Terms & Conditions of Trade

IMPORTANT: PLEASE READ: These Terms & Conditions of Trade (Terms) apply to powder coating, pretreatment, surface finishing and related goods and services supplied by Lumina Finishes. They are written primarily for business-to-business trade in Western Australia and are intended for website publication and customer handout with quotations, credit applications and job paperwork.

Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy that cannot lawfully be excluded under the Australian Consumer Law (ACL) or any other applicable law. Where the Customer is a consumer or a small business protected by unfair contract term laws, these Terms are to be read only to the extent reasonably necessary to protect Lumina Finishes' legitimate interests. Any provision that would otherwise be prohibited, unfair or unenforceable is read down or severed to the extent required by law.

1. DEFINITIONS: 1.1 In these Terms:

"ACL" means the Australian Consumer Law in Schedule 2 to the Competition and Consumer Act 2010 (Cth).

"Customer" means the person or entity requesting, ordering or receiving Goods or Services from Lumina Finishes.

"Customer Goods" means aluminium, steel, fabricated items, extrusions, panels, castings, components or other property supplied by or for the Customer for treatment.

"Goods" includes any goods sold or supplied by Lumina Finishes, and Customer Goods while in Lumina Finishes' custody for treatment.

"Order" means a purchase order, job instruction, acceptance of a Quote, delivery of Customer Goods for processing, website or email request, or any other request for Goods or Services.

"Quote" means a quotation, estimate, price list, proposal or other pricing issued by Lumina Finishes.

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

"Services" includes powder coating, pretreatment, cleaning, stripping, masking, plugging, blasting (where offered), packing, handling, transport and associated finishing services.

"Special Order Materials" includes powders, chemicals, packaging, metal, consumables or other materials acquired specifically for a Customer or project.

"Terms" means these Terms & Conditions of Trade as updated from time to time for future Orders.

2. ACCEPTANCE AND APPLICATION: 2.1 The Customer accepts these Terms when it accepts a Quote, places an Order, delivers Customer Goods for processing, asks Lumina Finishes to start work, accepts delivery or collection, opens or uses a credit account, or otherwise accepts the benefit of the Goods or Services after reasonable notice of these Terms.

2.2 These Terms apply to each Order unless Lumina Finishes and the Customer sign a separate written agreement that expressly overrides them for that Order.

2.3 Terms on the Customer's purchase order or other document do not override these Terms merely because Lumina Finishes receives the document or performs work under it. Any agreed departure must be recorded in writing by an authorised representative of Lumina Finishes.

2.4 Lumina Finishes may accept or reject an Order in whole or in part.

2.5 If these Terms are published on www.luminafinishes.com.au, the version current when the Order is accepted applies to that Order, unless a Quote or written confirmation specifies another version.

3. QUOTATIONS, PRICES AND ORDERS: 3.1 Unless otherwise stated, a Quote is valid for 30 days and may be withdrawn before acceptance.

3.2 Prices are based on the information, drawings, quantities, dimensions, weights, substrate condition, colour, powder system, masking, packaging and delivery requirements supplied at the time of quoting.

3.3 Lumina Finishes may reasonably adjust the price where the actual work differs materially from the quoted assumptions, including where: • quantities, dimensions, weights, surface area or job complexity differ from information supplied; • Customer Goods need unexpected cleaning, stripping, rework, masking, plugging, handling or preparation; • the Customer changes the specification, colour, powder system, finish, delivery requirement or scope after acceptance; • Special Order Materials are required; or • a supplier changes the price of a Special Order Material before Lumina Finishes commits to purchasing it, provided the Customer is informed before the extra cost is incurred where reasonably practicable.

3.4 Where a proposed price variation materially changes the agreed price, Lumina Finishes will seek the Customer's approval before proceeding with the affected additional work, except where immediate action is reasonably necessary to prevent damage or a safety risk.

