1.    THESE TERMS TO APPLY
(a)    The Customer warrants and covenants to Western Stainless Solutions that the information in the Application for Trading Account is true and correct and complete in every particular and by its execution of these Terms accepts and agrees to the Terms.
(b)    In consideration of Western Stainless Solutions opening a trading account for the Customer (“account” or “accounts”) and supplying goods and credit facilities to the Customer, the Customer covenants and agrees with Western Stainless Solutions to be bound by these Terms.
(c)    The Terms shall apply to every order and sale of goods by Western Stainless Solutions to the Customer. Each order for goods made by the Customer and accepted by Western Stainless Solutions will be an individual contract for the sale of those goods subject always to any additional terms and conditions contained in any other relevant agreement or agreements between Western Stainless Solutions and the Customer.  If any of the provisions of such agreements are inconsistent with these Terms, then these Terms shall prevail.
(d)    Any variation to any provision of these Terms by the Customer will only be effective if it is in writing and accepted by Western Stainless Solutions.
(e)    Western Stainless Solutions reserves the right to vary these Terms from time to time. Western Stainless Solutions will give notice to the Customer of any variation.
(f)    Where two or more persons constitute the Customer, their liability shall be joint and several.

2.    DEFINITIONS
In this application:
(a)    “agreement” means this application.
(b)    “application” means this Application for Commercial Credit which comprises the Application for Commercial Credit, these Terms, the Privacy Statement and Deed of Guarantee and Indemnity (if applicable).
(c)    “Customer” means the person or entity making the application to and/or buying the goods from Western Stainless Solutions.
(d)    “goods” means and includes all services and goods of every kind including (but without limiting the generality of the foregoing) products, equipment, fixtures, repairs, maintenance, consultancy services, planning services, merchandise, supplied or delivered to the Customer by Western Stainless Solutions, Western Stainless Solutions’ manufacturers or suppliers, or any of them.
(e)    “Guarantors” means any person or persons identified as such in the Deed of Guarantee and Indemnity forming part of the application.
(f)    “manufactured items” means items manufactured by Western Stainless Solutions or their employees, agents or contractors.
(g)    “Order” means the order for goods the subject of the Quote or where there is no Quote, the order for goods placed by the Customer and accepted by Western Stainless Solutions.
(h)    “Payment Plan” means a plan for the payment of the purchase price accepted by Western Stainless Solutions and the Customer.
(i)    “purchase price” means the price stated in the Quote or any delivery docket, invoice or statement rendered by Western Stainless Solutions to the Customer in respect of goods supplied or delivered to the Customer by Western Stainless Solutions, Western Stainless Solutions’ manufacturers or suppliers or any of them or if no price is stated therein, Western Stainless Solutions’ normal selling price will be applicable to the goods as notified by Western Stainless Solutions to the Customer from time to time. The purchase price is subject to change (+ or -) if the Order is varied in any manner by the Customer and/ or as a result of required parts or components being unavailable.  
(j)    “Quote” means any quote issued by Western Stainless Solutions for the provision of the goods to the Customer.
(k)    “Terms” means the terms and conditions set out herein.
(l)    “Western Stainless Solutions” means the business known as Western Stainless Solutions (ABN 67 113 083 766), its registered proprietors, and their successors, transferees and assigns.

3.    DEPOSIT
Unless otherwise stated by Western Stainless Solutions in writing, A DEPOSIT OF THIRTY PERCENT (30%) of the purchase price will be paid to Western Stainless Solutions by the Customer upon acceptance of the Quote.

4.    PAYMENT
(a)    The Customer shall pay in full the purchase price of goods delivered or supplied at the time of such purchase or delivery unless and until Western Stainless has approved this application in writing, in which case only, subclause 4(b) shall apply.
(b)    Not later than the earlier of:-
(i)    thirty (30) days from the end of the month in which the Customer receives an invoice from Western Stainless Solutions; or
(ii)    the time stated for payment in any Quote, Payment Plan, delivery docket, invoice or statement issued by Western Stainless Solutions to the Customer, (“the due date”),
the Customer shall pay to Western Stainless Solutions:
A.    the purchase price of goods delivered or supplied to the Customer;
B.    rent at the rate stated in the Quote for each day after the scheduled date for delivery of any goods in which Western Stainless shall, at the Customer’s request, store those goods on any premises that Western Stainless Solutions has a legal right to occupy.

