Unless otherwise specified and agreed to by Bathroom & Kitchen Supplies Pty Ltd, in writing, the following terms and conditions (“Terms and Conditions”) shall apply to the supply of goods and services (“goods”) by Bathroom & Kitchen Supplies Pty Ltd or any of its subsidiaries to you (“Buyer”).

1. CONDITIONS TO PREVAIL: Bathroom & Kitchen Supplies Pty Ltd is not bound by any variation to these Terms and Conditions unless recorded in writing and signed by a duly authorised officer of Bathroom & Kitchen Supplies Pty Ltd. Bathroom & Kitchen Supplies Pty Ltd may from time to time alter these Terms and Conditions and such altered Terms and Conditions shall apply after written notification by Bathroom & Kitchen Supplies Pty Ltd to the Buyer.

2. QUOTATION: (a) A quotation from Bathroom & Kitchen Supplies Pty Ltd includes only those goods as are specified therein. Any order arising from it is deemed to be accepted by the Buyer subject to these Terms and Conditions.

(b) A quotation remains valid for a period of thirty (30) days from the date of the quotation.

(c) Bathroom & Kitchen Supplies Pty Ltd has the right to vary or withdraw any quotation, without notice, at any time up to the date an order arising from it has been accepted by Bathroom & Kitchen Supplies Pty Ltd in writing.

3. DRAWINGS AND DESCRIPTIVE DOCUMENTS: All drawings, samples, descriptive matter, weight, dimensions and shipping specifications submitted with our quotation, price list or brochures are approximate and are intended as a guide only. Bathroom & Kitchen Supplies Pty Ltd will exercise all reasonable care to ensure their accuracy.

4. ORDERS: (a) Orders must be placed in writing.

(b) Each order is deemed to incorporate these Terms and Conditions notwithstanding any inconsistencies between these Terms and Conditions and the terms of the order, and to the extent of such inconsistency these Terms and Conditions prevail.

(c) Any variation to an order must be received in writing.

(d) No order shall be binding on Bathroom & Kitchen Supplies Pty Ltd unless it has been accepted by Bathroom & Kitchen Supplies Pty Ltd in writing within 14 days of the date of the order.

5. CANCELLATION OF AN ORDER: When an order has been placed with, and accepted by, Bathroom & Kitchen Supplies Pty Ltd that order cannot be cancelled by the Buyer except with the written consent of Bathroom & Kitchen Supplies Pty Ltd. Where Bathroom & Kitchen Supplies Pty Ltd consents to cancellation of an order, Bathroom & Kitchen Supplies Pty Ltd may require the Buyer to pay a restocking fee of an amount equal to 20% of the price set out in that order.

6. PRICE: The prices in respect of an order are those prices:

(a) Specified in a valid quotation accepted by Bathroom & Kitchen Supplies Pty Ltd; or

(b) Set out in Bathroom & Kitchen Supplies Pty Ltd price list at the date of delivery. All prices are subject to alteration or withdrawal by Bathroom & Kitchen Supplies Pty Ltd without notice.

7. FREIGHT AND TAXES: All prices are net and do not include Freight, Sales Tax, Goods and Service s Tax, or other similar charges, which remain the responsibility of the Buyer.

8. PAYMENT TERMS: Payment is required by the end of the month following the date of invoice, or as otherwise agreed in writing.

9. PALLETS: Where supplied, all pallets will be invoiced at the Buyers rate of supply. Where an exchange or return occurs a full credit will be issued.

10. OVERDUE ACCOUNTS: When payment is received later than the agreed payment date, interest will be chargeable at the rate of 2 percent per month from the agreed payment date until the actual date of receipt of payment by Bathroom & Kitchen Supplies Pty Ltd.

11. DELIVERY: (a) Bathroom & Kitchen Supplies Pty Ltd will arrange for the performance/delivery of the goods to the premises specified by the Buyer in the order and, unless otherwise agreed in writing between Bathroom & Kitchen Supplies Pty Ltd and the Buyer, Bathroom & Kitchen Supplies Pty Ltd shall charge to the Buyer the cost of such delivery. The manner of performance/delivery shall be in Bathroom & Kitchen Supplies Pty Ltd absolute discretion.

(b) The date of delivery quoted is approximate only. Bathroom & Kitchen Supplies Pty Ltd shall not be liable in respect of non-delivery or for delay in delivery due directly or indirectly to war, acts of God, strikes, lockouts, riots, government action or interference, shipping delays, or other causes beyond its control including failure for any reason whatsoever of any supplier (including the Buyer) to deliver any part of the goods to Bathroom & Kitchen Supplies Pty Ltd. In no case shall Bathroom & Kitchen Supplies Pty Ltd be liable for any loss or damage resulting either directly or indirectly from a failure to deliver by any specific date.

(c) Bathroom & Kitchen Supplies Pty Ltd may at its option, manufacture, make available and/or deliver by instalments and/or individually the items ordered, which may be separately invoiced to the Buyer on a pro-rata basis.

12. TRANSIT: It is the Buyer’s responsibility to check the quantity and condition of goods received, to note any shortage or damage by way of endorsement on the carriers’ delivery dockets and to lodge claims, where appropriate, against the carrier or insurer.

