Terms & Conditions

1. Definitions and interpretation

Account means any account maintained by the Customer or any Related Body Corporate of the Customer, with

any Hawkesbury City Constructions P/L Company.

Kincumber Quarry’s Credit and Billing Agent means Hawkesbury City Constructions P/L (ABN 36 609 698 311) or

such other companies who the Supplier has appointed as its agent to undertake credit checks, provide credit facilities, billing and take recovery actions on its behalf.

Hawkesbury City Constructions P/L Company means Kincumber Quarry or any Related Body Corporate of Hawkesbury Coty Constructions P/L ABN 36 609 698 311.

Conditions means these Terms and Conditions.

Consequential Loss means loss of expected savings, loss of use, loss of opportunity, loss of profit, loss of

revenue, increased financing costs, loss arising from delay, or any consequential, special or indirect loss or

damage, whether or not the possibility or potential extent of the loss or damage was known or foreseeable, and

whether arising from a claim under indemnity, contract, tort (including negligence), statute or otherwise.

Customer means the party requesting the provision of Goods and Services and/or making an application for

credit.

Goods means any goods supplied by the Supplier being building or construction materials, building or

construction products and all related or ancillary goods.

Insolvency Event means, for the Customer, as applicable, being served with an application by a third party to

appoint an external controller to the Customer, a customer being in liquidation or provisional liquidation,

bankruptcy or under administration, having a controller (as defined in the Corporations Act 2001) or analogous

person appointed to the Customer or any of the Customer's property, being taken under section 459F(1) of the

Corporations Act to have failed to comply with a statutory demand, being unable to pay the Customer's debts,

dying, ceasing to be of full legal capacity or otherwise becoming incapable of managing the Customer's own

affairs for any reason, taking any step that could result in the Company becoming an insolvent under

administration (as defined in section 9 of the Corporations Act 2001), entering into a compromise or arrangement

with, or assignment for the benefit of, any of the Customer's members or creditors, or any analogous event.

Loss means any expense, cost or damage of any kind and includes Consequential Loss and a fine or penalty

imposed by a statutory or other authority.

New HCC Entity means an entity that becomes a Related Body Corporate of Hawkesbury City Construction P/L

after this application for credit is made by the Customer.

Order includes any written, verbal or electronic request made by the Customer, its employees, agents and

contractors or under the Customer's Account number and/or Account name for Goods or Services.

PMSI means a purchase money security interest as defined in the Personal Property Securities Act 2009 (Cth)

and any regulations made under the Personal Property Securities Act 2009 (Cth), as amended from time to time.

Real Property means all real property interests held by the Customer or Guarantor now or in the future.

Related Body Corporate has the same meaning as in the Corporations Act 2001.

Services means any services provided by the Supplier being the supply of building or construction services, the

supply of building or construction products and all related or ancillary services.

Supplier means, in connection with the supply of any Goods or Services, the Hawkesbury City Construction P/L

making the supply to the Customer.

Supplier Ts&Cs means:

(a) any terms and conditions of quotation and supply, however described, provided or notified by the Supplier to

the Customer.

(b) any supply agreement (however described) in the Supplier's standard form entered into in writing between the

Supplier and Customer; or

and Services ordered by the Customer as identified in Annexure A.

Interpretation:

Singular words include the plural and vice versa. 'Include', 'includes' or 'including' is not exclusionary and is

without limitation.

The fact that a provision of these Terms is expressly declared to be an essential term does not mean that other

terms are not essential (whether or not so described)

2. Structure of this document

(a) These Conditions and the Supplier Ts&Cs together regulate the commercial relationship between the Supplier

and the Customer, including the extension of credit, in connection with the supply of Goods or Services by Hawkesbury City Construction P/L Companies to the Customer.

(b) The terms set out in Part A of these Conditions are incorporated by reference as part of the Supplier Ts&Cs.

