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TERMS AND CONDITIONS SALE

1.      INTERPRETATION

In these conditions:

‘Conditions’ means these Terms and Conditions of Sale.

‘Customers’ means a person, firm or corporation acquiring goods or services from Fastflex;

‘goods’ means goods supplied by Fastflex to the Customer.

‘Fastflex’ means Fastflex Heating and Cooling Supplies Pty Ltd, 6 Bostock Court, Thomastown, Victoria 3074, Australia.

2.      FORMATION AND SCOPE OF CONTRACT

• These Conditions apply exclusively to every contract for the sale of goods by Fastflex to the Customer and cannot be varied or supplanted by any other condition without the prior written consent of Fastflex.
• Any written quotation provided by Fastflex to the Customer concerning the supply of goods is valid for 30 days and is an invitation only to the Customer to place an order based upon that quot
• A contract shall be formed upon Fastflex accepting an order for goods made by the Customer by dispatching acceptance to the Customer either by mail, facsimile, or electronically, or by commencing delivery or manufacture of the

3.      PAYMENT AND PRICING

• The Customer must make payment of the goods to Fastflex in accordance with the particular method of payment negotiated with Fastflex, or by any other method agreed to in writing by Fastflex.
• Prices for the supply of goods exclude:
  • sales tax, consumption or goods and services tax, and any other taxes or duties imposed on or in relation to the goods; and
  • unless other wise  agreed  in  writing  by  Fastflex  the  cost  of  freight  and  insurance  arising  from  the  point  of  dispatch  to  the  point of delivery to the Customer.
• At any time BEFORE DELIVERY Fastflex may amend the prices of

4.      CANCELLATION AND DELAY

• The Customer  acknowledges  that  a  date  for  delivery  of  goods  as  stated  by  Fastflex  is  intended  as  an  estimate  only  and  is  not a contractual commitment and accordingly Fastflex will use its best reasonable endeavours to meet any estimated dates and times for delivery.
• If, through circumstances beyond the control of Fastflex, Fastflex is unable to effect delivery of goods, then Fastflex may cancel the Customer’s

order (even if it has already been accepted) by notice in writing to the Customer.

• Fastflex will be in no way liable for costs or losses caused to the Customer including but not limited to any consequential loss or loss of profits arising

from the failure to supply goods to the Customer.

5.      DELIVERY AND SAFETY

• Fastflex may, at its absolute discretion, refuse to complete delivery of the goods if Fastflex believes that it would be unsafe, unlawful or unreasonable to do
• In the event that delivery does not take place due to any of the factors referred to in Clause 1 or for any other reason beyond Fastflex’s control Fastflex may store and insure the goods at the Customer’s expense whilst arrangements are made for their delivery. Fastflex may offer the goods for re-sale to a third party if the goods have been stored for one month and not yet delivered.
• All Melbourne Metro deliveries incur a $40.00 delivery. All a.m. and urgent deliveries incur a $80.00 delivery fee. Courier deliveries are POA.

• Purchase conditions:

  1. Credit card transactions require the physical presence of the cardholder for delivery or collection of goods.

  2. Cardholder must present a valid, government-issued photo identification matching the name on the credit card.

  3. The photo identification must be current and not expired.

  4. Acceptable forms of identification include but are not limited to: driver's license, passport, national identification card.

  5. The name on the identification must match the name on the credit card.

  6. In cases where the cardholder is unable to present valid identification, the transaction may be declined or additional verification steps may be required.

  This policy is in place to prevent unauthorized use of credit cards and ensure the security of our customers' accounts.

6.      PROPERTY AND RISK

• The risk in the goods and all insurance responsibility for theft,damage or otherwise in respect of the goods will pass to the Customer

immediately upon delivery.

• Delivery takes place either:
  • at Fastflex’s premises (if the Customer is collecting the goods and arranging carriage);
  • at the Customer’s premises (if Fastflex arranges carriage).
• It is the obligation of  the Customer to inspect the goods upon delivery and if any goods are damaged (or not delivered in accordance

with the Customer’s purchase order), the Customer must write to Fastflex within three (3) working days of delivery notifying Fastflex of such matter.

• The Customer must allow a representative of Fastflex to inspect the damaged goods if

7.      PASSING OF PROPERTY

Until such time that the Customer makes full payment of any outstanding amounts to Fastflex:-

• title and property in all goods remain vested in Fastflex and do not pass to the Customer
• the Customer must keep the goods separate from its goods and maintain the labeling and packaging of Fastflex;
• the Customer must hold the goods as fiduciary bailee and agent for Fastflex;
• The Customer is required to hold the proceeds of any sale of the goods in trust for Fastflex as trustee;
• Fastflex may, without notice, enter any premises where it suspects the goods may be and remove them, and for this purpose the Customer irrevocably licenses Fastflex to enter such premises and also indemnifies Fastflex from and against all costs , claims, demands or actions by any party arising from such

8.      PAYMENT DEFAULT

If the Customer defaults in payment by the due date of any amount payable to Fastflex, becomes bankrupt or enters into any scheme or arrangement or any assignment with or for the benefit of its creditors, or has a liquidator, administrator, or receiver appointed, Fastflex may, without prejudice to any other remedy available to it:-

• charge the Customer for all out-of-pocket expenses and all other reasonable expenses including debt collection commission (as if the account  had been collected) and any other contingent expenses and legal costs on a solicitor/own basis incurred by Fastflex for enforcement of obligations and recovery of moneys due from the customer to Fastflex
• charge the Customer interest on any sum due at the prevailing rate equivalent to that set for the purposes of the Penalty Interest Rates Act 1983 plus;
• cease or suspend for such period as Fastflex thinks fit, supply of any further goods or services to the Customer.

