1300 282 049

Terms and Conditions of Sale

  1. Application of this document

    1. Subject to any Prescribed Terms, this document together with the relevant Sales Confirmation embodies the sole terms and conditions of the Contract between YellowChip Funds Group and the Purchaser and supersedes all other conditions and agreements between the parties, unless expressly amended in writing by YellowChip Funds Group.
    2. These terms and conditions will without further notice apply to all future transactions between YellowChip Funds Group and the Purchaser in relation to the sale and purchase of goods, whether or not this document is delivered or executed in the course of the transaction.
    3. For the avoidance of doubt, none of the terms and conditions contained in any document or other instrument supplied by or on behalf of the Purchaser (including, without limiting the foregoing, those included in any request for quotation, purchase order, delivery terms or like document from the Purchaser) will apply to or form part of the Contract, except and to the extent otherwise agreed in writing by YellowChip Funds Group.
    4. All purchase orders supplied by the Purchaser are subject to acceptance by YellowChip Funds Group and no Contract between YellowChip Funds Group and the Purchaser comes into existence until YellowChip Funds Group issues a Sales Confirmation.
    5. No variation or abrogation of these terms and conditions will be effective unless it is evidenced in writing signed on behalf of YellowChip Funds Group.
    6. The Purchaser acknowledges and agrees that YellowChip Funds Group may issue a Sales Confirmation and enter into the Contract as principal or agent. Where YellowChip Funds Group issues a Sales Confirmation or enters into the Contract as agent for some other person (irrespective of whether that agency is disclosed or otherwise), the Purchaser is not entitled to make any objection to that or dispute the right and authority of the principal to enforce it rights under the Contract.

  2. Sales Confirmation and Contract formation

    1. Upon issuance of the Sales Confirmation, the Purchaser is bound to purchase the goods described in the Sales Confirmation on the terms and conditions of the Contract.
    2. The Purchaser may not modify, cancel or terminate a Sales Confirmation or Contract without YellowChip Funds Group’s prior written consent, which may be withheld or given in YellowChip Funds Group’s absolute discretion, including as to any payment to be made to YellowChip Funds Group as a consequence of the modification, cancellation or termination.

  3. Service Exchange

    1. All service exchange core returns must be returned within 28 days of delivery receipt. If the core is not returned, then the core charge will not be credited unless otherwise agreed in writing.

  4. Payment

    1. Unless otherwise agreed by the parties in writing, payment will be made at point of sale or as specified otherwise on the invoice issued.
    2. Time for payment of the price of the goods will be of the essence of the Contract and if the Purchaser fails to pay the price when due YellowChip Funds Group may treat the Contract as repudiated by the Purchaser or may, unless payment in full is made, suspend delivery of the goods the subject of the Contract and any goods the subject of any other contract with the Purchaser without incurring any liability whatsoever to the Purchaser. In addition, without prejudice to such rights of YellowChip Funds Group, the Purchaser will (if so required by YellowChip Funds Group) pay interest to YellowChip Funds Group on the outstanding amount of the price at the rate of 20% per annum until the price is paid in full.
    3. Notwithstanding any rights of lien to which YellowChip Funds Group may otherwise be entitled, YellowChip Funds Group will have a specific lien (including a right of sale) over the goods the subject of the Contract and any goods the subject of any other contract with the Purchaser until the price of the goods has been paid in full. The Purchaser will not be entitled to make any deduction from the price of the goods in respect of any off-set or counter claims.

  5. Delivery

    1. Any time or date named and accepted by YellowChip Funds Group for completion, delivery, despatch, shipment or arrival of the goods or for tender of any documents is an estimate only and does not constitute a condition of the Contract or part of the description of the goods and is not of the essence of the Contract.
    2. Unless otherwise stated in writing, YellowChip Funds Group may make partial deliveries or deliveries by instalments in any amount it may determine and each such partial delivery or delivery by installments will be deemed to be a separate Contract and these conditions will apply to each partial delivery or delivery by instalments.
    3. The Purchaser will notify YellowChip Funds Group within 7 days of delivery of any short fall in or loss or damage to goods delivered. Failure to so notify will, subject to the requirements of any Prescribed Terms, disentitle the Purchaser to any remedy in respect to the shortage, loss or damage.

