Te

erms
s and Co
ondiition
ns

1. General
Orders s are accepted subje ect to the following terms
t and conditions and the placing oof an witth the goods as undisclosed agent of thee Company and any moneys received as a result
order with
w Sika Australia Ptty Limited (Companyy) is deemed to be ac cceptance of these teerms of such
s dealings will be
e held by the customeer for the benefit of th
he Company. In the event
and co onditions by the partyy purchasing the goo ods (customer). No variation or modificaation
of, or substitution
s for, thesee terms and conditionns will be binding un
nless expressly acceppted tha
at the customer does s so deal with the gooods but does not obtain
o payment there
efor then
by an authorised
a officer of tthe Company in writing. the
e customer must, at the Company’s requuest, assign to the CompanyC any debt owing
o to
the
e customer in relation to such dealing annd the customer here eby irrevocably appo
oints the
2. Quotations and Price List
Coompany as its attorne ey with all powers pepermitted by law for the
t purpose of effeccting any
Quotattions and/or the Com mpany price list are not an offer by the Company to supplyy the succh assignment and to effect a recovery oof any such debt in the name of the custo omer for
goods referred to in such quotations or price lists, and no order placedp in response to a the
e benefit of the Company. If the custom mer uses the goods in a manufacturing or o similar
quotation or price list will b
be binding unless acccepted by the Comp pany in writing. All ssuch pro
ocess and sells the reesulting product the ccustomer holds that part of the proceedss of such
acceptances by the Compa any are subject to availability
a of the nec
cessary materials annd to salle relating to goods sold
s to the customer by the Company on trust for the Compan ny. That
the Co
ompany being able to o obtain any necesssary authorisation and/or licences and too the part of the proceeds held
h on trust, for thiis purpose alone, is
s deemed to be the amount
same remaining
r valid. owwing to the Company at the time of receippt by the customer off the proceeds. In th he event
3. Prices and Terms o
of Payment tha
at the customer fails to pay for the goodss as provided in thes se terms and conditions, the
a) All prices given in quotations are provisiional only until the order
o has been acceppted Coompany will be entitleed without prior noticce to enter upon the customer’s premises at any
by the Company. Prices a are based upon the prices and costs off materials, labour, ffuel, tim
me and retake poss session of the gooods. The provisions s of this clause wiill apply
ort and overhead exp
transpo penses current at the e date of the quotatio
on and may be variedd by nottwithstanding any su ubsequent or other aagreement between the parties under whichw the
the Co
ompany at any time e either before or afterr acceptance of the order
o to correspond with Coompany or a related body
b corporate givess the customer credit.
any va
ariation in such pricees or costs which maym occur at any time before delivery off the The Company may com mmence legal actionn against the custom mer if the goods are not paid
order to the customer is coompleted. All prices shown in price lists are subject to alteraation forr, notwithstanding tha
at property in the gooods has not passed.
withoutt notice. 6. Exclusion of Warranties
b) Unless otherwise sstated in the Compa any’s quotations or price
p lists current att the a) The only conditions and warranties w which are binding on n the Company in re espect of
time off the Company’s accceptance of an orderr, prices quoted are strictly
s net. All goodds or
the
e state, quality or co
ondition of the goodss or services supplie ed by it to the custoomer are
service es delivered to the cu
ustomer by the supplier in any calendar month
m must be paid foor in
full in Australian
A dollars byy the customer on or before the Supplier’s last trading day inn the tho
ose imposed and req quired to be binding bby law (including thee Trade Practices Acct, 1974)
month following in which the goods or services were delivered or pro ovided (“the Due Datte”). andd to the extent permmitted by law the liaability, if any, of the
e Company arising from
f the
c) To secure paymentt of all monies which are or may become e payable by the sup plier bre
each of such conditions or warranties w will, at the Company y’s option, be limited
d to and
under this agreement the C Customer (or where the Customer is co omprised of two or m more commpletely discharged by:
person ns then each person jjointly and severally)) hereby charges with the due payment oof all i) In the case of goods, either the reeplacement or the repair by the Companyy of the-
of thos se monies all of the Customer’s intere est in real property wherever located bboth goods supplied tot the customer; and
presen nt and future and the e Customer consentss.to the Supplier lodg
ging a caveat or caveeats ii) in the case of services, either the ssupplying of the serv
vices again or pa
aying to
over su uch property to proteect its interest. have the service es supplied again, annd otherwise all othe er conditions and waarranties
4. Goods and Service
