• Improper installation or failure to follow fitting instructions
• Failure due to improper maintenance
• Indirect or consequential loss or damage
• Cost of freight and/or travelling time

Trading days
Monday - Friday

Settlement terms
All account customers - Nett 30 days from the close of the month that items have been ordered and delivered.
Non-account customers strictly CBD (Cash Before Delivery)

GST
The tax applicable will be governed by the laws operating in Australia or New Zealand at the time of sale.

Special orders
'Non-Stock' items sourced and purchased on your behalf are subject to the relevant suppliers trading terms and conditions.
All Special Orders MUST include a signed 'Lincoln Sentry - Non-stock purchase order form'. In the event of a credit return, a payment of 15% - 25% restocking fee will apply. Custom made or made-to-order goods are strictly NON-REFUNDABLE.

• Company notified within 30 days
• Goods returned must be in original condition and free from defects when returned
• Copy of invoice to accompany goods for return

Faulty/damaged stock
Above conditions apply, however Lincoln Sentry reserves the right to reject any claim(s) where the item has been fitted or used in any application that may void the manufacturers warranty.

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1. In these Terms and Conditions of Trade Credit ("Terms and Conditions"), unless the context otherwise requires:
(a) "the Company" means Lincoln Sentry Group Pty Ltd ABN 59 010 624 389 ACN 010 624 389 and includes any subsidiary or related entity as those terms are defined in the Corporations Act 2001 and any agents, employees, successors and assigns.
(b) "Applicant" means any person, firm, corporation or in the case of an unincorporated body, each proprietor jointly and severally that has requested the supply of goods from the Company, and includes employees, agents, successors, administrators, and assigns of the Applicant. Where the Applicant is comprised of two or more persons then it means each person jointly and severally.
(c) "goods" means any item available for sale (including any services) to the Applicant by the Company.
(d) "non-complying order" means an Applicant's order that does not meet the Company's requirements.
(e) a reference to the singular includes the plural and vice versa.
(f) a reference to one gender includes the other gender and vice versa.
(g) A reference to natural person shall include a corporation. (h) Application for credit means these Terms and Conditions and the accompanying application by the Applicant.

2. All goods sold by the Company are sold and supplied on these Terms and Conditions as amended from time to time by the Company in writing at its discretion. Any alterations to these Terms and Conditions shall apply to all transactions between the Applicant and the Company occurring after written notification of the altered Terms and Conditions has been sent to the Applicant.

3. The Company in its absolute discretion may refuse to sell the goods to the Applicant whether or not part of a contract has been performed where the goods are unavailable for any reason, a non-complying order is received or the Applicant has defaulted under these Terms and Conditions.

4. An order for the sale of goods shall identify the goods ordered, the quantity required and refer to any quotation pursuant to which the order is made. The Company may supply goods that vary from the goods ordered by the Applicant and the Applicant must accept the goods supplied provided that such variations are not material.

5. Any variation of an order or cancellation of an order must be agreed in writing by the Company.

6. "GST" and "taxable supply" have the meanings given to them, respectively, in the A New Tax System (Goods and Services Tax) Act 1999.
(a) The Applicant agrees to reimburse the Company for any GST payable by the Company for any taxable supply by the Company to the Applicant.
(b) The Company will issue to the Applicant a tax invoice for that supply.
(c) The Company warrants that it is registered for GST purposes.
(d) An administration fee will be payable by the Applicant for any claim of credit on a return of any supply by the Applicant. The amount of that fee will be 10% of the GST component of the transaction.

7. If agreed by the Company, it shall deliver the goods to the address nominated by the Applicant. If the Company delivers the goods then:
(a) the Applicant shall pay all freight and other charges associated with the delivery.
(b) the Applicant or its representative shall be present at the agreed place and time for delivery. If not present, the Company may unload the goods at that place and in which case the goods will be deemed to have been delivered and the Company will not be responsible for any claims, costs or losses suffered by the Applicant.
(c) In the event that a delivery date is nominated by the Applicant, the Company shall take all reasonable steps to achieve delivery on or about that date. However, no promise is given that the goods will be available on that date, and in the event that the Company is unable to deliver the goods on that date, it shall not be liable for any loss (including consequential loss) for failure or delay in delivery. In no case shall the Company be liable for any amount payable by the Applicant to a third party as a result of a failure or delay in delivery by the Company due to any cause whatsoever.

8. Subject to these Terms and Conditions all the goods shall be paid for before delivery by the Applicant to the Company irrespective of whether delivery is a part or all of a sale.

