“ACT” means ACT Industrial Pty Ltd (ABN: 97 123 756 909, address: 1 Butcher Street, Kwinana, WA 6167).
“Customer” means the purchaser of goods from ACT.
“Products” means all products supplied and/or delivered by ACT to the Customer, or picked up by the Customer from ACT.
“Terms” means terms and conditions of sales included in this document

2.1 The Terms apply to all contracts for sales of Products by ACT. No amendment, alteration, waiver or cancellation of any of these Terms is binding unless accepted in writing by ACT.
2.2 The Customer acknowledges that no employee or agent of ACT has any right to make any representation, warranty or promise in relation to the Products or the sale of the Products other than as contained in the Terms.
2.3 The Customer acknowledges agreement with the Terms by the placement of an order to purchase Products from ACT. No terms stated by the Customer when placing an order is binding unless accepted in writing by ACT.

3.1 Prices are determined at the time of order and, prior to payment of the deposit, are subject to change without notice.
3.2 GST and all duties are not included in quoted prices.
3.3 Prices and conditions on quotations are valid for thirty (30) days from the date of the quotations.

4.1 A deposit of 30% of invoice price must be paid when placing an order, unless otherwise agreed by ACT in writing.
4.2 Balance of the invoice must be paid in full within ten (10) days before the estimated time of arrival, or before collection, whichever is earlier, unless otherwise agreed by ACT in writing.
4.3 Interest is payable on all overdue accounts calculated on a daily basis at the rate of 1.5% per month from the date due for payment until payment is received by ACT.
4.4 Unless full payment is made by due date, ACT retains titles of the Products and has the right to retain the deposit and on-sell the Products to other parties

5.1 The Customer must, within 10 days of being notified of their availability, collect or accept delivery of the Products. Storage charges of $10/day/unit will apply after 10 days.
5.2 ACT reserves the right to deliver the Products in whole or in installments, as well as to deliver prior to the date for delivery and, in such event, the Customer must not refuse to accept delivery of the Products.
5.3 Any failure on the part of ACT to deliver Products within any specified time does not entitle the Customer to repudiate the contract with regard to the balance remaining undelivered.
5.4 For custom designed and non-stocked products, approximately 12-16 weeks of order processing starts from the date full deposit is received by ACT. This is just an estimated processing time as delays can occur.
5.5 Products supplied must not be returned for credit without prior written consent from ACT.
5.6 If the Customer pickups goods from port with containers, the containers must be returned to de-hire depot within ten (10) days from the date the containers are available for collection. Retention of containers beyond (10) days will result in a retention charge of $100 per day per container.

Legal and beneficial ownership of the Products will not pass to the Customer until such time as the Products have been paid in full in cash or cleared funds to ACT.

7.1 The Products are entirely at the risk of the Customer when delivery to the point of delivery or on collection, even though title of the Products has not passed to the Customer at that time.
7.2 The Customer must, at its own expense, maintain the Products and insure them for the benefit of ACT against theft, breakdown, loss, and other risks as from the moment of delivery to the point of delivery and until Products title has passed to the Customer.

8.1 Unless the Customer has inspected the Products and has given written notice to ACT within seven (7) working days after collection or delivery that the Products do not comply with the relevant specifications or descriptions, the Products are deemed to have been accepted in good order and condition. Notice received after seven (7) working days will not be accepted by ACT.
8.2 ACT shall in no event be liable for faulty, defects or damages unless such faulty, defects or damages can be shown have risen prior to delivery to the point of delivery or be dispatched from ACT's premises.

9.1 The products are to be used only as indicated. Misuse or misapplication may cause failure resulting in possible property damage or bodily injury. It is the obligation of the Customer to ensure the Products are used in accordance with appropriate codes and loading requirements.
9.2 Without limiting the generality of the foregoing ACT shall in no way be responsible for any loss of business or profits, downtime or delay, labour, repair or material cost or any similar or dissimilar consequential loss or damage incurred by the Customer.

10.1 ACT warrants that the Products supplied shall be fit for the purpose and be in full accordance with relevant specifications.
10.2 The Customer must not carry out any remedial work to alleged defective Products without first obtaining prior written consent of ACT.
10.3 Where replacement and rectification works are required to be carried out on the Products, ACT will, at its option, to:
(a) replace or repair the Products or the supply of equivalent products; or
(b) payment of the cost to replace or repair the Products or to acquire equivalent products

11. ACT reserves the right to alter specifications, designs and price without notification.

12.1 This document is a security agreement for the purposes of the PPSA.
12.2 The Customer consents to ACT affecting and maintaining a registration on the register in any manner ACT considers appropriate in relation to any security interest granted in or constituted including:
(a) in the Customer’s present and after acquired personal property and the proceeds arising in respect of any dealing in such property; and/or
(b) in the Products and the proceeds arising in respect of any dealing in the Products.
12.3 The Customer agrees that ACT may at any time register a financing statement or financing change statement in respect of such a security interest (including any purchase money security interest).
12.4 The Customer waives any right to receive a verification statement in accordance with s157 of the PPSA and waives and agrees to contract out of any provision referred to in s115 of the PPSA (including but not limited to any right to receive any notice and any provision which would otherwise prohibit or limit the exercise by ACT of any right in relation to the Equipment).
12.5 The Customer agrees to do all such things as ACT may require from time to time to protect its position as a secured party.
12.6 The Customer agrees to not register or permit to be registered a financing change statement in respect of a security interest granted in or constituted without ACT’s prior written consent.
12.7 PPSA means the Personal Property Securities ACT 2009 and any other legislation and regulations in respect of it and the following words in this Agreement have the meanings given to them in the PPSA: financing change statement, financing statement, interested person, purchase money security interest, register, registration, security agreement, security interest and verification statement.

The Company will not be liable for any breach of contract due to any matter or thing beyond the Company’s control (including but not limited to transport stoppages, transport breakdown, as well as fire, flood, earthquake, acts of God, strikes, lock-outs, work stoppages, wars, riots or civil commotion, intervention or public authority, explosion or accident).