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ALUFORM TERMS & CONDITIONS

Aluform Website Terms & Conditions

 

This website: https://www.aluforminteriors.com.au/ (“Website”) is owned and operated by Hylton & Kerryn Brewer t/as Aluform Interior Supplies ABN 93 249 846 401 (“we”, “our” or “us”) for the benefit of individuals and entities interested in our services.

These website terms and conditions (“Terms of Use”) apply to your use of the Website and by using the Website you agree to be bound by these Terms of Use.

Please read these Terms of Use prior to purchasing any products from and/or using our service.   If you do not agree to these Terms of Use, you should not obtain or use information, services or products from this Website.

Information

All information displayed on the Website is current at the time of display and any reference to currency is a reference to Australian Dollars. We take every reasonable care to ensure the accuracy of all information listed. However, we are not liable for any errors in pricing and description.  It is your responsibility to enquire with us directly to ensure the accuracy and currency of the material or information you seek to rely upon.

We may from time to time, before your purchasing any products from this Website, require you to enter into the relevant agreement for the purchase of the products, and execute all other necessary documents.

Indemnity

To the full extent permitted by law, you agree to indemnify us and keep us indemnified from and against any liability and any loss or damage we may sustain, as a result of any breach, act or omission, arising directly or indirectly of these Terms of Use by you or your representatives.

Liability

Our liability is limited, to the extent permissible by law and at its option, to:

  • in relation to products:
    • the replacement of the products or the supply of equivalent products;
    • the repair of the products;
    • the payment of the cost of replacing the products or of acquiring equivalent products; or
    • the payment of the cost of having the products repaired.
  • where the products are services:
    • the supply of service again; or
    • the payment of the cost of having the services supplied again.

To the extent permitted by law, all other warranties whether implied or otherwise, not set out in these Terms of Use are excluded and we are not liable in contract, tort (including, without limitation, negligence or breach of statutory duty) or otherwise to compensate you for:

  • any increased costs or expenses;
  • any loss of profit, revenue, business, contracts or anticipated savings;
  • any loss or expense resulting from a claim by a third party; or
  • any special, indirect or consequential loss or damage of any nature whatsoever caused by our failure to complete or delay in completing the order to deliver the products.

We are not responsible and accept no liability for loss or damage arising from Website failures or downtime.

Links

If you wish to establish a link to our Website from your website, you must seek our prior written consent.

This Website may from time to time contain hyperlinks to other Websites.  Such links are provided for convenience only and we are not responsible for the content and maintenance of or privacy compliance in relation to any linked Website. Any hyperlink on our Website to another Website does not necessarily imply our endorsement, support, or sponsorship of the operator of that Website or of the information and/or products that they provide.

Trademark

Our logos (whether registered or otherwise) and any other affiliated logos owned by us may not be used without prior, specific, written consent from us.

Copyright and Intellectual Property

Copyright in the content on this Website is our property or owned by other third parties who have granted licence/s to us. The material on this Website may be viewed and may be reproduced in hard copy for your personal reference. Unless otherwise permitted by law, the material and information on this Website may not otherwise be reproduced or displayed and may not be distributed to any person or incorporated into any other website or materials without our prior written approval.

Intellectual property rights for software, scripts, programming code, animation, and processes used in this Website are our sole property including without limitation, all copyrights and other proprietary rights inherent therein.

Security Risk

Third parties may intercept or modify transmissions to and from this Website and it is possible that computer viruses or other defects may be contained in files obtained from or through this Website. We are not liable for any damage that may be a result of your use of this Website or of any linked Website.

Privacy Policy

All personal information obtained by using our Website is governed by our Privacy Policy. By using the Website you agree with our Privacy Policy. If you do not agree to our Privacy Policy, you should not provide your personal information to us.

Upon accepting these Terms and the Privacy Policy you agree that the personal information collected may also be used to promote and inform you of our other products and services, which may interest you. You may notify us at any time that you no longer wish to receive any direct marketing by email to :  sales@aluforminteriors.com.au

General

No waiver of any of these terms and conditions or failure to exercise a right or remedy by us will be considered to imply or constitute a further waiver by us of the same or any other term, condition, right or remedy.

We reserve the right to modify any of the Terms of Use and Privacy Policy at any time.

