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Terms & Conditions of Trade

1. Definitions

1.1 "Fire Rate®" shall mean Fire Rate's, its successors and assigns or any person acting on behalf of and with the authority of Fire Rate®.1.2 "Customer" shall mean the Customer (or any person acting on behalf of and with the authority of the Customer) as described on any quotation, work authorisation or other form as provided by Fire Rate® to the Customer.1.3 "Guarantor" means that person (or persons) who agrees to be liable for the debts of the Customer on a principal debtor basis.1.4 "Goods" shall mean all Goods supplied by Fire Rate® to the Customer (and where the context so permits shall include any supply of Services as hereinafter defined) and are as described on the invoices, quotation, work authorisation or any other forms asprovided by Fire Rate® to the Customer.1.5 "Services" shall mean all Services supplied by Fire Rate® to the Customer and includes any advice or recommendations (and where the context so permits shall include any supply of Goods as defined above).1.6 "Price" shall mean the Price payable for the Goods as agreed between Fire Rate® and the Customer in accordance with clause 4 of this contract.Fire Rate® - Terms & Conditions © Copyright – 2016

2. The Commonwealth Trade Practices Act 1974 ("TPA") and Fair Trading Acts ("FTA")

2.1 Nothing in this agreement is intended to have the effect of contracting out of any applicable provisions of the TPA or the FTA in each of the States and Territories of Australia, except to the extent permitted by those Acts where applicable. Fire Rate® - Terms & Conditions © Copyright - 20163.

3. Acceptance

3.1 Any instructions received by Fire Rate® from the Customer for the supply of Goods and/or the Customer's acceptance of Goods or Services supplied by Fire Rate® shall constitute acceptance of the terms and conditions contained herein.3.2 Where more than one Customer has entered into this agreement, the Customer(s) shall be jointly and severally liable for all payments of the Price.3.3 Upon acceptance of these terms and conditions by the Customer the terms and conditions are binding and can only be amended with the written consent of Fire Rate®.3.4 The Customer shall give Fire Rate® not less than fourteen (14) days prior written notice of any proposed change of ownership of the Customer or any change in the Customer's name and/or any other change in the Customer's details (including but not limited to, changes in the Customer's address, facsimile number, or business practice). The Customer shall be liable for any loss incurred by Fire Rate® as a result of the Customer's failure to comply with this clause.3.5 Goods and Services are supplied by Fire Rate® only on the terms and conditions of trade herein to the exclusion of anything to the contrary in the terms of the Customer's order notwithstanding that any such order is placed on terms that purport to override these terms andconditions of trade.Fire Rate® - Terms & Conditions of Trade © Copyright – 2010

4. Price and Payment

4.1 At Fire Rate's sole discretion the Price shall be either:(a) As indicated on Website Shop Sale(s), Customer Quotation(s) Variations or added products & services provided by Fire Rate® to the Customer in respect of Goods supplied.4.2 Fire Rate® reserves the right to change the Price in the event of a variation to Fire Rate's online sales, Quotation(s) of sale or any Fire Rate Onsite Service.4.3 At Fire Rate's sole discretion a non-refundable deposit may be required. Fire Rate Terms for Quotation & Online sales Deposits;(a) 100% full payment on Supply Only Products & Online Shop Sales prior to deliveries or pick-ups(b) Standard 30% deposit to all quotations to proceed with manufacturing & collection of Goods for quotation(s).(c) 10% Deposits only apply to Residential projects over $20,000.00 GST Included + Home Warranty Insurance costs as instructed with NSW Fair Trading & only through Strata Agent representing the Owner(s) with proof of funding prior to Building contracts being issued. (d) 0% Deposit on Trade Accounts with 100% payment within 30 days of invoice(s).(e) Fire Rate's quoted Sale or Service Price (subject to clause 4.2) which shall be binding upon Fire Rate® provided that the Customer shall accept Fire Rate's quotation for either; online sale(s) Installation Deposit Payment Approval, and final total contract sum paid in full within (7) days from invoice date. If payment terms are to be changed, pre-arranged & agreed between Fire Rate and the Customer in writing prior to any deliveries or Onsite Services only, otherwise the Customer agrees to the payment Terms of (7) days. Any quotation made by Fire Rate® shall not be construed as an offer or obligation to sell and accordingly Fire Rate® reserves the right to accept or reject at its discretion any orders which it may have received. All orders and/or acceptance of the quotation must be confirmed in writing and/or Deposit payment, prior to manufacture or onsite service commencing. Full contract payment delays may incur additional costs, subject to project agreements for payment. 4.4 At Fire Rate's sole discretion:(a) Full payment shall be due prior to delivery of any Online Sale Goods; or(b) for Onsite Services within (7) days of date of final invoice claim.(c) Payment for approved Trade Account Customers shall be due maximum thirty (30) days following the end of the month in which a statement is emailed or posted to the Customer's address or address for notices.4.5 Time for payment shall be of the essence and will be stated on the invoice or any other forms. If no time is stated, then all final payment(s) shall be paid prior to or within seven (7) days following the date of the invoice.(a) If payments have not been received & cleared into Fire Rate bank account after 7 days, the delayed amount will be charges a weekly percentage fee of 2.5% of the total outstanding money owed. If not paid after 90 days, the Customer will supply access for Fire Rate to retrieve goods not paid for. The Customer agrees with these terms & will face legal action & outlaid costs if failure to pay occurs. All Goods & Onsite Services are the property of Fire Rate until full settlement of total contract sum.(b) Certification tags & certificates will not be issued until full contract payment is received.4.6 Payment will be made by either Internet Banking, cash, or by cheque, or by bank cheque, or by credit card (plus a surcharge of up to five percent (3.0%) of the Price), or by direct credit, or by any other payment method as agreed to between the Customer and Fire Rate.4.7 GST and other taxes and duties that may be applicable shall be added to the Price except when they are expressly included in the Price.4.8 Any dispute for any item on Fire Rate's invoice must be made to Fire Rate® immediately on the Customer's receipt of the invoice in question.4.8 Retention - Fire Rate do not agree with any project retentions being with-held & full contract payment(s) are required to certify works. If Fire Rate works are certified by others to avoid full contract payments, Fire Rate has the legal right to question the third party certifying company & take legal action against the Certifier & the Customer + all outlay costs to be added to total contract sum in settlement on overdue accounts. Fire Rate® - Terms & Conditions © Copyright – 2016

