Signed Sales Agreement: Peak Complete Package: 224003

Page 1: Approval and proposal letter

Approved by Kay Power on Jul 11, 2025 Approved

EXPANDIFY Expander Dwellings PTY LTD Trading as Expandify [redacted in published copy] • Phone: [redacted in published copy]

Kay Power Phone: [redacted in published copy] Job Address: [redacted in published copy] Print Date: 1-4-2026

SA Kay Power [redacted in published copy]

Hi Kay,

It was lovely to go over the plans and colours with you. I do apologise for the delay in getting this to you.

Attached you will find your proposal. This proposal includes the customisations we discussed, add-ons, upgrades, variations to standard costs as well as the dwelling. You will also find your proposed layout(your fully customised plans will follow.

Your next steps: > Review the proposed floor plan and confirm it is what you would ideally like. > Review, sign and accept proposal > Once the proposal has been approved, a 30% deposit invoice will be issued for payment. Deposit invoices are due on receipt. All progress payment invoices will be sent 14 days before due date.

As we mentioned we have added in everything you would like to have included, added or changed. If there are any items in this proposal that you would like to change, remove or need clarification on please let me know and I will adjust accordingly.

Sarah

[Floor-plan thumbnail: see the published PDF; small diagram labels are not transcribed.]

Page 2: Package, add-ons and upgrades

The Peak - Complete Supply, Install and Council Approval Package $185,000.00

A comprehensive, hassle-free solution for your home or granny flat that includes the dwelling, complying development council approvals, installation, and everything in between.

Add Ons, Changes and Upgrades

For the additional features you have chosen to include with your dwelling that are outside of the standard package, such as adding an additional deck or wardrobes. For your selected enhancements to standard items. This covers the cost difference when choosing a premium fixtures, required structure upgrades and much more.

[Table columns: Items; Description; Unit Price. Each row is transcribed below.]

Item: 5.2kw Aircon Unit Description: An additional 5.2kw Air con unit to be added to the main living space. Unit Price: $1,615.90

Item: Hot Water System 240l Off Peak Electric Description: Hot Water System 240l Off Peak Electric. Including Install Unit Price: $2,500.00

Item: Additional Aircon Unit Install Description: Install of your additional Aircon unit in your chosen location Unit Price: $850.00

Item: C2 Floor Plan Description: Floor Plan C2 with further customisation: Custom floor plan with full laundry room, office and 2 bedrooms. plus removal of 1 bathroom within Peak Section. Unit Price: $10,000.00

Item: Upgrade to 2.4m Deck from 1.8 Description: Upgrade the included 1.8m deck to create an expansive outdoor entertaining area. $3,000 Unit Price: $3,000.00

Item: Wind Rating - N2 to N3 Description: An essential structural upgrade required for properties in higher wind zones. This package includes additional reinforcing and engineered tie-downs to ensure your dwelling is safe and compliant with the N3 wind rating standards for building certification. Unit Price: $4,000.00

Item: Change alcove to cupboards Description: Cupboards to match in with other kitchen cabinetry to replace the alcove normally occupied by a dishwasher. Unit Price: $360.00

Item: 3 door wardrobe 2.4m high x 1.5m long x 0.5m deep Description: 3 door wardrobe 2.4m high x 1.5m long x 0.5m deep. 8 Drawers: 4 x 600*108; 4 x 464*180 Unit Price: $1,500.00

Item: 5 bay WIR for master bedroom Description: Custom wardrobes to beautifully fit your space and enhance bedroom storage Unit Price: $2,000.00

Item: 60cm slide out rangehood, s/steel front Description: 60cm slide out rangehood with stainless steel front, 2 fans, 3 speeds and top re-circulating option. Includes external ventilation install Unit Price: $830.50

Item: Westinghouse 600mm Multi-Function 5 Oven with 4 Zone Ceramic Cooktop with Knob Control and Slimline Slide-Out Rangehood Black Description: A. Westinghouse 600mm Multi-Function 5 Oven - Dark Stainless Steel (WVE6314DD) Upgrade your kitchen with the Westinghouse 600mm Multi-Function Oven, offering a range of features to elevate your cooking experience. With different cooking functions, you can effortlessly prepare a variety of dishes to perfection. The oven's large capacity allows you to cook multiple dishes simultaneously, saving you time and effort. B. Westinghouse 600mm 4 Zone Ceramic Cooktop with Knob Control (WHC642BC) Preparing multiple dishes at the same time is simple and easy, thanks to the Westinghouse 600mm 4 Zone Ceramic Cooktop with Knob Control. C. Westinghouse 60cm Slimline Slide-Out Rangehood - Stainless Steel (WRR604SB) Offering powerful extraction via its dual, centrifugal motor, the Westinghouse 60cm Slimline Slide-Out Rangehood is a welcome investment for maintaining a well-circulated cooking ambience at home. With its slimline design, the rangehood is suitable for space-efficient integration. D. Custom Expandify cabinetry for Built in Appliances Unit Price: $3,543.15

Add Ons, Changes and Upgrades Totals: $30,199.55

Page 3: Build variations, travel fees and selections

Build Variations

Charges for necessary modifications to the site or foundations required to comply with engineering standards based on your property's specific soil type, wind rating, or other site conditions.