These Terms of Use are governed by the laws of New South Wales, Australia. If any part of these Terms of Use is found to be invalid or unenforceable, it shall be served without affecting the remainder.

Last updated: 28 March 2019

Aluform Privacy Policy

 

  1. About this policy

Aluform Interior Supplies ABN 93 249 846 401 (‘Aluform’we’, ‘us’ or ‘our’) is committed to protecting the privacy of your personal information in accordance with Australian privacy laws.

Our Privacy Policy sets out how we and our related entities collect, use, disclose and manage your personal information.

Our Privacy Policy complies with the Australian Privacy Principles set out in the Privacy Act 1988 (Cth) as amended from time to time (‘Privacy Act’).

When you engage us to provide you with any goods or services, apply or complete an application for commercial credit, communicate with us through email, by telephone, in writing, participate in any of our promotional activities, or use any of our other services, including our website(s), you agree to the use and disclosure of your personal information in the manner described in this policy. This policy is also relevant and applies to other individuals we deal with in connection with commercial credit we provide, such as guarantors and directors.

We may from time to time review and update this Privacy Policy so please check our website periodically to stay informed of any updates.  All personal information collected and held by us will be governed by the most recently updated Privacy Policy.

 

  1. Types of personal information we collect

The kinds of personal information we may collect from you will depend on what type of interaction you have with us.  Personal information we may collect from you includes, among other things:

  • identity particulars – such as your name, address, date of birth, occupation, telephone numbers and e-mail address;
  • personal information we collect from you when assessing, processing and managing an application by you for commercial credit, such as entities of which you are a director or shareholder;
  • personal information you provide to us when you participate in a promotion, competition, promotional activity, survey, market research, subscribe to our mailing list, engaging with us in an online chat about our products and services;
  • your bank, credit or debit account details when you make a purchase;
  • your records of communication with us;
  • if you visit our website, your website usage information such as your IP address, your general location, date and times of visits, clicks and activities, your browser, source from where you were directed to our website, your device and operating system.

 

  1. The purpose for collecting your personal information

We will generally only collect and use your personal information for the primary purposes of:

  • our general business operations;
  • effectively providing you with our goods and services;
  • where applicable, assessing and processing an application for commercial credit, and for administrative purposes in relation to the ongoing management of your commercial credit arrangement;
  • communicating with you;
  • responding to your inquiries or complaints;
  • meeting our legal and regulatory obligations;
  • conducting, improving and developing a relationship with you;
  • direct marketing (such as providing you with information about our products, events and activities related to your industry or profession and promotional notices and offers); and
  • improving our websites.

Your personal information is only collected by lawful and fair means and where practicable, only from you or from a person acting or authorised to act on your behalf. Where you have applied for commercial credit account with us, we may also make enquiries in respect of commercial credit with third parties with your consent.  This could include persons nominated by you as trade references, credit reporting bodies (“CRBs”) and your bankers.

We will take reasonable steps to ensure that you are aware of:

  • the likely use of the information;
  • the right of access to the information;
  • the identity and contact details of our employee/representative collecting your personal information;
  • any law requiring collection of the information; and
  • the main consequences of failure to provide your personal information.

 

  1. How we may use and disclose your personal information

We may use your personal information for:

  • the primary purposes for which it was collected, such as those described above;
  • assessing and processing an application for, or administration and management of, any commercial credit account with us;
  • administering and responding to your enquiry or feedback about our products and/or services;
  • conducting, and allowing you to participate in, any promotion, competition, promotional activity, survey, market research or customer behavioural activity conducted by us;
  • data analysis purposes;
  • promoting and marketing our current and future products and services to you, informing you of upcoming events and special promotions and offers and analysing our products and services so as to improve and develop new products and services (but giving you the opportunity to opt out of such direct marketing)
  • improving the operation of our websites.

We may disclose personal information we collect from you:

  • to our related companies, suppliers, consultants, contractors or agents for the primary proposes for which it was collected or for other purposes directly related to the purpose for which the personal information is collected. For example, your name and telephone number may be disclosed to our supplier to enable that supplier to respond to your request for information about a particular product;
  • for direct marketing but giving you the opportunity to opt out of such direct marketing; We will include our contact details in any direct marketing.
  • to relevant Federal, State, Territory medical, health and safety authorities (as required);
  • where the law requires or authorises us to do so;
  • to others that you have been informed of at the time any personal information is collected from you;
  • with your consent (express or implied), to others.

