1. These terms and conditions apply to all goods supplied by us to you.  You are agreeing to them by placing an order with us. 

PURCHASE

2. You must pay us the price for the goods we supply to you, together with any other applicable fees or charges, within 30 days after the date upon which you received them, unless an alternative agreement has been mutually determined in writing.

3. Unless specifically stated otherwise, all prices which we quote or estimate to you are exclusive of GST.  If GST is payable on a Taxable Supply made by us to you, then you must also pay the amount of GST payable in respect of that Taxable Supply as additional payment.  However, you are not obliged to do so until we provide you with a Tax Invoice or Adjustment Note, as the case may be. In this clause, “GST”, “Tax Invoice”, “Taxable Supply” and “Adjustment Note” have the meanings given by the A New Tax System (Goods and Services Tax) Act 1999 (Commonwealth).

4. All queries regarding goods supplied, invoicing and shortages must be advised to us within 7 days after the date upon which you received them.

5. Orders made and goods supplied are made on the basis of these Terms and Conditions of Sale and no other conditions made or implied or stated on the customer order will apply unless specifically accepted in writing by us.

6. You must pay interest on any amounts not paid by the due date at a rate 2% higher than the rate for the time being fixed under section 2 of the Penalty Interest Rates Act 1983 (Victoria) as at the date the amount became due.

DELIVERY

7. For all orders over $300.00, delivery is quoted as Free Into Store (F.I.S.) or Free on Rail (F.O.R.) in the metropolitan area.  Orders under $300.00 will incur a delivery charge.

GOODS RETURN

8. Goods cannot be supplied on a sale or return basis.  Goods may be returned for credit provided they are returned within 7 days of delivery and are accompanied by the original Invoice.

ORDER ACCEPTANCE

9. All orders are accepted on the basis of, and will be invoiced at, the prices in effect on the date of dispatch from our factory.

PAINT LEVY

10. We are authorised by the ACCC to charge a paint levy on nominated products. The paint levy is currently 15 cents per litre of the following products: Interior/exterior architectural paint, deck coatings, floor paints, primers, undercoats & sealers, stains, shellacs, varnishes, urethanes (single component) wood coatings and packaging.

See Paintback website for further details: www.paintback.com.au

We reserve the right to change the levy and products subject to the levy at any time.

ALTERATION TO PRICE

11. We reserve the right to alter prices at any time without prior notification.

PROPERTY

12.     Property in goods supplied remains with us until we have been paid in full for all amounts you owe us including payment for the goods and any applicable interest, fees and charges, and until then:

(a)     you hold the goods only as a bailee and have no right to claim any other interest in the goods, including any security for any liquidated or unliquidated debt or obligation that we owe you, or any lien over the goods;

(b)     we may enter and recover possession of the goods from any site owned, possessed or controlled by you and you grant us an irrevocable licence to do so;

(c)     you must not deliver or on-supply any of the goods (nor any document of title to them) to any person, but if you do then you hold the proceeds of the on-supply of the goods on trust for us and must pay the amount to us immediately when received;

(d)     you must not allow any person to have or acquire any security interest in the goods nor create any absolute or defeasible interest in the goods in relation to any third party except as we may authorise;

(e)     you must insure the goods for their full insurable or replaceable value (whichever is higher) and provide us with details of the insurance if we request it;

(f)      you must not remove, deface or obliterate any identifying mark or number on any of the goods;

(g)     your right to possession of the goods ceases if we recall or recover the goods, or if you become insolvent, you enter into voluntary or involuntary administration or receivership, or a petition is filed for your bankruptcy or winding up.

13.     You also agree:

(a)   that the retention of title under this clause is a security interest within the meaning of the Personal Property Securities Act 2009 (“PPSA”);

(b)   to grant us a purchase money security interest (as that term is defined in the PPSA) in relation to the goods;

(c)   to contract out of all of your existing and future rights under the provisions referred to in paragraphs (a) through to (r) in section 115(1) of the PPSA, to the full extent permitted;

(d)   to sign any documents or do any things which we may reasonably require to enable us to register a financing statement or financing changes statement on the register (as defined in the PPSA);

(e)   to pay any costs we incur in registering and maintaining a financing statement (including registering financing change statement) and enforcing the security interest created under these terms and conditions.

14.     Risk in the goods passes to you upon their delivery to or collection by you.

INDEMNITY

15. You hereby indemnify us and our employees, directors, contractors and agents against, and release us and them from, any loss (including reasonable legal costs and expenses) or liability incurred by us and/or them arising from any claim, demand, suit, action or proceeding by any person against us and/or them where such loss or liability arose directly or indirectly from or in connection with any breach of these terms and conditions or from use of the goods unless such liability is directly caused by the negligence or default of the person indemnified.

16. You (and your directors if you are a company) must not, and you must take steps to ensure that your employees, agents and contractors do not, nor assist anyone else to:

(a) copy, memorise, reproduce, misappropriate or reverse engineer the whole or any part of the goods;

(b) challenge, contest or oppose any of our intellectual property rights;

(c) use any name or logo associated with the goods other than as we authorise you;

(d) divulge our confidential information to any person or use it for your own benefit except as we have expressly authorised or as required by law.

17. Any specifications, details, statistics or performance figures we may have given you about the goods are only estimates and any deviation does not entitle you to make any claim against us. Any sample is provided only to indicate the general nature of the product, and we do not warrant that goods supplied will correspond with any sample or with any previous or future goods supplied.

WARRANTIES

18. Except as stated in any separate written warranty we may provide you with the goods or a quote, under no circumstances will we have any liability to replace or repair defects in the goods where:

(a) the defects have not arisen solely from faulty materials or workmanship;

(b) the goods have received maltreatment, inattention or interference or have been used, applied, packaged or stored other than in accordance with our instructions and recommendations;

(c)  products not manufactured by or approved by us have been used with the goods.

19. Except as provided in these conditions, all express and implied warranties guarantees and conditions under statute or general law as to merchantability, description, quality, suitability or fitness of the goods for any purpose or as to design, installation, materials or workmanship or otherwise are expressly excluded. We are not liable for physical or financial injury, loss or damage or for consequential loss or damage of any kind arising out of the application, supply, installation or operation of the goods or arising out of our negligence or in any way whatsoever.

20. If any condition or warranty is implied into this agreement under the Australian Consumer Law or any equivalent State or Territory legislation and cannot be excluded, then our liability is limited to one or more of the following:

(a) in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired;

(b) in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.