5. Delivery of the Goods

5.1 At Fire Rate's sole discretion delivery of the Goods shall take place when:(a) the Customer takes possession of the Goods at Fire Rate's pick-up addresses; or(b) the Customer takes possession of the Goods at the Customer's nominated address (in the event that the Goods are delivered by Fire Rate® or Fire Rate's nominated carrier); or(c) the Customer's nominated carrier takes possession of the Goods in which event the carrier shall be deemed to be the Customer's agent.5.2 At Fire Rate's sole discretion the costs of delivery are in addition to the Price and, where applicable, charged to the Customer's total contract sum, quotation or account.5.3 The Customer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery. In the event that the Customer is unable to take delivery of the Goods as arranged then Fire Rate® shall be entitled to charge a reasonable fee for redelivery.5.4 Delivery of the Goods to a third party nominated by the Customer is deemed to be delivery to the Customer for the purposes of this agreement.5.5 Fire Rate® may deliver the Goods by separate instalments. Each separate instalment shall be invoiced and paid in accordance with the provisions in these terms and conditions. Fire Rate® - Terms & Conditions of Trade © Copyright - 20105.6 The failure of Fire Rate® to deliver shall not entitle either party to treat this contract as repudiated.5.7 Fire Rate shall not be liable for any loss or damage whatsoever due to failure by Fire Rate® to deliver the Goods (or any of them) promptly or at all, where due to circumstances beyond the control of Fire Rate®.Fire Rate® - Terms & Conditions © Copyright – 2016

6. Risk

6.1 If Fire Rate® retains ownership of the Goods nonetheless, all risk for the Goods passes to the Customer on delivery.6.2 Where the Customer expressly requests Fire Rate® to leave Goods outside Fire Rate's pick-up premises for collection or to deliver the Goods to an unattended location then such Goods shall be left at the Customer's sole risk and it shall be the Customer's responsibility to ensure the Goods are insured adequately or at all.6.3 If any of the Goods are stolen, damaged or destroyed following delivery but prior to ownership passing to the Customer, Fire Rate® is entitled to receive all insurance proceeds payable for the Goods. The production of these terms and conditions by Fire Rate® is sufficient evidence of Fire Rate's rights to receive the insurance proceeds without the need for any person dealing with Fire Rate® to make further enquiries.6.4 Where Fire Rate® is delivering or/and installing the Goods to the Customer's nominated address; the customer shall ensure that Fire Rate® has clear and free access to the nominated address & door location(s) to enable them to deliver and/or installation of the Goods.Fire Rate® shall not be liable for any loss or damage to the site (including, without limitation, damage to rendered, plasterboard, brick, block or other walls, pathways, driveways, carpet, polished & decretive floors, tile, concreted, paved or grassed areas) unless due to thenegligence of Fire Rate® installations, repairs or onsite services.6.5 It shall be the Customer's responsibility to ensure all details are correct on Fire Rate's quotation prior to acceptance, Deposit of onsite services and/or orders to suit the requirements of the project. Any changes to fire rating protection levels, profiles, veneers, hardware and/or components are subject to variations, as per clause In the event Fire Rate® prepares a materials list or order (etc.) from specifications or information provided by the Customer, Fire Rate® shall not be responsible, or liable, for its accuracy or completeness.6.7 The Customer acknowledges that all doors must be primed and double top coated in a light, reflective colour immediately upon installation. Dark external colours may damage the door under exposed weather conditions and dark colours are not recommended to theses sun exposed areas. 6.8 Isolation of Alarm Systems to be pre-arranged by others, prior to any Fire Rate onsite delivery or onsite inspection, repair(s) or installation services. Any false alarms and/or Fire Brigade call-out fees/fines, to be paid by others! Fire Rate will not be liable cause by either others not covering detectors and/or alarms or Isolation of alarms and/or detector or other systems. Fire Rate® - Terms & Conditions © Copyright – 2016

