TERMS AND CONDITIONS OF SALE (“Terms”)
1-02-12

These Terms govern all present and future supplies of Goods by us to you.

1. Payment
By taking delivery or possession of the goods (“Goods”) referred to in the quote, offer confirmation, invoice or like document presented
to you (“Quote”), you, the purchaser (”you”) agree to pay the amount specified in the Quote (“Purchase Price”) to Mackay Containers
ABN 97122372981 (“we” or “us”) on or before the due date.
2. Late payments
If any amount is not paid on the due date, you will pay interest on the amount not paid under the Quote (“Overdue Amount”). Interest
on any Overdue Amount will be calculated monthly, at the rate of eighteen (18%) percent per annum on the Overdue Amount, from
and including the due date to and including the date we receive the Overdue Amount.
3. Possession and Risk
By taking possession of the Goods, you acknowledge delivery and acceptance of the Goods in good condition. Risk in the Goods passes
to you on delivery to you, your agent or carrier.
4. Retention of title
4.1 You acknowledge and agree that title to the Goods will only pass or be transferred to you when we receive payment in full of all
money owing to us in relation to the Goods. Until we receive payment of such money you will hold the Goods, at our sole
discretion, as bailee only. Prior to receipt by us of the full Purchase
Price you must:
(a) not intermingle the Goods with any other property;
(b) not change the Goods in any way;
(c) not change or obscure in any way any identification marking that we have placed on the Goods by lettering and numbering;
(d) not sell the Goods except to a bona fide purchaser for full value;
(e) keep all proceeds from the sale of the Goods in trust for, and on, our behalf in a separate trust account;
(f) promptly pay the proceeds of any sale of the Goods to us.
4.2 The payment of the proceeds from the sale of the Goods by you does not relieve you of your obligation to pay to us the full Purchase
Price.
5. Personal Property Securities Act
5.1 You acknowledge and agree that the provisions of section 4 constitute the security agreement between us creating a security
interest in all present and future supplies. This security interest in the Goods extends to the proceeds of any sale or insurance claim in
respect of the Goods and monies held in a separate account arising from the sale of the Goods for the purposes of the Personal Property
Securities Act 2009 (Cth) as amended (the “PPS Act”) and to the extent applicable the PPS Act applies.
5.2 You acknowledge and warrant that any Goods or materials purchased from us are not purchased predominantly for personal,
domestic or household purposes and you agree to indemnify us against any loss or damage arising from a breach of such warranty.
5.3 You acknowledge that we may do anything reasonably necessary, including but not limited to registering any security interest which
we have over the Goods on the Personal Property Securities Register established under section 147 of the PPS Act in order to perfect the
security interest and comply with the requirement of the PPS Act.
You agree without charge to provide all information and do all things reasonably necessary to assist us to undertake the matters set
out above. You waive pursuant to s.157(3)(b) of the PPS Act the right to receive notice of a verification statement in relation to any
registration on the register.
5.4 You and we agree that, pursuant to section 115 of the PPS Act, the following provisions in the PPS Act do not apply in relation to a
security interest in the Goods to the extent, if any, mentioned (words in this provision have the same meaning as in the PPS Act):
(a) section 95 (notice of removal of accession), to the extent that it requires us to give a notice to you
(b) section 125 (obligation to dispose of or retain collateral) in that we may extend the time for delay as we consider appropriate
(c) section 129 (disposal by purchase)
(d) section 130 (notice of disposal), to the extent that it requires the secured party to give a notice to the grantor before disposal
(e) paragraph 132(3)(d) (contents of statement of account after disposal)
(f) subsection 132(4) (statement of account if no disposal)
(g) section 135 (notice of retention)
(h) section 142 (redemption of collateral)
(i) section 143 (reinstatement of security agreement).
6. What are our rights if you commit a breach?
If you fail to pay any amount payable by you to us under these Terms on the due date or you cease doing business, have a
liquidator, administrator, receiver and manager, controller or other like officer appointed over any or all of your assets, become
insolvent, commit an act of bankruptcy or become the subject of a proceeding under any bankruptcy act, or its counterpart under the
law of any territory outside of the jurisdiction of Australia, then without limiting our rights or remedies in any way we may (but are
not obliged to) immediately without notice to you and without releasing you from any accrued obligations do one or more of the