Where the Privacy Act permits us to do so, we may also disclose your credit related information (in respect of commercial credit) to CRBs such as Equifax Australia (previously Veda) or Dunn & Bradstreet, if you apply for commercial credit or request to increase in your commercial credit limit with Aluform.

Where Aluform collects information that we are likely to disclose to a CRB, please note:

  • the CRBs may include that information in reports provided to Aluform to assist it to assess your creditworthiness;
  • if you fail to meet payment obligations in relation to commercial credit or commit a serious credit infringement, Aluform may be entitled to disclose this to the CRB;
  • if you are an individual you may access information from Aluform in accordance with this privacy policy and may access this information for the purpose of requesting Aluform to correct the information or make a complaint to

We do not disclose your personal information for any secondary purposes unless your consent has been given or as required by law, and we will not sell or license any personal information that we collect from you.

 

  1. How your personal information is stored and secured

We take reasonable steps to protect your personal information from loss, misuse or unauthorised access by restricting access to the information in electronic format and by appropriate physical and communications security.

If a substantial data breach has or may have occurred (for example, your personal information was shared with unauthorised persons) we will notify you as soon as is practicable.

We only keep your personal information for as long as it is required for the purpose for which it was collected or as otherwise required by law. We will take appropriate measures to destroy or permanently de-identity your personal information if we no longer need to retain it.  These measures may vary depending on the type of information concerned, the way it was collected and how it was stored.

 

  1. Using our Website and Cookies

As with most websites, when you visit our website or use an application on our website, we may record anonymous information such as IP address, time, date, referring URL, pages accessed and documents downloaded type of browser and operating system.

We may also use “cookies”. A cookie is a small file that stays on your computer until, depending on whether it is a sessional or persistent cookie, you turn your computer off or it expires. Cookies may collect and store your personal information. You may adjust your internet browser to disable cookies. If cookies are disabled you may still use our website, but the website may be limited in the use of some of the features.

Our website may also contain links to or from other websites. We are not responsible for the privacy practices of other websites. This privacy policy applies only to the information we collect on our website. We encourage you to read the privacy policies of other websites you link to from our website.

 

  1. Marketing and Opting-Out

We may exchange your personal information between our related entities and so they can also assist in the marketing of our products and services to you.

We will only offer you products or services, where we reasonably believe that they could be of interest or benefit to you.

At the point we collect information from you, you may be asked to “opt in” to consent to us using or disclosing your personal information.  You will generally be given the opportunity to “opt out” from receiving marketing communications from us.  You may “opt out” from receiving these communications by clicking on an unsubscribe link at the end of an email or by contacting us with this request.

 

  1. Cross border disclosure

Your personal information may also be processed by, or disclosed to employees, representatives, or other third parties operating outside of Australia who work for, or are engaged by us in other countries, including the United States of America.  For example, we may use a server hosted overseas to store data, which may include your personal information.

We will take reasonable steps, in the circumstances, before your personal information is disclosed to an overseas recipient, to ensure that the overseas recipient does not breach privacy laws in relation to your personal information (‘the reasonable steps’).

The reasonable steps may not apply if you consent to the disclosure of your personal information to an overseas recipient and we reasonably believe that the overseas receipt is subject to laws that are suitability similar to privacy laws in Australia.

If you consent to the disclosure of your personal information to an overseas recipient, the overseas recipient may not be accountable under the Privacy Act, and you will not be able to seek redress for breaches under the Privacy Act.

 

  1. Accurate and up-to-date information

We take reasonable steps to ensure your personal information is accurate, up-to-date and not misleading by updating its records whenever true and correct changes to the data come to its attention.

If you believe your information is incorrect, incomplete or not current, you can request that we update this information by contacting our Privacy Officer. To contact our Privacy Officer please see contact details below in paragraph 17.

We will correct information we hold about you if we discover, or you are able to show to a reasonable standard, the information is incorrect. If you seek correction and we disagrees that the information is incorrect, we will provide you with its reasons for taking that view.