7. Title

7.1 Fire Rate® and the Customer agree that ownership of the Goods shall not pass until:(a) the Customer has paid Fire Rate® all amounts owing for the particular Fire Door Goods and/or Services Contracted between the Customer & Fire Rate; and(b) the Customer has met all other obligations due by the Customer to Fire Rate® in respect of all/any contracts or written agreements via email or other, between Fire Rate® and the Customer.7.2 Receipt by Fire Rate® of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised and until then Fire Rate's ownership or rights in respect of the Goods or Services shall continue.7.3 It is further agreed that:(a) Fire Rate will not issue any; Certification Certificate and/or Fire Door and/or Frame Compliance Tags and/or Building Record Fire Door Logbook Service Information until such time that the full agreed contract payment, including any agreed variations has been paid in full by the Customer to Fire Rate; and(b) until such time as ownership of the Goods shall pass from Fire Rate® to the Customer; and(c) that Fire Rate® may give notice in writing to the Customer to return the Goods back to Fire Rate after 90 days; and(d) allow Fire Rate access to the contracted address to either the customers property fire door or the contractors customers property to retrieve any unpaid products or services. 90 Day maximum period before agreed that Fire Rate can retrieve goods & services upon such notice the rights of the Customer to obtain ownership or any other interest in the Goods shall cease; and(e) Fire Rate® shall have the right of stopping all Goods and/or Onsite Products and/or Services if agreed payments are not paid on time and cleared into Fire Rate’s bank account; and(f) if the Customer fails to return the Goods to Fire Rate® then Fire Rate® or Fire Rate's agent may (as the invitee of the Customer) enter upon and into land and premises owned, occupied or used by the Customer, or any premises where the Goods are situated and take possession of the Goods; and(g) the Customer is only a Bailee of the Goods and until such time as Fire Rate® has received payment in full for the Goods & supplied onsite quoted services, then and only then, the Customer shall hold any proceeds from the sale or Installed Fire Doors, Frames Approved Hardware or other; and(h) the Customer shall not deal with the money of Fire Rate® in any way which may be adverse to Fire Rate®; and(i) the Customer shall not charge the Goods in any way nor grant nor otherwise give any interest in the Goods while they remain the property of Fire Rate®; and(j) Fire Rate® can issue proceedings to recover the Price of the Goods and/or Installation Services sold notwithstanding that ownership of the Goods and Installation Services may not have passed to the Customer; and(k) until such time that ownership in the Goods passes to the Customer, if the Goods are converted into other products, the parties agree that Fire Rate® will be the owner of the end products and may retrieve any product or onsite service after 90 days.Fire Rate® - Terms & Conditions © Copyright - 2016

8. Personal Property Securities Act 2009 ("PPSA")

8.1 In this clause:(a) financing statement has the meaning given to it by the PPSA;(b) financing change statement has the meaning given to it by the PPSA;(c) security agreement means the security agreement under the PPSA created between the Customer and Fire Rate® by these terms and conditions; and(d) security interest has the meaning given to it by the PPSA.8.2 Upon assenting to these terms and conditions in writing the Customer acknowledges and agrees that these terms and conditions:(a) constitute a security agreement for the purposes of the PPSA; and(b) create a security interest in:(i) all Goods & Installed fire door systems or onsite services previously supplied by Fire Rate® to the Customer (if any);(ii) all Goods and/or services that will be supplied in the future by Fire Rate® to the Customer.8.3 The Customer undertakes to:(a) promptly sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which Fire Rate® may reasonably require to:(i) register a financing statement or financing change statement in relation to a security interest on the Personal PropertySecurities Register; Fire Rate®- Terms & Conditions of Trade © Copyright - 2010(ii) register any other document required to be registered by the PPSA; or(iii) correct a defect in a statement referred to in clause 8.3(a)(i) or 8.3(a)(ii);(b) indemnify, and upon demand reimburse, Fire Rate® for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register established by the PPSA or releasing any Goods charged thereby;(c) not register a financing change statement in respect of a security interest without the prior written consent of Fire Rate®;(d) not register, or permit to be registered, a financing statement or a financing change statement in relation to the Goods in favour of a third party without the prior written consent of Fire Rate®; and(e) immediately advise Fire Rate® of any material change in its business practices of selling the Goods which would result in a change in the nature of proceeds derived from such sales.8.4 Fire Rate® and the Customer agree that sections 96, 115 and 125 of the PPSA do not apply to the security agreement created by these terms and conditions.8.5 The Customer hereby waives its rights to receive notices under sections 95, 118, 121(4), 130, 132(3)(d) and 132(4) of the PPSA.8.6 The Customer waives its rights as a grantor and/or a debtor under sections 142 and 143 of the PPSA.8.7 Unless otherwise agreed to in writing by Fire Rate®, the Customer waives its right to receive a verification statement in accordance with section 157 of the PPSA.8.8 The Customer shall unconditionally ratify any actions taken by Fire Rate® under clauses 8.3 to 8.5.Fire Rate® - Terms & Conditions © Copyright - 2016

