Goods, services and other products(hereinafter known as goods) are sold by ABS TRAILQUIP on the following conditions:

1. Accounts are due and payable on or before the last day of the month following the month in which the goods were invoiced

2. ABS TRAILQUIP reserves the right to charge interest at 2% per month on all overdue accounts exceeding 30 days from date of invoice. Any part payments shall first be credited against the extra charge.

3. Should there be any default from the above payment terms, all monies owing by the Applicant to ABS TRAILQUIP shall become immediately due and payable.

4. All expenses, costs or disbursements incurred in recovering any overdue monies including debt collection fees and the Applicant shall pay solicitor costs.

5. ABS TRAILQUIP reserves the right to withhold the supply of goods and services at any time without notice to the Applicant. The Applicant shall advise ABS TRAILQUIP of all material changes in name and / or financial status which may result in the need to complete an additional application for commercial credit.

6. In the event of this application being successful, ABS TRAILQUIP will determine a fixed credit limit. Should the account exceed this limit ABS TRAILQUIP reserves the right to withhold the supply of goods and services without notice.

7. The applicant shall be responsible for the collection or delivery of goods to their nominated delivery address. Where the Applicant requests ABS TRAILQUIP to deliver the goods through ABS TRAILQUIP servants or agents, no responsibility for goods damaged in transit will be accepted by ABS TRAILQUIP and the risk in the goods shall pass to the Applicant upon the goods leaving ABS TRAILQUIP premises. Where requested by the Applicant to insure, insurance charges shall be payable by the Applicant.

8. Notwithstanding paragraph (7) above, until payment for all outstanding accounts is made in full to ABS TRAILQUIP:

8.1 Property in the goods remains with ABS TRAILQUIP and the Applicant agrees to hold goods as bailee for ABS TRAILQUIP and to indemnify absolutely against loss or of damage to the goods howsoever caused:

8.2 ABS TRAILQUIP may at any time terminate any contract relating to the goods and the bailment without notice to the Applicant and may thereupon take possession of the goods or may assume the Applicant s interest and rights under any contract to the goods with a third party:

8.3 The Applicant authorises ABS TRAILQUIP by its servants or agents to enter any premises owned, leased or otherwise occupied by the Applicant in order to recover goods and indemnifies ABS TRAILQUIP against the use of reasonable force and any resultant damage in order to obtain such possession; and

8.4 If the goods are sold by the Applicant, the Applicant acknowledges that such sale is by the Applicant as bailee for an on behalf of ABS TRAILQUIP and agrees to hold the proceeds of such sale on trust for ABS TRAILQUIP until payment is made in full to ABS TRAILQUIP for the goods.

9. Payments received shall generally be allocated to the invoices that have been outstanding the longest period of time, but may be allocated to specific invoices at ABS TRAILQUIP discretion.

10. Goods may be returned for credit within 7 days of invoice date under the following conditions: - Goods must be in the same condition, packaging and identification as at the time of sale. Core deposits are refundable only if returned goods are complete, without major or critical component damage, and in a generally reconditionable condition. Freight must be prepaid. Sender(s) identity and original invoice number must be clearly stated. The reason for return must be clearly stated. A restocking fee may be imposed at the discretion of ABS TRAILQUIP. Goods that have been fitted, used or modified may be refused credit. Goods specially procured may not be returned. No returns will be accepted by ABS TRAILQUIP after 7 days unless by prior arrangement.

11. Goods sold by ABS TRAILQUIP are warranted against defects arising from faulty workmanship and materials for the periods stated below. This warranty is subject to the following conditions:

11.1 ABS TRAILQUIP liability in respect of this warranty is limited to the credit, repair or replacement of the defective goods only and the choice to credit, repair or replace goods shall be at the option of ABS TRAILQUIP. ABS TRAILQUIP WILL NOT WARRANTY ANY LABOUR COST

11.2 This warranty applies only if ABS TRAILQUIP is satisfied upon examination that the goods have been correctly installed, used and correctly maintained by qualified and experienced personnel.

11.3 This warranty applies only if the goods have been used for the purposes and under the operating conditions for which they were originally designed and intended by the manufacturer.

11.4 ABS TRAILQUIP shall in no circumstances be held liable for any consequential claims, loss or damage, however arising, caused directly or indirectly by the use of or defects in any goods sold by ABS TRAILQUIP and any warranty claim shall be limited to not exceeding the original invoice cost at which the goods were sold.

11.5 All other warranties, terms and conditions in relation to the state, quality, fitness or suitability of goods for their intended purpose, whether express or implied, are hereby excluded and the Applicant shall remain solely responsible ensuring that the goods are suitable and adequate for their intended use.

11.6 Warranty periods shall be 12 months from the date of sale for new parts (goods) and 6 months from the date of sale for repaired or re-manufactured parts (goods).

11.7 This warranty shall not be transferable and shall ensure for the benefit of the purchaser only.

11.8 Nothing in these conditions shall exclude, restrict or modify any condition, warranty or liability which may at any time be implied by the Trade Practices Act 1974, Sales of Goods legislation or any other law where to do so is illegal or would render any provisions of these conditions void.

11.9 Normal wear and tear is excluded by this warranty.

12. Any delivery estimate, specification, performance statistic, service or other advice which may be offered by ABS TRAILQUIP, its servants or agents to users of its products is rendered in good faith and ABS TRAILQUIP shall not be liable for any loss or damage arising therefore.

13. Prices and other charges and discounts offered are subject to alteration without notice. Should ABS TRAILQUIP SYSTEMS requesting supply on non-current pricing terms receive an order, ABS TRAILQUIP has the right to amend the prices, charges and discounts to reflect prevailing pricing terms. Unless otherwise stated, all prices are ex warehouse. All prices shall be net of and subject to applicable taxes.

14. No order may be cancelled except with consent from ABS TRAILQUIP.

15. If the Applicant is a Trustee, the Directors warrant that they have the authority and power to enter into this agreement and personally guarantee the performance of all the trusts obligations under this agreement.

16. The Applicant acknowledges that ABS TRAILQUIP is entitled to presume that any person purporting to have the authority to bind the Applicant to a contract for the supply and delivery of goods and/or services from ABS TRAILQUIP has the authority they claim.

17. These Terms and Conditions of Sale are additional to any other terms communicated in respect of the sales of goods, and where they are in conflict, these Terms and Conditions of Trading shall prevail.

18. These Terms and Conditions of Trading shall be binding upon the Applicant, its successors, executors, administrators and permitted assigns and shall inure to the benefit of ABS TRAILQUIP, its successors and assigns.

Any dispute or action in relation to these Terms and Conditions of Trading shall be subject to the absolute jurisdiction of the laws of the State of Queensland.