Common use of Risk Clause in Contracts

Risk. 8.1 Risk of damage to or loss of the Goods passes to the Client on Delivery and the Client must insure the Goods on or before Delivery. 8.2 If any of the Goods are damaged or destroyed following Delivery but prior to ownership passing to the Client, the Seller is entitled to receive all insurance proceeds payable for the Goods. The production of these terms and conditions by the Seller is sufficient evidence of the Seller’s rights to receive the insurance proceeds without the need for any person dealing with the Seller to make further enquiries. 8.3 If the Client requests the Seller to leave Goods outside the Seller’s premises for collection or to deliver the Goods to an unattended location then such Goods shall be left at the Client’s sole risk. 8.4 Where the Seller is to both supply and install Goods then the Seller shall maintain a contract works insurance policy until the Services are completed. Upon completion of the Services all risk for the Services shall immediately pass to the Client. 8.5 The Seller shall be entitled to rely on the accuracy of any plans, specifications and other information provided by the Client. The Client acknowledges and agrees that in the event that any of this information provided by the Client is inaccurate, the Seller accepts no responsibility for any loss, damages, or costs however resulting from these inaccurate plans, specifications or other information. 8.6 Where the Seller is required to install the Goods the Client warrants that the structure of the premises or equipment in or upon which these Goods are to be installed or erected is sound and will sustain the installation and work incidental thereto and the Seller shall not be liable for any claims, demands, losses, damages, costs and expenses howsoever caused or arising in connection with the installation and work incidental thereto. 8.7 The Client agrees to indemnify the Seller against any claims howsoever arising from the provisions in clause 8.6. 8.8 The Client acknowledges and accepts that: (a) Goods supplied may exhibit variations in shade tone, colour, texture, surface and finish, and may fade or change colour over time. The Seller will make every effort to match batches of product supplied in order to minimise such variations but shall not be liable in any way whatsoever where such variations occur; and (b) doors may require a height adjustment following the installation of new flooring. Any such adjustment shall be at the Client’s own cost.

Risk. 8.1 Risk of damage to or loss of the Goods passes to the Client on Delivery and the Client must insure the Goods on or before Delivery. 8.2 7.1 If any of the Goods are damaged or destroyed following Delivery but prior to ownership passing to the Clientrequired, the Seller is entitled to receive all insurance proceeds payable for the Goods. The production of these terms and conditions by the Seller is sufficient evidence of the Seller’s rights to receive the insurance proceeds without the need for any person dealing with the Seller to make further enquiries. 8.3 If the Client requests the Seller to leave Goods outside the Seller’s premises for collection or to deliver the Goods to an unattended location then such Goods shall be left at the Client’s sole risk. 8.4 Where the Seller is to both supply and install Goods then the Seller EME Roofing shall maintain a contract works insurance policy until the Services Works are completed. Upon completion of the Services Works all risk for the Services Works shall immediately pass to the Client. 8.5 The Seller 7.2 EME Roofing may at its discretion notify the Client that it requires to store at the site Materials, fittings and appliances, or plant and tools required for the Works, in which event the Client shall be entitled supply EME Roofing a safe area for storage and shall take all reasonable efforts to rely on the accuracy of any plansprotect all items so stored from possible destruction, specifications and other information provided by the Clienttheft or damage. The Client acknowledges and agrees that in In the event that any such items are destroyed, stolen or damaged then the cost of this information provided by repair or replacement shall be the Client is inaccurate, the Seller accepts no responsibility for any loss, damages, or costs however resulting from these inaccurate plans, specifications or other informationClient’s responsibility. 8.6 Where the Seller is required to install the Goods the 7.3 The Client warrants that the structure of the premises or equipment in or upon which these Goods Materials are to be installed or erected is sound and will sustain the installation and work incidental thereto associated Works, and the Seller EME Roofing shall not be liable for any claims, demands, losses, damages, costs and expenses howsoever caused or arising in connection with the installation and work incidental theretoassociated Works. 8.7 7.4 Where the Client is to supply EME Roofing with any design specifications (including, but not limited to, measurements, plans, CAD drawings, etc.) the Client shall be responsible for providing accurate information. EME Roofing shall not be liable whatsoever for any errors in the Materials that are caused by incorrect or inaccurate information being supplied by the Client. 7.5 The Client acknowledges and agrees that no persons other than those authorised or employed by EME Roofing are to indemnify walk on the Seller against treated roof surface for a period of twenty-one (21) days after completion of the job and at no time are any claims howsoever persons permitted to be in the areas of the Works. EME Roofing shall not be liable for any loss, damages, injuries, or costs however arising resulting from the provisions in clause 8.6Client’s failure to comply with this clause. 8.8 7.6 The Client acknowledges and accepts that: (a) Goods EME Roofing is only responsible for parts that are replaced by EME Roofing and that in the event that other components/goods, subsequently fail, the Client agrees to indemnify EME Roofing against any loss or damage to the Materials, or caused by the Materials, or any part thereof howsoever arising; and (b) EME Roofing’s quotation for repairs to existing tile roofs shall be based only on the replacement of damaged tiles and shall not include the replacement of tiles with slight imperfections unless authorised by the Client prior to the commencement of the Works. If the Client requests the replacement of tiles that have slight imperfections but which EME Roofing does not deem to be defective or that will affect the integrity of the roof, then this shall be a variation to the original quotation and clause 5.2 will apply; and (c) EME Roofing accepts no liability for any subsequent loss or damage (including, but not limited to, internal water damage) to the Client’s property which may occur during the cleaning process if part of the Works, where such loss or damage is due to pre-existing faults or leaks; and (d) Materials supplied may may (i) exhibit variations in shade toneshade, colour, texture, surface and surface, finish, markings and may contain natural fissures, occlusions, lines, indentations and may fade or change colour over time. The Seller EME Roofing will make every effort to match batches of product supplied in order to minimise such variations but shall not be liable in any way whatsoever where such variations occur; and (bii) doors may require expand, contract or distort as a height adjustment following the installation result of new flooring. Any such adjustment shall exposure to heat, cold, weather; and (iii) mark or stain if exposed to certain substances; and (iv) be at the Client’s own costdamaged or disfigured by impact or scratching.

Risk. 8.1 Risk of damage to or loss 10.1 If Maximo retains ownership of the Goods passes Construction Work then: (a) where Maximo is supplying materials for Construction Work only, all risk for the Construction Work shall immediately pass to the Client on Delivery delivery of the materials and the Client must insure the Goods materials of the Construction Work on or before Delivery. 8.2 If any delivery. Delivery of the Goods materials of the Construction Work shall be deemed to have taken place immediately at the time that either; (i) the Client or the Client’s nominated carrier takes possession of the materials of the Construction Work at ▇▇▇▇▇▇ ’s address; or (ii) the materials of the Construction Work are damaged delivered by Maximo or destroyed following Delivery but prior to ownership passing ▇▇▇▇▇▇’s nominated carrier to the Client, ’s nominated delivery address (even if the Seller Client is entitled not present at the address). 10.2 Notwithstanding the provisions of clause 10.1 if the Client specifically requests Maximo to receive all insurance proceeds payable for the Goods. The production of these terms and conditions by the Seller is sufficient evidence leave materials of the Seller’s rights to receive the insurance proceeds without the need for any person dealing with the Seller to make further enquiries. 8.3 If the Client requests the Seller to leave Goods Construction Work outside the SellerMaximo’s premises for collection or to deliver the Goods materials of the Construction Work to an unattended location then such Goods materials of the Construction Work shall always be left at sole risk of the Client and it shall be left the Client’s responsibility to ensure the materials of the Construction Work are insured adequately or at all. In the event that such materials of the Construction Work are lost, stolen, damaged or destroyed then replacement of the materials of the Construction Work shall be at the Client’s sole riskexpense. 8.4 10.3 Where the Seller is to both supply and install Goods then the Seller shall maintain a contract works insurance policy until the Services are completed. Upon completion of the Services all risk for the Services shall immediately pass Maximo gives advice or recommendations to the Client. 8.5 The Seller shall be entitled to rely on , or the accuracy Client’s agent, regarding the suitability of products for the repair or undertaking of any plansConstruction Work, specifications and other information provided by the Client. The Client acknowledges and agrees that in the event that any of this information provided by such advice or recommendations are not acted upon then Maximo shall require the Client is inaccurate, the Seller accepts no responsibility for any loss, damages, or costs however resulting from these inaccurate plans, specifications or other information. 8.6 Where the Seller is required their agent to install the Goods the Client warrants that the structure authorise commencement of the premises or equipment Construction Work in or upon which these Goods are to be installed or erected is sound and will sustain the installation and work incidental thereto and the Seller shall not be liable for any claims, demands, losses, damages, costs and expenses howsoever caused or arising in connection with the installation and work incidental thereto. 8.7 The Client agrees to indemnify the Seller against any claims howsoever arising from the provisions in clause 8.6. 8.8 The Client acknowledges and accepts that: (a) Goods supplied may exhibit variations in shade tone, colour, texture, surface and finish, and may fade or change colour over timewriting. The Seller will make every effort to match batches of product supplied in order to minimise such variations but Maximo shall not be liable in any way whatsoever where for any damages or losses that occur after any subsequent commencement of the Construction Work 10.4 The Client acknowledges that any colours and textures are manually matched to existing features and availability of materials for the Construction Work is achieved to the best of Maximo’s ability and is done with reasonable care and skill. As such variations occurof colour and texture are inherent and may have varying patchiness and unevenness (including, but not limited to, pinto effect, measles effect and lapping, etc.). Maximo shall not be liable for any loss, damages or costs howsoever arising resulting from any variation of the colour or texture between different batches of materials for the Construction Work or mix design. 10.5 Whilst Maximo shall endeavour to match existing finishes, an exact match cannot be guaranteed due to factors beyond Maximo’s control. 10.6 The Client accepts that where any remedial work has been performed as part of the Construction Work, some evidence of the work may be apparent and shall not be considered by ▇▇▇▇▇▇ as a defect. 10.7 The Client shall indemnify Maximo from all responsibility for any colour, aggregate, or texture variations of objects that are in the Construction Work which are outside of Maximo’s control regarding materials for the Construction Work supplied by ▇▇▇▇▇▇’s supplier companies. 10.8 Maximo shall not be liable for any defect in the materials of the Construction Work if the Client does not follow ▇▇▇▇▇▇’s recommendations, including (but not limited to): (a) suitable cleaning instructions of the Construction Work; and (b) doors may require a height adjustment following time and frequency for future repairs. 10.9 Maximo shall not be held responsible for any damage to the installation of new flooringConstruction Work caused by other tradesmen, outside agents or heavy vehicles. Any Where the Client requests Maximo to repair such adjustment shall be at damage then Maximo reserves the Client’s own costright to charge the Client for any costs incurred in rectifying such damage.

Risk. 8.1 Risk of damage to or loss 10.1 If Maximo retains ownership of the Goods passes Construction Work then: (a) where Maximo is supplying materials for Construction Work only, all risk for the Construction Work shall immediately pass to the Client on Delivery delivery of the materials and the Client must insure the Goods materials of the Construction Work on or before Delivery. 8.2 If any delivery. Delivery of the Goods materials of the Construction Work shall be deemed to have taken place immediately at the time that either; (i) the Client or the Client’s nominated carrier takes possession of the materials of the Construction Work at ▇▇▇▇▇▇ ’s address; or (ii) the materials of the Construction Work are damaged delivered by Maximo or destroyed following Delivery but prior to ownership passing ▇▇▇▇▇▇’s nominated carrier to the Client, ’s nominated delivery address (even if the Seller Client is entitled not present at the address). 10.2 Notwithstanding the provisions of clause 10.1 if the Client specifically requests Maximo to receive all insurance proceeds payable for the Goods. The production of these terms and conditions by the Seller is sufficient evidence leave materials of the Seller’s rights to receive the insurance proceeds without the need for any person dealing with the Seller to make further enquiries. 8.3 If the Client requests the Seller to leave Goods Construction Work outside the SellerMaximo’s premises for collection or to deliver the Goods materials of the Construction Work to an unattended location then such Goods materials of the Construction Work shall always be left at sole risk of the Client and it shall be left the Client’s responsibility to ensure the materials of the Construction Work are insured adequately or at all. In the event that such materials of the Construction Work are lost, stolen, damaged or destroyed then replacement of the materials of the Construction Work shall be at the Client’s sole riskexpense. 8.4 10.3 Where the Seller is to both supply and install Goods then the Seller shall maintain a contract works insurance policy until the Services are completed. Upon completion of the Services all risk for the Services shall immediately pass Maximo gives advice or recommendations to the Client. 8.5 The Seller shall be entitled to rely on , or the accuracy Client’s agent, regarding the suitability of products for the repair or undertaking of any plansConstruction Work, specifications and other information provided by the Client. The Client acknowledges and agrees that in the event that any of this information provided by such advice or recommendations are not acted upon then Maximo shall require the Client is inaccurate, the Seller accepts no responsibility for any loss, damages, or costs however resulting from these inaccurate plans, specifications or other information. 8.6 Where the Seller is required their agent to install the Goods the Client warrants that the structure authorise commencement of the premises or equipment Construction Work in or upon which these Goods are to be installed or erected is sound and will sustain the installation and work incidental thereto and the Seller shall not be liable for any claims, demands, losses, damages, costs and expenses howsoever caused or arising in connection with the installation and work incidental thereto. 8.7 The Client agrees to indemnify the Seller against any claims howsoever arising from the provisions in clause 8.6. 8.8 The Client acknowledges and accepts that: (a) Goods supplied may exhibit variations in shade tone, colour, texture, surface and finish, and may fade or change colour over timewriting. The Seller will make every effort to match batches of product supplied in order to minimise such variations but Maximo shall not be liable in any way whatsoever where for any damages or losses that occur after any subsequent commencement of the Construction Work 10.4 The Client acknowledges that any colours and textures are manually matched to existing features and availability of materials for the Construction Work is achieved to the best of Maximo’s ability and is done with reasonable care and skill. As such variations occurof colour and texture are inherent and may have varying patchiness and unevenness (including, but not limited to, pinto effect, measles effect and lapping, etc.). Maximo shall not be liable for any loss, damages or costs howsoever arising resulting from any variation of the colour or texture between different batches of materials for the Construction Work or mix design. 10.5 Whilst Maximo shall endeavour to match existing finishes, an exact match cannot be guaranteed due to factors beyond Maximo’s control. 10.6 The Client accepts that where any remedial work has been performed as part of the Construction Work, some evidence of the work may be apparent and shall not be considered by ▇▇▇▇▇▇ as a defect. 10.7 The Client shall indemnify Maximo from all responsibility for any colour, aggregate, or texture variations of objects that are in the Construction Work which are outside of Maximo’s control regarding materials for the Construction Work supplied by Maximo’s supplier companies. 10.8 Maximo shall not be liable for any defect in the materials of the Construction Work if the Client does not follow ▇▇▇▇▇▇’s recommendations, including (but not limited to): (a) suitable cleaning instructions of the Construction Work; andand‌ (b) doors may require a height adjustment following time and frequency for future repairs. 10.9 Maximo shall not be held responsible for any damage to the installation of new flooringConstruction Work caused by other tradesmen, outside agents or heavy vehicles. Any Where the Client requests Maximo to repair such adjustment shall be at damage then Maximo reserves the Client’s own costright to charge the Client for any costs incurred in rectifying such damage.