[Table columns: Items; Description; Unit Price.]

Item: Additional Trenching Description: 10 meters of trenching required to connect to services Unit Price: $350.00

Item: Foundation Upgrade due to soil type Description: This will include additional engineering, depth of footings, and bracing to ensure solid footings. P type soil with underlying M with DCP Level at .06 Refusal at 1.2m Unit Price: $5,000.00

Build Variations Totals: $8,500.00

Additional Travel Fees

A surcharge for projects located outside our standard service zone or in areas requiring special access, such as by ferry. This covers the additional logistics for our build and delivery teams.

[Table columns: Items; Description; Unit Price.]

Item: Certifiers Final visit to sign off - Out of zone Description: Assessment of design documentation and application - ATP Rate-Inspections out-of-zone travel Unit Price: $5.00

Additional Travel Fees Totals: $303.45

Colours and Selections

[Table columns: Items; Description; Unit Price.]

Item: Cream Cladding Description: External metal cladding Unit Price: $0.00

Item: Black - Window and Door Colour Description: Black - Window and Door Colour Unit Price: $0.00

Item: Single Door - Aluminium Inserts Description: Single Door - Aluminium Inserts Unit Price: $0.00

Item: Sliding Entry Door Description: Sliding Entry Door Unit Price: $0.00

Item: Mid Grey Description: [blank in source] Unit Price: $0.00

Item: White Walling Description: White Bathroom Wall Unit Price: $0.00

Item: Graphite Blackout Blinds - JL0038 Description: [blank in source] Unit Price: $0.00

Item: Grey Marble Look Description: Silica free engineered stone bench Unit Price: $0.00

Item: White Cupboards Description: Cabnietrey Unit Price: $0.00

Item: Cool White Description: Cool White; Bamboo Lining; 50mm rockwool insulation Unit Price: $0.00

Item: Mid Brown Decking Description: Mid Brown ModWood Decking Unit Price: $0.00

Page 4: Selections, total price and Schedule 1

[Colours and Selections table, continued. Columns: Items; Description; Unit Price.]

Item: Custom Floor Plan C2 Description: [The following HTML markup is printed literally in the source.] <p><span style="background-color: rgba(241, 196, 15, 1)"><i>A Fully custom floor plan as discussed with and quoted by your project manager</i></span><br /> <br /> Custom floor plan with full laundry room, office and 2 bedrooms.&nbsp;<br /> <br /> Additional AC = 5.2kw in lounge, Included 5.2 unit to be placed in bedroom 1</p> <p>Built in Stove and oven pack to be included, Appliance package and Hotwater system to be added on.&nbsp;</p> Unit Price: $0.00

Colours and Selections Totals: $0.00

Total price: $224,003.00

EXPANDIFY Sales Agreement Expandify - Modular Kits

BACKGROUND

A. This Sales Agreement ("Agreement") is between the Seller, Expandify ("us", "our", "we") and the Purchaser ("you", "your") for the purchase of a Modular Kit(s) including any and all components as specified in the Schedule, collectively the "Goods".

B. We agree to sell to you, and you agree to purchase from us, the Goods in the quantities, at the price, and pursuant to the terms and conditions specified in this Agreement.

SCHEDULE 1: Particulars

1. Seller Expander Dwelling Pty Ltd of registered business name “Expandify” A.C.N. 677 180 326 [redacted in published copy] Raceview, QLD Contact person: Sarah Morrison Contact email: [redacted in published copy] who may be referred to in this Agreement as “Expandify”, “us”, “our”, or “we” as the context requires.

2. Purchaser Name: Kay Power Physical address: [redacted in published copy] who may be referred to in this Agreement as “Purchaser”, “you” or “your” as the context requires.

3. Sales Agreement Start Date The earlier of: (a) the date that all parties have signed this Agreement; or (b) when you otherwise instruct us to supply the Goods following receipt of this Agreement and we begin to act on these instructions.

