Terms and Conditions of Sale

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TITLE

1.     Title and ownership of the goodsshall not pass to the customer until payment of the full purchase price is made.  The customer shall in the meantime take custody of the goods and retain them as the fiduciary agent and bailee of Link International Pty Ltd.  The customer authorises the person nominated by Link International Pty Ltd to enter upon any premises in the possession of or under the control of the customer to retrieve the goods at any time during business hours so long as title in them remains with Link International Pty Ltd.

PRICE

2.     Goods are supplied at the price prevailling at the time of their order and Link International Pty Ltd may, in its unfettered discretion, vary the price of any of the goods without notice.

PAYMENT

3.     The term of payment for approved customers is thirty (30) days from the end of the month in which the goods are invoiced to the customer.

4.     Link International Pty Ltd may in writing provide for such other terms of payment as it sees fit for any particular customer.

5.     Failure to pay an account by the due date as provided for herein will attract an overdue account fee which shall be fixed by Link International Pty Ltd in its sole discretion.

6.     Link International Pty Ltd may refuse to supply further goods to any customer whose account is overdue.

7.     Link International Pty Ltd may in its sole discretion require payment in advance from any customer before any goods are delivered.

RETURNS

8.     The customer may return any goods that have been incorrectly supplied.

9.     All goods returned must be accompanied by a copy of the relavant invoice.

10.   Link International Pty Ltd will charge a restocking/handling fee as determined by in its sole discretion as being appropriate in the circumstances, which fee is payable immediately upon notification to the customer.

11.   All goods returned under this condition must be un-damaged and un-marked.

TRANSPORT AND INSURANCE

12.   Link International Pty Ltd will, upon request of a customer, arrange freight and/or insurance for consignments to customers.

13.   All freight and/or insurance arranged by Link International Pty Ltd on behalf of a customer will be in the capacity as agent for that customer.  It will be the responsibility of the customer to follow up any freight damages, shortages or delys when using their nominated freight company or account when it is not a preferred Link International freight company.

14.  All freight and insurance charges are to be customer's account and are the subject of the same payment requirements as the goods.

15.   Unless otherwise specified in writing, Link Internation Pty Ltd reserves the right to arrange transport and/or insurance with such suppliers and on such terms as it, in its sole discretion, deems appropriate.

DAMAGE AND SHORTAGES

16.   Unless Link International Pty Ltd is advisedin writing within 24 hours of receipt of the goods by a customer that those goods are damaged or the quantity is less than ordered, then the goods will be deemed to have been delivered free of damage and/or shortages.

LIABILITY

17.1  Accept as provided by sub-peragraph 17.2 hereof:-

(a)     All terms, conditions, warranties, undertakings, inducements or representations whether expressed, implied, statutory or otherwise relating in any way to the goods supplied to the customer, which are not expressly stated herein are expressly excluded.

(b)     Link International Pty Ltd will not be liable to the customerfor any breach of these conditions, and shall be under no liability to the customer in respect of any loss or damage (including consequential loss or damage) howsoever caused (whether by Link International Pty Ltd's negligence or otherwise) which may be suffered or which may arise derectly or indirectly in respect of the goods supplied to the customer;

17.2   Where any act of Parliament implies into this agreement any term, condition or warranty, and that act avoids or prohibits provisions in any contract excluding or modifying the application of or exercise or liability under, such term, condition or warranty, shall be deemed to be included in this agreement, save that where the goods are supplied are not of a kind ordinarily required for personal, domestic or household use or consumption, Link International Pty Ltd's liability will be limited to:-

(a)     the replacement of the goods or the supply of equivalent goods or repair of the goods; or

(b)     the payment of the costs of replacing the goods or acquiring equivalent goods; or

(c)     the payment of the costs of having the goods repaired.

APPLICABLE LAW AND JURISDICTION

18.   All agreements between Link International Pty Ltd and its customer is governed by the laws in force for the time being of the State of Queensland; and the customer submits tothe non-exclusive jurisdiction of the Courts and Tribunals of that in the State or capable of hearing appeals therefrom.