Terms and Conditions

ECO SALON SUPPLIES PTY LTD – GENERAL TERMS AND CONDITIONS OF SALE

1. INTRODUCTION

1.1 These terms and conditons apply to all or any professional and retail products which are supplied to the purchaser (Customer) by Eco Salon Supplies Pty Ltd (ESS)

1.2 ESS terms and condi)ons of sale override, supersede and replace any exis)ng terms and condi)ons and any previous dealings between the Customer and ESS and

cannot be varied, amended or replaced except in wri)ng signed by the Managing Director of ESS.

1.3 The customer acknowledges and agrees that any Products supplied or to be supplied by ESS are supplied only on these terms and condi)ons and that the Customer

will be deemed to have acknowledged and accepted these terms and condi)ons each )me it places an order for Products with ESS.

2. ORDER, DELIVERY AND CLAIMS

2.1 ORDERS

2.1.1 ESS may accept (in whole or part) any Order, subject to availability of Products, or decline any Order. ESS reserves the right to withdraw some Products from its

catalogue. Where an Order is placed for one or several withdrawn Products, ESS will advise the Customer as soon as possible. ESS reserves the right to refuse to deliver in whole

or in part what it deems as an unusually high Product Orders.

2.1.2 Orders must be placed on the basis of the packaging standard indicated by ESS. If the quan))es ordered are non-standard, ESS reserves the right to adjust the Order

to the nearest packaging standard. Orders below the minimum order value at the invoiced price (excluding GST) contained in the relevant ESS price list will not be accepted or

processed. ESS reserves the right to amend the minimum order value at any )me.

2.1.3 ESS shall not be liable for any loss of profits or contracts or any other indirect or consequen)al loss, damage or injury cased by or arising out of any refusal,

suspension or cancella)on of any Order, regardless of whether it was accepted or delivered in whole or in part and not at all, or of a negligence, breach of contract or howsoever

by ESS.

2.1.4 The Customer agrees to purchase the Products exclusively from ESS or a wholesale merchant authorized by ESS to stock and sell the Products and the purchaser shall

immediately report to ESS any circumstance coming to its no)ce whereby ESS products are bing offered for sale in Australia to the Customer or like businesses other than by ESS

or any party authorized by ESS.

2.2 DELIVERY

2.2.1 Arrival dates and )mes quoted to the Customer are guidelines only, and delays shall not en)tle the Customer to cancel the sale, reject the Products or claim

damages, costs or any other compensa)on or take any other ac)on against ESS.

2.3 INSPECTION AND CLAIMS

2.3.1 Subject to clause 13 herein, upon receipt of the Products, the Customer shall inspect the Products and note any discrepancy, visible defect and/or damage in the

deliveries on the delivery no)ce or the carrier’s form. The Customer shall no)fy the Customer Service Department of ESS in wri)ng of such discrepancy, visible defect and/or

damage in the deliveries within 5 business days upon receipt of the Products. A]er 5 business days, the Customer will be deemed to have accepted the Products and ESS will not

consider any Claim, subject to applicable law. ESS may also refuse to consider any Claim where the Claim procedure has not been followed.

2.3.2 Any returns (arising under any circumstance whatsoever) must be authorised prior by ESS and may incur a 20% holding charge. Subject to applicable law, any product

which:

2.3.2.1 Bears or has borne price s)ckers or has been damaged or defaced by the customer in any way; or

2.3.2.2 Has been stored in condi)ons that are abnormal or incompa)ble with its nature, will not be accepted for return by ESS.

2.3.3 Where the discrepancy, defect or damage the subject of the Claim is properly no)fied and evidenced by the Customer and acknowledged by ESS, ESS shall at its sole

discre)on either replace at its expense the miscounted, defec)ve and/or damaged Products. Products delivered in excess shall be returned to ESS or invoiced to the Customer if

the Customer accepts the Products in excess.

3. PRICES

3.1 ESS’s prices are subject to change on reasonable no)ce. The price payable will be the price no)fied on the price list plus any applicable taxes including GST. If a price

is stated as Recommended Retail Price in our price list or other ESS publica)on, it is a recommended price only and there is no obliga)on to comply with the recommenda)on

made by ESS.

3.2 Any handling or freight charges or other expenses no)fied on the price list are payable in addi)on by the Customer, including any Customer request for special

delivery. ESS reserves the right to amend the charges at any )me.

4. INVOICING & PAYMENTS

4.1 Payment is to be made in full to ESS, without set off, deduc)on or counterclaim of any kind, 30 days from the date of the invoice, unless otherwise agreed prior with

ESS. Payment is required by electronic bank transfer to ESS nominated bank account, cheque or by credit card and ESS reserves the right to charge the Customer any applicable

bank charges, card merchant fees or costs rela)ng to such payment of invoices. For any electronic bank transfer, the Customer must ensure that the ESS account number is

included so that the payment is correctly referenced. At the )me of payment, the Customer myst also confirm by email to ESS the details of the payment, including the date,

amount and invoice number.

4.2 The Customer must pay by the date specified on the invoice. If any invoice is not paid in full on or by the due date (without limi)ng any other rights ESS may have),

ESS may charge the Customer with a late payment fee.

4.3 The default will not be remedied un)l the outstanding amount together with any late payment fee (if charged) payable under this clause is paid in full. Any expenses,

costs or disbursements incurred by ESS in recovering any outstanding amounts, including debt collec)on agency fees or legal fees, shall be recoverable from the Customer. ESS

reserves the right to cancel or suspend further deliveries or, if necessary, require a cash payment before any delivery of Products.

5. RISK AND TITLE

5.1 For Customers purchasing products from ESS the risk in the Products passes to the Customer, and the delivery of the Products occurs, when they are placed on the

vehicle for delivery from ESS warehouse or collected from ESS by the Customer or the Customers agent. The place of delivery is ESS warehouse.

5.2 For Customers of ESS products the risk in the Products passes to the Customer, and the delivery of the Products occurs, when they are received by the Customer (or

Customers Agent) at their premises.

5.3 Property and ownership of the Products does not pass to the Customer un)l the full purchase price and all other amounts owing to ESS are paid.

5.4 ESS or its agents may enter the Customer’s premises to take possession of any of its Products in the event that any payment (in respect of those or any other

products) becomes overdue or if any other creditor of the Customer’s takes any steps to recover monies due by the Customer or has grounds for taking such steps.

6. PERSONAL PROPERTIES AND SECURITIES ACT 2009 (“PPSA”)

6.1 The customer acknowledges that these terms are a con)nuing security agreement for the purposes of sec)on 20 of the PPSA and will operate irrespec)ve of any

intervening payment or seclement of account un)l a release has been signed by ESS.

6.2 A security interest is taken in all Products previously supplied to the Customer and in all Products that will be supplied in the future by ESS to the Customer during the

con)nuance of ESS’s rela)onship with the Customer.

6.3 The Customer will sign all further documents and so such further acts which ESS may reasonably require to register financing statement or financing change of

statements on the PPSA register.