INTERPRETATION

21. Nothing in these conditions is to be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law and which by law cannot be excluded, restricted or modified.  

22. In these terms and conditions,

(a) “we”, “us” or “our” means Henry Haymes Pty Ltd ACN 004 201 638;

(b) “you” or “your” means the party named as “customer” on any attached or overleaf invoice, delivery docket or quote;

(c) “goods” includes all goods supplied by us to you including any associated services except where the context does not permit;

(d) “our confidential information” includes all of our secrets, ideas, know how, concepts, information, copyright, computer programs, manuals, precedents whether in writing or in any other form and all other information relating to us or our affairs, businesses, sales, marketing or promotional information, and any information about the ingredients, mix, make-up or manufacturing process of the goods.

The following are the Terms and Conditions of trade Cash Accounts for Henry Haymes Pty Ltd ACN 004 201 638:
                                                                                                                                                                                                                        “Haymes Paint”, “we”, “our” or “us”

1.    Cash Account

1.1.    Upon completion of a Cash Account Application, we may, at our sole discretion, open an account on a Cash on Delivery basis.

1.2.    You are not entitled to any credit under this arrangement.

2.    Entire agreement

2.1.    Our Terms and Conditions, the original Cash Account Application govern the entire relationship between Haymes Paint and the Customer in connection with the provision of our Goods and Services.

2.2.    The Customer acknowledges that they have not relied on any representation, inducement, warranty or promise which is not set out in our Terms and Conditions or the original Cash Account Application.

3.    Updating Terms and Conditions

3.1.    We may update our Terms and Conditions from time to time. We will publish such update on our website at https://www.haymespaint.com.au/about- us/terms-and-conditions-/ and notify you by email.

3.2.    If no email address is given or an email is returned undeliverable, we will send you by ordinary mail either a copy of the updated Terms and Conditions or written notice of the change and a link to our website.

3.3.    By placing a written or oral Purchase Order for our Goods and / or Services after we have updated our Terms and Conditions you accept such updated terms and conditions.

4.    Purchase and supply

4.1.    You agree to purchase, and we agree to supply, all Goods and Services subject to these Terms and Conditions.

4.2.    You will be bound by these Terms and Conditions upon:
(i)    signing this document; and/or
(ii)    placing a written or oral Purchase Order for our Goods and/or Services which we accept.

4.3.    All invoices in respect of Goods delivered shall be deemed to be accepted as a correct charge if, after fourteen days from the date of receipt of the invoice, you raise no objection to the invoice.

4.4.    A minimum order value may be implemented and varied from time to time at our sole discretion.

4.5.    A deposit may be required at our sole discretion.

5.    Information

5.1.    You agree to provide us with immediate written notice upon a change of your corporate details, such as organisation name, ABN, principal place of business, directors, Trustees or a material change in shareholders.

5.2.    You acknowledge and agree that:
(i)    You will provide all relevant information to enable us to supply the correct Goods or perform the Services in a timely and proper manner.
(ii)    We will rely upon the accuracy and completeness of your information, and you hereby warrant to us the accuracy and completeness of all such information.

5.3.    If we have provided you with any representations or information in connection with the Goods and Services, you acknowledge that you have conducted your own enquiries and formed your own opinion as to the correctness or appropriateness of such representations or information and the Goods themselves.

5.4.    Any specifications or details we provide you with respect to the Goods are our best estimates and any deviation does not entitle you to make any claim against us. Any sample provided is merely to indicate the general nature of the product and we do not warrant that Goods supplied will correspond exactly with any sample or with any previous or future Goods supplied.

6.    Quotes and price

6.1.    We may provide you with a Quote for the supply of Goods and/or Services but we are not obliged to supply the Goods and/or Services until an oral or written Purchase Order is placed by you and that Purchase Order is accepted by us.

6.2.    All Goods and Services are subject to availability.

6.3.    All Goods will be invoiced at the price in effect at the time of dispatch from our factory.

6.4.    We reserve the right to alter our prices at any time without prior notification.

6.5.    We are authorised by the ACCC to charge a paint levy on nominated products. The paint levy is currently 15 cents per litre of the following products: Interior/exterior architectural paint, deck coatings, floor paints, primers, undercoats & sealers, stains, shellacs, varnishes, urethanes (single component) wood coatings and packaging. See the Paintback website for further details with respect to unwanted paint and packaging: www.paintback.com.au

6.6.    We reserve the right to vary the levy and the products subject to the levy at any time.

7.    Orders

7.1.    Any information that we provide in respect of the Goods including information in any advertising or promotional material does not constitute an offer and is subject to the availability of the Goods.

7.2.    By placing a Purchase Order with us, you are offering to purchase our Goods at the applicable price as at the date of dispatch from our Store, plus any delivery charges or other charges payable by you. We reserve the right to accept or reject your offer.

7.3.    Once a Purchase Order is accepted by us, we may immediately incur costs and expenses assoc iated with filling that order. You hereby agree that if a Purchase Order is placed by you and subsequently cancelled, you are liable for any such costs and expenses, any loss suffered by us or any claim against us by a third party with respect to that Order. You hereby indemnify us (without set-off or deduction) for all amounts associated with such loss, costs, expenses or claim, including legal costs on an indemnity basis.

7.4.    We may cancel any contract or order to which these terms and conditions apply or cancel delivery of Goods at any time before the Goods are delivered
 by giving notice to you. Within 7 days of giving such notice, we shall refund any money paid by you for the Goods. We shall not be liable for any loss or damage whatsoever arising from such cancellation.

8.    Tax invoices and GST

8.1.    Unless stated otherwise in writing, all prices which we quote or estimate to you are inclusive of GST.

8.2.    Where GST is payable on a Taxable Supply, we will provide you with a Tax Invoice and you must pay the GST.

9.    Delivery

9.1.    Delivery of the Goods to a site nominated by you may incur a delivery charge.

9.2.    You indemnify us against any loss or damage suffered as a result of delivery, except where you are a consumer and we have not used due care and skill.

9.3.    Delivery of the Goods is taken to occur at the time that:
(i)    Your nominated carrier takes possession of the Goods from our Store; or
(ii)    We (or our nominated carrier) deliver/s the Goods to a site nominated by you even if you are not present at the site.

