Terms and Conditions Of Credit Supply
1. These conditions apply to each and every Credit Application except to the extent otherwise specified in writing by the supplier.
2. The Customer agrees to pay for all goods supplied or services provided, plus any GST applicable to the goods and services within thirty (30) days of the end of the month (EOM) of invoice issued in respect of those goods or services or within such a period of time as may be notified by the Customer by the Supplier.
3. The Customer warrants that the persons’ signatures appearing on this Agreement are duly authorised by the Customer to apply for credit and execute this Agreement.
4. These Conditions and any Further Terms are governed by and are to be interpreted in accordance with the laws and by mutual consent to be subject to the jurisdiction of the Courts in the State in which the supplier carries on business.
5. Any claim for non-delivery shortage in supply or damage occurring during the course if delivery or any claim for rejects by a customer must be in writing and given to the manager of the supplier within 24 hours of delivery.
6. In the event that moneys due by the Customer to the Supplier are not paid by the due date or the Customer is declared bankrupt or gives any authority to a trustee under section 188 of the Bankruptcy Act, or commits any act of bankruptcy, or ceases to trade or carry on business in the usual manner, or where the Customer is a company a petition for winding up is filed, or an administrator or receiver is appointed then all moneys owing by the Customer to the Supplier will be immediately payable without the necessity for any demand for payment of those moneys being made by the Supplier.
7. Should the Customer default in any payment due under this agreement then the customer agrees to pay the Supplier interest on all moneys, including the GST, from the due date for payment and the Customer undertakes to pay any interest so charged. Such interest shall be calculated on a daily basis from the due date for payment until the date the supplier receives payment at a rate not exceeding 1.5% per month.
8. The customer agrees to pay any expenses, costs or disbursements incurred by the Supplier in recovering any outstanding monies including debt collection agency fees and solicitor’s costs providing that those fees do not exceed the scale charges as charged by the debt collection agency/solicitor.
9. The Supplier may, in its absolute discretion, without giving any reason therefore and without giving notice to the Customer, terminate any credit facility with the Customer. Upon termination of any credit facility all moneys owing by the Customer to the Supplier will be immediately payable to the Customer without the necessity for any demand for payment for those moneys being made by the Supplier to the Customer.
10. Any goods supplied by the Supplier to the Customer will be at the risk of the Customer on and from the date the goods are accepted by the Customer.
11. All goods shall remain the property of the Supplier until all debts due to the Supplier by the Customer are paid in full and the Customer shall be bailee of Goods in its possession whose title remains with the Supplier. If the Customer fails to pay any debt due to the Supplier by the date for payment, the Supplier may retake possession of Goods. All costs of such repossession of Goods by the Supplier will be payable by Customer. Such rights shall be without prejudice to the Supplier’s right to claim damages from the Customer for breach of contract. Customer irrevocably authorises the Supplier and its servants and agents to enter upon the Customer’s premises without notice any time, for the purposes of examination or recovery of Goods. The Customer shall indemnify the Supplier against any loss or expense arising from the Customer breaching this Contract.
12. If Customer makes new Goods or other goods from or with Goods, these new Goods are Goods for the purposes of this Contract.
13. The Customer agrees to immediately notify the supplier in writing if there is any change of ownership or alteration to the Registered Particulars of the Customer and the Customer shall provide full details of such alteration.
14. In the case of the Trust Company, we acknowledge that the Trustee shall be liable to the account and that in addition the assets of the trust shall be available to meet payment of the account.
15. If any part of this Agreement is found to be void, voidable, unenforceable, or illegal, that part shall be considered as never having been a part of the Agreement. The rest of the Agreement shall remain in effect.
16. Privacy Act. Acknowledge that credit information may be given to a credit reporting agency, the customer understands that section. 18E(8)(c) of the Act allows the Supplier to give a credit reporting agency certain personal information about the Customer. The information which may be given to an agency is covered by section 18E(1) of the Act and includes: Particulars to identify the Customer, The fact that the Customer has applied for credit and the amount, The fact that the Supplier is a credit provider to the Customer, payments which become overdue more than 60 days, Advice that payments are no longer, Cheques of $100 or more drawn by the Customer which a Bank has dishonoured more than once, in specified circumstances, that in the opinion of the Supplier the Customer has committed a serious credit infringement, That the credit provided to the Customer by the Supplier has been discharged.
17. Authority for the Supplier to obtain certain credit information. To enable the Supplier to assess the Customer application for commercial or personal credit, the Customer authorises the Supplier as follows; if asked to provide commercial credit, to obtain from a credit reporting agency a credit report containing personal credit information about the Customer. This is in accordance with section 18K(1)(b) of the Act. If asked to provide personal credit, to use a credit report containing information about the Customer’s commercial activities or commercial creditworthiness from a business which provides information about the commercial creditworthiness of a person. This is in accordance with section 18L(4) of the Act.
18. Authority to exchange information with other credit providers. In accordance with section 18N(1)(b) of the Act, the Customer authorises the Supplier to give to and receive from the credit providers named overleaf or that may be named in a credit report issued by a credit reporting agency, information in the supplier’s position or the other credit provider’s possession about the customer’s creditworthiness, credit standing, credit history and credit capacity. The Customer understands the information may be used to: a) assess an application for credit by the Customer, b) Assist the Supplier in avoiding default on the Customer’s credit obligations, c) Notify other credit providers of a default by the Customer, d) Assess Customer’s creditworthiness.
I/We, being the Director/s and Guarantor/s of the above Company, acknowledge having read these ‘Terms and Conditions of Credit and Supply’ and understand them fully and accept them in their entirety.