TERMS AND CONDITIONS

1.1 "Nowra 4wd & Outdoor Products" means Nowra 4wd & Outdoor Products Pty Ltd ABN 36 139 590 926, its successors and assigns or any person acting on behalf of and with the authority of. Nowra 4wd & Outdoor Products Pty Ltd ABN 36 139 590 926.

1.2 "Purchaser or Client" means either the person/s buying the Goods (and/or the Client hiring Equipment) as specified in any invoice, document or order, and if there is more than one Purchaser or Client is a reference to each Purchaser or Client jointly and severally.

1.3 "Goods" means all Goods or Services supplied by Nowra 4wd & Outdoor Products to the Purchaser/Client at the Purchaser/Client's request from time to time (where the context so permits the terms 'Goods' or 'Services' shall be interchangeable for the other).

1.4 "Equipment" means all Equipment including any accessories supplied on hire by Nowra 4wd & Outdoor Products to the Purchaser/Client (and where the context so permits shall include any supply of Services). The Equipment shall be as described on the invoices, quotation, authority to hire, or any other work authorisation form provided by Nowra 4wd & Outdoor Products to the Purchaser/Client.

1.5 "Price" means the Price payable for the Goods as agreed between Nowra 4wd & Outdoor Products and the Purchaser/Client in accordance with clause 4 below.


2. Acceptance

2.1 The Purchaser/Client is taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions if the Purchaser/Client places an order for or accepts delivery of the Goods/Equipment.

2.2 These terms and conditions may only be amended with Nowra 4wd & Outdoor Products consent in writing and shall prevail to the extent of any inconsistency with any other document or agreement between the Purchaser/Client and Nowra 4wd & Outdoor Products.


3. Change in Control

3.1 The Purchaser/Client shall give Nowra 4wd & Outdoor Products not less than fourteen (14) days prior written notice of any proposed change of ownership of the Purchaser/Client and/or any other change in the Purchaser/Client's details (including but not limited to, changes in the Purchaser/Client's name, address, contact phone or fax number/s, or business practice). The Purchaser/Client shall be liable for any loss incurred by Nowra 4wd & Outdoor Products as a result of the Purchaser/Client's failure to comply with this clause.


4. Trade-In Vehicles

4.1 The Purchaser/Client hereby warrants that any trade-in vehicle allowed for in this agreement is the Purchaser/Client's absolute property, being clear of all liens and encumbrances. The Purchaser/Client hereby assigns to Nowra 4wd & Outdoor Products all the Purchaser/Client's right title estate and interest in the trade-in vehicle, but notwithstanding such assignment agrees that the trade-in vehicle shall be held at the Purchaser/Client's risk until actual delivery to Nowra 4wd & Outdoor Products.


5. Price and Payment

5.1 At Nowra 4wd & Outdoor Products sole discretion the Price shall be either:

(a) as indicated on any invoice provided by Nowra 4wd & Outdoor Products to the Purchaser/Client; or

(b) the Price as at the date of delivery of the Goods/Equipment according to Nowra 4wd & Outdoor Products current price list; or

(c) Nowra 4wd & Outdoor Products quoted price (subject to clause 5.2 & 5.3) which will be valid for the period stated in the quotation or otherwise for a period of thirty (30) days.

5.2 The total Price is subject to adjustment, but if the adjustment involves an increase the Purchaser/Client shall be entitled to revoke or cancel this agreement by notifying Nowra 4wd & Outdoor Products in writing of his intention to do so within three (3) days of the receipt of such notification by Nowra 4wd & Outdoor Products of such increase.

5.3 Nowra 4wd & Outdoor Products reserves the right to change the Price if a variation to Nowra 4wd & Outdoor Products quotation is requested.

5.4 At Nowra 4wd & Outdoor Products sole discretion a deposit may be required.

5.5 Time for payment for the Goods/Equipment being of the essence, the Price will be payable by the Purchaser/Client on the date/s determined by Nowra 4wd & Outdoor Products, which may be:

(a) before delivery of the Goods/Equipment;

(b) by way of instalments/progress payments in accordance with Nowra 4wd & Outdoor Products payment schedule;

(c) thirty (30) days following the end of the month in which a statement is posted to the Purchaser/Client's address or address for notices;

(d) the date specified on any invoice or other form as being the date for payment; or

(e) failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Purchaser/Client by Nowra 4wd & Outdoor Products.

