Terms and Conditions

Definitions

"Business Day"

means a day that is not a Saturday or a Sunday, or a day that is wholly or partly observed as a public holiday in Melbourne, Victoria, Australia.

"Company"

means Pro Line APAC Pty Ltd, a distributor and wholesaler of Products and Equipment for sale, provides Equipment for hire to customers as well as a number of Services.

"Company Representatives"

means an authorised employee, an authorised consultant or agent of the Company.

"Confidential Information"

includes information which:

• is disclosed to the Customer in connection with the Terms and Conditions at any time;
• is prepared or produced under or in connection with the Terms and Conditions at any time;
• relates to the Company's business, assets or affairs; or
• relates to the subject matter of, the terms of and/or any transactions contemplated by the Terms and Conditions,

whether or not such information or documentation is reduced to a tangible form or marked in writing as "confidential", and howsoever the Customer receives that information.

"Consequential Loss"

includes any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.

"Customer"

means the person or persons identified as the Customer on the Commercial Credit Application Form or in the absence thereof the party placing the Order with or purchasing Products, Equipment or Services from the Company and is an experienced and licensed contractor, and purchases or hires Products, Equipment or Services from the Company for the purpose of providing supply and services to its end customers.

"Customer Representative"

means an employee, agent, contractor or other person associated with the Customer or an on-purchaser from the Customer or a subsequent on-purchaser who installs or uses Products or Equipment.

"Delivery Date"

means the date on which the Products, Equipment or Services are to be provided to the Customer.

"Made to Order" or "MTO"

includes any Products or Equipment that has been specially ordered for a Customer (whether locally or from overseas) or which is specially manufactured for the Customer or is not a stocked item.

"Equipment"

means equipment the Company sources from a Manufacturer (including amendments made by the Company for Australian compliance or additional functionality) for sale or hire to the Customer.

"Invoice"

means a tax invoice for the sale of Products or Equipment, or hire of Equipment, or the delivery of Services.

"Manufacturer"

means the third party supplier of Products or Equipment to the Company, or who performs Services.

"Manufacturer Installation Instructions"

means a set of instructions published by the Manufacturer and made available by Products or Equipment to the Company, for the proper use of Products or Equipment in accordance with the Manufacturer's specifications or a Manufacturer Operating Manual.

"Manufacturer Operating Manual"

means the operational instructions, user guides or user manual as published by the Manufacturer regarding the proper use of Products or Equipment.

"Manufacturer Representative"

means an employee, agent, contractor or other person who is authorised to represent the Manufacturer and provide Services to the Company, Customer or a Customer Representative.

"Manufacturer Tests"

means test results provided by the Manufacturer regarding product life or other results following the proper installation or use of Products or Equipment in accordance with the Manufacturer Installation Instructions or a Manufacturer Operating Manual.

"Material Safety Data Sheets"

means the material safety data sheets concerning the safe handling of Products or Equipment published by the Manufacturer and may include additional information provided by Products or Equipment to the Company for compliance with Regulations or Standards.

"Manufacturer Technical Data Sheets"

means the technical data, specifications and information concerning Products or Equipment as published by the Manufacturer.

"Manufacturer Warranty"

means a warranty, guarantee or other like instrument provided by the Manufacturer for its Products or Equipment.

"Order"

means an offer (written or verbal) by a Customer to purchase Products or Equipment from the Company.

"Payment Terms"

means the terms of payment by the Customer to the Company under an Invoice.

"Products"

includes any goods ordered by the Customer from the Company or supplied by the Company on the Order of the Customer.

"PPS Act"

means the Personal Property Security Act 2009 (Cth) and its associated Regulations as varied from time to time.

"PPSR"

refers to the Personal Property Securities Register under the PPS Act.