These Conditions are legally binding between the Supplier and the Customer and should be read together with the

Supplier Ts&Cs. To the extent of any inconsistency, the Supplier Ts&Cs prevail over these Conditions.

the date on the quotation and any such acceptance must be on the basis that supply of the Goods and Services is

started within 3 months of the date of the quotation. The Customer’s acceptance may be in writing or oral

(“Customer’s Order”). The Customer's Order constitutes acceptance of the offer.

(d) Kincumber Quarry’s Credit and Billing Agent is a Hawkesbury City Construction P/L Company. The terms set out in Part B form an agreement directly between the Customer and Kincumber Quarry’s Credit and Billing Agent. Those terms are legally binding between the Customer and Kincumber Quarry’s 's Credit and Billing Agent.

(e) Hawkesbury City Construction P/L may amend these Conditions as reasonably necessary to achieve its legitimate business interests. Thirty (30) days’ notice in writing of any amendment will be supplied to the Customer's email or postal address that has been provided by the Customer to the Supplier. The amended Conditions shall apply to all

Orders placed by the Customer after the thirty-day notice period. If the amendment is not acceptable to the Customer, the Customer should place no further Orders with the Supplier. All future Orders placed will be subject

to the amended terms.

(f) Except to the extent otherwise explicitly agreed in writing between the parties, these Conditions and the

Supplier Ts&Cs govern the entire relationship between the Supplier and the Customer in connection with the

Goods and Services and will prevail over any other document (including purchase order terms or procurement

terms provided by the Customer or terms contained in an Order or on the back of delivery dockets to the extent

inconsistent with these Conditions or the Supplier Ts&Cs) from time to time.

(g) Any variations to these Conditions or the Supplier Ts&Cs not expressly agreed to in writing by the Supplier are

expressly rejected by the Supplier.

PART A

3. Customer obligations

(a) The Customer agrees to accurately complete all documentation required by the Supplier in relation to the

provision of Goods and Services, and the provision of credit. The Customer accepts that the Supplier is relying

upon the representations made by the Customer in such documentation in determining whether to provide Goods

or Services or credit to the Customer. The Customer is liable to the Supplier for any inaccuracies, relevant omissions and misrepresentations made.

(b) The Customer agrees to ensure that the representations set out in all documentation provided to the Supplier

are current and must immediately inform the Supplier, in writing, of any material change to the information,

particulars or any detail supplied.

entity is conducting the business of the Customer as a result of any assignment, novation, sale, agency,

transmission or corporate or business restructure.

(d) These Conditions and the Supplier Ts&Cs apply if the Customer places an Order with the Supplier, whether for

cash or on credit.

(e) The Customer has no entitlement to credit unless the Supplier, whether directly or through Kincumber Quarry’s Credit and Billing Agent, extends credit to the Customer. If in a particular case, the Supplier gives the Customer credit on agreed terms, the Supplier still reserves the right at any time and for any reason consistent with the protection or

achievement of the Supplier’s legitimate business interests to refuse to supply any further Goods or Services to

the Customer to the Customer on credit terms. If the Supplier declines to give the Customer further credit, then that

decision does not affect the credit terms which apply to any amounts the Customer then owes to the Supplier.

(f) The Customer must:

(i) pay, without any deduction or set-off, the price charged by the Supplier for Goods or Services supplied to the

Customer on delivery or performance, or, if credit terms are offered, within 30 days following the end of the month

during which the Goods or Services were supplied or provided;

(ii) pay any:

(A) legal costs incurred by a Hawkesbury City Constructions P/L Company on an indemnity basis, or on such other basis as a Court (if applicable) may determine if proceedings have been commenced. ; and

(B) bank charges or merchant fees or like charges levied on the Supplier of Hawkesbury City Constructions P/L’s Credit and Billing Agent by any bank or other credit provider whose banking or credit card facilities are utilised by the Customer for paying the

Supplier; and other costs and expenses payable (including any collection or mercantile fees or commissions paid or incurred by the Supplier or Hawkesbury City Constructions P/L’s Credit and Billing agent);

in connection with:

(I) the enforcement of, or any litigation in relation to, these Conditions;

(II) the recovery of overdue amounts and enforcing the charge in clause 10;

(III) preparation and registration of documents required to perfect the security provided or to prepare and register

any mortgage or caveat documents (whether or not signed by the Customer or created pursuant to the power of

attorney set out in clause 10(c));

(IV) any credit application or any security documents signed by the Customer or any guarantor; or

(V) any other collection costs and dishonoured cheque fees,

(iii) pay any stamp duty assessed on this document or fee to register or maintain any security interest held by the

Supplier in respect of Goods or Services supplied to the Customer.

