Last updated: July 2026

CONSUMERS UNDER ACL

VERPLEX TERMS AND CONDITIONS

1. DEFINITIONS

1.1. ACL means Schedule 2 to the Competition and Consumer Act 2010 (Cth), as amended.

1.2. Customer includes any person engaging the Supplier on behalf of and with the authority of the person or entity that the Order is provided for.

1.3. Goods means products supplied by the Supplier including WPC cladding, decking, fencing, PVC fencing, gates, accessories, hardware and related building products.

1.4. GST refers to goods and services tax under the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

1.5. Major failure is as defined under the Competition and Consumer Act 2010 (Cth).

1.6. Order means any request by the Customer for the supply of Goods accepted by the Supplier.

1.7. PPSA means the Personal Property Securities Act 2009 (Cth).

1.8. Price means the price payable for the Goods as notified by the Supplier.

1.9. Supplier is VERPLEX INDUSTRIES PTY LTD (ACN 690 461 726) of 14 Masterson Ct, Warragul in the State of Victoria

3820.

2. GENERAL

2.1. These terms and conditions together with the Supplier’s quotation constitutes the agreement between the Supplier and the Customer (“the agreement”).

2.2. Any Order is deemed to incorporate these terms and conditions; which may not be varied unless expressly agreed to by the parties in writing.

2.3. In the event that an inconsistency exists and/or arises between these terms and the Order it is acknowledged between the parties that these terms and conditions will prevail.

2.4. The terms and conditions are binding on the Customer, and the Customer’s heirs, assignees, executors, trustees and where applicable, any liquidator, receiver or administrator.

2.5. In these terms and conditions, the singular shall include the plural, the neuter gender shall include the masculine and feminine and words importing persons shall apply to corporations and vice versa.

2.6. Where more than one Customer completes this agreement each shall be liable jointly and severally.

2.7. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired and the offending provision shall be deemed as severed from these terms and conditions.

2.8. The Supplier may license or sub-contract all or any part of its rights and obligations without the Customer’s consent but the Supplier acknowledges that it remains at all times liable to the Customer in accordance with the terms herein.

2.9. The failure by a party to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect that party’s right to subsequently enforce that provision.

2.10. The Customer acknowledges that the Supplier may detail these terms and conditions on its website. The Supplier may update these terms for future transactions. Any updated terms will apply only to Orders placed after publication.

3. QUOTATIONS AND PLACEMENT OF ORDERS

3.1. Any quotation given by the Supplier will expire after thirty (30) days after issue.

3.2. A written quotation from the Supplier will include details of the Goods to be supplied.

3.3. Quotations are subject to:

3.3.1. stock availability;

3.3.2. supplier availability;

3.3.3. freight availability; and

3.3.4. withdrawal or revision by the Supplier prior to acceptance.

3.4. The Supplier is not obliged to accept any Order.

3.5. The Supplier does not represent that it will provide any Goods unless it is included in the quotation.

3.6. As a condition of acceptance the Supplier shall require the payment of a deposit in the sum of 50% of the total contract Price in respect of the Price for the Goods (unless otherwise agreed).

3.7. The Supplier may not be deemed to have accepted the Customer’s request for Goods unless or until such deposit has been paid and will not process the Order / arrange supply / dispatch Goods until the deposit has been paid.

3.8. Any delay in payment of a deposit may result in delays to processing or completing an Order.

3.9. The Supplier may agree to provide, on request from the Customer, additional Goods not included or specifically excluded in the quotation given or in the Customer’s Order. In this event, the Supplier shall be entitled to make an additional charge.

3.10. Once accepted by the Supplier, an Order may not be cancelled, varied, deferred or suspended except with the Supplier’s prior written consent and subject to clause 11 (Cancellation).

3.11. Subject to ACL, if the Supplier agrees to cancellation, variation, deferment or suspension of an Order, the Supplier may deduct from the deposit paid and recover from the Customer all reasonable costs and expenses incurred as a result, including:

3.11.1. procurement costs;

3.11.2. supplier cancellation charges;

3.11.3. freight and logistics charges;

3.11.4. storage and handling costs;

3.11.5. administrative costs;

3.11.6. restocking charges;

3.11.7. costs associated with custom-made, modified, special-order or non-resaleable Goods; and

3.11.8. third-party charges incurred by the Supplier.