"Regulations"

means the relevant regulations for the use, installation, maintenance, storage and handling of Products or Equipment or the rehabilitation of pipes by use of Cured In Place Pipe (CIPP), any other pipeline or asset rehabilitation/relining methodology, construction generally and includes amongst other things:

• in Australia, each State or Territory publishes legislation that consists of an Act of Parliament and subordinate legislation which empowers the regulation of building work and plumbing and drainage installations. The legislation also contains the administrative provisions to empower the Australian Buildings Codes Board to publish the National Construction Code, Building Code of Australia, Plumbing Code of Australia, administer the WaterMark Certification Scheme, and provide inspections, audits and the review and enforcement of standards; and
• in New Zealand the legislation contained in the Building Act 2004 empowers the New Zealand Building Code and also requires compliance with the Plumbing Code of Australia.

"Rented Pallet"

means pallets owned by independent companies that rent pallets including Chep and Loscam.

"Services"

means the services conducted by a Company Representative or a Manufacturer Representative as the case may be.

"Standards"

means any applicable international, Australian, and New Zealand standards, codes, regulations, and industry guidelines relevant to the Products or Equipment, their manufacture, supply, use, installation, handling, storage, and maintenance, and to pipe rehabilitation and construction works, as amended from time to time.

"Terms and Conditions"

means these Terms and Conditions or the current Terms and Conditions as varied and applicable from time to time.

"WaterMark"

means the certification scheme administered by the Australian Building Codes Board under the National Construction Code, which establishes mandatory technical and compliance requirements for products used in building work and plumbing and drainage installations in Australia.

"Writing"

includes fax, email and SMS.

Sale Terms and Conditions

1. The current Terms and Conditions applicable from time to time shall apply to all agreements between the Company and the Customer for the purchase of the Products, Equipment or Services, including all Orders or other sales, and will prevail over all prior conditions previously agreed between the parties in relation to the purchase of the Products, Equipment or Services.
2. The Terms and Conditions may be varied from time to time by the Company without notice and the Terms and Conditions current at the time of placing any specific or part of an order shall apply to such Orders.
3. The Company may, but shall not be required nor responsible to notify the Customer of the existence or content of any variations of the Terms and Conditions.
4. A party shall not assign an Order or these Terms and Conditions or any payment or any other right, benefit or interest under the Order or these Terms and Conditions without the written approval of the other party.
5. These Terms and Conditions supersede any negotiations or prior agreements or prior versions of these Terms, whether written or oral, in respect of these Terms and Conditions.
6. If there is more than one person named as the Customer, the Customer's obligations will be joint and several.
7. Each of the parties acknowledges that in agreeing to enter into these Terms and Conditions it has not relied on any representation, warranty or other assurance except those set out in these Terms and Conditions.
8. These Terms and Conditions (including any Order and Invoice) contain the whole agreement between the parties in relation to the supply of Products or Equipment or the delivery of Services. Unless expressly set out in the Invoice as special conditions of sale, no other understanding, arrangement or provision is binding upon the parties.
9. The Company may set out special terms or conditions relating to the sale or hire of Products, Equipment or the provision of Services in the Invoice, and those special terms or conditions will be in addition to these Terms and Conditions. In the case of a conflict the special terms or conditions set out in an Invoice will prevail over these Terms and Conditions.

Order and Acceptance

1. Any Order submitted to the Company by a Customer shall be deemed to be made pursuant to, and will incorporate and be subject to, the terms of the Terms and Conditions. To the extent there is any inconsistency, ambiguity or discrepancy between any Order and the Terms and Conditions, the Terms and Conditions and whatever is most onerous shall prevail.
2. The Customer must ensure that the Products or Equipment in an Order are fit and suitable for the purpose of which the Customer intends to use the Products or Equipment or the scope of services that are suitable for the purpose. The Company is not liable if the Products or Equipment were ordered incorrectly by the Customer or a Customer Representative, or the Products or Equipment are not suitable for the Customer's purpose.
3. Any Order placed or made by the Customer for the purchase of the Products, Equipment or Services shall be an irrevocable offer and shall constitute an unqualified acceptance by the Customer of the Terms and Conditions.
4. The Company may accept any Order in whole or in part. Accepted Orders may not be varied or cancelled by the Customer without the Company's written consent and (subject to the conditions set out herein, and to the maximum extent permitted by law) there is no right of return and where consent is provided may be subject to administrative charges. An acceptance by the Company may be oral or in writing at the Company's discretion.