9. Defects

9.1 The Customer shall inspect the Goods on delivery and/or Repair and/or Onsite Installation Service(s) within seven (7) days of delivery or Onsite Service (time being of the essence) notifyFire Rate® of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote. The Customer shall afford Fire Rate® an opportunity to inspect the Goods within a reasonable time following such notification if the Customer believes the Goods are defective in any way. If the Customer shall fail to comply with these provisions the Goods shall be presumed to be free from any defect or damage. For defective Goods, which Fire Rate has agreed in writing that the Customer is entitled to reject, Fire Rate's liability is limited to either (at Fire Rate's discretion) replacing the Goods or repairing the Goods and/or Onsite Services except where the Customer has acquired Goods and/or onsite services as a consumer within the meaning of the Trade Practices Act 1974, or the Fair Trading Acts of the relevant state or territories of Australia, and is therefore also entitled to, at the consumer's discretion either a refund of the purchase price of the Goods, or repair of the Goods, or replacement of the Goods.9.2 Goods and/or Onsite Services will not be accepted for return other than in accordance with 9.1 above.Fire Rate® - Terms & Conditions © Copyright – 2016

10. Warranty

10.1 Fire Rate® certifies that the door frames supplied to the Customer are in accordance with normal industry standards of manufacture and/or to the Customer's specifications.10.2 Subject to the conditions of warranty set out in clause 10.3, Fire Rate® warrants that if any defect in any workmanship of Fire Rate® becomes apparent and is reported to Fire Rate® within twelve (12) months of the date of delivery or Installation/Onsite Service (time being of the essence) then Fire Rate® will either (at Fire Rate's sole discretion) replace or remedy the workmanship.10.3 The conditions applicable to the warranty given by clause 10.1 are:(a) the warranty shall only be applicable for fire rated and solid core doors, frames and/or installed approved fire door hardware supplied and/or Installed by Fire Rate.(b) the warranty shall exclude any:(i) door with a vision panel or air grill exceeding forty percent (40%) of the total surface area or more than fifty percent (50%) of door height.(ii) Block board door, which are known to exhibit problems with, bowing, twisting, and warping.(iii) door where a vision panel or air grill is installed less than 150mm from any edge of the door.(iv) door special custom manufactured to the Customer's specifications; including, but not limited to, oversized doors.(v) door painted in a dark gloss or semi-gloss colour.(c) the warranty shall not cover any defect or damage which may be caused or partly caused by or arise through:(i) failure on the part of the Customer (or Customer's agent) to properly install the Goods (including, but not limited to, excessive trimming of a door exposing the internal core of the door, or water infiltration on doors not properly sealed on all surface).(ii) Failure on the part of the Customer to properly maintain the Goods (including, but not limited to, removal of accumulated debris and maintaining the door surface).(iii) Failure on the part of the Customer to follow any instructions or guidelines provided by Fire Rate®.(iv) the misuse of the Goods (including, but not limited to, using a door on part of a building without providing adequate overhang - which depends on a typical weather conditions of the area where the door is to be used; but at the very minimum means an overhang projecting a distance from the structure equal to one half distance between the bottom of the door and the bottom of the overhang at the point which is the farthest from the door - or an appropriate finishcolour.(v) Slight expansion and contraction of the door, due to changes in temperature and humidity.(vi) Any use of any Goods otherwise than for any application specified on a quote or order form.(vii) The continued use of any Goods after any defect becomes apparent or would have become apparent to a reasonably prudent operator or user.(viii) Fair wear and tear, any accident or act of God.(d) The warranty shall cease and Fire Rate® shall thereafter in no circumstances be liable under the terms of the warranty if the workmanship is repaired, altered or overhauled without Fire Rate's consent.(e) in respect of all claims Fire Rate® shall not be liable to compensate the Customer for any delay in either replacing or remedying the workmanship or in properly assessing the Customer's claim.(f) The 12 month warranty shall take effect from the date of the final invoice.(g) Only tested and approved fire door hardware and/or accessories to be installed to Fire Rate supplied doors, frames or other. Fire Rate® - Terms & Conditions of Trade © Copyright - 2016

11. Intellectual Property

11.1 The Customer warrants that all designs or instructions to Fire Rate® will not cause Fire Rate® to infringe any patent, registered design or trademark in the execution of the Customer's order and the Customer agrees to indemnify Fire Rate® against any action taken by a third party against Fire Rate® in respect of any such infringement. Fire Rate® - Terms & Conditions © Copyright - 2016

