Hedge Terms & Conditions of Sale — Australia

Effective: August 2026.

These Terms & Conditions of Sale apply to Products supplied in Australia by HedgeGo Pty Ltd.

1. Definitions

In these Terms: Agreement means these Terms & Conditions of Sale.

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

Consumer has the meaning given under the Australian Consumer Law.

Customer means any person, company, trust or other entity purchasing Products from Hedge.

Hedge means HedgeGo Pty Ltd and, where applicable, its successors and permitted assigns.

Products means goods, materials, components, accessories or other products supplied by Hedge.

Order means an order or request by a Customer for the supply of Products.

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

Trade Customer means a Customer purchasing Products in connection with a business or under an approved Hedge trade or credit account. Nothing in these Terms excludes, restricts or modifies any right, guarantee, condition, warranty or remedy that cannot lawfully be excluded, restricted or modified, including rights available under the Australian Consumer Law.

2. Acceptance

2.1 By placing an Order, accepting a quotation, requesting supply, or accepting delivery of Products, the Customer agrees to these Terms.

2.2 These Terms apply to the extent permitted by law and prevail over terms proposed by the Customer unless Hedge agrees otherwise in writing.

2.3 Hedge may refuse or cancel an Order before supply where reasonably necessary, including because of: a pricing or product description error; Product unavailability; inability to fulfil the Order; suspected fraud or unauthorised payment; a Customer exceeding an approved credit limit; or another reasonable commercial or legal reason.

2.4 Where Hedge cancels a prepaid Order before supply, Hedge will refund amounts paid for Products not supplied, subject to applicable law.

3. Orders

3.1 Orders may be placed through the Hedge website, by email, purchase order, telephone, or another method accepted by Hedge.

3.2 An Order becomes accepted when Hedge issues an order confirmation, dispatches the Products, supplies the Products, or otherwise confirms acceptance.

3.3 Hedge may establish minimum order quantities, pack quantities or credit limits.

3.4 A Customer may request a change or cancellation before dispatch. Acceptance of a requested change or cancellation is at Hedge's reasonable discretion and may be subject to costs already reasonably incurred by Hedge.

3.5 Custom-made, specially ordered, cut-to-size, modified or otherwise customised Products may not be cancelled or returned for change of mind once manufacture, modification or procurement has commenced, except where required by law.

4. Pricing & Payment

4.1 Unless stated otherwise, prices are in Australian dollars.

4.2 Prices exclude GST, freight and other charges unless expressly stated otherwise in the applicable quotation, Order or invoice.

4.3 GST will be charged where applicable.

4.4 Payment is due at the time specified in the applicable Order, quotation or invoice. Where Hedge has approved a Trade Customer for credit terms, payment is due in accordance with those terms.

4.5 Hedge may reasonably vary or withdraw a Trade Customer's credit facility, including where payment obligations are not being met.

4.6 The Customer is responsible for charges imposed by the Customer's financial institution. Any payment surcharge imposed by Hedge will be disclosed before payment and will comply with applicable law.

Overdue Trade Accounts

4.7 Amounts overdue under an approved trade or credit account may incur interest at 3.5% per annum, calculated daily, from the due date until payment.

Application of Payments

4.8 Where a Trade Customer has multiple outstanding invoices, Hedge may reasonably apply payments received against outstanding amounts unless otherwise agreed.

Suspension of Supply

4.9 Hedge may suspend further supply to a Trade Customer where: an invoice is overdue; an approved credit limit has been exceeded; the Customer is otherwise in material default of its payment obligations; or Hedge reasonably believes there is a material risk that outstanding amounts will not be paid. Hedge will exercise this right reasonably and subject to applicable law.

Acceleration

4.10 Where a Trade Customer commits a material payment default and fails to remedy that default after any notice required by law or the applicable credit arrangement, amounts then due and payable to Hedge may become immediately payable.

Recovery Costs

4.11 To the extent permitted by law, a Trade Customer must reimburse Hedge for reasonable third-party costs actually incurred in recovering overdue amounts.

Set-Off

4.12 To the extent permitted by law, Hedge may set off amounts owed by a Trade Customer against amounts that Hedge owes to that Customer.

5. Delivery, Collection & Risk

5.1 Any delivery or availability date provided by Hedge is an estimate unless Hedge expressly agrees in writing that a particular date is guaranteed.