4. GST: 4.1 Unless expressly stated otherwise, quoted prices are exclusive of GST.

4.2 GST and any other applicable statutory charge will be added at the rate required by law.

5. CUSTOMER SPECIFICATIONS AND RESPONSIBILITIES: 5.1 The Customer must provide accurate and complete specifications, drawings, colour references, powder codes, gloss levels, warranty requirements, service environment, masking and plugging instructions, critical surfaces and any other information reasonably necessary to perform the work.

5.2 The Customer is responsible for confirming that the selected coating system, colour, gloss, texture, powder chemistry and substrate are suitable for the intended end use, environment and design, except to the extent Lumina Finishes expressly agrees in writing to provide professional advice for that purpose.

5.3 The Customer must identify before work starts any requirement for architectural warranty, marine or coastal performance, chemical resistance, high-temperature performance, food-contact, or another special performance need.

5.4 The Customer warrants that it owns the Customer Goods or is authorised by the owner to instruct Lumina Finishes to perform the Services, and that any drawings, designs or specifications it supplies do not infringe another person's intellectual property rights.

5.5 The Customer must disclose before processing any hazardous substance, residual chemical, pressurised cavity, sealed vessel, battery, asbestos-containing material, or other dangerous characteristic of Customer Goods.

6. POWDER COATING QUALITY AND APPEARANCE: 6.1 Unless a different written specification is agreed, Lumina Finishes will provide a commercially acceptable powder-coated finish having regard to the product, substrate, powder system, intended use and relevant industry standards.

6.2 For architectural aluminium, where applicable to the contracted work, the finish will be assessed having regard to AS 3715 (thermoset powder coatings for architectural applications of aluminium) and the nominated powder manufacturer's system or warranty specification. For other metal substrates, AS 4506 may be used as a general reference where relevant to the contracted work. Lumina Finishes does not claim any certification or accreditation unless expressly stated in writing for a particular Order.

6.3 Powder coating is a manufacturing finishing process. Subject to any mandatory guarantee or expressly agreed specification, a commercially acceptable finish may show minor variation in colour, gloss, texture or appearance that is not materially visible under normal viewing conditions.

6.4 Unless another inspection method is specified in writing, appearance should be assessed on significant visible surfaces under normal lighting and from a reasonable viewing distance appropriate to the product and its installed use. For architectural aluminium, about one metre may be used as a general reference where consistent with the applicable specification.

6.5 Powder coating cannot reasonably be expected to conceal or correct defects in the underlying substrate. Surface defects may become more visible after coating.

6.6 Unless otherwise agreed in writing, film thickness, cure and appearance targets are those appropriate to the nominated powder system and commercially acceptable practice for the class of work. Exact laboratory tolerances apply only where expressly specified and accepted in the Quote or Order confirmation.

7. SUBSTRATE CONDITION AND INHERENT DEFECTS: 7.1 Lumina Finishes is not responsible for defects caused by or arising from the inherent condition, composition, fabrication or previous treatment of Customer Goods where those matters are outside Lumina Finishes' reasonable control.

7.2 Examples include: • porosity, pinholing, outgassing, trapped gas or contamination in castings, galvanised steel or porous substrates; • silicone, oil, grease, adhesive, marker, cutting fluid, weld contamination, corrosion, scale or residues; • weld spatter, grinding marks, scratches, dents, sharp edges, poor fabrication, distortion or inconsistent metal thickness; • corrosion, white rust, oxidation, storage staining or weathering present before processing; • previous coatings, anodising, plating, sealants or chemical treatments that interfere with adhesion or appearance; • mixed alloys, unknown alloy composition, recycled metal or substrates that respond differently to pretreatment or curing; and • heat-related distortion, movement or release of contamination where the item is not suitable for normal powder-coating cure temperatures.

7.3 Lumina Finishes will take reasonable care in processing such Goods but does not warrant that powder coating will eliminate an inherent substrate defect or make unsuitable Goods fit for their intended purpose.

