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E-mail:	sales@a1rubber.com
Phone:	61 7 3807 3666
Fax:	61 7 3807 2344
Postal:	A1 Rubber PO Box 6278 Yatala QLD 4207 (Australia)

Terms of Sale

1.    Definitions
1.1    "Terms and Conditions" means the terms and conditions set out below.
1.2    "Manufacturer" shall mean A1 Rubber Pty Ltd [ABN 92 095 559 130] and its successors, assigns or related entities or any person or distributor acting on behalf of and with the authority of A1 Rubber Pty Ltd.
1.3    "Customer" shall mean the Customer or any person acting on behalf of and with the authority of the Customer.
1.4    "Guarantor" means that person (or persons), or entity, who agrees to be liable for the debts of the Customer on a principal debtor basis.
1.5    "Goods" shall mean Goods supplied by the Manufacturer to the Customer (and where the context so permits shall include any supply of Services as hereinafter defined) and are as described on the invoices, quotation, work authorisation or any other forms as provided by the Manufacturer to the Customer
1.6    "Services" shall mean all services supplied by the Manufacturer to the Customer and includes any advice or recommendations (and where the context so permits shall include any supply of Goods as defined above).
1.7    "Price" shall mean the cost of the Goods as agreed between the Manufacturer and the Customer subject to clause 3 of these Terms and Conditions.
1.8    "Consumer" has the meaning defined in Section 3 of the Competition and Consumer Act 2010.
1.9    The headings used in these Terms and Conditions do not form part of these Terms and Conditions and are for convenience only.
1.10    Where the context admits or requires, words importing the singular shall include the plural, those denoting a given gender shall include all other genders and those denoting natural persons shall include corporations.
2.    Acceptance
2.1    Any instructions received by the Manufacturer from or on behalf of the Customer for the supply of Goods and/or the Customer's acceptance of Goods supplied by the Manufacturer shall constitute acceptance of the Terms and Conditions.
2.2    Where more than one Customer has requested the supply of Goods and Services from the Manufacturer the Customers shall be jointly and severally liable for all payments of the Price.
2.3    Unless agreed to in writing by the Manufacturer, any variation of these Terms and Conditions, including any terms and conditions of the Customer's order deviating from or inconsistent with these Terms and Conditions, is rejected by the Manufacturer.
2.4    The Customer undertakes to give the Manufacturer at least fourteen (14) days notice of any change in the Customer's name, address and/or any other change in the Customer's details.
3.    General
3.1    The Manufacturer may vary these Terms and Conditions by a notice of variation in writing to the Customer in accordance with clause 25.2 of these Terms and Conditions. The Customer agrees that the purchase of any Goods or Services after the date of a notice of variation will be deemed to be an acceptance of such varied Terms and Conditions by the Customer.
3.2    Should there be any variation to any of the information supplied by the Customer to the Manufacturer in the credit account application or in the structure or nature of the Customer's business (such as a conversion to or from a Company or trust) the Customer shall give written notice to the Manufacturer in within 7 days of such variation in accordance with clause 25.1 of these Terms and Conditions.
3.3    These Terms and Conditions and all obligations hereunder shall be binding on the Customer's personal representatives, successors and permitted assigns and shall be for the benefit of the Manufacturer's successors and assigns.
3.4    Where the Customer is comprised of the names of two or more persons then each person is jointly and severally liable to pay all monies owed by the Customer to the Manufacturer.
3.5    Where there is any inconsistency between these Terms and Conditions (including any updated versions of these Terms and Conditions) and any subsequent agreement with the Customer for the supply of Goods or Services by the Manufacturer, then such subsequent agreement shall only prevail to the extent that it is inconsistent with these Terms and Conditions (including any updated versions of these Terms and Conditions).
3.6    The waiver of any of these Terms and Conditions by the Manufacturer shall not be construed as a continuing waiver of that term or condition and the Manufacturer shall be entitled to require compliance with all of these Terms and Conditions at any time.
4.    Account Terms
4.1    The Manufacturer may in its absolute discretion refuse the Customer credit facilities or suspend or discontinue the supply of Goods and Services to the Customer or to increase or vary the Customer's credit limit at any time without any obligation to provide to the Customer or the Customer's guarantors, a reason for such action.
