T&Cs of Sale

1. DEFINITIONS
   1. 1.1 Conditions: These Terms and Conditions of Sale.
   2. 1.2 Customer: Any individual, firm, or corporation acquiring Goods or Services from the Supplier and includes the Applicant in a Commercial Credit Application. Where the Customer comprises more than one party, each party is jointly and severally liable.
   3. 1.3 Goods: All goods and/or materials supplied by the Supplier to the Customer.
   4. 1.4 GST: Goods and Services Tax under the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
   5. 1.5 PPSA: Personal Property Securities Act 2009 (Cth), as amended.
   6. 1.6 Security Agreement and Security Interest: As defined under the PPSA.
   7. 1.7 Services: All services supplied by the Supplier to the Customer.
   8. 1.8 Supplier: Damita Investments Pty Ltd (ACN125638548) Trading as Cable Distribution Services, including its employees, contractors, and authorised representatives.
2. APPLICATION OF CONDITIONS
   1. 2.1 Subject to clause 2.4, or unless otherwise agreed in writing, these Conditions apply to all contracts for the sale of Goods or supply of Services by the Supplier and override any inconsistent terms. Any variation must be in writing and signed by the Supplier.
   2. 2.2 Written quotations are valid for 7 days unless otherwise stated and are an invitation only to the customer to place an order based on said quotation.
   3. 2.3 Orders are only accepted when confirmed by the Supplier in writing or upon delivery of the Goods.
   4. 2.4 The Supplier may vary these Conditions on 14 days’ written notice. Continued placement of orders constitutes acceptance of the varied terms. Such variations will apply only to orders placed after the effective date of the change.
   5. 2.5 Orders below the Supplier’s nominated minimum order value may attract a handling fee.
   6. 2.6 The Supplier may terminate the agreement on 30 days’ written notice. Termination is without prejudice and does not affect accrued rights of the Supplier prior to such termination including the right to be paid or to recover the Goods.
   7. 2.7 The parties must treat the terms of this agreement, including pricing, as confidential unless disclosure is required by law.
   8. 2.8 If the Customer is a trustee of a trust, it confirms it has full and unrestricted indemnity out of the trust assets.
3. PAYMENT
   1. 3.1 For Account Customers, Payment is due by the end of the month following delivery, unless alternative terms have been agreed in writing by the Supplier.
   2. 3.2 For Cash Sale Customers, Payment is due in full on placement of Purchase order, unless alternative terms have been agreed to in writing by the Supplier.
   3. 3.3 All Customers are to be treated as Cash Sale for the first purchase from Supplier.
   4. 3.4 Administration fees may apply to dishonoured payments.
   5. 3.5 The Supplier may withdraw any credit terms or require the provision of security at any time in its absolute discretion and without notice to the Customer and may apply any payments by the Customer as it sees fit.
4. DEFAULT
   1. 4.1 If payment is not made by the due date, all amounts become immediately due and payable.
   2. 4.2 The Supplier may charge interest on overdue sums at 2% per annum above the RBA cash rate.
   3. 4.3 The Customer shall be liable for all legal and recovery costs on a full indemnity basis.
   4. 4.4 The Supplier may suspend further deliveries or terminate unperformed contracts.
   5. 4.5 These rights also apply if the Customer becomes bankrupt, insolvent, or subject to external administration.
   6. 4.6 In the event of a dispute, the Customer may not withhold payment for undisputed amounts due to the Supplier.
5. TITLE AND PPSA
   1. 5.1 Title in the Goods does not pass to the Customer until full payment is received.
   2. 5.2 Risk in the Goods passes to the Customer on delivery.
   3. 5.3 The Customer holds unpaid Goods as fiduciary bailee and must store them separately.
   4. 5.4 The Customer grants a Security Interest in the Goods and their proceeds.
   5. 5.5 The Supplier may register its interest on the PPSR. The Customer waives rights under PPSA sections 95, 121(4), 125, 130, 132(3)(d), 132(4), 135, and 157.
   6. 5.6 The Customer consents to the Supplier entering premises to repossess unpaid Goods, indemnifying itself against all costs, claims, demands, or actions arising from such actions.
6. GST AND DUTIES
   1. 6.1 All prices exclude GST unless stated otherwise.
   2. 6.2 The Customer must pay GST on taxable supplies.
7. DELIVERY
   1. 7.1 Delivery dates are estimates only. Partial deliveries are permitted.
   2. 7.2 Freight and insurance costs are to be borne by the Customer, unless otherwise agreed in writing by both parties.
   3. 7.3 If the Customer is unable to or fails to accept delivery, the Customer shall be liable for all additional charges incurred.
8. RISK AND INSURANCE
   1. 8.1 All Risk in the Goods and all insurance responsibility for theft, damage, or otherwise in respect of the Goods passes to the Customer immediately upon delivery of the Goods to the Customer, or Collection of the Goods by the Customer or Customer’s subcontractor.
9. WARRANTIES AND LIABILITY
   1. 9.1 Nothing in these Conditions excludes, restricts or modifies any consumer guarantee under the Australian Consumer Law (ACL). This clause is subject to section 64A(3) of the Australian Consumer Law.
   2. 9.2 Where the Customer is not a consumer under the ACL, or the Goods are not of a kind ordinarily acquired for personal, domestic or household use: the Supplier’s liability is limited to:
      • (a) the replacement or resupply of Goods or Services, or
      • (b) the cost of such replacement or resupply.
   3. 9.3 The Supplier is not liable for indirect or consequential loss, including loss of profits or business.
   4. 9.4 The Supplier is not liable for delays in delivery.
   5. 9.5 To the extent any term in these Conditions is inconsistent with the ACL, that term is to be read down or severed.
10. CANCELLATION
    1. 10.1 The Customer may not cancel any order after acceptance without the Supplier’s written consent.
11. RETURNS
    1. 11.1 All returns are at the Supplier’s discretion.
    2. 11.2 Cut and special/indent orders (cable and other products) are non-returnable unless supplied incorrectly.
    3. 11.3 Other returns are subject to a 30% restocking fee if approved by Supplier.
    4. 11.4 All return claims must be made in writing within 5 business days of delivery. Nothing in this clause limits the Customer’s rights under the ACL.
12. GOVERNING LAW AND JURISDICTION
    1. 12.1 These Conditions are governed by the laws of Western Australia. The parties submit to the non-exclusive jurisdiction of the courts of Western Australia.

End of Terms and Conditions

CREDIT AGREEMENT TERMS (Separate Document Attachment)
Note: The following terms apply only where the Customer applies for credit and are provided in a separate agreement titled “Credit Application Terms and Conditions”.

• Extended payment terms
• PPSA registration authority
• Personal guarantees (if applicable)
• Privacy and credit reference disclosures
• Security interest in proceeds

Please refer to the separate document for those provisions.