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Terms and Conditions of Trade

Top Coat Polyurethane Pty Ltd (TCP) TERMS AND CONDITIONS

1. The customer acknowledges and accepts that these terms and conditions shall apply to all orders placed by the customer and accepted by Top Coat Polyurethane from the date of this agreement unless and until the agreement is varied by the parties in writing.

2. The customer shall provide to Top Coat Polyurethane (TCP) full written details of all work to be performed by TCP.

Payment of Accounts

3.1 The customer shall pay all invoices rendered by TCP within the trading terms agreed in writing by TCP.

3.2 In the event that the customer’s total liabilities to TCP exceed the approved credit limit, TCP may request payment of outstanding invoices before performing or releasing further work.

3.3 TCP shall be entitled to an additional payment of 5% per month calculated daily on all amounts outstanding beyond agreed trading terms for more than thirty days.

Charges

4. Where TCP have not provided a written quotation for a specific order then TCP shall be entitled to charge for such work based on the rate per square metre charged for such work by TCP from time to time (as displayed at www.top-coat.com.au) provided that:

i) Any order of less than 5 square metres in total shall be subject to a small orders set up charge;

ii) Additional charges may be applied for routered grooves and mouldings, wrapping if required, transport if required and additional preparation if required;

iii) The area of irregularly shaped panels shall be calculated as the maximum width of such panel x the maximum height (or length) and shall include any areas within the panel which do not require polishing (e.g.: cut out sections or glass inserts).

Quotations

5. Any written quotations are valid for a period of 90 days from the date of such quotation.

Cancellation of Orders

6. Where a customer cancels an order prior to its completion TCP shall be paid for all work performed on the order up to the receipt by TCP of a written notice of cancellation. In the event that TCP has ordered materials for a specific order, which are not normally stocked by TCP, then the customer will be liable to TCP for the full cost of such materials.

Customer's Instructions

7. The customer shall be responsible for providing full instructions to TCP to allow TCP to complete the order. TCP shall not be liable for any error in the completion of any work which is attributable to the customer providing instructions which are not clear or unambiguous.

Preparation of Goods

8.1 TCP's preparation of any order prior to polishing is limited to final fine sanding to remove handling and/or transportation marks.

8.2 TCP's quotations are based on the premise that all orders will be presented to TCP in a state which is ready for polishing and TCP is not responsible for filling nail holes, sanding, removing machine marks or burn marks or any other preparation of the substrate to enable it to be ready for polishing. TCP will not be liable for any defect which is the result of the order not being ready for polishing.

8.3 In the event that TCP is required to perform any preparation work on any order prior to polishing then TCP will be paid for such work as an extra/variation to the original order at appropriate trade rates.

Paint Colours

9.1 The customer will provide the following details in writing:

i) Name of manufacturer of colour scheme;

ii) Colour scheme;

iii) Colour name(s);

iv) Colour number(s).

9.2 The customer shall supply a colour chip to allow TCP to check colour tinting. In the event that the customer fails to supply a colour chip TCP will not be liable for any discrepancy in colours.

9.3 It is recommended that an order be completed in a single job lot to avoid discrepancies that may occur between colour batches.

Stain Colours

10.1 Stain colours vary as a consequence of variations in timber used. TCP will stain to sample but cannot guarantee that final results will match a sample identically.

10.2 To ensure colour consistency within an order the customer should provide an entire order at the one time as TCP cannot guarantee colour consistency between sections of an order which are finished at different times.

10.3 To ensure colour matching of adjacent panels the customer should provide a copy of the relevant plan.

Gloss Level

11.1 Gloss levels can vary depending on the substrate, materials used and weather conditions at the time of application. TCP cannot guarantee consistency of gloss levels between parts of an order which are finished at different times.

Materials

12 Where the customer specifies a particular product TCP may use a suitable alternative product which is equivalent to or superior, in the opinion of TCP, to the product nominated by the customer.

Transport

13.1 TCP is not a common carrier. Any transportation services provided by TCP to the customer may result in an additional charge being incurred. TCP shall not be liable for any damage caused to the customer's goods during transportation howsoever caused and the customer hereby indemnifies TCP against all claims arising out of any damage caused to the customer's goods whether through negligence, recklessness or any other factor whilst such goods are being transported to or from TCP'S or the customer's premises or elsewhere by TCP, its servants or agents.

Storage

14.1 In the event that the customer does not collect its goods within 14 days of the date on which TCP advises the customer that work on the goods has been completed then the customer shall be liable to pay an additional amount to TCP for storage of the goods until such time as the goods are collected by the customer.

14.2 TCP shall not be liable to the customer for any damage howsoever caused to the goods whilst they are being stored upon TCP'S premises and the customer hereby indemnifies TCP against all claims arising out of any damage caused to the customer's goods whether through negligence, recklessness or any other factor whilst such goods are being stored upon TCP's premises.