Risk. 8.1 Risk of damage to or loss 7.1 If the Seller retains ownership of the Goods passes under clause 10 then: (a) where the Seller is supplying Goods only, all risk for the Goods shall immediately pass to the Client on Delivery delivery and the Client must insure the Goods on or before Delivery. 8.2 If any delivery. Delivery of the Goods shall be deemed to have taken place immediately at the time that either; (i) the Client or the Client’s nominated carrier takes possession of the Goods at the Seller’s address; or (ii) the Goods are damaged delivered by the Seller or destroyed following Delivery but prior to ownership passing the Seller’s nominated carrier to the Client, ’s nominated delivery address (even if the Seller Client is entitled to receive all insurance proceeds payable for not present at the Goods. The production of these terms and conditions by the Seller is sufficient evidence of the Seller’s rights to receive the insurance proceeds without the need for any person dealing with the Seller to make further enquiriesaddress). 8.3 If the Client requests the Seller to leave Goods outside the Seller’s premises for collection or to deliver the Goods to an unattended location then such Goods shall be left at the Client’s sole risk. 8.4 Where (b) where the Seller is to both supply and install Goods then the Seller shall maintain a contract works insurance policy until the Services are completed. Upon completion of the Services all risk for the Services shall immediately pass to the Client. 8.5 7.2 Notwithstanding the provisions of clause 7.1 if the Client specifically requests the Seller to leave Goods outside the Seller’s premises for collection or to deliver the Goods to an unattended location then such materials shall always be left at sole risk of the Client and it shall be the Client’s responsibility to ensure the Goods are insured adequately or at all. In the event that such Goods are lost, damaged or destroyed then replacement of the Goods shall be at the Client’s expense. 7.3 The Client warrants that the existing surface upon which Goods are to be applied, is sound and of suitable condition, and will sustain the application thereof, and the Seller shall not be liable for any claims, demands, losses, damages, costs and expenses howsoever caused or arising caused by the failure or poor integrity of the surface upon which the Goods are applied. Any additional work required to repair surfaces to ensure the performance of the Goods shall be charged in addition to the Price. 7.4 The Seller shall be entitled to rely on the accuracy of any plans, specifications and other information provided by the Client. The Client acknowledges and agrees that in the event that any of this information provided by the Client is inaccurate, the Seller accepts no responsibility for any loss, damages, or costs however resulting from these inaccurate plans, specifications or other information. 8.6 7.5 Where the Seller is required gives advice or recommendations to install the Goods Client, or the Client warrants that Client’s agent, with specific instructions regarding the structure Services and such advice or recommendations are not acted upon, or where the Client’s instructions to the Seller compromises the purpose of the premises or equipment in or upon which these Goods are to be installed or erected is sound and will sustain the installation and work incidental thereto and Services, then the Seller shall not be liable in any way whatsoever for any claims, demands, losses, damages, costs and expenses howsoever caused damages or arising in connection with losses that occur after any subsequent commencement of the installation and work incidental theretoServices. 8.7 The Client agrees to indemnify the Seller against any claims howsoever arising from the provisions in clause 8.6. 8.8 7.6 The Client acknowledges and accepts that: (a) Goods supplied may exhibit variations the Seller is only responsible for parts that are replaced by the Seller and that in shade tonethe event that other parts/goods, coloursubsequently fail, texturethe Client agrees to indemnify the Seller against any loss or damage to the goods, surface and finishor caused by the goods, and may fade or change colour over time. The any part thereof howsoever arising; and (b) whilst the Seller will make every effort to match batches sales samples to the finished Goods the Seller accepts no liability whatsoever where such samples differ to the finished Goods supplied; and (c) variations of product supplied colour and texture may be inherent in order to minimise such variations but the Goods. The Seller shall not be liable in for any way whatsoever where such variations occurloss, damages or costs howsoever arising resulting from any variation of the colour or texture between surfaces, the different areas treated and/or batches supplied; and (bd) doors Goods supplied may require a height adjustment following expand, contract, ▇▇▇▇ or stain if exposed to certain substances and may be damaged or disfigured by impact or scratching; and (e) whilst every care shall be taken by the installation of new flooring. Any such adjustment Seller, any damage to the surrounding area or breakage to the Client’s existing glass, damage to existing paintwork during the Services by the Seller shall be at the Client’s own costrisk.

Risk. 8.1 Risk 12.1 During the Hire Period the Container is at your risk. If it is stolen lost or damaged beyond economic repair you must pay the cost of replacing it with an equivalent new Container and delivering it to the depot from which the Container was hired. You acknowledge the replacement cost of a Container at the time of signing this agreement is between approximately $3,000 and $4,000. 12.2 You are liable for any personal injury death or property loss or damage to or loss arising in any way from the use of the Goods passes to Container during the Client on Delivery and the Client Hire Period. You indemnify us against any claims for actions resulting from injury death loss or damage even if we were negligent or in breach of this agreement. 12.3 You must insure the Goods Container against theft loss or damage during the Hire Period for its replacement value. We will advise you of that value on or before Deliveryrequest. You must also effect public risk insurance relating to the use of the Container for not less than $10,000,000 for any occurrence. 8.2 If any of the Goods are damaged or destroyed following Delivery but prior to ownership passing to the Client, the Seller is entitled to receive all insurance proceeds payable for the Goods. The production of these terms and conditions by the Seller is sufficient evidence of the Seller’s rights to receive the insurance proceeds without the need for any person dealing with the Seller to make further enquiries. 8.3 If the Client requests the Seller to leave Goods outside the Seller’s premises for collection or to deliver the Goods to an unattended location then such Goods shall be left at the Client’s sole risk. 8.4 Where the Seller is to both supply and install Goods then the Seller shall maintain a contract works insurance policy until the Services are completed. Upon completion of the Services all risk for the Services shall immediately pass to the Client. 8.5 The Seller shall be entitled to rely on the accuracy of any plans, specifications and other information provided by the Client. The Client acknowledges and agrees that in the event that any of this information provided by the Client is inaccurate, the Seller accepts no responsibility for any loss, damages, or costs however resulting from these inaccurate plans, specifications or other information. 8.6 Where the Seller is required to install the Goods the Client warrants that the structure of the premises or equipment in or upon which these Goods are to be installed or erected is sound and will sustain the installation and work incidental thereto and the Seller shall not be liable for any claims, demands, losses, damages, costs and expenses howsoever caused or arising in connection with the installation and work incidental thereto. 8.7 The Client agrees to indemnify the Seller against any claims howsoever arising from the provisions in clause 8.6. 8.8 The Client acknowledges and accepts that:12.4 These insurances must (a) Goods supplied may exhibit variations be in shade tone, colour, texture, surface your and finish, and may fade or change colour over time. The Seller will make every effort our joint names; (b) provide for all notices to match batches be given to us as well as you; (c) provide for a waiver of product supplied in order to minimise such variations but shall not be liable in any way whatsoever where such variations occursubrogation rights against us; and (d) include a cross liabilities clause insuring us against liability to you. 12.5 You must provide evidence of these insurances if we request it. 12.6 You must pay the excess on any claim even if we are negligent or in breach of this contract. 12.7 We are not liable for any loss or damage which in any way relates to a failure of the Container to operate or perform as expected, or to delay in delivery or failure to redeliver after maintenance or repairs, including any such loss or damage resulting from our negligence. 12.8 You agree to indemnify us in respect of all claims or costs which may be made against us by any third party arising out of any action taken by us as a result of endeavouring to retake possession of the Container where (a) we have issues with access; (b) doors may require a height adjustment following or you have defaulted and our interests are jeopardised; or (c) Council or the installation landlord of new flooring. Any such adjustment shall the land upon which the Container is located requires the Container to be at removed from the Client’s own costproperty.

Risk. 8.1 Risk 16.1 Irrespective of damage to or loss whether RHCS retains ownership of the Goods passes any Documentation all risk for such items shall pass to the Client on Delivery as soon as such items are delivered to the Client and shall remain with the Client until such time as RHCS may repossess the Documentation in accordance with clause 20.1. The Client must insure the Goods all Documentation on or before Deliverydelivery. 8.2 If 16.2 RHCS reserves its right to seek compensation or damages for any of the Goods are damaged damage, destruction or destroyed following Delivery but prior to ownership passing loss suffered in relation to the Client, the Seller is entitled to receive all insurance proceeds payable for the Goods. The production Documentation as a result of these terms and conditions by the Seller is sufficient evidence of the Seller’s rights to receive the insurance proceeds without the need for any person dealing with the Seller to make further enquiries. 8.3 If the Client requests the Seller to leave Goods outside the Seller’s premises for collection or to deliver the Goods to an unattended location then such Goods shall be left at the Client’s sole riskfailure to insure in accordance with clause 16.1. 8.4 Where the Seller is to both supply and install Goods then the Seller shall maintain a contract works insurance policy until the Services are completed. Upon completion of the Services all risk for the Services shall immediately pass to the Client. 8.5 The Seller 16.3 RHCS shall be entitled to rely on the accuracy of any plans, specifications specifications, geological reports, sample test results and other information provided by the Client. The Client acknowledges and agrees that in In the event that any of this information provided by the Client and/or marking out of the proposed area by the Client is inaccurate, the Seller RHCS accepts no responsibility for any loss, damages, or costs however resulting from these inaccurate plans, specifications or other informationinaccuracies where drilling/Site decisions need to be made by RHCS in the Client absence because the Client has failed to comply with this clause. 8.6 Where 16.4 Without limiting any other term of this Agreement, the Seller is required to install the Goods the Client warrants that the structure of the premises or equipment in or upon which these Goods are to be installed or erected is sound and will sustain the installation and work incidental thereto and the Seller shall not be liable for any claims, demands, losses, damages, costs and expenses howsoever caused or arising in connection with the installation and work incidental thereto. 8.7 The Client agrees to indemnify the Seller against any claims howsoever arising from the provisions in clause 8.6. 8.8 The Client acknowledges and accepts thatClient: (a) warrants that, at the time of entering into this Agreement, it has notified RHCS in writing of all Site Conditions which affect, or might affect, the delivery or implementation of the Goods supplied may exhibit variations or Services under this Agreement; and (b) agrees to indemnify RHCS in shade tone, colour, texture, surface respect of any loss and finishdamage or Claims arising as a result of any Site Condition which was not notified to RHCS in writing at the time of entering into this Agreement in breach of the warranty in clause 16.4(a). 16.5 If during the provision of the Services, and may fade as a result of extraordinary down hole issues, RHCS decides (based on industry experience) that the risk is too great to continue the hole, RHCS shall advise the Client, or change colour over timethe Client’s agent, regarding the risk of continuing. The Seller will make every effort Where such advice is not acted on, and RHCS is requested to match batches continue, then RHCS shall require the Client or their agent to authorise the continuance of product supplied the Services in order to minimise such variations but writing. RHCS shall not be liable in any way whatsoever where for any damages or losses that occur after any subsequent continuance of the Services, and the Client shall reimburse RHCS for any Plant and Equipment lost or damaged, new cost price of the replacement Plant and Equipment will apply. 16.6 In the event that during the course of the Services RHCS discovers any undisclosed waste and/or hazardous materials then RHCS reserves the right to halt all Services and immediately notify the Client. It shall be the responsibility of the Client to arrange the removal of all such variations occur; andmaterials. In the event that RHCS agrees to remove such materials for the Client then this shall be treated as a variation in accordance with clause 5.1 and shall be in addition to the Charges. RHCS under no circumstances shall undertake the removal of asbestos. (b) doors may require a height adjustment following 16.7 Drill cuttings shall not be removed from the installation of new flooringSite. Any drilling fluids shall be spread over the ground except where environmental or other constraints forbid this. Where special requirements are advised by the Client after the Works have commenced to treat or dispose of such adjustment drilling fluid, then any associated treatment or disposal costs shall be at the Client’s own costexpense where a provision for these have not allowed for in the Proposal.

