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Contract for the sale of goods

THIS AGREEMENT is made on the 15 day of April 2011.

The Parties

ACT Aviaries Pty of 32 Gamor Street

Waramanga, ACT 2611

(Seller)

and

Parklife Pty Ltd of Suite 64

MLC Tower

Woden, ACT 2606

(Buyer)

Background

A. The seller owns the goods described in item 1 of the schedule (goods). The goods represent the parts necessary for   the installation of an aviary (the aviary).

B. The buyer wants to buy the goods from the seller.

C. The seller sells and the buyer buys the goods on the terms and conditions set out in operative part.

The Operative Part

Sale and purchase

1. In consideration of the payment of $6,909 (the purchase price) the seller sells to the buyer and the buyer buys from the seller the goods on the terms and conditions of this agreement.

Delivery

2. The seller agrees to deliver the goods to the buyer’s store location, described in item 2 of the schedule, by 3 May 2011

Installation

3. The seller agrees to install the aviary at the store location by 3 May 2011.

Payment

4. The buyer agrees to pay the purchase price to the seller no later than 90 days after delivery.

(a) Payment should be by cash, direct deposit in cleared funds or bank cheque.

Passing of title

5.   The seller reserves the following rights in relation to the goods until all accounts owed by the buyer to the seller are fully paid:

(a) ownership of the goods;

(b) to enter the buyer’s premises (or the premises of any associated company or agent where the goods are located) without liability for trespass or any resulting damage and retake possession of the goods; and

(c) to keep or resell any goods repossessed pursuant to (2) above.

6. If the goods are resold, or products manufactured using the goods are sold, by the buyer, the buyer shall hold such part of the proceeds of any such sale as represents the invoice price of the goods sold or used in the manufacture of the goods sold in a separate identifiable account as the beneficial property of the seller and shall pay such amount to the seller upon request. Notwithstanding the provisions above the seller shall be entitled to maintain an action against the buyer for the purchase price and the risk of the goods shall pass to the buyer upon delivery.

Return of the goods

7.   The buyer must not return the goods to the seller unless the seller consents to the return of the goods.

SCHEDULE

Item 1

GoodsNylex Cover Shade, 50 x 10Telescopiv Pole 5200mm Gal Steel, T-nut type, Galva-

Bond tubing, 89mm inner and 100 mm outer tube x 25

Nylex Aluminium railing 8m x 80

Press Stud Kit Refill Newey/Birch x 100

Stayput Canvas Canvas, Double Thickness x 100

Stayput Fastener, Horizontal Double Thickness x 15

Brewster Double Tum Button x 100

Brewster Eyelets 400 x 400a x 100

 

Total (including GST)

   Price$2,200.00

 

$2,500.00

$2,100.00

$     30.00

$     25.00

$     22.00

$     16.00

$     16.00

 

$6,909.00

 

Item 2:   Location of Store Mount Stromlo Butterfly Park4 Holdens Creek RoadMount Stromlo

ACT 2611

EXECUTED AS AN AGREEMENT  
SIGNED by Dale Godwin 

SIGNED by Eric Sully

 

 

SIGNED in the presence of Johnny Fingers

D.Godwin[Signature of seller]
E Sulley
[Signature of buyer]J Fingers

[signature of witness]

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