TERMS OF TRADE

TERMS AND CONDITIONS

1. ORDER PLACING

a) All orders placed with Outdoor Agencies are made subject to your acceptance of our Terms and Conditions contained herein.

b) Freight will be your responsibility and freight will be charged to each invoice accordingly.

c) Freight and Insurance

Transport of goods from our warehouse is the responsibility of the customer. Unless customers nominate a preferred Carrier, it will be assumed in the absence of specific directions from the customer that the customer consents to the goods being sent with either Outdoor Agencies preferred Carrier or Australia Post, at the Consignee’s expense, not including insurance coverage. If insurance is required, this needs to be advised at the time the order is placed. Outdoor Agencies assumes no responsibility for the loss, damage or theft of goods, once they have been dispatched from our warehouse.

2. COMMERCIAL CREDIT ACCOUNTS

a) Outdoor Agencies provides a 30-day Commercial Credit Account facility to customers who have applied and have been approved for credit. Accounts are due for payment at the end of the month following the month of invoice.

b) A customer will be able to purchase products while their Commercial Credit Account remains within its credit limit and repayment is made on the terms herein.

c) This account can be reviewed at any time based on trading, account and performance and needs. In the event that a failure to observe our Terms and Conditions, we reserve the right to renegotiate or cancel this Commercial Credit Account facility.

d) Prior to approval of a Commercial Credit Account application, all orders remain strictly payment “before delivery”.

e) Any credits relating to this account can only be taken up in the month of issue and cannot be used against past invoices.

f) A settlement discount, of 2.5%, may be available to approved customers where payment is received within 10 days of invoice date. This discount is only available to i) established accounts and ii) where all previous outstanding amounts have been paid.

3. PAYMENT

Outdoor Agencies accepts payment of its accounts by the following –

a) Direct Deposit Payment to be made to:

Bank: NAB BSB Number: 082-057 Account Number: 57781 4439

PROVIDED the Customer forwards by facsimile a stamped copy of the deposit slip to Outdoor Agencies on facsimile number 02 9438 2520.

b) Credit Card Credit card facilities are available upon request. Please call the sales office for further information or the accounts department for payment of account.

c) Cheque Goods can be purchased by remittance of a personal, company or bank cheque together with the appropriate Purchase Order.

4. INTEREST AND RECOVERY COSTS

a) Interest shall be paid on overdue accounts calculated from the day following the date upon which the account was payable, at the rate of 10% per annum and without any demand being made.

b) Any costs incurred by Outdoor Agencies in recovering outstanding accounts or goods pursuant to clause 6(c) shall be borne by you.

5. PRODUCT RETURN PROCEDURE

When goods are returned for credit or warranty reasons, you must within a reasonable time from the date of receiving the goods, contact our Customer Service Department so that a Return Authorisation Number (“RAN”) can be issued. Please call the Outdoor Agencies office to confirm return details.

a) Freight costs on any return are your responsibility and all costs associated with same shall be borne by you. If return is deemed to be covered under warranty return postal charges will be credited.

b) Credit for any return can only be taken up in the month that the goods are received by Outdoor Agencies. These credits cannot be used against the invoices in preceding months.

6. TITLE IN GOODS

(a) The goods shall remain the sole and absolute property of Outdoor Agencies as legal or equitable owner until such time as you shall have paid to Outdoor Agencies the full purchase price. Following such payment, title to the goods shall be transferred to you provided that payment shall not be deemed to be made until any cheque in payment has been duly honoured.

(b) You acknowledge that you are in possession of any goods purchased from Outdoor Agencies solely as bailee for Outdoor Agencies until such time as the full price thereof is paid to Outdoor Agencies.

(c) Your rights to possession of the goods shall cease if you do anything or fail to do anything which would entitle a receiver to take possession of any assets or which would entitle any person to present a petition for winding up. Outdoor Agencies may for the purpose or recovery of the goods enter forcibly if necessary upon any premises where they are stored or where they are reasonably thought to be stored and may repossess and remove the goods.

(d) If new objects are made out of the goods supplied, then Outdoor Agencies will be deemed the owner of the new goods as surety for the payment of the full price for the goods supplied.

(e) Until full payment for the goods supplied has been received by Outdoor Agencies, you shall keep the goods and new objects (comprising the goods sold) in your capacity as fiduciary owner thereof and shall store them in such a way that they could be separately recognized in your premises or at any other place of your business.

(f) You shall be entitled to sell the new objects to a third party in the normal course of carrying on your business for a full and proper purchase price.

(g) All moneys or consideration received by you for selling the new objects or goods to a third party shall be held on trust to Outdoor Agencies until such time as you pay the full purchase price to Outdoor Agencies.

7. APPLICABLE LAW

The quotation, any contract or agreement of which it shall form the basis, shall be interpreted and enforced in accordance with the laws for the time being in force in the State of New South Wales and the Purchaser agrees to submit to the jurisdiction of the courts therein.

8. FORCE MAJEURE

Outdoor Agencies shall not be liable for failure to perform its obligations if the failure arises from circumstances beyond its reasonable control, including but not limited to, fire, explosion, strikes, lock-outs or any other industrial disputes, failure or refusal of its supplier to supply the goods, inclement weather, acts of God or Governmental action. In no such event shall the Purchaser be entitled to damages of any kind for late performance or failure to perform.

9. PRICES

Prices are subject to change without notice. All wholesale prices exclude GST. All recommended retail prices include GST.

10. PRODUCT SPECIFICATIONS

These are based on available information and are subject to change without notice.

11. CHANGES

We reserve the right to amend our trading terms and conditions from time to time. Please refer to our updated Credit Application for the full list of Terms & Conditions. All Point of Sale materials remains the property of Outdoor Agencies.

The price set out or referred to herein as RRP is a recommended price only and there is no obligation to comply with the recommendation.