All sales of products and services ordered from Power On Australia are bound by the following Terms & Conditions of Sale.

1. These Terms and Conditions will apply where any quotation for goods and/or services provided by Power On Australia Pty Ltd is accepted by the purchaser or the purchaser places an order with Power On Australia Pty Ltd for the provision of goods and/or services.

2. Credit terms are net cash thirty (30) days from the date of invoice. Payment will be made to Power On Australia Pty Ltd at such place and in such manner as may be directed from time to time and such payment shall be made before the close of business on the 30th day after the invoice date.

3. Orders may be made by the purchaser either by telephone, facsimile transmission, in writing through the postal service, by way of email transmission or by any other means as authorised by Power On Australia Pty Ltd from time to time.

4. All phone orders must be confirmed in writing as soon as possible. Should any order not be so confirmed, Power On Australia Pty Ltd will not accept responsibility for any incorrect deliveries.

5. Should the purchaser not adhere to our credit terms any collection fees, commissions and/or legal fees charged to us by any third party to recover the monies due from you must be paid by the purchaser.

6. Any invoices outstanding after thirty (30) days may attract a 10% interest per annum on the unpaid balance of the account calculated daily and at the discretion of Power On Australia Pty Ltd.

7. Unless otherwise agreed in writing between Power On Australia Pty Ltd and the purchaser, price is subject to change without notice and all goods will be charged at the price ruling at the time of invoice.

8. The purchaser acknowledges that no order may be cancelled, nor goods returned unless pursuant to these terms, once delivery has been effected.

9. No warranty is provided by Power On Australia Pty Ltd other than those provided by the manufacturer of the goods (a copy of which is available on request). The company reserves the right to vary any and all warranties at its sole discretion from time to time.

10. Prior to return of any goods in accordance with these terms, written approval must be obtained from Power On Australia Pty Ltd and all returns must be accompanied by a request for credit and the goods must be in original condition with the original invoice.

11. Where goods are returned to Power On Australia Pty Ltd in accordance with these terms and with the approval of Power On Australia Pty Ltd, the purchaser may be required to pay a restocking fee equal to twenty percent (20%) of the purchase price of the goods returned. This fee is charged at the sole discretion of Power On Australia Pty Ltd.

12. Claims for non delivery, short delivery, incorrect goods supplied and pricing and/or calculations must be made within seven (7) days of the invoice date from which it was supplied otherwise no action may be taken against Power On Australia Pty Ltd for any anomalies therein.

13. Except to the extent of the Trade Practice Act 1974 as amended and other statutory rules or regulations for the time being enforced, implied conditions or warranties which cannot except to a limited extent be excluded, restricted or modified:

(a) All warranties, representations, promises, conditions or statements regarding goods or services supplied, either express or implied, including without limitation, warranties, representations, promises, conditions or statements as to the suitability or fitness of the goods or services not expressly referred herein are hereby expressly excluded and

(b) Power On Australia Pty Ltd under no circumstances shall be liable for any form of damages including but not limited to incidentals, special, consequential or general damages in connection with or arising out of the supply or use of goods or performance of services. The total liability of Power On Australia Pty Ltd whether arising out of negligence or howsoever shall be limited to the provision of replacement items for any defective goods or the repairing of defective goods or the performance of any defective services again.

14. Title to the goods shall not pass to the purchaser until payment in full is received by Power On Australia Pty Ltd from the purchaser and the purchaser shall until full payment is made:

(a) Store goods separately which have not been paid for,

(b) Keep separate records in relation to the proceeds of the sale of any goods which have not been paid for,

(c) Bank the proceeds of any such sale into a separate account and immediately remit such funds to the credit of Power On Australia Pty Ltd,

(d) The purchaser acknowledges that it is in possession of the goods and/or material as bailee for Power On Australia Pty Ltd.

(e) The purchaser will account for the goods in such a way as to record and identify that they are the property of Power On Australia Pty Ltd.

15. Should the purchaser not pay for any goods on the due date specified pursuant to these terms and conditions of sale Power On Australia Pty Ltd is hereby irrevocably authorised by the purchaser to enter into the purchaser's premises or any premises under the control of the purchaser or as agent of the purchaser for the collection of the goods as ordered and use reasonable force to take possession of the goods without liability for the tort of trespass and will not be liable for any payment or compensation to the purchaser whatsoever.

16. If the purchaser sells or utilises the goods or any part thereof at any time before payment in full is received, whether by way of retail sale or as part of the Purchaser's stock in trade or otherwise:-

(a) The proceeds of sale will be the beneficial property of Power On Australia Pty Ltd.

(b) The purchaser will keep the proceeds of sale in a separate Trust Account for Power On Australia Pty Ltd and such that the proceeds of sale will not incorporate with the general funds of the Applicant.

(c) The purchaser will account to Power On Australia Pty Ltd for the proceeds of sale if required to do so.

17. All risk in the goods passes to the Purchaser on delivery.

18. Delivery shall be deemed to have been effected in good order and condition upon dispatch by Power On Australia Pty Ltd to the premises of the purchaser or to the premises of a freight forwarding agent or carrier and the purchaser shall be liable for all and any freight and carrying charges and insurance in respect of the goods unless Power On Australia Pty Ltd shall direct otherwise, or where the parties agree otherwise in writing.

19. It is the responsibility of the purchaser to satisfy itself that the goods are of the description, quality and character ordered, suitable for the purposes for which they are required and Power On Australia Pty Ltd shall not be liable for any loss or damage direct or indirect howsoever arising from the failure of the purchaser or any third party to so satisfy itself.

20. The purchaser will be responsible for examination of the goods upon arrival and Power On Australia Pty Ltd shall, except as otherwise provided by the law, not be liable for any claim for which it would otherwise be liable in respect of damaged goods including goods damaged in transit.

21. Whilst every endeavour will be made to effect delivery by the date given, Power On Australia Pty Ltd shall not be liable for any loss or damage direct or indirect howsoever arising from the sale of the goods or their transport, position, storage or rental by or to the purchaser whether negligently or otherwise.

22. Whilst every endeavour will be made to effect delivery by the date given, Power On Australia Pty Ltd shall not be liable to any penalty or damages for failure to deliver within the time stated due to strikes or any other kind of industrial dispute, accident, war or cause beyond its control.

23. The purchaser's attention is drawn to Section 68A of the Trade Practices Act 1975 ("the Act") which has the effect of enabling its supplies in respect of contracts for the supply of goods or services not being goods or services of a kind ordinarily acquired for personal, domestic or household use or consumption to limit their liability in certain circumstances for breach of certain of the conditions and warranties implied by the Act.

24. Subject to the qualification contained in Section 68A of the Act should Power On Australia Pty Ltd be liable for breach of a condition or warranty implied by Division 2 of Part V of the Act (not being a conditional warranty implied by Section 69 of the Act) or otherwise be held liable whether in tort, contract, equity, statute law or otherwise howsoever, the liability of Power On Australia Pty Ltd in respect of that liability in the case of goods shall be limited to the replacement value of the goods or the supply of equivalent goods.

25. The purchaser will not hold Power On Australia Pty Ltd liable for any installation or works effected by any third party, distributor or agent to whom Power On Australia Pty Ltd may have supplied the goods, nor for any installation or works effected by third parties engaged direct by the purchaser.

END OF TERMS AND CONDITIONS OF SALE