3.12. This retention represents a genuine pre-estimate of the costs and administrative time incurred by the Supplier in reserving the date, planning, and preparing for the provision of the Goods and is not intended as a penalty.

3.13. The Customer acknowledges that quotations are based upon information, specifications, quantities, measurements and assumptions provided by the Customer, and the Supplier is entitled to rely upon the accuracy of that information.

3.14. All prices quoted are based on taxes and statutory charges current at the time of the quotation. Should these vary during the period from the date of the quotation to the date of the invoice, the difference will become the responsibility of the Customer and the Customer will be invoiced for the extra charge by the Supplier.

4. PRICE AND PAYMENT

4.1. Customers must make full payment to the Supplier prior to dispatch or collection of an Order, or within 7 days of invoice being issued as applicable unless otherwise specified or agreed between the parties in writing.

4.2. GST will be charged on taxable Goods supplied by the Supplier.

4.3. The Supplier reserves the right to change the Price in the event of a variation. Notice will be provided in writing by the Supplier within a reasonable time.

4.4. At the Supplier’s sole discretion the Price shall be either:

4.4.1. The Supplier’s quoted Price for the Order (subject to clause 4.3 above); or

4.4.2. As detailed on invoices provided by the Supplier to the Customer in respect of the Goods supplied.

5. SUPPLY OF GOODS

5.1. Unless expressly agreed otherwise in writing, the Supplier supplies Goods only and does not provide installation, construction, engineering, certification, design, supervision or project management services.

5.2. The Supplier is not responsible for the installation of the Goods or the acts or omissions of any installer, contractor, tradesperson or third party engaged by the Customer.

5.3 Where the Goods are installed by the Customer or any third party engaged by the Customer, the Customer is solely responsible for ensuring the Goods are:

5.3.1 installed strictly in accordance with the Supplier’s applicable installation guides, technical specifications, maintenance instructions and written product documentation;

5.3.2 installed by suitably qualified and competent persons;

5.3.3 used only for their intended purpose; and

5.3.4 installed and used in compliance with all applicable laws, regulations, building codes and Australian Standards.

5.4 Failure to comply with clause 5.3 may affect product performance and warranty entitlements.

5.5 The Supplier reserves its right to decline requests for any Goods.

5.6 Any delivery dates or estimated supply timeframes are indicative only unless expressly agreed otherwise in writing.

5.7 Where the Supplier relies on measurements, specifications, quantities or information provided by the Customer, the Supplier is not responsible for errors arising from inaccurate or incomplete information.

6. DEFAULT

6.1 If the Customer fails to make payment in accordance with these Terms, the Supplier may, to the extent permitted by law:

6.1.1 suspend processing, supply, dispatch or delivery of any Goods until all outstanding amounts are paid in full;

6.1.2 charge interest on overdue amounts at the applicable Penalty Interest Rate in Victoria, calculated daily from the due date until payment is received in full; and

6.1.3 recover from the Customer any reasonable costs incurred in recovering overdue amounts, including debt recovery costs and legal costs, where permitted by law.

6.1.4 retake possession of Goods where title has not yet passed without notice;

6.2 Where the Customer fails to make payment when due, the Customer authorises and allows the Supplier or its representative, servant, agent or employee where title has not yet passed, to enter the premises upon which goods are housed or stored for the purpose of retaking possession of same and the Supplier shall not be liable for any costs, losses, damages, or any other monies or losses suffered by the Customer as a result of the Supplier retaking possession of the goods.

6.3 The Supplier’s rights under this clause are in addition to any other rights or remedies available under these Terms or at law.

7. PRODUCT CHARACTERISTICS AND ACKNOWLEDGEMENTS

7.1 The Customer acknowledges that the Goods may exhibit natural or expected characteristics including:

7.1.1 colour variation;

7.1.2 shade differences;

7.1.3 batch variation;

7.1.4 texture variation;

7.1.5 dimensional tolerances;

7.1.6 expansion or contraction caused by environmental conditions;

7.1.7 natural weathering;

7.1.8 gradual fading or aesthetic changes over time;

7.1.9 environmental staining, mould, mildew or surface contamination; and

7.1.10 minor cosmetic marks or variations consistent with manufacture, handling, storage or normal use.