(iv) advise the Supplier in writing of the occurrence of any Insolvency Event, any variation to any of the information

supplied by the Customer to the Supplier or in the structure or nature of the Customer's business, any change in

its name, ownership, change of any directors or change of control, or any step being taken to sell an asset or

assets (separately or together having a value being greater than 20% in value of its gross assets) as soon as

practicable and not later than within two business days of such event, change or step occurring. The Customer

acknowledges that, despite any such event, change, or step the Customer remains liable to pay the price for all

Goods or Services supplied.

4. Orders

(a) The Customer is liable for payment in relation to all Orders. It is not the responsibility of the Supplier to confirm

authority of the person placing the Order. It is the sole responsibility of the Customer to ensure there is no

unauthorised use of its Account number or name, and that only authorised persons place Orders on behalf of the

Customer.

(b) No Order can be cancelled without the express written consent of the Supplier. If consent is given, and unless otherwise agreed, the Customer must pay the Supplier for Goods supplied or Services rendered which have been

performed in accordance with these Conditions prior to date of cancellation of that Order. For the avoidance of

doubt, in the event of cancellation of an Order under this clause:

(i) the Supplier is entitled to payment for Goods and Services supplied prior to the cancellation but not yet paid for;

(ii) if Goods have been prepared but not delivered at the time of cancellation the Customer must accept that

Goods when delivered and pay the relevant portion of the contract sum for it;

(iii) the Customer must reimburse the Supplier, as a debt immediately due and payable, for all costs, losses,

liabilities, damages and expenses in connection with the cancellation of that Order (including the cost of goods,

materials or services ordered by the Supplier in connection with the Order prior to cancellation of the Order).

5. Variation of Credit

Any credit limit is solely for the benefit of the Supplier. The obligations of the Customer under these terms and

conditions remain unchanged if the credit limit is exceeded or not specified at any time. Despite any other clause

in these Conditions or the Supplier Ts&Cs, the Supplier or Hawkesbury City Constructions P/L 's Credit and Billing Agent may withdraw or amend the Customer's credit or credit limit at any time if the Customer is or has been in default of these Conditions, or the Supplier’s T&C’s or any applicable credit terms, or if, in the reasonable opinion of the Supplier, the Customer’s credit worthiness has changed.

6. Withdrawal of credit

(a) If the Customer

(i) fails to comply with

(A) any of the terms of these Conditions, or

(B) the Supplier’s T&C’s or

(D) any obligation to pay money to another Hawkesbury City Constructions P/L Company when due, or

(ii) makes or is discovered to have made, any misrepresentation to the Supplier or any other Hawkesbury City Constructions P/L Company, the Supplier may, at its absolute discretion, immediately cease to extend credit to the Customer.

(b) If the Supplier ceases to extend the Customer credit under this clause:

(i) all moneys payable by the Customer pursuant to these Conditions, the Supplier Ts&Cs or under any other

terms or arrangements between the parties, shall become a debt immediately due and payable;

(ii) these Conditions, the Supplier Ts&Cs and any other terms or arrangements between the parties will continue

unaffected except to the extent expressly notified in writing by the Supplier; and

(iii) the provision of Goods or Services to the Customer after the Supplier ceases to extend the Customer credit

may cease or will be on the basis of cash on delivery or performance.

7. Overdue Accounts

(a) Any amount not paid by the due date will incur interest at a rate of 5% above the Reserve Bank of Australia

Cash Rate as at the due date calculated daily and compounded monthly but in no circumstances will the interest

charged exceed 20% per annum.