10.    Payment

10.1.    You must pay the Amount Due for the Goods or Services in full prior to collection or delivery.

10.2.    You are required to pay the Amount Due with no deduction or set-off, subject to clause 10.6.

11.    Payment methods

11.1.    All payments must be made by cash, bank cheque, Visa or Mastercard (plus surcharge), electronic online banking or cheque (subject to written approval).

11.2.    Payments must be made without any deduction for fees or charges imposed by your bank and or any third parties.

11.3.    Payments other than cash shall not be deemed to be made until that form of payment has been honoured or cleared.

12.    Dispute resolution

12.1.    Apart from legal action initiated by us with respect to the recovery of a debt, if a dispute arises one party must give the other party written notice of the dispute and the parties must make a genuine attempt to identify the issues in dispute and resolve such issues immediately and in a co-operative manner prior to commencing legal or administrative proceedings.

13.    Risk in the Goods

13.1.    The risk in the Goods and all insurance responsibility for theft, damage or otherwise in respect of the Goods passes to you immediately upon collection from our premises, upon delivery of the Goods to the agreed delivery address or upon delivery to your nominated carrier.

13.2.    Until property in and ownership of the Goods passes to you, you must keep the Goods insured and produce to us, upon demand, evidence of such insurance. If you fail to insure the Goods, we may do so and the cost of such insurance shall be payable by you to us upon demand.

13.3.    To the extent permitted by law, we exclude liability for any damage to the Goods sustained in transit.

13.4.    If any of the Goods are lost, damaged or destroyed following delivery but prior to ownership passing to you, we are entitled to receive all insurance proceeds payable for the Goods. You hold such insurance proceeds on trust for us. The production of a copy of these terms and conditions by us is sufficient evidence of our rights to receive the insurance proceeds.

13.5.    If you ask us to leave the Goods outside our Store for collection or ask us to deliver the Goods to an unattended location then such Goods shall be left at your sole risk.

14.    Intellectual property

14.1.    The Customer, its directors and Guarantors must not do any of the following nor assist anyone else to do any of the following and must take active steps to ensure that all employees, agents and contractors do not do any of the following:
(i)    copy, memorise, reproduce, misappropriate or reverse engineer the whole or any part of the Goods;
(ii)    challenge, contest or oppose any of our intellectual property rights;
(iii)    use any name or logo associated with the goods other than as we authorise you;
(iv)    divulge our confidential information to any person or use it for your own benefit except as we have expressly authorised or as required by law.

15.    On-selling of certain goods prohibited

15.1.    The resale or on-supply (either online or from a physical premises) of our Goods purchased at trade prices is not permitted unless authorised by us in writing.

15.2.    If, in breach of this clause, you resell or on-supply any of our Goods purchased at trade prices, you hereby acknowledge that you have acted in competition with us and/or our established stockist network and accept liability for all consequential loss and damage suffered by us and/or our established stockist network.

15.3.    You hereby acknowledge that you are you are holding the proceeds of such re-sale or on-supply on trust for us as our fiduciary agent to mitigate our loss or that of our stockist network.

16.    Returns

16.1.    Goods are not supplied on a sale or return basis.

16.2.    Goods may be exchanged for credit if returned to our Store within 7 days of delivery or collection and are accompanied by the original Invoice.

16.3.    We will not provide credit for any Goods returned by you or left at our Store without written acceptance of such Goods by us.

16.4.    Any return of goods on a change of mind is at our discretion. We may require the payment of a restocking fee on any goods that are returned on a change of mind.

16.5.    If we arrange delivery, you must inspect the Goods against the delivery docket and verify that the Goods being delivered are what has been ordered by you. You must notify us of any discrepancies, errors or returns within 24 hours of delivery.

17.    Indemnity

17.1.    You hereby indemnify us and our directors, contractors and agents against any loss, claim, demand, suit, action or proceeding brought against us or
 them arising from any breach of these terms and conditions by you or from your misuse of our goods.

18.    Privacy

18.1.    Our Privacy Policy may be found at http://www.haymespaint.com.au/information/privacy-policy/

18.2.    These terms should be read in conjunction with our Privacy Policy.

18.3.    The Customer and/or the Guarantor/s (herein also referred to as Customer) agree for Haymes Paint to obtain from a credit reporting agency a credit report containing personal credit information about the Customer in relation to credit provided by Haymes Paint.

18.4.    The Customer agrees that Haymes Paint may exchange information about the Customer with those credit providers either named as trade referees by the Customer or named in a consumer credit report issued by a credit reporting agency for the following purposes:
(i)    To assess an application by Customer; and/or
(ii)    To notify other credit providers of a default by the Customer; and/or
(iii)    To exchange information with other credit providers as to the status of the credit account, where the Customer is in default with other credit providers; and/or
(iv)    To assess the creditworthiness of Customer.

18.5.    The Customer understands that the information exchanged can include anything about the Customer’s creditworthiness, credit standing, credit history or credit capacity that credit providers are allowed to exchange under the Privacy Act 1988.

18.6.    The Customer consents to Haymes Paint being given a consumer credit report for the purposes outlined in section 18K(1) of the Privacy Act 1988.

18.7.    The Customer agrees that personal credit information provided may be used and retained by Haymes Paint for the following purposes and for other purposes as shall be agreed between the Customer and Haymes Paint or permitted by law from time to time:
(i)    Provision of Goods and Services; and/or
(ii)    marketing of Goods and Services by Haymes Paint, its agents or distributors; and/or
(iii)    analysing, verifying and/or checking the Customer’s credit, payments and/or status in relation to the provision of Goods and Services; and/or
(iv)    processing of any payment instructions, direct debit facilities and/or credit facilities requested by Customer; and/or
(v)    enabling the daily operation of Customer account and/or the collection of the amounts outstanding in the Customer’s account in relation to the Goods or Services.

18.8.    Haymes Paint may give information about the Customer to a credit reporting agency for the following purposes:
(i)    To obtain a consumer credit report about the Customer.
(ii)    Allow the credit reporting agency to create or maintain a credit information file containing information about the Customer.