8. CASTINGS, GALVANISED STEEL, PREVIOUSLY COATED AND SPECIAL SUBSTRATES: 8.1 Castings, hot-dip galvanised steel, zinc-rich surfaces, previously coated material, anodised material and unusual substrates carry an increased risk of outgassing, adhesion issues and visual defects.

8.2 Where Lumina Finishes identifies a material as higher risk, it may recommend testing, stripping, blasting, special pretreatment, an anti-gassing powder, a primer or another process at additional cost.

8.3 If the Customer instructs Lumina Finishes to proceed despite a disclosed material risk, responsibility for defects caused solely by that disclosed inherent risk remains with the Customer, subject always to rights that cannot be excluded by law.

9. PRETREATMENT: 9.1 Pretreatment will be selected according to the substrate, specification, intended coating system and information supplied by the Customer.

9.2 Architectural or manufacturer-warranted work may require a specified pretreatment process, powder range, film thickness, record keeping, location classification and other manufacturer conditions.

9.3 The Customer must notify Lumina Finishes before processing if a project requires a particular warranted, accredited or specified system.

10. COLOUR, GLOSS, TEXTURE AND BATCH VARIATION: 10.1 Colour samples, screens, printed charts and photographs are indicative only. Final appearance can be affected by substrate, powder batch, film build, cure, lighting, gloss and texture.

10.2 Where colour matching is critical, the Customer should approve a physical sample or nominated powder manufacturer's reference before production. Sample and prototype work may be charged separately.

10.3 Different production runs, substrates or powder batches may show minor variation. Lumina Finishes does not guarantee an exact visual match between separate Orders unless expressly agreed in writing.

10.4 Metallic, pearlescent, textured, transparent and special-effect powders may display greater visual variation and directional effects.

11. MASKING, PLUGGING, THREADS AND CONTACT POINTS: 11.1 The Customer must clearly identify surfaces, threads, holes, electrical contacts, earth points, bearing surfaces, mating surfaces and other areas that must remain free of coating.

11.2 Unless expressly included in the Quote, specialised masking or plugging may be charged separately.

11.3 Racking and hanging necessarily require contact points. Small rack marks, hook marks or uncoated contact areas may remain at appropriate hanging locations and are not defects where reasonably necessary for processing.

11.4 The Customer should nominate critical rack-mark locations before processing. If none are nominated, Lumina Finishes may select locations using reasonable manufacturing judgement.

12. HOLES, DRAINAGE AND FABRICATION FOR PROCESSING: 12.1 Customer Goods must be designed and fabricated so liquids, chemicals, rinse water and gases can safely drain or escape during pretreatment and curing.

12.2 Lumina Finishes may decline to process Goods that present a safety or quality risk. Any drilling, venting or alteration requires Customer authorisation unless urgently required to address an immediate safety risk.

12.3 Lumina Finishes is not responsible for internal corrosion, retained chemicals, pressure build-up or coating defects caused by inaccessible cavities or inadequate drain/vent design that was not created by Lumina Finishes.

13. STRIPPING, REWORK AND RECOATING: 13.1 Stripping and recoating may alter the surface condition, dimensions, appearance or metallurgical properties of Customer Goods. The Customer accepts the normal risks associated with reprocessing.

13.2 Where rework is required because Lumina Finishes failed to meet the agreed specification, Lumina Finishes will, subject to law and technical feasibility, rectify or recoat the affected work at its cost.

13.3 Rework requested because of a Customer change, incorrect Customer specification, substrate defect or damage occurring after risk has passed may be charged to the Customer.

13.4 Lumina Finishes will not repeatedly strip or reprocess Goods where it reasonably considers further processing unsafe or likely to damage the Goods.

