TERMS AND CONDITIONS OF SALE
THE GREEN GOANNA PTY LTD
Updated: 26/8/2025

DEFINITIONS
a. ‘We’, ’Us’ refers to Green Goanna Pty Limited (ACN 074 004 756).
b. ‘Consequential loss’ includes loss of goodwill, loss of profits, damages to any equipment arising from the use of the goods.
c. ‘You’ refers to you as the person purchasing the goods from us.
d. The ‘goods’ refers to any property that you purchase from us.

THE SALE

a. You agree to purchase the goods from us for the purchase price appearing on the invoice.
b. The purchase price must be paid within 30 days end of month or within terms as otherwise approved in writing by us. If it has not been paid by that date then we reserve the right to charge you interest on the purchase price (or such part as has not been paid) at the rate of 18% p.a. calculated daily and accruing monthly.
c. You warrant that the goods are to be used for commercial purposes.

WHEN DO THE GOODS BECOME YOURS?

a. We retain the ownership of the goods until you have paid the purchase price.
b. You agree to accept the risk for the goods on your taking possession of them, this means if anything happens to them it is your responsibility and you will still have to pay us the purchase price.
c. You will ensure that the goods are clearly identifiable until you have paid for them.
d. You authorise us, should you not pay for the goods within the required time or should you have an administrator, receiver, liquidator appointed, or otherwise enter into an arrangement with your creditors, to enter any premises you occupy and take possession of the goods and remove them.
e. If you sell the goods before paying us the purchase price then you will hold that money on trust for us.
f. Where we organise delivery of the goods to you then we do so as your agent and you are required to pay to us, in addition to the purchase price, the costs of delivering the goods to you. The risk for the goods passes to you as soon as they leave our premises and you should ensure that your insurance covers any loss from that time.

WHETHER THE GOODS ARE SUITABLE FOR YOUR PURPOSES

a. You acknowledge that you have satisfied yourself that the goods are suitable for the purposes for which you wish to use them.
b. Where we have provided you with any assistance in the selection of the goods relying on information provided by you, we have provided that information in good faith but it is only as good as the information you have provided us and we accept no liability if the information provided was incomplete or inaccurate.

WHAT ARE WE LIABLE FOR?

a. As far as we are allowed under the Trade Practices Act 1974 (as amended) or any other relevant law our liability for any loss or damage which you or any other person may suffer in respect of the goods is limited at our option to one of the following:
i. Replacing the goods
ii. The cost of replacing the goods

b. We will not be liable for any consequential loss arising from the use of the goods.
c. We accept no liability where the goods are not stored and used in accordance with the instructions printed on or accompanying the goods.
d. You will be liable for any loss caused by the leakage, spill etc while the goods are in your possession.

INDEMNITY

If we experience any loss as a consequence of a failure by you to comply with these terms then you agree to pay us the amount of that loss.

CIRCUMSTANCES BEYOND OUR CONTROL

We will not be liable for any failure to fulfil our obligations under this agreement where that failure is a result of an act, omission or circumstance over which we could not reasonably have exercised control.

WHAT HAPPENS IF YOU BECOME INSOLVENT AND/OR BANKRUPT?

If you or, in the event of a company, you or the company’s representative are:
a. Declared bankrupt
b. Unable to pay your debts when they become due and payable
c. Resolve to appoint or have appointed an administrator, liquidator, receiver or official manager

Then any moneys owed to us, whether or not the period for payment on the invoice has expired will become immediately due and payable and we will be entitled to possession of the products.

WHAT HAPPENS IF YOU BREACH THESE TERMS?

a. If you breach any of these terms then we are entitled to take possession of the products which you have not paid us for and/or recover any moneys owing by you.
b. Where we take possession of products, we are entitled to sell the products and recover from you the amount outstanding to us less the amount for which the products were sold and any costs we incur in selling the goods.
c. You irrevocably authorise us in our own capacity and as your agent to enter onto any land or premises where the products are in order to take possession of the products in the event that you have breached the terms of this agreement.
d. Where any payment you make is dishonoured or reversed then you will pay to us any fees incurred as a result or consequence of that dishonour or reversal.
e. Where we have to commence legal or other proceedings against you to recover the monies payable then we will be entitled to also recover these legal costs from you.

WHAT IF THERE IS A PROBLEM WITH THE PRODUCT?

a. You must notify us within seven (7) days of the date of the delivery of the products of any claim, loss or expense in relation to the products. If you fail to do this, then we will not, to the extent that the law enables us, be liable for any claim, loss or expense you seek to recover from us.
b. Unless you specifically inform us prior to your ordering the products, the purpose for which the products are required, we make no warranty as to whether the products provided will be suitable for your purpose and you agree to make no claim in relation to their suitability for your purposes.

OTHER OBLIGATIONS

a. You cannot vary or cancel any order without first advising us in writing or obtaining our written consent to the change or cancellation.
b. We reserve the right to withdraw your credit, withhold supply or put your account on hold at any time without prior notice.
c. Where the person signing this agreement signs on behalf of a company or as an officer of the company they warrant to us that they are authorised to do so by the company.
d. You authorise us including authorisation under section 18H (3) of the Privacy Act to make such inquiries as are necessary for us to assess your credit worthiness and the company’s representative similarly authorises such inquiries in relation to their credit worthiness, including contacting persons nominated in trade references, your bank and any other credit provider.