ABN: 72099478554

Namemakers€ Terms and Conditions of Trade

1. Definitions

1.1. €Seller€ shall mean Namemakers and is successors and assigns.

1.2. €Buyer€ shall mean the buyer or any person of Seller acting on behalf of and with the authority of the buyer.

1.3. €Goods€ shall mean Goods supplied by the Seller to the Buyer and includes any advice or recommendations.

1.4. €Price€ shall mean the cost of the goods as agreed between the Seller and the Buyer subject to clause 4 of this contract.

2. Acceptance

2.1. Any instructions received by the Seller from the Buyer for the supply of Goods or Services shall constitute acceptance of terms and conditions contained herein. Upon acceptance of these terms and conditions by the Buyer the terms and conditions are irrevocable and can only be rescinded in accordance with these terms and conditions or with the written consent of the manager of the Seller.

2.2. None of the Seller€s agents or representatives are authorised to make any representations, statements, conditions or agreements not expressed by the manager of the Seller in writing nor is the Seller bound by any such unauthorised statements.

3. Goods and Services

3.1. The Goods and Services shall be as described on the invoice, quotation, work authorisation, sales order or any other work commencement forms as provided by the Seller to the Buyer

3.2. The volume of Goods sold to the Buyer shall be the volume determined by the Seller€s system of measuring prior to delivery.

3.3. Any description of Goods and Services contained in this agreement is given by way of identification only. The use of description will not constitute this agreement as a sale by description.

3.4. Goods and Services are supplied in accordance with nominated specification as confirmed by the Seller.

4. Price And Payment

4.1. At the Sellers sole discretion:

4.1.1. The Price shall be as indication on invoices provided by the Seller to the Buyer in respect of Goods or Services Supplied; or

4.1.2. The Price shall be the Seller€s current price at the date of delivery of the Goods or Services according to the Sellers current Price list; or

4.1.3. The price of the goods shall be the seller€s quoted price, which shall be binding upon the Seller provided that the Buyer shall accept the Seller€s quotation within thirty (30) days.

4.2. The Seller may by giving notice to the Buyer at any time up to 7 days before delivery increase the Price of the Goods or Services to reflect any increase on the cost to the Seller beyond the reasonable control of the Seller (including, without limitation, foreign exchange fluctuation, taxes and duties, and the cost of labour, materials and other manufacturing costs).

4.3. Time for payment of the Goods/Services shall be of the essence and will be upon the date of agreement.

4.4. At the Seller€s sole discretion, payment shall be due on order of the Goods/Services.

4.5. At the Seller€s sole discretion, payment for approved Buyers shall be due thirty (30) days from the statement date.

4.6. Payment will be made by cash, or by cheque, or by direct debit, or by EFT transaction, or by any other method as agreed to between the Buyer and the Seller.

5. Delivery of Goods

5.1. Delivery of the Goods/Services shall be made to the Buyer€s address or the Buyers nominated location. The buyer shall make all arrangement necessary to take delivery of the Goods/Services whenever they are tendered for delivery, or delivery of the Goods/Services shall be made to the Buyer at the Sellers address.

5.2. Delivery of Goods to a carrier, either named by the Buyer or failing such naming to a carrier at the discretion of the Seller for the purpose of transmission to the Buyer, is deemed to be a delivery of the Goods to the Buyer.

5.3. The Seller may deliver Goods/Services by separate instalments (in accordance with the agreed delivery schedule). Each separate instalment shall be invoiced and paid for in accordance with the previsions in this contract of sale.

5.4. The failure of the Seller to deliver shall not entitle party to treat this contact repudiated.

5.5. The Seller shall not be liable for any loss or damage whatever due to failure by Seller to deliver the Goods/Services (or any of them) promptly or at all.

6. Risk

6.1. If the Seller retains property in the Goods nonetheless all the risk for the Goods passes to the Buyer on delivery.

7. Defects

7.1. The Buyer shall inspect the Goods/Services on delivery and shall within seven (7) days of delivery notify the Seller of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote. The Buyer shall afford the Seller an opportunity to inspect the Goods within a reasonable time following the delivery if the Buyer believes the Goods are defective in any way. If the Buyer shall fail to comply with these provisions the Goods/Services shall be conclusively presumed to be in accordance with the terms and conditions and free from any defect or damage.

8. Return Of Goods

8.1. Except as provided in this clause, the Buyer is not entitled to return the Goods to the Seller for any reason. For defective Goods, which the buyer is entitled to reject, the Sellers liability is limited to either (at the Seller€s discretion) replacing the Goods, or refunding the Price provided that:

8.1.1. The Buyer must notify the Seller within seven (7) days of delivery that the Goods are defective;

8.1.2. The Seller is given a reasonable opportunity to investigate the buyer€s claim;

8.1.3. The Seller will not be liable for Goods, which have not been stored in a proper manner.

9. The Commonwealth Trade Practices Act 1974 and Fair Trading Acts

9.1. Nothing in this agreement is intended to have affect of contracting out of any applicable provisions of the Commonwealth Trade Practices Act 1974 or the Fair Trading Acts in each of the States and Territories of Australia, except to the extent permitted by those Acts where applicable.

10. Cancellation

10.1. The Seller may cancel these terms and conditions or cancel delivery of Goods or Services at any time before the Good or Services delivered by giving written notice. The Seller shall not be liable for any loss or damage whatever arising from such cancellation

11. Licences and Patents

11.1. All Goods are sold and Services performed on the understanding that any licences and permits under all relevant statutes, ordinances, rules and regulations have been obtained by the Buyer and the Buyer will ensure that the installation and use of the goods meets all statutory requirements.

11.2. The Buyer further warrants that any design or instruction furnished to the Seller will not cause the Seller to infringe any patent, copyright, registered design or trademark.

11.3. The sale of the purchase of the Goods does not confer on the Buyer any licence or rights under any patent, registered trademark, confidential information, or copyright which is the property of the Seller.

12. General

12.1. If any provision of these Terms and Conditions shall be invalid, void or illegal or unenforceable the validity existence, legality and enforceability of the remaining provisions shall not be affected, prejudice or impaired.

12.2. All Goods supplied by the Seller are subject to the laws of Queensland and the Seller takes no responsibility for changes in the law, which affect the Goods supplied.

12.3. The Seller shall be under no liability whatever to the Buyer for any indirect loss and/or expense (including loss of profit) suffered by the Buyer arising out of a breach by the Seller of these Terms and Conditions.

12.4. The Buyer shall not set off against the Price amounts due from the Seller.

12.5. The Seller may licence or sub-contract all or any part of its rights and obligations without the Buyer€s consent.

12.6. The Seller reserves the right to review these Terms and Conditions at any time and from time to time. If, following any such review, there is to be any change in such Terms and Conditions, that change will take effect from the date on which the Seller notifies the Buyer of such Change.

12.7. In the event of any breach of this contract by the Seller the remedies of the Buyer shall be limited to damages. Under no circumstances shall the liability of the Seller exceed the Price of the Goods.