Risk. 8.1 10.1 Risk of damage to or loss of the Goods passes to the Client Buyer on Delivery and the Client Buyer must insure the Goods on or before Delivery. 8.2 10.2 If any of the Goods are damaged or destroyed following Delivery but prior to ownership passing to the ClientBuyer, the Seller is entitled to receive all insurance proceeds payable for the Goods. The production of these terms and conditions by the Seller is sufficient evidence of the Seller’s rights to receive the insurance proceeds without the need for any person dealing with the Seller to make further enquiries. 8.3 10.3 If the Client Buyer requests the Seller to leave Goods outside the Seller’s premises for collection or to deliver the Goods to an unattended location then such Goods shall be left at the ClientBuyer’s sole risk. 8.4 Where 10.4 The Buyer warrants that any structures to which the Seller Goods are to be affixed are able to withstand the installation of the Goods and are of suitable capacity to handle the Goods once installed. If for any reason (including the discovery of asbestos, hazourdous materials or the discovery of latent or unfavourable soil conditions such as liquefaction residue or risk, etc.) that the Seller, or employees of the Seller, reasonably form the opinion that the Buyer’s premises is not safe for the installation of Goods to both supply and install Goods proceed then the Seller shall maintain a contract works insurance policy until the Services are completed. Upon completion of the Services all risk for the Services shall immediately pass to the Client. 8.5 The Seller shall be entitled to rely on delay installation of the accuracy Goods (in accordance with the provisions of any plans, specifications and other information provided by the Client. The Client acknowledges and agrees that in the event that any of this information provided by the Client is inaccurate, clause 9.2 above) until the Seller accepts no responsibility is satisfied that it is safe for any loss, damages, or costs however resulting from these inaccurate plans, specifications or other information. 8.6 the installation to proceed. Where the Seller is required requested to install bring any existing pipework up to standard prior to commencement of the Services, this shall be a variation. 10.5 Where consultation with engineers or other appropriate third parties occur, all associated costs shall be borne by the Buyer. 10.6 Where the Contract does not include installation of the Goods by the Client warrants that the structure of the premises or equipment in or upon which these Goods are to be installed or erected is sound and will sustain the installation and work incidental thereto and Seller, the Seller shall not be liable for any claimsdefect or damage resulting from incorrect or faulty installation. 10.7 The Seller may at its discretion use or recommend contracted installers to install the Goods. The Seller takes care to ensure that these installers are competent, demandstrained and independently insured. Should the Buyer need to make any claim in regards to damage, lossesloss, damages, costs the performance or conduct of such an installer then the Buyer agrees to make such claim direct to the installer in the first instance and expenses howsoever caused or arising shall only involve the Seller in connection such a claim if the Buyer is unable to resolve the issue with the installation and work incidental theretoinstaller. 8.7 10.8 The Client Seller shall not be held liable for any loss, damage or costs that may be incurred by the Buyer where the Buyer has failed to follow the recommendations and/or instructions provided by the Seller or the manufacturer in the correct use and maintenance of the Goods supplied. 10.9 The Buyer acknowledges that the Seller is only responsible for parts that are replaced by the Seller, and in the event that other parts/materials, subsequently fail, the Buyer agrees to indemnify the Seller against any claims loss or damage to the Goods, or caused by the Goods, or any part thereof howsoever arising from the provisions in clause 8.6arising. 8.8 10.10 The Client Buyer acknowledges and accepts thatthat Goods supplied may: (a) Goods supplied may exhibit variations in shade tone, colour, texture, surface and finish, and may fade or change colour over time. The Seller will make every effort ; (b) expand, contract or distort as a result of exposure to match batches of product supplied in order heat, cold, weather; (c) mark or stain if exposed to minimise such variations but shall not be liable in any way whatsoever where such variations occurcertain substances; and (bd) doors be damaged or disfigured by impact or scratching. 10.11 The Seller may require at its discretion notify the Buyer that it requires to store at the site Goods, fittings and appliances, or plant and tools required for the Services, in which event the Buyer shall supply the Seller a height adjustment following safe area for storage and shall take all reasonable efforts to protect all items so stored from possible destruction, theft or damage. In the installation event that any such items are destroyed, stolen or damaged then the cost of new flooring. Any such adjustment repair or replacement shall be at the ClientBuyer’s own costresponsibility.

Risk. 8.1 7.1 Risk of damage to or loss of the Goods passes to the Client Customer on Delivery and the Client Customer must insure the Goods on or before Delivery. 8.2 7.2 If any of the Goods are damaged or destroyed following Delivery but prior to ownership passing to the ClientCustomer, the Seller Expressway Spares is entitled to receive all insurance proceeds payable for the Goods. The production of these terms and conditions by the Seller Expressway Spares is sufficient evidence of the Seller’s Expressway Spares’ rights to receive the insurance proceeds without the need for any person dealing with the Seller Expressway Spares to make further enquiries. 8.3 If 7.3 The Customer acknowledges that Expressway Spares is only responsible for parts that are replaced/supplied by Expressway Spares and does not at any stage accept any liability in respect of components supplied by any other third party that subsequently fail and are found to be the Client requests source of the Seller failure, the Customer agrees to leave Goods outside indemnify Expressway Spares against any loss or damage to the Seller’s premises Goods, or caused thereby, or any part thereof howsoever arising. 7.4 Where the Customer has supplied any materials for collection or Expressway Spares to deliver complete the Goods to an unattended location then such Goods and/or Services under this Contract, the Customer acknowledges that they accept responsibility for the suitability of purpose, quality and any faults inherent in those materials. Expressway Spares shall not be left at responsible for any defects in the Client’s sole riskGoods, any loss or damage howsoever arising from the use of materials supplied by the Customer. 8.4 Where the Seller is to both supply 7.5 The Customer acknowledges that variations of colour and install texture are inherent in Goods then the Seller shall maintain a contract works insurance policy until the Services are completed. Upon completion of the Services all risk for the Services shall immediately pass to the Client. 8.5 The Seller shall be entitled to rely on the accuracy of any plans, specifications and other information provided by the Client. The Client acknowledges and agrees that in the event that any of this information provided by the Client is inaccurate, the Seller accepts no responsibility for any loss, damages, or costs however resulting from these inaccurate plans, specifications or other information. 8.6 Where the Seller is required to install the Goods the Client warrants that the structure of the premises or equipment in or upon which these Goods are to be installed or erected is sound and will sustain the installation and work incidental thereto and the Seller Expressway Spares shall not be liable for any claimsloss, demands, losses, damages, damage or costs and expenses howsoever caused arising resulting from any variation of the colour or arising in connection with the installation and work incidental theretotexture between different batches of product. 8.7 The Client agrees 7.6 Detailed drawings of any services that will be embedded in the Goods are to indemnify be provided to Expressway Spares prior to commencement of any Services. Whilst all due care will be taken no liability will be accepted by Expressway Spares for damage to the Seller against services or any claims howsoever arising from other element embedded in the provisions in clause 8.6Goods. 8.8 The Client acknowledges and accepts that7.7 Expressway Spares shall not be liable for any defect, deterioration and/or damage to the Goods: (a) Goods supplied may exhibit variations in shade tone, colour, texture, surface and finish, and may fade or change colour over time. The Seller will make every effort to match batches of product supplied in order to minimise such variations but shall if the Customer does not be liable in any way whatsoever where such variations occurfollow Expressway Spares’ recommendations; and (b) doors may require a height adjustment following the resulting from incorrect use and/or installation of new flooring. Any such adjustment shall be at the Client’s own costGoods by the Customer or any other third party; and (c) where welding, galvanising (or any other heat related process) has caused distortion or any other damage.

Risk. 8.1 Risk of damage to or loss (a) All goods hired are at the sole risk of the Goods passes Hirer after their delivery. The Hirer shall deposit materials in the Suppliers container equipment in a safe manner to ensure that no spillage results when equipment is transferred to the Client on Delivery Suppliers collecting unit and the Client must insure Hirer shall indemnify the Goods on supplier against all or before Delivery. 8.2 If any of the Goods are damaged or destroyed following Delivery but prior to ownership passing to the Client, the Seller is entitled to receive all insurance proceeds payable for the Goods. The production of these terms and conditions by the Seller is sufficient evidence of the Seller’s rights to receive the insurance proceeds without the need for any person dealing with the Seller to make further enquiries. 8.3 If the Client requests the Seller to leave Goods outside the Seller’s premises for collection or to deliver the Goods to an unattended location then such Goods shall be left at the Client’s sole risk. 8.4 Where the Seller is to both supply and install Goods then the Seller shall maintain a contract works insurance policy until the Services are completed. Upon completion of the Services all risk for the Services shall immediately pass to the Client. 8.5 The Seller shall be entitled to rely on the accuracy of any plans, specifications and other information provided by the Client. The Client acknowledges and agrees that in the event that any of this information provided by the Client is inaccurate, the Seller accepts no responsibility for any loss, damages, damage or costs however resulting from these inaccurate plans, specifications or other information. 8.6 Where liability arising out of any failure by the Seller is required Hirer to install the Goods the Client warrants that the structure of the premises or equipment observe their obligations in or upon which these Goods are to be installed or erected is sound and will sustain the installation and work incidental thereto and the Seller shall not be liable for any claims, demands, losses, damages, costs and expenses howsoever caused or arising in connection with the installation and work incidental thereto. 8.7 The Client agrees to indemnify the Seller against any claims howsoever arising from the provisions in clause 8.6. 8.8 The Client acknowledges and accepts that: (a) Goods supplied may exhibit variations in shade tone, colour, texture, surface and finish, and may fade or change colour over timethis respect. The Seller will make every effort to match batches of product supplied in order to minimise such variations but shall not be liable in any way whatsoever where such variations occur; and (b) doors may require The Suppliers equipment must not be loaded beyond the capacity as stated on the quotation. (c) Materials of obnoxious, dangerous or poisonous nature must not be deposited in the suppliers equipment, (unless by special arrangement and authority of the supplier) Liquids are not acceptable as waste material, and direct and consequential damage due to infringement of this condition is the responsibility of the Hirer, who shall indemnify the Supplier against all and any loss, damage or liability resulting there-from. (d) The Suppliers equipment must on no account be used as incinerators for burning refuse deposited therein. (e) The Hirer does not accept any responsibility for recovery of any materials deposited in the Suppliers equipment. Materials so deposited are presumed abandoned and to be disposed of by the Supplier. (f). The Hirer is responsible for ensuring that the Suppliers equipment does not constitute a height adjustment following nuisance to a third party, whether the installation said equipment is sited on the public highway of new flooringthe Hirers own premises and does not infringe any Statute Order or regulation of local by-laws. Any Hirers are responsible for supplying adequate lighting to the Suppliers equipment if such adjustment equipment is left on the highway overnight. The Hirer is solely responsible for such lighting and if any accident should occur because of the loss of lights or the failure to keep such containers properly lit. The Hirer shall be solely liable and furthermore shall indemnify the Supplier against all actions at law that may arise from Hirers failure to keep the Client’s own costSuppliers equipment properly lit.

Risk. 8.1 Risk of damage to or loss of 9.1 FP retains ownership in the Goods Equipment at all times nonetheless; all risk for the Equipment passes to the Client on Delivery and the Client must insure earlier of collection of the Goods on Equipment from the Client’s premises or before Delivery. 8.2 If any 9.2 The Client accepts full responsibility for the safekeeping of the Goods are damaged Equipment and indemnifies FP for all loss theft or destroyed following Delivery but prior to ownership passing damage to the Client, Equipment howsoever caused and without limiting the Seller is entitled to receive all insurance proceeds payable for the Goods. The production of these terms and conditions by the Seller is sufficient evidence generality of the Seller’s rights foregoing whether or not such loss, theft, or damage is attributable to receive the insurance proceeds without the need for any person dealing with the Seller to make further enquiries. 8.3 If the Client requests the Seller to leave Goods outside the Seller’s premises for collection negligence, failure, or to deliver the Goods to an unattended location then such Goods shall be left at the Client’s sole risk. 8.4 Where the Seller is to both supply and install Goods then the Seller shall maintain a contract works insurance policy until the Services are completed. Upon completion omission of the Services all risk for the Services shall immediately pass to the Client. 8.5 9.3 The Seller Client will insure, or self-insure, FP’s interest in the Equipment against physical loss or damage including, but not limited to, the perils of accident, fire, theft and burglary and all other usual risks and will effect adequate Public Liability Insurance covering any loss, damage or injury to property arising out of the Equipment. Further the Client will not use the Equipment nor permit it to be used in such a manner as would permit an insurer to decline any claim. The Client is to provide FP with evidence of any insurance pursuant to this clause 9.3 prior to Delivery of the Equipment and at any other time during the hire period upon request from FP. 9.4 The Client accepts full responsibility for and shall keep FP indemnified against all liability in respect of all actions, proceedings, claims, damages, costs and expenses in respect of any injury to persons, damage to property, or otherwise arising out of the use of the Equipment during the hire period and whether or not arising from any negligence, failure or omission of the Client or any other persons. 9.5 FP shall be entitled to rely on the accuracy of any plans, specifications and other information provided by the ClientClient for the purposes of estimating quantities and type of Equipment required. The Client acknowledges and agrees that in the event that any of this information provided by the Client is inaccurate, the Seller FP accepts no responsibility for any loss, damages, or costs however resulting from these inaccurate plans, specifications or other informationinformation and that the Client shall pay to the FP any additional Charges required as a result of any such inaccuracies. 8.6 Where 9.6 In the Seller is required event of damage to install the Goods the Client warrants a building as a result of any action by FP’s employees or contractors, FP must be informed in order that the structure of the premises or equipment in or upon which these Goods are FP may inspect such damage before any agreement to rectification costs can be installed or erected is sound and will sustain the installation and work incidental thereto and the Seller shall not be liable for any claims, demands, losses, damages, costs and expenses howsoever caused or arising in connection with the installation and work incidental theretoaccepted. 8.7 The Client agrees to indemnify 9.7 Any Equipment that is erected or dismantled by FP’s trained and licensed employees or contractors shall be as per the Seller against any claims howsoever arising from the provisions in clause 8.6. 8.8 manufacturers and New Zealand Codes of Practice requirements. The Client acknowledges and accepts that: (a) Goods supplied may exhibit variations in shade tone, colour, texture, surface and finish, and may fade or change colour over time. The Seller will make every effort to match batches of product supplied in order to minimise such variations but that FP shall not be liable in any way whatsoever where such variations occur; and (b) doors may require a height adjustment following for any claim made in connection with the installation erection and dismantling of new flooring. Any such adjustment shall be at the Client’s own costEquipment by non-FP employees or contractors.

Risk. 8.1 Risk of damage to or loss of the Goods passes to the Client Customer on Delivery and the Client Customer must insure the Goods on or before Delivery. 8.2 If any of the Goods are damaged or destroyed following Delivery but prior to ownership passing to the ClientCustomer, the Seller WBL is entitled to receive all insurance proceeds payable for the Goods. The production of these terms and conditions by the Seller WBL is sufficient evidence of the SellerWBL’s rights to receive the insurance proceeds without the need for any person dealing with the Seller WBL to make further enquiries. 8.3 If the Client Customer requests the Seller WBL to leave Goods outside the SellerWBL’s premises for collection or to deliver the Goods to an unattended location then such Goods shall be left at the ClientCustomer’s sole risk. 8.4 Where the Seller The Customer acknowledges that WBL is to both supply only responsible for parts that are replaced by WBL and install Goods then the Seller shall maintain a contract works insurance policy until the Services are completed. Upon completion of the Services all risk for the Services shall immediately pass to the Client. 8.5 The Seller shall be entitled to rely on the accuracy of any plans, specifications and other information provided by the Client. The Client acknowledges and agrees that in the event that other parts/Goods, subsequently fail, the Customer agrees to indemnify WBL against any of this information provided loss or damage to the Goods, or caused by the Client is inaccurate, the Seller accepts no responsibility for any loss, damagesGoods, or costs however resulting from these inaccurate plansany part thereof howsoever arising. 8.5 WBL shall not be liable for the loss of or damage to the vehicle, specifications its accessories or other informationcontents while garaged being serviced or being driven in connection with the work authorised unless caused by the negligence of WBL or WBL’s employees. 8.6 Where It is the Seller is required Customer’s responsibility to install the Goods the Client warrants ensure that the structure vehicle is insured against all possible damage (including, but not limited to, the perils of accident, fire, theft and burglary and all other usual risks) whilst stored on WBL’s premises. The vehicle is at all times stored and repaired at the premises Customer’s sole risk. 8.7 If WBL has been requested by the Customer to diagnose a fault that requires disassembly and/or testing, all costs involved will be charged to the Customer irrespective of whether or equipment in not the repair goes ahead. 8.8 If a vehicle or upon which these Goods are to be installed component is submitted for repair under a warranty or erected is sound and will sustain the installation and work incidental thereto insurance claim, and the Seller claim is declined or payment delayed, the Customer is liable for payment and agrees to pay for any such repair. 8.9 The Customer acknowledges that Goods supplied may exhibit variations of colour and shade. While every effort will be taken by WBL to match colour and shade of products, WBL shall not be liable for any claimsloss, demandsdamages or costs howsoever arising resulting from any variation in colour or shading between sale samples or images on WBL’s website, losses, damages, costs and expenses howsoever caused or arising in connection with the installation and work incidental theretofinal product supplied. 8.7 8.10 The Client agrees to indemnify the Seller against any claims howsoever arising from the provisions in clause 8.6. 8.8 The Client Customer further acknowledges and accepts that: (a) that although second hand Goods/panels supplied by WBL shall be serviceable and fit for the purpose, the condition of such Goods supplied may exhibit variations in shade tone, colour, texture, surface and finishvary. No guarantee is made by WBL as to the condition of the Goods, and may fade or change colour over time. The Seller will make every effort to match batches of product supplied in order to minimise such variations but shall not be liable in any way whatsoever where such variations occur; and (b) doors may require a height adjustment following the installation of new flooring. Any such adjustment cosmetic repairs shall be the Customer’s responsibility and at the ClientCustomer’s own cost. 8.11 Further to the above clause, it is WBL’s recommendation that all fuel and oil tanks are cleaned thoroughly prior to fitting.