(b) The Customer acknowledges and agrees that the Supplier has appointed Hawkesbury City Constructions P/L's Credit and Billing Agent as its non-exclusive agent to issue credit and collect any debts owed by the Customer that are due from time to time to the Supplier.

(c) A statement in writing signed by an authorised officer of the Supplier or Hawkesbury City Constructions P/L’s Credit and Billing Agent confirming that there is a valid Order or setting out the moneys due or owing to the Supplier at the date of the statement, shall be sufficient and prima facie evidence of the placement of the Order and the amount due or

owing, until the contrary is proven.

(d) The Supplier acknowledges that any payment made to Hawkesbury City Constructions P/L's Credit and Billing Agent for a debt owed to the Supplier is in full or partial satisfaction of the debt owed to it, to the extent of the payment made.

8. Retention of title

(a) 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.

(b) Notwithstanding that title in the Goods remains with the Supplier until payment has been received in full, the

Customer may sell such Goods or use the Goods in a manufacturing or construction process in the ordinary

course of the Customer's business. As between the Customer and the purchaser of any item of the Goods, the

Customer sells as principal and not as agent of the Supplier.

trust for the Supplier and the Customer is under a duty to account to the Supplier for such proceeds. The creation

of, or any failure of, any such trust shall not in any way limit the obligation of the Customer to pay an amount to the

Supplier for Goods supplied.

(d) Until Goods are sold or used in a manufacturing or 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.

(e) In the event of default of these Conditions, or the Supplier’s Ts&Cs or any applicable credit terms, or an

Insolvency Event occurs, the Supplier is irrevocably entitled to inspect or to recover and retake possession of such

Goods and otherwise exercise in relation to the Goods, any of its rights whether those rights are as owner and/or

unpaid seller or otherwise and whether those rights are conferred by common law, contract, statute or in any other

way. In order to exercise such entitlement, the Supplier and its agents are irrevocably authorised by the Customer

to enter any of the Customer's premises or vehicles or those of any third party. The Customer agrees to obtain the

consent of any such third party to such entry by the Supplier and to indemnify the Supplier and its agents for any

liability arising from any entry upon such third parties' premises or vehicles. The Supplier and its agents agree to

take all reasonable care in removing the Goods from such premises or vehicles but, to the extent this liability may

be disclaimed by law, are not liable for any damage or injury to such premises caused by the removal of the

Goods, unless caused by the negligence or reckless conduct of the Supplier or its agents.

(f) 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.

9. Security interest

(a) The retention of title arrangement described in clause 8 constitutes the grant of a PMSI or other security

interest by the Customer in favour of the Supplier in respect of all present and after acquired Goods supplied to

the Customer by the Supplier.

(b) The Customer must immediately, if requested by the Supplier, sign any documents, provide all necessary

information and do anything else required by the Supplier to ensure that the Supplier’s PMSI or other security

interest is a perfected security interest.

any security interest in respect of the Goods or any proceeds from the sale of the Goods until the Supplier has

perfected its PMSI.

(d) For any Goods supplied that are not goods that are used predominately for personal, domestic or household

purposes, the parties agree to contract out of the application of ss 95, 118, 121(4), 130, 132(4),135, 142 or 143 of

the PPSA in relation to the Goods.

(e) The Customer hereby waives any rights the Customer may otherwise have to:(i) receive any notices the Customer would otherwise be entitled to receive under ss 95, 118, 121, 130, 132 or

135;

(ii) apply to a Court for an order concerning the removal of an accession under section 97;

(iii) object to a proposal of the Customer to purchase or retain any collateral under ss 130 and 135; and

(iv) receive a copy of a verification statement confirming registration of a financing statement, or a financing

change statement, relating to any security interest the Supplier may have in Goods supplied to the Customer from

time to time.