5.6 Payment may be made by cash, cheque, bank cheque, electronic/on-line banking, credit card (plus a surcharge of up to one percent (1%) of the Price), or by any other method as agreed to between the Purchaser/Client and Nowra 4wd & Outdoor Products.

5.7 Unless otherwise stated the Price does not include GST. In addition to the Price the Purchaser/Client must pay to Nowra 4wd & Outdoor Products an amount equal to any GST Nowra 4wd & Outdoor Products must pay for any supply by Nowra 4wd & Outdoor Products under this or any other agreement for the sale of the Goods/hire of the Equipment. The Purchaser/Client must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Purchaser/Client pays the Price. In addition the Purchaser/Client must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.

6. Delivery of Goods/Equipment

6.1 Delivery ("Delivery") of the Goods/Equipment is taken to occur at the time that:

(a) the Purchaser/Client or the Purchaser/Client's nominated carrier takes possession of the Goods/Equipment at Nowra 4wd & Outdoor Products address; or

(b) Nowra 4wd & Outdoor Products (or Nowra 4wd & Outdoor Products nominated carrier) delivers the Goods/Equipment to the Purchaser/Client's nominated address even if the Purchaser/Client is not present at the address.

6.2 At Nowra 4wd & Outdoor Products sole discretion the cost of delivery is either included in the Price or is in addition to the Price.

6.3 The Purchaser/Client must take delivery by receipt or collection of the Goods/Equipment whenever either is tendered for delivery. In the event that the Purchaser/Client is unable to take delivery of the Goods as arranged then Nowra 4wd & Outdoor Products shall be entitled to charge a reasonable fee for redelivery and/or storage.

6.4 Delivery of the Goods to a third party nominated by the Purchaser/Client is deemed to be delivery to the Purchaser/Client for the purposes of this agreement.

6.5 Any time or date given by Nowra 4wd & Outdoor Products quip to the Purchaser/Client is an estimate only. The Purchaser/Client must still accept delivery of the Goods/Equipment even if late and Nowra 4wd & Outdoor Products will not be liable for any loss or damage incurred by the Purchaser/Client as a result of the delivery being late.

7. Risk

7.1 Risk of damage to or loss of the Goods passes to the Purchaser/Client on Delivery and the Purchaser/Client must insure the Goods on or before Delivery.

7.2 If any of the Goods are damaged or destroyed following delivery but prior to ownership passing to the Purchaser/Client, Nowra 4wd & Outdoor Products is entitled to receive all insurance proceeds payable for the Goods. The production of these terms and conditions by Nowra 4wd & Outdoor Products is sufficient evidence of Nowra 4wd & Outdoor Products rights to receive the insurance proceeds without the need for any person dealing with Nowra 4wd & Outdoor Products to make further enquiries.

7.3 If the Purchaser/Client requests Nowra 4wd & Outdoor Products to leave Goods outside Nowra 4wd & Outdoor Products premises for collection or to deliver the Goods to an unattended location then such Goods shall be left at the Purchaser/Client's sole risk.

7.4 If the Purchaser/Client requests Nowra 4wd & Outdoor Products to transport or drive any vehicle or to transport or carry any goods forming part of the goods to some place other than Nowra 4wd & Outdoor Products address, or to make any employee available for that purpose or for the purpose of tuition instruction or for any other purpose (before or after delivery) the goods shall be at the Purchaser/Client's risk when they leave Nowra 4wd & Outdoor Products address and any employee shall be deemed to be the Purchaser/Client's servant or agent and the Purchaser/Client shall be responsible in all cases for all damage occasioned to the person or property of the third person and to the goods in use or carriage and will indemnify Nowra 4wd & Outdoor Products against all actions, suits, claims and demands in respect thereof.

8. Title To Goods

8.1 Nowra 4wd & Outdoor Products and the Purchaser agree that ownership of the Goods shall not pass until:

(a) the Purchaser has paid Nowra 4wd & Outdoor Products all amounts owing to Nowra 4wd & Outdoor Products; and

(b) the Purchaser has met all of its other obligations to Nowra 4wd & Outdoor Products.

