Terms & Conditions
A. The Applicant agrees to pay for products delivered to the Applicant or ordered by the Applicant within such period as specified in the current written terms of credit extended by the Supplier to the Applicant, or the Applicant, or if no such period is specified, by the 21st of the month immediately.
B. The Applicant agrees that if it does not pay any amount to the Supplier by or on the due date for payment in accordance with (A) then the Applicant may be charged interest Our banker's current bank overdraft rate plus (2%) pa on all overdue monies calculated on a daily basis from the due date until payment in full.
C. The Supplier reserves the right to offset any amount due by the Applicant against any amount payable by the Supplier to the Applicant following the month of supply.
D. The Applicant agrees that all expenses, cost and disbursements incurred in recovering any outstanding monies, including debt collection agency fees and solicitors costs will be paid by the Applicant.
E. The Applicant agrees that the Supplier reserves the right to withhold the supply of products, at any time while there are outstanding monies payable by the Applicant to the Supplier without notice to the Applicant.
F. In the event of this application being successful, a fixed credit limit will be determined by the Supplier, should the account balance exceed the limit the Supplier reserves the right to withhold the supply of products without notice.
G. The Applicant agrees and consents to the Privacy Act 1988
- The Supplier making inquires as to credit and financial position of the Applicant and using such information, including exchanging information disclosed in the Application, as it sees fit from time to time including to assess this Application.
- The Supplier obtaining and/or giving commercial references from time to time including notification of a default by the Applicant.
- The Supplier receiving from a credit reporting agency a credit report containing personal information about the Applicant and its directors, principals in relation to collecting overdue amounts.
RISK AND TITLE TO GOODS
H. The Applicant understands that all products remain the property of the Supplier until paid for in full the Supplier has the right to access the Applicant's premises and remove or collect products including use of reasonable force. If the Applicant sells or uses any products prior to payment in full, it holds the proceeds of such sale, received by the Applicant, or the resulting subject matter receiving by the Applicant or the books debts held by the Applicant relating thereto, on trust for the Supplier the Applicant must keep such products, proceeds (or relevant part) relating to the products, subject matter produced using the products or bank debts separate and identified as being held on trust for the Supplier.
Any risk as regards, loss, damage to deterioration of products shall pass to the Applicants on delivery.
LOSS OR DAMAGED IN TRANSIT
I. The Supplier will bear the loss or damage to products in transit where delivery is by its nominated carrier and delivery charges are included in the price of the products. In all other cases, the Applicant is responsible for loss or damage occurring in transit. Delivery occurs:
- where supplier’s nominated carrier is used, when supplier’s nominated carrier delivers the products to the delivery address.
- in all other cases, when the product leaves suppliers premises.
LIMITATION OF LIABILITY
J. Any claims by the Applicant against the Supplier arising from product sold must be commenced within 7 days of delivery of such goods or such longer period allowed by law that cannot lawfully excluded.
K. The liability of the Supplier arising from a breach of any condition or warranty in relation to the products sold to the Applicant is limited at the option of the supplier to replacement of the products or replacement with equivalent products or payment of the cost of replacing the products or of acquiring equivalent products.
L. The Applicant agrees that apart from any rights and remedies implied by the Trade Practices Act 1974 and any other law that cannot be lawfully excluded, all conditions and warranties, provided by statute or otherwise are excluded concerning the products.
GOODS & SERVICES TAX
M. The Applicant agrees to be bound by the Australian GST regulations and legislation.
UNLESS YOU NOTIFY US IN WRITING OF ANY CHANGES TO YOUR APPLICATION AND WE NOTIFY YOU IN WRITING THAT WE ACCEPT SUCH CHANGES. SUCH CHANGES ARE NOT AGREED TO US AND DO NOT FORM PART OF THESE TERMS AND CONDITIONS. THESE TERMS AND CONDITIONS SHALL GOVERN ANY SALE OF PRODUCT BY THE SUPPLIER TO THE EXCLUSION OF ANY OTHER TERMS AND CONDITIONS MADE OR PURPORTED TO BE MADE BY THE APPLICANT ON ANY PURCHASE ORDER OR OTHER DOCUMENT EXPRESSLY OR IMPLIED.