We disregard information that seems likely to be inaccurate or out-of-date by reason of the time that has elapsed since it was collected or by reason of any other information in our possession.

 

  1. Access to your personal information

We acknowledge that you have a general right of access to information concerning you, and to have inaccurate information corrected. You are able to access the personal information we hold about you by contacting our Privacy Officer. If access is refused to your personal information for reasons permitted by the Privacy Act, we will give you a notice explaining our decision to the extent practicable and your options.

To contact our Privacy Officer please see contact details below. If you make an access request, we may ask you to verify your identity and put your request in writing for security reasons.  We may charge a reasonable administration fee to cover the costs of meeting your request. We will reply to your request for access within 30 days of notification by you.

 

  1. Dealing with unsolicited information

We take all reasonable steps to ensure that all unsolicited information is destroyed or de-identified immediately.

 

  1. Anonymity when dealing with us

Only where it practicable to do so, we may allow you the option not to identify yourself when dealing with us.

 

  1. Collecting sensitive information

Aluform does not collect sensitive information, unless it is specifically relevant and necessary for the purpose of our business activities and functions, and your consent is first obtained. All sensitive information that is collected is used in accordance with this privacy policy.

 

  1. Government identifiers

We do not use government identifiers (e.g. tax file numbers or Medicare numbers) to

identify individuals.

 

  1. Transfer of ownership

As we develop our business, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganisation, dissolution or similar event, your Personal Information may be part of the transferred assets. You acknowledge and agree that any successor to or acquirer of our business (or its assets) will continue to have the right to use your Personal Information in accordance with the terms of this Privacy Policy.

 

  1. Complaints and disputes

If you have reason to believe that we have not complied with our obligations relating to your personal information under this Privacy Policy or under the Privacy Act, please refer any compliant to queries to our Privacy Officer (details below).

We will ensure your compliant is handled by our Privacy Officer in an appropriate and reasonable manner. Were necessary we may consult with our related entities and partners in order to deal with your complaint. A written notice of our decision regarding your complaint will be provided to you. If you are not satisfied with the outcome, then you may contact the Office of the Australian Privacy Commissioner:

Office of the Australian Information Commissioner
Website: www.oaic.gov.au
Phone: 1300 363 992

 

  1. Who should you contact for further information?

Please refer any queries or complaints about our Privacy Policy or privacy issues to our:

 

Privacy Officer

Aluform Interior Supplies

ABN 93 249 846 401

19 Carrington Street,

Queanbeyan NSW 2620

 


Phone: (02) 6299 5817Email:   renee@aluforminteriors.com.au

 

Our Privacy Officer will consider your question or complaint and respond to you in a reasonable timeframe.

 

Last Updated  28  March 2019

 

Terms & Conditions of Trade

 

1. Definitions

1.1 “Seller” (shall mean H D & K M Brewer T/A Aluform Interior Supplies and its successors and assigns.

1.2 “Buyer” shall mean the Buyer or any person acting on behalf of and with the authority of the Buyer.

1.3 “Guarantor” means that person (or persons), or entity who agrees herein to be liable for the debts of the Buyer on a principal debtor basis.

1.4 “Goods” shall mean Goods supplied by the Seller to the Buyer (and where the context so permits shall include any supply of Services as hereinafter defined).

1.5 “Services” shall mean all services supplied by (he Seller to the Buyer and includes any advice or recommendations (and where the context so permits shall Include any supply of Goods as defined above).

1.6 “Price” shall mean the cost of the Goods as agreed between the Seller and the Buyer subject to clause 4 of this contract.

2. Acceptance

2.1 Any Instructions received by the Seller from the Buyer for the supply of Goods and/or the Buyers acceptance of Goods supplied by the Seller shall constitute acceptance of the terms and conditions contained herein.

2.2 Where more than one Buyer has entered into this agreement, the Buyers shall be jointly and severally liable for all payments of the Price.

2.3 Upon acceptance of these terms and conditions by the Buyer the terms and conditions are irrevocable and can only be rescinded in accordance with these terms and conditions or with the written consent of the manager of the Seller.