  6. Risk and Title

    1. Except as otherwise provided herein, the goods supplied by YellowChip Funds Group to the Purchaser will be at the Purchaser’s sole risk immediately on delivery to or collection by any transport or transit arranged by the Purchaser and otherwise if transport or transit is arranged by YellowChip Funds Group then on delivery of the goods to the Purchaser.
    2. Property and title in the goods supplied by YellowChip Funds Group to the Purchaser will not pass to the Purchaser until such time as the goods the subject of the Contract and all other goods supplied by YellowChip Funds Group to the Purchaser have been paid for in full. Until that time, the Purchaser must store the goods, including goods into which the supplied goods have been mixed, in such a manner as to show clearly that they are the property of YellowChip Funds Group and will upon YellowChip Funds Group’s demand deliver up such goods to YellowChip Funds Group. In default of such delivery YellowChip Funds Group may by its servants and agents enter the Purchaser’s premises at any time without notice to repossess the goods.
    3. Subject to the PPSA, until such time as the goods have been paid for in full the Purchaser is at liberty to sell the goods, including goods into which YellowChip Funds Group’s goods have been mixed, in the ordinary course of its business, and the Purchaser will hold the proceeds thereof in trust for YellowChip Funds Group and promptly account to YellowChip Funds Group for those proceeds in payment of the purchase price for the goods.
    4. The Purchaser and YellowChip Funds Group agree that the provisions of this clause apply notwithstanding any agreement between the parties under which YellowChip Funds Group grants the Purchaser credit.

  7. Personal Property Securities Act 2009

    1. The terms “Collateral”, “Debtor”, “Financing Change Statement”, “Financing Statement”, “Grantor”, “Proceeds”, “Secured Party”, “Security Agreement” and “Security Interest” have the meanings given in the PPSA.
    2. The Purchaser acknowledges and agrees that by accepting these terms and conditions which form part of the Contract, the Contract constitutes a Security Agreement that covers the Collateral for the purposes of the PPSA:
      1. YellowChip Funds Group holds (as Secured Party) a Security Interest over all of the present and after acquired goods supplied by YellowChip Funds Group to the Purchaser and any Proceeds of the sale of those goods (“Collateral”);
      2. any purchase by the Purchaser on credit terms from YellowChip Funds Group or retention of title supply pursuant to clause 6) hereof will constitute a purchase money security interest as defined under section 14 of the PPSA (“PMSI”);
      3. the PMSI granted herein will continue to apply to any goods coming into existence or proceeds of sale of goods coming into existence;
      4. YellowChip Funds Group will continue to hold a Security Interest in the goods in accordance with and subject to the PPSA, notwithstanding that the goods may be processed, commingled or become an accession with other goods;
      5. any YellowChip Funds Group Security Interest will be a continuing and subsisting interest in the Collateral with priority to the fullest extent permitted by law over all over registered or unregistered Security Interest;
      6. until title in the goods pass to the Purchaser, it will keep all goods supplied by YellowChip Funds Group free and ensure all such goods are kept free of any charge, lien or Security Interest and not otherwise deal with the goods in a way that will or may prejudice any rights of YellowChip Funds Group under the Contract or the PPSA; and
      7. in addition to any other rights under these terms and conditions or otherwise arising, YellowChip Funds Group may exercise any and all remedies afforded to it as a Secured Party under Chapter 4 of the PPSA including, without limitation, entry into any building or premises owned, occupied or used by the Purchaser, to search for and seize, dispose of or retain those goods in respect to which the Purchaser has granted a Security Interest to YellowChip Funds Group.
    3. The Purchaser undertakes to:
      1. sign any further documents and provide such information which YellowChip Funds Group may reasonably require to register, amend or update a Financing Statement or Financing Change Statement in relation to a Security Interest on the PPS Register;
      2. indemnify and upon demand reimburse YellowChip Funds Group for all expenses incurred in registering a Financing Statement or Financing Change Statement on the PPS Register or releasing any Security Interests;
      3. not register or permit to be registered a Financing Change Statement in the Collateral without the prior written consent of YellowChip Funds Group; and
      4. provide YellowChip Funds Group not less than 7 days prior written notice of any proposed change in the Purchaser’s name, address, contact numbers, business practice or such other change in the Purchaser’s details registered on the PPS Register to enable YellowChip Funds Group to register a Financing Change Statement if required.
    4. YellowChip Funds Group and the Purchaser agree that sections 96, 125 and 132(3)(d) and 132(4) of the PPSA do not apply to the Security Agreement created under this Contract.
    5. The Purchaser hereby waives its rights to received notices under sections 95, 118, 121(4), 130, 132(3)(d) and 132(4) of the PPSA.
    6. The Purchaser waives its rights as a Grantor and/or a Debtor under sections 142 and 143 of the PPSA.
    7. Unless otherwise agreed in writing by YellowChip Funds Group, the Purchaser waives its right to receive a verification statement in accordance with section 157 of the PPSA.
    8. The Purchaser will unconditionally ratify any actions taken by YellowChip Funds Group under this clause 7).
    9. This clause 7) will survive the termination of the Contract to the extent permitted by law.