18.9.    The information given to the credit reporting agency may include:
(i)    Personal particulars (the Customer’s name, sex, address, previous addresses, date of birth, name of employer and driver’s license number);
(ii)    Details concerning the Customer’s application for credit or commercial credit and the amount of credit requested;
(iii)    Advice that Haymes Paint is a current credit provider to the Customer;
(iv)    Advice of any overdue accounts, loan payments, and/or any outstanding monies owing which are overdue by more than sixty (60) days, and for which debt collection action has been started;
(v)    That the Customer’s overdue accounts, loan repayments and/or any outstanding monies are no longer overdue in respect of any default that has been listed;
(vi)    Information that, in the opinion of Haymes Paint, the Customer has committed a serious credit infringement or shown an intention not to comply with the Customer’s credit obligations;
(vii)    Advice that cheques drawn by the Customer have been dishonoured more than once;
(viii)    That credit provided to the Customer by Haymes Paint has been paid or otherwise discharged.

19.    Limitation of liability

19.1.    Goods: To the extent permissible under the Competition and Consumer Act 2010 (Cth) our liability for any breach of guarantee in relation to the supply of Goods arising under that Act is limited to, at our discretion:
(i)    providing you with a refund; or
(ii)    repairing or replacing the Goods within one month after the Goods have been dispatched.
19.2.    Services: To the extent permissible under the Competition and Consumer Act 2010 (Cth), our liability for any breach of guarantee in relation to the supply of Services arising under that Act is limited to supplying the Service to you again.
19.3.    The maximum amount of refund that is payable to you in accordance with this clause is the amount which you have paid to us for the Goods or Services.
19.4.    We have no liability to replace or repair any Goods where:
(i)    the alleged defects do not directly relate to our faulty materials or workmanship; or
(ii)    the goods have received maltreatment, inattention or interference by a third party; or
(iii)    The Goods have been used, applied, packaged or stored other than in accordance with our instructions and recommendations; or
(iv)    products not manufactured by us or approved by us have been used or comingled with the goods.

19.5.    You agree that we may (at no cost) use for the purpose of marketing any documents, designs, drawings or Goods which we created for you.

20.    Exclusions

20.1.    You agree that use of the Goods and Services is at your risk. To the full extent allowed by law, our liability for breach of any term implied into these Terms and Conditions is excluded.

20.2.    All information, specifications and samples provided by us in relation to the Goods or Services are approximations only and, subject to any guarantees under the Australian Consumer Law, small deviations or slight variations from them which do not substantially affect your use of the Goods will not entitle you to reject the Goods upon delivery, or to make any claim in respect of them.

20.3.    Any advice, recommendation, information, assistance or service given by us in relation to Goods or Services or both, is given in good faith. It is provided without any warranty as to accuracy, appropriateness or reliability. We do not accept any liability or responsibility for any loss suffered as a result of your reliance on such advice, recommendation, information, assistance or service.
 
20.4.    To the fullest extent permissible at law, we are not liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the provision of (or failure to provide) Goods or Services whether based on terms and conditions of trade, negligence, strict liability or otherwise, even if we have been advised of the possibility of damages.

21.    Warranty as Trustee

21.1.    If you are entering into these Terms and Conditions as the Trustee of a trust (either corporate or personal), then you warrant and represent to us that:
(i)    The Trustee will be liable to us personally / directly as well as in its capacity as Trustee;
(ii)    all of the powers and discretions conferred on the Trustee by the trust deed are capable of being validly exercised by the Trustee and have not been varied or revoked and the relevant trust is a valid and subsisting trust;
(iii)    The Trustee is the sole trustee of the trust and has full and unfettered power under the trust deed to enter into these Terms and Conditions and that these Terms and Conditions are being executed and entered into as part of the due and proper administration of the trust for the benefit of the beneficiaries of the trust;
(iv)    That you will immediately advise us of any change of Trustee; and
(v)    no restrictions on the Trustee’s right of indemnity out of, or lien over, the trust’s assets exist or will be created or permitted to exist and that right will have priority over the right of the beneficiaries to the trust’s assets.

22.    Termination

22.1.    We may terminate this agreement on 5 Business Days’ notice in writing.

22.2.    You may terminate this agreement on 10 Business Days’ notice in writing if we commit a breach of this agreement and do not rectify the breach within 5 Business Days of receiving written notice of the breach.

23.    Misleading or false information

23.1.    The Customer, its directors and Guarantors hereby acknowledge and accept that in the event of the supply of false, inaccurate and/or misleading information by any of them:
(i)    such action shall constitute a breach of contract on their behalf and may cause us loss or damage; and
(ii)    We may immediately reduce or cancel any credit extended and terminate this agreement and any associated agreement; and
(iii)    the Customer, its directors and Guarantors shall be liable for any loss incurred or damage suffered by us including but not limited to, any costs, expenses, charges, commissions, outgoings or loss of profits.

24.    Jurisdiction & governing law

24.1.    These Terms and Conditions are governed by the laws of the Commonwealth and the State in which the documents are executed by us.

24.2.    We have the exclusive right to nominate any jurisdiction in which any legal action is to be commenced and conducted.

25.    General

25.1.    Our records are conclusive about the Amount Due;

25.2.    You may not assign any of your rights under these terms without our written authorisation;

25.3.    A waiver by us of any rights arising due to any breach, default or omission is only effective if it is in writing and shall not be deemed to be a waiver of any other unspecified rights.

25.4.    If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.

25.5.    Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other force majeure.
event beyond the reasonable control of either party.

25.6.    You warrant that you have the authority to enter into this agreement and have obtained all necessary internal authorisations to allow you to do so.

26.    Interpretation

26.1.    Headings do not affect interpretation.

26.2.    All references to the singular includes the plural and vice versa.

26.3.    Person includes a firm or body corporate, an incorporated body, association or authority.

26.4.    A reference to a person includes its executors, administrators, successors and permitted assigns.

26.5.    And where two or more persons are a party, they are bound jointly and severally.

27.    Definitions

In these Terms and Conditions:
(i)    Agreement means the contract of sale formed by the Credit Application and these Terms and Conditions.
(ii)    “Amount Due” means either:
a.    the amount stated on any Invoice issued to you;
b.    the sum of all such Invoices;
c.    the price; or
d.    quoted price, whichever is higher.
(iii)    “Customer” means the applicant, which may be a company, partnership, sole trader or trustee.
(iv)    “Goods” means any goods we have supplied to you or will supply to you in the future;
(v)    “GST” has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999;
(vi)    “Guarantor” means the persons named in any corresponding Guarantee and Indemnity.
(vii)    “Nominated Account” means the bank account nominated by you in the direct debit request form;
(viii)    “Purchase Order” means an oral or written purchase order placed in accordance with our usual course of business;
(ix)    “Quote” means a verbal or written estimate of the amount to be charged by us;
(x)    “Rates” means the unit rate shown on the face of the Quote or otherwise used to calculate the prices in the quotation and/or Order.
(xi)    “Services” means any Services we are to supply or have supplied to you.
(xii)    “Store” means any of our retail stores.
(xiii)    “Supplier” means any third-party supplier of the Goods to Haymes Paint.
(xiv)    “Tax Invoice” and “Taxable Supply” have the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999;
(xv)    “Terms and Conditions” means these Terms and Conditions and any amendments to these Terms and Conditions made by us from time to time.
(xvi)    “You” means the Customer.