9. The Applicant shall not be entitled to make any claim upon the Company if any amounts are outstanding from the Applicant to the Company. The Applicant is not entitled to set off any amounts against its outstanding debts to the Company. The Company may at any time set-off amounts owed by the Company to the Applicant against any sums owed by the Applicant to the Company.

10. The Applicant shall not deduct any sum from the amount due on any Company invoice or statement for any reason whatsoever.

11. The risk in goods shall pass to the Applicant upon delivery. The Applicant shall insure the goods against loss or damage from time to time.

12. In relation to goods supplied to the Applicant:-
(a) Property in goods shall remain with the Company until the latter of:- (i) Payment in full for those goods; and (ii) Payment in full of all other monies owing or unpaid by the Applicant to the Company including monies in respect of goods previously or subsequently supplied to the Applicant.
(b) The risk in those goods shall pass to the Applicant immediately on delivery to the Applicant or upon the goods entering the Applicant's custody (whichever is the sooner) and the Applicant shall insure those goods thereafter against any such risks as the Applicant thinks appropriate;
(c) The relationship between the Applicant and the Company shall be fiduciary;
(d) The Applicant will hold those goods as bailee for the Company and will be responsible for any loss, damage or conversion of the Company's goods;
(e) Those goods shall be stored by the Applicant in a manner as to show clearly that they remain the property of the Company, until such time as the goods have been paid for in full. The Company may enter onto the Applicant's premises to inspect or repossess the goods at any time;
(f) The Applicant is at liberty to sell the goods in the ordinary course of the Applicant's business, for full market value, provided that the Applicant accounts to the Company for any proceeds of such sale and those proceeds shall be kept in a separate account on trust for the Company for that purpose, until accounted for to the Company;
(g) Where the Applicant sells those goods, the Applicant will sell as principal and the Applicant has no power to commit the Company to any contract or liability, but as between the Applicant and the Company, the Applicant will sell as fiduciary agent;
(h) The Company will be given full ownership as security of any new goods or objects formed if the Applicant transfers the Company's goods into other products or affixes those goods to other objects;
(i) Despite the provisions of this clause, the Company is entitled to maintain an action against the Applicant for the purchase price of the goods.

13. The Applicant shall inspect the goods immediately upon delivery, and carry out any tests that a prudent Applicant would carry out.

14. The Applicant shall give written notice to the Company of any alleged irregularity in quantity or description, or any faults or defects within five (5) working days from the delivery.

15. If no notice is given by the Applicant to the Company in accordance with clause 14 above, the Applicant shall be deemed to have accepted the goods and the Applicant shall lose any right to reject the goods or claim any remedy whatsoever (including damages) against the Company.

16. Goods must be returned, at the cost of the Applicant, to the Company site from where they were purchased. Goods returned for credit and accepted by the Company will be subject to handling charges of an amount equivalent to 10% of the credit claimed. If goods are not returned after 30 days of notification of the claim to the Company the Applicant shall not be entitled to any credit. Unless otherwise agreed, no request for credit will be approved until a representative of the Company has inspected the goods on which the credit is claimed. Until this inspection, the Applicant is responsible for maintaining proper care of the goods in question. The Company will not accept claims for damaged or defective goods or for goods returned where the Applicant has not maintained proper care in the opinion of the Company of the delivered goods.

17. The Applicant acknowledges and agrees that goods produced/manufactured on the Applicant's instruction; goods damaged or lost in transit; non-returnable goods ordered specifically for the Applicant; goods altered or damaged by the Applicant are not acceptable for return or credit.

18. Any liability of the Company with respect to the goods shall arise in accordance with these Terms and Conditions only and shall be limited to the replacement of the goods or the payment of the cost of replacing the goods or acquiring equivalent goods, as the Company may elect.

19. The Applicant hereby charges all beneficial interests (freehold and leasehold) in land wherever located held now or in the future by the Applicant with the amount of the Applicant's indebtedness to the Company and the Applicant's obligations pursuant to the Terms and Conditions. The Applicant agrees that if demand is made by the Company, the Applicant will immediately execute a consent to caveat, or a caveat or mortgage, as required by the Company to secure the obligations pursuant to this clause. If the Applicant fails to execute a consent to caveat, a caveat or mortgage within a reasonable time of being so requested, the Applicant irrevocably and by way of security appoints the Company and any agent or solicitor of the Company to be the Applicant's true and lawful attorney to execute and register such instruments.

20. In the event that any of these terms or part of a term cannot be given effect for any reason then the term or part of a term which cannot be given effect shall be severed and read down respectively and the remaining terms and part of any term shall remain valid and binding on the parties.

