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Terms and Conditions

Terms and Conditions

Terms and Conditions of Trade for FastExhibit

These terms and conditions will apply whenever customers procure Goods and Services from FastExhibit. The parties to these terms and conditions hereby agree that the following clauses represent the terms and conditions of trade between them:

  1. Interpretation 1.1 In these terms and conditions unless the context otherwise requires:

“FastExhibit” means FastExhibit Pty Ltd (and any related company) and its successors and assigns;

“Confidential Material” means:

(a) All information and other material relating to FastExhibit, its employees, Goods and Services which are made available to the Customer, or have previously been made available to the Customer; or

(b) Any report or material which we produce as a direct or indirect result of any work that we carry out for the Customer, and anything that the Customer derives from this information and material but excluding everything which:

i. Is generally available to the public (but not because the Customer or anyone the Customer is responsible for has disclosed or allowed to be disclosed);

ii. The Customer or a third party has independently developed or acquired, except where this was derived from information sourced from FastExhibit which otherwise comes within this definition of Confidential Material.

“Customer” means the customer contracting with FastExhibit and the Customer’s successors and permitted assigns;

“Default” means each of the events set out in clause 8.6;

“Goods” means all goods supplied by FastExhibit to the Customer from time to time, provided that:

(a) Solely for the application of the PPSA, where the Goods supplied are the Customers’ inventory, all references to Goods shall, in respect of those Goods, be read as references to inventory while they are held as inventory; and

(b) Where the Goods supplied are not or are no longer held as the Customer’s inventory, all references to Goods shall, in respect of those Goods, mean the Goods described in any relevant order form, packing slip, or invoice (or its equivalent, whatever called) prepared by FastExhibit and relating to those Goods, on the basis that each such order form, packing slip, or invoice (or its equivalent) is deemed to be assented to by the Customer, incorporated in and form part of, these terms and conditions, and (unless the context requires otherwise) includes all proceeds of such Goods and any product or mass which the Goods subsequently become part of.

“Services” means all the services supplied by FastExhibit to the Customer and includes any advice or recommendations from time to time; and

“terms and conditions” means these terms and conditions of trade between FastExhibit and the Customer incorporating these terms and conditions, new account application, application for credit, and any other terms and conditions between FastExhibit and the Customer.

1.2 The Goods and Services are supplied on these terms and conditions of trade. No variation of these terms and conditions is permitted unless FastExhibit has agreed in writing to such variation. These terms and conditions of trade prevail over the terms of any purchase order or any other terms of the contract submitted by the Customer.

  1. Ordering To order Goods and or Services from FastExhibit, the Customer shall need to be currently approved by FastExhibit for credit purposes unless FastExhibit reaches an alternative payment arrangement with the Customer.

FastExhibit reserves the right to refuse credit to the Customer without being obliged to provide reasons for such refusal. In the event that credit is refused, all orders by the Customer must be paid by bank cheque or in cash prior to delivery.

  1. Acceptance Any instructions received by FastExhibit from the Customer for the supply of Goods and Services shall constitute acceptance of these terms and conditions of trade.

  2. Credit FastExhibit reserves the right to refuse to accept any order or any part of an order and to deliver any Goods by instalments, in which case each instalment will comprise a separate contract and shall be paid for as if it was a separate order.

FastExhibit shall have the sole discretion to determine the amount of credit extended to the Customer at any time.

  1. Price 5.1 The prices of the Goods and Services supplied by FastExhibit are subject to alteration by FastExhibit without notice.

5.2 The Customer agrees to pay the freight costs on all Goods delivered to the Customer or as the Customer may direct by FastExhibit.

  1. Payment 6.1 All accounts rendered by FastExhibit to the Customer shall be paid in full in accordance with the timeframe specified in invoices provided to the Customer. In the event that payment is not made by such a date, then the Customer is in Default pursuant to clause 8.6(a) of the terms and conditions, and consequences of default as proscribed in clause 9 become applicable. FastExhibit may also remove any price discounts provided at the time of invoicing should payment not be forthcoming in the timeframe specified on the invoice.

6.2 Payment shall be made by the Customer in cleared and immediately available funds, without set-off, counter-claim, deduction, or withholding, except as is permitted by law.

  1. Supply of Goods 7.1 FastExhibit agrees to supply all orders to the Customer or as the Customer may direct as soon as practicable following receipt of orders from the Customer.

7.2 Orders for goods cannot be canceled by the Customer if the Customer wishes to cancel the orders more than 14 days after the goods were ordered.