es Tax whether express sed or implied by law w in respect of the state, quality or condition of
the said goods which may apart froom this clause be binding on the Comp pany are
a) In this clause:
hereby expressly y excluded and negaatived.
i) “GST” means GST a
as defined in A New
w Tax System (Goods and Services Tax)) Act
b) Except to the ex xtent provided immed
ediately above the Co ompany will have no o liability
1999 asa amended (“GST T Act”) or any replacement or other relevant
r legislation and
(inc
cluding liability in ne
egligence) to any peerson for any loss oro damage conseque ential or
regulattions;
oth
herwise howsoever suffered or incurredd by any such person in relation to the e goods
ii) words used in this clause which have a particular meanin ng in the “GST law” (as andd/or services and without limiting the gennerality thereof in pa
articular any loss or damage
d in the GST Act, a
defined and also including an
ny applicable legisla
ative determinations and connsequential or otherw wise howsoever sufffered or incurred by any such person ca aused by
e public rulings) havve the same meaning, unless the conntext
Australian Taxation Office or resulting directly or indirectly from anny failure, breakdow wn, defect or deficiiency of
wise requires;
otherw whhatsoever nature or kind of or in the goodss and/or services.
iii) any reference to GS
ST payable by a parrty includes any corre
esponding GST payayable c) Any drawings, description,
d weights, or dimensions submitted by the Comp pany are
by the representative memb
ber of any GST group of which that party is a member; and approximate only and intended merely ass a general guide an nd the Company will not be
iv) if the GST law trea ats part of a supplyy as a separate sup pply for the purposee of ble for any error or om
liab mission therein or wiith regard thereto.
mining whether GST Is payable on thatt part of the supply
determ y or for the purposee of d) No representatio mpany products will be binding on the Company
on in relation to Com C
determ
mining the tax period to which that part of
o the supply is attrib
butable, such part off the unless in writing and sig
gned by the Managinng Director.
supply is to be treated as a separate supply. e) The Company’s obligation under suub-clause a) to repa air or replace such goods
g is
b) Unless GST is expre essly included, the consideration
c express
sed to be payable unnder subbject also to the cus
stomer having compplied with all instructions given by the Company
C
any othher clause of these terms and conditionss for any supply madee under or in connecction conncerning the mannerr in which such goodss should be used.
with these terms and conditions (including the price at which the goods are sold) doess not f) The Company reserves
r the right too change the formulae of products if re esults of
e GST.
include ressearch require this. Every
E reasonable preecaution is taken in the manufacture of Company
C
c) To the extent that a any supply made un nder or in connectioon with these terms and prooducts and the compilation of information about them, but results cannot be guaraanteed.
ons (including the ssupply of the goodss) is a taxable supply, the GST excluusive
conditio g) Normal precautions must be takenn in handling Company chemical prod ducts to
consideeration otherwise pa ayable for that supp a amount equal to that
ply is increased by an pro
otect the skin and ey yes. On no account should Company pro oducts be taken internally or
consideeration multiplied by the rate at which GS
ST is imposed in resp
pect of the supply, annd is useed otherwise than for f the purpose preescribed by the Commpany. No liability can be
payable at the same time. acccepted by the Comp pany in the event oof misuse. Should a mishap occur - co ontact a
d) Each party agrees to do all things, including
i providing tax invoices and oother hosspital, the Poisons In
nformation Centre or the Company.
documentation, that may b
be necessary or dessirable to enable or assist
a the other partty to
7. Intellectual Property
claim any
a input tax credit, adjustment or refun
nd in relation to any amount of GST pai d or
payable in respect of anyy supply made und der or in connection n with these terms and The Company will not be liable in respectt of any claim which h may be made aga ainst the
conditio
ons. Co
ompany for infringem ment of letters patennt, registered designs or any other intellectual
pro
operty which may arise as a result of thee Company carrying out instructions given by the
e) If a payment to a p party under these terrms and conditions is a payment by waay of
cus
stomer and the customer agrees to indeemnify and keep indemnified the Compa any from
reimbuursement or indemnitty and is calculated by
b reference to the GST G inclusive amounnt of
and
d against all or any such claims and agaainst all costs, damaages and expenses incurred
a loss, cost or expense incurred by that partyy, then the payment is to be reduced byy the
by or recovered against the Company in resspect of any such cla
aims.
amoun nt of any input tax cre
edit to which that pa
arty is entitled in resp
pect of that loss, cosst or
expensse before any adjustm ment is made for GST pursuant to paragrraph c). 8. Delivery