4.2    All Goods or Services delivered to the Customer by the Manufacturer in any calendar month must be paid for in full by the Customer on or before the Manufacturer's last trading day in the month following the month in which the Goods or Services were delivered or provided ("the Due Date").
4.3    If the Customer fails to make full payment by the Due Date interest will be charged at a rate which is 2.5% per month calculated on daily balances on monies owed by the Customer to the Manufacturer both before and (as a separate and independent obligation) after any judgment.
4.4    The Customer will pay the Manufacturer for any and all of the Manufacturer's expenses including but not limited to any legal costs (on an indemnity basis), stamp duties and other expenses payable under these Terms and Conditions together with any collection costs or dishonoured cheque fees incurred in connection with the enforcement of, or the preservation of any rights under these Terms and Conditions. Such costs, duties and other expenses as well as interest payable pursuant to clause 4.3 may be recovered as a liquidated debt.
4.5    Any payments received by the Manufacturer from the Customer shall be applied first to any costs, duty, commission or other expenses referred to in 4.4, then to interest and then to the remainder of monies outstanding.
4.6    The Customer shall not deduct any amount from the amount due on any Manufacturer invoice or statement. The Customer shall not make any claim on the Manufacturer if any amounts are outstanding from the Customer to the Manufacturer. The Customer is not entitled to set off any amounts against its outstanding debts to the Manufacturer.
5.    Trust and Trustees
Where the Customer is a trustee of any trust:-
(a)    The Customer agrees to produce immediately to the Manufacturer a stamped copy of the trust deed (including all amendments) upon written notice from the Manufacturer in accordance with clause 25.2 of these Terms and Conditions.
(b)    The Customer warrants that it has full power and authority to enter into these Terms and Conditions on behalf of the trust and that it shall be bound by these Terms and Conditions both personally and as trustee and clause 20 extends to any land held by the Customer as trustee.
6.    Price And Payment
6.1    At the Manufacturer's sole discretion the Price shall be as indicated on invoices provided by the Manufacturer to the Customer in respect of Goods supplied.
6.2    The Manufacturer reserves the right to change the Price in the event of a variation to the Manufacturer's quotation.
6.3    At the Manufacturer's sole discretion a deposit may be required.
6.4    Time for payment for the Goods shall be of the essence and will be stated on the invoice or any other forms. If no time is stated then payment shall be due thirty (30) days following the end of the month in which a statement is posted to the Customer's address or address for notices.
6.5    At the Manufacturer's sole discretion payment shall be due before delivery of the Goods
6.6    Payment will be made by cash, or by cheque, or by bank cheque, or by credit card, or by direct credit, or by any other method as agreed to between the Customer and the Manufacturer.
7.    GST
7.1    In this clause the expressions "GST", "input tax credit", "tax invoice", "recipient" and "taxable supply" have the meanings given to those expressions in the New Tax System, (Goods and Services Tax) Act 1999.
7.2    With the exception of any amount payable under this clause 12, unless otherwise expressly stated all amounts stated to be payable by the Customer under these Terms and Conditions are exclusive of GST.
7.3    If GST is imposed on any supply made under or in accordance with these Terms and Conditions, the recipient of the taxable supply must pay to the Manufacturer an additional amount equal to the GST payable on or for the taxable supply. Payment of the additional amount will be made at the same time as payment for the taxable supply is required to be made in accordance with this document, subject to the provision of a tax invoice.
8.    Additional Charges
The following are not included in the price of Goods and Services of the Manufacturer and are payable by the Customer:-
8.1    Delivery and insurance charges;
8.2    Any sales, goods and services or consumption taxes, stamp duty and any other taxes, fees or other government levies or charges which may be imposed with respect to these Terms and Conditions, or the Goods or Services but excluding any income tax payable by the Manufacturer on its own income.
9.    Evidence of Monies Payable
9.1    A statement in writing signed by any director, secretary, administration manager or credit manager of the Manufacturer stating the balance of the monies due to the Manufacturer by the Customer shall be prima facie evidence of the amount of indebtedness of the Customer to the Manufacturer at the date of that statement.
10.    Credit Limit
10.1    Any credit limit is solely for the benefit of the Manufacturer.
10.2    The obligations of the Customer under these Terms and Conditions remain unchanged if the credit limit is exceeded or not specified at any time.