(f) For the purposes of this clause "PPSA" means the Personal Property Securities Act 2009. The expressions

"accession", "collateral", "financing statement", "financing change statement", "security agreement", "security

interest", "perfected security interest" and "verification statement" have the meanings given to them under, or in

the context of the PPSA. References to sections are to sections of the PPSA.

10. Risk

Risk in relation to any Goods passes to the Customer on delivery of the Goods.

11. Charging Real Property - Customer

(a) To better secure the payment of all monies which the Customer may become liable to pay to the Supplier

under any Account, and as an essential condition of these Conditions, the Customer charges all of its interest in

real and personal property both present and future and wheresoever situated with the amount of the Customer's

indebtedness under any Account to the Supplier and any other Hawkesbury City Constructions P/L Company on any account whatsoever.

(b) The Customer shall, immediately upon demand being made on the Customer by the Supplier, whether directly

or via Hawkesbury City Constructions P/L’s Credit and Billing Agent, sign all documents and do all things that the Supplier may reasonably require to be signed and done to further secure to the Supplier the amount of any indebtedness owed to the Supplier from time to time by the Customer including, but without being limited to, such mortgage or mortgages over any Real Property (whether acquired before or after the date of the Goods or Services are supplied) containing such covenants as are required by the Supplier and such bills of sale or mortgage debentures over any or all items of personal property.

Supplier, Hawkesbury City Constructions P/L’s Credit and Billing Agent, each Manager and each Credit Manager from time to time of the Supplier, each successor of the Supplier, each assignee of the Supplier and each of them severally to be the duly constituted attorney of each Customer to execute in the name of each Customer any documents including, without limitation, any mortgage or mortgages of Real Property, bills of sale, mortgage debentures or any like documents and Consents to any Caveats as the Supplier may wish to lodge against any dealings in the Real Property of the Customer in any Titles Office (and if more than one Customer, the Real Property of each Customer severally and

Real Property of each combination of Customers) and to do all acts and execute any documents necessary to

give effect to and/or register any of the foregoing. If the power granted under this clause is to be exercised the

Customer will be provided with 3 days’ notice.

(d) The Customer consents unconditionally to the Supplier lodging a caveat or caveats noting its interest in any

Real Property.

(e) Each Customer undertakes and warrants not to object to or otherwise endeavour to prevent the lodging of any

such caveat or take any steps to remove any such caveat. "Real Property" includes estates and interests including

leasehold.

(f) Without limiting, or otherwise prejudicing the above, the power of attorney under clause 10(c) may be granted

under:

(i) Powers of Attorney Act 2003 (NSW);

(ii) Instruments Act 1958 (Vic);(iii) Powers of Attorney Act 1998 (Qld);

(iv) Transfer of Land Act 1893 (WA)

(v) Powers of Attorney and Agency Act 1984 (SA);

(vi) Powers of Attorney Act 2000 (Tas);

(vii) Powers of Attorney Act 1980 (NT); and

(viii) Powers of Attorney Act 2006 (ACT).

(g) The Customer also authorises any officer, partner or employee of any solicitors or agents engaged by the

Supplier, Hawkesbury City Constructions P/L’s Credit and Billing Agent or any of their officers or employees as referred to previously in this clause to sign any stamp duties form on their behalf so as to stamp any form required to lodge or withdraw any caveat lodged by the Supplier over any of the Real Property.

(h) If the Customer is an incorporated body:

(i) in consideration of, and as an essential condition of the acceptance of this application for credit by the Supplier,

the person accepting these Conditions (being directors of the Customer, or any person purporting to be a director

or to otherwise have authority to bind the Customer), jointly and severally with the incorporated body and in their

own names:

(A) accept liability to the Supplier for the payment as principal debtor of all monies owed by the incorporated body

to the Supplier from time to time and waive all rights as a mere surety which may be inconsistent therewith and

hereby guarantee to the Supplier payment of all such monies;

(B) accept liability to the Supplier for the payment as principal debtor of any sum required to be paid by the

Supplier to any administrator, liquidator, receiver or other controller of the incorporated body pursuant to law;

(D) bind the incorporated body and warrant our authority to bind the incorporated body.