2.4 None of the Seller’s agents or representatives are authorised to make any representations, statements, conditions or agreements not expressed by the manager of the Seller in writing nor Is the Setter bound by any such unauthorised statements.

2.5 The Buyer undertakes to give the Seller not less than fourteen (14) days prior written notice of any proposed change in the Buyers name and/or any other change in the Buyer’s details (including but not limited to, changes in the Buyer’s address, facsimile number, or business practice).

3. Goods

3.1 The Goods are as described on the invoices, quotation, work authorisation or any other work commencement forms as provided by the Seller to the Buyer.

4. Price And Payment

4.1 At the Seller’s sole discretion the Price shall be either;

(a) as indicated on invoices provided by the Seller to the Buyer in respect of Goods supplied; or

(b) the Seller’s quoted Price (subject to clause 4.2) which shall be binding upon the Seller provided that the Buyer shall accept in writing the Seller’s quotation within thirty (30) days.

4.2 Any variation from the plan of scheduled woks or specifications will be charged for on the basis of the Seller’s quotation and will be shown as variations on the invoice. Payment for all variations must be made in full at their time of completion.

4.3 At the Seller’s sole discretion a deposit may be required. The deposit amount or percentage of the Price will be stipulated at the time of the order of the Goods and shall become immediately due and payable.

4.4 Time for payment for the Goods shall be of the essence and will be stated on the invoice, quotation or any other order forms. If no time is stated then payment shall be on delivery of the Goods.

4.5 At the Seller’s sole discretion, payment for approved Buyer’s shall be due on thirty (30) days following the end of the month In which a statement Is posted to the Buyer’s address or address for notices.

4.6 Payment will be made by cash on delivery, or by cheque, or by bank cheque, or by direct credit, or by any other method as agreed to between the Buyer and the Seller.

4.7 The Price shall be increased by the amount of any GST and other taxes and duties which may be applicable, except to the extent that such taxes are expressly included in any quotation given by the Seller.

5. Delivery Of Goods / Services

5.1 Delivery of the Goods shall be made to the Buyer’s address. The Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery, or delivery of the Goods shall be made to the Buyer at the Seller’s address.

5.2 Delivery of the Goods to a carrier, either named by the Buyer or failing such naming to a carrier at the discretion of the Seller for the purpose of transmission to the Buyer, is deemed to be a delivery of the Goods to the Buyer.

5.3 The costs of carriage and any insurance which the Buyer reasonably directs the Seller to incur shall be reimbursed by the Buyer (without any set-off or other withholding whatever) and shall be due on the date for payment of the Price. The carrier shall be deemed to be the Buyer’s agent.

5.4 Where there is no agreement that the Seller shall send the Goods to the Buyer, delivery to a carrier at limited carrier’s risk at the expense of the Buyer is deemed to be delivery to the Buyer.

5.5 The Seller may deliver the Goods by separate instalments (in accordance with the agreed delivery schedule). Each separate instalment shall be invoiced and paid for in accordance with the provisions in this contract of sale.

5.6 Delivery of the Goods to a third party nominated by the Buyer is deemed to be delivery to the Buyer for the purposes of this agreement.

5.7 The failure of the Seller to deliver shall not entitle either party to treat this contract as repudiated.

5.8 The Seller shall not be liable for any loss or damage whatever due to failure by the Seller to deliver the Goods (or any of them) promptly or at all.

6. Risk

6.1 If the Seller retains property in the Goods nonetheless, all risk for the Goods passes to the Buyer on delivery.

6.2 If any of the Goods are damaged or destroyed prior to property in them passing to the Buyer, the Seller is entitled, without prejudice to any of its other rights or remedies under these Terms and Conditions of Trade (including the right to receive payment of the balance of the Price for the Goods), to receive all insurance proceeds payable for the Goods. This applies whether or not the Price has become payable under the Contract. The production of these terms and conditions by the Seller is sufficient evidence of the Seller’s rights to receive the insurance proceeds without the need for any person dealing with the Seller to make further enquiries.

7. Buyer’s Disclaimer

7.1 The Buyer hereby disclaims any right to rescind, or cancel the contract or to sue for damages or to claim restitution arising out of any misrepresentation made to him by any servant or agent of the Seller and the Buyer acknowledges that he buys the Goods relying solely upon his own skill and Judgement.