11.    Delivery Of Goods
11.1    Delivery dates are estimates only, the Manufacturer will notify the Customer when the Goods are available for delivery.
11.2    At the Manufacturer's sole discretion delivery of the Goods shall take place when;
(a)    the Customer takes possession of the Goods     at the Manufacturer's
address; or
(b)    the Customer takes possession of the Goods at the Customer's address (in the event that the Goods are delivered by the Seller or the Seller's nominated carrier); or
(c)    the Customer's nominated carrier takes possession of the Goods in which event the Carrier shall be deemed to be the Customer's agent.
11.3    At the Manufacturer's sole discretion the costs of delivery are;
(a)    included in the Price, or
(b)    in addition to the Price, or
(c)    for the Customer's account.
11.4    Delivery of the Goods to a third party nominated by the Customer is deemed to be delivery to the Customer for the purposes of this agreement.
11.5    The Manufacturer may deliver the Goods by separate instalments. Each separate instalment shall be invoiced and paid for in accordance with the provisions in these Terms and Conditions.
11.6    The Customer shall take delivery of the Goods tendered notwithstanding that the quantity so delivered shall be either greater or less than the quantity purchased provided that;
(a)    such discrepancy in quantity shall not exceed     5%, and
(b)    the Price shall be adjusted pro rata to the discrepancy.
11.7    The failure of the Manufacturer to deliver shall not entitle either party to treat this contract as repudiated.
11.8    The Manufacturer shall not be liable for any loss or damage whatever due to failure by the Manufacturer to deliver the Goods (or any of them) promptly or at all.
12.    Force Majeure
The Manufacturer shall not be liable for any delay or for the consequences of any delay in performing or failure to perform any of its obligations under these Terms and Conditions if such delay is due in full or in part to any cause whatsoever beyond its reasonable control. Such delay or failure shall not constitute a breach of these Terms and Conditions and the Manufacturer shall be entitled at its option to either extend the time for delivery or performance for a reasonable period or to determine the contract without any recourse by the Customer to any claim for damages.
13.    Client Specification/Special Orders/Intellectual Property
If any Goods are manufactured by the Manufacturer to the design or specification of the Customer, the Customer warrants to the Manufacturer that any drawings, plans, specifications and other design information provided to the Manufacturer for the manufacture of such Goods are accurate and correct in all respects and do not infringe upon the intellectual property rights of any third party including any copyright, patents, designs or trademarks of the third party.
14.    Risk And Property In Goods
14.1    For the purposes of the Personal Property Securities Act 2009 (Cth) (as amended from time to time) ("the PPSA") in this clause "the Goods" means any and all present and after acquired Goods supplied by the Manufacturer to the Customer. The Goods shall be entirely at the risk (including loss, damage or deterioration) of the Customer from the time of delivery of the Goods. The Customer acknowledges that the title in all Goods ordered, delivered or agreed to be sold remains with the Manufacturer and shall not pass until payment in full of the purchase price of such Goods (including freight, handling and all other charges levied) is made by the Customer.
    Until such monies have been paid:-
    (A) the relationship between the Manufacturer and the Customer is fiduciary and the Customer holds the Goods as bailee for the Manufacturer;
    (B) the Customer must not resell, encumber or dispose of the Goods in its possession;
    (C) the Customer must store the Goods separately and shall not mix the Goods with or attach them to other materials or otherwise make them unable to be returned to the Manufacturer in their original state;
    (D) the Customer agrees that if, in breach of this clause, the Goods are incorporated with Goods of the Customer, the resultant product shall become and be deemed to be the sole property of the Manufacturer;
    (E) the Customer agrees that if, in breach of this clause, the Goods are incorporated in any way with the property of a party other than the Customer, the resultant product shall become and be deemed to be owned in common by the Manufacturer with that other party (or parties) on a pro-rata basis to be calculated by reference to the cost to the Customer of the incorporated materials;
    (F)the Customer must hold any proceeds (as that term is defined in the PPSA) of any resale, disposal or other dealing with the Goods or any product incorporating the Goods (including sale or supply to a party other than the Customer) in breach of this clause in trust for the Manufacturer and shall pay the proceeds into a separate fiduciary account to be held in trust for the Manufacturer until accounted for to the Manufacturer at the demand of the Manufacturer. The Customer authorises the Manufacturer or its servants or agents to enter upon the Customer's premises to recover its Goods without being liable for trespass for such action.