5.2 Hedge will use reasonable endeavours to supply Products within the agreed or indicated timeframe.

5.3 Risk in Products passes to the Customer upon delivery to the Customer or its nominated recipient, or upon collection by the Customer or its nominated carrier, subject to applicable law.

5.4 The Customer should inspect Products promptly following delivery or collection.

5.5 The Customer should notify Hedge as soon as reasonably practicable of any apparent: delivery shortage; incorrect Product; transit damage; or visible damage. Where reasonably possible, notification of an apparent delivery issue should be made within 7 days to assist Hedge in investigating the claim.

5.6 Failure to notify Hedge within 7 days does not exclude or limit any rights or remedies the Customer may have under the Australian Consumer Law or another applicable law.

5.7 Where delivery cannot be completed because of incorrect information supplied by the Customer, absence of an authorised recipient, inaccessible premises or another matter within the Customer's reasonable control, Hedge may charge reasonable re-delivery or storage costs.

6. Consumer Guarantees

6.1 Products supplied by Hedge may come with guarantees that cannot be excluded under the Australian Consumer Law. Consumer guarantees may include guarantees that Products are: of acceptable quality; fit for any disclosed purpose; consistent with their description or sample; and supplied with the rights to title and undisturbed possession required by law. The ACL applies automatically where its requirements are met, including to some business purchases.

6.2 Nothing in these Terms excludes, restricts or modifies a Consumer's rights or remedies under the Australian Consumer Law.

6.3 Where a Product fails to comply with an applicable consumer guarantee, the Customer may be entitled to a repair, replacement, refund, compensation or another remedy depending on the circumstances and whether the failure is major or minor.

7. Returns

Change of Mind

7.1 Hedge is not required to accept a return merely because a Customer changes their mind, orders an incorrect quantity, selects an incorrect Product or no longer requires the Product.

7.2 Hedge may, at its discretion, approve a change-of-mind return.

7.3 An approved change-of-mind return may be subject to: the Products being unused and in saleable condition; proof of purchase; reasonable handling or restocking costs; and return freight being paid by the Customer.

Faulty or Non-Compliant Products

7.4 The change-of-mind provisions above do not apply where the Customer is entitled to a remedy under the Australian Consumer Law or another applicable law.

7.5 Nothing in these Terms limits rights relating to Products that are faulty, defective, unsafe, incorrectly described, not fit for an applicable purpose or otherwise fail to comply with a consumer guarantee. Consumer rights cannot be removed by a "no refunds" policy or by imposing an arbitrary time limit on statutory rights.

8. Hedge 10-Year Product Warranty

8.1 In addition to any rights available under the Australian Consumer Law, eligible Hedge Products are covered by Hedge's 10-Year Product Warranty against manufacturing defects, subject to the terms and exclusions of that warranty.

8.2 The Hedge 10-Year Product Warranty is a voluntary warranty and operates in addition to, and does not replace or limit, rights and remedies available under the Australian Consumer Law. 8.3 The separate Hedge 10-Year Product Warranty sets out: Products covered; warranty period; exclusions; how to make a claim; evidence required; expenses associated with making a claim; and remedies available under the warranty.

8.4 Damage or deterioration resulting from misuse, incorrect installation, unauthorised modification, abnormal use, external impact or other circumstances specified in the Hedge 10-Year Product Warranty may be excluded from that voluntary warranty. Any such exclusion does not exclude rights that cannot lawfully be excluded under the Australian Consumer Law. A voluntary warranty is additional to consumer guarantees, and statutory rights can potentially continue beyond the stated warranty period depending on the circumstances.

9. Retention of Title & PPSA — Trade Customers

This clause applies principally to Trade Customers purchasing Products on credit or before full payment.

9.1 To the extent permitted by law, title to Products supplied on credit remains with Hedge until amounts owing in respect of those Products have been paid in full.

9.2 Until title passes, the Trade Customer must take reasonable care of unpaid Products and, where reasonably practicable, keep them identifiable as Products supplied by Hedge.

9.3 Subject to applicable law, where Hedge is entitled to repossess Products in which it retains title or a security interest, the Trade Customer must provide Hedge with reasonable access to premises under the Trade Customer's control for that purpose. Hedge must exercise any right of access or repossession lawfully and with reasonable care.

PPSA Security

9.4 A Trade Customer purchasing Products on credit grants Hedge a security interest in those Products and their proceeds to secure amounts owing to Hedge.

9.5 Hedge may register its security interest on the Personal Property Securities Register where appropriate.

9.6 The Trade Customer must provide reasonable information and assistance required for Hedge to register, maintain or enforce that security interest.

