Webstore Terms

1. APPLICATION OF TERMS

Except as may be expressly stated otherwise in a written quotation or proposal submitted by Bodyline imports Pty Limited as trustee for Bodyline imports Unit Trust ABN 27 192 108 807 (“Bodyline imports”) to Customer or a written contract of sale signed by Bodyline imports these terms and conditions apply to every sale of goods or services (“Product”) by Bodyline imports to any Customer using the Bodyline imports Website (www.Bodylineimports.com.au). These Online Terms of Trade are to be read subject to Bodyline imports’s Website Terms of Use and Privacy Statement which both appear on the Bodyline imports Website and which are deemed to be incorporated herein.

2. PRICES NET OF TAXES

All prices displayed and Products offered for supply on Bodyline imports Website are subject to change without notice. You should check the price of a Product before placing an order for it. Prices quoted are, unless otherwise stated, exclusive of goods and services tax (GST) and are valid for delivery of Product within 60 days of the date which the Customer communicates an offer to purchase products to Bodyline imports via the Bodyline imports Website.

3. GST

If GST is imposed on any supply made by Bodyline imports through Bodyline imports Website, Customer must pay to Bodyline imports, in addition to any consideration payable or to be provided by Customer for this supply, an additional amount for the supply calculated by multiplying the prevailing GST rate by the consideration for the relevant supply payable or to be provided (without any deduction or set off). Any amount payable by Customer is payable on demand by Bodyline imports, whether such demand is made by an invoice or otherwise.

4. DELIVERY

Customer acknowledges that Bodyline imports may not be able to supply Customers located outside of supplier prescribed territories with certain Products; also that delivery of certain Products is subject to prescribed safety restrictions/limitations.

Any date given to Customer by Bodyline imports for delivery of Product shall be an estimate only, and, although Bodyline imports shall use commercially reasonable endeavours to meet such delivery date, Bodyline imports shall not be subject to or incur any penalty or liability for any claim, loss, damage or obligation, direct or indirect, consequential or otherwise, arising out of any delay in delivery or non-delivery regardless of the reason.

If for any reason Bodyline imports is unable to deliver Product either within a reasonable time or at all, the applicable purchase order and/or contract of sale shall be cancellable, in full or only as to certain Products, at Bodyline imports’s option and neither Bodyline imports nor Customer shall be subject to or incur any penalty or liability for any claim, loss, damage or obligation, direct or indirect, consequential or otherwise, arising out of such cancelation.

Disposal of all shipping pallets, containers and packaging becomes the responsibility of the Customer upon delivery.

5A. PAYMENT – CASH CUSTOMER

If the Customer has not been granted a line of credit with Bodyline imports, the Customer must pay to Bodyline imports the invoiced amount for the products, including any associated delivery and administration charges, plus GST, at the time the Customer makes the order via the Bodyline imports Website, selecting one of the payment options available. The Customer indemnifies Bodyline imports for any loss suffered by Bodyline imports as a consequence of a charge to a credit card or bank or other account not being honoured. The Customer will pay Bodyline imports any surcharge levied with respect to payments made using certain credit cards.

5B. PAYMENT – TRADE CUSTOMER

If the Customer has been granted a line of credit with Bodyline imports, the Customer must pay to Bodyline imports the invoiced amount for the products, including any associated delivery and administration charges, plus GST, within thirty (30) days of the end of the month during which the products were invoiced. If the Customer commits any act of insolvency, all money owing by the Customer to Bodyline imports, whether by way of credit or otherwise, will become due and payable immediately. Bodyline imports reserves the right to suspend, with or without notice, any deliveries of products if any payment due by the Customer to Bodyline imports is overdue. A late payment fee of 10% per month, calculated daily, may be charged for overdue amounts. The Customer will reimburse Bodyline imports, on a full indemnity basis, all costs incurred by Bodyline imports to its collection agents and/or lawyers in relation to the collection of any moneys owed to Bodyline imports that are not paid when due.

5C. PAYMENT – GENERALLY

If the Customer commits any act of insolvency, all money owing by the Customer to Bodyline imports, whether by way of credit or otherwise, will become due and payable immediately. Bodyline imports reserves the right to suspend, with or without notice, any deliveries of products if any payment due by the Customer to Bodyline imports is overdue. A late payment fee of 10% per month, calculated daily, (being a genuine pre-estimate of the loss suffered by Bodyline imports as a consequence of the Customer’s failure to make timely payment) may be charged for overdue amounts. The Customer will reimburse Bodyline imports, on a full indemnity basis, all costs incurred by Bodyline imports as a consequence of a charge to a credit card or bank or other account or a cheque not being honoured, and to its collection agents and/or lawyers in relation to the collection of any moneys owed to Bodyline imports that are not paid when due.

