INDEX GROUP OF COMPANIES PTY LTD
ABN 15 118 948 586

ADVERTISING TERMS AND CONDITIONS

1. The The Index Magazine and website is published by Index Industrial Brokers (the "Company"). The company also acts as brokers on behalf of principals ("advertisers") who advertise in the The Index Magazine or website.
2. All descriptions are supplied by the advertisers. The Company is not responsible for the accuracy of the information supplied. The customer is responsible for checking the accuracy of all information.
3. Advertisements in the The Index Magazine and website are invitations to potential customers to enter into a purchase agreement. An order placed by the customer is an offer by the customer to the advertised. The Company does not act as agent of an advertised. Advertisers retain the right to dispose of plant as they see fit prior to acceptance of an offer from a customer.
4. The closing date of advertising material for volume 160 is the 31/07/2006.
5. Listing in the The Index Magazine or website is free of charge. However, paid advertising is also accepted.
6. The brokerage conditions from 1st July 2006 are:-
a) The brokerage fee is 15% of the value below $100,000 and 12.5% of the value over $100,000 with a minimum brokerage of $500 + GST applying.
b) The brokerage fee is payable by the advertiser.
c) All prices advertised by advertisers are inclusive of the brokerage fee. It is the responsibility of the advertiser to ensure that the advertised or selling price is inclusive of the brokerage fee.
d) The brokerage fee will be payable by an advertiser upon sale of any item of plant (whether or not advertised) to any customer
introduced to the advertiser by the Company or as a result of an advertisement within 12 months of publication of any item or
the advertiser.
7. Customers must place all orders with the Company. If not:-
a) The advertiser is responsible for payment of brokerage fees to the Company and for collection of all monies from the customer;
and
b) The customer indemnifies the Company for the amount of the brokerage fee and guarantees the payment of it.
8. Any inspection reports shall be deemed to be obtained by the customer. The Company or the advertiser accepts no responsibility for the accuracy of an inspection report. Such a report does not form part of the description of the item nor part of any representations made by the advertiser.
9. Where a customer requests the Company to locate any item of plant not advertised in the The Index Magazine or website an order must be placed by the customer with the Company. If this condition is not complied with the customer is to pay the brokerage fee.
10. All sales are on the terms and conditions of sale available from the Company or shown on the Company website. Unless otherwise requested the applicable terms and conditions will be forwarded with the invoice.

OBLIGATIONS OF ADVERTISORS

The Trade Practices Act and the Fair Trading Act prohibit misleading advertising promotion or sales talk generally and specifically prohibit misrepresentations about where products are made, the price, quality or performance of products.
Omitting essential information from sales material can amount to misleading.
Section 52 of the Trade Practices Act and s.38 of the Fair Trading Act combined have the effect of imposing a general duty on everyone in trade or trade or commerce not to engage in conduct that is "misleading or deceptive". In addition s.53 of the Trade Practices Act and s.40 of the Fair Trading Act make it a criminal offence for an individual or corporation to do any of the following in connection with the promotion or the supply or use of goods or services.
(1) Falsely represent that goods are of a particular standard, quality, value, grade, composition, style or model or have had a
particular history or particular previous use;
(2) Falsely represent that services are of a particular standard quality value or grade;
(3) Falsely represent that goods are new;
(4) Falsely represent that a particular person has agreed to acquire goods or services;
(5) Represent that goods or services have sponsorship, approval, performance, characteristics, accessories, uses or benefits they do not have;
(6) Represent that a person has a sponsorship, approval or affiliation it does not have;
(7) Make a false or misleading representation with respect to the price of goods or services;
(8) Make a false misleading representation concerning the availability of facilities for the repair of goods or of spare parts for goods;
(9) Make a false or misleading representation concerning the place of origin or goods;
(10) Make a false or misleading representation concerning the need for any goods or services; or
(11) Make a false or misleading representation concerning the existence, exclusion or effect or any condition, warranty, guarantee, right or remedy.

The maximum fines are substantial and terms of imprisonment can be imposed for breaches.
Apart from criminal sanctions for a breach of these sections an individual or corporation is liable to proceedings for injunction and for damages suffered by an injured party.
THE COMPANY ACCEPTS ADVERTISING IN GOOD FAITH AS TO ITS CONTENT FOR PUBLICATION IN ITS MAGAZINE OR WEBSITE. ADVERTISERS MUST ENSURE ALL ADVERTISING COMPLIES WITH TRADE PRACTICES ACT AND THE FAIR TRADING ACT, AS IT IS IMPOSSIBLE FOR THE COMPANY TO ENSURE THAT ADVERTISING COMPLIES WITH THE LEGLISLATION.