TERMS OF TRADE

Parties

1. Supplier: [Your Business Name] (ABN: [Your ABN]) of [Your Address] ("Supplier")
2. Customer: [Customer Name] (ABN: [Customer ABN if applicable]) of [Customer Address] ("Customer")

1. Acceptance The Customer accepts these Terms of Trade by: a) signing an acknowledgement of these terms; or b) accepting a quote from the Supplier that refers to these terms; or c) paying an invoice for Goods or Services.

2. Definitions In this agreement: "Goods" means all goods supplied by the Supplier to the Customer. "Services" means all services provided by the Supplier to the Customer. "Price" means the price for the Goods or Services as set out in the Quote or Invoice.

3. Quotations All quotations are valid for [Number] days. The Supplier reserves the right to vary the Price if the quote is not accepted within this time. Quotations are based on current costs and may vary if those costs change before acceptance.

4. Supply of Goods and Services The Supplier will use reasonable endeavours to supply the Goods and perform the Services by the date agreed with the Customer. Time for delivery is not an essential term of this contract unless otherwise agreed in writing. The Supplier is not liable for any delay caused by events outside its control.

5. Price and Payment a) The Price is exclusive of GST unless stated otherwise. b) The Customer must pay the Price within [7/14/30] days of the date of the Invoice. c) Payment must be made to [Bank Account Details] by Electronic Funds Transfer. d) The Customer may not set off any claim against the Supplier against amounts owed to the Supplier.

6. Retention of Title a) Legal ownership of the Goods remains with the Supplier until the Supplier receives full payment in clear funds for the Goods and any other goods supplied to the Customer. b) Until ownership passes, the Customer must store the Goods separately from other goods and ensure they are insured.

7. Personal Property Securities Act (PPSA) a) The Customer acknowledges that these Terms of Trade constitute a security agreement for the purposes of the PPSA. b) The Customer agrees to do all things necessary to enable the Supplier to register a financing statement on the Personal Property Securities Register. c) The Supplier may register a security interest over any Goods supplied.

8. Risk Risk of damage to or loss of the Goods passes to the Customer upon delivery to the Customer's premises or nominated site.

9. Warranties and Liability a) The Supplier warrants that the Goods are supplied with title guaranteed and that the Services will be performed with due care and skill. b) The Supplier liability for breach of a non-excludable consumer guarantee is limited to one of the following as determined by the Supplier: i. The replacement of the Goods or the supply of equivalent Goods; ii. The repair of the Goods; iii. The payment of the cost of replacing the Goods or acquiring equivalent Goods; iv. The payment of the cost of having the Goods repaired. c) To the extent permitted by law, the Supplier excludes all liability for any indirect or consequential loss or damage arising from the supply of Goods or Services.

10. Default and Termination a) If the Customer fails to pay any amount by the due date, the Supplier may charge interest on the outstanding amount at the rate of [Percentage]% per annum calculated daily. b) The Supplier may suspend supply of further Goods or Services if the Customer is in breach of these terms. c) The Supplier may terminate this agreement immediately by written notice if the Customer becomes insolvent or enters into any scheme of arrangement with creditors.

11. Dispute Resolution In the event of a dispute, the parties must attempt to resolve the dispute by negotiation in good faith. If negotiation fails, the dispute may be referred to mediation.

12. Waiver Failure by the Supplier to enforce any provision of these Terms of Trade does not constitute a waiver of that provision.

13. Governing Law These Terms of Trade are governed by the laws of [State, e.g., New South Wales]. The parties submit to the non-exclusive jurisdiction of the courts of that state.