THESE CONDITIONS ARE DESIGNED TO BE READ IN CONJUNCTION WITH OUR CATALOGUE, OR THE INFORMATION AVAILABLE ON OUR WEBSITE IF YOU WILL BE MAKING A PURCHASE THROUGH OUR ONLINE STORE. IF YOU NEED ADDITIONAL INFORMATION OR A CATALOGUE PLEASE SEE OUR WEBSITE, OR CONTACT YOUR LOCAL ACROMAT AGENT OR HEAD OFFICE.

Trading Terms

These Conditions apply to all supplies of goods by ACROMAT. If there is any inconsistency between the terms of any purchase order or your standard terms, these Conditions prevail.

For all purchases made directly via our web site, payment must be made using the online payment gateway system operated by Web Active Corporation Pty Ltd ACN 086 209 403 trading as eWAY.

For all purchases except those made via our web site:

(i) where a trading account has been arranged with us, terms of payment are strictly net 30 days from receipt of invoice; and
(ii) where a trading account has not been arranged with us, full payment (including delivery fees) is required when the order is placed.

Orders

All orders must be issued or confirmed in writing by customers. Written orders confirming a phone order must be clearly marked "CONFIRMATION OF PHONE ORDER". ACROMAT will not be held responsible for additional charges on duplicated orders where this procedure is not adopted.

All orders submitted to ACROMAT are subject to acceptance by ACROMAT, and may be rejected by us (even once accepted) at any time up until the goods are dispatched for delivery.

Orders submitted via the web site will be processed in accordance with the "Order Processing" section of our Shipping & Returns Policy, as set out on the web site.

Once accepted, orders can be cancelled at any time prior to delivery, by notice in writing to ACROMAT sent by email to acromat@acromat.com.au. No cancellation will be effective unless and until ACROMAT confirms this in writing. If an order is validly cancelled, any payments made will be refunded less the amounts described in the "Returns" section of these Conditions and any additional amounts described in the Shipping & Returns Policy for orders submitted via our website.

Prices

Prices in our catalogue price list, and on our web site, do not include installation. ACROMAT are pleased to quote on installation where it is required. The prices displayed in our price list and our web site are subject to revision without notice and ACROMAT reserve the right to invoice goods at the price which is current at the time of delivery. Unless otherwise expressly indicated, all prices are GST exclusive, and customers must pay any additional amounts in respect of GST or other taxes and charges which apply. Prices set out in our catalogue price list and on our web site for the same goods may differ.

Product Specifications

"ACROMAT POLICY" is one of continual product improvement. As alterations occur to National and International Specifications for products, or improvements in product design are engineered, we reserve the right to substitute and supply you with the altered or improved product without prior consultation.

Freight

Prices listed in our catalogue price list do not include freight. For orders placed via our web site, the customer is responsible for paying all shipping and delivery charges regardless of the value of the order placed, as explained in our Shipping & Returns Policy set out on the website.

Where on forwarding freight or special freight services are required, the customer must specify the carrier and all these freight charges will be the responsibility of the customer. This applies to all orders, including those placed via our web site.

Damages or Shortages

All consignments are inspected and counted prior to dispatch. Any shortages, damages or discrepancies at the time of delivery must be noted on the consignment note and notification must be given to the Carrier and ACROMAT immediately and in any event within 24 hours of the delivery being received by the customer. Failure to comply with this requirement will negate any claim on the carrier or ACROMAT, and to the fullest extent legally possible the goods delivered to the customer will be deemed to be correct and without damage, in all respects (including amount), subject to the "Warranty Claims" section of these Conditions set out below.

Warranty

All goods sold by ACROMAT are guaranteed against defective and/or faulty materials and workmanship for a period of 12 months from date of dispatch to customers.

Warranty Claims

If you wish to make a claim under the 12 month warranty provided by us, then before returning any the relevant goods to us you must initiate a return / warranty claim by contacting us by email at acromat@acromat.com.au. We will then confirm receipt of your claim and issue you with a Return Authorisation Number (RA Number) and provide with instructions on returning the faulty item. The RA Number is valid for 7 days from the date of issue, and during this time the faulty goods must be received by ACROMAT. Customers are solely responsible for returning the goods to ACROMAT.

The RA Number will not be extended or re-issued. The RA Number must be clearly displayed on the package returning the goods. Any goods returned without a valid RA Number, or without a RA Number, will be not accepted and shipped back to customers at the expense of customers. Depending on the item we may require that it is returned with all original accessories. ACROMAT reserves the right to reject incomplete or not properly packaged items, and return them to customers at their cost and expense.

Once goods have been properly returned to us, we will test them to determine whether a customer's claim of a fault/defect is valid. If so, we will issue the customer with a full refund or a replacement item (at our sole discretion), and if a replacement is provided we will bear the costs of shipping this to the customer.

If a warranty claim is determined to be invalid, we will return the item to customers, and customers must pay to us the costs of shipment together with a $45 (GST exclusive) service fee and any other fees and charges we reasonably determine are payable in the circumstances. The service fee and other applicable amounts, including shipment costs, must be paid to ACROMAT before we will return the item to the customer. If payment is not received by ACROMAT within 30 calendar days of request, then ACROMAT in is sole discretion may sell the item to recover the service fee, and will refund to the customer any remaining balance.

If an item is faulty or defective at the time of delivery and this has not been notified to ACROMAT as required by the "Damages and Shortages" section of these Conditions, customers should initiate a warranty claim in the manner outlined above within 7 days of taking delivery. All claims received outside this period are considered to be warranty claims, and treated by ACROMAT as such. Once we have examined the item and confirmed that it was defective/faulty at the time of delivery to the customer, we will either replace the item or refund the full amount of the order to the customer, as requested by the customer.