(c)    Western Stainless Solutions may withhold supplies of goods if an account is overdue or unpaid whether in whole or in part. If the Customer fails to pay any monies payable to Western Stainless Solutions by the due date, then all monies owing by the Customer to Western Stainless Solutions (under the order the subject of the Quote or any other orders placed by the Customer) shall immediately become due and payable notwithstanding that the due date for those other monies may have not yet elapsed.
(d)    The Customer shall not withhold payment of the purchase price or any other monies owing to Western Stainless Solutions on the grounds of any counterclaim, deduction or set-off.
(e)    A notice signed in good faith by an officer of Western Stainless Solutions stating the amount payable to Western Stainless Solutions by the Customer at a particular date shall be conclusive evidence of the amount of the debt owing by the Customer to Western Stainless Solutions as stated therein.

5.    INTEREST
(a)    If the Customer fails to pay Western Stainless Solutions the purchase price or any part of it on the due date (as set out in clause 4(a)) then the Customer shall pay interest on that money or on so much of it as shall remain unpaid from and including the due date or dates until the monies are paid in full.
(b)    Such interest is to accrue from day to day.
(c)    For the purpose of this clause “interest” means the then current rate per annum charged by Western Stainless Solutions’ principal trading bank on overdraft loans of less than $100,000 plus two percent (2%).

6.    RECOVERY OF COSTS
(a)    The Customer shall indemnify Western Stainless Solutions against and reimburse Western Stainless Solutions for  debt collection agency costs and commissions, legal expenses on a solicitor/client basis and other expenses and costs incurred by Western Stainless Solutions (including but not limited to the cost incurred as a result of cheques being dishonoured) in respect of the maintenance of the trading account, any recovery or attempted recovery of either the purchase price (whether in whole or part) or possession of the goods or by reason of Western Stainless Solutions requiring any further security to be provided.
(b)    The aggregate from time to time of amounts payable in accordance with clause 6(a) will constitute a debt due and payable without demand from the date on which Western Stainless Solutions incurs liability for the cost, expense or fee.
(c)    Interest will accrue on the amount payable at the rate specified in clause 5(c) from and including the date on which it becomes payable until the monies are paid in full.

7.    ACCEPTANCE OR REJECTION OF ORDER
(a)    Western Stainless Solutions reserves the right to accept any order for the supply of goods in whole or in part, or to decline any order without giving a reason.
(b)    If the Customer does not pay any amount on the due date, Western Stainless Solutions may withhold the delivery of the order or of any other order placed by the Customer with Western Stainless Solutions until payment is made in full (together with any interest and costs) or Western Stainless Solutions may cancel any order by the Customer for the supply of goods where delivery has not yet been made.

8.    CANCELLATION OF ORDER BY CUSTOMER
(a)    Subject to this clause 8, a re-stocking fee of fifteen percent (15%) of the purchase price is payable by the Customer for all cancelled Orders.
(b)    When, for manufactured items, either:
(i)    an Order has been placed with Western Stainless Solutions (as evidenced by the acceptance of the Quote); or
(ii)    design drawings have been signed off on by the Customer,
then:
A.    the Customer may not cancel an Order for those manufactured items; and
B.    any amendment or variation of the Order must be agreed in writing, including as to the particulars of the amendment and any variation to the purchase price on account of the amendment.
(c)    If the Customer proceeds to cancel an Order for manufactured items in contravention of clause 8(b), the deposit will be forfeited, and the Customer will remain liable to Western Stainless Solutions for the balance of the purchase price owing as stated in the Quote.  Western Stainless Solutions may sell the goods the subject of the cancelled Order and retain all proceeds without being liable to account to the Customer with respect to same.
(d)    For the purposes of this clause, the Customer will be deemed to have cancelled an Order if the Customer has failed to collect or receive delivery of the goods within 30 days of being advised by Western Stainless Solutions that the goods are ready for collection / delivery.

9.    CANCELLATION OR SUSPENSION OF TRADING ACCOUNT
Western Stainless Solutions may at any time and from time to time without reason close the trading account or refuse to extend any further credit to the Customer. Western Stainless Solutions’ approval of any trading account application made by the Customer shall not oblige Western Stainless Solutions to extend to the Customer credit at all or in any particular amount.