12. Default and Consequences of Default

12.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at Fire Rate's sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.12.2 In the event that the Customer's payment is dishonoured for any reason the Customer shall be liable for any dishonour fees incurred by Fire Rate®.12.3 If the Customer defaults in payment of any invoice when due, the Customer shall indemnify Fire Rate® from and against all costs and disbursements incurred by Fire Rate® in pursuing the debt including legal costs on a solicitor and own client basis and Fire Rate's collection agency costs.12.4 Without prejudice to any other remedies Fire Rate® may have, if at any time the Customer is in breach of any obligation (including those relating to payment) Fire Rate® may suspend or terminate the supply and/or Installation Onsite Services of Goods to the Customer and any of its other obligations under the terms and conditions. Fire Rate® will not be liable to the Customer for any loss or damage the Customer suffers because Fire Rate® has exercised its rights under this clause.12.5 If any account remains overdue after thirty (30) days then an amount of the greater of twenty dollars ($20.00) or ten percent (10%) of the amount overdue (up to a maximum of three hundred dollars ($300.00), shall be levied for administration fees which sum shall become immediately due and payable.12.6 Without prejudice to Fire Rate's other remedies at law Fire Rate® shall be entitled to cancel all or any part of any order and/or quotation of the Customer which remains unfulfilled and all amounts owing to Fire Rate® shall, whether or not due for payment, become immediately payable in the event that:(a) any money payable to Fire Rate® becomes overdue, or in Fire Rate's opinion the Customer will be unable to meet its payments as they fall due; or(b) the Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or(c) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer.Fire Rate® - Terms & Conditions © Copyright – 2016

13. Security and Charge

13.1 Despite anything to the contrary contained herein or any other rights which Fire Rate® may have howsoever:(a) where the Customer and/or the Guarantor (if any) is the owner of land, realty or any other asset capable of being charged, both the Customer and/or the Guarantor agree to mortgage and/or charge all of their joint and/or several interest in the said land, realty or any other asset to Fire Rate® or Fire Rate's nominee to secure all amounts and other monetary obligations payableunder these terms and conditions. The Customer and/or the Guarantor acknowledge and agree that Fire Rate® (or Fire Rate's nominee) shall be entitled to lodge where appropriate a caveat, which caveat shall be withdrawn once all payments and other monetary obligations payable hereunder have been met.(b) should Fire Rate® elect to proceed in any manner in accordance with this clause and/or its sub-clauses, the Customer and/or Guarantor shall indemnify Fire Rate® from and against all Fire Rate's costs and disbursements including legal costs on a solicitor and own client basis.(c) the Customer and/or the Guarantor (if any) agree to irrevocably nominate constitute and appoint Fire Rate® or Fire Rate's nominee as the Customer's and/or Guarantor's true and lawful attorney to perform all necessary acts to give effect to the provisions ofthis clause 13.1.Fire Rate® - Terms & Conditions © Copyright – 2016

14. Cancellation

14.1 Fire Rate® may cancel any contract to which these terms and conditions apply or cancel delivery and/or Onsite Services of Goods at any time before; the(a) Goods are delivered or installed by giving written notice to the Customer. On giving such notice Fire Rate® shall repay to the Customer any sums paid in respect of the Price. Fire Rate® shall not be liable for any loss or damage whatsoever arising from such cancellation.14.2 In the event that the Customer cancels delivery of Goods or Onsite Services, the Customer shall be liable for any loss incurred by Fire Rate® (including, but not limited to, any loss of profits) up to the time of cancellation.14.3 Cancellation of orders for Goods or Onsite Services made to the Customer's specifications or non-stocklist items will definitely not be accepted, once production has commenced.14.4 Return Policy – Supply only products; if discovered that the wrong item(s) have been purchased or sent, the products will only offer return on Fire Door Hardware only. Any Fire Doors or Frames are not refundable & if required new doors or frames are needed, additional cost will apply & the removal & disposal for incorrect door & frames to be disposed by others, and an up-front payment for new doors and/or frames if required.(a) Fire safety doors, frames & approved hardware sales have a no return policy, unless agreed in writing by both Fire Rate & the Customer and full payment is received prior to either exchange and/or upgrade products.Fire Rate® - Terms & Conditions © Copyright - 2016

15. Privacy Act 1988

15.1 The Customer and/or the Guarantor/s (herein referred to as the Customer) agree for Fire Rate® to obtain from a credit reporting agency a credit report containing personal credit information about the Customer in relation to credit provided by Fire Rate®.15.2 The Customer agrees that Fire Rate® may exchange information about the Customer with those credit providers either named astrade referees by the Customer or named in a consumer credit report issued by a credit reporting agency for the following purposes:(a) to assess an application by the Customer; and/or(b) to notify other credit providers of a default by the Customer; and/or(c) to exchange information with other credit providers as to the status of this credit account, where the Customer is in default with other credit providers; and/or(d) to assess the creditworthiness of the Customer.The Customer understands that the information exchanged can include anything about the Customer's creditworthiness, credit standing, credit history or credit capacity that credit providers are allowed to exchange under the Privacy Act 1988.15.3 The Customer consents to Fire Rate® being given a consumer credit report to collect overdue payment on commercial credit (Section 18K(1)(h) Privacy Act 1988).Fire Rate® - Terms & Conditions of Trade© Copyright - 201015.4 The Customer agrees that personal credit information provided may be used and retained by Fire Rate® for the following purposes (and for other purposes as shall be agreed between the Customer and Fire Rate® or required by law from time to time):(a) the provision of Goods; and/or(b) the marketing of Goods by Fire Rate®, its agents or distributors; and/or(c) analysing, verifying and/or checking the Customer's credit, payment and/or status in relation to the provision of Goods; and/or(d) processing of any payment instructions, direct debit facilities and/or credit facilities requested by the Customer; and/or(e) enabling the daily operation of Customer's account and/or the collection of amounts outstanding in the Customer's account in relation to the Goods.15.5 Fire Rate® may give information about the Customer to a credit reporting agency for the following purposes:(a) to obtain a consumer credit report about the Customer;(b) allow the credit reporting agency to create or maintain a credit information file containing information about the Customer.15.6 The information given to the credit reporting agency may include:(a) personal particulars (the Customer's name, sex, address, previous addresses, date of birth, name of employer and driver's licence number;(b) details concerning the Customer's application for credit or commercial credit and the amount requested;(c) advice that Fire Rate® is a current credit provider to the Customer;(d) advice of any overdue accounts, loan repayments, and/or any outstanding monies owing which are overdue by more than sixty (60) days, and for which debt collection action has been started;(e) that the Customer's overdue accounts, loan repayments and/or any outstanding monies are no longer overdue in respect of any default that has been listed;(f) information that, in the opinion of Fire Rate®, the Customer has committed a serious credit infringement (that is, fraudulently or shown an intention not to comply with the Customers credit obligations);(g) advice that cheques drawn by the Customer for one hundred dollars ($100) or more, have been dishonoured more than once;(h) that credit provided to the Customer by Fire Rate® has been paid or otherwise discharged. Fire Rate® - Terms & Conditions © Copyright - 2016

