Estimates

      7.1    CW Mechanical reserves the right to sub-contract the manufacture and/or supply of the Goods to a third party. Title The Customer agrees that title in and to the Goods will not pass to the Customer until: the Customer has paid CW Mechanical all amounts owing for any Goods supplied by CW Mechanical; and the Customer has met all other obligations due by the Customer to CW Mechanical in respect of all invoices and contracts as and between CW Mechanical and the Customer. The parties acknowledge and agree as follows: Where practicable, the Customer will keep the Goods separate and identifiable until CW Mechanical has received payment in full of all outstanding monies the Customer owes CW Mechanical and all other obligations of the Customer have been complied with. Until such time as title in and to the Goods passes from CW Mechanical to the Customer pursuant to these Terms & Conditions, CW Mechanical may give notice in writing to the Customer to return the Goods or any of them to CW Mechanical.   CW Mechanical will have the right of stopping the Goods in transit whether or not delivery has been made. If the Customer fails to return the Goods to CW Mechanical then CW Mechanical or CW Mechanical’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. The Customer is only a bailee of the Goods and until such time as CW Mechanical has received payment in full of all outstanding monies the Customer owes CW Mechanical and the Customer will hold any proceeds from the sale or disposal of the Goods, up to and including the amount the Customer owes to CW Mechanical for the Goods, on trust for CW Mechanical.  The Customer will not deal with the money of CW Mechanical in any way which may be adverse to CW Mechanical’s interests. The Customer will not charge the Goods in any way nor grant nor otherwise give any interest (including any security interest) in the Goods until title in the Goods pass to the Customer. CW Mechanical may issue proceedings to recover any monies owing by the Customer, notwithstanding that title to or in the Goods may not have passed to the Customer. Until such time as title to or in the Goods passes to the Customer by the operation of this clause 6, if the Goods are converted into other products, the parties agree that CW Mechanical will be the owner of any end products comprising the Goods. Risk & Loss Notwithstanding anything else in these Terms & Conditions, all risk in the Goods passes to the Customer at the time of delivery and the Customer must insure the Goods from that time. If any of the Goods are damaged or destroyed after delivery of the Goods but prior to title in the Goods passing to the Customer, CW Mechanical is entitled to receive all insurance proceeds received by the Customer for the Goods.  The production of these Terms and Conditions by CW Mechanical is sufficient evidence of CW Mechanical’s rights to receive the insurance proceeds without the need for any person dealing with CW Mechanical to make further enquiries. CW Mechanical is not responsible for any loss or damage to the Goods in transit.  CW Mechanical will render the Customer, at is own discretion such assistance as may be necessary for claims associated with the loss provided the Customer shall have notified CW Mechanical and the particular carrier in writing immeadiately when the loss or damage is discovered on reciept and shall file a claim with the carrier or its insurer within 3 days of the receipt of the Goods CCA Subject to CW Mechanical’s statutory obligations under the CCA the following provisions apply: CW Mechanical’s liability for a breach of a condition or warranty implied by Pt 3–2 Div 1 of the CCA is limited to any one (1) or more of the following: the replacement of the Goods or the supply of equivalent goods; the repair of the Goods; the payment of the cost of replacing the Goods or of acquiring equivalent goods; or (iv) the payment of the cost of having the Goods repaired. Subject to CW Mechanical’s statutory obligations under the CCA and except as provided in these Terms & Conditions, all express and implied warranties, guarantees and conditions under statute or general law as to merchantability, description, quality, suitability or fitness of goods for any purpose or as to design, assembly, installation, materials or workmanship or otherwise are expressly excluded.   CW Mechanical is not liable to the Customer for any physical or financial injury, Loss or Consequential Loss of any kind arising out of the supply, layout, assembly, installation or operation of the Goods or arising out of negligence or in any way whatsoever. CW Mechanical’s liability under section 274 of the CCA is expressly limited to a liability to pay the Customer an amount equal to: the cost of replacing the Goods; the cost of obtaining equivalent goods; or (iii)   the cost of having the Goods repaired,  whichever is the lowest amount. PPSA In this clause: financing statement has the meaning given to it by the PPSA; financing change statement has the meaning given to it by the PPSA; security agreement means the security agreement under the PPSA created between the Customer and CW Mechanical by the Terms & Conditions; and security interest has the meaning given to it by the PPSA. Upon assenting to these Terms and Conditions in writing the Customer acknowledges and agrees that these Terms & Conditions: constitute a security agreement for the purposes of the PPSA; and create a security interest in: (i)                   all Goods previously supplied by CW Mechanical to the Customer (if any); and (ii)           all Goods that will be supplied in the future by CW Mechanical to the Customer. The Customer undertakes to: 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 CW Mechanical may reasonably require to: register a financing statement or financing change statement in relation to a security interest on the PPSR; register any other document required to be registered by the PPSA; or correct a defect in a statement referred to in clause 11.3.1(i) or clause 11.3.1(ii);
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