14. POWDER MANUFACTURER WARRANTIES: 14.1 Any powder manufacturer warranty (including warranties offered by Dulux, Interpon, Jotun or other brands where applicable) is separate from Lumina Finishes' contractual obligations and is subject to that manufacturer's current eligibility criteria, approved applicator requirements, project registration, location, substrate, pretreatment, powder range, film thickness, maintenance and other conditions.

14.2 The Customer must request a manufacturer-backed project warranty before coating begins and provide all information required for registration.

14.3 Lumina Finishes does not promise that a manufacturer will issue a warranty unless eligibility has been confirmed in accordance with the manufacturer's process. Naming a powder brand does not mean Lumina Finishes holds any particular manufacturer accreditation unless stated in writing for the Order.

14.4 Nothing in this clause limits any statutory guarantee or any express warranty given directly by Lumina Finishes.

15. TURNAROUND TIMES AND EXPRESS WORK: 15.1 Any completion, dispatch or delivery date is an estimate unless Lumina Finishes expressly agrees in writing that it is guaranteed.

15.2 Lead times may be affected by workload, job size, substrate condition, rework, powder availability, supplier delays, breakdowns, utilities, transport and other circumstances reasonably outside Lumina Finishes' control.

15.3 An express or priority surcharge secures priority handling only to the extent stated in the Quote; it does not create a guaranteed completion time unless expressly stated in writing.

15.4 Lumina Finishes will use reasonable endeavours to notify the Customer of a material delay.

16. DELIVERY, COLLECTION, PACKING AND STORAGE: 16.1 Unless otherwise agreed, Goods are made available for collection from Lumina Finishes' Welshpool premises.

16.2 Delivery, freight, special packaging, wrapping, pallets, stillages and handling may be charged in addition to the coating price where not included in the Quote.

16.3 The Customer must collect completed Goods within 7 days after notification that they are ready, unless another period is agreed.

16.4 After that period, Lumina Finishes may charge reasonable storage and handling costs that reflect its actual or reasonably anticipated costs, and may relocate overdue Goods to reasonable storage.

16.5 If Goods remain uncollected for more than 90 days after notification (or such longer period as the law requires), Lumina Finishes may give written notice requiring collection. If the Goods are still not collected within a further reasonable period stated in the notice, Lumina Finishes may deal with the Goods as abandoned property to the extent permitted by law, including after giving any further notice required by law, and may recover storage and disposal costs from the Customer. This does not limit the lien in clause 24.

17. REUSABLE RACKS, SKIPS, STILLAGES AND PACKAGING: 17.1 Any reusable rack, skip, stillage, trolley, pallet or packaging identified as Lumina Finishes property remains its property.

17.2 The Customer must return reusable property within the agreed period and in substantially the condition supplied, fair wear and tear excepted.

17.3 Lumina Finishes may charge the reasonable replacement or repair cost for property not returned or damaged beyond fair wear and tear.

18. RISK AND CUSTOMER GOODS: 18.1 Ownership of Customer Goods remains with the Customer or relevant owner.

18.2 Lumina Finishes will exercise reasonable care while Customer Goods are in its custody.

18.3 To the extent permitted by law, Lumina Finishes is not liable for loss or damage caused by an inherent defect, inadequate packaging supplied by the Customer, undisclosed dangerous characteristics, or circumstances beyond Lumina Finishes' reasonable control.

18.4 Where Lumina Finishes arranges transport, responsibility for transport loss or damage will be determined by the agreed transport terms and applicable law. Where the Customer or its carrier collects Goods, risk passes on collection.

19. INSPECTION AND CLAIMS: 19.1 The Customer should inspect completed Goods as soon as reasonably practicable after collection or delivery and before fabrication, assembly, glazing, installation, resale or incorporation into other work.

19.2 The Customer should notify Lumina Finishes promptly in writing of any alleged shortage, incorrect colour, visible coating defect or other non-conformity and provide reasonable details, photographs and job identification.

19.3 As a commercial procedure, Lumina Finishes requests notification of visible issues within 10 business days of collection or delivery. This period does not extinguish any right or remedy that cannot lawfully be limited.