9.7 To the extent permitted by the PPSA, the parties may contract out of notices or provisions that the PPSA permits parties to exclude or modify.

10. Debt Recovery & Trade Default

10.1 If a Trade Customer fails to pay an amount when due, Hedge may, subject to applicable law: contact the Customer regarding payment; suspend further credit or supply; refer the overdue account to a debt collection agency; commence reasonable legal recovery action; or exercise rights available under any valid security interest.

10.2 The Trade Customer must reimburse Hedge for reasonable third-party debt recovery and legal costs actually incurred as a result of the Customer's payment default, to the extent permitted by law.

10.3 Nothing in this clause authorises Hedge or anyone acting on its behalf to engage in conduct prohibited by applicable consumer, privacy, debt collection or other laws.

11. Limitation of Liability

11.1 Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right, remedy or liability that cannot lawfully be excluded, restricted or modified, including under the Australian Consumer Law.

11.2 Subject to clause 11.1 and to the extent permitted by law, Hedge is not liable for indirect or consequential commercial loss arising from a supply of Products, including loss of business opportunity, loss of profit or business interruption.

11.3 Clause 11.2 does not exclude liability for loss or damage where liability cannot lawfully be excluded, including compensation to which a Consumer is entitled under the Australian Consumer Law. The ACL can entitle a consumer to compensation for reasonably foreseeable loss or damage resulting from a failure to meet a consumer guarantee, so the contract cannot simply exclude all consequential loss in those circumstances.

12. Product Information & Installation

12.1 Product specifications, dimensions, colours, finishes, images and other information provided by Hedge are intended to describe the Products as accurately as reasonably possible.

12.2 Minor variations may occur as a result of manufacturing processes, materials, finishes, screen displays or production tolerances, provided that the Product continues to comply with applicable law and the agreed Product specification.

12.3 Products must be installed and used in accordance with applicable Hedge installation instructions and for their intended purpose.

12.4 Customers are responsible for determining whether Products are suitable for a particular project except where the Customer has reasonably relied upon Hedge's skill or judgment in circumstances where applicable law provides otherwise.

13. Intellectual Property

13.1 All intellectual property owned by Hedge, including trademarks, product designs, drawings, specifications, photographs, website material and other proprietary material, remains the property of Hedge or its applicable licensor.

13.2 No Hedge intellectual property may be reproduced, modified, distributed or used for commercial purposes without Hedge's prior written permission, except as permitted by law.

14. Force Majeure

14.1 Subject to the Australian Consumer Law and other applicable law, Hedge is not responsible for delay or failure to perform an obligation where the delay or failure is caused by circumstances beyond Hedge's reasonable control. Such circumstances may include: natural disasters; fire or flood; industrial disputes; war or civil disturbance; government restrictions; port or transport disruption; shipping interruption; significant supply chain disruption; or shortages of materials outside Hedge's reasonable control.

14.2 Hedge will use reasonable endeavours to minimise the effects of such an event and resume performance when reasonably practicable.

14.3 Nothing in this clause removes any remedy or right that cannot lawfully be excluded.

15. Amendments

15.1 Hedge may update these Terms from time to time.

15.2 Updated Terms will apply to Orders placed after the updated Terms take effect.

15.3 An update will not retrospectively alter the Terms applying to an Order already accepted unless: the Customer agrees; the change benefits the Customer without causing detriment; or the change is required or permitted by law.

16. Governing Law & Jurisdiction

16.1 These Terms are governed by the laws of Queensland, Australia.

16.2 The parties submit to the jurisdiction of courts and tribunals having jurisdiction in Queensland and any courts competent to hear appeals from them.

16.3 Nothing in this clause prevents a Consumer from exercising rights available under applicable Australian consumer law or other laws that cannot lawfully be excluded.

17. General

17.1 A failure or delay by Hedge in exercising a right does not constitute a waiver of that right.

17.2 If a provision of these Terms is invalid, unlawful or unenforceable, it will be read down to the extent necessary or, where that is not possible, severed without affecting the remaining provisions.

17.3 A Customer may not assign its rights or obligations under an accepted Order without Hedge's prior written consent, which will not be unreasonably withheld where applicable.

17.4 Headings are provided for convenience and do not affect interpretation.

18. Contact

HedgeGo Pty Ltd Trading as Hedge Australia

Email: hello@hedge.net.au

Website: www.hedge.net.au