Price

1. The price of the Products, Equipment or Services shall be as agreed in writing between the parties or otherwise the Company's published price or where there is no agreed price or published price such amount as indicated on invoices provided by the Company to the Customer regarding Products, Equipment or Services ordered. Prior to acceptance of an Order, the Company may change its published prices at any time without notice.
2. Products or Equipment ordered are quoted on the basis of delivery to the Customer's address. The Company may charge in addition to the price of the Products or Equipment the recovery rate for freight and handling at rates dependent on distance and volume of Products or Equipment supplied. The rates are subject to change at any time without notice.

Payment

1. The Customer must pay the Price in accordance with the Payment Terms as set out in the Invoice and in accordance with these Terms and Conditions.
2. Time is of the essence with respect to the Customer's payment obligations. The Customer does not have the right to deduct, set-off, reduce or vary the Price or Invoice value unless agreed by the Company in writing.
3. If the Customer disputes the whole or any part of the Invoice, the Customer must pay the undisputed portion in accordance with the Payment Terms. The Customer must submit documentary evidence to the Company to substantiate any disputed amount within 2 Business Days after receiving the Products, Equipment or Services and both parties must use their best endeavours to resolve the disputed amount within 5 Business Days.
4. If the Customer fails to pay the Price in full to the Company in accordance with the Payment Terms, or a disputed amount is not adjusted by the Company due to insufficient documentary evidence or validity of a disputed amount, the Company may recover from the Customer interest on all outstanding amounts at the simple interest rate of 10% per annum calculated daily, and any debt collection service costs incurred by the Company.