 

The following are the Terms and Conditions of trade for Henry Haymes Pty Ltd ACN 004 201 638:
                                                                                                                                                                                                         “Haymes Paint”, “we”, “our” or “us” 

 

 1. Credit

1.1. Upon completion of a Credit Account Application and Guarantee, we may, at our sole discretion, extend credit to you and set a credit limit.

1.2. You are not entitled to any credit until you receive written notice from us stating that the credit facility has been granted.

1.3. Once your credit limit has been reached, we have the right to refuse further credit at our sole discretion.

1.4. We reserve the right to reduce or withdraw credit at any time.

1.5. If at any time you exceed your credit limit, you are liable for the full outstanding amount. Your liability is not restricted to the original credit limit.

2. Entire agreement

2.1. Our Terms and Conditions, the original Credit Account Application and any Guarantees govern the entire relationship between Haymes Paint, the
Customer and the Guarantors in connection with the provision of our Goods and Services.

2.2. The Customer and the Guarantors acknowledge that they have not relied on any representation, inducement, warranty or promise which is not set out
in our Terms and Conditions, the original Credit Account Application and any Guarantees.

3. Updating Terms and Conditions

3.1. We may update our Terms and Conditions from time to time. We will publish such update on our website at https://www.haymespaint.com.au/aboutus/
terms-and-conditions-/ and notify you by email.

3.2. If no email address is given or an email is returned undeliverable, we will send you by ordinary mail either a copy of the updated Terms and Conditions
or written notice of the change and a link to our website.

3.3. By placing a written or oral Purchase Order for our Goods and / or Services after we have updated our Terms and Conditions you accept such updated
terms and conditions.

4. Purchase and supply

4.1. You agree to purchase, and we agree to supply, all Goods and Services subject to these Terms and Conditions.

4.2. You will be bound by these Terms and Conditions upon:
(i) signing this document; and/or
(ii) placing a written or oral Purchase Order for our Goods and/or Services which we accept.
4.3. All invoices in respect of Goods delivered shall be deemed to be accepted as a correct charge if, after fourteen days from the date of receipt of the
invoice, you raise no objection to the invoice.

4.4. A minimum order value may be implemented and varied from time to time at our sole discretion.

4.5. A deposit may be required at our sole discretion.

5. Information

5.1. You agree to provide us with immediate written notice upon a change of your corporate details, such as organisation name, ABN, principal place of
business, directors, Trustees or a material change in shareholders.

5.2. You acknowledge and agree that:
(i) You will provide all relevant information to enable us to supply the correct Goods or perform the Services in a timely and proper manner.
(ii) We will rely upon the accuracy and completeness of your information, and you hereby warrant to us the accuracy and completeness of all such
information.

5.3. If we have provided you with any representations or information in connection with the Goods and Services, you acknowledge that you have conducted
your own enquiries and formed your own opinion as to the correctness or appropriateness of such representations or information and the Goods
themselves.

5.4. Any specifications or details we provide you with respect to the Goods are our best estimates and any deviation does not entitle you to make any claim
against us. Any sample provided is merely to indicate the general nature of the product and we do not warrant that Goods supplied will correspond
exactly with any sample or with any previous or future Goods supplied.

6. Quotes and price

6.1. We may provide you with a Quote for the supply of Goods and/or Services but we are not obliged to supply the Goods and/or Services until an oral or
written Purchase Order is placed by you and that Purchase Order is accepted by us.

6.2. All Goods and Services are subject to availability.

6.3. All Goods will be invoiced at the price in effect at the time of dispatch from our factory.

6.4. We reserve the right to alter our prices at any time without prior notification.

6.5. We are authorised by the ACCC to charge a paint levy on nominated products. The paint levy is currently 15 cents per litre of the following products:
Interior/exterior architectural paint, deck coatings, floor paints, primers, undercoats & sealers, stains, shellacs, varnishes, urethanes (single component)
wood coatings and packaging. See the Paintback website for further details with respect to unwanted paint and packaging: www.paintback.com.au

6.6. We reserve the right to vary the levy and the products subject to the levy at any time.

7. Orders

7.1. Any information that we provide in respect of the Goods including information in any advertising or promotional material does not constitute an offer
and is subject to the availability of the Goods.

7.2. By placing a Purchase Order with us, you are offering to purchase our Goods at the applicable price as at the date of dispatch from our Store, plus any
delivery charges or other charges payable by you. We reserve the right to accept or reject your offer.

7.3. Once a Purchase Order is accepted by us, we may immediately incur costs and expenses associated with filling that order. You hereby agree that if a
Purchase Order is placed by you and subsequently cancelled, you are liable for any such costs and expenses, any loss suffered by us or any claimagainst us by a third party with respect to that Order. You hereby indemnify us (without set-off or deduction) for all amounts associated with such loss,
costs, expenses or claim, including legal costs on an indemnity basis.

7.4. We may cancel any contract or order to which these terms and conditions apply or cancel delivery of Goods at any time before the Goods are delivered
by giving notice to you. Within 7 days of giving such notice, we shall refund any money paid by you for the Goods. We shall not be liable for any loss or
damage whatsoever arising from such cancellation.

8. Tax invoices and GST

8.1. Unless stated otherwise in writing, all prices which we quote or estimate to you are inclusive of GST.

8.2. Where GST is payable on a Taxable Supply, we will provide you with a Tax Invoice and you must pay the GST.

9. Delivery

9.1. Delivery of the Goods to a site nominted by you may incur a delivery charge.

9.2. You indemnify us against any loss or damage suffered as a result of delivery, except where you are a consumer and we have not used due care and skill.

9.3. Delivery of the Goods is taken to occur at the time that:
(i) Your nominated carrier takes possession of the Goods from our Store; or
(ii) We (or our nominated carrier) deliver/s the Goods to a site nominated by you even if you are not present at the site.