8.2 Receipt by Nowra 4wd & Outdoor Products of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised.

8.3 It is further agreed that:

(a) until ownership of the Goods passes to the Purchaser in accordance with clause 8.1 that the Purchaser is only a bailee of the Goods and must return the Goods to Nowra 4wd & Outdoor Products on request.

(b) the Purchaser holds the benefit of the Purchaser's insurance of the Goods on trust for Nowra 4wd & Outdoor Products and must pay to Nowra 4wd & Outdoor Products the proceeds of any insurance in the event of the Goods being lost, damaged or destroyed.

(c) the Purchaser must not sell, dispose, or otherwise part with possession of the Goods other than in the ordinary course of business and for market value. If the Purchaser sells, disposes or parts with possession of the Goods then the Purchaser must hold the proceeds of any such act on trust for Nowra 4wd & Outdoor Products and must pay or deliver the proceeds to Nowra 4wd & Outdoor Products on demand.

(d) the Purchaser should not convert or process the Goods or intermix them with other goods but if the Purchaser does so then the Purchaser holds the resulting product on trust for the benefit of Nowra 4wd & Outdoor Products and must sell, dispose of or return the resulting product to Nowra 4wd & Outdoor Products as it so directs.

(e) the Purchaser irrevocably authorises Nowra 4wd & Outdoor Products to enter any premises where Nowra 4wd & Outdoor Products believes the Goods are kept and recover possession of the Goods.

(f) Nowra 4wd & Outdoor Products may recover possession of any Goods in transit whether or not delivery has occurred.

(g) the Purchaser shall not charge or grant an encumbrance over the Goods nor grant nor otherwise give away any interest in the Goods while they remain the property of Nowra 4wd & Outdoor Products.

(h) Nowra 4wd & Outdoor Products may commence proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods has not passed to the Purchaser.

9. Personal Property Securities Act 2009 ("PPSA")

9.1 In this clause financing statement, financing change statement, security agreement, and security interest has the meaning given to it by the PPSA.

9.2 Upon assenting to these terms and conditions in writing the Purchaser/Client acknowledges and agrees that these terms and conditions constitute a security agreement for the purposes of the PPSA and creates a security interest in all Goods/Equipment that has previously been supplied and that will be supplied in the future by Nowra 4wd & Outdoor Products to the Purchaser/Client.

9.3 The Purchaser/Client undertakes to:

(a) promptly sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which Nowra 4wd & Outdoor Products may reasonably require to;

(i) register a financing statement or financing change statement in relation to a security interest on the Personal Property Securities Register;

(ii) register any other document required to be registered by the PPSA; or

(iii) correct a defect in a statement referred to in clause 9.3(a)(i) or 9.3(a)(ii);

(b) indemnify, and upon demand reimburse, Nowra 4wd & Outdoor Products for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register established by the PPSA or releasing any Goods/Equipment charged thereby;

(c) not register a financing change statement in respect of a security interest without the prior written consent of Nowra 4wd & Outdoor Products;

(d) not register, or permit to be registered, a financing statement or a financing change statement in relation to the Goods/Equipment in favour of a third party without the prior written consent of Nowra 4wd & Outdoor Products;

(e) immediately advise Nowra 4wd & Outdoor Products of any material change in its business practices of selling Goods which would result in a change in the nature of proceeds derived from such sales.

9.4 Nowra 4wd & Outdoor Products and the Purchaser/Client agree that sections 96, 115 and 125 of the PPSA do not apply to the security agreement created by these terms and conditions.

9.5 The Purchaser/Client waives their rights to receive notices under sections 95, 118, 121(4), 130, 132(3)(d) and 132(4) of the PPSA.

9.6 The Purchaser/Client waives their rights as a grantor and/or a debtor under sections 142 and 143 of the PPSA.

9.7 Unless otherwise agreed to in writing by Nowra 4wd & Outdoor Products, the Purchaser/Client waives their right to receive a verification statement in accordance with section 157 of the PPSA.