Services

1. The Company may, at its discretion, offer optional services (Services) to support the supply, use, operation, or installation of Products or Equipment.
2. The range of Services provided by Company Representatives may include:
   1. subject to Manufacturer approval where required, providing training to the Customer Representative in the correct use and installation of Products or Equipment in accordance with applicable Manufacturer Technical Data Sheets, Manufacturer Installation Instructions, Manufacturer Safety Data Sheets, and Manufacturer Operating Manuals, including the issue of training or competency certificates where applicable;
   2. servicing or repair of Equipment supplied by the Company to the Customer;
   3. servicing or repair of other equipment by agreement; and
   4. such other services as may be agreed between the parties.
3. Where Services are provided directly by a Manufacturer or its authorised representative, such Services may include:
   1. training in the proper use and installation of Products or Equipment in accordance with Manufacturer documentation, including the provision of training certificates where applicable;
   2. servicing or repair of Equipment manufactured by the Manufacturer and supplied by the Company;
   3. technical support relating to the use or installation of Products or Equipment; and
   4. other services offered by the Manufacturer from time to time.
4. The scope, pricing, and any specific terms applicable to Services will be set out in the relevant invoice or written agreement issued by the Company.
5. Where the Customer hires Equipment from the Company, the Customer must, and must ensure that its employees, contractors, and agents (Customer Representative), comply with the following obligations:
   1. prior to collection or delivery of Equipment, maintain insurance coverage for loss, theft, or damage to the Equipment up to its full replacement value, together with appropriate public and product liability insurance relating to the use of the Equipment;
   2. comply with all Manufacturer Operating Manuals, instructions affixed to the Equipment, and any verbal instructions provided by the Company Representatives before hiring the Equipment;
   3. ensure that any person collecting or taking delivery of Equipment on behalf of the Customer is authorised by the Customer to do so and the Customer will not allege that any such person is not so authorised;
   4. ensure that only suitably trained and authorised Customer Representative operate the Equipment and that all required licences or certificates of competency are held where applicable;
   5. conduct a thorough hazard and risk assessment before using the Equipment and comply with all Occupational Health and Safety laws relating to the Equipment and its operation;
   6. ensure all Equipment is safely and properly secured during transport and indemnify the Company for any loss or damage caused by Equipment becoming dislodged from a vehicle or trailer operated by or on behalf of the Customer;
   7. ensure the Equipment is operated only with compatible vehicles, power sources, and ancillary equipment in accordance with the Manufacturer Operating Manual and any instructions issued by the Company;
   8. return the Equipment to the Company when it is due, clean and in good repair;
   9. report and provide full details to the Company of any accident or damage to the Equipment within 2 Business Days of the accident or damage occurring;
   10. not tamper with or damage the Equipment;
   11. not repair the Equipment unless authorised by the Company to do so;
   12. not lose the Equipment or give possession, lease or hire the Equipment to any other person;
   13. not rely upon any representation relating to the Equipment or its operation other than those contained in any Manufacturer Operating Manual;
   14. not allow any person to use or operate the Equipment if the person is affected by drugs or alcohol; and
   15. not exceed the loads or capacities set out in any Regulations or Standards relating to the use of the Equipment, and not exceed any specified loads, capacities or limitations of the Equipment as set out in a Manufacturer Operating Manual.
6. If the Customer hires Equipment from the Company and:
   1. if the Customer fails to return the Equipment by the due date and time specified in the Invoice, the Customer must pay the applicable hire charges for the period from the due date and time until the Equipment is returned to the Company;
   2. where the Equipment is returned in an unclean condition, the Customer is liable for all reasonable cleaning costs incurred by the Company;
   3. the Customer returns the Equipment with damage caused or contributed to by the Customer during its use, transport or operation, and the damage can be repaired to the Equipment's previous or improved condition, the Customer must pay the Company the Price for labour and parts for the repair;
   4. the Customer returns the Equipment with damage caused or contributed to by the Customer during its use, transport or operation, and the damage cannot be repaired to the Equipment's previous or improved condition, the Customer must pay the Company the writeoff cost for the Equipment;
   5. the Customer fails to return the Equipment on the date and time set out in a written notice provided by the Company, if the Company nominates that it will attempt to recover the Equipment from the Customer then the Customer must pay the Company the Price for labour and other costs to recover the Equipment, whether recovered or not;
   6. the Customer fails to return the Equipment on the date and time set out in a written notice provided by the Company, and the Company at its sole discretion nominates that it will not recover the Equipment, the Customer must pay the Company the Price for the new replacement of the Equipment not returned; and
   7. the Customer agrees it will not withhold payments of the Price set out in this clause pending any insurance claim it may have against its insurer.
7. If the Company offers to service or repair Equipment purchased from the Company or procures the Manufacturer to offer service or repair Equipment, the Company and the Manufacturer will:
   1. exercise due care to repair or service the Equipment sold by the Company in accordance with the Manufacturer Technical Data Sheets and other instructions;
   2. exercise due care to repair or service other equipment not sold by the Company; and
   3. use genuine parts wherever possible.

Credit Granting

1. The Company may accept an Order and allow credit for part or all of its value or may accept an Order and require pre-payment as a condition of delivery. Credit approval once granted may be withdrawn at any time at the Company's absolute discretion. Where credit approval has not been granted, or is withdrawn, payment of all Products or Equipment supplied is required before Delivery Date. Where credit has been approved for the Customer, all invoices issued by the Company are due and payable no later than fourteen (14) days following the date of the invoice.