10. Payment

10.1. Until you receive written notice from us stating that your credit facility has been granted, you must pay the Amount Due for the Goods or Services in full
prior to collection or delivery.

10.2. Where credit has been extended to you, payment must be made within 30 days from the end of the month of invoice.

10.3. We may notify you in writing of an extension of the time in which you are permitted to pay the Amount Due.

10.4. If any payments are not made on time or in full, we may in our absolute discretion do any or all of the following:
(i) Reduce or cancel your credit limit;
(ii) Reduce or cancel any of your current orders which remain unfulfilled;
(iii) Refuse to supply you with further Goods;
(iv) Require you to pay the entire amount outstanding prior to further Goods being delivered;
(v) Commence legal proceedings;
(vi) Notify the relevant credit reporting bodies;
(vii) Terminate this agreement in writing.

10.5. You are required to pay the Amount Due with no deduction or set-off, subject to clause 10.6.

10.6. In the event of a dispute, the complete undisputed portion of the Amount Due must be paid to us in full within 30 days and the Dispute Resolution clause will apply.

10.7. In the event of non-payment of any non-disputed amount, we may in our absolute discretion do any or all of the things listed at items (i) to (vii) above.

11. Payment methods

11.1. All payments must be made by cash, bank cheque, Visa or Mastercard (plus surcharge), electronic online banking or cheque (subject to written
approval).

11.2. Payments must be made without any deduction for fees or charges imposed by your bank and or any third parties.

11.3. Payments other than cash shall not be deemed to be made until that form of payment has been honoured or cleared.

12. Dispute resolution

12.1. Apart from legal action initiated by us with respect to the recovery of a debt, if a dispute arises one party must give the other party written notice of the
dispute and the parties must make a genuine attempt to identify the issues in dispute and resolve such issues immediately and in a co-operative manner
prior to commencing legal or administrative proceedings.

13. Default

13.1. If you do not pay the Amount Due in full in accordance with these Terms and Conditions, then you must pay to us interest charged at the Commonwealth
Bank’s Benchmark Business Lending Indicator Rate, as published from time to time, plus 2% per annum on the balance of the Amount Due for the
period from and including the due date for payment until the date that payment of the Amount Due is made in full. You agree that this is a genuine preestimate
of our loss.

13.2. You agree to pay any costs, charges and expenses incurred by us in exercising our rights to recover the Amount Due including but not limited to
mercantile agency fees and commission and legal costs on an indemnity basis in bringing debt recovery proceedings or a claim for breach of these
Terms and Conditions.

13.3. You agree to indemnify us from and make good any loss incurred or suffered by us as a result of your failure to pay the Amount Due in full or your
breach of these Terms and Conditions.

14. Retention of title

14.1. Property in and ownership of the Goods shall not pass to you until payment of the Amount Due and any other amounts owing to us by you from time to
time have been paid in full.

14.2. We retain equitable and legal title in the Goods until such title has passed.

14.3. You take custody of our Goods and retain them on trust as our fiduciary agent.

14.4. You must store our Goods safely and separately in a manner which clearly identifies such Goods as our property. You must not remove, deface or
obliterate any identifying mark, code or number on any of the goods.

14.5. You must not sell, on-supply or use our Goods or any part of them until you have paid the Amount Due and title has passed to you.

14.6. Upon demand you will immediately return the Goods to us and/or allow us, our employees or agents to enter upon any premises where the Goods have
been stored (or where we suspect the Goods have been stored) to recover them

14.7. You hereby indemnify us from and against any liability to any third party in respect of any claims, actions, proceedings, demands, costs, damages and
loss arising from us exercising our rights under this clause.

14.8. If, in breach of this clause, you sell or on-supply any Goods prior to paying the Amount Due and any other outstanding amounts owing to us by you
from time to time, you hereby acknowledge that you are holding all proceeds of such sale or on-supply on trust for us as our fiduciary agent until your
liability to us is fully and finally discharged.

15. Risk in the Goods

15.1. The risk in the Goods and all insurance responsibility for theft, damage or otherwise in respect of the Goods passes to you immediately upon collection
from our premises, upon delivery of the Goods to the agreed delivery address or upon delivery to your nominated carrier.

15.2. Until property in and ownership of the Goods passes to you, you must keep the Goods insured and produce to us, upon demand, evidence of such
insurance. If you fail to insure the Goods, we may do so and the cost of such insurance shall be payable by you to us upon demand.

15.3. To the extent permitted by law, we exclude liability for any damage to the Goods sustained in transit.

15.4. If any of the Goods are lost, damaged or destroyed following delivery but prior to ownership passing to you, we are entitled to receive all insurance
proceeds payable for the Goods. You hold such insurance proceeds on trust for us. The production of a copy of these terms and conditions by us is
sufficient evidence of our rights to receive the insurance proceeds.

15.5. If you ask us to leave the Goods outside our Store for collection or ask us to deliver the Goods to an unattended location then such Goods shall be left
at your sole risk.

16. Personal Property Securities Act 2009 (Cth) (“PPSA”)

16.1. In this clause, capitalised expressions have the meaning given to them in the PPSA.

16.2. You hereby:
(i) Acknowledge and agree that these Terms and Conditions constitute a Security Agreement for the purposes of the PPSA;
(ii) Grant a Security Interest to us in the Goods and any proceeds of sale in respect of those Goods;
(iii) Acknowledge and agree that each supply of Goods on credit is subject to this Security Agreement for the purposes of the PPSA and that we may
register a Security Interest in the Goods and in the proceeds of sale of the Goods as a Purchase Money Security Interest on the Register.
16.3. The parties acknowledge and agree for the purposes of satisfying s 20(1)(iii) of the PPSA that the description of the Goods the subject of the Security
Interest created under this Security Agreement is as set out in these Terms and Conditions and any invoice in relation to those Goods and the description
of the Goods in any invoice is expressly incorporated into these Terms and Conditions.
16.4. You consent to us registering any one or more Financing Statement or Financing Change Statement in respect of any Security Interest created by or
contemplated under these Terms and Conditions and undertake to do all things reasonably required by us to facilitate this.
16.5. You agree to pay, on demand by us, all costs incurred in connection with registering any Financing Statement or any Financing Change Statement and
hereby indemnify us (and our agents) in respect of all such costs incurred.
16.6. You agree not to cause (directly or indirectly) the registration of a Financing Change Statement in respect of the Goods without our prior written consent.
16.7. You agree that the following provisions of the PPSA will not apply to these Terms and Conditions: section 95 (notice of removal of accession) to the
extent that it requires the secured party to give a notice to the grantor; section 96 (when person with an interest in the whole may retain accession);
section 115(1) (a) through to (r); section 118 (to the extent it requires the secured party to give a notice to the grantor); section 121(4) (notice under
section 120(2)); section 125 (obligation to dispose of or retain collateral); section 129 (disposal by purchase); section 130 (notice of disposal) to the
extent that it requires the secured party to give a notice to the grantor; paragraph 132(3)(d) (contents of statement of account after disposal); subsection
132(4) (statement of account if no disposal); section 135 (notice of retention); section 142 (redemption of collateral); and section 143 (reinstatement of
security agreement).