7.3 If any order for Goods and Services is canceled under clause 7.2 or is canceled by FastExhibit at any stage prior to delivery or performance of the Goods and Services, the Customer shall remain liable to make payment for all work undertaken by FastExhibit up to the time of cancellation.

7.4 In the event that any goods supplied by FastExhibit are faulty, FastExhibit agrees to pay to the Customer the replacement value of the faulty goods and will not be liable for any damage, loss, or injury arising from the use of any goods.

  1. Title and Security (Competition and Consumer Act 2010 (“CCA”)) 8.1 The Customer grants to FastExhibit a purchase money security interest (“PMSI”) in the Goods and agrees that the PMSI has attached to all Goods supplied now or in the future to the Customer by FastExhibit and that the attachment of the PMSI has in no way been deferred or postponed from the date of these terms and conditions.

8.2 Title in any Goods and Services supplied by FastExhibit passes to the Customer only when the Customer has made payment in full for all Goods and Services provided and of all other sums due to FastExhibit by the Customer on any account whatsoever. Until all sums due to FastExhibit have been paid in full, FastExhibit has a security interest in all Goods and Services provided to the Customer.

8.3 Without limitation to any other rights afforded to FastExhibit under the CCA, until the Customer has paid for the Goods and Services in full:

(a) The Goods shall be held as a fiduciary bailee for and on behalf of FastExhibit;

(b) If the Goods are sold by the Customer before payment in full to FastExhibit, then the proceeds of sale (less any markup imposed by the Customer on such sale) shall be held in trust by the Customer for FastExhibit in a separate bank account; and

(c) The Goods shall be stored in such a way to ensure that they are identifiable as the separate property of FastExhibit.

8.4 If the Goods and Services are attached, fixed, or incorporated into any property of the Customer or any third person by way of any manufacturing or assembly process by the Customer or any third party, title to the Goods and Services shall remain with FastExhibit until payment has been made in full. If those Goods and Services are mixed with other property to become part of or constituent of any new products, title to those new products shall be deemed to be assigned by the Customer to FastExhibit as security for the full satisfaction of all amounts owed.

8.5 The Customer hereby irrevocably grants FastExhibit and its agents authority to enter any premises owned or occupied by the Customer or on which Goods and Services are situated at any reasonable time after Default by the Customer or before Default if FastExhibit believes that a Default is likely. FastExhibit may remove and repossess any Goods and Services and any other property to which the Goods and Services are attached or in which they are incorporated. FastExhibit shall not be liable for any costs, damages, expenses, or losses suffered or incurred by the Customer or any third party as a result of this action, and FastExhibit will not be liable to the Customer or such third parties in contract, tort, or otherwise in any way unless by statute such liability cannot be excluded. FastExhibit may, at its sole option, either resell any repossessed Goods and Services and credit the Customer’s account with the net proceeds of sale (after deduction of all repossession, storage, and selling costs) or may retain any repossessed Goods and Services and credit the Customer’s account with the invoice value thereof less such sum as FastExhibit reasonably determines on account of wear and tear, depreciation, obsolescence, loss, or other costs.

8.6 Each of the following shall constitute a Default by the Customer:

(a) Non-payment of any sum by the due date;

(b) The Customer intimates that it will not pay any sum by the due date;

(c) Failure by the Customer to comply with any obligations imposed on it under these terms and conditions of trade;

(d) Any Goods are seized by any other creditor of the Customer;

(e) Any Goods are materially damaged after delivery to the Customer and before payment in full has been made by the Customer;

(f) The Customer is declared bankrupt, is placed in liquidation or voluntary administration, or a receiver or administrator is appointed to any of the Customer’s assets;

(g) A material adverse change in the financial position of the Customer occurs (as reasonably determined by FastExhibit).

8.7 If a Default occurs, all amounts owing by the Customer shall be immediately due and payable, and FastExhibit shall be entitled to enforce all rights available under these terms and conditions of trade at the cost, risk, and responsibility of the Customer in all respects.

8.8 The Customer undertakes to sign any further documents and/or provide any further information (such information to be complete, accurate, and up-to-date in all respects) that FastExhibit may reasonably require to register a financing statement or financing change statement on the Personal Property Securities Register in respect of the PMSI granted to FastExhibit under clause 8.1.

8.9 Unless otherwise agreed to in writing by FastExhibit, the Customer waives its right to receive verification statements and financing change statements under the PPSA.

