FIN 400 – SUPPLY & SERVICES TERMS AND CONDITIONS AUST. POLICY

Purpose and Scope

These Terms and Conditions, and any amendments published from time to time on CGL’s websites including www.cgl.com.au (Terms) apply to all tenders, Quotations, orders and contracts whenever CGL supplies, provides or delivers any Goods or Services to any person (Customer). By requesting, ordering, purchasing or receiving delivery of any Goods or Services the Customer is deemed to have accepted these Terms and to have agreed that they apply to the exclusion of all other, unless agreed in writing.

Policy

General

A Quotation or tender made by CGL shall not be construed as an offer or obligation to supply in accordance with the Quotation or tender. A Quotation or tender made by CGL shall remain valid for 30 days or such other period as stated in it (whichever is the lesser) from the date of the Quotation or tender and shall always incorporate these Terms.

Any Quotation or sale invoice made by CGL is made on a supply only basis. Installation and commissioning (if any) is at the expense of the Customer unless otherwise specified in writing by CGL. Any order or offer made by any Customer shall not be binding on CGL until accepted by CGL in writing or in such manner as CGL in its sole discretion determines. CGL will not be bound by any conditions attached to the Customer’s order or acceptance of a Quotation and, unless such conditions are expressly accepted by CGL in writing, the Customer acknowledges that the Customer’s conditions are expressly negated. Every Quotation is subject to and conditional upon obtaining any necessary import, export or other licence.

Conditions of Supply

Where the Customer is a Proprietary Limited Company, CGL reserves the right to request a personal guarantee from the Directors of that company. The Customer agrees to pay the account in accordance with CGL’s Terms. CGL reserves the right to suspend or discontinue the supply of Goods or Services to the Customer without notice and without being obliged to give any reason for its action. Unless otherwise agreed in writing, if CGL prepays freight, insurance, custom and import duties (if any), landing and delivery charges and all other charges in connection with shipment and delivery of the goods, then any such charges shall be to the Customer’s account. Any charge, duty, impost, sales tax or other expenditure which is not applicable at the date of Quotation or Sales Invoice, but which is subsequently levied upon CGL in relation to a Quotation or Sales Invoice as a result of the introduction of any legislation, regulation or governmental policy, shall be to the Customer’s account. Where Goods are imported into Australia, any adverse variation in the price arising from fluctuation in exchange rates between the date of the Customer’s order and the date of payment by CGL will be to the Customer’s account.

Change of Ownership

In the event the ownership, effective control, directors, ABN, ACN, trading or legal entity name of the Customer changes, CGL must be notified in writing no later than 14 days prior to the change (Notice of Change). Upon such change being made, CGL is entitled to immediate payment by the Customer of a sum equal to the cost of Goods and/or Services which remain unpaid by the Customer upon expiration of the Notice of Change. Until such Notice of Change is received and acknowledged by CGL, liability for any unpaid account will remain with the Customer as disclosed in CGL’s records.

Prices

Prices for Goods are set out in accordance with CGL’s price list, which is subject to change from time to time without notice (unless stated otherwise in writing). The price payable by the Customer is the price quoted at the date of raising an invoice in respect of the Goods. CGL may from time to time, charge reasonable storage fees. Unless stated otherwise, the prices quoted by CGL for the supply of Goods and/or Services exclude GST. The Customer must pay GST at the same time as paying the price. Unless otherwise stipulated, all references to dollars are references to the currency of Australia. Where CGL has provided the Customer with a Quotation in relation to the supply of Goods, CGL’s standard terms of Quotation will apply in conjunction with these Terms and to the extent of any inconsistency, the Quotation terms will prevail. CGL must be notified by the Customer of any pricing claims it may have against CGL.

Payment

If Goods are sold to the Customer on credit, then all invoiced amounts are payable within 30 days end of month (being due on the last Business Day following the month of invoice), unless agreed otherwise by CGL in writing. If Goods are not paid for within the agreed terms, the full balance outstanding will become due and payable. If Goods are sold to the Customer without credit, then payment is required to be made by the Customer to CGL prior to despatch or pick up of the Goods. Receipt by CGL of any form of payment shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised. The Customer may not make any deduction or set-off from any amount payable to CGL in respect of any set off or counterclaim to be held back for retention.

If at any time any monies payable by the Customer under these Terms are not paid to CGL on the due date, then:

a) all money which would become payable by the Customer to CGL at a later date on any account will become immediately due and payable without the requirement for any notice to the Customer;

b) the Customer shall pay interest at the rate of 15% per annum on any amount overdue from the due date for payment until the date payment is made in full; and

c) CGL may cease or suspend supply of any further Goods or Services to the Customer or terminate any uncompleted Agreement with the Customer.

Policy History

Description Reference # Date Authority

Original Policy FIN 400 00 NOV 2021 CLT

Values Update FIN 400 00 JUL 2023

Policy Review FIN 400 01 NOV 2023 CLT

Policy Review FIN 400 02 NOV 2025 CEO

Next Review Due NOV 2027

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