9.8 The Purchaser/Client must unconditionally ratify any actions taken by Nowra 4wd & Outdoor Products under clauses 9.3 to 9.5.

9.9 Subject to any express provisions to the contrary nothing in these terms and conditions is intended to have the effect of contracting out of any of the provisions the PPSA.

10. Security and Charge

10.1 In consideration of Nowra 4wd & Outdoor Products agreeing to supply the Goods/Equipment, the Purchaser/Client charges all of its rights, title and interest (whether joint or several) in any land, realty or other assets capable of being charged, owned by the Purchaser/Client either now or in the future, to secure the performance by the Purchaser/Client of its obligations under these terms and conditions (including, but not limited to, the payment of any money).

10.2 The Purchaser/Client indemnifies Nowra 4wd & Outdoor Products from and against all Nowra 4wd & Outdoor Products costs and disbursements including legal costs on a solicitor and own Purchaser/Client basis incurred in exercising Nowra 4wd & Outdoor Products rights under this clause.

10.3 The Purchaser/Client irrevocably appoints Nowra 4wd & Outdoor Products and each director of Nowra 4wd & Outdoor Products as the Purchaser/Client's true and lawful attorney/s to perform all necessary acts to give effect to the provisions of this clause 10 including, but not limited to, signing any document on the Purchaser/Client's behalf.

11. Defects, Warranties and Returns, Competition and Consumer Act 2010 (CCA)

11.1 The Purchaser/Client must inspect the Goods/Equipment on delivery and must within seven (7) days of delivery notify Nowra 4wd & Outdoor Products in writing of any evident defect/damage, shortage in quantity, or failure to comply with the description or quote. The Purchaser/Client must notify any other alleged defect in the Goods/Equipment as soon as reasonably possible after any such defect becomes evident. Upon such notification the Purchaser/Client must allow Nowra 4wd & Outdoor Products to inspect the Goods/Equipment.

11.2 Under applicable State, Territory and Commonwealth Law (including, without limitation the CCA), certain statutory implied guarantees and warranties (including, without limitation the statutory guarantees under the CCA) may be implied into these terms and conditions (Non-Excluded Guarantees).

11.3 Nowra 4wd & Outdoor Products acknowledges that nothing in these terms and conditions purports to modify or exclude the Non-Excluded Guarantees.

11.4 Except as expressly set out in these terms and conditions or in respect of the Non-Excluded Guarantees, Nowra 4wd & Outdoor Products makes no warranties or other representations under these terms and conditions including but not limited to the quality or suitability of the Goods/Equipment. Nowra 4wd & Outdoor Products liability in respect of these warranties is limited to the fullest extent permitted by law.

11.5 If the Purchaser/Client is a consumer within the meaning of the CCA, Nowra 4wd & Outdoor Products liability is limited to the extent permitted by section 64A of Schedule 2.

11.6 If Nowra 4wd & Outdoor Products is required to replace the Goods under this clause or the CCA, but is unable to do so, Nowra 4wd & Outdoor Products may refund any money the Purchaser/Client has paid for the Goods.

11.7 If the Purchaser/Client is not a consumer within the meaning of the CCA, Nowra 4wd & Outdoor Products liability for any defect or damage in the Goods is:

(a) limited to the value of any express warranty or warranty card provided to the Purchaser/Client by Nowra 4wd & Outdoor Products at Nowra 4wd & Outdoor Products sole discretion;

(b) limited to any warranty to which Nowra 4wd & Outdoor Products is entitled, if Nowra 4wd & Outdoor Products did not manufacture the Goods;

(c) otherwise negated absolutely.

11.8 Subject to this clause 11, returns will only be accepted provided that:

(a) the Purchaser/Client has complied with the provisions of clause 11.1; and

(b) Nowra 4wd & Outdoor Products has agreed that the Goods are defective; and

(c) the Goods are returned within a reasonable time at the Purchaser/Client's cost (if that cost is not significant); and

(d) the Goods are returned in as close a condition to that in which they were delivered as is possible.