8. Defects / Returns

8.1 The Buyer shall inspect the Goods on delivery and shall within seven (7) days of delivery notify the Seller of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote. The Buyer shall afford the Seller an opportunity to inspect the Goods within a reasonable time following delivery if the Buyer believes the Goods are defective in any way. If the Buyer shall fail to comply with these provisions, the Goods shall be conclusively presumed to be in accordance with the terms and conditions and free from any defect or damage.

8.2 For defective Goods, which the Seller has agreed in writing that the Buyer is entitled to reject, the Seller’s liability is limited to either (at the Seller’s discretion) replacing the Goods or repairing the Goods provided that:

(a) the Buyer has complied with the provisions of clause 8.1;

(b) the Goods are returned at the Buyer’s cost within fourteen (14) days of the delivery date;

(c) the Seller will not be liable for Goods which have not been stored or used in a proper manner;

(d) the Goods are returned in the condition in which they were delivered and with all packaging material in as new condition as is reasonably possible in the circumstances.

8.3 The Seller may (In its discretion) accept the Goods for credit but this may Incur a handling fee of 15% of the value of the returned Goods plus any freight.

9. Warranty

9.1 Subject to the conditions of warranty set out in Clause 9.2 the Seller warrants that if any defect in any workmanship of the Seller becomes apparent and is reported to the Seller within one (1) month of the date of delivery (time being of the essence) then the Seller will either (at the Sellers sole discretion) repair the defect or remedy the workmanship.

9.2 The conditions applicable to the warranty given by Clause 9,1 are:

(a) The warranty shall not cover any defect or damage which may be caused or partly caused by or arise through:

(i) Failure on the part of the Buyer to property maintain any Goods; or

(ii) Failure on the part of the Buyer to follow any instructions or guidelines provided by the Seller; or

(iii) Any use of any Goods otherwise than for any application specified on a quote or order form: or

(iv) The continued use of any Goods after any defect becomes apparent or would have become apparent to a reasonably prudent operator or user; or

(v) Fair wear and tear, any accident or act of God.

(b) The warranty shall cease and the Seller shall thereafter in no circumstances be liable under the terms of the warranty if the workmanship is repaired, altered or overhauled without the Seller’s consent.

(c) In respect of all claims the Seller shall not be liable to compensate the Buyer for any delay in either replacing or repairing the
workmanship/Goods or in properly assessing the Buyer’s claim.

9.3 For Goods not manufactured by the Seller, the warranty shall be the current warranty provided by the manufacturer of the Goods. The Seller shall not be bound by nor responsible for any term, condition, representation or warranty given by the manufacturer of the Goods.

10. The Commonwealth Trade Practices Act 1974 and Fair Trading Acts

10.1 Nothing in this agreement is intended to have the effect of contracting out of any applicable provisions of the Commonwealth Trade Practices Act 1974 or the Fair Trading Acts in each of the States and Territories of Australia, except to the extent permitted by those Acts where applicable.

11. Intellectual Property

11.1 Where the Seller has designed or drawn Goods for the Buyer, then the copyright in those designs and drawings shall remain vested in the Seller, and shall only be used by the Buyer at the Seller’s discretion.

11.2 The Buyer warrants that all designs or instructions to the Seller will not cause the Seller to infringe any patent, registered design or trademark in the execution of the Buyer’s order.

12. Default & Consequences Of Default

12.1 Interest on overdue invoices shall accrue from the date when payment becomes due daily until the date of payment at a rate of 2.5% compounding per calendar month and shalt accrue at such a rate after aswellt as before any judgement.

12.2 If the Buyer defaults in payment of any invoice when due, the Buyer shall indemnify the Seller from and against all the Seller’s Costs and disbursements including on a solicitor and own client basis and In addition all of the Seller’s nominees costs of collection.

12.3 Without prejudice to any other remedies the Seller may have, if at any time the Buyer is in breach of any obligation (including those relating to payment), the Seller may suspend or terminate the supply of Goods to the Buyer and any of its other obligations under the terms and conditions. The Seller will not be liable to the Buyer for any loss or damage the Buyer suffers because the Seller exercised its rights under this clause.