14.2    To avoid any doubt, for the purposes of the PPSA, it is the intention of the Manufacturer and the Customer by clause 4 of these Terms and Conditions that there is created for the benefit of the Manufacturer a Purchase Monies Security Interest in the Goods.
14.3    The Customer agrees that the Manufacturer may register any personal property security interest created by these Terms and Conditions of Sale on the Personal Property Securities Register and the Customer waives its rights to receive a verification statement (as that term is defined in the PPSA) in respect of any financing statement or financing change statement (as those terms are defined in the PPSA) registered by the Manufacturer in respect of any personal property of the Customer. The parties agree that, insofar as the provisions of Chapter 4 of the PPSA are for the benefit of the Customer or place an obligation on the Manufacturer, those provisions will apply only to the extent that they cannot be contracted out of or to the extent that the Manufacturer otherwise agrees in writing.
14.4    If any of the Goods are damaged or destroyed following delivery but prior to ownership passing to the Customer, the Manufacturer is entitled to receive all insurance proceeds payable for the Goods. The production of these Terms and Conditions by the Manufacturer is sufficient evidence of the Manufacturer's rights to receive the insurance proceeds without the need for any person dealing with the Manufacturer to make further enquiries.
15.    Insurance
15.1    The Customer shall insure the Goods against theft or any damage until such Goods have been paid for or until they are sold by the Customer which ever occurs first and the Manufacturer will be entitled to call for details of the insurance policy. If the Customer does not insure the Goods or fails to supply the details of its insurance policy the Customer will reimburse the Manufacturer for the costs of any insurance which the Manufacturer may reasonably arrange in respect of the Goods supplied to the Customer
16.    Customer's Disclaimer
16.1    The Customer hereby disclaims any right to rescind, or cancel any order with the Manufacturer or to sue for damages or to claim restitution arising out of any misrepresentation made to the Customer by the Manufacturer and the Customer acknowledges that the Goods are bought relying solely upon the Customer's skill and judgement.
17.    Defects
17.1    The Customer shall inspect the Goods on delivery and shall within seven (7) days notify the Manufacturer of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote by giving written notice in accordance with clause 25.1 of these Terms and Conditions and in addition providing the Manufacturer with photographic evidence of any such allegation.
17.2    The Customer agrees to keep the Goods referred to in any notice given under this clause and clause 25.1 of these Terms and Conditions (and in the case of shortages the remainder of the Goods delivered) in the condition in which they are delivered until the Manufacturer has inspected them.
17.3    The Customer shall afford the Manufacturer an opportunity to inspect the Goods within a reasonable time following delivery if the Customer believes the Goods are defective in any way.
17.4    If the Customer shall fail to comply with these provisions the Goods shall be presumed to be free from any defect or damage.
17.5    For defective Goods, which the Manufacturer has agreed in writing that the Customer is entitled to reject, the Manufacturer's liability is limited to either (at the Manufacturer's discretion) replacing the Goods or repairing the Goods.
17.6    Goods are taken to be as ordered if:-
(a)    The Customer does not give the notice referred to in this clause and clause 25.1 of these Terms and Conditions; or
(b)    The Goods referred to in a notice are used or damaged after delivery.
17.7    If the Manufacturer delivers less than the full quantity of Goods the Customer may not reject those Goods delivered.
17.8    If the Manufacturer delivers extra or different Goods the Customer may reject only the extra or different Goods.
18.    Returns
18.1    Returns will only be accepted provided that:
(a)    the Customer has complied with the provisions of clause 8.1; and
(b)    the Manufacturer has agreed in writing to accept the return of the Goods; and
(c)    the Goods are returned at the Customer's cost within seven (7) days of the invoice date; and
(d)    the Manufacturer will not be liable for Goods which have not been stored or used in a proper manner; and
(e)    the Goods are returned in the condition in which they were delivered and with all packaging material, brochures and instruction material in as new condition as is reasonably possible in the circumstances.
18.2    The Manufacturer may (in its discretion) accept the return of Goods for credit but this may incur a handling fee of 20% of the value of the returned Goods plus any freight.
