BANKSTOWN SAND & GEMENTACN 097 027 159

ABN 95 195 503 35835 HOSKINS AVENUE, BANKSTOWN 22OO

Tel: 02 9796 8119 Fax: 029796 4527

TERMS AND CONDITIONS OF SALE

1. Definitions

1.1 "Seller" shall mean The Trustee for Giannini Family Trust (ABN: 95 195 503 358)Tradingas Bankstown Sand and Cement.

1.2 "Buyer" shall mean the company or person named on the Credit Application herein andits servant or agents.

1.3 Any notice in writing required to be given under any agreement with the Seller shall bedeemed to be duly given if posted by ordinary pre-paid mail to the address of theaddressee as set out herein.

2. General

2.1 Subject to written waiver of any one or more of the terms and conditions by the Seller allorders placed by the Buyer shall be on the terms and conditions set out herein.

2.2 The Buyer agrees that all contracJs with.the Seller shall be deemed to be governed bythe law of the State of New South Wales, and agi6e3 t8 submit to the jurisdiction of theappropriate court in that State in an event of a dispute between parties.

2.3 Any variation or,gqlCellation of an order shall be'ldeemed to hatye:been'aoeepled by the$eller upen.,,1fi$ 1g66ipl,,,by the Buyer of the seller's ",hotice in writing to the effect

,,, r,r6the-rwise the liability of the Buyer undeir,the originalrragreement continues unabated.

3. Pricingi...- ...lllll:,'l'l:liir:i " ,,,1i

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3.1 Subject to written agreement to the contrary all sales are made at the prices quoted tothe Buyer at the time of antering into the agreement for the sale of goods.

4. Liability

4.1 The Sell€i,:will not be tiable for any claim loss or expense whatsoever "nd,.,,ho**"r"rari5ilg unless""itl,ig,,,:madb within 24 hours at time of;- . ,.,:...,,.. ,r,-

a) delivery to the premises by the Buyer; orb) when the @use of the claim loss or expense came or ought'ieasonably have

come to the notice of the buyer; which ever is the latter4.2 The Seller will not be subject to any liability which exceeds the replacement value of the

goods sold. The Seller will not be liable for any contingent consequential or punitivedamages arising in anyway whatsoever. The Buyer acknowledges this limitation of liabilityand agrees to limit any claim accordingly.

4.3 The Seller will not be liable for any claim loss or expense suffered due to or arising out ofcircumstances beyond the control of the Seller which result in the delay of delivery ofgoods.

4.4 The Buyer acknowledges that it has not relied upon the advice of the Seller and has notbeen inducted by any representation by the Seller in selecting goods purchased.

4.5 The Buyer agrees that this credit account is not transferable or assignable and that theapplicant and any guarantor's executing this Application of Credit or Deed of Guaranteeand lndemnity, at all times remains liable to the Seller pursuant of these terms andconditions of sale unless ihe Seller expressly acknowledges in writing that it has releasedthe Applicant or any one or more of the guarantors as the case may be, from the liabilityincurred on the granting of future credit.

5. Payment

5.1 Unless otherwise agreed in writing, all prices are strictly net and the Buyer shall makepayment within 30 days of the last day of the month of delivery of any goods (referred toherein as the 'due date').

5.2 lf payment is not made in accordance with the above terms the Seller reserves the rightto require payment in cash upon delivery of further orders.

5.3 lf payments are not made by the due date the Seller shall be entitled to charge defaultinterest at the rate of 5Yo per month in the amounts outstanding from time to time untilpayment in full is made.

5.4 ln the event of no payment for the goods having been received within '14 days of the duedate, the Seller reserves the right to refuse to supply further products to the Buyer untilpayment is made in full.

5.5 ln addition to any other remedies that the Seller may have it shall also be entitled to seekto recover all damages including expenses and costs of collection at a rate notexceeding 2O%o of all monies due but unpaid.

5.6 These terms and conditions of sales may be subject to any variation or alteration bynotice in writing to the Buyer by the Sellet including but not limited to any variation oralteration which may be contained in any invoice(s) supplied to the Buyer by the Sellerfrom time to time. Such variations or alterations will apply as and from the date the noticeis given or any other date nominated by the Seller which ever should occur later.

