debt owing to the supplier, dishonoured cheque fees and/or expenses associated with the enforecement or attempted enforcement of any rights of the supplier pursuant to this Agreement.

(b) In any action, proceeding or claim brought or made against the Guarantor/s pursuant to this Agreement and associated Personal or Directors Guarantees, a certificate signed by either the Credit Manager or a Director of the supplier shall be prima facie evidence of the outstanding amount owed by the Applicant and also of the amount owed by the Guarantor/s.

(c) There shall be no obligation upon the Supplier to first make demand upon or proceed against the Applicant before making demand upon and proceeding against the Guarantor/s.