following:
(a) terminate this agreement for the sale of the Goods to you;
(b) declare the balance of the Purchase Price due and payable by you;
(c) retake possession of the Goods; and
(d) remedy any default that you commit under these terms and conditions (at your cost).
7. Your rights to possession of the Goods cease
Despite any provision in these Terms to the contrary, in the event that we terminate this agreement for the sale of the Goods to you,
you will no longer be entitled to possession of the Goods and you must immediately return the Goods to us (at your cost) in accordance
with these Terms . After we terminate this agreement, nothing in these Terms gives you any express or implied right or entitlement to,
and you must not attempt or purport to, sell, hire, lease, encumber, grant any right or interest (of any nature) in or over the Goods.
8. Right to recover Goods
If and when this agreement for the sale of the Goods to you is terminated for breach by you, you hereby irrevocably authorise us to
enter upon any premises where the Goods are located, and to use such reasonable force as may be necessary, for the purpose of
removal of any Goods sold to you and to do so at your cost.
9. What happens to property attached to the Goods?
In the event that we retake possession of all or any part of the Goods, you hereby irrevocably authorize us to take possession of any
property in, on or attached to the Goods which is not our property, and you acknowledge and agree that we are not liable for its care or
safekeeping.
10. Exclusion of warranties
The terms and conditions in this section 10 apply only where the amount payable for the Goods exceeds $40,000.
10.1 State of the Goods
You acknowledge and agree that you:
(a) have inspected or had an opportunity to inspect the Goods prior to their delivery to you; and
(b) you accept them in their current state.
10.2 Specific warranties excluded
Without limiting paragraph 10.1 (b), we make no express or implied warranty in relation to:
(a) the fitness of the Goods for any particular purpose;
(b) the merchantability of the Goods; or
(c) the description, state, quality or condition of the Goods.
10.3 Exclusion of warranties
To the full extent permitted by law, we exclude and are not liable for any condition or warranty (of any kind) which is not expressly set
out in these Terms.
10.4 Limitation of Liability
You agree that if you suffer any loss (including economic loss), damage, cost, expense or claim howsoever arising as a result of the
use or purchase of the Goods including without limitation any defect in the Goods, our liability to you is limited to the repair or
replacement of the Goods.
11. Consumer Guarantees
The terms and conditions in this section 11 apply only where the amount payable for the Goods is less than $40,000.
Application of consumer guarantees under the Australian Consumer Law.
11.1 Section 10 above does not apply to the supply of Goods where the amount payable is less than $40,000.
11.2 Our Goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a
replacement or refund for a major failure and to compensation for any other reasonably foreseeable loss or damage. You are also
entitled to have the Goods repaired or replaced if the Goods fail to be of acceptable quality and the failure does not amount to a major
failure.
11.3 Goods presented for repair may be replaced by refurbished goods of the same type rather than being repaired. Refurbished
parts may be used to repair the Goods.
12. General
12.1 Notices
All notices under these Terms must be in writing and be given to the address shown in the Quote, or to such other address as may be
designated in writing by either party to the other.
12.2 Binding
These Terms are binding upon you and us, your and our successors and assigns and are governed by the laws of Queensland.
The parties consent to the non exclusive jurisdiction of the Courts of Queensland. If you take possession of or retain any
Goods , these Terms are valid and binding on you whether or not you have signed them.
12.3 Override
These Terms override and exclude any terms and conditions provided by you. These Terms may only be modified or varied if
agreed in writing by our duly authorised officer.
12.4 Waiver of rights
A failure to exercise or delay in exercising any right, power or remedy by us does not operate as a waiver.
12.5 Cumulative rights
Our rights under these Terms are in addition to, and do not exclude, any rights at common law, equity or any other agreement between
you and us.
12.6 Further Assurances
You agree to:
(a) execute and deliver any instruments; and
(b) do such other things,
as we may at any time request in connection with the enforcement of our rights under these Terms.
12.7 Not liable
We are not liable under any circumstances for any indirect, economic, special or consequential loss or damage of any nature or
purchase whatsoever that you may suffer incur from or in connection with the use or purchase of the Goods.

