The contract for the sale of clay roofing tiles by Bristile Pty Ltd ABN 34 079 711 603 ("The seller") is made upon and subject to the following terms and conditions unless expressly altered, amended or added to by arrangement in writing:

1. Price

(i)	A quotation given by the seller shall be deemed to be an offer to sell upon these terms and conditions.
(ii)	The quotation shall remain current for a period of thirty (30) days from the date it is given unless previously withdrawn in writing by the seller,  (iii) The contract price shall be varied in the event of an imposition of sales tax or goods and services tax (GST) or an increase or decrease in the rate of sales tax or GST between the date of quotation and the date of supply of goods.

2. Rise and Fall

(i)	The quotation is based on costs and statutory obligations current at the time of the quotation and is liable to variation, (ii) Any variation in price either prior to or after conclusion of the contract may be added to or subtracted from the estimated price.
(iii)	The seller shall be entitled to vary the price after the confirmation and booking of the supply and fixing of tiles by the purchaser where there is a delay of more than three (3) months in undertaking the contract.

3. Payment

(i)	Payment in full shall be made prior to delivery of the tiles unless otherwise specifically arranged.
(ii)	If credit arrangements are agreed upon by the seller such arrangements shall be subject to the following conditions: (a) A guarantee of payment by a guarantor acceptable to the seller or such other security or credit arrangements as may be acceptable to the seller; (b) Payments to be made strictly thirty (30) days.
(iii)	Failure to pay in full or in accordance with the credit arrangements as agreed shall entitle the seller to: (a) Regard the contract as terminated; (b) Recover the value of all goods supplied and work performed to the date of release; (c) Retain possession of the goods until payment and to have a general lien on the goods for the unpaid purchase price of any other goods sold and delivered to the seller under the same or any other contract; (d) To enter the premises occupied or owned by the purchaser to recover any goods which are the property of the seller if the sellers written demand for payment remains unsatisfied for a period of seven (7) days from the date of demand.
(iv)	Notwithstanding clause 13, the purchaser is not entitled to retain any part of any progress payment or the final payment which all must be paid in full when they fall due.

4. Cartage

(i)	All cartage will be by the sellers carrier unless otherwise directed in writing by the purchaser.
(ii)	Where the purchaser arranges cartage for the tiles and payment of the consignment is to be made in cash, it shall make such payment in full before being entitled to remove the tiles from the sellers yard,
(iii)	Upon payment aforesaid title and risk in the tiles shall pass to the purchaser. Where payment is to be made by some other arrangement, in accordance with clause 3 and where the purchaser arranges cartage for the tiles, risk in the tiles shall pass to the purchaser upon despatch of the tiles from the sellers premises, (iv) Where the purchaser arranges cartage for the tiles, cost of cartage shall be for the purchasers account.

5. Claims
Claims for damage, excluding those in clause 14, must be recieved in writing seven (7) days from the date of the sellers invoice.

6. Title
Title to the tiles or materials supplied and fixed shall pass to the purchaser upon payment of all monies owed by the purchaser to the seller.

7. Liability for Damages

(i)

The seller shall not be liable to the purchaser for any loss or damage suffered by the purchaser: (a)  In excess of the contract purchase price; or (b)  In a situation covered by Section 68A of the Trade Practices Act, for a sum greater than the replacement value of the tiles; whether due to or arising out of or contributed to by the failure of the seller to deliver at all or on time any of the tiles; or whether due to any fault or defect in the tiles or for any other reason whatsoever.

(ii)

The seller shall not be liable to replace defective goods unless written notice of the defect is given to the seller within three (3) calendar months of the date of the delivery of the goods.

8. Warranties and Conditions
All representations, warranties or conditions not expressly contained herein or implied by statute (including but without limiting the generality of the Sales of Goods Act 1899) and which are capable of being lawfully excluded are hereby excluded.

9. Cancellation

(i)	Cancellation of any order for tiles must be notified to the seller in writing twenty four (24) hours prior to the first delivery of any consignment of tiles comprising part of or all of the order,
(ii)	If an order is cancelled the purchaser undertakes to reimburse the seller for any expenses reasonably incurred in the preparation or the execution of the order.

10. Force Majeure

(i)

The seller shall not be liable for any failure to perform or for any delay in the performance of a contract due to strikes, plant kiln or equipment failure, failure of supply of natural resources and other manufacturing ingredients, black-outs or other labour difficulties, fire, explosion, flood, earthquake or Government action or prohibition or any other cause of circumstance beyond its reasonable control.

(ii)

The seller is nevertheless entitled to recover all sums owing to it in respect of any deliveries made or services performed prior to the date of such determination, and may recover all payments made and all expenses reasonably incurred by it in connection with the contract from the purchaser.

11. Sale by Sample

(i)	The bulk of tiles provided shall be deemed to correspond with the sample of tiles sighted by the purchaser, notwithstanding variations in the colour of the tiles supplied from the samples sighted and the purchaser acknowledges with the seller that variations in colour are unavoidable due to differences in natural clay deposits and kiln fired products,
(ii)	Further, the purchaser acknowledges that it has been advised by the seller to purchase its total requirements in one order for delivery in one consignment.

12. Surplus Material
All surplus tiles, accessories and other materials remain the property of the seller.

13. Guarantee
The seller will without cost to the purchaser keep roofs tiled by it in good order and repair for a period of two (2) years from the date of completion of the work provided the work required to put the roof in such order is made necessary by defects in the tiles or battens or other materials supplied by the seller or in the seller's workmanship.

14. Damage to Ceilings and Linings
The seller will not be responsible for unintentional damage to ceilings or fibre cement linings occurring as the result and in the course of carrying out the contract if the ceilings or linings are installed before tiling is completed. When pre-painted or similar gutters are used, the purchaser is to arrange adequate protection from damage by battens or ladders.

15. Damage by Other Trades
The seller will not be responsible for damage caused by tradesmen or other workers other than those employed by or sub-contracted to the seller, and any costs necessary to repair such damage will be at the purchaser's expense.

16. Requirements for Tiling
Compliance with the sellers Requirements for Tiling forms part of these terms and conditions.

17. Occupational Health Safety and Welfare Act 1984
The seller shall ensure that any plant equipment or thing that is supplied and fixed by the seller complies with the requirements of the current Occupational Health Safety and Welfare Act 1984 and the relevant standards of the Australian Standards Association PROVIDED THAT the purchaser shall not be entitled to an indemnity against any loss, claim, demand or
damage suffered by the purchaser as a result of the failure of the seller to comply with the said Legislation.