4. Purchase Price $###### as detailed in accepted build proposal.

5. Deposit 30% of Purchase Price payable on execution of this Agreement.

Page 5: Schedule 1 and definitions

6. Balance Payments 30% of Purchase Price upon Build Complete. 30% of Purchase Price upon Arrival in Australia. 10% of Purchase Price upon the Goods being made available to you for occupation.

7. Description of Goods ####### as detailed in accepted build proposal.

8. Exchange Rate [blank in source]

9. Anticipated Delivery Date [blank in source]

10. Delivery Address [blank in source]

11. Special Conditions [blank in source]

TERMS OF SALE

1. Definitions and Interpretation

1. Definitions

(a) Agreement means this agreement, including any schedules.

(b) Anticipated Delivery Date means the date specified in Item 9 of Schedule 1 by which the Goods are expected to be delivered pursuant to clause 7.

(c) Arrival in Australia means when the Goods arrive at the intended port in Australia, and if the Goods are sent in multiple shipments or multiple containers, this is the earliest date on which any of the shipments or containers containing the Goods, or part thereof, arrives at the intended port in Australia.

(c) Balance Payment means the remaining amount of the Price to be paid by you after the Deposit.

(d) Build Complete means the date on which the manufacture of the Goods is complete.

(e) Business Day means a day on which banks are open for business in Brisbane, Queensland.

(f) Deposit means the initial payment made by you as specified in item 5 of Schedule 1 that is payable pursuant to clause 4.

(g) Delivery Address means the address specified in item 10 of Schedule 1 where the Goods are to be delivered pursuant to clause 7.

(h) Expandify means Expander Dwelling Pty Ltd ACN 667 180 326 trading under the registered business name, 'Expandify'.

(i) Goods means the items set out in item 7 of Schedule 1.

(j) Handover Pack includes any warranty materials, instructions, care directions, installation instructions or other materials provided with the Goods.

(k) Insolvency Event means the occurrence of any one or more of the following events in relation to either party:

i. an application made to a Court for an order that it be wound up, declared bankrupt or that a provisional liquidator or receiver or receiver and manager be appointed, unless the application is withdrawn, struck out or dismissed within 7 days of it being made;

ii. the appointment of a liquidator or provisional liquidator;

iii. the appointment of an administrator or a controller to any of its assets;

iv. that party or its holding company enters into an arrangement or composition with one or more of its creditors, or enters into an assignment for the benefit of one or more of its creditors;

v. that party proposes a reorganisation, moratorium, deed of company arrangement or other administration involving one or more of its creditors, or its winding up or dissolution;

vi. that party is insolvent as disclosed in its accounts or otherwise states that it is insolvent, or is presumed to be insolvent, under an applicable law

vii. that party is taken to have failed to comply with a valid statutory demand as issued pursuant to the Corporations Act;

viii. a deregistration notice is issued under section 601AA or 601AB of the Corporations Act;

ix. that party ceases to carry on business or threatens to do so; or

x. anything occurs under the law of any jurisdiction which has a substantially similar effect to any of the above mentioned.

Page 6: Definitions, interpretation, agreement and deposit

(l) Parties means the Seller and the Purchaser collectively.

(m) Purchase Price means the purchase price for the Goods specified in item 4 of Schedule 1.

(n) Purchaser means the party identified at item 2 of Schedule 1.

2. Interpretation In this Agreement, the following interpretation rules apply unless the contrary intention appears:

(a) A reference to singular includes the plural and vice versa.

(b) A reference to a person includes a natural person, partnership, corporation, association, governmental or local authority or agency or other entity.

(c) A reference to a party includes that party's executors, administrators, successors and permitted assigns and substitutes.

(d) A reference to a statute, regulation, or other law includes regulations and other instruments under it and consolidations, amendments, re-enactments or replacements of any of them.

(e) The word "including" (and any grammatical variations of it) is to be read as if followed by the words "without limitation".

(f) A reference to an agreement or document (including a reference to this Agreement) is to the agreement or document as amended, varied, supplemented, novated or replaced, except to the extent prohibited by this Agreement or that other agreement or document.

(g) A reference to a clause, schedule or annexure is to a clause, schedule or annexure of this Agreement, and a reference to this Agreement includes any schedules and annexures.

(h) A reference to a document includes all amendments or supplements to, or replacements or novations of, that document.

(i) A reference to currency is to Australian currency.

(j) If any time period specified in this Agreement ends on a day which is not a Business Day, it shall be deemed to end on the next Business Day.

(k) No provision of this Agreement will be interpreted against a party merely because that party or its legal representative drafted the provision.