16.8. For the purposes of section 157 of the PPSA, you waive your right to receive notice of any verification statement in relation to the registration of a
Financing Statement or a Financing Change Statement.

16.9. For the purposes of s 275(6) of the PPSA, the parties agree that neither party will, or is entitled to, disclose information of the kind specified in s 275(1)
of the PPSA.

16.10. You agree that you will not enter into any agreement or arrangement which permits any other person to register any Security Interest in respect of the
Goods, the proceeds of sale of the Goods, or any amounts owed in respect of the Goods without our prior written consent.

17. Intellectual property

17.1. The Customer, its directors and Guarantors must not do any of the following nor assist anyone else to do any of the following and must take active
steps to ensure that all employees, agents and contractors do not do any of the following:
(i) copy, memorise, reproduce, misappropriate or reverse engineer the whole or any part of the Goods;
(ii) challenge, contest or oppose any of our intellectual property rights;
(iii) use any name or logo associated with the goods other than as we authorise you;
(iv) divulge our confidential information to any person or use it for your own benefit except as we have expressly authorised or as required by law.

18. On-selling of certain goods prohibited

18.1. The resale or on-supply (either online or from a physical premises) of our Goods purchased at trade prices is not permitted unless authorised by us in
writing.

18.2. If, in breach of this clause, you resell or on-supply any of our Goods purchased at trade prices, you hereby acknowledge that you have acted in
competition with us and/or our established stockist network and accept liability for all consequential loss and damage suffered by us and/or our
established stockist network.

18.3. You hereby acknowledge that you are you are holding the proceeds of such re-sale or on-supply on trust for us as our fiduciary agent to mitigate our
loss or that of our stockist network.

19. Returns

19.1. Goods are not supplied on a sale or return basis.

19.2. Goods may be exchanged for credit if returned to our Store within 7 days of delivery or collection and are accompanied by the original Invoice.19.3. We will not provide credit for any Goods returned by you or left at our Store without written acceptance of such Goods by us.

19.4. Any return of goods on a change of mind is at our discretion. We may require the payment of a restocking fee on any goods that are returned on a
change of mind.

19.5. If we arrange delivery, you must inspect the Goods against the delivery docket and verify that the Goods being delivered are what has been ordered
by you. You must notify us of any discrepancies, errors or returns within 24 hours of delivery.

20. Indemnity

20.1. You hereby indemnify us and our directors, contractors and agents against any loss, claim, demand, suit, action or proceeding brought against us or
them arising from any breach of these terms and conditions by you or from your misuse of our goods.

21. Privacy

21.1. Our Privacy Policy may be found at http://www.haymespaint.com.au/information/privacy-policy/

21.2. These terms should be read in conjunction with our Privacy Policy.

21.3. The Customer and/or the Guarantor/s (herein also referred to as Customer) agree for Haymes Paint to obtain from a credit reporting agency a credit
report containing personal credit information about the Customer in relation to credit provided by Haymes Paint.

21.4. The Customer agrees that Haymes Paint may exchange information about the Customer with those credit providers either named as trade referees by
the Customer or named in a consumer credit report issued by a credit reporting agency for the following purposes:
(i) To assess an application by Customer; and/or
(ii) To notify other credit providers of a default by the Customer; and/or
(iii) To exchange information with other credit providers as to the status of the credit account, where the Customer is in default with other credit
providers; and/or
(iv) To assess the creditworthiness of Customer.

21.5. The Customer understands that the information exchanged can include anything about the Customer’s creditworthiness, credit standing, credit history
or credit capacity that credit providers are allowed to exchange under the Privacy Act 1988.

21.6. The Customer consents to Haymes Paint being given a consumer credit report for the purposes outlined in section 18K(1) of the Privacy Act 1988.

21.7. The Customer agrees that personal credit information provided may be used and retained by Haymes Paint for the following purposes and for other
purposes as shall be agreed between the Customer and Haymes Paint or permitted by law from time to time:
(i) Provision of Goods and Services; and/or
(ii) marketing of Goods and Services by Haymes Paint, its agents or distributors; and/or
(iii) analysing, verifying and/or checking the Customer’s credit, payments and/or status in relation to the provision of Goods and Services; and/or
(iv) processing of any payment instructions, direct debit facilities and/or credit facilities requested by Customer; and/or
(v) enabling the daily operation of Customer account and/or the collection of the amounts outstanding in the Customer’s account in relation to the
Goods or Services.
21.8. Haymes Paint may give information about the Customer to a credit reporting agency for the following purposes:
(i) To obtain a consumer credit report about the Customer;
(ii) Allow the credit reporting agency to create or maintain a credit information file containing information about the Customer.
21.9. The information given to the credit reporting agency may include:
(i) Personal particulars (the Customer’s name, sex, address, previous addresses, date of birth, name of employer and driver’s license number);
(ii) Details concerning the Customer’s application for credit or commercial credit and the amount of credit requested;
(iii) Advice that Haymes Paint is a current credit provider to the Customer;
(iv) Advice of any overdue accounts, loan payments, and/or any outstanding monies owing which are overdue by more than sixty (60) days, and for
which debt collection action has been started;
(v) That the Customer’s overdue accounts, loan repayments and/or any outstanding monies are no longer overdue in respect of any default that has
been listed;
(vi) Information that, in the opinion of Haymes Paint, the Customer has committed a serious credit infringement or shown an intention not to comply
with the Customer’s credit obligations;
(vii) Advice that cheques drawn by the Customer have been dishonoured more than once;
(viii) That credit provided to the Customer by Haymes Paint has been paid or otherwise discharged.