Risk. 8.1 Risk of damage to or loss If the Contractor retains ownership of the Goods passes Materials under clause 12 then: (a) where the Contractor is supplying Materials only, all risk for the Materials shall immediately pass to the Client on Delivery delivery and the Client must insure the Goods Materials on or before Delivery. 8.2 If any delivery. Delivery of the Goods Materials shall be deemed to have taken place immediately at the time that the Materials are damaged delivered by the Contractor or destroyed following Delivery but prior to ownership passing the Contractor’s nominated carrier to the Client, ’s nominated delivery address (even if the Seller Client is entitled to receive all insurance proceeds payable for not present at the Goods. The production of these terms and conditions by the Seller is sufficient evidence of the Seller’s rights to receive the insurance proceeds without the need for any person dealing with the Seller to make further enquiriesaddress). 8.3 If (b) where the Client requests the Seller to leave Goods outside the Seller’s premises for collection or to deliver the Goods to an unattended location then such Goods shall be left at the Client’s sole risk. 8.4 Where the Seller Contractor is to both supply and install Goods Materials then the Seller Contractor shall maintain a contract works insurance policy until the Services Works are completed. Upon completion of the Services Works all risk for the Services Works shall immediately pass to the Client. 8.5 8.2 Notwithstanding the provisions of clause 8.1 if the Client specifically requests the Contractor to leave Materials outside the Contractor’s premises for collection or to deliver the Materials to an unattended location then such materials shall always be left at sole risk of the Client and it shall be the Client’s responsibility to ensure the Materials are insured adequately or at all. In the event that such Materials are lost, damaged or destroyed then replacement of the Materials shall be at the Client’s expense. 8.3 The Seller Contractor shall be entitled to rely on the accuracy of any plans, specifications and other information provided by the Client. The Client acknowledges and agrees that in the event that any of this information provided by the Client is inaccurate, the Seller Contractor accepts no responsibility for any loss, damages, or costs however resulting from these inaccurate plans, specifications or other information. 8.6 Where 8.4 The Client acknowledges that the Seller presence of plant or tree root growth and/or other blockages may indicate damaged pipe work and therefore where the Contractor is required requested to install merely clear such blockages, the Goods Contractor can offer no guarantee against reoccurrence or further damage. In the event of collapse during the pipe clearing process, the Contractor will immediately advise the Client warrants of the same and shall provide the Client with an estimate for the full repair of the damaged pipe work. 8.5 In the event that the structure Client requests the Contractor to use drain/pipe unblocking equipment, and the Contractor does not recommend the use of such equipment due to the risk of the premises equipment becoming lodged or stuck, the Contractor may require the Client or their agent to authorise commencement of the Works in writing. If the drain/pipe unblocking equipment subsequently becomes lodged or stuck, the Client shall be responsible for the cost of repair, replacement and/or retrieval of said equipment. 8.6 The Client acknowledges and agrees that where the Contractor has performed temporary repairs that: (a) the Contractor offers no guarantee against the reoccurrence of the initial fault, or any further damage caused; and (b) the Contractor will immediately advise the Client of the fault and shall provide the Client with an estimate for the full repair required. 8.7 The Client acknowledges that: (a) the Contractor is only responsible for components that are replaced by the Contractor and does not at any stage accept any liability in or upon which these Goods are respect of previous materials and/or works supplied by any other third party that subsequently fail and found to be installed or erected is sound the source of the failure; (b) where the Client has supplied materials for the Contractor to complete the Works, the Client acknowledges that they accept responsibility for the suitability of purpose, quality and will sustain any faults inherent in those materials; and (c) the installation and work incidental thereto and the Seller Contractor shall not be liable for any claims, demands, losses, damages, costs and expenses howsoever caused loss or arising in connection with damage to the installation and work incidental thereto. 8.7 The Client agrees to indemnify the Seller against Works (or any claims part thereof) howsoever arising from the provisions in clause 8.6. 8.8 The Client acknowledges and accepts that: where sub-clauses (a) Goods supplied may exhibit variations in shade tone, colour, texture, surface and finish, and may fade or change colour over time. The Seller will make every effort to match batches of product supplied in order to minimise such variations but shall not be liable in any way whatsoever where such variations occur; and (b) doors may require a height adjustment following the installation of new flooring. Any such adjustment shall be at the Client’s own cost.

Risk. 8.1 Risk Irrespective of damage to or loss whether the Contractor retains ownership of the Goods passes any Incidental Items all risk for such items shall pass to the Client on Delivery as soon as such items are delivered to the Client and shall remain with the Client until such time as the Contractor may repossess the Incidental Items in accordance with clause 11.3(f). The Client must insure the Goods all Incidental Items on or before Deliverydelivery. 8.2 If The Contractor reserves its right to seek compensation or damages for any damage, destruction or loss suffered in relation to the Incidental Items as a result of the Goods are damaged or destroyed following Delivery but prior Client’s failure to ownership passing to the Client, the Seller is entitled to receive all insurance proceeds payable for the Goods. The production of these terms and conditions by the Seller is sufficient evidence of the Seller’s rights to receive the insurance proceeds without the need for any person dealing insure in accordance with the Seller to make further enquiriesclause 8.1. 8.3 If the Client requests the Seller to leave Goods outside the Seller’s premises for collection or to deliver the Goods to an unattended location then such Goods shall be left at the Client’s sole risk. 8.4 Where the Seller is to both supply and install Goods then the Seller shall maintain a contract works insurance policy until the Services are completed. Upon completion of the Services all risk for the Services shall immediately pass to the Client. 8.5 The Seller shall be entitled to rely on the accuracy of any plans, specifications and other information provided by the Client. The Client acknowledges and agrees that in the event that any of this information provided by the Client is inaccurate, the Seller accepts no responsibility for any loss, damages, or costs however resulting from these inaccurate plans, specifications or other information. 8.6 Where the Seller is required to install the Goods the Client warrants that the structure of the premises or equipment in or upon which these Goods Services are to be installed or erected is sound and will sustain the installation and work Services incidental thereto and the Seller Contractor shall not be liable for any claims, demands, losses, damages, costs and expenses howsoever caused or arising in connection with should the installation and work incidental theretopremises or equipment be unable to accommodate the installation. 8.7 The 8.4 Where the Contractor gives advice or recommendations to the Client, or the Client’s agent, regarding any aspect of the scope of the Services (including but not limited to, a particular course of action, product selection or the condition of goods supplied by the Client agrees to indemnify the Seller against any claims howsoever arising from the provisions in clause 8.6. 8.8 The Client acknowledges and accepts that: (a) Goods supplied may exhibit variations in shade tone, colour, texture, surface and finishbeing inferior), and may fade such advice or change colour over timerecommendations are not acted upon, then the Contractor shall require the Client or their agent to authorise commencement of the Services in writing. The Seller will make every effort to match batches of product supplied in order to minimise such variations but Contractor shall not be liable in any way whatsoever where for any damages or losses that occur after any subsequent commencement of the Services nor will such variations occur; andlosses or damages be deemed a defect. If the Client instructs the Contractor to rectify any damage or defects in the materials supplied, this will become a variation to the original quotation and will be charged at the Contractor’s normal hourly rate. (b) doors 8.5 The Client accepts and acknowledges that any faults with underlying surfaces or structures may require affect the finish of the completed Services. If the Client instructs the Contractor to rectify and/or redo such finishes, this will become a height adjustment following variation to the installation of new flooring. Any such adjustment original quotation. 8.6 The Client acknowledges that they shall be at wholly responsible for any animals and/or children on the worksite. The Client shall ensure that any 8.7 Where the Client has supplied goods for the Contractor to complete the Services, the Client acknowledges that they accept responsibility for the suitability of purpose, quality and any faults inherent in the goods. The Contractor shall not be responsible for any defects in the Services, any loss or damage to the goods (or any part thereof), howsoever arising from the use of goods supplied by the Client’s own cost.

Risk. 8.1 Risk of damage to or loss 9.1 If MMJTLS retains ownership of the Goods passes Materials under clause 14 then where MMJTLS is supplying Materials only, all risk for the Materials shall immediately pass to the Client on Delivery delivery and the Client must insure the Goods Materials on or before Delivery. 8.2 If any delivery. Delivery of the Goods Materials shall be deemed to have taken place immediately at the time that the Materials are damaged delivered by MMJTLS or destroyed following Delivery but prior to ownership passing MMJTLS’s nominated carrier to the Client, ’s nominated delivery address (even if the Seller Client is entitled to receive all insurance proceeds payable for not present at the Goods. The production of these terms and conditions by the Seller is sufficient evidence of the Seller’s rights to receive the insurance proceeds without the need for any person dealing with the Seller to make further enquiriesaddress). 8.3 If 9.2 Notwithstanding the provisions of clause 9.1 if the Client specifically requests the Seller MMJTLS to leave Goods Materials outside the SellerMMJTLS’s premises for collection or to deliver the Goods Materials to an unattended location then such Goods materials shall always be left at sole risk of the Client, and it shall be left the Client’s responsibility to ensure the Materials are insured adequately or at all. If such Materials are lost, damaged, or destroyed then replacement of the Materials shall be at the Client’s sole riskexpense. 8.4 9.3 Where the Seller is to both supply and install Goods then the Seller shall maintain a contract works insurance policy until the Services are completed. Upon completion of the Services MMJTLS has effected delivery, all risk for passes to the Services Client as per clause 9.1 and the Client claims the Materials have been stolen it shall immediately pass be the Client’s responsibility to notify the police and forward evidence to MMJTLS, this shall not excuse the Client from fulfilling their financial obligations under this contract. 9.4 Where MMJTLS gives advice or recommendations to the Client. 8.5 The Seller shall be entitled to rely on the accuracy of any plans, specifications and other information provided by or the Client. The Client acknowledges and agrees that in ’s agent, regarding any aspect of the event that any scope of this information provided the Works (including but not limited to, a particular course of action, product selection or the condition of materials supplied by the Client is inaccuratebeing inferior), and such advice or recommendations are not acted upon, then MMJTLS shall require the Seller accepts no responsibility Client or their agent to authorise commencement of the Works in writing. MMJTLS shall not be liable in any way whatsoever for any loss, damages, damages or costs however resulting from these inaccurate plans, specifications losses that occur after any subsequent commencement of the Works nor will such losses or other informationdamages be deemed adefect. 8.6 Where the Seller is required to install the Goods the Client 9.5 MMJTLS warrants that the structure of the premises or equipment in or upon which these Goods Materials are to be installed or erected is sound and will sustain the installation and work Works incidental thereto and the Seller MMJTLS shall not be liable for any claims, demands, losses, damages, costs and expenses howsoever caused or arising in connection with should the installation and work incidental theretopremises or equipment be unable to accommodate the installation. 8.7 The 9.6 MMJTLS shall not be held liable for any losses, damages or claims resulting from the Client installing the Materials incorrectly or improperly where MMJTLS has supplied the Materials only. Should the Client subsequently request MMJTLS to rectify any such installation undertaken by the Client, MMJTLS shall be entitled to claim all associated costs involved in such remedial Works. 9.7 Whilst MMJTLS will take all due care during installation MMJTLS will not accept any responsibility for tiles or pavers damaged during installation. 9.8 MMJTLS shall not be responsible for digging land out under fence lines nor removal of soil from the work site. 9.9 MMJTLS reserves the right to touch-up all products supplied and installed on the work site to rectify minor blemishes or damage to paintwork. 9.10 If during the Works MMJTLS discovers any fossils, artefacts or any other remains of geological or archaeological interest is discovered MMJTLS reserves the right to halt all Works, remove any of their equipment from the Worksite and immediately notify the Client. Unless subject to clause 27.8, the Client accepts and agrees that all additional costs that may be incurred by MMJTLS as a result of any such delays (including but not limited to indemnify in the Seller against event MMJTLS is unable to remove their equipment from the Worksite, etc.) shall be borne by the Client and shall be treated as a variation in accordance with clause 6.2. 9.11 Where MMJTLS is requested to repair or replace damaged or destroyed fencing, MMJTLS shall endeavour to match the existing fence however, the Client accepts that there may be slight variations in colour or profile which is beyond MMJTLS’s control. 9.12 Where the Client has supplied materials for MMJTLS to complete the Works, the Client acknowledges that he accepts responsibility for the suitability of purpose, quality and any claims faults inherent in the materials. MMJTLS shall not be responsible for any defects in the Works, any loss or damage to the materials (or any part thereof), howsoever arising from the provisions use of materials supplied by the Client. If, in clause 8.6MMJTLS’s judgement, the Client supplied Materials do not come up to the required industry standard, and MMJTLS have to supply replacement Materials, those replacement costs will be passed on to the Client. 8.8 9.13 The Client acknowledges and accepts that: (a) Goods that Materials supplied may exhibit variations in shade toneshade, colour, texture, markings, veining, and contain natural fissures, occlusions, and indentations, surface and finish, and may fade or change colour over time. The Seller MMJTLS will make every effort to match batches of product supplied and to match new Materials to existing items in order to minimise such variations but shall not be liable in any way whatsoever where such variations occur; and. (b) doors may require 9.14 Where fencing is installed on a height adjustment following retaining wall MMJTLS shall not be liable for any movement in the installation fence due to consolidation, or the movement of new flooringsoil or any other component of the retaining wall. 9.15 MMJTLS shall accept no responsibility for any works undertaken by any third-party contractor employed by the Client. Any such adjustment If the Client believes that they have any claim in relation to the works undertaken by that third party, then said claim must be made direct to the third-party contractor in the first instance. Payment for all other associated works shall be at paid direct to that third-party contractor. 9.16 MMJTLS is not responsible for the Client’s own costremoval of rubbish (including, but not limited to, old fencing, old doors, asbestos etc.) from the worksite.