18.3    The following Goods cannot be returned to the Manufacturer by the Customer for credit:-
(a)    Goods are specifically made, modified or imported for the Customer;
(b)    Goods altered or damaged by the Customer.
19.    Warranty
19.1    The Manufacturer, A1 Rubber Pty Ltd of PO Box 6278, Yatala QLD 4207 telephone 07 3807 3666 and fax 07 3807 2344 warrants the quality of the Goods subject to the following conditions:
(a)    Such warranty shall be to repair or replace all Goods or part of Goods which shall have been manufactured by the Manufacturer and shall within 3 years (3) after the date of delivery be defective either because of faulty manufacturing workmanship or the use of defective material on the Manufacturer's part.
(b)    No liability on the Manufacturer's part shall arise hereunder unless within three (3) working days after discovery of the defect the Customer submits to the Manufacturer written notice in accordance with clause 25.1 of these Terms and Conditions which includes pictures describing and showing the alleged defect and such notice is received by the Manufacturer within 3 years (3) after the date of delivery. A defect in workmanship or material of any part of the Goods shall not alone condemn the entire Goods installed.
(c)    The Manufacturer shall be entitled by its workmen, servants or agents to enter on the Customers' premises to inspect the alleged defective Goods.
(d)    The cost of the inspection and labour associated with the removal and replacement of any defective Goods (including the cost of travel and accommodation) shall be the responsibility of and at the expense of the Customer until it is verified by the Manufacturer to be a warranty claim at which time these expenses shall be the responsibility of and at the expense of the Manufacturer.
(e)    Any liability on the Manufacturer's part shall be conditional on the Goods having been installed with the Manufacturer's specified binders, sealers and adhesives and as per the Manufacturer's Installation Guide for both the Goods and the binder, sealer and adhesive application by competent experienced trades people and having since the date of delivery/installation been properly used, maintained and serviced in accordance with the Manufacturer's care and maintenance manual and properly used for the purpose intended and no repairs, alterations thereon having been carried out without the Manufacturer's written consent.
(f)    The supply of CSBR™ and EPDM Goods to a Customer are sold subject to the weather and UV rating tables and Technical Data Sheets.
(g)    The warranty shall not cover any defect or damage which may be caused or partly caused by or arise through:
(i)    normal wear and tear (more than 2mm consumed per year) during the warranty period; or,
(ii)    compressive loads or shear loads in excess of the Goods maximum load capacity; or,
(iii)    adhesive failure due to unsuitable sub-surfaces or deteriorating sub-surfaces or sub-surfaces that have not been prepared in accordance with the Manufacturer's Installation Guide or good tradesman-like or common surface preparation manners or with the required application skills; or,
(iv)    product that has been installed by un-tradesman-like installers or persons unskilled in the installation of the Manufacturers Goods; or,
(v)    natural disasters including but not limited to fire, floods, lightening, earthquakes, hail or hurricane; or,
(vi)    acts of negligence, accidents of misuse, including but not limited to, vandalism, civil disobedience, or acts of war; or,
(vii)    acids or harmful chemicals and the like being brought into contact with the Goods; or,
(viii)    discolouration, yellowing, whitening or fading due to natural or extreme or man made conditions and the limitations of the pigments including but not limited to ultraviolet damage and normal abrasion from pedestrian and other traffic; or,
(ix)    any rubber tile or roll product that contracts or expands in size due to temperature variations that differ from the installation temperature or from the Goods not being given enough time to settle, relax or acclimatise after unpacking, rolling out and shipping in accordance with the installation guide; or,
(x)    degradation through ozone, mould or U.V. exposure causing carbon black to be exposed on the surface which rubs off with skin contact; or,
(xi)    failure to properly maintain the Goods (evidenced by factors including, but not limited to detridal material such as loose sand, bark, dust and the like being found in the Goods).
(xii)    in respect of any commercial flooring from the Manufacturer:
(a)    any minor flaw or chatter mark;
(b)    any batch colour variation or distribution of colour.
(xiii)    in respect of CSBR™ and EPDM Goods any wear and tear, discolouration, yellowing, whitening or fading;
(xiv)    any discoloration of flooring sealings.
(h)    This warranty is in addition to other rights and remedies under Australian Consumer Law.
(i)    If the Customer is a Consumer the Goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Goods repaired or replaced if the Goods fail to be of acceptable quality and the failure does not amount to a major failure.