  8. Warranties and Exclusions of Liability

    1. YellowChip Funds Group warrants that the goods when delivered to the Purchaser will comply with any description for the goods contained in the relevant Sales Confirmation (if any) and with the Specification for the goods in accordance with Clause 22). YellowChip Funds Group is not required to supply goods with any specification or characteristics that are outside any such description for the goods (if any) or the Standard Specifications.
    2. The Purchaser acknowledges, agrees, represents and warrants that:
      1. as the use of the goods is outside the control of YellowChip Funds Group, the Purchaser is satisfied that the goods when supplied in accordance with clause 8)a) will have the condition, characteristics, quality and attributes that will make them suitable or fit for any ordinary or special purpose required for those goods, even if that purpose is made known to YellowChip Funds Group at any time;
      2. the Purchaser has or will in a timely manner conduct all mandatory or prudent tests and apply all mandatory or prudent quality control checks and procedures to ensure the goods and any product that is produced from them will be without defect and suitable or fit for any purpose required for them; and
      3. the Purchaser has not relied upon any statement, representation, warranty, guarantee, condition, advice, recommendation, information, assistance or service provided or given by YellowChip Funds Group or anyone on its behalf in respect of the goods, other than those that are expressly contained in the Contract.
    3. The Purchaser releases and indemnifies YellowChip Funds Group and its officers, employees, consultants and agents from and against all actions, claims, proceedings and demands (including those brought by third parties) which may be brought against it or them, whether on their own or jointly with the Purchaser and whether at common law, under tort (including negligence), in equity, pursuant to statute or otherwise, in respect of any loss, death, injury, illness, cost or damage arising out of any breach by the Purchaser of any warranty provided by it under paragraph b) of this clause.
    4. Except as expressly set out in the Contract and except for liability under any Prescribed Terms, to the full extent permitted by law:
      1. all conditions, warranties, guarantees, terms and obligations expressed or implied by law or otherwise relating to the Contract or the performance of YellowChip Funds Group’s obligations under the Contract or to any goods or services supplied or to be supplied by YellowChip Funds Group under the Contract are excluded, except for those conditions and warranties as to title in the goods; and
      2. without limiting the generality of the foregoing, YellowChip Funds Group gives no condition, warranty or guarantee whatsoever as to the suitability, performance or fitness of the goods for their ordinary or any special use or purpose, and the description of the goods in any Contract or any other document will not import any such condition, warranty or guarantee on the part of YellowChip Funds Group.
    5. Notwithstanding anything to the contrary herein contained but subject to the provisions of any Prescribed Terms, YellowChip Funds Group’s liability in respect of any Claim arising in any way out of the Contract or its performance or from any failure to perform the Contract including (without limiting the generality of the foregoing) for breach of any condition, warranty or guarantee contained in the Contract or in any Prescribed Term implied into or applying to the Contract and whether that liability arises under contract, tort (including negligence), breach of statutory duty or otherwise, is limited as follows:
      1. if any guarantee under the Act is applicable to any good or service supplied by YellowChip Funds Group and YellowChip Funds Group’s liability is due to a failure to comply with the guarantee and such failure cannot be remedied or is a major failure as defined in the Act (each such failure hereafter referred to as a Relevant Failure), YellowChip Funds Group’s liability is as stated in the Act in respect of that Relevant Failure;
      2. if the liability is due to a failure to comply with any condition, warranty or guarantee in respect of any good or service supplied by YellowChip Funds Group under the Contract and such failure is not a Relevant Failure, YellowChip Funds Group’s liability is limited as follows in respect of such failure:
        1. if the failure is in respect of goods, YellowChip Funds Group’s liability is limited to replacement of the goods or the supply of equivalent goods, the repair of the goods, payment of the cost of replacing the goods or of acquiring equivalent goods, or payment of the cost of having the goods repaired, as determined by YellowChip Funds Group in its sole discretion; and
        2. if the failure is in respect of services, YellowChip Funds Group’s liability is limited to the supply of the services again or payment of the cost of having the services supplied again, as determined by YellowChip Funds Group’s in its sole discretion;
      3. in respect of all other liability (if any), YellowChip Funds Group’s liability is limited in the aggregate to the amount of $200.
    6. To the extent permitted by law, YellowChip Funds Group will have no liability to the Purchaser, howsoever arising and under any cause of action or theory of liability, in respect of special, indirect or consequential damages, loss of revenue, loss of profit (whether direct or indirect) loss of cost saving, or loss of business opportunity arising or reputation out of or in connection with the Contract or its performance.