11.9 Notwithstanding clauses 11.1 to 11.8 but subject to the CCA, Nowra 4wd & Outdoor Products shall not be liable for any defect or damage which may be caused or partly caused by or arise as a result of:

(a) the Purchaser/Client failing to properly maintain or store any Goods/Equipment;

(b) the Purchaser/Client using the Goods/Equipment for any purpose other than that for which they were designed;

(c) the Purchaser/Client continuing the use of the Goods/Equipment after any defect became apparent or should have become apparent to a reasonably prudent operator or user;

(d) the Purchaser/Client failing to follow any instructions or guidelines provided by Nowra 4wd & Outdoor Products;

(e) fair wear and tear, any accident, or act of God.

11.10 In the case of second hand Goods, unless the Purchaser/Client is a consumer under the CCA, the Purchaser/Client acknowledges that it has had full opportunity to inspect the second hand Goods prior to delivery and accepts them with all faults and that to the extent permitted by law no warranty is given by Nowra 4wd & Outdoor Products as to the quality or suitability for any purpose and any implied warranty, statutory or otherwise, is expressly excluded. The Purchaser/Client acknowledges and agrees that Nowra 4wd & Outdoor Products has agreed to provide the Purchaser/Client with the second hand Goods and calculated the Price of the second hand Goods in reliance of this clause 11.10.

11.11 Notwithstanding anything contained in this clause if Nowra 4wd & Outdoor Products is required by a law to accept a return then Nowra 4wd & Outdoor Products will only accept a return on the conditions imposed by that law.

12. Intellectual Property

12.1 Where Nowra 4wd & Outdoor Products has designed, drawn or developed Goods/Equipment for the Purchaser/Client, then the copyright in any designs and drawings and documents shall remain the property of Nowra 4wd & Outdoor Products.

12.2 The Purchaser/Client warrants that all designs, specifications or instructions given to Nowra 4wd & Outdoor Products will not cause Nowra 4wd & Outdoor Products to infringe any patent, registered design or trademark in the execution of the Purchaser/Client's order and the Purchaser/Client agrees to indemnify Nowra 4wd & Outdoor Products against any action taken by a third party against Nowra 4wd & Outdoor Products in respect of any such infringement.

12.3 The Purchaser/Client agrees that Nowra 4wd & Outdoor Products may (at no cost) use for the purposes of marketing or entry into any competition, any documents, designs, drawings or Goods which Nowra 4wd & Outdoor Products has created for the Purchaser/Client.

13. Default and Consequences of Default

13.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at Nowra 4wd & Outdoor Products sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.

13.2 If the Purchaser/Client owes Nowra 4wd & Outdoor Products any money the Purchaser/Client shall indemnify Nowra 4wd & Outdoor Products from and against all costs and disbursements incurred by Nowra 4wd & Outdoor Products in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own Purchaser/Client basis, Nowra 4wd & Outdoor Products collection agency costs, and bank dishonour fees).

13.3 Without prejudice to any other remedies Nowra 4wd & Outdoor Products may have, if at any time the Purchaser/Client is in breach of any obligation (including those relating to payment) under these terms and conditions Nowra 4wd & Outdoor Products may suspend or terminate the supply of Goods/Equipment to the Purchaser/Client. Nowra 4wd & Outdoor Products will not be liable to the Purchaser/Client for any loss or damage the Purchaser/Client suffers because Nowra 4wd & Outdoor Products has exercised its rights under this clause.

13.4 Without prejudice to Nowra 4wd & Outdoor Products other remedies at law Nowra 4wd & Outdoor Products shall be entitled to cancel all or any part of any order of the Purchaser/Client which remains unfulfilled and all amounts owing to Nowra 4wd & Outdoor Products shall, whether or not due for payment, become immediately payable if:

(a) any money payable to Nowra 4wd & Outdoor Products becomes overdue, or in Nowra 4wd & Outdoor Products opinion the Purchaser/Client will be unable to make a payment when it falls due;

(b) the Purchaser/Client becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or

(c) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Purchaser/Client or any asset of the Purchaser/Client.

