Trading Terms & Conditions of Sale

THINKWELD PTY LTD (ABN 87 622 247 885) ALL CREDIT AND SALE OF GOODS BY THINKWELD ARE CONCLUDED BY THESE
TRADING TERMS AND CONDITIONS OF SALE

1. INTERPRETATION
Reference in these terms to:-
(a) “ACL” means the Australian Consumer Law as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
(b) "Goods" or "Services" refers to goods or services supplied by THINKweld to You.
(c) "PPSA" means the Personal Property Securities Act 2009 (Cth) and any successor legislation.
(d) “You” means the person named in the Customer Account Application as the Customer.

Terms used in these Terms and Conditions which have defined meanings in the PPSA or ACL have the same meanings in these Terms and Conditions

2. PRICE
2.1 The "price" of Goods and/or Services will be the then current price as determined by THINKweld and notified to You.
2.2 All prices are GST exclusive. GST is payable by You in addition to the price at the same time as the price is payable.

3. LIABILITY
Where You comprise of more than one person, each such person shall be jointly and severally liable to THINKweld under these Terms and Conditions.

4. PAYMENT
4.1 The price shall be paid by You by EFT or credit card by no later than thirty (30) days END OF MONTH FOLLOWING OF WHICH ANY INVOICE IS ISSUED.
4.2 If You fail to make any payment when due, all other amounts whether then due or not will become immediately due and payable.
4.2 If You are non-compliant in your payment obligations, THINKweld may upon written notice withhold future deliveries until all amounts and
late interest are paid (1.5% per month or the maximum rate permitted by law).

5. SUPPLY
5.1 Every endeavour will be made by THINKweld to supply the Goods and/or Services within the period, if any, requested by You but no liability
is accepted by THINKweld for delay in delivery or non-delivery.
5.2 THINKweld reserves the right at its discretion to discontinue supply to You at any time.

6. CUSTOM ORDERS
Custom orders may not be cancelled once a purchase order has been issued to THINKweld. In the event of a cancellation of a custom order, You will be
responsible for the full order. It will be shipped and billed accordingly by THINKweld to You.

7. PPSA
7.1 You hereby grant to THINKweld a Security Interest in all present and after acquired Goods and their proceeds (including any accounts and accessions) to
secure all monies owing to THINKweld now and/or in the future by You.

7.2 You agree that:
(a) THINKweld will continue to hold a Security Interest in the Goods in accordance with the PPSA, notwithstanding that the Goods may be
processed, combined or become an accession with other Goods.
(b) You will do all the things necessary to enable THINKweld to perfect and maintain its security interest including providing all information
THINKweld requires to register a Financing Statement or Financing Change Statement on the Personal Properties Securities Register (“PPSR”)
as a Security Interest and a Purchase Money Security Interest pursuant to the PPSA;
(c) You will not change your name, ACN or ABN or other details required on the PPSR, without notifying THINKweld;
(d) THINKweld need not give You any notice required under the PPSA unless the requirement to give notice cannot be excluded;
(e) You must pay any and all costs, expenses and other charges incurred, expended or payable by THINKweld in relation to the filing, discharge
or necessary amendment of any Financing Statement or Financing Change Statement.
(f) You will not allow security interests to be created or registered over the Goods in priority to the security interest(s) held by THINKweld.
(g) To the extent the law permits them to be excluded Sections 95, 118, 121(4), 125, 130, 132(3)(d), 132 (4),135, 142 and 143 of the PPSA shall
not apply.

8. CONSUMER GUARANTEES
8.1 If Goods and/or Services are supplied to You as a Consumer, the ACL provides for You to have the benefit of consumer guarantees which cannot be excluded. You will be entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You will also be entitled to have goods and/or services repaired, replaced or re-supplied if they fail to be of acceptable quality and the failure does not amount to a major failure.
8.2 To the extent permissible by law, the liability of THINKweld in respect of a breach of a consumer guarantee or any warranty made under these Terms and Conditions for any Goods and/or Services not of a kind ordinarily acquired for personal, domestic or household use is limited at the option of THINKweld:
In the case of Goods to -
(a) replacing Goods or the supply of equivalent Goods;
(b) the repair of the Goods;
(c) the payment of the cost of replacing Goods or of acquiring equivalent Goods; or
(d) the payment of the cost of having Goods repaired.
In the case of Services to -
(a) the supplying of the Services again; or
(b) the payment of the cost of having the Services supplied again.

8.3 To the extent permitted by law, all other warranties whether implied or otherwise, not set out in these Terms and Conditions are excluded and THINKweld is not liable in contract, tort (including, without limitation, negligence or breach of statutory duty) or otherwise to compensate You for:
(a) any increased costs or expenses;
(b) any loss of profit, revenue, business, contracts or anticipated savings;
(c) any loss or expense resulting from a claim by a third party; or
(d) any special, indirect or consequential loss or damage of any nature whatsoever;
arising out of the THINKweld supplying of Goods and/or services to You or caused by THINKweld failure to provide or delay in providing Goods and/or
Services.