Terms & Conditions of Sale specific to containers

All containers ordered must be paid for in full before container can be released.

Quotations are made on current stock and costs at that time and may be changed at any time.

All purchases are ex our depot in Mackay with collection by Tilt Tray trucks. Any deliveries quoted are made on your behalf with various transport companies based on information you supplied. Any further costs incurred for delivery of container will be payable by purchaser.

Containers with deposits may be sold and deposits kept to recoup costs if not collected within 14 days from advised completion date.

Containers are sold as is where is—no guarantee or warranty given or implied.

Title in these containers does not pass to the purchaser until paid in full.

Conditions of Hire

The hirer agrees to accept full responsibility for any loss or damage (includes defacing) to any of our containers whilst on hire and during transport.

The hirer will pay all costs of transport from our depot and whilst on hire and all costs to return the containers to our depot. Only Tilt Tray trucks are to be used for transport to and from our depot.

The hirer will satisfy itself that the containers are suitable for its purposes before use. If the containers become damaged, deteriorate, or become unsuitable for the hirer's purposes, the hirer will return the containers immediately.

Either the hirer or Mackay Containers may terminate the hire at any time. The Hirer may terminate the hire by returning the container to our depot during our normal trading hours. Mackay Containers may terminate the hire by mailing or phoning the hirers last known address.

Insurance of the contents of the containers is the responsibility of the hirer. Mackay Containers shall not be responsible, whether in negligence or otherwise, for loss or damage or deterioration of any goods stored in the containers, howsoever caused.

Hire charges are payable in advance and the minimum hire charge will be equivalent to one month's hire. The hirer will pay all costs to recover the containers if the hirer does not return them and compensation for loss of hire while the containers are being recovered.

The hirer gives permission to Mackay Containers or its representatives to collect their container at any time at any place if payment is in default of terms. Goods may be disposed or sold to recover costs if payment is in default of terms.

Our Terms and Conditions will overrule that of any of the purchaser by ordering the goods with our company. No Terms and Conditions of a purchaser will have any legal effect if goods are ordered from Mackay Containers.

In addition to these terms and conditions Mackay Containers Self Storage Agreement applies to containers hired as on site storage.

Amendment: Terms and conditions may be changed by Mackay Containers from time to time by Mackay Containers giving notice of the amendment to the customer. Notice is deemed given (whether or not actually received) when Mackay Containers does any of the following: (a) sends notice of the amendment to the customer at any address ( including an email address) supplied by the customer; (b) publishes the amended terms and conditions on its website www.mackaycontainers.com.au: or (c) displays the amended terms and conditions at Mackay Containers premises.

Personal Properties Security Act

(a) You acknowledge and agree that to the extent our hire agreement (governed by these terms and conditions) creates a PPS lease, as defined in the PPS Act, we have a security interest in the Equipment (as well as the proceeds of any sale or insurance claim in respect of the Equipment and monies held in a separate account arising from the sale of the Equipment) for the purposes of the Personal Property Securities Act 2009 (Cth) as amended (the PPS Act), and to the extent applicable the PPS Act applies.
(b) You acknowledge and warrant that any Equipment or materials hired from us are not hired predominantly for personal, domestic or household purposes and you agree to indemnify us against any loss or damage arising from a breach of such warranty.
(c) You acknowledge that we may do anything reasonably necessary, including but not limited to registering any security interest which we have over the Equipment and/or any property inside the Equipment on the Personal Property Securities Register established under section 147 of the PPS Act in order to perfect the security interest and comply with the requirement of the PPS Act. You agree without charge to provide all information and do all things reasonably necessary to assist us to undertake the matters set out above. You waive pursuant to s.157(3)(b) of the PPS Act the right to receive notice of a verification statement in relation to any registration on the register.
(d) You and we agree that the security interest we have over the Equipment is a PPS lease, as defined in the PPS Act, which does not secure payment or performance of an obligation, and accordingly that chapter 4 of the PPS Act does not apply.

MACKAY CONTAINERS SELF-STORAGE AGREEMENT

CONDITIONS OF AGREEMENT STORAGE:
1. The Storer:
(a)may store Goods in the Space allocated to the Storer by the Facility Owner (“FO”), and only in that Space;
(b)is deemed to have knowledge of the Goods in the Space;
(c) warrants that they are the owner of the Goods in the Space, and/or are entitled at law to deal with them in accordance with all aspects of this Agreement.
2. The FO :
(a) does not have and will not be deemed to have, knowledge of the Goods;
(b)is not a bailee nor a warehouseman of the Goods and the Storer acknowledges that the FO does not take possession of the Goods.

COST:
3. The Storer must upon signing the Agreement pay to the FO.:
(a). the Deposit (which , when applicable, will be refunded within 30 days of termination of this Agreement) and/or (b) the Administration Fee.
4. The Storer is responsible to pay:
(a). the Storage Fee being the amount indicated in this Agreement or the amount notified to the Storer by the FO from time to time. The Storage Fee is payable in advance and it is the Storer's responsibility to see that payment is made directly to the FO on time, and in full, throughout the period of storage. The FO does not normally bill for fees. Any Storage Fees paid by direct deposit/direct credit will not be credited to Storer’s account unless the Storer identifies the deposit clearly and as directed by the FO. The FO is indemnified from any claim for enforcement of the Agreement due to the Storer’s failure to identify a deposit, including the sale of Goods (b). the Cleaning Fee, as indicated on the front on this Agreement, is payable at the FO’s discretion.
(c). a Late Payment Fee, as indicated on the front on this Agreement, which becomes payable each time a payment is late.
(d). any costs incurred by the FO in collecting late or unpaid Storage Fees, or in enforcing this Agreement in any way, including but not limited to postal, telephone, debt collection, personnel and/or the default action costs.
5. The Storer will be responsible for payment of any government taxes or charges (including any goods and services tax) being levied on this Agreement, or any supplies pursuant to this Agreement.