Risk. 8.1 Risk of damage to or loss 7.1 If Weldone retains ownership of the Goods passes under clause 13 then: (a) where Weldone is supplying Goods only, all risk for the Goods shall immediately pass to the Client on Delivery delivery and the Client must insure the Goods on or before Delivery. 8.2 If any delivery. Delivery of the Goods shall be deemed to have taken place immediately at the time that either; (i) the Client or the Client’s nominated carrier takes possession of the Goods at Weldone’s address; or (ii) the Goods are damaged delivered by Weldone or destroyed following Delivery but prior to ownership passing Weldone’s nominated carrier to the Client, ’s nominated delivery address (even if the Seller Client is entitled to receive all insurance proceeds payable for not present at the Goods. The production of these terms and conditions by the Seller is sufficient evidence of the Seller’s rights to receive the insurance proceeds without the need for any person dealing with the Seller to make further enquiriesaddress). 8.3 If the Client requests the Seller to leave Goods outside the Seller’s premises for collection or to deliver the Goods to an unattended location then such Goods shall be left at the Client’s sole risk. 8.4 Where the Seller (b) where Weldone is to both supply and install Goods then the Seller Weldone shall maintain a contract works insurance policy until the Services are completed. Upon completion of the Services all risk for the Services shall immediately pass to the Client. 8.5 The Seller 7.2 Notwithstanding the provisions of clause 7.1 if the Client specifically requests Weldone to leave Goods outside Weldone’s premises for collection or to deliver the Goods to an unattended location then such materials shall always be left at sole risk of the Client and it shall be the Client’s responsibility to ensure the Goods are insured adequately or at all. In the event that such Goods are lost, damaged or destroyed then replacement of the Goods shall be at the Client’s expense. 7.3 Weldone shall be entitled to rely on the accuracy of any plans, specifications and other information provided by the Client. The Client acknowledges and agrees that in the event that any of this information provided by the Client is inaccurate, the Seller Weldone accepts no responsibility for any loss, damages, or costs however resulting from these inaccurate plans, specifications or other information. 8.6 7.4 Where the Seller Client is required to install supply Weldone with any design specifications (including, but not limited to CAD drawings) the Client shall be responsible for providing accurate data. Weldone shall not be liable whatsoever for any errors in the Goods that are caused by incorrect or inaccurate data being supplied by the Client. 7.5 The Client warrants that any structures to which the structure of the premises or equipment in or upon which these Goods are to be installed or erected is sound and will sustain affixed are able to withstand the installation of the Goods and work incidental thereto and are of suitable capacity to handle the Seller shall not be liable Goods once installed. If for any claimsreason (including the discovery of asbestos, demandsor dangerous access to installation sites) that Weldone, lossesor employees of Weldone, damages, costs and expenses howsoever caused or arising reasonably form the opinion that the Client’s premises is not safe for the installation of Goods to proceed then Weldone shall be entitled to delay installation of the Goods (in connection accordance with the provisions of clause 6.2 above) until Weldone is satisfied that it is safe for the installation and work incidental theretoto proceed. 8.7 The Client agrees to indemnify the Seller against any claims howsoever arising from the provisions in clause 8.6. 8.8 7.6 The Client acknowledges that where an anodised surface finish has been selected, slight colour variation may occur between the main unit frame and accepts that:any installation trims used due to the difference in aluminium alloys available and manufacturing standards and tolerances shall not deemed to be a defect in the Goods. (a) 7.7 The Client acknowledges that Goods supplied may exhibit variations in shade tone, colour, texture, surface and finish, and may fade or change colour over time. Weldone will make every effort to match batches of product supplied in order to minimise such variations but shall not be liable in any way whatsoever where such variations occur. 7.8 The Seller Client acknowledges that Goods supplied may: (a) exhibit variations in shade tone, colour, texture, surface and finish, and may fade or change colour over time. Weldone will make every effort to match batches of product supplied in order to minimise such variations but shall not be liable in any way whatsoever where such variations occur; and (b) doors may require fade or change colour over time; and (c) expand, contract or distort as a height adjustment following the installation result of new flooring. Any such adjustment shall exposure to heat, cold, weather; and (d) ▇▇▇▇ or stain if exposed to certain substances; and (e) be at the Client’s own costdamaged or disfigured by impact or scratching.

Risk. 8.1 Risk of damage to or loss of 9.1 Scafit retains property in the Goods Scaffolding nonetheless; all risk for the Scaffolding passes to the Client on Delivery and the Client must insure the Goods on or before Delivery. 8.2 If any 9.2 The Client accepts full responsibility for the safekeeping of the Goods are damaged Scaffolding and indemnifies Scafit for all loss theft or destroyed following Delivery but prior to ownership passing damage to the Client, Scaffolding howsoever caused and without limiting the Seller is entitled to receive all insurance proceeds payable for the Goods. The production of these terms and conditions by the Seller is sufficient evidence generality of the Seller’s rights foregoing whether or not such loss, theft, or damage is attributable to receive the insurance proceeds without the need for any person dealing with the Seller to make further enquiries. 8.3 If the Client requests the Seller to leave Goods outside the Seller’s premises for collection negligence, failure, or to deliver the Goods to an unattended location then such Goods shall be left at the Client’s sole risk. 8.4 Where the Seller is to both supply and install Goods then the Seller shall maintain a contract works insurance policy until the Services are completed. Upon completion omission of the Services all risk for the Services shall immediately pass to the Client. 8.5 9.3 The Seller Client will insure, or self-insure, Scafit’s interest in the Scaffolding against physical loss or damage including, but not limited to, the perils of accident, fire, theft and burglary and all other usual risks and will affect adequate Public Liability Insurance covering any loss, damage or injury to property arising out of the Scaffolding. Further the Client will not use the Scaffolding nor permit it to be used in such a manner as would permit an insurer to decline any claim. 9.4 The Client accepts full responsibility for and shall keep Scafit indemnified against all liability in respect of all actions, proceedings, claims, damages, costs and expenses in respect of any injury to persons, damage to property, or otherwise arising out of the use of the Scaffolding during the hire period and whether or not arising from any negligence, failure or omission of the Client or any other persons. 9.5 Scafit shall be entitled to rely on the accuracy of any plans, specifications and other information provided by the ClientClient for the purposes of estimating quantities and type of Scaffolding required. The Client acknowledges and agrees that in the event that any of this information provided by the Client is inaccurate, the Seller Scafit accepts no responsibility for any loss, damages, or costs however resulting from these inaccurate plans, specifications or other information. 8.6 Where 9.6 In the Seller is required event of damage to install the Goods the Client warrants a building as a result of any action by Scafit’s employees or contractors, Scafit must be informed in order that the structure of the premises or equipment in or upon which these Goods are Scafit may inspect such damage before any agreement to rectification costs can be installed or erected is sound and will sustain the installation and work incidental thereto and the Seller shall not be liable for any claims, demands, losses, damages, costs and expenses howsoever caused or arising in connection with the installation and work incidental theretoaccepted. 8.7 The Client agrees to indemnify 9.7 Any Scaffolding that is erected or dismantled by Scafit’s trained and licensed employees or contractors shall be as per the Seller against any claims howsoever arising from the provisions in clause 8.6. 8.8 manufacturers and New Zealand Codes of Practice requirements. The Client acknowledges and accepts that: (a) Goods supplied may exhibit variations in shade tone, colour, texture, surface and finish, and may fade or change colour over time. The Seller will make every effort to match batches of product supplied in order to minimise such variations but that Scafit shall not be liable in any way whatsoever where such variations occur; and (b) doors may require a height adjustment following for any claim made in connection with the installation erection and dismantling of new flooring. Any such adjustment shall be at the Client’s own costScaffolding by non-Scafit employees or contractors.

Risk. 8.1 Risk of damage to or loss 7.1 If the Seller retains ownership of the Goods passes under clause 11 then: (a) where the Seller is supplying Goods only, all risk for the Goods shall immediately pass to the Client on Delivery delivery and the Client must insure the Goods on or before Deliverydelivery. Delivery of the Goods shall be deemed to have taken place immediately at the time that either; (i) the Client or the Client’s nominated carrier takes possession of the Goods at the Seller’s address; or (ii) the Goods are delivered by the Seller or the Seller’s nominated carrier to the Client’s nominated delivery address (even if the Client is not present at the address). 8.2 (b) where the Seller is to both supply and install Goods then the Seller shall maintain a contract works insurance policy until the Services are completed. Upon completion of the Services all risk for the Services shall immediately pass to the Client. 7.2 If any of the Goods are damaged or destroyed following Delivery delivery but prior to ownership passing to the Client, the Seller is entitled to receive all insurance proceeds payable for the Goods. The production of these terms and conditions by the Seller is sufficient evidence of the Seller’s rights to receive the insurance proceeds without the need for any person dealing with the Seller to make further enquiries. 8.3 If the Client requests the Seller to leave Goods outside the Seller’s premises for collection or to deliver the Goods to an unattended location then such Goods shall be left at the Client’s sole risk. 8.4 Where the Seller is to both supply and install Goods then the Seller shall maintain a contract works insurance policy until the Services are completed. Upon completion of the Services all risk for the Services shall immediately pass to the Client. 8.5 7.3 The Seller shall be entitled to rely on the accuracy of any plansdesigns, specifications (including, but not limited to CAD drawings), measurements and other information provided by the Client. The Client acknowledges and agrees that in the event that any of this information or data provided by the Client is inaccurate, the Seller accepts no responsibility for any loss, damages, or costs however resulting from these inaccurate plansdesigns, specifications specifications, data, measurements or other information. Any additional costs associated with inaccurate information will be invoiced to the Client as a variation in accordance with clause 5.2. 8.6 Where 7.4 In the event the Seller is required to install only supplying Goods and not installing the Goods the Client warrants that the structure of the premises or equipment in or upon which these Goods are to be installed or erected is sound and will sustain the installation and work incidental thereto and Goods, the Seller shall not be liable for any claims, demands, losses, damages, costs and expenses howsoever caused defect or arising in connection with the damage resulting from incorrect or faulty installation and work incidental theretocarried out by any other third party. 8.7 7.5 The Client acknowledges that the Seller is only responsible for Goods that are supplied/repaired by the Seller, and in the event that other components subsequently fail, the Client agrees to indemnify the Seller against any claims loss or damage to the Goods, or caused by the components, or any part thereof howsoever arising from the provisions in clause 8.6arising. 8.8 The 7.6 Where the Seller gives any advice, recommendation, information, assistance or service provided by the Seller in relation to Services supplied is given in good faith to the Client acknowledges or the Client’s agent and accepts that: (a) Goods supplied may exhibit variations is based on the Seller’s own knowledge and experience and shall be accepted without liability on the part of the Seller. Where such advice or recommendations is not acted upon then the Seller shall require the Client or their agent to authorise commencement of the Services in shade tone, colour, texture, surface and finish, and may fade or change colour over timewriting. The Seller will make every effort to match batches of product supplied in order to minimise such variations but shall not be liable in any way whatsoever where such variations occur; and (b) doors may require a height adjustment following for any damages or losses that occur after any subsequent commencement of the installation of new flooring. Any such adjustment shall be at the Client’s own costServices.

Risk. 8.1 11.1 Risk of damage to or loss of the Goods passes to the Client Customer on Delivery and the Client Customer must insure the Goods on or before Delivery. 8.2 11.2 If any of the Goods are damaged or destroyed following Delivery delivery but prior to ownership passing to the ClientCustomer, the Seller Casafico is entitled to receive all insurance proceeds payable for the Goods. The production of these terms and conditions by the Seller Casafico is sufficient evidence of the SellerCasafico’s rights to receive the insurance proceeds without the need for any person dealing with the Seller Casafico to make further enquiries. 8.3 11.3 If the Client Customer requests the Seller Casafico to leave Goods outside the SellerCasafico’s premises for collection or to deliver the Goods to an unattended location location, then such Goods shall be left at the ClientCustomer’s sole risk. 8.4 Where the Seller is to both supply and install Goods then the Seller shall maintain a contract works insurance policy until the Services are completed. Upon completion of the Services all risk for the Services shall immediately pass to the Client. 8.5 11.4 The Seller shall be entitled to rely on the accuracy of any plans, specifications and other information provided by the Client. The Client acknowledges and agrees that in the event that any of this information provided by the Client is inaccurate, the Seller accepts no responsibility for any loss, damages, or costs however resulting from these inaccurate plans, specifications or other information. 8.6 Where the Seller is required to install the Goods the Client Customer warrants that the structure of the premises or equipment in or upon which these Goods are to be installed or erected is sound and will sustain the installation and work Services incidental thereto and the Seller Casafico shall not be liable for any claims, demands, losses, damages, costs and expenses howsoever caused or arising in connection with should the installation and work incidental theretopremises or equipment be unable to accommodate the installation. 8.7 The Client agrees 11.5 Casafico shall not be held liable for any costs, losses or damages where there are delays to indemnify the Seller against any claims howsoever arising from the provisions in clause 8.6pre-constructions work not being completed by either third parties or circumstances beyond Casafico’s control. 8.8 11.6 The Client Customer acknowledges and accepts thatthat Goods supplied may: (a) Goods supplied may exhibit variations in shade tonetexture, shade, colour, texturesurface, surface and finish, markings, veining, and may fade or change colour over time. The Seller will make every effort to match batches of product supplied in order to minimise such variations but shall not be liable in any way whatsoever where such variations occurcontain natural fissures, occlusions, and indentations; and (b) doors may require expand, contract or distort as a height adjustment following result of exposure to heat, cold, weather; and (c) mark or stain if exposed to certain substances; and (d) be damaged or disfigured by impact or scratching 11.7 Casafico shall not be liable for any defect or damage resulting from incorrect or faulty installation carried out by the installation of new flooring. Any such adjustment shall be at the Client’s own costCustomer or any other third party.