22. Limitation of liability

22.1. Goods: To the extent permissible under the Competition and Consumer Act 2010 (Cth) our liability for any breach of guarantee in relation to the supply
of Goods arising under that Act is limited to, at our discretion:
(i) providing you with a refund; or
(ii) repairing or replacing the Goods within one month after the Goods have been dispatched.
22.2. Services: To the extent permissible under the Competition and Consumer Act 2010 (Cth), our liability for any breach of guarantee in relation to the
supply of Services arising under that Act is limited to supplying the Service to you again.
22.3. The maximum amount of refund that is payable to you in accordance with this clause is the amount which you have paid to us for the Goods or Services.
22.4. We have no liability to replace or repair any Goods where:
(i) the alleged defects do not directly relate to our faulty materials or workmanship; or
(ii) the goods have received maltreatment, inattention or interference by a third party; or
(iii) The Goods have been used, applied, packaged or stored other than in accordance with our instructions and recommendations; or
(iv) products not manufactured by us or approved by us have been used or comingled with the goods.

22.5. You agree that we may (at no cost) use for the purpose of marketing any documents, designs, drawings or Goods which we created for you.

23. Exclusions

23.1. You agree that use of the Goods and Services is at your risk. To the full extent allowed by law, our liability for breach of any term implied into thesePage 5 of 6
Terms and Conditions is excluded.

23.2. All information, specifications and samples provided by us in relation to the Goods or Services are approximations only and, subject to any guarantees
under the Australian Consumer Law, small deviations or slight variations from them which do not substantially affect your use of the Goods will not
entitle you to reject the Goods upon delivery, or to make any claim in respect of them.

23.3. Any advice, recommendation, information, assistance or service given by us in relation to Goods or Services or both, is given in good faith. It is provided
without any warranty as to accuracy, appropriateness or reliability. We do not accept any liability or responsibility for any loss suffered as a result of
your reliance on such advice, recommendation, information, assistance or service.

23.4. To the fullest extent permissible at law, we are not liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages
whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the provision of (or failure
to provide) Goods or Services whether based on terms and conditions of trade, negligence, strict liability or otherwise, even if we have been advised of
the possibility of damages.

24. Warranty as Trustee

24.1. If you are entering into these Terms and Conditions as the Trustee of a trust (either corporate or personal), then you warrant and represent to us that:
(i) The Trustee will be liable to us personally / directly as well as in its capacity as Trustee;
(ii) all of the powers and discretions conferred on the Trustee by the trust deed are capable of being validly exercised by the Trustee and have not
been varied or revoked and the relevant trust is a valid and subsisting trust;
(iii) The Trustee is the sole trustee of the trust and has full and unfettered power under the trust deed to enter into these Terms and Conditions and
that these Terms and Conditions are being executed and entered into as part of the due and proper administration of the trust for the benefit of
the beneficiaries of the trust;
(iv) That you will immediately advise us of any change of Trustee; and
(v) no restrictions on the Trustee’s right of indemnity out of, or lien over, the trust’s assets exist or will be created or permitted to exist and that right
will have priority over the right of the beneficiaries to the trust’s assets.

25. Termination

25.1. We may terminate this agreement on 5 Business Days’ notice in writing.

25.2. You may terminate this agreement on 10 Business Days’ notice in writing if we commit a breach of this agreement and do not rectify the breach within
5 Business Days of receiving written notice of the breach.

26. Misleading or false information

26.1. The Customer, its directors and Guarantors hereby acknowledge and accept that in the event of the supply of false, inaccurate and/or misleading
information by any of them:
(i) such action shall constitute a breach of contract on their behalf and may cause us loss or damage; and
(ii) We may immediately reduce or cancel any credit extended and terminate this agreement and any associated agreement; and
(iii) the Customer, its directors and Guarantors shall be liable for any loss incurred or damage suffered by us including but not limited to, any costs,
expenses, charges, commissions, outgoings or loss of profits.

27. Jurisdiction & governing law

27.1. These Terms and Conditions are governed by the laws of the Commonwealth and the State in which the documents are executed by us.

27.2. We have the exclusive right to nominate any jurisdiction in which any legal action is to be commenced and conducted.

28. General

28.1. Our records are conclusive about the Amount Due;

28.2. You may not assign any of your rights under these terms without our written authorisation;

28.3. A waiver by us of any rights arising due to any breach, default or omission is only effective if it is in writing and shall not be deemed to be a waiver of
any other unspecified rights.

28.4. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable, the validity, legality and enforceability of the remaining
provisions shall not be affected, prejudiced or impaired.

28.5. Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other force majeure
event beyond the reasonable control of either party.

28.6. You warrant that you have the authority to enter into this agreement and have obtained all necessary internal authorisations to allow you to do so.

29. Interpretation

29.1. Headings do not affect interpretation.

29.2. All references to the singular includes the plural and vice versa.

29.3. Person includes a firm or body corporate, an incorporated body, association or authority.

29.4. A reference to a person includes its executors, administrators, successors and permitted assigns.

29.5. And where two or more persons are a party, they are bound jointly and severally.

30. Definitions

In these Terms and Conditions:
(i) Agreement means the contract of sale formed by the Credit Application and these Terms and Conditions.
(ii) “Amount Due” means either:
a. the amount stated on any Invoice issued to you;
b. the sum of all such Invoices;
c. the price; or
d. quoted price, whichever is higher.
(iii) “Customer” means the applicant, which may be a company, partnership, sole trader or trustee.(iv) “Goods” means any goods we have supplied to you or will supply to you in the future;
(v) “GST” has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999;
(vi) “Guarantor” means the persons named in any corresponding Guarantee and Indemnity.
(vii) “Nominated Account” means the bank account nominated by you in the direct debit request form;
(viii) “Purchase Order” means an oral or written purchase order placed in accordance with our usual course of business;
(ix) “Quote” means a verbal or written estimate of the amount to be charged by us;
(x) “Rates” means the unit rate shown on the face of the Quote or otherwise used to calculate the prices in the quotation and/or Order.
(xi) “Services” means any Services we are to supply or have supplied to you.
(xii) “Store” means any of our retail stores.
(xiii) “Supplier” means any third-party supplier of the Goods to Haymes Paint.
(xiv) “Tax Invoice” and “Taxable Supply” have the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999;
(xv) “Terms and Conditions” means these Terms and Conditions and any amendments to these Terms and Conditions made by us from time to time.
(xvi) “You” means the Customer.