  9. Return of Goods

    1. Goods supplied to the Purchaser are not returnable except as provided in clause 8) above.
    2. If the goods are in accordance with clause 8)a) and all Prescribed Terms and are otherwise in compliance with the provisions of the Contract, YellowChip Funds Group may agree to accept the return of the goods from the Purchaser free from all security interests and otherwise on terms and conditions stipulated by YellowChip Funds Group, including a condition that YellowChip Funds Group charge a 30% restocking fee.

  10. Indemnity and Insurances

    1. The Purchaser will keep YellowChip Funds Group indemnified against all costs, claims, demands, expenses and liabilities of whatsoever nature, including, without prejudice to the generality of the foregoing, claims of death, personal injury, damage to property and consequential loss (including loss of profit) which may be made against YellowChip Funds Group or which YellowChip Funds Group may sustain, pay or incur as a result of or in connection with the manufacture, sale, export, import or use of the goods, breach of the Contract by the Purchaser or the willful misconduct or negligence of the Purchaser or its officers, employees, contractors or agents unless such costs, claim, demand, expense or liability will be directly and solely attributable to any negligence of YellowChip Funds Group or its duly authorised employee or agent.
    2. The Purchaser must maintain at all times:
      1. workers’ compensation insurance as required by applicable laws;
      2. product and public liability insurance for at least $20,000,000 for any single occurrence;
      3. marine and transit insurance covering the goods for any shipping and transit arranged by the Purchaser; and
      4. any other insurance specified on the Sales Confirmation.
    3. The Purchaser’s insurances must note the interests of YellowChip Funds Group.

  11. Licenses, Duties, etc.

    1. The payment of any taxes and the obtaining and maintenance in full force and effect of any necessary export or import licenses, authorisations or consent in respect of the goods is the sole responsibility of the Purchaser and YellowChip Funds Group will be under no liability whatsoever in respect of goods exported or imported without any necessary licenses, authorisations or consent.