19.4 The Customer must give Lumina Finishes a reasonable opportunity to inspect the affected Goods before third-party rectification, stripping, installation or disposal, where practicable.

19.5 Installation or further processing after a defect becomes reasonably apparent may affect the extent of recoverable loss, but does not exclude rights that cannot lawfully be excluded.

20. RECTIFICATION AND REMEDIES: 20.1 Where Lumina Finishes accepts that Services do not comply with the agreed specification, it may offer a technically appropriate remedy including repair, recoating, resupply or refund, subject to the ACL and other applicable law.

20.2 Where the ACL permits liability for a failure to comply with a guarantee to be limited, Lumina Finishes' liability may be limited to supplying the Services again or paying the reasonable cost of having them supplied again, or for Goods, replacement, repair or the reasonable cost of replacement or repair.

20.3 Nothing in these Terms limits liability where it would be unlawful to do so.

21. LIMITATION OF LIABILITY AND CONSEQUENTIAL LOSS: 21.1 To the maximum extent permitted by law, Lumina Finishes is not liable for indirect or consequential loss that was not reasonably foreseeable as a result of Lumina Finishes' breach, including avoidable downstream delay, liquidated damages payable by the Customer to a third party, or third-party costs that the Customer could reasonably have mitigated.

21.2 Subject to clause 21.3 and rights that cannot be excluded, Lumina Finishes' aggregate liability arising out of or in connection with an Order (whether in contract, tort including negligence, statute or otherwise) is limited to the total fees paid or payable by the Customer to Lumina Finishes under that Order.

21.3 Clauses 21.1 and 21.2 do not exclude or limit liability for fraud, wilful misconduct, personal injury or death caused by Lumina Finishes' negligence, or any other liability that the law prohibits Lumina Finishes from limiting, and do not reduce ACL remedies that cannot be limited.

22. PAYMENT TERMS: 22.1 The Customer must pay invoices by the due date stated on the invoice or approved credit account. If no due date is stated, payment is due within [e.g. 30 days from invoice date / COD / 30 days EOM].

22.2 Lumina Finishes may require deposits, progress payments, COD or payment before release of Goods for new accounts, special-order work, overdue accounts or higher-risk Orders.

22.3 A genuine dispute about part of an invoice does not excuse payment of the undisputed portion.

22.4 Lumina Finishes may suspend further work or withhold release of Goods where an undisputed amount is materially overdue, after giving reasonable notice where practicable.

23. OVERDUE ACCOUNTS AND RECOVERY COSTS: 23.1 On overdue undisputed amounts, Lumina Finishes may charge reasonable interest at the rate stated on the Quote, credit application or invoice.

23.2 The Customer must reimburse reasonable external debt recovery and legal costs actually incurred by Lumina Finishes in recovering overdue undisputed amounts, to the extent permitted by law.

23.3 Lumina Finishes may place an overdue credit account on hold until satisfactory arrangements are made.

24. LIEN OVER CUSTOMER GOODS: 24.1 To the extent recognised by law, Lumina Finishes claims a possessory lien over Customer Goods in its lawful possession for amounts due and payable for work performed on those Goods.

24.2 Lumina Finishes will not sell or dispose of Customer Goods under this clause except in accordance with applicable law and after giving any notice required by law.

25. TITLE TO GOODS SOLD BY LUMINA FINISHES (RETENTION OF TITLE): 25.1 Where Lumina Finishes sells Goods that it owns, title remains with Lumina Finishes until the Customer has paid the purchase price for those Goods in full, to the extent permitted by law.

25.2 Until title passes, the Customer must keep such Goods identifiable and must not knowingly create a security interest inconsistent with Lumina Finishes' rights.

