General Terms & Conditions

1Definitions

1.1: Unless the context otherwise requires, the following definitions shall apply to these terms of trade:
"Fulton Hogan" means Fulton Hogan Limited and any of its related companies that have supplied the goods or services and shall include the successors and assigns of those companies.
"Buyer" means the purchaser of the goods or services from Fulton Hogan and shall include the Buyer's trustees and executors if an individual or its successors, assigns or administrators.
"PPSA" means the Personal Property Securities Act 1999, and associated regulations, as amended from time to time.

2.1: The Buyer shall pay for the goods and services no later than the 20th of the month following the date of Fulton Hogan's invoice. If the Buyer fails to pay the full amount due on or before the due date Fulton Hogan (without prejudice to its other rights and remedies) shall be entitled to charge the Buyer interest on the amount outstanding from the due date until payment. The interest rate shall be Westpac Banking Corporation's Indicator Lending Rate plus 5% per annum.

3.1: Delivery of goods shall be deemed to be made to the Buyer when the goods are first dispatched from Fulton Hogan's premises or collected by the Buyer or the Buyer's agent. All carriers of goods are deemed to be agents of the Buyer.
3.2: Fulton Hogan may stop future deliveries until the Buyer has paid for all previous supplies of goods or services supplied by Fulton Hogan (whether payment is due or not).
3.3: If Fulton Hogan is unable to deliver the goods or perform a service because of any cause beyond its control (including any force majeure event) it may suspend delivery or cancel the Buyer's order without incurring any liability for loss or damage suffered by the Buyer.
3.4: Goods will only be accepted for return with the prior approval of Fulton Hogan. Freight and all other costs associated with the return of goods will be at the Buyer's expense unless otherwise agreed in writing by Fulton Hogan.

4.1: Goods are at the sole risk of the Buyer upon delivery in accordance with clause 3.1 whether received by the Buyer or not, whether or not there is a delay in delivery and even though ownership of the goods may not have passed to the Buyer.
4.2: The Buyer shall at all times insure the goods and keep them insured for their full insurable value against all insurable causes including loss or damage by fire and theft. If the goods are lost damaged or destroyed then the Buyer agrees to make a claim against the insurance policy with respect to the lost damaged or destroyed goods and to immediately pay the proceeds received to Fulton Hogan, and the Buyer will remain liable to Fulton Hogan for any shortfall in the insurance proceeds.

5.1: Ownership in the goods shall not pass to the Buyer until the Buyer has paid for the goods in full and any proceeds of sale of goods that have not been paid for shall belong to Fulton Hogan.

6.1: The Buyer irrevocably gives Fulton Hogan and its agents the right to enter upon the Buyer's premises (including leased premises), without giving notice and without being in any way liable to the Buyer, if Fulton Hogan has cause to exercise any rights it has under section 109 of the PPSA.
6.2: The Buyer indemnifies Fulton Hogan for any and all costs associated with the enforcement of these terms of trade, including legal costs on a solicitor/client basis.
6.3: The Buyer waives its right to receive any financing statement or financing change statement from Fulton Hogan under the PPSA.
6.4: On the enforcement of any security interest created by these terms of trade to which the PPSA applies, sections 114(1)(a), 133 and 134 of the PPSA shall not apply. The Buyer waives any rights it may have under sections 116, 120(2), 121, 125, 129, 131 and 132 of the PPSA on enforcement of any such security interest.

7.1: All representations or terms (including any condition or warranty expressed or implied by law, statute or otherwise) and guarantees under the Consumer Guarantees Act 1993 not expressly included in these terms and conditions are hereby expressly excluded, where a supply is made for business purposes.
7.2: If Fulton Hogan shall be under any liability whatsoever to the Buyer then whether such liability be in contract, tort (including negligence and personal injury) or otherwise and notwithstanding any relief or remedy to which the Buyer may be entitled to under the Consumer Guarantees Act 1993, the Contractual Remedies Act 1979 or at law or in equity, such liability shall be limited to the price at which the goods or services are supplied to the Buyer or the actual loss or damage suffered by the Buyer, whichever shall be the lesser.
7.3: Under no circumstances will Fulton Hogan be liable for any financial or economic loss or any indirect or consequential loss of any kind whatsoever.

8.1: The Buyer agrees that Fulton Hogan may obtain information about the Buyer from any person (including any credit or debt collection agency) for any purpose being in the course of Fulton Hogan's business, including credit assessment and debt collecting, and the Buyer consents to any person providing Fulton Hogan with such information.
8.2: The Buyer agrees that Fulton Hogan may use for lawful purposes any information it has about the Buyer relating to the Buyer's creditworthiness.