Common use of All Agreements Clause in Contracts

All Agreements. 2.1 Except as otherwise agreed by the Company, the terms and conditions of this Agreement shall apply in relation to all sales of Goods and performance of Services by the Company to the Customer and to all purchase orders placed with the Company pursuant to the Customer’s credit account with the Company. In the event of any inconsistencies with prior issued terms and conditions, the Customer acknowledges and agrees that the terms of this Agreement prevail to the extent of any inconsistency in respect of Goods purchased by the Customer or Services requested by the Customer from the Company under its credit account. 2.2 Any additional or different terms and conditions to those set out in this Agreement as may be provided in any communication from the Customer are rejected by the Company and shall not be effective or binding on the Company unless expressly agreed to by the Company’s duly authorised representative in writing. 2.3 The terms in this Agreement are in addition to and in no way intended to limit, vary or exclude any rights conferred by the conditions and warranties implied by the Competition and Consumer Act 2010 (Cth) or by any similar legislation of a State or Territory in Australia which prohibits such limitation, variation or exclusion. 2.4 The Company may from time to time, by notice to the Customer, vary, amend or supersede this Agreement, including any credit limits set by the Company. Unless or except specifically excluded herein, the Company retains any rights and remedies available in any prior or pre-existing agreement. 2.5 Prices of Goods and Services are subject to change without notice. 2.6 Any request from the Customer to the Company for the supply of the Goods or performance of Services on credit shall constitute acceptance of this Agreement. 2.7 The Customer acknowledges that where the Customer consists of more than one party or entity, liability shall be joint and several. 2.8 The Customer agrees to execute any document necessary to grant in favour of the Company any security interest over the Customer’s present and after acquired property, all monies mortgage over a land or any other security over a land. The Customer also consents to the Company’s lodgement of any caveat(s) over any of the Customer’s land in any location. 2.9 Any clerical, administrative, spelling or grammatical errors are subject to correction and do not bind the Company. 2.10 The Customer’s rights under this Agreement are not assignable or transferrable. 2.11 None of the Company’s agents or representatives, other than an authorised manager or officer, are authorised to make any representations, statements, conditions or agreements, and the Company shall not be deemed to be bound by any such unauthorised actions or representations. 2.12 For the avoidance of doubt, where the Customer does not issue the Company a purchase order but instead issues the Company any form of correspondence with the effect of expressing the Customer’s intention for the Company to supply to it any Goods or services (such as by way of email directing the Company to fulfil such supply), such communications shall be treated as purchase orders for the purposes of this Agreement.

All Agreements. 2.1 Except as otherwise agreed by the Company, the terms and conditions of this Agreement These Terms shall apply in relation to all sales of Goods and performance of Services by the Company to the Customer and to all purchase orders placed with the Company pursuant to the Customer’s credit account with the Company. In the event of any inconsistencies with prior issued terms and conditionsinconsistencies, the Customer acknowledges and agrees that the terms of this Agreement prevail to the extent of any inconsistency in respect of Goods purchased by the Customer or Services requested by the Customer from the Company under its credit accountthese Terms prevail. 2.2 Any additional or different terms and conditions to those set out in this Agreement as may be these Terms provided in any communication from the Customer are rejected by the Company and shall not be effective or binding on the Company unless expressly agreed to by the Company’s duly authorised representative in writing. 2.3 The terms in this Agreement These Terms are in addition to and in no way intended to limit, vary or exclude any rights conferred by the conditions and warranties implied by the Competition and Consumer Act 2010 ▇▇▇ ▇▇▇▇ (Cth) or by any similar legislation of a State or Territory in Australia which prohibits such limitation, variation or exclusion. 2.4 The Company may by notice, from time to time, by notice to the Customer, vary, amend amended or supersede this Agreementsuperseded these Terms, including any credit limits set by the Company. Unless or except specifically excluded herein, the Company retains any rights and remedies available in any prior or pre-existing agreement. 2.5 Prices of Goods and Services are subject to change without notice. 2.6 Any request from the Customer to the Company for the supply of the Goods or performance of Services on credit shall constitute acceptance of this Agreementthese Terms. 2.7 The Customer acknowledges that where the Customer consists of more than one party or entity, liability shall be joint and several. 2.8 The Customer agrees to execute any document necessary to grant in favour of the Company any security interest over the Customer’s present and after acquired property, all monies mortgage over a land or any other security over a land. The Customer also consents to the Company’s lodgement of any caveat(s) over any of the Customer’s land in any location. 2.9 Any clerical, administrative, spelling or grammatical Clerical errors are subject to correction and do not bind the Company. 2.10 The Customer’s rights under this Agreement these Terms are not assignable or transferrable, . 2.11 None of the Company’s agents or representatives, other than an authorised manager or officer, are authorised to make any representations, statements, conditions or agreements, and nor is the Company shall not be deemed to be bound by any such unauthorised actions or representations. 2.12 For the avoidance of doubt, where the Customer does not issue the Company a purchase order but instead issues the Company any form of correspondence with the effect of expressing the Customer’s intention for the Company to supply to it any Goods or services (such as by way of email directing the Company to fulfil such supply), such communications shall be treated as purchase orders for the purposes of this Agreement.