12. Trustee

(a) Where the Customer is the trustee of a trust, then the following provisions shall apply:

(i) the Customer shall be liable in its personal capacity and in its capacity as trustee of the trust, for the

performance of all obligations and undertakings under these Conditions and the Supplier Ts&Cs;

(ii) the Customer warrants that the Customer has full, complete and valid authority pursuant to the trust to enter

into these Conditions and the Supplier Ts&Cs and that it is indemnified out of the assets of the trust;

(iii) notwithstanding that there is no reference to a specific trust the Supplier's rights of recourse shall extend to

both the Customer's assets personally and the assets of the trust; and

(iv) the Customer undertakes to Hawkesbury City Constructions P/L s Credit and Billing Agent that the Customer's rights of indemnity against the trust assets have not been excluded by the provisions of the trust or by any breach of trust or otherwise and that the Customer will not release or otherwise prejudice such rights of indemnity.

13. Exclusion of implied terms

The Customer may have the benefit of certain statutory guarantees relating to the Goods and Services pursuant

to the Competition and Consumer Act 2010 (Cth) that cannot be lawfully excluded. Nothing in these Conditions or

the Supplier Ts&Cs excludes or restricts those guarantees. However, to the maximum extent not prohibited by law,

all terms, conditions or warranties that would be implied into these Conditions or the Supplier Ts&Cs or in

connection with the supply of any Goods or Services by law, statute, custom or convention (including those

relating to quality or fitness for purpose) are excluded.

14. Limitation of liability

(a) To the maximum extent permitted by law and subject to clause 14, the Supplier's total liability arising out of or

in connection with its performance of its obligations pursuant to these Conditions, the Supplier Ts&Cs, or arising

out of or in connection with the supply of specific Goods or Services (including pursuant to or for breach of these Conditions, Supplier Ts&Cs or repudiation thereof, under statute, in equity or for tort, including negligent acts or

omissions) is limited as follows;

(i) the Supplier's total aggregate liability for Loss, however arising, shall not exceed the GST exclusive aggregate

price paid by the Customer to the Supplier for the specific Goods or Services that gave rise to the Loss in

question. The limitations and exclusions in this sub-clause 13 (b) do not apply to the extent that any Loss is

directly attributable to:

(A) personal injury or death caused by the Supplier's negligence or breach of these Conditions or the Supplier

Ts&Cs; or

(B) fraud by, or wilful default of, the Supplier.

(b) Each party must take reasonable steps to mitigate any Loss it suffers or incurs.

15. Limitation of liability under Australian Consumer Law Guarantees

(a) 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

Australian Consumer Law, the Customer agrees that the Supplier’s liability for a failure to comply with a consumer

guarantee under the Australian Consumer Law in relation to those Goods (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:

(i) replacement of the Goods or the supply of equivalent goods;

(ii) the repair of the Goods;

(iii) the payment of the cost of replacing the Goods or of acquiring equivalent goods; or

(iv) equivalent goods; or

(v) the payment of the cost of having the Goods repaired.

(a) To the extent that Services supplied by the Supplier are services other than services of a kind ordinarily

acquired for personal, domestic or household use or consumption, the Supplier's liability for failure to comply with

a consumer guarantee that the Customer may have the benefit of is limited to, at the option of the Supplier:

(vi) The supply of the Services again; or

(vii) the payment of the cost of having the Services supplied again.

16. GST

If the Supplier has any liability to pay Goods and Services Tax (GST) on the supply of any Goods or Services to

the Customer, the Customer must pay to the Supplier an amount equivalent to the GST liability of the Supplier at

the same time as the consideration is paid for the Goods or Services (unless the consideration for that supply is

expressed specifically to be GST inclusive).

PART B

17. Guarantee to Hawkesbury City Constructions P/L’s Credit and Billing Agent

(a) If the Customer has requested that the Supplier extend credit to the Customer in relation to any Account,

Hawkesbury City Constructions P/L's Credit and Billing Agent has agreed to arrange for credit as agent for the Supplier. The Customer acknowledges that the Customer will receive a valuable commercial benefit as a result of the Supplier and Hawkesbury City Constructions P/L's Credit and Billing Agent facilitating the extension of credit terms.