  12. Goods and Services Tax (GST)

    1. For the purposes of this clause 12), “Supplier” has the meaning given in this clause 12) and the terms, “GST”, “GST law”, “Supply” and other capitalised terms used but not otherwise defined in this clause have the meanings given to them by the A New Tax System (Goods and Services Tax) Act 1999 (as amended from time to time) or any replacement or other relevant legislation and regulations, except that “GST law” also includes any other legislation enacted to validate, recapture or recoup tax collected as GST.
    2. Unless otherwise stated, all amounts payable (including non-monetary consideration) by the recipient of a Supply (Recipient) to the party making the Supply (Supplier), howsoever described in the Contract do not include GST.
    3. If a Supply under this Contract is subject to GST, the Recipient must pay to the Seller an additional amount equal to the amount payable in relation to that Supply multiplied by the prevailing GST rate.
    4. The additional amount under paragraph 12)c) is payable at the same time as the amount payable in relation to the Supply is payable or to be provided.
    5. Any additional amount payable in accordance with paragraph12)d) need not be paid until the Seller provides a Tax Invoice to the Recipient.
    6. If the amount of GST paid is more than is required under the GST law the Seller will refund the excess amount to the Recipient. If the amount of GST paid is less than is required under the GST law, the Recipient will pay the Seller the difference. For the purposes of calculating further variations under this clause, any additional amount referred to in paragraph 12)c) is taken to be amended by the amount of any earlier variation made under this clause 12).
    7. If a party to the Contract is entitled to be reimbursed or indemnified for a cost incurred by a party in accordance with the Contract, the amount of the reimbursement or indemnity will not exceed the GST exclusive cost of the amount. For the avoidance of doubt, the amount of any reimbursement or indemnity does not include any amount attributable to GST for which the party seeking reimbursement is entitled to an Input Tax Credit.
    8. If a party to this Contract is a member of a GST Group, references to GST which the party must pay, and to Input Tax Credits to which the party is entitled, include GST which the representative member of the GST Group must pay and Input Tax Credits to which the representative member is entitled.

  13. Foreign Exchange

    1. The price for the goods may include an imported content in the relevant foreign currency being USD/CAD/RMB/JPY/EUR/GBP and other currencies represented equivalent to AUD and is based on an indicative currency exchange rate of AUD1.00 = USD/CAD/RMB/JPY/EUR/GBP and other currencies represented.
    2. The Purchaser must specify in its purchase order whether to fix the exchange rate for payment of any imported content of the goods in AUD or whether to take the exchange rate risk. YellowChip Funds Group reserves the right not to issue a Sales Confirmation until such time as a Purchaser makes this election. If YellowChip Funds Group chooses to issue a Sales Confirmation in circumstances where the Purchaser has not made an election whether to fix the exchange rate for payment of any imported content of the goods in AUD then the Sales Confirmation is issued on the basis that the Purchaser is taking the exchange rate risk.
    3. Where the Purchaser elects to fix the exchange rate for payment of any imported content of the goods in AUD then YellowChip Funds Group will issue a revised final price in AUD in the Sales Confirmation and thereafter YellowChip Funds Group will take the exchange rate risk, provided the goods are paid for in accordance with the terms of invoice issued. Costs incurred by YellowChip Funds Group arising from changes in exchange rates after the invoice due date will be payable by the Purchaser.
    4. Where the Purchaser elects to take the exchange rate risk, any variation from the rate used in the Sales Confirmation prior to the time of the final invoice issued will be to the Purchaser’s account and will be itemised in the invoice issued.