Risk. 8.1 9.1 Risk of damage to or loss of the Goods passes to the Client on Delivery and the Client must insure the Goods on or before Delivery. 8.2 9.2 If any of the Goods are damaged or destroyed following Delivery but prior to ownership passing to the Client, the Seller is entitled to receive all insurance proceeds payable for the Goods. The production of these terms and conditions by the Seller is sufficient evidence of the Seller’s rights to receive the insurance proceeds without the need for any person dealing with the Seller to make further enquiries. 8.3 If 9.3 The Seller shall take all reasonable care and skill when undertaking the Client requests Services; but no liability will be accepted by the Seller for any damage howsoever causes, except due to leave the express negligence or the Seller. 9.4 The Seller or its employees may carry out tests on the appliances or Goods outside at the Seller’s premises discretion and the Seller will not be liable for collection (and the Client indemnifies the Seller against) any damages caused to, or to deliver by the Goods to an unattended location then appliances during such Goods shall tests, unless it arises from the recklessness or wilful misconduct of the Seller or its employees. 9.5 Any third-party certification that may be left required can be arranged by the Seller on the Client’s behalf and at the Client’s sole riskexpense. 8.4 Where 9.6 The Seller is only responsible for parts and/or consumables that are replaced/supplied by the Seller is and does not at any stage accept any liability in respect of components supplied by any other third party that subsequently fail and are found to both supply and install Goods then be the Seller shall maintain a contract works insurance policy until the Services are completed. Upon completion source of the Services all risk for the Services shall immediately pass to the Client. 8.5 The Seller shall be entitled to rely on the accuracy of any plans, specifications and other information provided by the Client. The Client acknowledges and agrees that in the event that any of this information provided by the Client is inaccuratefailure, the Seller accepts no responsibility for any loss, damages, or costs however resulting from these inaccurate plans, specifications or other information. 8.6 Where the Seller is required to install the Goods the Client warrants that the structure of the premises or equipment in or upon which these Goods are to be installed or erected is sound and will sustain the installation and work incidental thereto and the Seller shall not be liable for any claims, demands, losses, damages, costs and expenses howsoever caused or arising in connection with the installation and work incidental thereto. 8.7 The Client agrees to indemnify the Seller against any claims loss or damage to the Goods, or caused thereby, or any part thereof howsoever arising. 9.7 Where the Client has supplied any Goods for the Seller to complete the Services under this Contract, that they take responsibility for the suitability of purpose, quality and any faults inherent in those Goods. The Seller shall not be responsible for any defects in the Goods, any loss or damage howsoever arising from the provisions in clause 8.6use of Goods supplied by the Client. 8.8 The Client acknowledges and accepts 9.8 Where the Seller has performed temporary repairs on the appliances that: (a) Goods supplied may exhibit variations in shade tonethe Seller offers no guarantee against the reoccurrence of the initial fault, colour, texture, surface and finish, and may fade or change colour over time. The Seller will make every effort to match batches of product supplied in order to minimise such variations but shall not be liable in any way whatsoever where such variations occurfurther damage caused; and (b) doors may require the Seller will immediately advise the Client of the fault and shall provide the Client with an estimate for the full repair of the appliance. 9.9 The Seller shall upon installation ensure that all appliances are to be installed in a height adjustment following manner that is fully compliant with industry standards. If, for any reason, the Client specifically requires the appliances to be installed in any way which goes against the Seller’s recommendations and/or falls below industry standards; a request detailing that requirement must be made in writing to the Seller. Accordingly, the Seller offers no warranty in regards to the aforementioned. 9.10 The Seller accepts no responsibility for: (a) any damage or defects in any appliances caused by movement and/or interference of the said appliances; and (b) painting, re-decorating, re-sealing, carpentry or any other Services required for the restoration or making good of any surface/area where any Services have been carried out. 9.11 The Client acknowledges that they shall: (a) not be entitled to withhold any payment due under this Contract because of any delay in the connection of, or the supply of electricity to the appliances by an electrical distributor or any other third party; and (b) be responsible for any building work, excavation work, core drilling or any other non-standard surface penetrations that need to be carried out to enable the Seller to carry out the Services. 9.12 If during the course of installation of new flooringwhen the Services are being conducted within and around switchboards that if the same is found defective or deemed to be unsafe by the Seller, then the Seller shall notify the Client immediately. Any The power, if isolated, will not be re-energised until such adjustment time as the existing condition has been rectified and made safe in accordance to the Electrical Safety Regulations. The Client accepts and agrees that any costs associated with the rectification Services including any Goods and labour shall be at the Client’s own costresponsibility of the Client and will be shown as a variation on the invoice.

Risk. 8.1 7.1 Risk of damage to to, loss or loss deterioration of the Goods passes to the Client Buyer on Delivery and the Client Buyer must insure the Goods on or before Delivery. 8.2 7.2 If any of the Goods are damaged or destroyed following Delivery but prior to ownership passing to the ClientBuyer, the Seller is entitled to receive all insurance proceeds payable for the Goods. The production of these terms and conditions by the Seller is sufficient evidence of the Seller’s rights to receive the insurance proceeds without the need for any person dealing with the Seller to make further enquiries. 8.3 7.3 If the Client Buyer requests the Seller to leave Goods outside the Seller’s premises for collection or to deliver the Goods to an unattended location then such Goods shall be left at the ClientBuyer’s sole risk. 8.4 Where the Seller is to both supply and install Goods then the Seller shall maintain a contract works insurance policy until the Services are completed. Upon completion of the Services all risk for the Services shall immediately pass to the Client. 8.5 The Seller shall be entitled to rely on the accuracy of any plans, specifications and other information provided by the Client. 7.4 The Client acknowledges that Goods supplied may exhibit variations in shade, colour, texture, surface and agrees that finish. The Seller will make every effort to match batches of product supplied in the event that order to minimise such variations but shall not be liable in any of this information provided by the Client is inaccurate, the Seller accepts no responsibility for any loss, damages, or costs however resulting from these inaccurate plans, specifications or other informationway whatsoever where such variations occur. 8.6 Where the Seller is required to install the Goods the 7.5 The Client warrants that the structure of the premises or equipment in or upon which these Goods are to be installed or erected is sound and will sustain the installation and work incidental thereto and the Seller shall not be liable for any claims, demands, losses, damages, costs and expenses howsoever caused or arising in connection with should the installation and work incidental theretopremises or equipment be unable to accommodate the installation. 8.7 7.6 the Seller shall not be liable for any defect or damage resulting from incorrect or faulty installation. 7.7 The Client acknowledges that the Seller is only responsible for parts that are replaced/supplied by the Seller and does not at any stage accept any liability in respect of components supplied by any other third party that subsequently fail and are found to be the source of the failure, the Client agrees to indemnify the Seller against any claims loss or damage to the Goods, or caused thereby, or any part thereof howsoever arising. 7.8 Where the Client has supplied materials for the Seller to complete the Goods, the Client acknowledges that they accept responsibility for the suitability of purpose, quality and any faults inherent in those materials. The Seller shall not be responsible for any defects in the Goods, any loss or damage howsoever arising from the provisions in clause 8.6use of materials supplied by the Client. 8.8 The Client acknowledges 7.9 Any advice, recommendation, information, assistance or service provided by the Seller in relation to Goods provided is given in good faith, is based on the Seller’s own knowledge and accepts that: (a) Goods supplied may exhibit variations in shade tone, colour, texture, surface experience and finish, and may fade or change colour over time. The Seller will make every effort to match batches of product supplied in order to minimise such variations but shall not be liable in any way whatsoever where such variations occur; and (b) doors may require a height adjustment following the installation of new flooring. Any such adjustment shall be at accepted without liability on the Client’s own costpart of the Seller and it shall be the responsibility of the Client to confirm the accuracy and reliability of the same in light of the use to which the Client makes or intends to make of the Goods.

Risk. 8.1 Risk of damage to or loss of the Goods passes to the Client Customer on Delivery and the Client Customer must insure the Goods on or before Delivery. 8.2 If any of the Goods are damaged or destroyed following Delivery but prior to ownership passing to the ClientCustomer, the Seller Waimak Engineering is entitled to receive all insurance proceeds payable for the Goods. The production of these terms and conditions by the Seller Waimak Engineering is sufficient evidence of the SellerWaimak Engineering’s rights to receive the insurance proceeds without the need for any person dealing with the Seller Waimak Engineering to make further enquiries. 8.3 If the Client Customer requests the Seller Waimak Engineering to leave Goods outside the SellerWaimak Engineering’s premises for collection or to deliver the Goods to an unattended location then such Goods shall be left at the ClientCustomer’s sole risk. 8.4 Where the Seller is Waimak Engineering is: (a) to both supply and install Goods then the Seller Waimak Engineering shall maintain a contract works insurance policy until the Services are completed. Upon completion of the Services all risk for the Services shall immediately pass to the Client.Customer; and 8.5 The Seller shall be entitled to rely on the accuracy of any plans, specifications and other information provided by the Client. The Client acknowledges and agrees that in the event that any of this information provided by the Client is inaccurate, the Seller accepts no responsibility for any loss, damages, or costs however resulting from these inaccurate plans, specifications or other information. 8.6 Where the Seller is (b) required to install the Goods the Client Customer warrants that the structure of the premises or equipment in or upon which these Goods are to be installed or erected is sound and will sustain the installation and work incidental thereto and the Seller Waimak Engineering shall not be liable for any claims, demands, losses, damages, costs and expenses howsoever caused or arising in connection with the installation and work incidental thereto. 8.7 8.5 The Client agrees to indemnify the Seller against any claims howsoever arising from the provisions in clause 8.6. 8.8 The Client Customer acknowledges and accepts that: (a) Waimak Engineering is only responsible for parts that are replaced by Waimak Engineering and that in the event that other parts/materials, subsequently fail, the Customer agrees to indemnify Waimak Engineering against any loss or damage to the Goods, or caused by the Goods, or any part thereof howsoever arising; (b) stainless steel is a textured material and can be of a porous nature. The Customer accepts that products made from this material can rust and mark easily. The Customer accepts that care should be taken to maintain the finish of and longevity of stainless steel products; (c) where an anodised surface finish has been selected, slight colour variation may occur between the main unit frame and any installation trims used due to the difference in aluminium alloys available and manufacturing standards and tolerances shall not deemed to be a defect in the Goods; (d) Goods supplied may exhibit variations in shade toneshade, colour, texture, surface and surface, finish, markings, veinings, and may contain natural fissures, occlusions, lines, indentations; and may (i) fade or change colour over time. (ii) expand, contract or distort as a result of exposure to heat, cold, weather; (iii) mark or stain if exposed to certain substances; and (iv) be damaged or disfigured by impact or scratching. The Seller Whilst Waimak Engineering will make every effort to match batches of product supplied in order sales samples to minimise such variations but shall not be liable in any way the finished Goods, Waimak Engineering accepts no liability whatsoever where such variations occur; and (b) doors may require a height adjustment following samples differ to the installation of new flooring. Any such adjustment shall be at the Client’s own costfinished Goods supplied.

Risk. 8.1 Risk of damage to or loss of the Goods passes to the Client on Delivery and the Client must insure the Goods on or before Delivery. 8.2 7.1 If any of the Goods are damaged or destroyed following Delivery but prior to ownership passing to the Clientrequired, the Seller is entitled to receive all insurance proceeds payable for the Goods. The production of these terms and conditions by the Seller is sufficient evidence of the Seller’s rights to receive the insurance proceeds without the need for any person dealing with the Seller to make further enquiries. 8.3 If the Client requests the Seller to leave Goods outside the Seller’s premises for collection or to deliver the Goods to an unattended location then such Goods shall be left at the Client’s sole risk. 8.4 Where the Seller is to both supply and install Goods then the Seller EME Roofing shall maintain a contract works insurance policy until the Services Works are completed. Upon completion of the Services Works, all risk for the Services Works shall immediately pass to the Client. 8.5 The Seller 7.2 EME Roofing may, at its discretion notify the Client that it requires to store at the site Materials, fittings and appliances, or plant and tools required for the Works, in which event the Client shall be entitled supply EME Roofing a safe area for storage and shall take all reasonable efforts to rely on the accuracy of any plansprotect all items so stored from possible destruction, specifications and other information provided by the Clienttheft or damage. The Client acknowledges and agrees that in In the event that any such items are destroyed, stolen or damaged then the cost of this information provided by repair or replacement shall be the Client is inaccurate, the Seller accepts no responsibility for any loss, damages, or costs however resulting from these inaccurate plans, specifications or other informationClient’s responsibility. 8.6 Where the Seller is required to install the Goods the 7.3 The Client warrants that the structure of the premises or equipment in or upon which these Goods Materials are to be installed or erected is sound and will sustain the installation and work incidental thereto associated Works, and the Seller EME Roofing shall not be liable for any claims, demands, losses, damages, costs and expenses howsoever caused or arising in connection with the installation and work incidental theretoassociated Works. 8.7 7.4 Where the Client is to supply EME Roofing with any design specifications (including, but not limited to, measurements, plans, CAD drawings, etc.) the Client shall be responsible for providing accurate information. EME Roofing shall not be liable whatsoever for any errors in the Materials that are caused by incorrect or inaccurate information being supplied by the Client. 7.5 The Client acknowledges and agrees that no persons other than those authorised or employed by EME Roofing are to indemnify walk on the Seller against treated roof surface for a period of twenty-one (21) days after completion of the job and at no time are any claims howsoever persons permitted to be in the areas of the Works. EME Roofing shall not be liable for any loss, damages, injuries, or costs however arising / resulting from the provisions in clause 8.6Client’s failure to comply with this clause. 8.8 7.6 The Client acknowledges and accepts that: (a) Goods EME Roofing is only responsible for parts that are replaced by EME Roofing and that in the event that other components/goods, subsequently fail, the Client agrees to indemnify EME Roofing against any loss or damage to the Materials, or caused by the Materials, or any part thereof howsoever arising; and (b) EME Roofing’s quotation for repairs to existing tile roofs shall be based only on the replacement of damaged tiles and shall not include the replacement of tiles with slight imperfections unless authorised by the Client prior to the commencement of the Works. If the Client requests the replacement of tiles that have slight imperfections but which EME Roofing does not deem to be defective or that will affect the integrity of the roof, then this shall be a variation to the original quotation and clause 5.2 will apply; and (c) EME Roofing accepts no liability for any subsequent loss or damage (including, but not limited to, internal water damage) to the Client’s property which may occur during the cleaning process if part of the Works, where such loss or damage is due to pre-existing faults or leaks; and (d) Materials supplied may may (i) exhibit variations in shade toneshade, colour, texture, surface and surface, finish, markings and may contain natural fissures, occlusions, lines, indentations and may fade or change colour over time. The Seller EME Roofing will make every effort to match batches of product supplied in order to minimise such variations but shall not be liable in any way whatsoever where such variations occur; and (bii) doors may require expand, contract or distort as a height adjustment following the installation result of new flooring. Any such adjustment shall exposure to heat, cold and weather; and (iii) mark or stain if exposed to certain substances; and (iv) be at the Client’s own costdamaged or disfigured by impact or scratching.