6. Property and Risk

6.1 Property in the goods will remain with the Seller until the price of those goods has beenpaid for in full.

6.2 The risk in the goods will transfet !o the Buyer upon delivery to the Buyer or his agent orto a carrier nominated by the Buyer.

6.3 The Buyer may affect sale of goods or part thereof in the usual course of business uponthe following conditions:-(a) thatlhe Buyer holds all proceeds of the sale relating to the Seller's goods on trust

for the Seller;(b) that the Buyer agrees (if required) to assign to the Seller any rights to any

outstanding monies relating to the sale or disposal of the Seller's goods.

7. Delivery

7.1 The Buyer sn"fi respohsible to;ioSt,,ot Oeliveries. The Seller shall be entitld tochoose the method of transport.

7.2 "':,,,:,,,166r:$uyer shall provide reasonable and proper access to the site specified for delivery.7.3 '',The co5t"d:delivery shall inctude charges for time spent at the Buyer's prcmises

unloading tne'$oois,,provided:,,such tiie does not exceed 30 minute. in event of thetime nedessarily spent at the Buyerls premises exceeding 30 minutes due tocircumstances beyond the control of the Seller the Buyer hereby agrees to pay anadditional fee calculated at the rate of $35.00 for each 30 minutes or part thereof inexcess of 30 minutes.

8. Returns

8.1 Goods will only be accepted for return if authorised in writing by the Seller prior to suchreturn.

9. Termination

9.1 lf the Buyer:-a) fails to comply with any of these conditions; orb) being an individual commits an act of bankruptcy, or corporation passes a

resolution for winding up or liquidation; orc) enters into any composition or arrangement with creditors or a receiver or

manager is appointed for any propefty or assets; ord) becomes liable to be wound up by reason or insolvency or if any petition is

presented for its winding up;The Seller may in addition to exercising any of its right against the Buyer suspended anyfudher deliveries and immediately recover possession of any products not paid for in fulland sell them and if permitted by law, take proceedings against the Buyer for therecovery of the balance of the monies owing.

APPLICAf,ION FOR CREDIT

NAME OF BUYER(S) COMpANy/TND|VIDUAL(S) .

TRADING AS ,.,,BUSINESS ADDRESSPOSTAL ADDRESSCONTACT NAME

TELEPHONE....... FAX... .MOBILE

BUSINESS CONDUCTED AS:- (CIRCLE WHICHEVER APPLICABLE)SOLE TRADER PARTNERSHIP Pry OR LI-D COMPANY TRUSTIF TRUST WHO IS BENEFICIARY .....IF COMPANY DATE OF INCORPORATION .. ACN NO ...NUMBER OF YEARS IN BUSINESS ..... .....ABN NO...PARTICULARS OF DIRECTORS, PARTNERS OR PROPRIETORS:-1. NAME ...POSITIONRESIDENTIAL ADDRESSPRIVATE TEL. .. ....MOB, .D/IC I!O.

2. NAME .POSITION

RESIDENTIAL ADDRESS

3. NAME ..!,::!:: ....:pOg+TtO,N,........RESIDENTIALADDRESS.:...... ..r,:,:........-..........:,,,i,: ...........:.'::i;:*r1,.....

1. NAME .....FAXNO ..

2. NAME ...FAX NO ..

3. NAME ..,........r;:-,.i'iii;ii:.,,;l:,,iri.....,.... .......fAX NO .......:,itti*jiit;it;.....,..;]...4. NAME .FA)( NO

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1. I/!VE HEREBY RECIUEST THE OPENING OF A CREDIT ACCOI.JNT AND Pf,OMDE THE ABOVE INFORMATION IN SUPPORTTHEREOF.