(j)    In the case of Goods not manufactured by the Manufacturer its warranty to the Customer hereunder shall be the same as any warranty given to the Manufacturer by the manufacturer to it of such Goods provided always that the Manufacturer shall not be liable for any greater expense than the amount which it shall actually recover from the manufacturer under any warranty given by it and the Manufacturer shall be under no liability other than the foregoing in respect of Goods not manufactured by it.
(k)    This warranty is in substitution for and excludes all expressed or implied (whether by statute or otherwise) conditions, warranties or obligations of any kind relating to fitness for purpose or quality of workmanship, material or design, save to the extent that any statute prevents such exclusion.
19.2    In the event that the Manufacturer is liable to the Customer under this warranty for any warranty so given, the Manufacturer's liability is limited to repairing or replacing the Goods or part of the Goods that do not comply with such warranty and in no case shall the Manufacturer be liable for consequential loss or costs any greater than the Price of the Goods or part thereof that does not so comply.
19.3    The Customer does not rely on any representation, warranty or other term made by or on behalf of the Manufacturer which is not set out in these Terms and Conditions and the Manufacturer is not liable for any damage, economic loss or loss of profits whether direct, indirect, general, special or consequential arising out of a breach of an implied or expressed term or suffered as a result for negligence of the Manufacturer or its employers or agents, apart from liability as set out in this clause 19.
19.4    All terms which would otherwise be implied are excluded (in the case of any terms that would be implied or incorporated by statute, any such terms are excluded to the extent that they are able to be excluded) except if stated in these Terms and Conditions.
20.    Security & Charge
20.1    To secure payment of all monies which are or may become payable by the Customer to the Manufacturer under these Terms and Conditions the Customer (or where the Customer is comprised of two or more persons then each person jointly and severally) hereby charges as beneficial owner and as trustee of any trust, in favour of the Manufacturer all the Customer's right, title and interest in land (held now or in the future) with the due payment of all of those monies and the Customer acknowledges that the Manufacturer may register a caveat or caveats over the Customer's land in respect of this charge.
20.2    Upon demand by the Manufacturer, the Customer agrees to immediately execute a mortgage or other instrument in terms satisfactory to the Manufacturer to further secure the Customer's indebtedness to the Manufacturer.
20.3    Should the Customer fail within a reasonable time of such demand to execute such mortgage or other instrument then the Customer appoints irrevocably the credit manager or a duly authorised officer of the Manufacturer to be the Customer's lawful attorney to execute any such mortgage or other instrument.
21.    Cancellation
21.1    The Manufacturer may cancel these Terms and Conditions or cancel delivery of Goods at any time before the Goods are delivered by giving notice in writing in accordance with clause 25.2. On giving such notice the Manufacturer shall repay to the Customer any sums paid in respect of the Price. The Manufacturer shall not be liable for any loss or damage whatever arising from such cancellation.
21.2    In the event that the Customer cancels delivery of Goods the Customer shall be liable for any loss incurred by the Manufacturer (including, but not limited to, any loss of profits) up to the time of cancellation. Any notice or cancellation of delivery of Goods by the Customer must be in accordance with clause 25.1 of these Terms and Conditions.
22.    Privacy Act 1988
22.1    The Customer and/or the Guarantor/s agree for the Manufacturer to obtain from a credit reporting agency a credit report containing personal credit information about the Customer and Guarantor/s in relation to credit provided by the Manufacturer.
22.2    The Customer and/or the Guarantor/s agree that the Manufacturer may exchange information about the Customer and the Guarantor/s with those credit providers either named as trade referees by the Customer or named in a consumer credit report issued by a credit reporting agency for the following purposes:
(a)    to assess an application by Customer; and/or
(b)    to notify other credit providers of a default by the Customer; and/or
(c)    to exchange information with other credit providers as to the status of this credit account, where the Customer is in default with other credit providers; and/or
(d)    to assess the credit worthiness of Customer and/or Guarantor/s.
22.3    The Customer consents to the Manufacturer being given a consumer credit report to collect overdue payment on commercial credit (Section 18K(1)(h) Privacy Act 1988).