Credit Policy and Default

1. The Company may charge interest on all amounts not paid by the Customer under the Terms and Conditions within the term for payment at a rate of 10% per calendar month calculated from the due date and accruing monthly therefrom until the date of payment. If the Customer defaults in payment of any invoice when due and payable under the Terms and Conditions, the Customer shall indemnify the Company from and against all expenses, costs and disbursements suffered or incurred by the Company in pursuing the debt including all reasonably charged legal costs on a "solicitor and own client" basis and the fees charged to the Company by any mercantile agency. Without limiting any other right or entitlement of the Company, if the Customer fails to make any payment under the Terms and Conditions by the due date, the Company may at its sole discretion:
   1. cancel any provision of credit to the Customer;
   2. reverse any rebates and discounts allowed;
   3. require cash pre-payment for any further Products, Equipment or Services ordered;
   4. provide to a credit reporting agency details of the payment default;
   5. engage debt collection services and/or commence legal proceedings against the Customer (and any guarantors) for all outstanding amounts, interest and costs;
   6. recover possession of the Products or Equipment pursuant to the retention of title preserved under clause 13;
   7. decline to supply Products, Equipment or Services to the Customer and terminate any other agreement with the Customer; and
   8. exercise any other rights at law.
2. A certificate of debt signed by a representative of the Company shall be prima facie evidence of money owing by the Customer to the Company at that time.
3. If the Customer fails to make any payment payable pursuant to the Terms and Conditions within the Payment Terms or breaches any of the warranties or obligations then the Customer shall be in Default.

Taxes

1. The Company reserves the right, upon production of a tax invoice, to recover from the Customer any Goods and Services Tax (GST) payable in respect of supply of Products, Equipment and Services. Unless expressly included all amounts expressed or described in any agreement, price list or in invoices are GST exclusive.

Responsibility for Design and Specification

1. The Company does not provide engineering, structural, or hydraulic design services. All design calculations, asset assessments, condition ratings, and installation methodologies remain the sole responsibility of the Customer and/or their appointed engineer or designer.
2. Any technical data, liner specifications, design sheets, or recommendations supplied by the Company are provided for general informational purposes only and must not be relied upon as a substitute for independent engineering design. It is the Customer's responsibility to ensure that the Company's Products are selected, designed, and installed in accordance with relevant standards, project requirements, and site conditions.
3. The Customer is responsible for ensuring that all designs and installations comply with applicable standards, codes, asset-owner requirements, and regulatory approvals. The Company makes no representation that the use of its Products or Equipment will satisfy any specific project approval requirements and accepts no responsibility for any consequences arising from a failure to obtain such approvals or certifications.

Delivery

1. Delivery of the Products or Equipment shall be deemed to have taken place when:
   1. the Customer takes possession of the Product or Equipment at the Company's address if the Product or Equipment is collected; or
   2. the Product or Equipment are delivered at the Customer's nominated address (in the event that the Product or Equipment are delivered by the Company or the Company's nominated carrier); or
   3. the Customer's nominated carrier takes possession of the Products or Equipment in which event the carrier shall be deemed to be the Customer's agent.
2. The Company's nominated address shall be the address specified in the Commercial Account Application Form or agreed in writing by the Company.
3. Delivery of Products or Equipment may not be refused by the Customer after an Order has been accepted by the Company. Where prices are stated as inclusive of delivery, delivery is to the delivery point accepted by the Company.
4. The Customer shall make all arrangements necessary to accept delivery of the Products or Equipment whenever they are tendered for delivery. In the event that the Customer is unable or unwilling to accept delivery of the Product or Equipment as arranged, then the Company shall be entitled to charge the Customer for all reasonable costs for the return and redelivery.
5. At the Company's sole discretion the costs of delivery may be claimed from the Customer in addition to the Price or be applied to the Customer's credit account as a charge.
6. Delivery of Products or Equipment to a third party or place nominated in any way by the Customer is deemed to be delivery to the Customer pursuant to the Terms and Conditions.
7. Notwithstanding any specification to the contrary in the Customer's Order the failure of the Company to deliver by a time specified by the Customer shall not entitle the Customer to treat that contract as breached or repudiated.
8. Despite any provision to the contrary, to the maximum extent permitted by law, the Customer acknowledges and agrees that the Company shall not be liable for any loss, cost, damage or expense arising from, or in connection with, any failure by the Company to deliver the Products or Equipment at a specified time, promptly or at all and the failure of the Company to deliver at a specific time, promptly or at all shall not entitle either party to treat the Terms and Conditions as in breach or repudiated.