25.3 This clause does not transfer ownership of Customer Goods to Lumina Finishes.

26. PERSONAL PROPERTY SECURITIES ACT: 26.1 Where an Order creates a security interest for the purposes of the PPSA, the Customer acknowledges that these Terms may constitute a security agreement and authorises Lumina Finishes to take reasonable steps to register and maintain that security interest on the Personal Property Securities Register.

26.2 The Customer must provide information reasonably required for a valid registration and promptly notify Lumina Finishes of changes that may affect it.

26.3 The Customer must reimburse reasonable registration, amendment and discharge fees actually incurred in connection with a security interest created under these Terms.

26.4 Nothing in this clause excludes a PPSA right or notice requirement unless the PPSA permits it to be excluded and doing so is reasonably necessary to protect Lumina Finishes' legitimate security interest.

27. CANCELLATION: 27.1 The Customer may request cancellation of an Order before completion. Lumina Finishes will not unreasonably refuse a cancellation where work has not commenced and no non-recoverable commitment has been made.

27.2 The Customer must pay reasonable costs and losses directly resulting from an approved cancellation, including completed work, committed labour, non-returnable Special Order Materials and supplier cancellation charges.

27.3 Lumina Finishes will take reasonable steps to mitigate cancellation losses and will not impose a cancellation charge that operates as a penalty.

27.4 Lumina Finishes may cancel or suspend an Order where it cannot safely or lawfully perform the work, the Customer commits a material breach that is not remedied after reasonable notice, or performance becomes impossible due to circumstances beyond reasonable control.

28. SPECIAL ORDER POWDERS AND MATERIALS: 28.1 If Lumina Finishes acquires Special Order Materials specifically for the Customer, the Customer is responsible for the agreed quantity and cost once Lumina Finishes has committed to the purchase and the materials cannot reasonably be returned or used for other work.

28.2 Ownership and disposal of unused Special Order Materials will be as agreed in the Quote or Order. If not specified, Lumina Finishes may retain usable residual material after completion unless the Customer has paid separately for the entire purchased quantity and requests its release, subject to safe handling and supplier restrictions.

29. CUSTOMER CHANGES AND VARIATIONS: 29.1 A variation requested after work begins may affect price and completion time.

29.2 Lumina Finishes will advise the Customer of a material price or timing effect before implementing a requested variation where reasonably practicable.

29.3 Verbal production instructions may be relied on where given by a person whom Lumina Finishes reasonably believes is authorised by the Customer. Lumina Finishes may request written confirmation.

30. INTELLECTUAL PROPERTY AND CONFIDENTIALITY: 30.1 Each party retains ownership of intellectual property it owned before the Order. The Customer retains ownership of its drawings, designs and specifications. Lumina Finishes retains ownership of its processes, know-how, jigs, racking methods, software, documentation and other materials developed independently of the Customer.

30.2 The Customer grants Lumina Finishes a non-exclusive licence to use Customer-supplied drawings and specifications solely to perform the Order.

30.3 Neither party may use or disclose the other party's confidential commercial information except to perform the Order, comply with law, or with prior written consent. This does not apply to information that is public, independently developed, or already known without a confidentiality duty.

30.4 The Customer indemnifies Lumina Finishes against reasonable loss arising from a third-party claim that Customer-supplied designs, drawings or specifications infringe intellectual property rights, except to the extent caused by Lumina Finishes' misuse of those materials.

31. FORCE MAJEURE: 31.1 Neither party is liable for delay or failure to perform an obligation, other than an obligation to pay for Goods or Services already supplied, to the extent caused by an event beyond that party's reasonable control.

31.2 Examples may include natural disasters, fire, flood, industrial action not limited to the affected party, utility failure, transport disruption, government action, epidemic, war, import restriction or critical supplier failure.

31.3 The affected party must take reasonable steps to minimise the effect and resume performance when reasonably possible. If the delay becomes substantial, either party may discuss cancellation of the unperformed portion on fair terms.

