1. PURCHASE PRICE(a) Unless otherwise agreed in writing, all sales are made by ADBRI at its list price at the time of delivery and the Customer acknowledges that the list prices are subject to alteration without notice to the Customer.(b) Any prices quoted do not include delivery costs unless otherwise stated. Unless otherwise agreed in writing, the charge for any delivery of Products will be at ADBRI’s list rate of cartage at the time of delivery, or the delivered price, whichever is applicable.

2. GOODS AND SERVICES TAXAll pricing is inclusive of the Goods and Services Tax ("GST") unless otherwise indicated, and the Customer agrees to pay ADBRI for the full invoice amount inclusive of GST.

3. PAYMENT(a) The Customer must pay for the Products before delivery or within 30 days of month-end, unless any other credit period is agreed in writing by the parties.(b) ADBRI may charge the Customer interest on overdue amounts at a rate equivalent to 3% more than the business overdraft commercial interest rate of the National Australia Bank per annum from the invoice date until payment of the debt and all costs, charges and expenses which are incurred by ADBRI in connection with the recovery of these amounts.

4. ORDERS(a) If a dispute arises concerning an order, ADBRI’s records will be conclusive evidence of the details of the order.(b) When an order is placed by the Customer, the Customer agrees to inform ADBRI of any material facts which might reasonably affect ADBRI’s commercial decision to accept the order and/or to grant credit in relation thereto.(c) Any variation or cancellation of an order must be approved in writing by ADBRI.

5. TITLE(a) Property in the Products will not pass until payment is received in full of all monies owed by the Customer to ADBRI, and ADBRI reserves the right to take possession of and dispose of the Products as it sees fit at any time until full payment has been made. The Customer authorises ADBRI to enter upon any premises where any Products are, in the name of the Customer, in order to do so and with such force as necessary.(b) Immediately open delivery, the Customer accepts responsibility and risk for the Products.(c) Until payment in full, the Customer agrees: (i) to keep all Products unpaid for as fiduciary for ADBRI and to store them in a manner which shows ADBRI as owner; (ii) only to sell the Products in the usual course of its business on condition that the Customer holds all proceeds in trust for ADBRI; and (iii) that sale on terms or for less than cost is not "in the usual course".(d) The Customer agrees that a certificate signed by an officer of ADBRI identifying any Products as "unpaid for" will be conclusive evidence of non-payment and of ADBRI’s title to those Products.

6. DELIVERY AND FORCE MAJEURE(a) The Customer agrees that: (i) ADBRI accepts no responsibility whatsoever for delivery but may elect to arrange delivery at its discretion at the Customer’s cost and risk; (ii) the Customer is deemed to have accepted delivery and liability for the Products immediately they are delivered to any delivery party, or to the Customer’s business premises, whether attended or not; and (iii) a certificate signed by an officer of ADBRI confirming delivery is conclusive evidence of delivery, as is any signed delivery docket whether signed by an employee or agent of the Customer or any other person on the delivery site with ostensible authority.(b) Where due to any cause whatsoever the time spent by ADBRI in attempting to deliver or delivering the Products exceeds 30 minutes, or requires more than one attempt, the Customer agrees to pay ADBRI’s costs and expenses (including additional cartage charges) thereby incurred.(c) ADBRI will not be liable for any loss or damage (direct or indirect) occasioned to the Customer arising from any delay in performance or failure to perform under these Terms arising from any cause or event beyond ADBRI’s control, including but not limited to acts of God, natural physical disasters, legislative change, government action, equipment breakdown or malfunction, failure or serious interruption to electricity or water supply, traffic delays, industrial stoppages or material shortages.

7. RETURNSTo the extent permitted by law:(a) ADBRI reserves the right to refuse to accept any Products from the Customer (including Products made to order or "one off") for return and credit.(b) The Customer agrees to inspect all Products within seven days of delivery.(c) If ADBRI elects to accept a return of Products from the Customer, any credit given to the Customer will be at ADBRI’s discretion after deduction of any cartage costs borne and/or handling fee charged by ADBRI.

8. COLOURThe Customer acknowledges that variations in the colour of concrete masonry goods will occur due to variations in manufacturing schedules, raw materials used and other causes beyond ADBRI’s control.

9. LIMITATION OF LIABILITYTo the extent permitted by law:(a) ADBRI hereby excludes all representations, conditions and warranties, oral or written, except those which by law cannot be excluded, restricted or modified.(b) ADBRI’s liability for breach of condition or warranty implied by Division 2 of Part V of the Trade Practices Act 1974 (other than a condition or warranty implied by Section 69 of that Act) in relation to the supply of goods or services which are not of a kind ordinarily acquired for personal, domestic or household use or consumption is limited, at ADBRI’s option, to: (i) in the case of goods - the replacement, repair or payment of the cost of replacement or repair of the goods; and (ii) in the case ofservices – supplying the service again or payment of the cost of having the services supplied again.(c) ADBRI’s liability to the Customer for loss, damage or injury of any kind whether direct, indirect or consequential arising from the negligence, willful act or default, breach of these Terms by ADBRI or its employees, agents or subcontractors, or otherwise in connection with these Terms or the Products, is excluded.(d) ADBRI will not be liable for any claim by the Customer in respect of any matter arising out of the supply of the Products unless the claim together with full particulars thereof is lodged in writing with ADBRI no later than seven days after the occurrence of the event or circumstance on which the claim is based.

10. EXCLUSIONSTo the extent permitted by law:(a) No contract of sale between ADBRI and the Customer will be a sale by sample.(b) The Customer agrees to rely on its own knowledge and expertise in selecting any Products for any purpose, and that any advice or assistance given for or on behalf of ADBRI is to be accepted by the Customer at its own risk and is not given as expert or adviser and must not be relied upon by the Customer.

11. CUSTOMER’S CONDITIONSNo terms and conditions of the Customer will apply, except where consistent with these Terms.

12. BREACHIn the event of any breach of these Terms by the Customer and without prejudice to any other rights ADBRI may have, ADBRI may call up all monies owed by the Customer, retain all monies paid on account, cease further deliveries, and recover from the Customer all loss or profits arising therefrom and/or take immediate possession of any Products not paid for.

13. PALLETSAll pallets remain the property of ADBRI and the Customer agrees to advise ADBRI when the pallets are ready to be picked up by ADBRI.

14. SILICA WARNINGIt is strongly recommended that concrete masonry Products be ‘wet’ sawn, drilled or chased, and that any accumulated dust be dry vacuumed or dampened with water and swept up. The creation of dust from reworking concrete masonry Products should be avoided, as the dust contains silica which can irritate the respiratory system, skin and eyes. Long term exposure to silica dust can result in chronic respiratory impairment. For further information contact your nearest ADBRI outlet.

15. SEVERABILITYAny part of these Terms, being a whole or part of a clause, will be capable of severance without affecting any other part of these Terms.

16. WAIVERIn the event that ADBRI elects not to exercise any of its rights arising in connection with these Terms, ADBRI’s election will not constitute a waiver of any rights relating to any other breach of these Terms.