Risk. 8.1 Risk of damage to or loss of the Goods passes to the Client Customer on Delivery and the Client Customer must insure the Goods on or before Delivery. 8.2 If any of the Goods are damaged or destroyed following Delivery delivery but prior to ownership passing to the ClientCustomer, the Seller Home Options is entitled to receive all insurance proceeds payable for the Goods. The production of these terms and conditions by the Seller Home Options is sufficient evidence of the Seller’s Home Options’ rights to receive the insurance proceeds without the need for any person dealing with the Seller Home Options to make further enquiries. 8.3 If the Client Customer requests the Seller Home Options to leave Goods outside the Seller’s Home Options’ premises for collection or to deliver the Goods to an unattended location then such Goods shall be left at the ClientCustomer’s sole risk. 8.4 Where the Seller is The Customer acknowledges that Goods supplied may: (a) exhibit variations in shade, colour, texture, surface, finish, markings and may contain natural fissures, occlusions, lines, indentations and may fade or change colour over time; and (b) expand, contract or distort as a result of exposure to both supply and install Goods then the Seller shall maintain a contract works insurance policy until the Services are completed. Upon completion of the Services all risk for the Services shall immediately pass heat, cold, weather; and (c) mark or stain if exposed to the Clientcertain substances; and (d) be damaged or disfigured by impact or scratching. 8.5 The Seller shall While every effort will be entitled taken by Home Options to rely on the accuracy match colour or grain of any plansproduct, specifications and other information provided by the Client. The Client acknowledges and agrees that in the event that any of this information provided by the Client is inaccurate, the Seller accepts Home Options will take no responsibility for any lossvariation of grain of timber, damages, or costs however resulting from these inaccurate plans, specifications or granite and other informationnatural products between sale samples and the final product. 8.6 Where the Seller Home Options is required to install the Goods the Client Customer warrants that the structure of the premises or equipment in or upon which these Goods are to be installed or erected is sound and will sustain the installation and work incidental thereto and the Seller Home Options shall not be liable for any claims, demands, losses, damages, costs and expenses howsoever caused or arising in connection with the installation and work incidental thereto. 8.7 The Client agrees to indemnify Where the Seller against any claims howsoever arising from the provisions in clause 8.6. 8.8 The Client acknowledges and accepts that: (a) contract does not include installation of Goods supplied may exhibit variations in shade toneby Home Options, colour, texture, surface and finish, and may fade or change colour over time. The Seller will make every effort to match batches of product supplied in order to minimise such variations but Home Options shall not be liable in for any way whatsoever where such variations occur; anddefect or damage resulting from incorrect or faulty installation. (b) doors may require a height adjustment following the installation of new flooring. Any such adjustment 8.8 Home Options shall be at entitled to rely on the Client’s accuracy of any plans, specifications and other information provided by the Customer. The Customer acknowledges and agrees that in the event that any of this information provided by the Customer is inaccurate, Home Options accepts no responsibility for any loss, damages, or costs however resulting from these inaccurate plans, specifications or other information. 8.9 Any advice, recommendation, information, assistance or service provided by Home Options in relation to Goods or Services supplied is given in good faith, is based on Home Options’ own costknowledge and experience and shall be accepted without liability on the part of Home Options, and it shall be the responsibility of the Customer to confirm the accuracy and reliability of the same in light of the use to which the Customer makes or intends to make of the Goods or Services.

Risk. 8.1 Risk of damage to or loss 9.1 If AFE retains ownership of the Goods passes Materials under clause 14 then where AFE is supplying Materials only, all risk for the Materials shall immediately pass to the Client on Delivery delivery and the Client must insure the Goods Materials on or before Delivery. 8.2 If any delivery. Delivery of the Goods Materials shall be deemed to have taken place immediately at the time that the Materials are damaged delivered by AFE or destroyed following Delivery but prior to ownership passing AFE’s nominated carrier to the Client, ’s nominated delivery address (even if the Seller Client is entitled to receive all insurance proceeds payable for not present at the Goods. The production of these terms and conditions by the Seller is sufficient evidence of the Seller’s rights to receive the insurance proceeds without the need for any person dealing with the Seller to make further enquiriesaddress). 8.3 If 9.2 Notwithstanding the provisions of clause 9.1 if the Client specifically requests the Seller AFE to leave Goods Materials outside the SellerAFE’s premises for collection or to deliver the Goods Materials to an unattended location then such Goods materials shall always be left at sole risk of the Client and it shall be left the Client’s responsibility to ensure the Materials are insured adequately or at all. If such Materials are lost, damaged, or destroyed then replacement of the Materials shall be at the Client’s sole riskexpense. 8.4 9.3 Where the Seller is to both supply and install Goods then the Seller shall maintain a contract works insurance policy until the Services are completed. Upon completion of the Services AFE has affected delivery, all risk for passes to the Services Client as per clause 9.1 and the Client claims the Materials have been stolen it shall immediately pass be the Client’s responsibility to notify the police and forward evidence to AFE, this shall not excuse the Client from fulfilling their financial obligations under this contract. 9.4 Where AFE gives advice or recommendations to the Client. 8.5 The Seller shall be entitled to rely on the accuracy of any plans, specifications and other information provided by or the Client. The Client acknowledges and agrees that in ’s agent, regarding any aspect of the event that any scope of this information provided the Works (including but not limited to, a particular course of action, product selection or the condition of materials supplied by the Client is inaccuratebeing inferior), and such advice or recommendations are not acted upon, then AFE shall require the Seller accepts no responsibility Client or their agent to authorise commencement of the Works in writing. AFE shall not be liable in any way whatsoever for any loss, damages, damages or costs however resulting from these inaccurate plans, specifications losses that occur after any subsequent commencement of the Works nor will such losses or other informationdamages be deemed adefect. 8.6 Where the Seller is required to install the Goods the Client 9.5 AFE warrants that the structure of the premises or equipment in or upon which these Goods Materials are to be installed or erected is sound and will sustain the installation and work Works incidental thereto and the Seller AFE shall not be liable for any claims, demands, losses, damages, costs and expenses howsoever caused or arising in connection with should the installation and work incidental theretopremises or equipment be unable to accommodate the installation. 8.7 The 9.6 AFE shall not be held liable for any losses, damages or claims resulting from the Client installing the Materials incorrectly or improperly where AFE has supplied the Materials only. Should the Client subsequently request AFE to rectify any such installation undertaken by the Client, AFE shall be entitled to claim all associated costs involved in such remedial Works. 9.7 Whilst AFE will take all due care during installation AFE will not accept any responsibility for tiles or pavers damaged during installation. 9.8 AFE reserves the right to touch-up all products supplied and installed on the work site to rectify minor blemishes or damage to paintwork. 9.9 If during the Works AFE discovers any fossils, artefacts or any other remains of geological or archaeological interest is discovered AFE reserves the right to halt all Works, remove any of their equipment from the Worksite and immediately notify the Client. Unless subject to clause 28.9, the Client accepts and agrees that all additional costs that may be incurred by AFE as a result of any such delays (including but not limited to indemnify in the Seller against event AFE is unable to remove their equipment from the Worksite, etc.) shall be borne by the Client and shall be treated as a variation in accordance with clause 6.2. 9.10 Where AFE is requested to repair or replace damaged or destroyed fencing, AFE shall endeavour to match the existing fence however, the Client accepts that there may be slight variations in colour or profile which is beyond AFE’s control. 9.11 Where the Client has supplied materials for AFE to complete the Works, the Client acknowledges that he accepts responsibility for the suitability of purpose, quality, and any claims faults inherent in the materials. AFE shall not be responsible for any defects in the Works, any loss or damage to the materials (or any part thereof), howsoever arising from the provisions use of materials supplied by the Client. If, in clause 8.6AFE’s judgement, the Client supplied Materials do not come up to the required industry standard, and AFE have to supply replacement Materials, those replacement costs will be passed on to the Client. 8.8 9.12 The Client acknowledges and accepts that: (a) Goods that Materials supplied may exhibit variations in shade toneshade, colour, texture, surface markings, veining, and contain natural fissures, occlusions, and indentations, surface, and finish, and may fade or change colour over time. The Seller AFE will make every effort to match batches of product supplied and to match new Materials to existing items in order to minimise such variations but shall not be liable in any way whatsoever where such variations occur; and. (b) doors may require 9.13 Where fencing is installed on a height adjustment following retaining wall AFE shall not be liable for any movement in the installation fence due to consolidation, or the movement of new flooring. Any such adjustment soil or any other component of the retaining wall. 9.14 AFE shall be entitled to rely on the accuracy of any surveyed boundary lines, plans, specifications and other information supplied by the Client. The Client acknowledges and agrees that in the event that any of this information is inaccurate, AFE accepts no responsibility for any loss, damages, or costs resulting from this inaccurate information. 9.15 AFE shall accept no responsibility for any works undertaken by any third-party contractor employed by the Client. If the Client believes that they have any claim in relation to the works undertaken by that third party, then said claim must be made direct to the third-party contractor in the first instance. Payment for all other associated works shall be paid direct to that third-party contractor. 9.16 If third-party damages work already undertaken by AFE, there is no liability to AFE and AFE will be allowed to charge a reasonable fee to fix the damage caused. 9.17 The Client acknowledges that, whilst AFE shall make endeavours to remove from the Worksite all rubbish, excavated material, vegetation, demolished or dismantled structures, AFE shall not be held liable for any small amounts of rubbish and the like, remaining at the Client’s own costWorksite.

Risk. 8.1 Risk of damage to or loss If the Contractor retains ownership of the Goods passes Materials under clause 14 then: (a) where the Contractor is supplying Materials only, all risk for the Materials shall immediately pass to the Client on Delivery delivery and the Client must insure the Goods Materials on or before Delivery.delivery; 8.2 If any of (b) where the Goods are damaged or destroyed following Delivery but prior to ownership passing to the Client, the Seller is entitled to receive all insurance proceeds payable for the Goods. The production of these terms and conditions by the Seller is sufficient evidence of the Seller’s rights to receive the insurance proceeds without the need for any person dealing with the Seller to make further enquiries. 8.3 If the Client requests the Seller to leave Goods outside the Seller’s premises for collection or to deliver the Goods to an unattended location then such Goods shall be left at the Client’s sole risk. 8.4 Where the Seller Contractor is to both supply and install Goods Materials then the Seller Contractor shall maintain a contract works insurance policy until the Services Works are completed. Upon completion of the Services Works all risk for the Services Works shall immediately pass to the Client. 8.5 The Seller 8.2 Notwithstanding the provisions of clause 8.1 if the Client specifically requests the Contractor to leave Materials outside the Contractor’s premises for collection or to deliver the Materials to an unattended location then such materials shall always be left at sole risk of the Client and it shall be entitled to rely on the accuracy of any plans, specifications and other information provided by the Client’s responsibility to ensure the Materials are insured adequately or at all. The Client acknowledges and agrees that in In the event that any such Materials are lost, damaged or destroyed then replacement of this information provided by the Materials shall be at the Client’s expense. 8.3 Where the Contractor gives advice or recommendations to the Client, or the Client’s agent, regarding the suitability of the site for the installation of the Materials, and such advice or recommendations are not acted upon, then the Contractor shall require the Client is inaccurate, to authorise commencement of the Seller accepts no responsibility provision of any Materials/Works in writing. The Contractor shall not be liable in any way whatsoever for any loss, damages, damages or costs however resulting from these inaccurate plans, specifications or other informationlosses that occur after any subsequent commencement. 8.6 Where the Seller is required to install the Goods the 8.4 The Client warrants that the structure of the premises or equipment in or upon which these Goods the Materials are to be installed or erected is sound and will sustain the installation and work incidental thereto and the Seller Contractor shall not be liable for any claims, demands, losses, damages, costs and expenses howsoever caused or arising in connection with should the installation and work incidental theretopremises or equipment be unable to accommodate the installation. 8.7 8.5 Where the Client has supplied any materials for the Contractor to complete the Materials and/or Works under this Contract, the Client acknowledges that they accept responsibility for the suitability of purpose, quality and any faults inherent in those materials. The Client agrees to indemnify Contractor shall not be responsible for any defects in the Seller against Materials, any claims loss or damage howsoever arising from the provisions in clause 8.6use of materials supplied by the Client. 8.8 8.6 The Client acknowledges and accepts that: (a) Goods the Contractor is only responsible for parts that are replaced/supplied may exhibit variations by the Contractor and does not at any stage accept any liability in shade tonerespect of components supplied by any other third party that subsequently fail and are found to be the source of the failure, colourthe Client agrees to indemnify the Contractor against any loss or damage to the Materials, textureor caused thereby, surface and finish, and may fade or change colour over time. The Seller will make every effort to match batches of product supplied in order to minimise such variations but shall not be liable in any way whatsoever where such variations occurpart thereof howsoever arising; and (b) doors may require a height adjustment following variations of colour and texture are inherent in Materials and the installation Contractor shall not be liable for any loss, damage or costs howsoever arising resulting from any variation of new flooring. Any such adjustment shall be at the colour or texture between different batches of product; and (c) it is the Client’s own costresponsibility to organise and be liable for all costs associated with protecting the Materials and shall take all reasonable precautions to protect against destruction or damage howsoever caused. In the event that the Materials are destroyed or damaged, then the cost of repair or replacement shall be borne by the Client. 8.7 Detailed drawings of any services that will be embedded in the Materials are to be provided to the Contractor prior to commencement of any Works. Whilst all due care will be taken no liability will be accepted by the Contractor for damage to the services or any other element embedded in the Materials. 8.8 The Client acknowledges and agrees that: (a) any tangible items susceptible to damage will be removed from the vicinity of the Works (and provide protection where necessary), and agrees that the Contractor shall not be liable for any damage caused to those items through the Clients failure to comply with this clause; and (b) where applicable, shall provide and erect scaffolding to enable the Works to be undertaken Any scaffolding must comply with industry safety standards and any person erecting/dismantling the scaffolding shall be suitably qualified to ensure its safe and proper erection/dismantling, and where necessary, shall hold a current certificate of competency and/or be fully licensed; and (c) the Client shall supply power (three phase where applicable), toilet, eating and first aid facilities if so required. 8.9 It is the responsibility of the Client to ensure that the work area and surrounds are protected and free from hazards (including but not limited to flammable materials), fume extracted and ventilated. The Contractor accepts no liability whatsoever in this respect. 8.10 Where isolation and/or disconnection of overhead powerlines (or shrouding) are required to facilitate the supply of Materials and/or Works under this Contract, this shall be the sole responsibility of the Client. 8.11 The Contractor shall not be liable for any defect, deterioration and/or damage to the Materials: (a) if the Client does not follow the Contractor’s and/or manufacturer’s recommendations; (b) where Materials are stored off site for extended periods of time as a result of any action/inaction by the Client; (c) resulting from incorrect use and/or installation of the Materials by the Client or any other third party. (d) where welding, galvanising (or any other heat related process) has caused distortion or any other damage. 8.12 The Contractor shall take all reasonable care and skill when undertaking the Works; but no liability will be accepted by the Contractor for any damage howsoever causes, except due to the express negligence or the Contractor.