10.    DELIVERY
(a)    The goods will be delivered at the time requested by the Customer in a purchase order/Quote, unless Western Stainless Solutions advises the Customer that the goods cannot be delivered at that time. All backorders will be delivered to the Customer as soon as reasonably practicable.
(b)    Western Stainless Solutions shall not be liable for late delivery or non-delivery of goods and under no circumstance shall Western Stainless Solutions be liable for any loss, damage or delay occasioned to the Customer or its customers arising from late or non-delivery of goods.
(c)    Notwithstanding anything provided to the contrary, Western Stainless Solutions is not responsible for any loss or damage to goods in transit or during delivery caused by any event of any kind by any person (including persons for whom Western Stainless Solutions is legally responsible).
(d)    The Customer shall pay all freight and delivery charges (and any costs of special packing) in respect of the goods. If any charges are paid by Western Stainless Solutions, then the Customer will reimburse Western Stainless Solutions on demand the full amount of those charges and interest will accrue at the rate specified in clause 5(c) from and including the date on which the monies are demanded until the monies are paid in full.

11.    ACCEPTANCE OF GOODS
The Customer is deemed to have accepted the goods on delivery or collection by the Customer or by any person acting on behalf of the Customer.

12.    RETURN OF GOODS
Western Stainless Solutions shall not be under any obligation to accept goods returned by the Customer and will do so only on terms to be agreed in writing in each individual case.

13.    SUITABILITY AND USE OF GOODS
(a)    The Customer is responsible for satisfying itself as to whether the goods meet the Customer’s requirements and are suitable for the purposes of the Customer.
(b)    The Customer acknowledges that Western Stainless Solutions does not make any representations or warranties regarding the goods or any matter that is or might be relevant to the Customer buying or selling the goods other than the representations or warranties expressed in this agreement.
(c)    The Customer must ensure that the goods are used in accordance with any specifications or instructions supplied with the goods and that the goods are installed in a prudent and professional manner. The Customer agrees to indemnify Western Stainless Solutions from all claims arising from the Customer’s negligence or the Customer’s wilful act or failure to comply with the Terms.

14.    WARRANTIES AND CLAIMS
(a)    Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
(b)    Western Stainless Solutions warrants that all defects or faults in the manufactured items shall be dealt with under clause 15 for a period of twelve (12) months from the date of delivery, subject to all of the following conditions:
(i)    there is no express agreement to the contrary;
(ii)    the Australian Consumer Law does not require otherwise;
(iii)    the Customer has paid all monies due and owing to Western Stainless Solutions;
(iv)    this warranty does not apply to any damage or fault as a result of misuse of the manufactured items or from an abuse or misuse of electrical supply fluctuations;
(v)    this warranty includes the costs of parts and labour, and travel costs up to 100km from a recognised service agent (agent to be appointed by Western Stainless Solutions in their absolute discretion from time to time). Where travel exceeds 100km from a recognised service agent, the Customer shall be liable for all travel and accommodation costs incurred by Western Stainless Solutions outside of the 100km range.
(c)    Subject to subclause 14(a), in respect to goods that are not manufactured goods, Western Stainless Solutions hereby excludes all express and implied warranties and guarantees to the extent permitted by law.
(d)    To the extent permitted by law, if the Customer wishes to make a claim in respect of a warranty or any other claim in respect of the goods (including shortage of goods or condition of goods), the Customer must give written notice of the claim to Western Stainless Solutions within two (2) days of the fault becoming evident, time being of the essence. Western Stainless Solutions is not liable for any claim if the Customer does not comply with this term.

15.    LIMITED LIABILITY
In any event, Western Stainless Solutions’ maximum liability for any and all defects or faults in the goods shall be limited to:
(a)    replacement of the goods; or
(b)    the supply of equivalent goods; or
(c)    payment in lieu of replacing the goods or acquiring equivalent goods; or
(d)    repair of the goods; or
(e)    payment in lieu of having the goods repaired.
Western Stainless Solutions shall elect which such remedy applies, in its sole and absolute discretion.