21. These Terms and Conditions and any contract between the Company and the Applicant shall be governed by the laws of the State of Queensland. The parties submit to the exclusive jurisdiction of the courts in Brisbane. The parties agree that the proceedings may be commenced in any court in Brisbane and consent to that court having jurisdiction, notwithstanding that the court would not have such jurisdiction without this clause.

22. A statement in writing signed by any Director, Secretary, Credit Manager or other duly authorised person on behalf of the Company stating that the balance of monies due to the Company by the Applicant shall be prima facie evidence of the amount of the indebtedness of the Applicant to the Company at the date of that statement.

23. The Applicant will pay to the Company any and all of the Company's expenses including but not limited to any legal costs (on an indemnity basis), stamp duties and other expenses payable under these Terms and Conditions together with any collection costs incurred in connection with the enforcement of, or preservation of any rights under these terms and conditions. Such costs, duties and other expenses may be recovered by the Company from the Applicant as a liquidated debt. Any payments received by the Company from the Applicant shall be applied firstly to any legal costs, duties and other expenses, then to interest and the remainder to the balance of monies owed by the Applicant.

24. Any notice required to be given by the Applicant to the Company must be delivered personally or sent by post to the Credit Manager of the Company at the Company's head office at 48 Weaver Street, Coopers Plains, 4108 and shall only be taken as delivered when received by the Company. Any notice to be given to the Applicant by the Company may be delivered personally or sent by post to the Applicant's last known address and shall be taken as delivered to the Applicant on the second business day following posting. The Company's invoices and statements are deemed to be received by the Applicant on the second business day after posting by ordinary prepaid post.

25. Upon the Company's approval of this Application for credit, the Applicant agrees to pay for all goods sold within 30 days from the last day of the month in which the goods were invoiced.

26. If there is any default by the Applicant in making due payment to the Company of any monies owing by the Applicant, or if an administrator, liquidator or provisional liquidator or receiver and manager or controller is appointed to the Applicant or the Applicant goes into bankruptcy or commits any act of bankruptcy, or if there is a breach by the Applicant of any of these Terms and Conditions then the Company:-
(a) may revoke the credit accommodation to the Applicant and require any further transactions by the Applicant to be on a cash-before-delivery basis,
(b) may require that all amounts owing to the Company by the Applicant for any reason whatsoever become immediately due and payable without deduction or demand notwithstanding that the due date for payment of any monies has not yet expired;
(c) may cancel any discounted prices given to the Applicant and recalculate the outstanding invoices on the Company's standard prices;
(d) may charge an account service fee of 2.0 per cent per month on all outstanding amounts owed by the Applicant to the Company.

27. If the Applicant is a corporation the Company may, at its discretion, require that the Directors or any other person must give a guarantee and indemnity in the form required by the Company. The Company reserves the right to require a guarantee and indemnity to be given by any person in any other circumstances. If a guarantee is required by the Company this agreement is subject to and conditional upon the satisfactory execution of the Company's guarantee and indemnity.

28. The Company may at any time and without the need to provide a reason to the Applicant refuse to extend any further credit to the Applicant and that its approval of this Application for credit does not require the Company to extend to the Applicant any particular amount of credit.

29. The Company shall have a lien on the assets and any related documents of the Applicant in the possession of the Company for all sums payable by the Applicant to the Company and for that purpose shall have the right to sell the assets of the Applicant and all related documents in the possession of the Company, by public auction or privately without notice to the Applicant.

30. The Applicant agrees to notify the Company in writing of any change in ownership or address. That notwithstanding any change in the Applicant's ownership/trading structure or any advice by it to the Company of such change, the Applicant will remain personally liable for any goods requested by it or on its behalf until it has received written confirmation from the Company that its account has been closed and full payment received.

31. The Company may require that the Applicant enter into further security documentation as a condition of granting this credit facility to the Applicant. If there is an inconsistency between the provisions of those security documents and these Terms and Conditions then the provisions of the security documents will prevail.

32. The failure by the Company to insist upon compliance with any of these terms or any parts of a term does not constitute a waiver of that term or part of a term and the Company shall be entitled to insist upon compliance with all of these Terms and Conditions at any time.

33. The Applicant acknowledges and agrees that:-
(a) The Applicant has read and understood the Privacy Act 1988 (Cth) Statement and Authority which accompanies these Terms and Conditions;
(b) The Privacy Act 1988 (Cth) Statement and Authority is incorporated into and forms part of these Terms and Conditions;
(c) For the purpose of assessing whether to accept the Applicant for credit the Company may obtain from a credit reporting agency a credit report containing personal information about the Applicant.