Exclusions

Apart from the warranty set out in the section of these Conditions entitled "Warranty", to the fullest extent permitted by law, ACROMAT excludes:

• all conditions, warranties, guarantees and terms implied by statute, general law, international convention or custom, except any implied term, condition, guarantee or warranty the exclusion of which would contravene any statute or cause this clause to be void (Non-excludable Condition). In particular, ACROMAT does not exclude or limit the application of any provision of any applicable statute, legislation or other regulation (including the Competition and Consumer Act 2010 (Cth) and its Schedules and Regulations) where to do so would contravene that statute, legislation or regulation or cause any part of these Conditions to be void, and nothing in these Conditions is to be interpreted as doing so;
• all liability to customers for direct, consequential or indirect loss or damages arising out of or in connection with these Conditions, or the goods or services it supplies to customers, even if ACROMAT knew they were possible, or they were otherwise reasonably foreseeable, and including without limitation, loss of profits and damage suffered as a result of claims by any third person; and
• all liability to customers in negligence for acts or omissions of ACROMAT, its employees, agents, contractors, related entities and other representatives arising out of or in connection with these terms.

• in the case of goods - replacement of the goods or the supply of equivalent goods, repair of the goods, payment of the cost of replacing the goods or acquiring equivalent goods, or payment of the costs of having the goods repaired; and
• in the case of services - the supply of the services again or payment of the cost of having the services supplied again.

Retention of Title

Title to all goods remains vested in ACROMAT and will not pass to you until you have paid the purchase price in full, in accordance with the "Trading Terms" section of these Conditions. This constitutes a purchase money security interest, as defined in the Personal Property Securities Act 2009 (Cth) (PPSA), in the goods and any proceeds of sale of the goods (PMSI) to secure the purchase price of the goods.

PPSA

In the case of customers with a trading account or who are otherwise supplied goods on credit terms (Credit Customers), if the purchase price is not paid in full within the allowed 30 day period, then ACROMAT may, without notice and without prejudice to any of its other rights and remedies, enter your premises and seize the goods and thereafter sell or otherwise dispose of that goods as it sees fit. In seizing the goods, ACROMAT may take whatever action is required to detach the goods from your premises and shall be under no liability to make good any damage effected to the premises as a result of such action.

Credit Customers agree that once an order is placed with ACROMAT which is accepted, then these Conditions amount to a security agreement for the purposes of the PPSA, and the customer will do such things as ACROMAT may require from time to time to ensure that any security interest of ACROMAT is perfected under the PPSA for whatever period that ACROMAT determines in its sole discretion, and will reimburse and indemnify ACROMAT for all expenses incurred by ACROMAT in registering its security interest on the PPSA register. Credit Customers also agree not to do or permit anything to be done that may result in the PMSI granted to ACROMAT ranking in priority behind any other security interest (as defined in the PPSA).

Credit Customers agree to keep ACROMAT fully informed of all relevant information regarding the customer, including providing not less than 14 days notice in writing of any proposed change in name or contact details and will immediately notify ACROMAT of any material changes in business activities.

ACROMAT may appropriate any moneys paid to it by the customer in such manner and at such times as ACROMAT, in its absolute discretion, determines.

Contracting

Our Credit Customers agree that that nothing in sections 118, 121(4), 125, 130, 142 or - PPSA 143 of the PPSA will apply to these Conditions or any security interest created by these Conditions, and waives its rights to receive any of the following documents under the following sections of the PPSA:

• 95 (notice of removal of an accession);
• 118 (notice of decision to enforce security interest under land law);
• 121(4) (enforcement of liquid assets - notice to grantor);
• 123 (notice of seizure of collateral);
• 130 (notice of disposal of collateral);
• 132(3)(d) (statement of account following a disposal showing the amounts paid to other secured parties);
• 132(4) (statement of account if there is no disposal);
• 135 (notice of retention of collateral);
• 157 (notice in relation to registration events); and
• all sections in Part 4.3 (other than those in Division 6 of Part 4.3).

Risk

Notwithstanding the foregoing, the goods shall be at the risk of the customer from the date of delivery.

Returns

Once delivered, no goods will be accepted for return without prior approval from ACROMAT.

Once delivered, no goods will be accepted for return for credit after 30 days from date of invoice, except in certain circumstances if a warranty claim is validly made, without ACROMAT's prior approval.

All goods returned must have freight prepaid, including warranty claims. Please mark clearly name and address of sender.

If ACROMAT agrees to accept a return of goods, or the cancellation of an order, goods returned for credit are subject to a restocking charge of an amount determined and applied by ACROMAT in its sole discretion, plus any freight charges incurred by ACROMAT.

Variation

ACROMAT may at any time vary the Conditions applicable to future orders and may notify the customer of these changes or provide any other notice in connection with the Conditions by email, facsimile, post or, in the case of a variation of the Conditions, by publishing the revised Conditions on its website: www.acromat.com.au. If ACROMAT publishes the revised Conditions on its website, it may (but is not obliged to) notify the customer that is has done so on any invoice.

HOW TO ORDER - CATALOGUE ORDERS

1. Select equipment required - code and product name.
2. Phone, fax, post or email your order to your nearest ACROMAT representative or to ACROMAT head office.

HOW TO ORDER - WEB SITE ORDERS

1. Please visit our web site at www.acromat.com.au to review detailed product information and submit an order.
2. These Conditions, together with the Terms of Use for our web site and all relevant policies set out on the website (including but not limited to our Shipping & Returns Policy and our Privacy Policy) apply to all orders submitted via the web site. However, in the event of an inconsistency between these Conditions and any of those other documents, the other documents will prevail to the extent necessary.

Call your ACROMAT representative to assist you in obtaining relevant building information and measurements. ACROMAT will then provide a quotation for equipment including installation if it is required.