(l) If there is any inconsistency between the body of this Agreement and any schedule or annexure, the body of this Agreement prevails to the extent of the inconsistency.

(n) The schedules and annexures form part of this Agreement and have the same force and effect as if expressly set out in the body of this Agreement.

(o) Where Schedule 1 contains any Special Conditions that amend any of these Terms of Sale, the Special Conditions will replace the Terms of Sale to the extent of any inconsistency.

2. Agreement to buy and sell

2.1 The Parties agree to be bound by the terms of this Sales Agreement from the Agreement Start Date.

2.2 We agree to sell the Goods to you, and you agree to purchase the Goods from us, on the terms and conditions set out in this Agreement.

2.3 By accepting the terms in this Agreement, you acknowledge and agree that you have had sufficient chance to read and understand these Terms and you agree to be bound.

2.4 No conditions of purchase in any communications between the parties will become part of this Agreement unless made pursuant to the variation clause in this Agreement.

2.5 You acknowledge that we provide the Goods only, we do not provide, and are not responsible for nor contracted to construct, assemble, or otherwise instal the Goods.

3. Deposit

3.1 You agree to pay the Deposit within 5 Business Days of executing this Agreement.

3.2 The Deposit is non-refundable and must be made via electronic funds transfer to our nominated bank account.

3.3 We agree to apply the Deposit towards the Purchase Price.

3.4 If you fail to pay the Deposit within 5 Business Days from the execution of this Agreement, we may, at our sole discretion, terminate this Agreement by providing written notice to you.

3.5 In the event of termination due to non-payment of the Deposit, the Agreement is treated as ab initio, that is, as if it had never existed.

4. Cooling Off Period

Page 7: Cooling off, balance payments and price variations

4.1 Either party may:

(a) terminate this Agreement; or

(b) request a change or amendment to the Goods ("Change Request"); within seven (7) days from the date of execution of this Agreement (the "Cooling-Off Period") by providing written notice to the other party.

4.2 In the event of termination during the Cooling-Off Period:

(a) we agree to refund the Deposit to you, less any reasonable costs incurred by us up to the date of termination. Such costs may include, but are not limited to, administrative expenses, any costs associated with the preparation or partial fulfillment of the Agreement, and any other direct costs reasonably incurred in connection with this Agreement.

(b) Upon termination of this Agreement during the Cooling-Off Period, neither party shall have any further obligations or liabilities to the other, except for the refund of the Deposit as specified and any accrued obligations or liabilities up to the date of termination.

4.3 In the event that you request a change or amendment to the Goods:

(a) we may, at our sole discretion, approve or deny any Change Request, or terminate the Agreement.

(b) Any approval by us of your Change Request must be in writing.

(c) Any approved Change Request shall be deemed an amendment to this Agreement and Schedule 1, and all references to the specifications of the Goods in this Agreement shall be construed to include the approved changes.

(d) If the approved changes result in an increase or decrease in the Purchase Price, such adjustment shall be reflected in a revised Schedule or addendum to this Agreement to be agreed upon in writing by both parties.

5. Balance Payments & Third party payments

1. You agree to pay the Balance Payments as set out in Item 6 of the Reference Schedule.

2. Our written notice to you that a Balance Payment event has occurred is sufficient evidence that a Balance Payment event has occurred.

5.3 All payments must be made via electronic funds transfer to our nominated bank account and must paid within seven (7) days of us issuing you with an invoice, or otherwise notifying you that a Balance Payment is due.

5.4 You agree to pay all amounts due under this Agreement in full without any deduction or withholding except as required by law and you are not entitled to assert any credit, set-off or counterclaim against the other in order to justify withholding payment of any such amount in whole or in part.

5.5 If your invoice is not paid within our payment terms:

(a) we may charge interest on the outstanding amount at the rate of 12% per annum, compounded daily from the day after the due date until full payment and interest are received by us;

(b) we reserve our right to engage a third-party to recover or assist in recovering the outstanding amount (whether that is a collection agency, lawyer, or other service), and you agree to indemnify us for all costs incurred by us in recovering the amount owed by you, which will be added to the original amount owing.

5.6 As a matter of administrative convenience, we may issue you with an invoice on behalf of third parties contracted by us on your behalf.

6. Price variations

6.1 You acknowledge that the Goods or components of the Goods may be imported and subject to exchange rate fluctuations and/or changes in the price of materials forming the Goods.

6.2 In the event that:

(a) the exchange rate between the Australian Dollar (AUD) and the relevant foreign currency (USD or CNY) as specified in Schedule 1; or

(b) the price of any materials forming the Goods increases by more than 10% from the rate applicable at the date of this Agreement to the rate applicable at the time of payment for the imported Goods listed at item 7 of Schedule 1, we may increase or decrease the Purchase Price to reflect the increased or decreased cost attributable to the fluctuation or change.