Risk. 8.1 Risk of damage to or loss 9.1 If ▇▇▇▇▇▇ ElectriCool Pty Ltd retains ownership of the Goods passes Materials under clause 14 then: (a) where ▇▇▇▇▇▇ ElectriCool Pty Ltd is supplying Materials only, all risk for the Materials shall immediately pass to the Client on Delivery delivery and the Client must insure the Goods Materials on or before Delivery. 8.2 If any delivery. Delivery of the Goods Materials shall be deemed to have taken place immediately at the time that either: (i) the Client or the Client’s nominated carrier takes possession of the Materials at ▇▇▇▇▇▇ ElectriCool Pty Ltd’s address; or (ii) the Materials are damaged delivered by ▇▇▇▇▇▇ ElectriCool Pty Ltd or destroyed following Delivery but prior to ownership passing ▇▇▇▇▇▇ ElectriCool Pty Ltd’s nominated carrier to the Client, ’s nominated delivery address (even if the Seller Client is entitled to receive all insurance proceeds payable for not present at the Goods. The production of these terms and conditions by the Seller is sufficient evidence of the Seller’s rights to receive the insurance proceeds without the need for any person dealing with the Seller to make further enquiriesaddress). 8.3 If the Client requests the Seller to leave Goods outside the Seller’s premises for collection or to deliver the Goods to an unattended location then such Goods shall be left at the Client’s sole risk. 8.4 Where the Seller (b) where ▇▇▇▇▇▇ ElectriCool Pty Ltd is to both supply and install Goods Materials then the Seller ▇▇▇▇▇▇ ElectriCool Pty Ltd shall maintain a contract works insurance policy until the Services Works are completed. Upon completion of the Services Works all risk for the Services Works shall immediately pass to the Client. 8.5 9.2 Notwithstanding the provisions of clause 9.1 if the Client specifically requests ▇▇▇▇▇▇ ElectriCool Pty Ltd to leave Materials outside ▇▇▇▇▇▇ ElectriCool Pty Ltd’s premises for collection or to deliver the Materials to an unattended location then such materials shall always be left at sole risk of the Client and it shall be the Client’s responsibility to ensure the Materials are insured adequately or at all. In the event that such Materials are lost, damaged or destroyed then replacement of the Materials shall be at the Client’s expense. 9.3 The Seller Client warrants that any structures to which the Materials are to be affixed are able to withstand the installation of the Materials and that any electrical connections (including, but not limited to, meter boxes, main switches, circuit breakers, and electrical cable ) are of suitable capacity to handle the Materials once installed. If, for any reason (including but not limited to, the structure not being watertight, the discovery of asbestos, defective or unsafe wiring, or dangerous access etc.) ▇▇▇▇▇▇ ElectriCool Pty Ltd reasonably forms the opinion that the Client’s property is not safe for the installation of Materials to proceed then ▇▇▇▇▇▇ ElectriCool Pty Ltd shall be entitled to rely on delay installation of the accuracy of Materials (in accordance with clause 7.2) until ▇▇▇▇▇▇ ElectriCool Pty Ltd is satisfied that it is safe for the installation to proceed. ▇▇▇▇▇▇ ElectriCool Pty Ltd may in agreement with the Client bring the property up to a standard suitable for installation to proceed but all such Works undertaken and any plansadditional Materials supplied shall be treated as a variation and be charged for in addition to the Price. 9.4 In the event asbestos or any other toxic substances are discovered at the property, specifications and other information provided by it is the Client’s responsibility to ensure the safe removal of the same. The Client acknowledges and further agrees to indemnify ▇▇▇▇▇▇ ElectriCool Pty Ltd against any costs incurred by ▇▇▇▇▇▇ ElectriCool Pty Ltd as a consequence of such discovery. Under no circumstances will ▇▇▇▇▇▇ ElectriCool Pty Ltd handle removal of asbestos product. 9.5 ▇▇▇▇▇▇ ElectriCool Pty Ltd shall upon installation ensure that all Materials are to be installed in the event a manner that is fully compliant with industry standards. If, for any of this information provided by reason, the Client is inaccuratespecifically requires the Materials to be installed in any way which goes against ▇▇▇▇▇▇ ElectriCool Pty Ltd’s recommendations and/or falls below industry standards; a request detailing that requirement must be made in writing to ▇▇▇▇▇▇ ElectriCool Pty Ltd. Accordingly, ▇▇▇▇▇▇ ElectriCool Pty Ltd offers no warranty in regards to the Seller aforementioned. 9.6 ▇▇▇▇▇▇ ElectriCool Pty Ltd accepts no responsibility for any loss, damages, damage or costs however resulting from these inaccurate plans, specifications or other informationperformance related problems with any Materials where they have not been used and/or maintained in accordance with ▇▇▇▇▇▇ ElectriCool Pty Ltd’s and/or the manufacturers’ recommendations. 8.6 Where 9.7 The Client acknowledges that: (a) ▇▇▇▇▇▇ ElectriCool Pty Ltd is only responsible for components that are replaced by ▇▇▇▇▇▇ ElectriCool Pty Ltd and does not at any stage accept any liability in respect of previous goods and/or services supplied by any other third party that subsequently fail and found to be the Seller is required to install source of the Goods failure;‌ (b) where the Client warrants has supplied goods for ▇▇▇▇▇▇ ElectriCool Pty Ltd to complete the Works, the Client acknowledges that they accept responsibility for the structure suitability of the premises or equipment purpose, quality and any faults inherent in or upon which these Goods are to be installed or erected is sound and will sustain the installation and work incidental thereto and the Seller those goods; and (c) ▇▇▇▇▇▇ ElectriCool Pty Ltd shall not be liable for any claims, demands, losses, damages, costs loss or damage to the Works (or any part thereof) howsoever arising where sub- clauses (a) and expenses howsoever caused or arising in connection with the installation and work incidental thereto(b) applies. 8.7 9.8 The Client agrees acknowledges that all descriptive specifications, claimed efficiency/economy rates, illustrations, drawings, data dimensions, and weights stated in ▇▇▇▇▇▇ ElectriCool Pty Ltd’s fact sheets, price lists or advertising material are indicative only and that they have not relied on such information. 9.9 Where ▇▇▇▇▇▇ ElectriCool Pty Ltd requires that Materials, tools etc. required for the Works be stored at the site, the Client shall supply ▇▇▇▇▇▇ ElectriCool Pty Ltd a safe area for storage and shall take all reasonable efforts to indemnify protect all items from destruction, theft or damage. In the Seller against event that any claims howsoever of the stored items are destroyed, stolen or damaged, then the cost of repair or replacement shall be the Client’s responsibility. 9.10 The Client warrants that no other tradesmen interfere with any Works and/or Materials supplied under this Contract. ▇▇▇▇▇▇ ElectriCool Pty Ltd shall not be liable for any costs, damages or loss however arising from the provisions in clause 8.6Client’s failure to comply with this clause. 8.8 The 9.11 Further to clause 9.10 above, the Client acknowledges and accepts thatthat any damage to the Works/Materials caused by rodent, insect, reptile or any other animal will not be covered by any warranty. 9.12 ▇▇▇▇▇▇ ElectriCool Pty Ltd accepts no responsibility for: (a) Goods supplied may exhibit variations any damage or defects in shade toneany Materials caused by movement and/or interference of the said Materials; (b) painting, colourre-decorating, texturere-sealing, surface and finish, and may fade carpentry or change colour over time. any other Works required for the restoration or making good of any surface/area where any Works have been carried out. 9.13 The Seller will make every effort to match batches of product supplied in order to minimise such variations but shall Client acknowledges that they shall: (a) not be liable entitled to withhold any payment due under this Contract because of any delay in the connection of, or the supply of electricity to the Materials by an electrical distributor or any way whatsoever where such variations occurother third party; and (b) doors may require a height adjustment following be responsible for: (i) any building work, excavation work, core drilling or any other non-standard surface penetrations that need to be carried out to enable ▇▇▇▇▇▇ ElectriCool Pty Ltd to carry out the installation Works; and (ii) any animals and/or children on the worksite; and (iii) the removal of new flooringrubbish from or clean-up of the worksite. (c) ensure that all Materials, plant or equipment which ▇▇▇▇▇▇ ElectriCool Pty Ltd is to supply (or are to connect any of its Materials to) are of the correct type, size, rating, standard, quality, colour and finish, conform with all relevant Australian standards and local statutory requirements, and are as specified in the specifications, drawings and plans upon which ▇▇▇▇▇▇ ElectriCool Pty Ltd based the quotation on and therefore, the Client agrees to indemnify ▇▇▇▇▇▇ ElectriCool Pty Ltd against any costs incurred by ▇▇▇▇▇▇ ElectriCool Pty Ltd in rectifying such errors if required; and (d) provide and have erected scaffolding to enable the Works to be undertaken (where in ▇▇▇▇▇▇ ElectriCool Pty Ltd’s opinion it is deemed necessary). Any such adjustment scaffolding must comply with industry safety standards and any person erecting the scaffolding shall be at suita ▇▇▇ qualified to ensure its safe and proper erection, and where necessary, shall hold a current certificate of competency and/or be fully licensed; and (e) remove any furniture or personal items from the Client’s own costvicinity of the Works, and agrees that ▇▇▇▇▇▇ ElectriCool Pty Ltd shall not be liable for any damage caused to those items through the Clients failure to comply with this clause; and (f) supply electricity, temporary lighting, toilet, eating and first aid facilities if so required.

Risk. 8.1 Risk 3.1 It is The Hirers legal responsibility to comply with and ensure that current Health & Safety regulations are in place and any place of damage to or loss performance is fit for the use intended. A safe electrical supply must be provided. 3.2 The Hirer assumes full responsibility for The Equipment from the time of delivery, the duration of The Contract and such time until The Equipment has been collected. The Hirer assumes responsibility for providing suitable and adequate security arrangements for the safe keeping of the Goods passes equipment during the hire. The Hirer must take all necessary steps(at its own expense) to the Client on Delivery retain possession and the Client must insure the Goods on or before Delivery. 8.2 If any control of the Goods are damaged or destroyed following Delivery but prior to ownership passing to the Client, the Seller is entitled to receive all insurance proceeds payable for the Goods. The production of these terms equipment and conditions by the Seller is sufficient evidence of the Seller’s rights to receive the insurance proceeds without the need for any person dealing with the Seller to make further enquiries. 8.3 If the Client requests the Seller to leave Goods outside the Seller’s premises for collection or to deliver the Goods to an unattended location then such Goods shall be left at the Client’s sole risk. 8.4 Where the Seller is to both supply and install Goods then the Seller shall maintain a contract works insurance policy until the Services are completed. Upon completion of the Services all risk for the Services shall immediately pass to the Client. 8.5 The Seller shall be entitled to rely on the accuracy of any plans, specifications and other information provided by the Client. The Client acknowledges and agrees that in the event of losing possession or control shall take all necessary steps to recover the equipment. The Hirer shall take all reasonable proper care of the Equipment and keep the same in good and serviceable condition (reasonable fair wear and tear excepted) and shall indemnify Just Smile Ltd against loss of or damage to the Equipment howsoever caused and shall give Just Smile Ltd immediate notice of any such damage. The Hirer shall not make or permit to be made any alterations, modifications or additions to the Equipment and shall not carry out any repairs or authorise the carrying out of any repairs to the Equipment by a third party without Just Smile Ltd prior written consent. 3.3 It is a condition of hire that The Hirer has/takes out adequate insurance to cover the equipment hired and Just Smile Ltd reserves the right to see evidence that The Equipment is covered by a suitable policy, prior to checking out the equipment. Just Smile Ltd reserves the right at its discretion to charge the Hirer for any of equipment that is lost, stolen or damaged whether or not this information provided is covered by the Client is inaccuratepolicy taken out by The Hirer. However, this does not reduce the Seller accepts no responsibility liability of The Hirer for any uninsured losses. The Hirer remains liable at all times for any loss, damagestheft or damage to The Equipment by any persons other than representatives of Just Smile Ltd. 3.4 The Hirer is responsible for the conduct of all persons attending the event whether those persons are invited or not. Just Smile Ltd does not take any responsibility for controlling rowdy behaviour, or costs however resulting ejecting unwanted persons from the venue. Just Smile Ltd and its sub-contractors have the right to perform in a safe environment. We reserve the right to terminate the performance should any physical/verbal abuse, or intimidating actions be made to the team. Under these inaccurate plans, specifications or other informationcircumstances no refund will be given. 8.6 Where 3.5 It is the Seller is required to install the Goods the Client warrants that the structure responsibility of the premises Hirer to ensure that all the information passed to The Company is accurate. Where inaccuracies cause a delay or equipment result in or upon which these Goods are to be installed or erected is sound and will sustain the installation and work incidental thereto and the Seller shall not be liable systems being unsuitable for The Event, The Company accepts no liability for any losses. 3.6 The Hirer agrees to indemnify and keep indemnified Just Smile Ltd, against all liabilities, actions, claims, demands, losses, damages, costs and expenses howsoever caused demands suffered or incurred by Just Smile Ltd, as a result of a claim made by a third party arising in connection with out of the installation and work incidental thereto. 8.7 The Client agrees to indemnify state, condition or use of the Seller against any claims howsoever arising from the provisions in clause 8.6. 8.8 The Client acknowledges and accepts that: (a) Goods supplied may exhibit variations in shade tone, colour, texture, surface and finish, and may fade Equipment or change colour over time. The Seller will make every effort to match batches of product supplied in order to minimise such variations but shall not be liable in any way whatsoever where out of its hiring hereunder. 3.7 The hirer shall ensure that the Equipment is operated in a skilful and proper manner by persons competent to operate the same and in all respects in accordance with all instructions and any operations manual provided by Just Smile Ltd for the use of the Equipment and shall ensure that such variations occur; and (b) doors may require a height adjustment following directions and instructions are fully understood and will be observed by all persons operating the installation of new flooring. Any such adjustment shall be at the Client’s own costEquipment.