32. CREDIT ACCOUNTS AND CHANGE OF DETAILS: 32.1 Credit facilities are subject to approval and may be reviewed according to reasonable credit risk.

32.2 The Customer must promptly notify Lumina Finishes of material changes to its legal name, ABN/ACN, address, ownership, insolvency status or contact details where relevant to the trading relationship.

32.3 Lumina Finishes may reasonably reduce, suspend or withdraw credit terms based on payment history or a material change in credit risk, without affecting Orders already paid for or rights that have already accrued.

33. PRIVACY AND CREDIT INFORMATION: 33.1 Lumina Finishes may collect, use and disclose business contact, account and credit information for quoting, supplying, invoicing, account administration, debt recovery, fraud prevention and other legitimate business purposes, subject to applicable privacy and credit reporting laws. Further detail may be set out in any privacy statement published on www.luminafinishes.com.au.

33.2 Where consent is legally required for a credit check or disclosure, Lumina Finishes will obtain that consent through the credit application or another appropriate process.

34. SUBCONTRACTORS: 34.1 Lumina Finishes may engage subcontractors or suppliers to perform part of the Services, and remains responsible to the Customer for work it has contracted to perform, subject to these Terms.

35. DISPUTE RESOLUTION: 35.1 If a dispute arises, either party may give written notice describing the issue. The parties must then attempt in good faith to resolve it by discussion between authorised representatives within 14 days (or longer if agreed).

35.2 Nothing in this clause prevents a party from seeking urgent interlocutory relief, exercising a lien or security interest, or commencing proceedings where needed to preserve rights or recover an undisputed debt.

36. NOTICES: 36.1 Notices and routine commercial communications may be sent to the latest postal or email address supplied by the relevant party.

36.2 A notice is taken to be received when actually delivered or, for email, when it enters the recipient's information system unless the sender receives a failure notice, subject to any mandatory legal rule.

37. ASSIGNMENT: 37.1 Neither party may assign material obligations under an Order without the other party's consent, which must not be unreasonably withheld where the proposed assignment does not materially prejudice the other party.

37.2 Lumina Finishes may assign a debt or receivable to a financier or debt recovery provider subject to applicable law.

38. WAIVER, SEVERABILITY AND VARIATION OF THESE TERMS: 38.1 A failure or delay in exercising a right does not waive that right. A waiver must be clear and applies only to the particular matter for which it is given.

38.2 If a provision is unlawful, void, unfair or unenforceable, it is to be read down to the minimum extent necessary to make it lawful and enforceable. If it cannot be read down, it is severed and the remaining provisions continue to operate.

38.3 Lumina Finishes may update these Terms for future Orders by publishing or providing a revised version.

38.4 A change does not retrospectively alter an Order already accepted unless the Customer agrees in writing or the change is required by law.

39. GOVERNING LAW AND JURISDICTION: 39.1 These Terms and each Order are governed by the laws of Western Australia and applicable Commonwealth law.

39.2 Subject to any tribunal or statutory jurisdiction that cannot be excluded, the parties submit to the courts and tribunals having jurisdiction in Western Australia.

40. ENTIRE AGREEMENT AND ORDER OF PRECEDENCE: 40.1 For each Order, the contract consists of the accepted Quote or written Order confirmation, any project-specific written specification, these Terms and any approved credit terms.

40.2 If there is an inconsistency, a project-specific term expressly agreed in writing by Lumina Finishes prevails over these Terms for that Order to the extent of the inconsistency.

41. CONTACT AND ACCEPTANCE: Trading as: Lumina Finishes

Address: Warehouse B- 77-89 Kurnall Road, Welshpool, Western Australia 6106

Email: admin@luminafinishes.com.au

Phone: (08) 6275 4262

Website: www.luminafinishes.com.au

41.1 By placing an Order or otherwise accepting Goods or Services after being given reasonable notice of these Terms, the Customer agrees to be bound by them, subject to all rights that cannot lawfully be excluded.