6.3 In the event of a fluctuation or change in exchange rate or materials cost, we agree to provide you with written notice

Page 8: Price variations, delivery, risk, title and GST

specifying the amount of the increase in cost, and the resulting adjustment to the Purchase Price. You agree to pay the increased amount as part of the Balance Payment.

7. Delivery

7.1 We agree to arrange for delivery and unloading of the Goods to the Delivery Address at item 10 of the Schedule.

7.2 Any change to the Delivery Address following execution of this Agreement must be communicated to us in writing at least 10 Business Days before the Anticipated Delivery Date. You agree to pay for any additional costs arising from a change to the Delivery Address.

7.3 The Anticipated Delivery Date specified at Item 9 of Schedule 1 is an estimate only and may be subject to delay. We will use reasonable endeavours to deliver the Goods by the Anticipated Delivery Date but are not liable to you or any third-parties in the event that the actual delivery day is different from the Anticipated Delivery Date.

7.4 In the event that we anticipate the actual delivery date to be different to the Anticipated Delivery Date, or if we form the view that we have a different and more accurate Anticipated Delivery Date, we will inform you as soon as practicable of any such changes.

7.5 You must ensure that the Delivery Address is accessible for the delivery of the Goods. In the event that we, or our representatives, are unable to make delivery, you agree to cover our costs incurred in respect of storage and any further attempts to transfer the Goods to the Delivery Address.

7.6 You have seven (7) Business Days from the date of actual delivery to inspect the Goods and to advise us of any damage, discrepancy, or any other adverse or defective issue ("Issues") with the Goods ("Inspection Period"). In the event that you do not notify us within the Inspection Period, the Goods shall be deemed accepted by you as acceptable.

7.7 If you do advise us of any Issues within the Inspection Period, and if we agree with your opinion of the Issues identified, we agree, at our discretion, to repair or replace the Goods the subject of the Issues.

7.8 Our liability for any Issues with the Goods is limited to the repair or replacement of the Goods.

7.9 Notwithstanding any other provision in this Agreement If we fail to deliver the Goods within twelve (12) months from the original Anticipated Delivery Date, you have the right to terminate this Agreement by notice in writing to us ("Delay Termination").

7.10 In the event of a Delay Termination, we agree to refund to you all payments made by you under this Agreement, including the Deposit and any Balance Payments, within ten (10) Business Days from the date of receipt of the Delay Termination notice.

7.11 In the event of a Delay Termination, neither party shall have any further obligations or liabilities to the other under this Agreement, except for any obligations or liabilities that have accrued prior to the date of termination.

7.12 In the event that you fail to accept delivery of the Goods on the actual delivery date (whether that is the Anticipated Delivery Date or another date) you agree to be liable for any additional costs incurred by us, including storage, additional transport and handling fees.

7.13 In the event that we are unable to arrange delivery within three (3) months from the actual delivery date (whether that is the Anticipated Delivery Date or another date), we may terminate this Agreement and retain the Goods.

7.14 We may make partial deliveries of the Goods, that is, deliver part or a portion of the Goods on different dates.

8. Risk and Title

8.1 Risk in the Goods shall pass to you upon delivery of the Goods to the Delivery Address.

8.2 Title to the Goods shall pass to you upon full payment of the Price.

8.3 Until title passes:

(a) you hold the Goods as fiduciary on our behalf;

(b) we retain a security interest in the Goods and their proceeds, enforceable under the Personal Property Securities Act 2009 (Cth);

(c) we may register our security interest on the Personal Property Securities Register;

(d) if you do not make payment in full as specified in this Agreement, you explicitly permit us to enter the Delivery Address or other location where the Goods are located for the purpose of retaking possession of the Goods, without liability.

9. GST

9.1 Unless otherwise expressly stated, all amounts payable or consideration to be provided under this Agreement are inclusive of GST.

9.2 If any supply made under or in connection with this Agreement is subject to GST, the recipient of the supply must pay to the supplier an amount equal to the GST payable on the supply, in addition to and at the same time as the consideration for the supply is payable.

Page 9: GST, advertising, dispute resolution and termination

9.3 We agree to issue a tax invoice to you on or before the time the consideration for the supply is payable.

9.4 If a party is required under this Agreement to reimburse or indemnify another party for a cost or expense, the amount to be reimbursed or indemnified shall be the amount of the cost or expense less any input tax credits to which the party being reimbursed or indemnified is entitled in respect of the cost or expense.