Passing of Risk

1. If the Company sells Products or Equipment to the Customer, then the risk (but not title) in respect of Products or Equipment sold passes to the Customer immediately upon delivery of the Products or Equipment to the Customer. Once risk in the Products or Equipment passes, the Customer will be solely responsible for the Products or Equipment. This clause will survive termination of the Terms and Conditions.
2. If the Company hires Equipment to the Customer, then:
   1. title in the Equipment remains the property of the Company;
   2. risk of loss and any damage to the Equipment whilst in the possession of the Customer passes to the Customer until the Equipment is returned to the Company;
   3. notwithstanding whether the Company has registered its interest or has perfected first priority security interest in the Equipment under the PPS Act or not, the Customer must do all things necessary including providing consents and signing of documents to ensure the Company's security interest in the Equipment is enforceable, perfected and otherwise under the PPS Act enabling the Company to gain first priority and exercise its rights for its security interest in the Equipment; and
   4. the Customer waives its rights to receive a verification statement under the PPS Act.
3. If the Company has possession of Equipment that is the property of the Customer for the purpose of conducting repairs or servicing of such Equipment, then:
   1. title in the Equipment remains the property of the Customer; and
   2. risk of loss and any damage to the Equipment whilst in the possession of the Company remains with the Customer.

Retention of Title to the Products or Equipment Pending Payment

1. Orders are accepted on condition that ownership of the Products or Equipment shall remain with the Company and shall not pass to the Customer until the Company has received in full (cash or cleared funds) all sums due to it in respect of the Products or Equipment and all other sums which are or which become due to the Company from the Customer on any account or pursuant to these Terms and Conditions of Trade.
2. Until ownership of the Products or Equipment has passed to the Customer, the Customer shall keep the Products or Equipment in question as fiduciary agent and bailee for and on behalf of the Company, and must not do anything which seeks to create an encumbrance, lien, charge or other interest on or over the Products or Equipment.
3. This clause 13 will survive termination of the Terms and Conditions.

Personal Property Securities

1. In this section words in italic shall have the meaning and definitions set out in the PPS Act.
2. The Customer acknowledges that by virtue of the Terms and Conditions the Company has a security interest in the Products or Equipment for the purposes of the PPS Act and the proceeds of sale of such Products or Equipment and to the extent applicable the PPS Act applies to any agreement pursuant to the Terms and Conditions.
3. The Customer acknowledges that the Company may do anything reasonably necessary, including but not limited to registering any security interest which the Company has over the Products or the purchase money security interest (PMSI) in the Products or Equipment on the PPSR in order to perfect the security interest and comply with the requirement of the PPS Act. The Customer agrees to do all things reasonably necessary to assist the Company to undertake the matters set out above. The Customer waives pursuant to section 157(3)(b) of the PPS Act the right to receive notice of a verification statement in relation to any registration on the PPSR.
4. The Customer and the Company agree that, pursuant to section 115 of the PPS Act, the following provisions in the PPS Act do not apply in relation to a security interest in the Products or Equipment to the extent, if any, mentioned:
   1. section 123 (right to seize collateral);
   2. section 125 (obligation to dispose of or retain collateral) in that the Company may extend the time for delay as the Company considers appropriate;
   3. section 126 (apparent possession);
   4. section 129 (apparent possession);
   5. section 130 (notice of disposal), to the extent that it requires the secured party to give a notice to the grantor before disposal;
   6. subsection 132(4) (statement of account if no disposal);
   7. subsection 134(1) (retention of collateral);
   8. section 135 (notice of retention);
   9. section 142 (redemption of collateral); and
   10. section 143 (reinstatement of security agreement).
5. Pursuant to section 275(6) of the PPS Act, the Customer and Company agree that neither will disclose to any interested person information pertaining to the Company's security interest as set out in section 275(1).
6. The Customer undertakes:
   1. promptly to do all things including signing any further documents and providing any further information which the Company may reasonably require to enable it to perfect and maintain the perfection of its security interest or PMSI (including by registration of a financing statement or financing change statement on the PPSR and the Customer warrants that any such information the Customer provides will be complete, accurate and up-to-date in all respects); and
   2. it will give the Company not less than 14 days prior notice of any proposed change in the Customer's name or any other change in the Customer's details (including but not limited to, changes in its address, facsimile number or trading name).