12.4 If any account remains unpaid at the end of the second month after supply of the Goods or Services an immediate amount of the greater of $20.00 or 10.00% of the amount overdue shall be levied for administration fees which sum shall become immediately due and payable.

12.5 In the event that:

(a) any money payable to the Seller becomes overdue, or in the Seller’s opinion the Buyer will be unable to meet its payments as they fall due; or

(b) the Buyer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or

(c) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Buyer or any asset of the Buyer, then without prejudice to the Seller’s other remedies at law:

(i) the Seller shall be entitled to cancel all or any part of any order of the Buyer which remains unperformed In addition to and without prejudice to any other remedies: and

(ii) all amounts owing to the Seller shall, whether or not due for payment, immediately become payable in addition to the interest payable under clause 12.1 hereof.

13. Title

13.1 It is the intention of the seller and agreed by the Buyer that property in the Goods shall not pass until:

(a) The Buyer has paid all amounts owing for the particular Goods, and

(b) The Buyer has met all other obligations due by the Buyer to the Seller in respect of all contracts between the Seller and the Buyer, arid that where practicable the Goods shall be kept separate until the Seller shall have received payment and alt other obligations of the Buyer are met.

13.2 Receipt by the Seller of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised and until then the Seller’s ownership of rights in respect of the Goods shall continue.

13.3 It is further agreed that:

(a) Until such time as ownership of the Goods shall pass from the Seller to the Buyer the Seller may give notice in writing to the Buyer to return the Goods or any of them to the Seller. Upon such notice the rights of the Buyer to obtain ownership or any other interest in the Goods shall cease.

(b) The Seller shall have the right of stopping the Goods in transit whether or not delivery has been made; and

(c) If the Buyer fails to return the Goods to the Seller then the Seller or the Seller’s agent may enter upon and into land and premises owned, occupied or used by the Buyer, or any premises as the invitee of the Buyer, where the Goods are situated and take possession of the Goods.

(d) The Buyer is only a bailee of the Goods and until such time as the Seller has received payment in full for the Goods then the Buyer shall hold any proceeds from the sale or disposal of the Goods on trust for the Seller.

(e) The Buyer shall not deal with the money of the Seller in any way which may be adverse to the Seller.

(f) The Buyer shall not charge the Goods in any way nor grant nor otherwise give any interest in the Goods while they remain the property of the Seller.

(g) The Seller may require payment of the Price or the balance of the Price due together with any other amounts due from the Buyer to the Seller arising out of these terms and conditions, and the Seller may take any lawful steps to require payment of the amounts due and the Price.

(h) The Seller can issue proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods may not have passed to the Buyer.
Until such time that ownership in the Goods passes to the Buyer, if the Goods are so converted, the parties agree that the Seller will be the Owner of the end products.

Security And Charge

Despite anything to the contrary contained herein or any other rights which the Seller may have howsoever:

(a) Where the Buyer and/or the Guarantor (it any) is the owner of land, realty or any other asset capable of being charged, both the Buyer and/or the Guarantor agree to mortgage and/or charge all of their joint and/or several interest in the said land, realty or any other asset to the Seller or the Seller’s nominee to secure all amounts and other monetary obligations payable under the terms and conditions. The Buyer and/or the Guarantor acknowledge and agree that the Seller (or the Seller’s nominee) shall be entitled to lodge where appropriate a caveat, which caveat shall be released once all payments and other monetary obligations payable hereunder have been met.

(b) Should the Seller elect to proceed in any manner in accordance with this clause and/or its sub-clauses, the Buyer and/or Guarantor shall indemnify the seller from and against all the Seller’s costs and disbursements including legal costs on a solicitor and own client basis.

(c) To give effect to the provisions of clause [(14.1 (a) and (b)] inclusive hereof the Buyer and/or the Guarantor (if any) do hereby irrevocably nominate constitute and appoint the Seller or the Seller’s nominee as the Buyer’s and/or Guarantor’s true and lawful attorney to execute mortgages and charges (whether registrable or not) including such other terms and conditions as the Seller and/or the Seller’s nominee shall think fit in his/her/its/their absolute discretion against the joint and/or several interest of the Buyer and/or the Guarantor in any land, realty or asset in favour of the Seller and in the Buyer’s and/or Guarantor’s name as may be necessary to secure the said Buyers and/or Guarantor’s obligations and indebtedness to the Seller and further to do and perform all necessary and other acts including instituting any necessary legal proceedings, and further to execute all or any documents in the Seller’s absolute discretion which may be necessary or advantageous to give effect to the provisions of this clause.

