Goods supplied by Omni Group Pty Ltd are supplied upon the following terms and conditions and not otherwise, and Omni Group Pty Ltd expressly rejects any conditional sales order placed by the customer.

1.  A contract is formed when Omni Group Pty Ltd has received an order and sends the customer a written acceptance.

2. The price is that quoted by Omni Group Pty Ltd in respect of the particular order and not in any brochure or other product information published. Prices are ex warehouse. The customer shall arrange to bear the cost of delivery, freight and insurance.

3. Dispatch dates will be observed subject to Omni Group Pty Ltd ability to effect transport by available means.

4. No claims in reference to items covered by an invoice will be recognized unless made in writing within 7 days of delivery.

5. Suspend Supply. Omni Group Pty Ltd reserves the right at all times to suspend the supply of further goods or services on credit to the customer without having to give reasons for its actions to the customer or its agents, and demand full settlement of all transactions forthwith.

6. Payment is to be made within 30 days following the month in which the invoice is rendered and if not paid, Omni Group Pty Ltd reserves the right to charge interest at the rate set by the Penalty Interest Rates Act, 1983 (Victoria) on all overdue invoices from the date of the invoice. If payment is not made in accordance with these terms and conditions all amounts due to OMNI Group Pty Ltd become immediately due and payable.

7. Unless prevented by statute all implied terms, conditions and warranties are excluded. Omni Group Pty Ltd is not responsible for the use or misuse of the goods or the installations thereof by the customer or third party. The customer’s remedy for any breach of condition warranty or condition of goods shall be limited, at the discretion of Omni Group Pty Ltd, to the replacement of the goods and shall not include any consequential loss, loss of revenue, loss of profit or damages in the event of any defect in or failure of goods.

8. All goods are supplied subject to retention of title. The goods remain the property of Omni Group Pty Ltd until complete payment of all claims due to Omni Group Pty Ltd arising from all business transactions between Omni Group Pty Ltd and the customer. Prior to use or resale of goods the customer shall maintain them in an identifiable condition in store or on site. The customer may resell the goods in the ordinary course of business to an unrelated third party customer subject to maintaining Omni Group Pty Ltd rights against the goods and acting as fiduciary in recovering payment of the goods and segregating such proceeds for the account of Omni Group Pty Ltd and until Omni Group Pty Ltd is paid in full. The customer assigns to Omni Group Pty Ltd any claims or rights against sub- customers in order to enable Omni Group Pty Ltd to make full recovery of all monies owed to it in respect of the goods.

9. The customer agrees that sections 95, 96, 115, 118, 121(4), 125, 130, 132(4), 135, 142 and 143 of the Personal Property Securities Act (PPSA) do not apply to any security interests created by these terms and conditions and agrees to waive its rights to a verification statement.

10. All monies clause. In the event of the customer defaulting in any of the terms of this agreement including the payment of all monies due under this agreement, then Omni Group Pty Ltd shall have the right (without giving notice) to retake possession of any Omni Group Pty Ltd goods supplied to the customer and the customer herby authorizes and allows Omni Group Pty Ltd or its representative, servant, agent or employee to enter the premises upon which the goods are housed or stored for the purpose of retaking possession of same and Omni Group Pty Ltd shall not be liable for any costs, losses, damages or any other monies or losses suffered by the customer as a result of Omni Group Pty Ltd retaking possession of the goods.

11. The customer charges all of its property, whether legal or equitable, and whether held as trustee of a trust or not, that it presently holds or subsequently acquires, to secure any amounts due by the customer to Omni Group Pty Ltd.

12. This sale is governed by the law of Victoria. All disputes arising hereunder will be dealt with in the courts of Victoria and courts hearing appeals there from. 14. The customer hereby releases, indemnifies and defends Omni Group Pty Ltd from and against any losses, liabilities, claims and costs caused by or arising out of the way in which they are contained or made in compliance with the customer’s design or specification.

13. Omni Group Pty Ltd will not be responsible for any delay in or failure of performance of supply or delivery caused by circumstances beyond its control including, but not limited to, strikes, lock-outs, labour disturbances, Act of Government, riot, civil war, commotion, fire, flood, failure of power supply or similar event and shall not be liable for any consequential loss, damage, expense or claim suffered by the customer or any other party as a result of any such event.

14. Omni Group Pty Ltd may in its absolute discretion accept the return of standard products (but not special products) to the credit of the customer provided that such products are returned to its factory unused and undamaged before the expiry of 7 days after their delivery to the customer and the customer agrees to pay a handling and administration charge equal to 15% of the price and meets payment of freight charges. No returns of special products will be accepted.

15. No Refund Policy. Omni Group Pty Ltd reserves the right to exchange goods and not refund purchase monies. Please note that Omni Group Pty Ltd reserves the right to charge a 15% restocking fee for any goods returned with no exchange.

16. Notification of change in ownership. The customer shall no later than 14 days prior to any changes of ownership, change in Registered Particulars, alteration, addition to the shareholding or directorships, notify Omni Group Pty Ltd in writing of the proposed change and the customer shall notify Omni Group Pty Ltd of any change, alteration or addition to Omni Group Pty Ltd and the customer and the guarantor shall be liable for the purchase price of any goods supplied by Omni Group Pty Ltd after such change, alteration.

17. If a clause or part of a clause in these terms and conditions is illegal, unenforceable or invalid then that clause or part thereof is excluded from these terms and conditions without affecting the enforceability of the remaining terms and conditions.

18. Omni Group Pty Ltd reserves the right to charge the customer all fees and charges including credit card fees, debt collection fees, fees for dishonoured cheques and all legal costs necessarily incurred to recover any amounts due by the customer to Omni Group Pty Ltd.

19. These conditions will not be varied or waived unless Omni Group Pty Ltd agrees in writing.

Date: 05/04/2023