9.5 If an adjustment event occurs in relation to a taxable supply under this Agreement, the supplier must issue an adjustment note to the recipient and any payment necessary to reflect the adjustment must be made.

9.6 In this clause, the terms "GST", "supply, "tax invoice", "adjustment event", and "adjustment note" have the meanings given to them in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

10. Advertising material and performance

10.1 Any descriptions, illustrations and performances contained in catalogues, price lists and other advertising matter are guide only do not form part of these Terms, and it is your responsibility to ensure that all goods are appropriate for your use and intended purpose.

10.2 Any performance figures we may give are estimates only. We are under no liability for damages for failure of the Goods to attain such figures unless specifically guaranteed in writing. Any such written guarantees are subject to the recognised tolerances applicable to such figures.

10.3 Any typographical, clerical or other accidental errors or omissions in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by us shall be subject to correction without any liability on our part.

11. Dispute Resolution

11.1 If a dispute arises in respect of, or in connection with the Goods or this Agreement, before any proceeding can be commenced in a Tribunal or Court, the party claiming that a dispute has arisen must give the other party written notice setting out the dispute and allow 14 days' notice for the other party to respond.

11.2 If after 14 days' the dispute is not resolved between the parties or their authorised representatives, then it must be referred to mediation and the costs of the mediation shall be paid by the parties equally. If the parties cannot mutually agree on a mediator within 7 days, then the parties must ask that the President of the Law Society of Queensland to appoint a mediator.

11.3 If either party refuses to engage in mediation or the parties cannot mutually resolve the dispute at mediation or within 10 Business Days from the date of mediation, then either party may commence proceedings in a Tribunal or Court of competent jurisdiction in the Jurisdiction specified in this Agreement.

11.4 Nothing in this clause will prevent either party from seeking urgent interlocutory relief.

12. Termination

12.1 We may terminate this Agreement by written notice to you effective immediately if you are in breach of any of your payment obligations and fail to remedy the breach within five (5) Business Days after written notice to do so, or such longer period as agreed in writing between you and us.

12.2 Without limiting any other right of termination at law or otherwise, either party may terminate this Agreement immediately by giving written notice if:

(a) one party (Breaching Party) breaches a provision of this Agreement and does not cure that breach within 30 days of the date on which the other party (Non-Breaching Party) provides the Breaching Party with a written notice identifying the breach and requesting that it be cured;

(b) The Breaching Party breaches a provision of this Agreement and the breach cannot, in the Non-Breaching Party's reasonable opinion, be cured;

(c) either party is exercising an express right to terminate accrued elsewhere under this Agreement; or

(d) either party is subject to an Insolvency Event.

12.3 Termination, completion or expiry of this Agreement for any reason does not extinguish or otherwise affect any rights of either party against the other which accrued prior to termination or out of the events causing such termination including damages or other remedies to which a party may be entitled.

12.4 Where we terminate this Agreement for breach by you, except where payment in full has been received by us, we, may:

(a) terminate this Agreement,

(b) sue for damages,

(c) refuse to deliver Goods,

Page 10: Termination, warranties and rights pending payment

(d) repossess and re-sell any Goods delivered to you, the payment for which has not been received, or

(e) retain (where applicable) any money paid by you.

12.5 Upon termination, we may retain any payments made by you to be set-off against any costs and loss incurred on the re-sale of the Goods.

12.6 In the event of termination due to your payment default, we have the right to sell the Goods to another party without any further obligation to you.

12.7 We agree to use reasonable efforts to mitigate any losses resulting from the termination and subsequent re-sale of the Goods.

12.8 If the Agreement is terminated, the you must return any Goods already delivered and not yet paid for in full to us at your expense, in the condition they were received.

13. Warranties

13.1 We warrant that the Goods will conform to any specifications set out in accepted build proposal. This includes compliance with any detailed plans, materials, and construction standards referenced in accepted build proposal, subject to the limitation of liability clause in this Agreement.

13.2 We warrant that the structural components of the Goods (the "Structural Components") will be free from defects in materials and workmanship and free from defects arising from non-compliance with the National Construction Code or other relevant building standards for a period of seven (7) years from the date of delivery to you (the "Warranty Period"), provided the Goods are installed and maintained according to the instructions provided in the Handover Pack and subject to the terms and conditions in this Agreement.

13.3 We warrant that all non-structural components of the Goods (the "Non-Structural Components") will be free from defects in materials and workmanship and free from defects arising from non-compliance with the National Construction Code or other building standards for a period of one (1) year from the date of delivery to you (the "Non-Structural Warranty Period"), provided the Goods are installed and maintained according to the instructions provided in the Handover Pack and subject to the terms and conditions set out in this Agreement.