16.    EXPRESS EXCLUSIONS
Notwithstanding any other provision of these Terms:
(a)     Western Stainless Solutions accepts no responsibility for any penetration to sinks or benches by the Customer or any person acting under the direction of the Customer. Western Stainless Solutions is under no obligation to arrange in any manner for sinks or benches to be penetrated and if at the request of the Customer Western Stainless Solutions arranges any penetration to sinks or benches, further charges will apply, and Western Stainless Solutions will have no liability whatsoever for any damage to the goods resulting from the penetration howsoever caused and whether by Western Stainless Solutions or any other person.
(b)     All tap sets are to be supplied by the Customer’s plumbers and Western Stainless Solutions provides no warranty that goods are suitable for use with the tap sets.
(c)    Connection to electrical, plumbing and other services is the sole responsibility of the Customer.
(d)     Western Stainless Solutions takes all care during installation but, will not be held liable for any damage in connection with the location of water pipes and power cables.

17.    OWNERSHIP AND RISK
(a)    Risk in the goods passes to the Customer on delivery of the goods to the Customer or on receipt of the goods by the Customer or such earlier time as provided for in these Terms and the Customer agrees to indemnify Western Stainless Solutions against all claims demands suits and actions for loss or damage howsoever caused by or arising from handling, storage, transport, display or use of the goods after the same have been delivered or supplied to the Customer.
(b)    Western Stainless Solutions shall not be liable to the Customer for any loss or damage caused to or by the goods, by or to any property of the Customer that is, at the time of such loss or damage, in the custody or control of Western Stainless Solutions.
(c)    Until the Customer has paid Western Stainless Solutions in full the purchase price for all goods delivered or supplied by Western Stainless Solutions to the Customer the following shall apply:
(i)    ownership of and title to the goods shall not pass to the Customer and the Customer shall hold the goods and each of them on trust as bailee for Western Stainless Solutions;
(ii)    the Customer shall keep the goods in its control and custody and not permit any other person to have possession, custody or control of the goods;
(iii)    the Customer shall store the goods separately from other items and in a manner which clearly identifies the goods as Western Stainless Solutions’ property and permit a representative from Western Stainless Solutions to attend the Customer’s premises to inspect the goods, and if monies are unpaid, to retake possession of the goods in accordance with these Terms;
(iv)    the Customer acknowledges that if it sells any of Western Stainless Solutions’ goods, it does so as a fiduciary agent of Western Stainless Solutions and the Customer irrevocably appoints Western Stainless Solutions as the Customer’s attorney to recover any proceeds from any person to whom the Customer has on-sold the goods and to exercise the Customer’s rights under any contract between the Customer and any subsequent buyer including rights of repossession and resale of the goods, provided that such sale shall not give rise to any obligation on the part of Western Stainless Solutions;
(v)    if the Customer does not pay for any of the goods on the due date, Western Stainless Solutions is irrevocably authorised by the Customer to enter the Customer’s premises (or any other premises under the control of the Customer or as agent for the Customer if the goods are stored at such premises) and use reasonable force to retake possession of the goods without liability for trespass or any resulting damage. The Customer agrees to indemnify and save harmless Western Stainless Solutions for any claim that may arise by Western Stainless Solutions retaking possession and the Customer agrees to pay Western Stainless Solutions’ costs of retaking possession. Western Stainless Solutions shall be entitled but not obligated to resell any goods repossessed pursuant to the provisions of this subclause;
(vi)    the Customer shall not pledge or in any way charge by way of security or any indebtedness any of the goods which are the property of Western Stainless Solutions. Without prejudice to any other rights of Western Stainless Solutions if the Customer does so all sums whatever owing by the Customer to Western Stainless Solutions shall forthwith become due and payable;
(vii)    notwithstanding the provisions above Western Stainless Solutions shall be entitled to maintain an action against the Customer for the purchase price.