7.2 Product samples, photographs, website images and displays are indicative only and delivered Goods may vary in appearance.

8. RISK AND LIABILITY

8.1 Risk in relation to any Goods passes to the Customer on collection of the Goods when loaded onto the Customer’s or its agent’s vehicle. If the Supplier has expressly agreed to deliver the Goods, risk in the Goods passes immediately on delivery of the Goods to the Customer’s designated place of delivery by the Supplier or its agent.

8.2 If Goods are being collected by the Customer from the Supplier’s business premises, the Customer acknowledges that the Supplier will not assist the Customer in loading and securing Goods onto the Customer’s vehicle due to insurance and liability constraints. The Customer must ensure that it can sufficiently load and secure the Goods onto the Customer’s vehicle prior to collection of the Goods.

8.3 The Customer must inspect the Goods immediately upon delivery or collection.

8.4 Any claim relating to visible damage, incorrect supply, short supply or obvious defect must be notified to the Supplier in writing within 48 hours of delivery or collection.

8.5 Failure to notify within the period specified in clause 8.4 constitutes acceptance of the Goods, except to the extent otherwise required by law.

8.6 The Supplier is not responsible for loss or damage occurring after risk has passed to the Customer.

8.7 If delivery is delayed or prevented due to the Customer’s acts, omissions, site conditions or inability to accept delivery, the Supplier may store the Goods at the Customer’s risk and expense.

8.8 The Customer acknowledges that any specific cosmetic expectations or appearance requirements should be notified to the Supplier in writing prior to acceptance of the Order and the Supplier is not responsible for misunderstandings arising from assumptions made by the Customer that are inconsistent with the accepted quotation.

8.9 Where the Supplier has relied on specifications, measurements or information provided by the Customer, the Supplier is not responsible for errors arising from inaccurate information supplied by the Customer.

8.10 The Customer acknowledges that the Supplier shall not be liable for any loss or damage incurred as a result of delay or failure to observe any of these conditions due to an event of force majeure, being any cause or circumstance beyond the Supplier’s reasonable control including; (a) supply shortages; (b) freight disruption; (c) port congestion; (d) industrial

action; (e) natural disaster; (f) fire; (g) flood; (h) storm; (i) war; (j) epidemic / pandemic; (k) government action.

8.11 Subject to ACL and any rights that cannot lawfully be excluded, restricted or modified, the Supplier’s liability for any loss or damage arising from or in connection with the supply of the Goods is limited, to the extent permitted by law, to the remedies set out in these Terms and any applicable voluntary product warranty issued by the Supplier.

9. LIMITATION OF LIABILTY

9.1 Nothing in these Terms and Conditions excludes, restricts or modifies any rights or remedies that cannot lawfully be excluded under the ACL or other applicable law.

9.2 To the extent that Goods supplied by the Supplier are not goods of a kind ordinarily acquired for personal, domestic or household use and the Customer is deemed to be a consumer for the purposes of section 64A of the ACL, the Customer agrees that the Supplier’s liability for a failure to comply with a consumer guarantee that the Customer may have a benefit under the Australian Consumer Law (other than a guarantee under ss 51 (title), 52 (undisturbed possession) and 53 (undisclosed securities), is limited to, at the option of the Supplier, one or more of the following:

9.2.1 replacement of the Goods or the supply of equivalent goods;

9.2.2 the repair of the Goods;

9.2.3 the payment of the cost of replacing the goods or of acquiring equivalent goods; or

9.2.4 the payment of the cost of having the Goods repaired.

10. WARRANTY

10.1 The Goods come with guarantees that cannot be excluded under the Australian Consumer Law. The Customer is entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. The Customer is also entitled to have the Goods repaired or replaced if the Goods fail to be of acceptable quality and the failure does not amount to a major failure.