13.4 The warranties in this Agreement apply to defects in materials and workmanship and ensures that the Goods will perform as described in the specifications during the warranty period.

13.5 The warranties in this Agreement do not cover defects or damages resulting from:

(a) Improper installation not conducted by or approved by us.

(b) Misuse, neglect, or abuse of the Goods.

(c) Normal wear and tear.

(d) Modifications or repairs made by you or third parties without our prior written consent.

(e) External factors such as accidents, natural disasters, or other events beyond our control.

13.6 In the event of a valid warranty claim that is accepted by us, we agree to, at our sole discretion, repair or replace the defective Goods or any part thereof or pay you compensation for the cost of repair or replacement. The choice of remedy will be determined by us based on the nature of the defect.

13.7 You must notify us in writing of any warranty claim before the end of the warranty period and as soon as possible from discovering the defect. The notice must include a detailed description of the defect and any relevant supporting photographs, documentation or other supporting evidence.

13.8 Upon receiving a warranty claim, we may require you to provide access to the Goods for inspection. You agree to cooperate with such inspection and provide any necessary assistance.

13.9 The remedies provided in this warranty clause are your exclusive remedies for any breach of warranty.

13.10 We shall not be liable for any indirect, incidental, consequential, or special damages, including but not limited to loss of profits, revenue, or use, arising out of or relating to this warranty or the use of the Goods.

13.11 You agree to indemnify us against any expenses incurred by us in enforcing their rights under the Agreement, such as the costs of taking possession and selling the goods, recovering outstanding fees, whether by way of debt collector or lawyer, appointing a receiver, or enforcing a charge over your assets.

14. Our rights pending payment

14.1 Until the full Price is paid, you agree that we retain title to the Goods.

14.2 Unless and until the Purchase Price is paid in full, you agree to charge all of your real and personal present and after-acquired property in our favour.

14.3 You consent to us lodging a caveat over the Delivery Address and any other real property owned by you to protect our interest under this Agreement until the Purchaser Price has been paid in full and you have performed all other obligations under

Page 11: Rights pending payment and limitation of liability

this Agreement and you agree not to take any action to delay, remove, or challenge any such caveat while any amount remains owing or any obligation under this Agreement remains unfulfilled.

14.4 You agree to be liable for all reasonable costs and expenses on an indemnity basis incurred by us in enforcing our rights under this clause, including but not limited to legal costs, agent's fees, and costs associated with the registration and maintenance of the security interest.

14.5 Our security interest shall have priority over any other security interests or encumbrances affecting the Goods, except to the extent that any such interest is a prior registered security interest or otherwise has priority by operation of law.

15. Limitation of liability

15.1 Our liability for a breach of a condition or warranty implied is limited to, any one or more of:

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

(b) the repair of the Goods;

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

(d) the payment of the cost of having the Goods repaired;

(e) and in any event must not exceed the price paid by you for the Goods.

15.2 You agree to indemnify us against any loss, claim, demand, liability, damage or expense incurred by you or any third party arising out of or in connection with:

(a) any misuse of the Goods;

(b) any handling, storage or transport of the Goods;

(c) any act, omission or negligence by you in respect of the Goods;

(d) any breach by you of these Terms or the manufacturers conditions of use;

(e) any representation by us as to how the Goods may be used; and

(f) any death or injury to any person due, either in whole or in part, to your act, omission or negligence.

15.3 You agree that we will not be liable to you for:

(a) loss or damage if the Goods are not fit for your intended purpose;

(b) loss or damage to the Goods arising out of the act, omission or negligence of the you or your agent or representative;

(c) loss or damage due to your misuse or mis-storage of the Goods; or

(d) loss or damage due to your negligent handling of the Goods;

(e) physical or financial injury, loss or damage or for special, indirect or consequential loss or damage of any kind arising out of the supply or your operation of the Goods, including without limitation, loss of profits and damage suffered as a result of claims by any third party.

15.4 Except as provided in this Agreement, all express and implied warranties, guarantees and conditions under statute or general law as to merchantability, description, quality, suitability or fitness of the Goods for any purpose or as to design, assembly, installation, materials or workmanship or otherwise are expressly excluded to the extent permitted by law.