14. Cancellation

14.1 Nowra 4wd & Outdoor Products may cancel any contract to which these terms and conditions apply or cancel delivery of Goods/Equipment at any time before the Goods/Equipment are due to be delivered by giving written notice to the Purchaser/Client. On giving such notice Nowra 4wd & Outdoor Products shall repay to the Purchaser/Client any money paid by the Purchaser/Client for either the Goods or Equipment hire. Nowra 4wd & Outdoor Products shall not be liable for any loss or damage whatsoever arising from such cancellation.

14.2 In the event that the Purchaser/Client cancels delivery of the Goods/Equipment the Purchaser/Client shall be liable for any and all loss incurred (whether direct or indirect) by Nowra 4wd & Outdoor Products as a direct result of the cancellation (including, but not limited to, any loss of profits).

14.3 Cancellation of orders for Goods made to the Purchaser/Client's specifications, or for non-stocklist items, will definitely not be accepted once production has commenced, or an order has been placed.

15. Privacy Act 1988

15.1 The Purchaser/Client agrees for Nowra 4wd & Outdoor Products to obtain from a credit reporting agency a credit report containing personal credit information about the Purchaser/Client in relation to credit provided by Nowra 4wd & Outdoor Products.

15.2 The Purchaser/Client agrees that Nowra 4wd & Outdoor Products may exchange information about the Purchaser/Client with those credit providers either named as trade referees by the Purchaser/Client or named in a consumer credit report issued by a credit reporting agency for the following purposes:

(a) to assess an application by the Purchaser/Client; and/or

(b) to notify other credit providers of a default by the Purchaser/Client; and/or

(c) to exchange information with other credit providers as to the status of this credit account, where the Purchaser/Client is in default with other credit providers; and/or

(d) to assess the creditworthiness of the Purchaser/Client.

The Purchaser/Client understands that the information exchanged can include anything about the Purchaser/Client's creditworthiness, credit standing, credit history or credit capacity that credit providers are allowed to exchange under the Privacy Act 1988.

15.3 The Purchaser/Client consents to Nowra 4wd & Outdoor Products being given a consumer credit report to collect overdue payment on commercial credit (Section 18K(1)(h) Privacy Act 1988).

15.4 The Purchaser/Client agrees that personal credit information provided may be used and retained by Nowra 4wd & Outdoor Products for the following purposes (and for other purposes as shall be agreed between the Purchaser/Client and Nowra 4wd & Outdoor Products or required by law from time to time):

(a) the provision of Goods/Equipment; and/or

(b) the marketing of Goods/Equipment by Nowra 4wd & Outdoor Products, its agents or distributors; and/or

(c) analysing, verifying and/or checking the Purchaser/Client's credit, payment and/or status in relation to the provision of Goods/Equipment; and/or

(d) processing of any payment instructions, direct debit facilities and/or credit facilities requested by the Purchaser/Client; and/or

(e) enabling the daily operation of Purchaser/Client's account and/or the collection of amounts outstanding in the Purchaser/Client's account in relation to the Goods/Equipment.

15.5 Nowra 4wd & Outdoor Products may give information about the Purchaser/Client to a credit reporting agency for the following purposes:

(a) to obtain a consumer credit report about the Purchaser/Client;

(b) allow the credit reporting agency to create or maintain a credit information file containing information about the Purchaser/Client.

15.6 The information given to the credit reporting agency may include:

(a) personal particulars (the Purchaser/Client's name, sex, address, previous addresses, date of birth, name of employer and driver's licence number);

(b) details concerning the Purchaser/Client's application for credit or commercial credit and the amount requested;

(c) advice that Nowra 4wd & Outdoor Products is a current credit provider to the Purchaser/Client;

(d) advice of any overdue accounts, loan repayments, and/or any outstanding monies owing which are overdue by more than sixty (60) days, and for which debt collection action has been started;

(e) that the Purchaser/Client's overdue accounts, loan repayments and/or any outstanding monies are no longer overdue in respect of any default that has been listed;

(f) information that, in the opinion of Nowra 4wd & Outdoor Products, the Purchaser/Client has committed a serious credit infringement (that is, fraudulently or shown an intention not to comply with the Purchaser/Client's credit obligations);

(g) advice that cheques drawn by the Purchaser/Client for one hundred dollars ($100) or more, have been dishonoured more than once;

(h) that credit provided to the Purchaser/Client by Nowra 4wd & Outdoor Products has been paid or otherwise discharged.