5. Title De
elivery is on the terms
s and conditions as inn the Company’s currrent price list.

Notwithhstanding that risk in the goods passes too the customer upon delivery to the custoomer The Company reserves s the right to apply aa delivery charge dep
pending on quantity of
o goods
or into the customer’s cusstody, whichever is earlier, title to the goods
g remains with the andd freight distance. Any
A delivery dates ggiven by the Compan ny are approximate only
o and
Compa any until all moneys owing by the custom mer to the Company y have been paid in full, no liability can be accepted for any loss, injuury, damages or exp penses consequent upon
u any
whetheer such moneys are iin respect of moneyss payable under a sp pecific contract or on any delay in delivery from any
a cause whatsoevver. Any such delay will not entitle the customer
c
other account
a whatsoeverr and, until such tim me, the customer must,
m if required by the to cancel
c any order or to
t refuse to accept deelivery at any time.
Compa any, store the goods in a manner which clearly
c indicates that the goods are ownedd by The customer must inspect goods immeddiately upon delivery y and must within 7 days of
the Company and the custo omer will in any even
nt hold the goods as bailee subject to its rright ins
spection give written notice to the Compaany, with particulars, of any claim that the goods
to deal with the goods in the ordinary course of its business on the basis
b that it is dealingg are
e not in accordance with
w the contract. If tthe customer fails to
o give that notice, the
en to the
exttent permitted by law
w the goods will be treeated as having been
n accepted by the cu ustomer.

 
  Sika Austraalia Pty. Limited  
ABN 12 001 3
342 329
 Te
erms
s and Co
ondiition
ns

9. Packing
All con
ntainers mentioned in
n the current price lisst are standard Company sizes, free of eextra
chargee and non-returnable.. Special packaging is charged extra.
10. Shortage, Damage or Loss in Transit
The Coompany will not be liaable for shortage, losss or damage to gooods or materials in traansit
in Austtralia or elsewhere u
unless written notice is given to the Comp pany in accordance with
the terrms and conditions of the insurance cover c effected in re
espect of the particcular
consignment, and in the ab bsence of any such in nsurance cover requirements:
a) All, shortages and d eported to the carriers and the Companny in
damage must be re
writing within 3 days of rece
eipt of goods.
b) In the case of loss,, must be reported to the carriers and the Company in wrriting
within 14 days of the schedduled arrival date or in such other manne
er as may be specifieed in
the covvering documents.
No claims for any deficienccies will be considered unless the above
e conditions are adheered
to.
11. Sale of Goods Act
The Sa
ale of Goods (Vienna
a Convention) Act 1986 NSW is excluded.
12. Return of Goods
The Co ompany will not acceept the return of goo
ods supplied againstt orders, except by pprior
written agreement, within 330 days from receip pt of purchase and only
o if the goods arre in
good and
a saleable conditio on. All powdered pro oducts are non returrnable. Any such reeturn
must be
b freight/cartage pre
epaid by the custome er. The Company reserves the right to mmake
a restoocking charge for th
he goods returned which
w may be deducted from any cred it or
refund given.
13. Resale
If the customer
c sells any off the goods which the
e customer purchase es from the Companyy the
custommer must do so underr the trademarks or trade names registere ed by the Company, and
the cusstomer must ensure tthat such goods are only sold subject to the
t terms and condittions
as are herein contained unlless otherwise expre essly agreed in writing
g by the Company.
14. Force Majeure
If the Company
C is delayed in or prevented from m making delivery owwing to an event beyyond
the Company’s reasonable e control, the Company will be at liberty to cancel or suspendd the
contracct without incurring any liability for any losss or damage resultin
ng.
15. Legal Construction
n
These terms and condition ns are to be governe
ed and interpreted according
a to the law
ws of
New South
S Wales and tthe Company and the customer consent and submit to the
jurisdic
ction of the Courts of New South Wales and of the Commonwealth of Australia.
16. Extent of Condition
ns
These terms and conditio ons supersede and prevail over generral or special termss or
conditio
ons imposed or soug ght to be imposed byy the customer at an
ny time in relation to any
order. The Company and customer have ente ered into these terms
s and conditions withhout
relying on any representatio
on by the other.

 
  Sika Austraalia Pty. Limited  
ABN 12 001 3
342 329