Made to Order "MTO"

1. Despite any provision to the contrary, to the maximum extent permitted by law, any MTO Products or Equipment shall not in any case be eligible for return.
2. Orders placed for MTO Products or Equipment are to be supplied as per quantities run at time of production that may vary by up to 10% of the total quantity in the Order.
3. Where MTO Products or Equipment are held in inventory specifically for the Customer and the Customer discontinues normal, regular purchasing of these MTO Products or Equipment from the Company, then the Customer undertakes to buy at the current purchase price all remaining inventory of these MTO Products within 10 days of receiving notification under these terms from the Company.

Pallets

1. Unless otherwise agreed to in writing all pallets on which Products or Equipment are delivered remain the property of the Company and must be returned to the Company at the Customer's expense in good order and condition (and, in any event, in the order and condition in which the pallets were given to the Customer) to the factory or store of the Company from which they were delivered. Pallets will be deemed to be in the Customer's possession until received at such factory or store. Despite any provision to the contrary, to the maximum extent permitted by law, the Customer bears all risks and costs associated with the pallets until they have been returned to the Company, and the Customer agrees to replace the pallets with pallets of a similar type and quality or reimburse the costs thereof in respect of pallets that are not returned in good order and condition (and, in any event, in the order and condition in which the pallets were given to the Customer) to the Company within one month of delivery of the Products or Equipment.
2. Where Products or Equipment are delivered on a Rented Pallet, the Customer must either replace the equivalent amount of Rented Pallets with the transport company delivering the Products or Equipment or transfer the Rented Pallets through a valid account of the Rented Pallet company. Any Rented Pallets not replaced or transferred shall be invoiced at current replacement cost to the Customer.

Claims and Returns

1. The Customer will inspect and check all Products or Equipment received and within 7 days of receipt notify the Company in writing of any shortage in quantity, defect, incorrect specification, damage or Products or Equipment not in accordance with the Customer's Order (Defect or Defective). The Customer is responsible for checking that Products or Equipment comply with those Ordered prior to use. Despite any provision to the contrary, to the maximum extent permitted by law, after use or expiry of the time stated herein, the Products or Equipment shall be deemed to be free from any Defect at delivery.
2. The Customer agrees that it will not return any of the Products or Equipment without first informing the Company so that a Returns Material Authorisation (RMA) number may be issued by the Company for valid returns. Returned Products or Equipment must be unmarked, in a saleable condition and must include the original packaging. Part pack quantities will not be accepted.
3. Despite any provision to the contrary, to the maximum extent permitted by law, no credit or replacement will be given unless and until Products or Equipment so returned have been verified as being valid for return by the Company, are Defective and are returned with a valid RMA. The Company reserves the right to recover its costs where the returned Products or Equipment prove not to be valid for return or are not Defective. Returned Products or Equipment must be returned to the factory or store of the Company from which they were delivered. All freight, handling and other charges in relation to returning Products or Equipment (other than Products or Equipment defective or not ordered) are the responsibility of the Customer.
4. Despite any provision to the contrary, to the maximum extent permitted by law, the Customer acknowledges and agrees that the Company's sole liability arising from, or in connection with, any Defective Products or Equipment will be limited to the performance of its obligations under clause 17.3. This clause 17.4 will survive the termination of the Terms and Conditions.