22.4    The Customer agrees that personal credit information provided may be used and retained by the Manufacturer for the following purposes and for other purposes as shall be agreed between the Customer and Manufacturer or required by law from time to time:
(a)    provision of Goods; and/or
(b)    marketing of Goods by the Manufacturer, its agents or distributors in relation to the Goods; and/or
(c)    analysing, verifying and/or checking the Customer's credit, payment and/or status in relation to provision of Goods; and/or
(d)    processing of any payment instructions, direct debit facilities and/or credit facilities requested by Customer; and/or
(e)    enabling the daily operation of Customer's account and/or the collection of amounts outstanding in the Customer's account in relation to the Goods.
22.5    The Manufacturer may give information about the Customer to a credit reporting agency for the following purposes:
(a)    to obtain a consumer credit report about the Customer; and/or
(b)    allow the credit reporting agency to create or maintain a credit information file containing information about the Customer.
23.    Unpaid Manufacturer's Rights
23.1    Where the Customer has left any item with Manufacturer for repair, modification, exchange or for the Manufacturer to perform any other Service in relation to the Goods and Manufacturer has not received or been tendered the whole of the Price, or the payment has been dishonoured, the Manufacturer shall have:
(a)    a lien on the Goods;
(b)    the right to retain the item for the Price while the Manufacturer is in possession of the Goods;
(c)    a right to sell the Goods,
23.2    The lien of the Manufacturer shall continue despite the commencement of proceedings, or judgement for the Price having been obtained.
24.    Enforceability and Jurisdiction
24.1    In the event that the whole or any part or parts of any clause in these Terms and Conditions are found to be unenforceable by a Court then such clause or part thereof shall be to that extent severed from these Terms and Conditions without effect to the validity and enforceability of the remainder of these Terms and Conditions.
24.2    If any provision of these Terms and Conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining Terms and Conditions shall not be affected, prejudiced or impaired.
24.3    These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Queensland. The parties submit to the exclusive jurisdiction of the Courts in Brisbane.
24.4    The parties agree that proceedings may be commenced in any court in Brisbane and consent to that court having jurisdiction by virtue of this Clause notwithstanding that the court would not have such jurisdiction without this consent.
24.5    The Manufacturer shall be under no liability whatever to the Customer for any indirect loss and/or expense (including loss of profit) suffered by the Customer arising out of a breach by the Manufacturer of these Terms and Conditions.
24.6    In the event of any breach of these Terms and Conditions by the Manufacturer the remedies of the Customer shall be limited to damages. Under no circumstances shall the liability of the Manufacturer exceed the Price of the Goods.
24.7    The Customer shall not be entitled to set off against or deduct from the Price any sums owed or claimed to be owed to the Customer by the Manufacturer.
24.8    The Manufacturer may license, sub-contract or assign all or any part of its rights and obligations without the Customer's consent.
24.9    The Manufacturer reserves the right to review these Terms and Conditions at any time. If, following any such review, there is to be any change to these Terms and Conditions, then that change will take effect from the date on which the Manufacturer notifies the Customer of such change.
24.10    Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock out, industrial action, fire, flood, drought, storm or other event beyond the reasonable control of either party.
25.    Notices and Manufacturer's invoices
25.1    Notice required to be given by the Customer to the Manufacturer pursuant to these Terms and Conditions may be by the following means:
a)    delivered personally to the Manufacturer at 34 Binary Street, Yatala, Queensland 4207;
b)    or sent by post to the credit manager of the Manufacturer at the Manufacturer's postal address at PO Box 6278, Yatala, Queensland 4207;
c)    or via email transmission to admin@a1rubber.com
d)    or by fax to 07 3807 2344
and unless the contrary is proved notice shall be taken as delivered when received by the Manufacturer.
25.2    If required in these Terms and Conditions notice is to be given by the Manufacturer to the Customer by delivering personally, sending by post, by facsimile transmission or email transmission to the Customer's last known address or contact details and notice shall be taken, if sent by ordinary post, as delivered on the second business day following posting. If notice is sent to a customer by personal delivery or by facsimile or email transmission notice shall be taken as delivered on the date of such personal delivery or date of facsimile or email transmission.
25.3    If sent by ordinary pre-paid post the Manufacturer's invoices and statements are deemed to be received by the Customer on the second business day after posting. If sent by email transmission the Manufacturer's invoices and statements are deemed to be received on the date of the email transmission.