(b) The Customer guarantees to Hawkesbury City Constructions P/L's Credit and Billing Agent, and to the Supplier, that the Customer will pay all amounts payable to the Supplier under any Account from time to time for the supply of Goods or Services to the Customer when they are due including interest and taxes. The Customer's guarantee continues until all these amounts have been paid in full.

(c) The Customer must pay Hawkesbury City Constructions P/L's Credit and Billing Agent for its costs in administering (including legal costs on the indemnity basis (or otherwise as order by a Court, if applicable) and other costs in enforcing or taking any other action in connection with its rights) this guarantee.

(d) The Customer remains liable to Hawkesbury City Constructions P/L's Credit and Billing Agent under this guarantee and the Customer's obligations under this guarantee will not be affected by any refusal by a Supplier or Suppliers to provide further credit to the Customer or a variation in the Supplier Ts&Cs between the Supplier and Customer.

(e) Hawkesbury City Constructions P/L's Credit and Billing Agent may at any time release or discharge the Customer from this guarantee and give time for payment, accept any composition from or make any other arrangements with the Customer without releasing or discharging any other guarantor or otherwise prejudicing or affecting Hawkesbury City Constructions P/L's Credit and Billing Agent's rights and remedies against the Customer.

(f) As long as this guarantee remains in existence the Customer may not, without the consent of Hawkesbury City Constructions P/L's Credit and Billing Agent, reduce the Customer's liability under this guarantee by claiming that the Customer or any other person has a right of set-off or counterclaim against a Supplier or Hawkesbury City Constructions P/L's Credit and Billing Agent.

(g) Where the Customer is a partnership no change in the constitution of the partnership shall affect, impair or

discharge the liability of the Customer under this guarantee and indemnity whether past, present or future

notwithstanding the provisions of any legislation or any other similar enactment in amendment, modification or

substitution regulating partnerships.

(h) A statement in writing signed by an authorised officer of a Supplier, or Hawkesbury City Constructions P/L’s Credit and Billing Agent, setting out the moneys due or owing to the Supplier at the date of the statement shall be sufficient evidence of the amount so due or owing until the contrary is proven.

(i) Where the Customer enters into this guarantee as a trustee of any trust, then the following provisions shall

apply:

(i) the Customer shall be personally liable in its personal capacity and in its capacity as trustee of the trust, for the

performance of all obligations and undertakings under this guarantee;

(ii) the Customer warrants that the Customer has full, complete and valid authority pursuant to the trust to enter

into this guarantee and that it is indemnified out of the assets of the trust;

(iii) notwithstanding that there is no reference to a specific trust the rights of recourse shall extend to both the

Customer's assets personally and the assets of the trust; and

(iv) the Customer undertakes to Hawkesbury City Constructions P/L's Credit and Billing Agent that the Customer's rights of indemnity against the trust assets have not been excluded by the provisions of the trust or by any breach of trust or otherwise and that the Customer will not release or otherwise prejudice such rights of indemnity,

(j) The Customer's obligation to pay to Hawkesbury City Constructions P/L's Credit and Billing Agent the amounts referred to under this document is a primary obligation and Hawkesbury City Constructions P/L's Credit and Billing Agent is not obliged to proceed against or enforce any security or other right against the Customer or demand payment from the Customer before those amounts become due for payment.

18. New Hawkesbury City Constructions P/L Entities

(a) It is intended that all New HCC Entities will have the benefit of these Conditions. The New HCC Entity will

notify the Customer that it is a HCC Entity upon issuing a quote or before the Customer orders goods or services.