2. tlwE HEREBY AUTHORTSE YOU TO MAKE Al.ry ENQUIRES OR E(CHANGE OR DTSCLOSE A$Y]NFffiMliTlON C9NoERNTNGNry/OUR CREDI, FORM OR TO AT.IY PERSONS OR SOURCE AUTHOBISED UNDER THE PRIVACY ACT AND I/WE ACKNOWLEDGErHAT YOU MAY SUPPI-YTHIS INFORMATION TO A CREDilIIEISEIING AGENCY

3. IN CONSIDERATION OF YOU FIAVII$O AqEEE..P]O-SELL GOODS AND DfiEND QRqqT, YWE HEREBY CHARGE WTH PAYMENTOF ALL MONIES WHICH AT Ai.IY TIME OR FROM NME]?e,liME}i*',&fiilt*:MiD,FNYNBLE OR OWNG BUT NOT THENPRESENTLY PAYABLE BY US ALONE OR JOINTLY OR JOINTLY AND SEVERALLY WITH ANY PERSON TO YOU (AND WHERE THIS

APPLICATION IS SIGNED BY I\4ORE THAN ONE PERSON, JOINTLY AND SEVERALLY WITH ANY SEVERALLY CHARGE) ASBENEFICIALLY OWNER ALL FREEHOLD AND LEASEHOLD INTERESTS IN LAND WHICH THE APPLICANT/S NOW HAS OR MAY

ACQUIRE,4. INUE AGREE TO HAVE BOUND BY THE TERMS AND CONDITIONS OF SALE WHICH IAVE ACKNOWLEDGE WE HAVE READ AND

UNDERSTAND AS SET OUT IN THIS APPLICATION AND WARRANT THAT THE INFORIVATION GIVEN BY IVE/US HEREIN IS TRUEAND ACCURATE.

SIGNED BY (ON BEHALF OF THE APPLICATION(S) AND ALL PROPRIETORS):-

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WITNESSED BY:-

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DEED OF GUARANTEE & INDEMNITY

lN CONSIDERATION of you the seller having agreed or agreeing to sell goods or to provide servicesgranting or giving credit to

hereinafter called "the company" with it's registered office at

at my request and forebearing for the time being to sue the company for recovery of monies owing byit to the seller, l, and where more than one, and each of us HEREBY jointly and severally for ourselvesand our respective Executors and Administrators UNCONDITIONALLY AND IRREVOCABLYGUARANTEE to the Seller the due and punctual payment of all monies which are now or may atanytime until we are released in writing be owing to the Seller by the Company including all costs,charges, damages, expenses, and costs of collection as set out in Sellers Terms and Conditions ofSale which may be incurred by the Seller in the exercise or attempted exercise of any power or remedyAND UNDERTAKE as a separate and additional obligation under this lnstrument and as a principalDebtor to indemnify and keep you indemnified against any loss that you incur as consequence offailure for whatever reason for the due and punctual payment by the company of any monies due toyou as aforesaid AND lN CONSIp.ERATION and aforeSaid WE,FURTHER AGREE that this guaranteeshall be a continuing guarantee and shall not be considered as wholly or partty satisfied or dischargedby the payment orrliquidation at any time or times hereafter of any sums or sum of money for the timebeing due to the Seller.'as aforesaid or by any settlement of account or by any other matters or thingwhatsoever including a change in the terms in which the seller sells goods or provides goods orextends credit to the company but shall extend to cover and be security for all sums of money at anytime due to the seller as aforesaid nohrvithstanding any such payment, liquidation settlement oraccount or other matter or thing whatsoever and Ihat ln tne event of any'payment being ,"0" to tn"seller by or on behalf of the coirpany and avoided by any statutory pr*ilio, il;i ;;fi";iJ"ti;;deemed not to have discharged the liability of any of us and in the event of such payment beingavoided the parties hereto are restored to the rights which each respectively would have had if thepayments had not been made and that this guarantee shall not be determined by the death of us orany oJ us or,by notice of sUch death oi deaths oJ the Seller may grant any time or other ihdulgence tothe company at any time without effecting the liability of us or any of us under this instrument or anycompounding release waiver or variation of this instrument and that a certificate signed by any personwho is for the,time beinQ a secretary or director of your compahies which relies on this, agreementstating the amount due to such company by such company shall be prima facie evidence of the factand each of us agrees that he or she will not oqact:to the admissibility of each certificate in any legalproceeding AND FURTHER AGREE'AND HEREBY CHARGE as a separate and additionat abtationunder this lnstrument CHARGE with payment of monies hereby guaranteed (and where this lnstrumentis executed by more than one person JOINTLY AND SEVERALLY CHARGED) as beneficial owner allfreehold and leasehold interests in land and which I now have or may acquire.

Guarantor '1 .... Guaranto12

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