DEFAULT:
6. Notwithstanding clause 23, the Storer acknowledges that, in the event of the Storage Fee, or any other moneys owing under this Agreement, not being paid in full within 42 days of the due date, the FO may, without further notice, enter the Space, by force or otherwise, retain the Deposit and/or sell or dispose of any Goods in the Space on such terms that the FO may determine. For the purposes of the Personal Property Securities Act 2009, the FO is deemed to be in possession of the Goods from the moment the FO accesses the Space. The Storer consents to and authorises the sale or disposal of all Goods regardless of their nature or value. The FO may also require payment of default action
costs, including any costs associated with accessing the Storer’s Space and disposal or sale of the Storer’s Goods.

RIGHT TO DUMP:
7. If, in the opinion of the FO and entirely at the discretion of the FO, a defaulting Storer’s Goods are either not saleable, fail to sell when offered for sale, or are not of sufficient value to warrant the expense of attempting to sell, the FO may dispose of all Goods in the Storer’s Space by any means. Further,
8. Upon Termination of the Agreement (Clause 23) by either the Storer or the FO, in the event that a Storer fails to remove all Goods from their Space or the Facility the FO is authorised to dispose of all Goods by any means 7 days from the Termination Date,
regardless of the nature or value of the Goods.
9. Any items left unattended in common areas or outside the Storer’s Space at any time may at the FO’s discretion be sold, disposed, moved or dumped immediately and at the expense and liability of the Storer.

ACCESS AND CONDITIONS:
10. The Storer:
(a). has the right to access the Space during Access Hours as posted by the FO and subject to the terms of this Agreement;
(b). will be solely responsible for the securing of the Space and shall so secure the Space at all times when the Storer is not in the Space in a manner acceptable to the FO, and where applicable will secure the external gates and/or doors of the Facility. The Storer is not permitted to apply a padlock to their Space in the FO’s overlocking position, and the Storer may have any such padlock forcefully cut off at the Storer’s expense;
(c). must not store any Goods that are hazardous, illegal, stolen, inflammable, explosive, environmentally harmful, perishable or that are a risk to the property of any person;
(d). must not store items which are irreplaceable, such as currency, jewellery, furs, deeds, paintings, curios, works of art and items of personal sentimental value;
(e). will use the Space solely for the purpose of storage and shall not carry on any business or other activity in the Space;
(f). must not attach nails, screws etc to any part of the Space and must maintain the Space by ensuring it is clean and in a state of good repair and must not damage or alter the Space without the FO’s consent; in the event of uncleanliness of or damage to the Space or Facility the FO will be entitled to retain the Storer’s deposit, charge a cleaning fee, and/or full reimbursement from the Storer to the value of the repairs required.
(g). cannot assign this Agreement;
(h). must give Notice to the FO in writing of the change of address, phone numbers or email address of the Storer or the Alternate Contact Person (“ACP”) within 48 hours of any change;
(i). grants the FO entitlement to discuss any default by the Storer with the “ACP” registered on the front of this Agreement.
11. The FO may refuse access to the Space and/or the Facility by the Storer where moneys are owing by the Storer to the FO, whether or not a formal demand for payment of such moneys has been made.
12. The FO will not be liable for any loss or damaged suffered by the Storer resulting from an inability to access the Facility or the Space, regardless of the cause.
13. The FO reserves the right to relocate the Storer to another Space under certain circumstances.
14. The FO may dispose of the Storer’s Goods in the event that Goods are damaged due to fire, food or other event that has rendered Goods, in the opinion of the FO, severely damaged, of no commercial value, or dangerous to the Facility, any persons, or other Storers and/or their Goods. The FO does not need the prior approval of the Storer to take this action but will send Notice to the Storer within 7 days.
15. The Storer :
(a) agrees that the terms of this document together with the Privacy Document constitute the whole contract with the FO and that, in entering this contract, the Storer relies upon no representations, oral of otherwise, other than those contained in this Agreement.
(b) acknowledges that it has raised all queries relevant to its decision to enter this Agreement with the FO and that the FO has, prior to the Storer entering into this Agreement, answered all such queries to the satisfaction of the Storer. The Storer acknowledges that any matters resulting from such queries have, to the extent required by the Storer and agreed to by the FO, been reduced to writing and incorporated into the terms of this Agreement. No failure or delay by the FO to exercise its rights under this Agreement will operate to waiver those rights.