16. Building and Construction Industry Security of Payments Act 1999

16.1 At Fire Rate's sole discretion, if there are any disputes or claims for unpaid Goods and/or Services then the provisions of the Building and Construction Industry Security of Payments Act 1999 may apply.16.2 Nothing in this agreement is intended to have the affect of contracting out of any applicable provisions of the Building and Construction Industry Security of Payments Act 1999 of New South Wales, except to the extent permitted by the Act where applicable. Fire Rate® - Terms & Conditions © Copyright - 2016

17. Customer's Disclaimer

17.1 The Customer hereby disclaims any right to rescind, or cancel any contract with Fire Rate® or to sue for damages or to claim restitution arising out of any inadvertent misrepresentation made to the Customer by Fire Rate® and the Customer acknowledges that the Goods are bought relying solely upon the Customer's skill and judgment.Fire Rate® - Terms & Conditions © Copyright – 2016

18. Onsite Services

18.1 Onsite Services where written referrers to; a Fire Rate employee or contractor has been instructed by the Customer to carry out either; Onsite measure or Onsite Inspection or Onsite Installation or Onsite Repair or Onsite Final Inspection. 18.2 The Customer must provide Fire Rate for Onsite Services;(a) Access to 240volt power for Fire Rate Onsite Services to carry our repairs & new fire door, frame and/or hardware installations.(b) Parking or additional parking fees/fines will be added to total contract sum for full payment.(c) Use on onsite amenities (d) Pre arranged access by others. Refer to 18.4.(e) Labour if pre-arranged to assist with unloading goods to work areas for either; deliveries or Onsite Services18.3 The Customer must provide a clean, well-lit safe work area, prior to Fire Rate Onsite Services. Fire Rate has the right to leave site & charge a variation for time loss in the event of an unsafe workplace. The site must be in accordance with Work Health and Safety requirements.18.4 Access to fire doors & Fire Safety Doors must be arranged by others. If access problems occur, there is a minimum $250.00 Plus GST per additional site visit and/or additional call back charge for; No access to any or several doors, to carry out works as quoted, whether onsite to site measure for manufacturing or to carry out an inspection, repair or new door, new door +frame or hardware installation; and(a) Unit entry fire door(s); either Fire Rate to carry out a site inspection, site measure, repair or new replacement, additional no access fees will apply if access has been pre-arranged & Fire Rate is required to return to site to gain access to that unit or premises. Any added costs for no access will be paid by the person or persons responsible for no access at the set time to have Fire Rate Onsite to carry out the quoted service. (b) a building site, either; commercial, residential or other 18.5 Painting – Fire Rate will only provide painting as a separate Onsite Service Option. The Customer can engage their own chosen painter to carry out painting services; and(a) Fire Rate are not liable for broken damaged walls when installing (Retro-Fit) Fire Door Frames to existing openings; and/or Fire Doors to existing frames (b) Fire Rate prime paint all new fire door top & bottom edges only, unless quoted & approved to carry out painting as requested by the Customer.(c) Fire Rate fire door, frame & architrave painting is only available with fast drying acrylic paints. Any oil based enamel paints or stains priced will require the fire door(s) to be choked open for an 8-24 hour drying time as required with the type of paint selected by the customer. (d) Fire Rate painting layers for painted and/or stained is 1 under-coat & 2 top colour coats. Or 2-3 coats of Varnish or stain.(e) Fire Rate will not be liable for any theft due to either removal of fire door while replacing or un-locked fire doors to dry or fire door replacements to be chocked open to dry after painting.18.6 Fire Rate will clean work area(s) on Onsite Installations at the end of each working day(a) Additional professional cleaning may be required at the customers own expense. Fire Rate Onsite Services cause fumes, noise and/or dust. (b) Fire Rate will clean the areas of work only. If dust or other is spread throughout the building, Fire Rate will not be liable for any additional cleaning fees, and Customers must understand that this is carpentry work and some projects are unavoidable in reducing dust, fumes & noise, but all care will be taken to reduce the spread of dust & fumes, and allowed for additional dust protection is requested by the Customer & quoted accordingly to the works required, prior to works commencing, only if listed within any Fire Rate Onsite Service quotation(s). 18.7 Fire Rate standard working hours; 7.00am – 4pm Monday-Friday. Any afterhours work or public holiday requested work will also incur additional overtime labour costs. Standard overtime rates apply for afterhours work(s)(a) If Fire Rate Onsite Services are approved & only quoted as normal working hours, but the Customer must Change to afterhours Onsite Services, then an approved variation to the original contract sum is to added & approved by the Customer, prior to any afterhours work commences. 18.8 If Fire Rate provides a fire door upgrade Onsite Service that is over $20,000.00 Including GST to any residential property, the Home Warranty Insurance is required by law & additional charges for this project policy will be added to the original quotation contract sum, as a variation or separate quoted price for this policy to be logged & approved, prior to work commencing, unless agreed by both parties prior to start conformation date.18.9 Liquidated damages is not agreed unless agreed in writing and signed/dated prior to any Onsite Services. If products are delayed due to manufacturing or supplier hold-ups or unforeseen or manufacturing delays, due to Deposit or progress payment failures, all Liquidated damages are void and Fire Rate will not be liable; and(a) if access or Customers or Customers contractors delay access to fire door inspections, installations or repairs requirements.18.10 If asbestos fire doors are to be discovered and not quoted, no repairs or product replacements to existing asbestos doors can be carried out. New doors will be required if existing asbestos doors require new hardware or other.(a) Additional fees will apply for asbestos removal, wrapping & disposal if not specified in the original contract agreement.(b) Fire doors manufactured prior to 1986 will be treated as asbestos unless a written test report for the door in question can be produced prior to any rectification works.18.11 If existing thresholds are uneven or not in accordance with Australian Standards. Additional charges may apply for variations to existing threshold plates or variation(s) will be presented to resolve & issue fire door certification. Certification will not be issued until resolved.Fire Rate® - Terms & Conditions © Copyright – 2016