15.5 We shall not be liable to you for any loss or damage directly or indirectly arising out of or in connection with any delay in delivery of the Goods or failure to perform any terms of this Agreement where such delay or failure is caused directly or indirectly by an act of God, inclement weather, failure or shortage of power supplies, shortages of goods or services, flood, drought, lightning, fire, strike, lock-out, trade dispute or labour disturbance, war, terrorism, quarantine, pandemic, epidemic, any act or omission of Government, or other competent authority, production, or supply or non-supply of services by third parties.

15.6 You acknowledge and agree that minor deviations or variations in the Goods, including but not limited to dimensions, colours, textures, finishes, and other specifications, may occur; and which may also occur as a result of our Goods being improved or updated. Such minor deviations or variations shall not constitute a breach of this Agreement, provided they do not materially affect the functionality or performance of the Goods as specified in accepted build proposal.

15.7 You acknowledge that the Goods are manufactured to Australian standards and subject to standard manufacturing tolerances of the country of manufacture. Deviations within these tolerances shall be deemed acceptable and in compliance with this Agreement, and will not give rise to a breach of this Agreement.

15.8 We may notify you in writing of any anticipated deviations or variations that may occur during the manufacturing or delivery process. You agree to accept such deviations or variations, provided they fall within the permissible limits set out in this clause.

15.9 Any advice, recommendations, information, assistance or service given by us in relation to Goods (save for the Description of Goods which we guarantee subject to the provision in this cause) is given in good faith and is believed to be accurate, appropriate and reliable at the time it is given. It is provided without any warranty or accuracy, appropriateness or reliability. We do not accept any liability or responsibility for any loss suffered as a result of your reliance on such advice, recommendation, information, assistance or service.

Page 12: Liability, agency, assignment and general terms

15.10 To the fullest extent permitted by law, we are not liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the provision of or failure to provide the Goods or any related services, or otherwise arising out of the provision of the Goods, whether based on terms of trade, negligence, strict liability or otherwise, even if we have been advised of the possibility of damages.

15.11 You agree that we are not liable for any issues, delays, costs, unforeseen matters or works in ensuring that the location of installation of the Goods is fit to accommodate the Goods, including but not limited to underground works, rocks, soil type, unknown or unseen utilities or infrastructure that result in damage or time delays.

15.12 To the extent we remain liable, such liability is limited to the physical Goods and we have no liability in respect of the construction or installation of the Goods.

16. Agency and Assignment

16.1 We may at any time appoint or engage an agent to perform any or all of our obligations under this Agreement.

16.2 We have the right to assign and transfer to any person all or any of our title, estate, interest, benefit, rights, duties and obligations arising in, under or from this agreement provided that the assignee agrees to assume any duties and obligations we owe to you under this Agreement.

16.3 You must not assign, or purport to assign, any of your obligations or rights under this Agreement without our prior written consent.

17. General

17.1 This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements and understandings.

17.2 Any variation of this Agreement must be in writing and signed by both parties.

17.3 This Agreement shall be governed by and construed in accordance with the laws of Queensland. Any disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts located in Queensland.

17.4 If any part of a clause or clauses in this Agreement is found to be unlawful, invalid or otherwise unenforceable by a Court of competent jurisdiction, that / those provisions shall be deemed severed from the remainder of this Agreement which will remain valid and enforceable

17.5 No party may rely on the words or conduct of any other party as being a waiver of any right, power or remedy arising under or in connection with this Agreement unless the other party or parties expressly grant a waiver of the right, power or remedy. Any waiver must be in writing, signed by the party granting the waiver and is only effective to the extent set out in that waiver.

17.6 A notice or other communication including, but not limited to, a request, demand, consent or approval to be made or given to or by a party to this agreement:

(a) must be in writing unless expressly specified otherwise;

(b) must be signed by an authorised officer of the party giving or making it, or (on its behalf) by any solicitor, director, secretary or authorised agent of that party;

(c) must be delivered by hand (including courier delivery); or posted by prepaid post; or sent by email, to the address, or email address (as the case may be) of the addressee set out in the Proposal, or as otherwise notified by that party to the other parties from time to time;

(d) is deemed to be duly given or made;

i. if delivered by hand, on delivery;

ii. if by prepaid posted letter, on the third (or fifth, if posted to or from a place outside Australia) Business Day after posting;

iii. if by email, on sending (unless the sender's computer reports that the message has not been delivered), but, if notice is received on a day other than a Business Day or later than 5.00 pm (local time) in the place of receipt, it will be deemed to have been delivered at 9.00 am on the next succeeding Business Day in that place

Approval Deadline: Jul 17, 2025

Page 13: Electronic approval record

I confirm that my action here represents my electronic signature and is binding.

Required clients Kay Power Jul 11, 2025, 5:05 PM Approved

[redacted in published copy]

No reason for action provided