6. PASSING OF RISK – TRANSFER OF TITLE

Delivery of Product to the Customer shall occur, and all risk of loss or damage to Product shall pass to Customer, immediately upon such Product being turned over to either the Customer or a nominated carrier for transportation to the Customer or a nominated place or site. Such delivery shall be deemed to be acceptance of Product by the Customer, whether or not the Customer is present at the time of delivery to inspect such Product and sign a receipt therefor.

Notwithstanding anything to the contrary, ownership of and title to Product shall not pass to Customer until full payment therefor has been received by Bodyline imports or sale or mixing of the Product by the Customer.

If a Product includes or is supplied with software, Customer is granted only a limited license to use such software with such Product, and ownership of and title to such software shall not pass to Customer.

If the Customer does not pay for any goods in accordance with these Terms of Trade, Bodyline imports is hereby irrevocably authorised by the Customer to enter the Customer’s premises (or any premises under the control of the Customer or as agent of the Customer if the goods are stored at premises) and use reasonable force to take possession of the goods without liability for the tort of trespass, negligence or payment of any compensation to the Customer whatsoever.

7. CUSTOMER'S SPECIAL ORDER

Bodyline imports reserves the right to demand a deposit for special orders of non-stock items or orders for the manufacture of Product to the Customer’s specifications. Bodyline imports shall not be responsible for errors in the Customer’s specifications. The Customer may not cancel special orders without the written consent of Bodyline imports. Bodyline imports will not accept returns of Product made to the Customer’s specifications unless defective.

8. RETURN FOR CREDIT

The Customer must notify Bodyline imports, in writing, within thirty (30) days of the invoice date of a claim for credit for faulty or damaged Product or for Product incorrectly supplied. Credit will not be given for notifications received by Bodyline imports outside this period. The claim for credit should state the date and number of the invoice and the reason for return. All returns are at the discretion of Bodyline imports and must receive a Return Authorisation Number (RAN) in advance of shipment. Product returned for credit is to be clearly consigned to

Bodyline imports and must, if the claim for credit is not based on the Product being faulty or damaged, be in the original packaging and in a saleable and undamaged condition. If the claim for credit and return is due to the Product being faulty or damaged or some fault of Bodyline imports, then Bodyline imports will bear the cost of the return freight, otherwise the return freight shall be borne by the Customer.

9. LIMITATION OF LIABILITY

To the extent permitted by law, Bodyline imports and its servants and agents are not liable for any loss or damage (including without limitation loss or damage caused by the negligence of Bodyline imports or its servants or agents and incidental and consequential loss or damage) arising from or in connection with the supply of Product.

To the extent permitted by law, the liability of Bodyline imports or its servants or agents (including liability for negligence) is limited to:

(i) in the case of goods, the replacement or re-supply of equivalent goods or the cost of such replacement or re-supply (whichever is the lesser); and

(ii) in the case of services, the re-supply or the cost of the re-supply of such services (whichever is the lesser).

Bodyline imports is not liable for any loss or damage the Customer might suffer if Bodyline imports cannot do what it has promised because of events beyond its reasonable control.

Bodyline imports does not warrant the quality or performance of Product used by the Customer: (a) after the expiration of the shelf life prescribed by Bodyline imports for that Product; or

(b) otherwise than in accordance with Bodyline imports, manufacturer or accepted industry specifications or standards for use.

The Customer acknowledges that Product supplied by Bodyline imports may be used in a variety of applications. The Customer relies on its own skill and testing to satisfy itself as to the fitness for the purpose or use intended by the Customer for that Product.

10. ENTIRE AGREEMENT

The Customer agrees that Bodyline imports will only supply Products pursuant to these Terms of Trade. An agreement between the parties may not be varied without the prior written consent of Bodyline imports.

11. WAIVER

The failure, delay or indulgence on the part of Bodyline imports in exercising any power or right conferred by these Terms of Trade does not operate as a waiver of that power or right.

12. GOVERNING LAW

These Terms of Trade shall be construed in accordance with the law in force in New South Wales, Australia and the parties agree to submit to the non-exclusive jurisdiction of the Courts of that State.

13. SEVERANCE

These Terms of Trade are qualified by any provision of a law which applies and which cannot be excluded. If any provision of these Terms of Trade is deemed to be unlawful or unenforceable, such provision shall be read down to the extent permitted or severed from these Terms of Trade and all other provisions hereof shall remain in force.

Online Terms of Trade – April 2011

as trustee for Bodyline imports Pty Limited Unit Trust ABN 55 158 647 002