RISK AND RESPONSIBILITY:
16. The Goods are stored at the sole risk and responsibility of the Storer who shall be responsible for any and all theft, damage to, and deterioration of the Goods, and shall bear the risk of any and all damage caused by flood or fire or leakage or overflow of water, mildew, heat, spillage of material from any other space, removal or delivery of the Goods, pest or vermin or any other reason whatsoever.
17. The Storer agrees to indemnify and keep indemnified the FO from all claims for any loss of or damage to the property of, or personal injury to or death of the Storer, the Facility, the FO or third parties resulting from or incidental to the use of the Space by the Storer, including but not limited to the storage of Goods in the Space, the Goods themselves and/or accessing the Facility.
18. The Storer acknowledges and agrees to comply with all relevant laws, including Acts and Ordinances, Regulations, By-laws, and Orders, as are or may be applicable to the use of the Space. This includes laws relating to the material which is stored, and the manner in which it is stored. The liability for any and all breach of such laws rests absolutely with the Storer, and includes any and all costs resulting from such a breach.
19. If the FO has reason to believe that the Storer is not complying with all relevant laws the FO may take any action the FO believes to be necessary, including but not limited to the action outlined in clauses 21 & 23, contacting, cooperating with and/or submitting Goods to the relevant authorities, and/or immediately disposing of or removing the Goods at the Storer’s expense. The Storer agrees that the FO may take
such action at any time even though the FO could have acted earlier.

INSPECTION AND ENTRY BY THE FO:
20. Subject to clause21 the Storer consents to inspection and entry of the Space by the FO provided that the FO gives 21 days written Notice.
21. In the event of an emergency, that is where obliged to do so by law or in the event that property, the environment or human life is, in the opinion of the FO, threatened, the FO may enter the Space using all necessary force without the consent of the Storer, but the FO shall thereafter notify the Storer as soon as practicable. The Storer consents to such entry.

NOTICE :
22. Notices will usually be given by email or SMS, or otherwise will be left at, or posted to, or faxed to the address of the Storer. In relation to the giving of Notices by the Storer to the FO, Notices must be in writing and actually be received to be valid, and the FO may specify a required method. In the event of not being able to contact the Storer, Notice is deemed to have been given to the Storer by the FO if the FO serves
that Notice on the ACP as identified on the front of this Agreement, and/or has sent Notices to the last notified address or other contact including SMS or email of the Storer or ACP. In the event that there is more than one Storer, Notice to or by any single Storer is agreed to be sufficient for the purposes of any Notice requirement under this Agreement

TERMINATION:
23. Once the initial fixed period of storage has ended, either party may terminate this Agreement by giving the other party Notice of the Termination Date in accordance with period indicated on the front of this Agreement. In the event of illegal or environmentally harmful activities on the part of the Storer the FO may terminate the Agreement without Notice. The FO is entitled to retain or charge apportioned storage fees if less than the requisite Notice is given by the Storer. The Storer must remove all Goods in the Space before the close of business on the Termination Date and leave the Space in a clean condition and in a good state of repair to the satisfaction of the FO. In the event that Goods are left in the Space after the Termination Date, clause 8 will apply. The Storer must pay any outstanding Storage Fees and any expenses on default or any other moneys owed to the FO up to the Termination Date, or clauses 6, 7 or 8 may apply. Any calculation of the outstanding fees will be by the FO. If the FO enters the Space for any reason and there are no Goods stored therein, the FO may terminate the Agreement without giving prior Notice, but the FO will send Notice to the Storer within 7 days.
24. The Parties’ liability for outstanding moneys, property damage, personal injury, environmental damage and legal responsibility under this Agreement continues to run beyond the termination of this Agreement.

SEVERANCE:
25. If any clause, term or provision of this Agreement is legally unenforceable or is made inapplicable, or in its application would breach any law, that clause, term or provision shall be severed or read down, but so as to maintain (as far as possible) all other terms of the Agreement.

MEDIATION OF DISPUTES
26. The parties must endeavor to settle any dispute in connection with this Agreement by mediation. Such mediation is to be conducted by a mediator who is independent of the parties and appointed by agreement of the parties. It is a condition precedent to the right of either party to commence arbitration or litigation other than for interlocutory relief, that it has first offered to submit the dispute to mediation