(b) The Customer promises Hawkesbury City Constructions P/L’s Credit and Billing Agent that it will only Order Goods or Services from a New HCC Entity on the strict condition that these Conditions and the Supplier Ts&Cs apply to such an Order and that the New HCC Entity will have the benefit of and may enforce these Conditions and the Supplier Ts&Cs irrespective of the fact that the New Boral Entity may not have been in existence or a Hawkesbury City Constructions P/L Company at the time of initial acceptance by the Customer of these Conditions.

HCC Entity by Hawkesbury City Constructions P/L's Credit and Billing Agent to the Customer, Hawkesbury City Constructions P/L's Credit and Billing Agent holds the benefit of the promises made by the Customer under these Conditions on behalf of that entity.

19. Privacy disclosure and consent

(a) The Privacy Policy of Kincumber Quarry/ Hawkesbury City Constructions P/L and its Australian subsidiaries, available on its website at https://www.kincumberquarry.com.au/privacy-policy or otherwise upon request to the Supplier, forms part of these Conditions and the Supplier Ts&Cs.

(b) The Customer and Guarantors authorise the Supplier and Hawkesbury City Constructions P/L’s Credit and Billing Agent to:

(i) obtain credit information about its personal, consumer and commercial credit worthiness from any bank or trade

referee disclosed in this document and from any other credit provider or credit reporting agency for the purpose of

assessing this application for credit, or in connection with any guarantee given by the Customer;

(ii) use, disclose or exchange with other credit providers and any Hawkesbury City Constructions P/L Company information about the Customer's credit arrangements and performance in order to assess an application for credit, monitor credit worthiness and collect overdue Accounts; and

(iii) disclose the contents of any credit report on the Customer to the Supplier and any other Hawkesbury City Constructions P/L Company, and any of their solicitors and mercantile agents. If the Customer does not provide the information requested in this document, the Supplier or Hawkesbury City Constructions P/L's Credit and Billing Agent may be unable to process the application or continue to provide credit or Goods and Services.

convenience for Hawkesbury City Constructions P/L outside Australia. All personal information derived from Australia will still be treated in accordance with the Supplier’s Privacy Policy while being stored overseas and in compliance with, at minimum, the provisions of the Privacy Act 1988.

(d) In addition to the above, and in accordance with the Privacy Policy, the Customer and all Guarantors agree

that the Supplier or its agent may collect, use or disclose personal information to Hawkesbury City Constructions P/L Companies and to third parties for the purpose of providing the Goods and Services, responding to queries, providing information about goods and services;

(i) sending information on Kincumber Quarry or other Hawkesbury City Constructions P/L Companies and the Supplier's services, performing the Supplier's administrative and marketing operations, complying with legislative and regulatory requirements or as otherwise permitted or authorised by law;

(ii) considering any other application the Customer may make to the Supplier or any Hawkesbury City Constructions P/L Company, managing the Supplier's rights and obligations in relation to external payment systems, e.g. credit card schemes and debit payment schemes; conducting market research or Customer satisfaction research;

(iii) developing, establishing and administering arrangements (including rewards programs) with other

organisations in relation to the promotion, administration and use of Kincumber Quarry's goods;

(iv) in connection with potential or actual unlawful activity, misconduct or transfers of Kincumber Quarry's business or assets; and

(v) developing and identifying products and services that may interest the Customer. Hawkesbury City Constructions P/L's Credit and Billing Agent complies with the privacy principles imposed by law in relation to the collection and disclosure of information regarding individuals. For further information on the way Hawkesbury City Constructions P/L Companies manage personal information, refer to Kincumber Quarry’s Privacy policy.

20. Governing law

These Conditions are governed by and is to be interpreted according to the laws in force in the State or Territory

where the Goods or Services are supplied and the parties submit to the non-exclusive jurisdiction of the courts

operating in that State or Territory. Where the Goods or Services are supplied to multiple States, these Conditions

are governed by and is to be interpreted according to the laws in force in New South Wales and the parties submit

to the non-exclusive jurisdiction of the courts operating in New South Wales. The operation of the United Nations Convention on Contracts for the Sale of International Goods is hereby excluded.

Kincumber Quarry Credit Agreement 20/04/2025