  1. Default and Consequences Of Default 9.1 If the Customer fails to make payment of any amount by the due date, interest (calculated daily from the due date until the date that payment is made in full to FastExhibit) shall accrue and be payable on the overdue amount at the rate of 2.5% per calendar month. Such interest shall compound monthly after as well as before any judgment.

9.2 If the Customer defaults in payment of any amount when due, the Customer shall indemnify FastExhibit from and against all costs and disbursements incurred by FastExhibit (including solicitor/client costs on a full indemnity basis and collection agency costs), arising from, or consequent on, enforcement and/or collection of the overdue amount.

9.3 If a Default occurs, then without prejudice to any other rights of FastExhibit under these terms and conditions of trade or at law, FastExhibit may, in its sole discretion:

(a) Suspend or terminate the supply of Goods and Services to the Customer and any of FastExhibit’s other obligations under these terms and conditions of trade; and/or

(b) Cancel all or any part of any order of the Customer which remains unperformed.

9.4 FastExhibit will not be liable to the Customer for any loss or damage the Customer suffers as a result of any exercise by FastExhibit of its rights under this clause 9.

9.5 FastExhibit’s rights under this clause 9 are in addition to and not in substitution for any other rights FastExhibit may have at law.

  1. Information 12.1 The Customer authorizes FastExhibit to:

(a) Collect and hold credit information about the Customer received from any source. FastExhibit may use this information to determine the Customer’s creditworthiness, credit history, or credit capacity, for debt collection or any related purpose, or for providing information to the Customer about Goods and Services; and

(b) Disclose the Customer’s credit information to anyone else (including FastExhibit’s related parties and shareholders) for the purposes set out in clause 12.1(a).

12.2 The Customer must notify FastExhibit of any change in circumstances that may affect the accuracy of any personal or credit information that FastExhibit has collected under these terms and conditions.

12.3 If FastExhibit has reasonable cause to believe that the information which the Customer has supplied in these terms and conditions is incorrect or no longer correct, and the Customer fails to satisfactorily correct this information within five business days of a request being made by FastExhibit, then all amounts will become immediately due and payable.

  1. Intellectual Property 13.1 The Customer acknowledges that FastExhibit (or its supplier) is the sole owner of all intellectual property (including business know-how, ideas, methodologies, routines, systems, and processes) relating to or arising, directly or indirectly, out of the Goods and Services supplied by FastExhibit or developed or contributed to by FastExhibit in relation to any information, fault, repair, or documentation supplied to the Customer, or as a result of FastExhibit performing Services or any other work for the Customer.

  2. Confidential Information 14.1 Each party agrees to keep the other’s Confidential Material confidential and not to:

(a) Use the Confidential Material for any purpose other than for the purpose of which it was supplied; or

(b) Copy or reproduce any of the Confidential Material in any way.

14.2 On request, each party will ensure that any Confidential Material (including any copies of it) that it possesses or controls and that belongs to the other party is returned to that other party.

14.3 This clause 14 shall survive the termination of these terms and conditions.

  1. Dispute Resolution 15.1 The parties will use all reasonable endeavors to resolve any dispute between them. If the parties cannot resolve a dispute between themselves, then they shall refer the dispute to mediation within seven working days of the dispute arising, to be conducted by LEADR Australia.

  2. General If any provision of these terms and conditions of trade shall be invalid, void, illegal.

These terms and conditions of trade and any contract to which they apply shall be governed by the laws of New South Wales, Australia.

In the event of any breach of these terms and conditions by FastExhibit, the remedies of the Customer shall be limited to damages. Under no circumstances shall the liability of FastExhibit exceed the price of the Goods and Services paid by the Customer.

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 FastExhibit.

FastExhibit may assign its rights under these terms and conditions of trade and under any contract formed with the Customer and may sub-contract all or any part of its rights and obligations, in each case without the Customer’s consent.

FastExhibit reserves the right to review and amend these terms and conditions of trade 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 FastExhibit notifies the Customer of such a change.

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

By proceeding with any order, the Customer agrees to be bound by these terms and conditions of trade, and any subsequent purchase of Goods and Services from FastExhibit shall be governed by these terms and conditions. It is the responsibility of the Customer to read and understand these terms and conditions before entering into any transaction with FastExhibit.

For any questions or concerns regarding these terms and conditions, the Customer may contact FastExhibit’s customer service team at the provided contact information.

FastExhibit looks forward to providing the Customer with high-quality Goods and Services and ensuring a smooth and satisfactory trading experience. Thank you for choosing FastExhibit as your trusted partner in displays and exhibits.

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