19. Tagging and Certification

19.1 Certification tag(s) & certificate(s) will not be released until total agreed contract sum has been paid in full & cleared to Fire Rate bank account.19.2 Certification Compliance tags;(a) Tags will have the following information; manufacturer details, year of manufacturing, fire rate level & Certifier details.(b) Tags issued with supply only sales & services will have all information entered onto each tag with the exception of the Certifier. The Customer must either engage Fire Rate to carry out a final inspection of the door systems & either;(i) approve the installation. Engrave our details into the Certifier box & issue Certification certificate & Fire Door Log Book Data Entry for building records or;(ii) The Customer will engage their own Certifier to enter details on Fire Rate compliance tags & the certifier to provide their own; Company Letterhead Certification & Fire Door Logbook Details. (c) If fire door products are installed not in accordance with manufactures instructions & BCA & Australian Standards 1905.1 – 2005, by way of;(i) Excessive gaps between fire door & frame in the closed position, (Maximum gaps 3mm to both sides & head. Plus a maximum clearance of 10mm from floor to bottom of fire door!(ii) Frames not installed level, plumb & true(iii) Frame fixings are non-combustible plastic or non-specified fixing used. Recommend 100mm x 10mm countersunk steel Dyna-bolts to all retro fitted frames with options to reduce dyna-bolts to no less than 80mm up to 120mm+ (iv) Fire Door Frames have not been completely backfilled with grout – By Others; Fire Rate does not provide this backfilling service, unless requested and custom quoted as required per project. (v) Untested & approved fire door hardware and/or accessories. (Fire Rate recommends if Customers wanting to install fire doors, frames & hardware, if purchased elsewhere or through Fire Rate are to be installed to manufactures installation instructions. Any incorrect fitting of fire door frames, fire doors and approved hardware, will fail the fire door(s) and repairs or new door, frame or hardware may be required, pending if correctly functioning & fitting. If any items are proved to be installed not in accordance with Manufacturing, BCA & Australian Standards, the Certification & Warranty are void, until such time of corrections to achieve compliance. (d) If Fire Rate is entered as the certifier without engaging Fire Rate to carry out the final inspection service, penalty & legal fees will apply, and all warranty will be void.(e) If a fire inspection company, either Fire Rate or other; inspects the door(s) & fails any, a quotation for either rectification fire door repair product to be added or a quotation for replacements if beyond repair(s) will be required to receive certification & tagging.(f) Any non-self-latching fire door locks or accessories to prevent self-closing & escape existing will be failed.(g) These include; Dead-bolts, security chains, hold-open hooks or any non-tested & approve fire door hardware that stops the fire door(s) from self-closing will void any certification, liability & warranty. 19.3 If any fire doors are certified without Fire Rate consent or Fire Rate’s Onsite Inspection services are listed as certified by Fire Rate, then Fire Rate will terminate any warranty’s or guarantee warranty periods(a) Fire Rate have the legal right to pursue action against any false certification from Customers or other parties to be issued Certification. (i) If found that this occurs, all warranties & liabilities are void.(ii) Fire Rate will seek legal action if required for non-compliant fire door products & Onsite services signed off in our name (Fire Rate) as the certified, if not engaging Fire Rates Inspection, Testing & Onsite Services. (iii) the tag(s) provides information & the Certifier box on each tag must have engraved company Name and a photo/video of Notification Certifications from us will get local council to stop 19.4 Compliance fire door & frame tags, must be mechanically fixed to either the fire door, And/or new existing or new frame(s) – Only at such time that the fire door system is installed & correctly working within accordance with manufacturing instructions, BCA & Australian Standard 1905.1 – 2005 only!19.5 Any fire door frame(s) not backfilled or backfilled with another product other than Grout, cement, sand & cement or concrete must receive written approval by Fire Rate to use as backfill, will be failed & not certified by Fire Rate. (i) this will also void the fire rating level & compliance 19.6 Walls must have a rating to the maximum rating required for the fire door system for that location.(i) Fire Door Systems will fail if walls are not constructed to wall product manufactures & the maximum rating certificated to Fire Rate with Company Letterhead, signed & dated; stating the wall rating. (ii) all warranties will be void if existing or new walls are constructed without an FRL 9Fire Rating Level) to match the required fire door system rating (iii) Wall certifications will be requested if engaging Fire Rate is to carrying out the final inspection and certification/tagging Onsite Service.19.7 Only once full contract payment has been received – see 4.5 (b), including final inspection if requiring Fire Rate to inspect and test, will Fire Rate issue compliance tags & Certification Certificate/Logbook.