  14. Force Majeure

    1. YellowChip Funds Group will not be under any liability whatsoever for the consequences of any failure on its part to perform or delay in performing any obligation under the Contract when due, whilst and to the extent that such failure or delay is due directly or indirectly to any event of force majeure. Without limiting the generality of the foregoing, this includes any liability whatsoever for any delay in completion, delivery, despatch, shipment or arrival of the goods or in the tender of any documents or the like. “event of force majeure” includes, without limitation, any acts of God, epidemic, pandemic, quarantine, war, riots, strikes, lock outs, trade disputes, fires, break downs, mechanical failures, interruptions of transport and logistics, closure of or restrictions at ports and borders, Government action or any other cause whatsoever, whether or not of a like nature to those specified above, outside the reasonable control of YellowChip Funds Group.
    2. If there is an event of force majeure, YellowChip Funds Group will notify the Purchaser of the event and the likely impact on its performance under the Contract. If the event affect the capacity of YellowChip Funds Group to complete its material obligations under the Contract in a timely manner, YellowChip Funds Group may by notice to the Purchaser terminate the Contract without any liability whatsoever on its part arising from such termination.

  15. Confidential Information and Intellectual Property

    1. Where the Purchaser has access to any of YellowChip Funds Group’s confidential information, the Purchaser must:
      1. keep the confidential information confidential; and
      2. not (except to the extent required by Law) disclose it to any person without the prior written consent of YellowChip Funds Group.
    2. Except to the extent otherwise agreed in writing, YellowChip Funds Group retains all intellectual property rights subsisting in the goods and grants the Purchaser a royalty free, non-exclusive, transferable, perpetual licence to use the intellectual property in the goods for the Purchasers use of the goods.

  16. Termination

    1. In addition to any other rights it may have under the Contract or otherwise, YellowChip Funds Group may immediately terminate a Sales Confirmation and Contract by notice in writing to the Purchaser:
      1. if the Purchaser becomes bankrupt or insolvent or is otherwise financially unable to perform the Contract;
      2. if the Purchaser fails to accept delivery of the goods in accordance with the Contract;
      3. if the Purchaser fails to make any payment when due; or
      4. if the Purchaser fails to remedy a breach of any other term or condition of the Contract within 5 Business Days of being directed in writing to do so by YellowChip Funds Group.
    2. If YellowChip Funds Group issues a notice under this clause 16)a), YellowChip Funds Group will have no liability to the Purchaser in accordance with the Contract.

  17. Notices

    1. Any notice to be given to the Purchaser will be deemed to be given upon its being posted, emailed or sent by facsimile to the address or facsimile number of the Purchaser set out in the Contract or to the Purchaser’s registered office or to the Purchaser’s last known address.

  18. Assignment

    1. The Purchaser may not assign or transfer or purport to assign or transfer any of its rights or obligations under or in connection with the Contract to any other person or corporation whatsoever.

  19. Sub-contract

    1. YellowChip Funds Group reserves the right to sub-contract the performance of any Contract or part thereof to any other party or person or corporation it may determine.

  20. Proper Law and Jurisdiction

    1. All Contracts made between YellowChip Funds Group and the Purchaser will be governed by and construed in accordance with the laws of Queensland, Australia. The Purchaser agrees to submit to the non-exclusive jurisdiction of the Queensland Courts and courts of appeal therefrom for all purposes of or in connection with such Contracts.

  21. Cost Recovery

    1. Any expenses, costs or disbursements incurred by YellowChip Funds Group in recovering any outstanding monies owing by the Purchaser including debt collection fees and solicitors costs will be paid by the Purchaser, providing that those fees do not exceed the scale charges as charged by that debt collection agency or solicitor plus any out of pocket expenses.

  22. Specification

    1. YellowChip Funds Group has relied on the correctness, accuracy and completeness of the information provided by the Purchaser and the information published by the relevant original equipment manufacturer.
    2. YellowChip Funds Group takes no responsibility and has no liability for or in respect of the information provided by the Purchaser or the information published by the relevant original equipment manufacturer.
    3. YellowChip Funds Group reserves the right to make changes to Specifications and/or the Price and/or the proposed delivery date if, at any time after the Purchaser instructs YellowChip Funds Group to proceed with supply of the goods to the Purchaser:
      1. any information provided by the Purchaser proves to be incorrect, inaccurate or incomplete;
      2. new information relevant to the good(s) is published by an original equipment manufacturer or any other person, or otherwise becomes known to YellowChip Funds Group; or
      3. the Purchaser requests Specification changes or additions.