18.    PERSONAL PROPERTY SECURITIES ACT 2009 (“PPSA”)
(a)    The Customer hereby acknowledges that this Agreement constitutes a security agreement for the purposes of section 10 of the PPSA which creates a security interest in favour of Western Stainless Solutions in all the goods to secure the payment from time to time and at a time of all money owing by the Customer to Western Stainless Solutions, including future advances and as security for the performance from time to time of the Customer’s other obligations to Western Stainless Solutions.
(b)    The Customer acknowledges and agrees that by assenting to these Terms, the Customer grants a security interest (by virtue of the retention of title clause in these Terms) to Western Stainless Solutions that attaches to all goods supplied by Western Stainless Solutions to the Customer (or on the Customer’s account), as collateral and these Terms shall apply notwithstanding anything express or implied to the contrary contained in the Customer’s purchase order or Quote. The Customer agrees that the security interest granted to Western Stainless Solutions is a “purchase money security interest”, as that term is defined in the PPSA.
(c)    The Customer gives to Western Stainless Solutions a security interest in all the Customer’s present and after acquired property.
(d)    The Customer undertakes to:-
(i)    sign any further documents and / or provide any further information (which information the Customer warrants to be complete and accurate in all respects) which Western Stainless Solutions may reasonably require to enable registration of a financing statement or financing change statement on the Personal Property Securities Register (“PPSR”);
(ii)    not register a financing change statement or make a demand to alter the financing statement pursuant to section 178 of the PPSA in respect of the goods without the prior written consent of Western Stainless Solutions;
(iii)    give Western Stainless Solutions not less than 14 days’ prior written notice of any proposed change in the Customer’s name and/or any other changes in the Customer’s details (including but not limited to facsimile number, email address, trading name or business practice);
(iv)    pay all costs (including but not limited to legal costs on a solicitor / client basis, expenses and disbursements) incurred by Western Stainless Solutions in registering and maintaining a financing statement (including registering a financing change statement) on the PPSR and / or enforcing or attempting to enforce the security interest created by these Terms including executing subordination agreements; and
(v)    without limiting the generality of the foregoing, be responsible for the full costs incurred by Western Stainless Solutions (including legal fees and disbursements on a solicitor/ client basis) in obtaining an order pursuant to section 182 of the PPSA.
(e)    Pursuant to Section 157 of the PPSA, unless otherwise agreed in writing by Western Stainless Solutions, the Customer waives the right to receive a verification statement in respect of any financing statement or financing change statement relating to the security interest.
(f)    To the maximum extent permitted by law, the Customer waives its rights and, with Western Stainless Solutions’ agreement, contracts out of its rights, under sections 95, 121(4), 126, 130 (1)(a), 132(1), 132(3)(d), 132(4), 134(2)(a), 135(1)(a), 140(2)(f) and 143 of the PPSA.
(g)    For the purposes of section 125 of the PPSA the Customer agrees that a “reasonable period” shall not mean less than 12 months regardless of the circumstances.
(h)    The Customer agrees that immediately on request by Western Stainless Solutions the Customer will procure from any persons considered by Western Stainless Solutions to be relevant to its security position such agreement and waivers as Western Stainless Solutions may at that time require.
(i)    All terms used in clause 18 shall, unless otherwise provided, have the same meaning as given to those terms in the PPSA.

19.    FORCE MAJEURE
(a)    If by reason of any fact, circumstances, matter or thing beyond the reasonable control of Western Stainless Solutions, Western Stainless Solutions is unable to perform in whole or in part any obligation under this agreement, then Western Stainless Solutions shall be relieved of that obligation under this agreement to the extent and for the period that it is so unable to perform and shall not be liable to the Customer in respect of such inability.
(b)    Without limiting the generality of clause 19(a) Western Stainless Solutions will not be liable for any non-performance (including late delivery) of goods arising directly or indirectly from any matter which is not within Western Stainless Solutions’ control including but not limited to:
(i)    any strike, lock out or industrial action;
(ii)    loss or damage to goods or machinery;
(iii)    shortage or unavailability of components or materials;
(iv)    delays in Western Stainless Solutions’ supply;
(v)    acts of government;
(vi)    a pandemic or epidemic declared as such by the World Health Organisation; or
(vii)    changes in law.
(c)    If the inability to perform continues for more than 60 days then Western Stainless Solutions may terminate the order relating to the goods affected and will have no obligation or liability to the Customer whatsoever as a result of the termination of the order.

20.    CHANGE IN CUSTOMER
The Customer shall immediately notify Western Stainless Solutions in writing of any change of the proprietors, shareholders or directors of the Customer or any information set out in the Application for Trading Account. The Customer shall indemnify Western Stainless Solutions for any loss arising from the Customer’s failure to give, or unjustified delay in giving, such notification.