(i) and that fire systems will only be certified if correctly installed, backfilled where required & hardware installations, installed to hardware manufactures instructions & also fire door core instructions. 19.8 Fire Rate has the legal right to withhold certification tags, Certificates & Logbook Data Reports until such time of receiving bank cleared final total contract sum claim(s) with no money owed, and if any failed items are found, have been rectified in accordance with Australian Standards.(i) If failed items are not rectified, no certification/tagging/logbook services will be provided, until failed items are rectified or replaced in needed. 19.9 Fire Rate is not a fire consultant company and we cannot determine fire door systems for installations & swings of door directions. We require a fire consultant or council reports to quote for fire door upgrades, referring to the report & certified to the report requirements. (i) No fire consultants or council report requirements, to proceed with Fire Rate door products & service to existing fire door repairs or replacements are needed in most cases. We do however require instructions of required FRL rating and swing of door direction to achieve a safe existing building, in the event of an emergency.(ii) Hardware instructions, either lever locks, Panic bars, smoke seals and/or drop seal requirements, is to be determined by others. Fire Rate cannot make this call & instructions by others will be required on upgrades & new construction buildings throughout Australia.

20. Website and Online Services

20.1 If you continue to browse and use the Fire Rate website you are agreeing to comply with and be bound by the following additional website Terms and Conditions of use, which together with our privacy policy govern Fire Rate's relationship with you in relation to this website.20.2 The term Fire Rate® or "us" or "we" refers to the owner of the website whose registered office is PO Box 224 Narrabeen NSW 2101.Our company registration number is BN98251045 with Australian Securities & Investments Commission NSW.20.3 "you" refers to the user or viewer of our website.20.4 The content of the pages of this website is for your general information and use only. It is subject to change without notice. 20.5 Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on the Fire Rate website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.20.6 Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.20.7 This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.20.8 All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.20.9Unauthorised use of this website may give to a claim for damages and/or be a criminal offense.20.10 From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).20.11 You may not create a link to this website from another website or document without Fire Rate's prior written consent.20.12 Your use of this website and any dispute arising out of such use of the website is subject to the laws of Australia.Fire Rate® - Terms & Conditions © Copyright - 2016

21. Genera

l21.1 If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.21.2 If any provisions of these terms and conditions are inconsistent with the PPSA, the PPSA shall prevail to the extent of that inconsistency.21.3 These terms and conditions and any contract to which they apply shall be governed by the laws of New South Wales and Australia and are subject to the jurisdiction of Manly NSW local court.21.4 Fire Rate® shall be under no liability whatsoever to the Customer for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the Customer arising out of a breach by Fire Rate® of these terms and conditions.21.5 In the event of any breach of this contract by Fire Rate® the remedies of the Customer shall be limited to damages which under no circumstances shall exceed the Price of the Goods.21.6 The Customer shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Customer by Fire Rate® nor to withhold payment of any invoice because part of that invoice is in dispute.21.7 Fire Rate® may license or sub-contract all or any part of its rights and obligations without the Customer's consent.21.8 The Customer agrees that Fire Rate® may review these terms and conditions at any time. If, following any such review, there is to be any change to these terms and conditions, then that change will take effect from the date on which Fire Rate notifies the Customer of such change.21.9 Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the reasonable control of either party.21.10 The failure by Fire Rate® to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect Fire Rate's right to subsequently enforce that provision.Fire Rate® - Terms & Conditions © Copyright – 2016

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