  23. Severance

    1. Any part of the Contract which is held to be unenforceable or unlawful by a court of competent jurisdiction is severed and the remaining provisions will continue to operate.

  24. Relationship

    1. The relationship of the parties is one of principal and independent contractor only.

  25. Interpretation

    1. In these terms and conditions and in any contract to which these conditions apply, unless inconsistent with the context:
      1. the Act means the Competition & Consumer Act 2010;
      2. Claim means any claim, demand, action or proceeding;
      3. Collateral has the meaning given under the PPSA and in particular for the purposes of this Contract, the personal property that is not used predominately for personal, domestic or household purposes as identified in clause 7) hereof to which the Security Interest has attached;
      4. YellowChip Funds Group means:
        1. YellowChip Funds Group Pty Limited (ACN. 613 031 520);
        2. such other company related to YellowChip Funds Group Pty Limited which accepts the Purchaser’s order by the issue of a Sales Confirmation; or
        3. the undisclosed principal on whose behalf YellowChip Funds Group may enter into a Contract as agent and includes or any of their respective employees, agents, assignees or nominees;
      5. Contract means the contract between YellowChip Funds Group and the Purchaser for or in relation to the sale and purchase of goods on the terms and conditions set out in this document and in the Sales Confirmation;
      6. goods means any item of whatsoever nature which is sold or to be sold by YellowChip Funds Group to the Purchaser as specified in the Sales Confirmation;
      7. PPSA means the Personal Property Securities Act 2009 as amended;
      8. PPS Register means the personal property securities registered established under section 146 of the PPSA;
      9. Prescribed Terms means any terms, conditions, guarantees and warranties which the Act and any other law expressly provides may not in respect of the Contract be excluded, restricted or modified, or may be excluded, restricted or modified only to a limited extent;
      10. Price means the price (excl GST) for the goods as set out in the Sales Confirmation;
      11. Purchaser means the person or corporation who buys or has agreed to buy the goods from YellowChip Funds Group;
      12. Sales Confirmation means the document so named issued by YellowChip Funds Group that formally accepts the order for goods from the Purchaser;
      13. Security Interest has the meaning given under the PPSA;
      14. Standard Specifications means YellowChip Funds Group’s standard specification for the goods current at the time the goods are delivered to the Purchaser. Copies of the Standard Specifications are available on request from YellowChip Funds Group;
      15. Words importing the singular number will be deemed to include the plural and vice versa;
      16. Words importing the male gender will be deemed to include the female and neuter gender and vice versa; and
      17. the headings in these terms and conditions are provided for convenience only and do not affect the interpretation thereof.

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The content on this website has been prepared by YellowChip Funds Group Pty Ltd (YCFG) ACN 613 031 520 AFSL 494364 and YellowChip Investment Management Pty Ltd (YCIM) ACN 680 180 081 CAR 001311088, collectively known as YellowChip. Quay Wholesale Fund Services Pty Ltd (Quay) ACN 647 044 602 AFSL 528526 is the Trustee for the YellowChip Trusts. YCIM is the Investment Manager. Any information or advice contained on this website is general in nature and has been prepared without taking into account your objectives, financial situation or needs. Before acting on any information or advice on this document, YellowChip and Quay recommends you consider the appropriateness of the information and advice having regard to your circumstances. You must also read the offer document and any other disclosure documents in full before acquiring products named in these documents. You should also seek independent financial advice prior to deciding to invest in, or continuing to hold, any financial product. Refer to the Information Memorandum (IM) for more information. All investments, including those managed by YellowChip and Quay, involve risk which can lead to no or lower than expected returns, or a loss of part or all of your capital.

The content is proprietary to us. Although we believe the material is correct, no warranty of accuracy, reliability or completeness is given, except for liability under statute which cannot be excluded.

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