Cancellation

The Seller may cancel these terms and conditions or cancel delivery of Goods at any time before the Goods are delivered by giving written notice. The Seller shall not be liable for any loss or damage whatever arising from such cancellation.

Privacy Act 1988

The Buyer and/or the Guarantor/s agree for the Seller to obtain from a credit- reporting agency a credit report containing personal credit information about the Buyer and Guarantor/s in relation to credit provided by the Seller.

The Buyer and/or the Guarantor/s agree that the Seller may exchange information about Buyer and Guarantor/s with those credit providers named In the Application for Credit account or named in a consumer credit report issued by a reporting agency for the following purposes:

(a) To assess an application by Buyer

(b) To notify other credit providers of a default by the Buyer;

(c) To exchange information with other credit providers as to the status of this credit account, where the Buyer is In default with other credit providers; and

(d) To assess the credit worthiness of Buyer and/or Guarantor/s.
The Buyer consents to the Seller being given a consumer credit report to collect overdue payment on commercial credit (Section 18K(1 )(h) Privacy Act 1988),

The Buyer agrees that Personal Data provided may be used and retained by the Seller for the following purposes and for other purposes as shall be agreed between the Buyer and Seller or required by law from time to time:

(a) provision of Services & Goods;

(b) marketing of Services and/or Goods by the Seller, its agents or distributors in relation to the Services and Goods;

(c) analysing, verifying and/or checking the Buyer’s credit, payment and/or status In relation to provision of Services/Goods;

(d) processing of any payment instructions, direct debit facilities and/or credit facilities requested by Buyer; and

(e) enabling the daily operation of Buyer’s account and/or the collection of amounts outstanding in the Buyer’s account In relation to the Services and Goods.

The Seller may give information about the Buyer to a credit reporting agency for the following purposes:

(a) to obtain a consumer credit report about the Buyer; and/or

(b) allow the credit reporting agency to create or maintain a credit information file containing Information about the Buyer.

Unpaid Seller’s Rights

Where the Buyer has left any item with Seller for repair, modification, exchange or for the Seller to perform any other Service in relation to the Item and Seller has not received or been tendered the whole of the Price, or the payment has been dishonoured, the Seller shall have:

(a) a lien on the Item:

(b) the right to retain the item for the Price while the Seller is in possession of them;

(c) a right of resale,

(d) the foregoing right of disposal,

provided that the lien of the Sewer shall continue despite the Commencement of proceedings or judgement for the Price having been obtained.

General

If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.

All Goods supplied by the Seller are subject to the laws of New South Wales and the Seller takes no responsibility for changes in the law which affect the Goods supplied.

The Seller shall be under no liability whatever to the Buyer for any indirect loss and/or expense (including loss of profit) suffered by the Buyer arising out of a breach by the Seller of these terms and conditions,

In the event of any breach of this contract by the Seller the remedies of the Buyer shall be limited to damages. Under no circumstances shall the liability of the Seller exceed the Price of the Goods.

The Buyer shall not set off against the Price amounts due from the Seller.

The Seller may license or sub-contract all or any part of its rights and obligations without the Buyer’s consent.

The Seller reserves the right to review these terms and conditions at any time and from time to time, If, following any such review, there is to be any change in such terms and conditions, that change will take effect from the date on which the seller notifies the Buyer of such change.

Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock out, industrial action, fire, flood, drought, storm or other event beyond the reasonable control of either party.

Building and Construction Industry Security of Payments Act 1999

At the Sellers sole discretion, if there are any disputes or claims for unpaid Goods and/or Services then the provisions of the Building and Construction Industry Security of Payments Act 1999 may apply.

Nothing in this agreement is intended to have the affect of contracting out of any applicable provisions of the Building and Construction Industry Security of Payments Act 1999 of New South Wales, except to the extent permitted by the Act where applicable.

 

(c) Copyright — EC Credit Control Pty Ltd — 2005