21.    FURTHER SECURITY AND CHARGE
(a)    To the extent that the Customer is entitled to do so, the Customer charges the land on which the goods or any of the goods are situated and any other land (or interest in land) owned or in the future acquired by the Customer from time to time with payment of all monies now owing or hereafter owing or to become owing by the Customer to Western Stainless Solutions and authorises Western Stainless Solutions to register an absolute caveat against such land to secure payment of all monies owing to Western Stainless Solutions by the Customer.
(b)    The Customer hereby undertakes to execute, and to procure the execution by the Guarantor(s) (if any), at its own cost (whenever called upon so to do) a proper legal form of security including but not limited to a legal mortgage to Western Stainless Solutions of any land (or interest in land) owned by the Customer or the Guarantors, a registrable charge over the Customer’s assets, a banker’s guarantee, a credit insurance policy or any other security acceptable to Western Stainless Solutions to secure all monies for the time being due or to become due to Western Stainless Solutions in relation to the supply of goods.  The said security shall be in a form and contain such powers and provisions as Western Stainless Solutions shall reasonably require.
(c)    If in the opinion of Western Stainless Solutions the security provided by the Customer pursuant to this clause 21 is diminished in value at any time or withdrawn, Western Stainless Solutions may at any time close the account or refuse to extend any further credit to the Customer.

22.    GOVERNING LAW
The supply of goods by Western Stainless Solutions shall be governed by the laws of Western Australia and Western Stainless Solutions and the Customer agree to submit to the non-exclusive jurisdiction of the Courts of Western Australia.

23.    NOTICES
Any notice or demand required to be served, given or made shall be sufficiently served on the Customer or Western Stainless Solutions if sent to the email address nominated in the application by the party receiving the notice.

24.    TRUSTEE PROVISIONS    
If the Customer is a Trustee of a Trust, then the Customer:-
(a)    represents and warrants to Western Stainless Solutions that the Customer is liable both personally and in its capacity as Trustee; and
(b)    declares that;
(i)    the Customer has power and authority as trustee of the trust to enter into this Agreement and is doing so for a proper purpose and in a way that permits Western Stainless Solutions to resort to the trust property before the claims of the beneficiaries; and
(ii)    the Customer is entitled to be indemnified fully out of the trust property for its liabilities and obligations as trustee under this agreement before the claims of the beneficiaries; and
(iii)    the Customer will not retire from the said trusteeship, or cease to act as such trustee and no new or additional trustee of the trust shall be appointed, and the Customer shall not do or suffer anything by reason of which the Customer would be disqualified from holding office as trustee; and
(iv)    the Customer is capable of binding and does so bind successors of the office of trustee to these Terms and all required resolutions and meetings have been held to authorise the Customer to do so; and
(v)    the trust shall not be determined before the vesting day provided in the trust deed and the Customer will not cause to vest or distribute prior to the final date for distribution the whole or any part of the trust property (other than income) other than in the ordinary course of business where such disposal would limit the ability of Western Stainless Solutions to recover from the Customer.
   
25.    GST
(a)     In this clause the term “GST” means any goods and services tax imposed under A New Tax System (Goods and Services Tax) Act 1999 (“the GST Act”) and its transitional and amending acts and regulations which is or may be levied or assessed or become payable in respect of any goods, services, facilities or other things supplied by Western Stainless Solutions to the Customers under the agreement.
(b)     All prices provided to the Customer for any supply are GST exclusive.
(c)     Western Stainless Solutions will provide to the Customer a GST tax invoice as required by the GST Act.

26.    PRIVACY ACT
The Customer authorises Western Stainless Solutions to obtain from credit reporting agencies and other credit providers, personal and commercial information relating to the Customer for the purpose of assessing this application for credit and collecting overdue payments. The Customer also authorises Western Stainless Solutions to give information on the Customer’s creditworthiness with Western Stainless Solutions as allowed by the Privacy Act 1988 to credit reporting agencies and other credit providers and acknowledges that if the Customer fails to make payment of any monies due to Western Stainless Solutions, Western Stainless Solutions may engage a credit agency to collect the monies due and payable.

27.    WAIVER
Failure, delay, relaxation or indulgence on Western Stainless Solutions’ part in exercising any right it has under this application does not operate as a waiver of that right. Any single exercise of Western Stainless Solutions’ rights does not preclude any other or further exercise of them.

28.    ENTIRE AGREEMENT AND SEVERANCE
Unless otherwise agreed in writing, this application is the sole and entire agreement between the Customer and Western Stainless Solutions in respect of the sale and supply of goods. Any warranty, representation or guarantee on the part of Western Stainless Solutions not included in these Terms is of no effect. If any part of this application is or becomes invalid or unenforceable, then the remaining terms are not affected and are valid and enforceable to the fullest extent permitted by law.