TERMS & CONDITIONS

PURCHASE ORDER STANDARD TERMS AND CONDITIONS

1. DEFINITIONS AND INTERPRETATION

In these Standard Terms and Conditions:

“Agreement” means the agreement between the Purchaser and the Supplier set our in the Purchase Order and these Standard Terms and Conditions;

“Business” means the business owned by Ben & Rose Pty Ltd and trading as Moss n Stone.

“Business Day” means any day which is not a weekday or public holiday at the Delivery Place.

“Date for Delivery” means the delivery date stated in the Purchase Order;

“Delivery” has the meaning in clause 7;

“Delivery Place” means the delivery address stated in the Purchase Order;

“Goods” means the products to be supplied by the Supplier to the Purchaser as stated in the Purchase Order. For clarity, the supply of Goods includes the provision of the Services;

“Price” means the total amount payable to the Supplier by the Purchaser as stated in the Purchase Order;

“Purchaser” means the purchasing party stated in the Purchase Order;

“Purchase Order” means the Business purchase order document issued by the Supplier for the Goods which the Purchaser requires;

“Services” means any services which the Supplier is required to carry out under this Agreement, including any services which are incidental to, or required for, the supply of the Goods by the Supplier;

“Standard Terms and Conditions” means these standard terms and conditions;

“Supplies” means Goods and/or Services;

“Suppliers” means the Supplier specified in the Purchase Order;

2. AGREEMENT

(a) this Agreement contains the entire agreement between the parties and supersedes all earlier conduct and prior agreements, representations, communications and understandings between the parties in connection with the subject matter of this Agreement, whether oral or in writing; and

(b) this Agreement shall be deemed to be accepted by the Supplier for the Supplies from the Purchaser signing and returning a copy of this Agreement and/or the Supplier providing Supplies after receipt of the Purchase Order.

3. PERFORMANCE

(a) The Supplier shall provide the Supplies in accordance with this Agreement

(b) The Purchaser shall pay the Supplier the Price in accordance with this Agreement

(c) The Price is final and with the exception of GST, inclusive of all taxes, duties and charges imposed or levied in Australia or overseas.

4. SUPPLIER’S OBLIGATIONS

The Supplier shall provide the Supplies whilst exercising an acceptable standard of skill, care and diligence.

5. PURCHASER’S OBLIGATIONS

(a) The Purchaser is required to inform the Supplier in writing when a Delivery is required to be scheduled at a later time and/or date.

(b) The Purchaser understands that if a late Delivery is required and the Purchaser does not act in accordance with clause 5 (a), the Supplier is entitled to impose additional fees to the Price. The Purchaser agrees to pay any additional fees imposed by the Supplier and accepts responsibility for any detriment and/or loss in the Supplies that may occur in the Delivery.

(c) The Purchaser is required to provide the correct details of the Delivery Place and agrees that if incorrect details are provided to the Supplier, the Supplier has the right to impose additional fees for any additional delivery requirements brought about due to the provision of incorrect information.

6. THE GOODS

The Supplier will take reasonable steps to protect the Goods to prevent damage during transit and upon Delivery.

7. DELIVERY

The Supplier shall deliver the Goods to the Delivery Place by the Date for Delivery.

8. OWNERSHIP AND RISK

(a) Ownership of the Goods shall pass to the Purchaser on the earlier of:

(i) Delivery; or

(ii) the date of payment for the Goods.

(b) The Purchaser accepts that risk for the Goods passes in accordance with clause 8 (a).

9. PAYMENT

The Supplier shall be entitled to claim payment on completion of the Purchase Order.

10. INSURANCE

The Supplier shall maintain appropriate insurance policies with a reputable insurance company.

11. TERMINATION OF AGREEMENT

(a) The Supplier may immediately terminate this Agreement for any reason by providing written notice to the Purchaser

(b) The Purchaser accepts any written notice in accordance with clause 11 (a) and agrees that the Supplier is able to terminate this Agreement at their complete sole discretion.

12. GENERAL

(a) The Purchaser may request the Supplier to vary the Supplies. The price of any requested variation shall be determined by the Supplier and the Purchaser agrees to the new price unreservedly.

(b) The Supplier has the right to change the Purchase Order on occasion when required and the Purchaser agrees to any required change without objection and/or amendment to the Price.