PREMIER TAPES & PACKAGING – TERMS AND CONDITIONS OF SALE OF GOODS AND SERVICES

This list of terms reflects some but not all of the terms and conditions of sale (“Terms”) for Budget Packaging Supplies Pty Ltd (ACN 006 580 954) or Budget Tape Imports Pty Ltd (ACN 074 513 554) trading as Premier Tapes & Packaging or Premier Tapes (“Premier”), which are available at www.premiertapes.com.au.

The Terms apply to the customer and to Premier in respect of Goods or Services ordered by the customer. Any terms and conditions set out in the Customer’s purchase order deviating from or inconsistent with the Terms shall not bind Premier.
Risk in the Goods passes at the point of delivery. Premier is deemed to have delivered Goods when they are made available for unloading at the Customer’s nominated delivery point. If goods are to be collected by the Customer from Premier’s place of business, delivery of Goods occurs when the Goods are made available to be loaded on the Customer’s vehicle.
Except as otherwise agreed by Premier in writing, terms of payment are cash on order. Any extension of credit to the Customer by Premier shall be at the sole discretion of Premier and, where extended, unless otherwise advised in writing by Premier, Premier requires payment in full within 30 days of the end of the month in which delivery occurs.
Whilst the risk of Goods passes on delivery, legal and equitable title remains with Premier until payment in full for all debts accrued or owed by the Customer to Premier is received by Premier. Until Premier has received payment for the Goods in full:
1. (a) Premier reserves the right to enter the Customer’s premises and retake possession of the Goods, reserves the right to keep or
  
  resell any Goods repossessed and reserves any other rights it may have at law or under the PPSA; and
2. (b) The Customer agrees to take the Goods as bailee for Premier and must insure the Goods.
Until Premier has received payment for the Goods in full, the customer acknowledges that Premier shall have a Purchase Money Security Interest which attaches over such Goods and their proceeds and a Security Interest on the personal Property Securities Register established by the PPSA and, where reasonable, amend the registration.
The Customer must not grant any other person a Security Interest in respect of the Goods or allow an Excluded Interest to exist over the Goods.
The Customer agrees to do anything (such as obtaining consents, signing and producing documents, producing receipts and getting documents completed and signed) which Premier asks and considers necessary for the purposes of: ensuring that Security Interest created under the Terms is enforceable, perfected and otherwise effective; or enabling Premier to apply for any registration, or give any notification, in connection with a Security interest created under the Terms so that the Security Interest has the priority required by Premier, including anything Premier reasonably asks the Customer to do in connection with the PPSA.
Without prejudice to any other rights premier may have against the Customer, and to the extent permitted by the law:
1. (a) The Customer must indemnify Premier for any Losses incurred by Premier should the Customer breach any of the Terms or cancel
  
  any purchase order or part of a purchase order for the Goods or Services; and
2. (b) The Customer indemnifies Premier against any Claim made or initiated against Premier by any third party in respect of any
  
  damage, death or injury caused by or in any way attributable to the Goods or Services supplied by Premier.
There is no need for Premier to suffer Loss before enforcing clause 8.
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or

refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. These rights are limited to where the Customer is a “consumer” under the Australian Consumer Law.
In addition to any consumer guarantees that Premier may have to provide the Customer under the Australian Consumer Law, Premier provides the customer with limited warranties as described in Premier’s technical data sheets. This warranty expires 3 months after the date of sale of the Goods, unless Premier states otherwise in writing.
Premier shall bear its own costs and expenses of responding to the Customer’s warranty claim. However, the Customer must bear the Customer’s own costs in making a warranty claim and all costs of transport of the Goods to Premier.
In relation to this Warranty, Premier is not required to pay for claims:
(a) made outside of the warranty period;
(b) for consequential or indirect losses, damages, costs, expenses (including loss of profits, loss of revenue, loss of opportunity, loss of

business, loss of reputation, loss of goodwill) or any other losses beyond the normal measure;
(c) where the goods have not been installed in accordance with Premier’s instructions or the manufacturers’ recommendations;
(d) where the Goods have been modified or are otherwise not installed in their original condition; or
(e) where the Goods have been subject to inappropriate use, negligence, accident or any other external factor outside the control of

Premier
To make a warranty claim the Customer must contact Premier directly on (03) 9544 1977 during Business Hours, by email at

sales@premiertapes.com.au or by post PO Box 1092 Huntingdale Vic 3166 within 7 days of identifying the alleged defect and within the

warranty period.
Premier may need to inspect the Goods and may require the Customer to provide Premier with the Goods or access to the Goods within

7 days.
Within 21 days of carrying out any inspection (if necessary) or otherwise within 21 days of the date of the warranty claim, Premier shall

determine whether or not to honour the warranty claim and shall notify the Customer.
Subject to clauses 11-16 and to the extent permitted by the law, all implied conditions, warranties, guarantees and undertakings are

expressly excluded and except as provided in clause 18, Premier is not liable for any Losses arising out of or in connection with any breach of contract by Premier or any negligence of Premier, its employees or agents and the Customer releases Premier from all Claims for such Losses.
To the extent permitted by the law, if Premier is liable for a breach of guarantee implied by the Australian Consumer Law (not being a condition or warranty implied by Section 64 of the Australian Consumer Law) then its liability for a breach of any such guarantee shall be limited, ai tis option, to any one or more of the following:
1. (a) in the case of Goods: the replacement of the Goods or the supply of equivalent goods; the repair of the Goods; the payment of the
  
  cost of replacing the Goods or acquiring equivalent goods, or the payment of the cost of having the Goods repaired:
2. (b) in the case of Services: the supply of the Services again, or the payment of the cost of having the Services supplied again.
The Customer acknowledges that it does not rely and that it is unreasonable for the Customer to rely on the skill or judgement of Premier as to whether the Goods are reasonably fit for the purpose for which the Goods are being acquired or (and the Customer acknowledges that it does not rely and that it is unreasonable to rely on Premier skill or judgement) as to the fitness for purpose for which the Services are being acquired and any materials supplied in connection with those services.
The laws of the State of Victoria govern the Terms. The parties submit to the non-exclusive jurisdiction of the Courts of Victoria and the Federal Court of Australia.
Certain words and phrases used in this list of terms are defined in the Terms.