1. Privacy Disclosure and Consent
The Customer authorises the Supplier to:
(a) obtain credit information about the customer's commercial credit worthiness from any bank or trade referee disclosed in this document and from any other credit provider or credit reporting agency for the purpose of assessing this application for credit, or in connection with any guarantee given by the Customer; and
(b) Use, disclose or exchange with other credit providers information about the Customer's credit arrangements in order to assess this application for credit, monitor credit worthiness and collect overdue accounts; and
(c) disclose the contents of any credit report on the Customer to the Supplier, and any of theirsolicitors and collection agents.
2. The Customer must inform the Supplier in writing within seven (7) days of any change of the Customer's business or corporate structure.
3. The Supplier reserves the absolute right to refuse or withdraw the Customer's credit facilities at any time in the event that the Customer is in breach of these terms and conditions.
4. The Supplier reserves the following rights in relation to any goods and/or services provided to the Customer by the Supplier, until all moneys owed by the Customer to the Supplier are fully paid:
(a) All goods and/or services sold to the Customer remain the property of the Supplier until such time as said goods and/or services are paid for;
(b) Permission to enter the Customer's premises (or the premises of any associated company or agent where the goods and/or services are located) without liability for trespass or any resulting damage and retake possession of the goods and/or services; and
(c) To keep or resell any goods and/or services repossessed pursuant to (b) above.
If the goods and/or services are resold, or products manufactured using the goods and/or services sold by the Customer, the Customer shall hold such part of the proceeds of any such sale as represents the invoice price of the goods and/or services sold or used in the manufacture of the goods and/or services sold in a separate identifiable account as the beneficial property of the Supplier and shall pay such amount to the Supplier upon request. Notwithstanding the provisions above, the Supplier shall be entitled to maintain an action against the Customer for the purchase price and the risk of the goods and/or services shall pass to the Customer upon delivery.
5. In consideration for, and to induce the Supplier entering into these terms and conditions with the Customer, any signatory for a proprietary company agrees that he or she shall be jointly and severally liable with the Customer for the due performance of the Customer's obligations under these terms and conditions, and that such signatory hereby guarantees to the Supplier the due performance of the said obligations by the Customer and also hereby indemnifies the Supplier against all loses and costs (including Mercantile Agency costs and commission as if the debt had been collected and legal fees and costs) caused by or resulting from the Customer's failure to perform, or the Customer's breach of, the said obligations.
6. I/We acknowledge and agree that the terms of payment are STRICTLY THIRTY (30) DAYS from the date of Invoice.
7. I/We acknowledge that in the event the account becomes overdue, the Supplier reserves the right to charge interest in accordance with the Penalty Interest Rates Act 1983.
8. I/We acknowledge that if the account is overdue, the Supplier at its discretion, reserves the right to refer the account to a Mercantile Agency for collection and I/we agree and indemnify the Supplier for all loss and damage, out-of-pocket expenses and all other reasonable expenses, including debt collection costs chargeable by the agency (as if the account had been collected by the agency) and any other contingent expenses and legal costs on a solicitor/own basis incurred by the Supplier for enforcement of obligations and recovery of moneys due from the Customer to the Supplier, "on an indemnity basis".
9. I/We acknowledge that if I/we default in making any payment when due, then all moneys invoiced and/or payable to the Supplier becomes immediately due and payable.
10. Unless otherwise agreed in writing by us, at our sole selection, the Courts of any State or Territory in Australia will have exclusive jurisdiction in relation to all matters whatsoever concerning these terms and conditions. The Customer irrevocably waives any objection to the venue selected by the Supplier in relation to any legal proceedings concerning these terms and conditions. The laws of the State or Territory chosen by us for any such legal proceedings will govern these terms and conditions.
11. The Supplier may change these terms of credit by written notice to the Customer.
