1 In these conditions “AWDS” shall mean Jolimont Dell Pty Ltd ACN 051 201 499, its employees, servants, agents, divisions, subsidiaries, subcontractors or affiliates. “Principal” means any person referred to in this document. The Principal hereby authorises AWDS (if it should think fit to do so) to sub-contract the whole or any part of the warehousing.

2 All goods are stored at the Principal’s sole risk and unless otherwise expressly agreed in writing no responsibility in tort or contract or otherwise will be accepted by AWDS for any loss or damage to or concealed damage deterioration contamination evaporation or mis-delivery of or failure to deliver or delay on the delivery of goods either in store or in transit to or from the store for any reason whatsoever.

3 Insurance for goods stored is the responsibility of the Principal, not AWDS.

4 The Principal warrants:-

(a) That the goods stored are owned by the Principal (or are legally in control of the Principal) who has full right power and authority to store the same with AWDS.

(b) That unless previously notified in writing to AWDS the goods are free of any deleterious or objectionable matter or odour which may affect other goods and are not explosive, inflammable or liable to spontaneous combustion or otherwise dangerous. The Principal agrees to indemnify AWDS against any adverse claim by any other person or persons in respect of the goods.

5 The Principal shall pay all storage and other charges calculated in accordance with the AWDS schedule of charges from time to time current and payable in respect of the goods. All charges shall be payable from time to time on demand and shall stand charged upon the goods and also upon such other goods as shall from time to time be in store in the name of the Principal or belonging to the Principal. AWDS shall have a general lien upon all such goods for all debts now due or which may hereafter become due to AWDS on any account by the Principal.

6 Where it is agreed that the charges for storage will be paid by the Principal or a third party the Principal or third party will indemnify AWDS against any loss resulting from the non-payment of the charges by the Principal or third party and without limiting the generality the Principal agrees that if or insofar as any charges are not paid on demand AWDS will demand payment by Principal. All collection and solicitor fees incurred by AWDS in relation to this demand will be charged against the Principal.

7 All goods stored will be subject to a particular and/or general lien for moneys due in respect of such goods or for any particular or general balance or other moneys due by the Principal. If any monies due to AWDS are not paid within one calendar month after notice has been given to the Principal from whom the moneys are due that such goods are detained, they may be sold by auction or otherwise at the sole discretion of AWDS and at the expense of such Principal, and the proceeds applied towards satisfaction of such particular and/or general lien. In this event the Principal shall take no exception upon the ground that any price realised is less than market value or upon any other grounds.

8 Upon notice in writing given by AWDS to the Principal requiring the Principal to remove the Principal’s goods or any part of them the Principal shall within one month from the date of such notice pay any charges to which the AWDS lien extends and remove and take away such goods or part thereof. If the Principal fails to pay the charges as aforesaid and to remove the goods referred to in the notice AWDS may remove the goods and store them in such place and in such manner as AWDS thinks proper and at the risk of the Principal.

9 The Principal must notify AWDS in writing of the Principal’s intention to cease trading with AWDS. The Principal must pay all monies owed to AWDS prior to removal of remaining goods. The Principal acknowledges the rights of AWDS not to release the goods until all monies due are received.

10 Where portion of the AWDS facility is rented to the Principal and the Principal assumes control of and responsibility for the goods in that portion of the facility then:- The rental in respect of that portion of the facility shall be deemed a charge within the meanings of these conditions and, The AWDS lien and right of sale shall extend to and include all goods stored in such portion of the facility all of which goods shall be deemed to be owned by the Principal in whose name that part of the facility is rented.

11 Where the goods are stored in portion of the facility rented to the Principal as in Clause 10 above and in opinion of AWDS all or any of the goods which are therein stored shall be or become deteriorated, objectionable, unwholesome or a source of danger or contamination then AWDS may at any time with or without notice and at the Principal’s expense remove such goods and if thought fit destroy or sell them. Where the goods are sold the same conditions shall apply as where goods are sold for non-payment of charges.

12 Any notice to the Principal required to be given under these conditions may be given in writing and delivered personally, posted to the Principal at the address last known to AWDS, sent by facsimile to the facsimile number last known to AWDS or sent by electronic communication to the last known information system of the Principal. A notice so delivered shall be deemed to have been received by the Principal upon receipt of the written notice delivered personally; at the time when in the ordinary course of postage it should have been delivered; a notice sent by facsimile shall be deemed to have been received by the Principal at the time indicated in the AWDS record of transmittal and a notice sent by electronic communication shall be deemed received by the Principal at the time when the electronic communication enters the Principal’s information system.

13 These conditions shall have effect subject to the provisions of any Act or Regulation relating to the warehousing of goods in the State of South Australia where the AWDS facility is located but so that the general lien of AWDS under these conditions shall be additional to any rights conferred on AWDS by virtue of such Acts or Regulations and so that nothing in the agreement shall be construed to mean that AWDS shall have surrendered any of its rights or immunities or to have increased its responsibilities and liabilities under the said Acts and Regulations or to have lost the benefit of any Statutory exemption, limitation or protection whatsoever.

14 AWDS accepts pallets or any other packaging device or material only on the express condition that all charges pertaining to the pallets packaging device or material be paid by the Principal and in the event of AWDS signing for receipt of any pallets packaging device or material; they do so only on behalf of the Principal who accepts full responsibility for them and for freight charges thereon. AWDS accepts no responsibility for return of pallets.

15 The Client hereby agrees that commencement of trading constitutes an acceptance of the AWDS Standard Terms and Conditions of Warehousing, Conditions of Carriage and the AWDS Standard Service Agreement.

16.1 These conditions are effective as from the effective date mentioned above.

16.2 In the event in any manner you have in the past received, or in the future receive, conditions bearing either (a) no date clearly stated to be the "effective" date, or (b) an "effective" date being a date prior to the effective date mentioned above, then REGARDLESS these and only these conditions shall be the conditions applicable to each and every event of carriage or storage between the parties from the effective date mentioned above.

16.3 In the event in the future you in any manner receive conditions with an "effective" date subsequent to the effective date mentioned above, then those and only those conditions shall be applicable to each and every event of carriage or storage between the parties from the effective date mentioned in those conditions.

16.4 For a date to be “Effective” the date must be prefaced with the words or like words “Effective From”.