Terms And Conditions Of Trade
Orders placed with any company within the Group are subject to acceptance by that company and will be taken to imply that you acknowledge, understand and accept the following terms and conditions of trade:-
The term "the Group" herein is defined to mean Ausdeck Patios & Roofing Pty Ltd ACN 100 815 889, Ausdeck Patios & Roofing (NSW) Pty Ltd ACN 112 273 686, Bent Sheetmetal Pty Ltd ACN 124 939 528, Roll Form Industries Pty Ltd ACN 090 930 626 and the successors and assigns of each company.
The term “you” used herein is defined to mean the customer of any or all of the companies comprising the Group who has applied to any or all of the companies comprising the Group for the credit account. If there is more than one, “you” means each of you separately, as well as jointly. “You” includes your executors, administrators, assigns and guarantor/s.
Orders for goods received by any or all of the companies comprising the Group are accepted with the understanding that they are not subject to cancellation.
You must pay the company or companies within the Group without set-off or deduction, the price of the goods and costs and charges for freight and handling, and any other extras and allowances as determined by the company or companies within the Group in its/their sole discretion, and listed on the company's or companies' corresponding tax invoice provided to you. All orders are subject to fluctuation without notice and all orders accepted at prices ruling at date of dispatch ex-works, unless otherwise arranged. If a goods and services tax or any similar tax (“GST”) is imposed in Australia and has application to any supply made under this contract, any or all of the companies comprising the Group receiving orders from you may, in addition to any amounts payable in accordance with this contract, recover from you an additional amount on behalf of GST, such amount to be calculated by multiplying the amount payable by you for that supply by the prevailing GST rate.
The company or companies within the Group that supplies the goods ordered will issue an invoice to you upon delivery of the goods and payment will be due 30 days from end of month of invoice. Statements will be issued. You acknowledge that you are not entitled to avoid or suspend payment of the total invoice because of a dispute regarding any one item in that invoice or any other invoice and agree to pay such amount as is not in dispatch strictly in accordance with the terms of trade.
All goods supplied by any company within the Group must be paid in full by the date stated in our invoice and if not paid in full by that will attract interest at the Standard Default Contract Rate as published from time to time by the Queensland Law Society.
Any or all of the companies within the Group reserve the right, at all times, to suspend or cease the supply of further goods on credit to you without giving a reason.
Payment for the goods shall become due 30 days after the end of month in which the invoice is dated or immediately upon:-
If you are an individual, your committing an act of bankruptcy; and
If you are a corporation, your being the subject of a winding up application or having a liquidator, administrator or other controller appointed.
Credit facilities granted on the basis of information provided in this application are not transferable without the prior written approval of one of the companies within the Group.
The legal ownership of all goods ordered is retained by the company within the Group that supplies the goods until payment (if by cheque, when such cheque is cleared) is made in full for all goods supplied by that company to you. Until that time, the goods will be held by you as the fiduciary agent and bailee of that company.
If the goods are sold by you prior to payment by you of the goods and if they become constituents of other goods, the proceeds of sale thereof shall be the property of the company within the Group supplying the goods and shall be held by you in trust as the fiduciary agent of that company.
In the event of payment becoming overdue or your being otherwise in default of these terms and conditions, you irrevocably authorise the company within the Group supplying the goods, by its employees or agents to enter into your premises for the purpose of recovering possession of the goods and that company may thereafter re-sell same and retain the proceeds of such sale as its own.
These terms and conditions and any sale of goods thereunder shall be governed by the laws of the state of Queensland. You agree to pay the costs of the company within the Group supplying the goods for any removal of the goods and such costs are recoverable by that company from you as a debt due by you. In the event that the goods recovered have been damaged or have sustained loss in value, you shall compensate that company for such damage and loss and such amount is recoverable from you by that company as a debt due by you.
You will pay any company within the Group supplying goods to you all costs, charges and expenses incurred by that company due to your failure to pay any tax invoice issued to you by that company, including the company’s legal costs, on an indemnity basis.
You hereby, jointly and severally, charge all real property owned by you and all of your personal present and after acquired property in respect of any money that may be owing by you to any or all of the companies within the Group under this agreement and you hereby appoint any of the companies within the Group that are owed money by you and its solicitors as your attorneys to execute any consent form for the sole purpose of registering a charge or caveat over the title to any real property owned by you and secured by that company or companies under this clause from time to time.
You acknowledge by signing this credit application that a "Purchase Money Security Interest" is created for the purposes of the Personal Properties Securities Act 2009 (“the Act”) in all products supplied to you by the Group under this Credit Application. You further agree that the Group may, in its sole discretion, register its Security Interest on the Personal Properties Security Register and you hereby waive the requirement of being given a verification statement pursuant to Section 57 of the Act.
Privacy Information Authority
The company or companies within the Group may need to disclose to a credit reporting agency information about you and your employees, agents and representatives when assessing this application for credit and in managing your account. You warrant that all parties whose information appears on this Credit Application, the Guarantee and Indemnity consent to and authorise any company within the Group to:
request a credit report containing information about the party’s consumer or commercial credit arrangements from your referees, your accountant, your advisor, any business you deal with and/or a credit reporting agency (collectively "credit agency") for the purposes of assessing this Credit Application or in connection with the Guarantee and Indemnity and you also authorise the credit agency to provide the Group with the information requested;
give a credit agency information to allow the credit agency to create and maintain a credit information file containing information about the relevant party;
notify and exchange information with other credit agencies and any collection agent of the Group's;
use any information provided in this Credit Application or provided to the Group throughout the currency of any agreement with us for any lawful means necessary, including but not limited to exchanging such information with other credit agencies if you or another party is in default or for the purposes of registering a Security Interest on the PPS Register; and