13. WARRANTY: Bathroom & Kitchen Supplies Pty Ltd accepts no responsibility for any defect unless the Buyer lodges a written complaint to Bathroom & Kitchen Supplies Pty Ltd within seven days of the date of delivery of the goods to the Buyer, and unless Bathroom & Kitchen Supplies Pty Ltd has been given the first opportunity to remedy the defect. In every case Bathroom & Kitchen Supplies Pty Ltd’s liability is limited to replacing free of charge all or such parts of the goods as have proved defective. Liability for consequential damage or loss, direct or indirect, of any kind is expressly excluded. To the extent permitted by law and save as provided herein, all warranties, guarantees or conditions, whether arising from statute, regulation, general usage or otherwise, as to quality or fitness for any purpose are hereby expressly excluded. To the extent permitted by law, where implied conditions and warranties cannot be excluded under the Trade Practices Act 1974 (C’th). Bathroom & Kitchen Supplies Pty Ltd limits its liability in the case of supply of goods, to the replacement of the goods or the supply of equivalent goods or the repair of the goods or the paying of the cost for replacing or repairing the goods or re-supplying equivalent goods; and in the case of services, the supply of the services again or paying the cost of having the services supplied again.

14. RETURNING GOODS: No credit or replacement will be issued for returned goods unless the return is first approved in writing by Bathroom & Kitchen Supplies Pty Ltd.

15. RESERVATION OF TITLE:

(a) Risk in the goods will pass to the Buyer when the goods are delivered to the Buyer in accordance with these Terms and Conditions.

(b) Notwithstanding paragraph (a) above, title in the goods will not pass to the Buyer until:

(i) Bathroom & Kitchen Supplies Pty Ltd has received full payment for the goods as well as all other goods supplied by Bathroom & Kitchen Supplies Pty Ltd to the Buyer (regardless of the time at which such payment may be due and all amounts owed by the Buyer to Bathroom & Kitchen Supplies Pty Ltd have been paid; or

(ii) the goods are sold by the Buyer in the ordinary course of business.

(c) After delivery of the goods to the Buyer but before property passes to the Buyer in accordance with paragraph (b) above:

(i) the relationship between the parties is fiduciary and the Buyer must hold the goods as bailee;

(ii) the Buyer must, at its expense, store and clearly identify the goods as the property of Bathroom & Kitchen Supplies Pty Ltd;

(iii) the Buyer must, at its expense, take all necessary precautions to keep the goods safe and free from damage by fire, water, accident, vermin or reckless or malicious damage;

(iv) the Buyer must insure the goods for their full insurable value against loss or damage by fire, theft, accident and other such risks;

(v) the Buyer must give Bathroom & Kitchen Supplies Pty Ltd, its agents and servants, leave and license, without the necessity of giving any notice, to enter at any time on and into any premises occupied by the Buyer, in the event of a receiver, liquidator or official manager being appointed to manage the affairs of the Buyer, then any failure of the appointee using real force, if necessary, to inspect, search for, or remove the goods.

(d) If the Buyer sells the goods, the Buyer must hold so much of the sale proceeds as equals the amount payable to Bathroom & Kitchen Supplies Pty Ltd in a separate account on trust for Bathroom & Kitchen Supplies Pty Ltd until the Buyer has paid Bathroom & Kitchen Supplies Pty Ltd in full for the goods as well as other goods supplied by Bathroom & Kitchen Supplies Pty Ltd to the Buyer,

(e) If the Buyer fails to make full payment for any goods supplied by Bathroom & Kitchen Supplies Pty Ltd, Bathroom & Kitchen Supplies Pty Ltd is entitled to possession of those goods and may recover and sell those goods. The Buyer must place those goods at the disposal of Bathroom & Kitchen Supplies Pty Ltd and is entitled to enter upon any premises of the Buyer and remove those goods.

16. SET-OFF:

The Buyer agrees and understands that the account between Bathroom & Kitchen Supplies Pty Ltd and the Buyer is a running account to the intent that sums owing by Bathroom & Kitchen Supplies Pty Ltd to the Buyer will be set off against sums owing by the Buyer to Bathroom & Kitchen Supplies Pty Ltd in the books of account kept by Bathroom & Kitchen Supplies Pty Ltd.

17. INSURANCE:

Insurance is the responsibility of the Buyer.

18. ARBITRATION:

If a dispute arises the Buyer shall nevertheless take delivery and make payment for them on the terms set out in these Terms and Conditions of Sales. At the same time the dispute shall be referred to arbitration (if the parties cannot otherwise agree) in which case the decision of the arbitrator shall be final.

19. PRIVACY:

The Buyer understands that the collection, use and disclosure of personal information is undertaken by Bathroom & Kitchen Supplies Pty Ltd in accordance with the requirements of the Privacy Act 1988 (C’th).

20. LAW:

The provisions and conditions of these Terms and Conditions of Sale shall be determined by the laws of Victoria .

21. ACKNOWLEDGEMENT - (the “Buyer”) acknowledges and agrees:

(a) To comply with these Terms and Conditions; and

(b) that if the Buyer’s account exceeds the agreed trading terms, the account may be placed on restricted trading terms by Bathroom & Kitchen Supplies Pty Ltd without notice, and that the Buyer will pay all collection costs incurred in the recovery of the late payment.