10.2 The Customer should inspect the Goods promptly after delivery or collection and notify the Supplier of any visible transport damage or incorrectly supplied Goods or short supply within 48 hours, subject to ACL.

10.3 The Supplier may provide a separate written voluntary product warranty in respect of certain Goods (Product Warranty).

10.4 Any Product Warranty:

10.4.1 applies only where expressly issued by the Supplier;

10.4.2 applies subject to its own terms and conditions;

10.4.3 applies in addition to, and does not exclude, restrict or modify rights under ACL.

10.5 To the extent of inconsistency between these Terms and a Product Warranty, the Product Warranty prevails only in relation to warranty claims concerning the relevant Goods.

Claims made under Warranty

10.6 Claims under a Product Warranty should be made by sending the claim in writing with supporting information to the

Supplier’s address:

14 Masterson Court, Warragul, Victoria 3820

11. CANCELLATION

Cancellation by Supplier

11.1 The Supplier may cancel an Order, in whole or in part at any time before dispatch where:

11.1.1 the Goods are unavailable;

11.1.2 pricing or listing errors have occurred;

11.1.3 the Supplier reasonably suspects fraud or payment issues; or

11.1.4 circumstances beyond the Supplier’s reasonable control prevent fulfilment.

11.2 If the Supplier cancels an Order under clause 11.1, the Supplier will refund any amounts paid for Goods not supplied.

11.3 Subject to any rights that cannot lawfully be excluded the Supplier shall not be liable for any loss and damage whatsoever arising from such cancellation.

Cancellation by Customer

11.4 The Customer may request cancellation of an Order by written notice to the Supplier.` CONSUMERS UNDER ACL

11.5 Any request for cancellation by the Customer is not effective unless accepted by the Supplier in writing.

11.6 If the Customer cancels an Order after acceptance, the Supplier may retain from any deposit paid, or recover from the Customer, its reasonable costs and losses arising from the cancellation, including administrative costs, procurement costs, freight charges, handling costs and costs associated with Goods that have been ordered, prepared, customised, dispatched or are otherwise unable to be resold, subject to the Customer’s rights under the ACL.

11.7 The Supplier is not required to accept returns for change of mind.

11.8 If the Supplier agrees to accept a return:

11.8.1 Prior written approval must be obtained;

11.8.2 the Goods must be returned in original, unused and resaleable condition;

11.8.3 the Customer is responsible for return freight and handling costs;

11.8.4 the Customer bears all risk in the Goods during return transit; and

11.8.5 the Supplier may charge a reasonable restocking fee

11.9 The retention of deposit represents a genuine pre-estimate of the costs and administrative time incurred by the Supplier in ordering and preparing for supply of the Goods and is not intended as a penalty.

11.10 Nothing in this clause limits or excludes any rights or remedies the Customer may have under ACL, including in relation to faulty, damaged or incorrectly supplied Goods.

12. RETENTION OF TITLE

12.1 The Supplier retains legal and equitable title in any Goods supplied to the Customer until payment in full for or in connection with the supply of the relevant Goods has been received by the Supplier. Until payment in full has been received, the following terms apply.

12.2 If delivered to the Customer, until Goods are used in a construction process, the Customer must keep the Goods safe and free from deterioration, destruction, loss or harm, clearly designate the Goods as the property of the Supplier, store them in such a way they are clearly identified as the property of the Supplier and keep full and complete records, firstly, of the physical location of the Goods and, secondly, the ownership of the Goods by the Supplier. This reservation of title and ownership is effective whether or not the Goods have been altered from their supplied form, or commingled with other goods

13. ENTIRE AGREEMENT

13.1 The agreement as defined herein constitutes the whole agreement between the Customer and the Supplier.

13.2 The agreement is deemed to be made in the State of Victoria and all disputes hereunder shall be determined by the appropriate courts of Victoria.

13.3 This agreement supersedes all prior discussions, negotiations and representations between the parties in relation to its subject matter, to the extent permitted by law.

13.4 Nothing in these terms and conditions is intended to have the effect of contravening any applicable provisions of the Competition and Consumer Act 2010 (Cth) or the Fair Trading Acts in each of the States and Territories of Australia.