Rigoli Group of Companies TERMS AND CONDITIONS OF SALE

All goods and services supplied by Rigoli Group of companies are sold subject to the following conditions:-

1. DEFINITIONS: In these Terms and Conditions “the Company” means Rigoli Group of Companies, including but not limited to Nonferral Recycling Pty Ltd,  Southern Cross Quarries and Totally Gluten Free Products, whose head office is at 35 Swainston Road Shepparton East VIC 3631. The “Purchaser/Customer” means any person or company who buys goods or has agreed to buy goods. “Goods” mean any goods or services supplied by the Company and “Conditions” mean the terms and conditions set out in this document.

2. APPLICABLE TERMS: Unless otherwise agreed in writing, any contract for the sale of goods shall be subject to these Terms and Conditions. Any oral or written terms offered or stipulated by the Purchaser shall, if inconsistent with these Terms & Conditions, be deemed rejected by the Company.

3. PRICES: The price for the Goods are stated in the Company’s quotation or if no quotation is given in the confirmation of order. The Company’s prices are fixed for a period stated in the quotation/order acknowledgement. Thereafter the Company reserves the right to vary prices without notice.

4. QUOTATIONS AND INVOICES: The right is reserved to amend any errors and/or omissions on quotations, invoices or any other documents of the Company. The quantity, quality and description of the Goods shall be those set out in the Company’s quotation or order confirmation.

5. PACKING, CARRIAGE & INSURANCE: Packaging, carriage and insurance to designated premise, and on default or designation to any trading address, of the Purchaser shall be paid by the Purchaser and shall be charged at the Company’s rates current at the time of dispatch.

6. INVOICING AND PAYMENT: The Company shall invoice the Customer upon confirmed purchase order. Full payment will be required before dispatch of the Goods from their premises or from the premises of its suppliers unless credit terms have been arranged for the Customer.

6.1 Unless specified in the quotation, the price payable in respect of any delivery of the Goods by instalment shall be such proportion of the total price under the Contract as the Company may reasonably decide.

6.2 The Company reserves the right to require payment of the full price of the Goods prior to the dispatch of the Goods.

6.3 If the Purchaser fails to make any payment when due, then without prejudice to any other right or remedy available to the Company, the Company shall be entitled to:-

      a) terminate the contract and/or suspend any other further deliveries to the Purchaser: and/or

      b) apply any ‘on account’ payments to whatever part of the debt the Supplier deems appropriate: and/or

      c) charge the Purchaser compound interest at the rate of 5% per month from the due date until payment made in full.

7. TITLE: Title to and ownership of the Goods shall not pass to the Purchaser until the date that the purchase price for the Goods and all sums payable to the Company under any other agreement with the Purchaser has been paid.

8. If the Purchaser fails to effect payment in full of all sums due hereunder by the due date. The Company, without prejudice to any other legal remedies it may have, shall at any time thereafter be entitled to enter upon any premises owned or occupied by the Purchaser or if any premises upon which it is reasonably believed that the Goods are being stored or kept, without notice to the Purchaser, and remove the Goods.

9. RETURNS: Goods supplied may not be returned for credit without written consent of the Company. If the Company approved the return, the original Goods must be returned in “as purchased” condition. The Company reserves the right to charge an administrative fee, all freight charges and/or any associated direct costs for the return of any such Goods by the Customer.

10. EMPLOYERS LIABILITY: Where employees of the Company are to be employed on the Purchaser’s Premises, the Purchaser will indemnify the Company against any liability in respect of such employees.

11. WARRANTIES: The Company shall be under no liability for the warranty of the Goods sold unless otherwise stated. The original manufacturer’s warranty, if any, will be subjected to the responsibility of the manufacturer and not be under control of the Company in any circumstances.

12. AMENDEMENT OR CANCELLATION: The Company reserves the right to accept any amendment or cancellation of the order incurred by the Customer, and to charge an administrative fee, all freight charges and/or any associated direct costs induced by the changes and cancellation of such order.