9.      PRINCIPAL LIABILITY

Any signatory for a proprietary company Customer will be and remain personally responsible for the due performance of the Customer’s obligations as if the signatory was the Customer. If required by Fastflex, the signatory will procure the execution of a Guarantee to be prepared by or on behalf of Fastflex by all of the Customer’s directors and/or spouses.

10.  CAVEATABLE INTEREST

Any Customer or Signatory for a Proprietory Company and/or Family Trust agrees to confer onto Fastflex a caveatble interest and hereby charges all of its estate, right, title and real properties both present and future within, but not limited to the State of Victoria or eleswhere, for the better securement of its obligations under this guarantee.

11.    QUANTITY AND WEIGHT

• Fastflex will endeavour to supply to the Customer the correct quantity and weight of goods

11.2  If any variation exists between the quantity and weight of the goods delivered compared to the quantity and weight of the goods ordered, the price for the goods delivered will be adjusted so as to reflect the variation from the quantity and weight of the goods ordered.

12.    RETURNS

• Fastflex will not provide or accept for credit returned goods(‘Returns’) from the Customer unless first specifically approved in writing

by Fastflex.

• Authorisation for Returns will not be provided until all goods are inspected by an authorized officer of Fastflex and deemed to be fit for
• The Customer acknowledges that Fastflex‘s decision as to whether or not it will provide credit for goods shall be a matter in the sole

discretion of Fastflex.

• All claims are to be made within 5 business days of delivery

Such claims must refer to the original delivery docket/invoice number & date. Goods returned for credit will not be accepted unless these details accompany the goods & said goods are received in original condition. Freight must be pre-paid. A re-stocking fee of 10% will apply to all claims.

NO CREDITS ARE PERMITTED ON SPECIAL MANUFACTURED ITEMS OR UNITS OR SPARE PARTS.

13.    SPECIFICATIONS AND LICENSES

• If Fastflex prepares the goods in accordance with the Customer’s specifications or instructions the Customer shall be responsible to ensure that the specifications or instructions are accurate and that they shall ensure that the goods are fit for the purpose for which the Customer intends to use
• The Customer warrants that the specifications or designs pertaining to the goods will not infringe any third party rights and the Customer agrees to indemnify Fastflex in respect of any loss, damage, costs or expenses (including legal fees on a full indemnity basis) which it may incur in connection with the manufacture and supply of goods to the Customer’s specifications or

14.      LIABILITY

• Except as specifically set out in these terms and conditions, or contained in any  written  warranty  issued  by  Fastflex,  any  term, condition or warranty in respect of the quality, merchantability,fitness for purpose, condition, description, assembly, manufacture, design or performance of the goods, whether implied by statute, common law, trade usage, custom or otherwise, is hereby expressly excluded to the maximum extent permitted by law.
• Replacement or repair of the goods is the absolute limit of Fastflex’s liability howsoever arising under or in  conjunction  with  the description,  quality,  condition,  performance,  assembly,  manufacture,  design,  merchantability  or  fitness  for  purpose  of  the  goods or alternatively the sale,use of, storage or any other dealngs with the goods or service by the Customer or any third party.
• Fastflex is not liable for any indirect or consequential losses or expenses suffered by the Customer or any third party, howsoever

caused, including but not limited to loss of turnover, profits,business or goodwill or any liability to any other third party.

15.      FORCE MAJEURE

• Fastflex will not be deemed to be in breach of contract, or otherwise liable to the Customer, by reason of delay in performance due to any circumstance beyond the reasonable control of Fastflex, including, without prejudice to the generality of the foregoing, any international disturbances, war, strikes, lockouts, fire,  riot,  flood,  and  including  inability  to  procure  materials  or  articles  except  at increased prices due to any of the abov

16.      GOVERNING LAW AND JURISDICTION

15.1 The laws of Victoria, Australia govern these terms and conditions and the Customer submits to the exclusive jurisdiction of the courts of the State of Victoria, Australia.

17.    PPSA

• Upon executing this Agreement, the customer acknowledges and agrees that this Agreement

• constitutes a security agreement for the purposes of the PPSA; and

• creates a Security Interest in:

• all Approved Products/Goods supplied by Fastflex Heating and Cooling Supplies P/L to the customer (if any); and

• all Approved Products/Goods that will be supplied in the future by Fastflex to the customer

• Fastflex may, at its discretion, do any of the following:

• register or give any notification in connection with any relevant Security Interest and exercise rights in connection with the Security Interest; and

• give notice to the customer requiring it to do anything at its expense (including amending this Agreement, executing any new document or agreement, obtaining consents and supplying information) which Fastflex requires for its purposes of the relevant Security Interest including registering the Security Interst on the PPSA register.

• The customer must:

• comply with any notice received pursuant to clause 16(b) within the time stipulated in the notice; and

• promptly sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which Fastflex may reasonably require to:

• register a financing change statement in relation to the Security Interest;

• register any other document required to be registered by the PPSA; or

• correct a defect in a statement referred to in clause 17(c)(ii)(A) or 17(c)(ii)(B)