16. UnpaidNowra 4wd & Outdoor Products Rights

16.1 Where the Purchaser/Client has left any item with Nowra 4wd & Outdoor Products for repair, modification, exchange or for Nowra 4wd & Outdoor Products to perform any other service in relation to the item and Nowra 4wd & Outdoor Products has not received or been tendered the whole of any moneys owing to it by the Purchaser/Client, Nowra 4wd & Outdoor Products shall have, until all moneys owing to Nowra 4wd & Outdoor Products are paid:

(a) a lien on the item; and

(b) the right to retain or sell the item, such sale to be undertaken in accordance with any legislation applicable to the sale or disposal of uncollected goods.

16.2 The lien of Nowra 4wd & Outdoor Products shall continue despite the commencement of proceedings, or judgment for any moneys owing to Nowra 4wd & Outdoor Products having been obtained against the Purchaser/Client.

17. Equipment Hire

17.1 Equipment shall at all times remain the property of Nowra 4wd & Outdoor Products and is returnable on demand by Nowra 4wd & Outdoor Products. In the event that Equipment is not returned to Nowra 4wd & Outdoor Products in the condition in which it was delivered Nowra 4wd & Outdoor Products retains the right to charge the Client the full cost of repairing the Equipment. In the event that Equipment is not returned at all Nowra 4wd & Outdoor Products shall have right to charge the Client the full cost of replacing the Equipment.

17.2 The Client shall;

(a) keep the Equipment in their own possession and control and shall not assign the benefit of the Equipment nor be entitled to a lien over the Equipment.

(b) not alter or make any additions to the Equipment including but without limitation altering, make any additions to, defacing or erasing any identifying mark, plate or number on or in the Equipment or in any other manner interfere with the Equipment.

(c) keep the Equipment, complete with all parts and accessories, clean and in good order as delivered, and shall comply with any maintenance schedule as advised by Nowra 4wd & Outdoor Products to the Client.

17.3 The Client accepts full responsibility for the safekeeping of the Equipment and the Client agrees to insure, or self insure, Nowra 4wd & Outdoor Products interest in the Equipment and agrees to indemnify Nowra 4wd & Outdoor Products against physical loss or damage including, but not limited to, the perils of accident, fire, theft and burglary and all other usual risks and will effect adequate Public Liability Insurance covering any loss, damage or injury to property or persons arising out of the use of the Equipment. Further the Client will not use the Equipment nor permit it to be used in such a manner as would permit an insurer to decline any claim.

18. General

18.1 The failure by Nowra 4wd & Outdoor Products to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect Nowra 4wd & Outdoor Products right to subsequently enforce that provision. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.

18.2 These terms and conditions and any contract to which they apply shall be governed by the laws of the state in which Nowra 4wd & Outdoor Products has its principal place of business, and are subject to the jurisdiction of the courts in that state.

18.3 Subject to clause 11 Nowra 4wd & Outdoor Products shall be under no liability whatsoever to the Client for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the Client arising out of a breach by Nowra 4wd & Outdoor Products of these terms and conditions (alternatively Nowra 4wd & Outdoor Products liability shall be limited to damages which under no circumstances shall exceed the Price of the Goods/Equipment hire).

18.4 The Client shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Client by Nowra 4wd & Outdoor Products nor to withhold payment of any invoice because part of that invoice is in dispute.

18.5 Nowra 4wd & Outdoor Products may license or sub-contract all or any part of its rights and obligations without the Client's consent.

18.6 The Client agrees that Nowra 4wd & Outdoor Products may amend these terms and conditions at any time. If Nowra 4wd & Outdoor Products makes a change to these terms and conditions, then that change will take effect from the date on which Nowra 4wd & Outdoor Products notifies the Client of such change. The Client will be taken to have accepted such changes if the Client makes a further request for Nowra 4wd & Outdoor Products to provide Goods/Equipment to the Client.

18.7 Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the reasonable control of either party.

18.8 The Client warrants that it has the power to enter into this agreement and has obtained all necessary authorisations to allow it to do so, it is not insolvent and that this agreement creates binding and valid legal obligations on it.