TERMS & CONDITIONS OF SALE AND CREDIT HEADLIGHT & HEATER
CO. PTY LTD
ABN 45 953 553 746
These Terms and Conditions of Sale and Credit apply to the
establishment, operation and use of The Customer’s credit account with HEADLIGHT
& HEATER CO. PTY LTD ABN 45 953 553 746, acceptance of which is evidenced by The
Customer’s execution of the Credit Account Application Form (Application).
DEFINITIONS AND INTERPRETATION
‘H&H’ shall mean HEADLIGHT & HEATER CO. PTY LTD,
‘The Supplier’.
Conditions mean these Terms & Conditions of Sale and
Credit.
Customer means the party making the application for
Credit.
Goods mean any goods supplied by the Supplier.
Supplier means, in connection with the supply of any
goods from Headlight & Heater to the Customer.
Insolvency Event means, for the Customer, as
applicable, being in liquidation or provisional liquidation, bankruptcy or under
administration, having a controller (as defined in the Corporations Act 2001) or
analogous person appointed to the Customer or any of the Customer’s property,
being taken under section 459F(1) of the Corporations Act to have failed to
comply with a statutory demand, being unable to pay the Customer’s debts, dying,
ceasing to be of full legal capacity or otherwise becoming incapable of managing
the Customer’s own affairs for any reason, taking any step that could result in
the Company becoming an insolvent under administration (as defined in section 9
of the Corporations Act 2001), entering into a compromise or arrangement with,
or assignment for the benefit of, any of the Customer’s members or creditors, or
any analogous event.
GENERAL
1. The Customer warrants that the information
provided in the Application is accurate, correct and complete and is supplied
for the purposes of obtaining credit.
2. The Customer agrees that it is not entitled to
any credit facilities until it receives notice in writing from H&H stating that
credit facilities have been given and confirming the terms and conditions upon
which such credit facilities are given. Until The Customer receives such notice,
any products and/or services that are supplied by H&H to The Customer will be on
the basis of pre-payment.
3. The parties agree that, if prior to formally
approving credit, H&H grants to The Customer time to pay for any products and/or
services supplied, it does so on these Terms.
4. In the
event of H&H granting credit facilities to The Customer then it is agreed;
a) all accounts are
to be settled in full within the agreed trading terms applicable to the credit
terms granted. Credit facilities may only continue if payment is maintained in
accordance with those agreed trading terms.
b) should the Customer default in making any payment in
accordance with the agreed trading terms, then all monies owing to H&H shall
immediately become due and payable.
Accounts outside of trading terms (term or amount) will be placed on hold until
such time as the trading terms are met.
Continual breaches of trading terms will result in accounts being placed
on hold, reduction in credit limit or cancellation.
c) any reasonable expense and/or costs or disbursements
incurred by H&H in recovering any outstanding monies including debt Collection
agency fees and legal costs shall be paid by The Customer.
d) it is expressly understood and agreed that this credit
arrangement may be terminated at any time by H&H. In that event, all monies
owing to H&H will be immediately due and payable.
e) H&H may at any stage during the continuance of the
credit arrangement impose as a condition precedent to the grant of further
credit that The Customer give such security or additional security or
information as H&H shall in its discretion think fit and in a form acceptable to
H&H shall be entitled to withhold supply of goods or further credit until such
security or additional security is obtained.
f) H&H reserves the right to ownership of goods purchased
until payment has been received in full.
5. MEANS AND ABILITY TO PAY
The Customer warrants that it is solvent and has the future
ability to pay all of its debts as and when they fall due.
6. PAYMENT TERMS
All credit orders are accepted by H&H subject to
satisfactory credit approval of the Customer and are governed by H&H credit
terms and conditions in force at the time of order placement, including the
right to charge interest on overdue payments. Where credit approval has not been
granted, is withdrawn, or customer account is strictly C.O.D, pre-payment for
all goods being supplied is required prior to despatch of order/s. Pre-payment
can be made via credit card or where credit has been granted, payment for the
goods invoiced is to be made in accordance with the relevant account terms: For
14 day Trading account: 14 days
trading account, with payment due within 14 days of invoice date. For 30 day
Trading account: 30 days trading
account, with payment due within 30 days of invoice date.
Payment must be made in full without set off or deduction. H&H reserves
the right to charge a Credit Card Surcharge of 1.0% per transaction in the event
payments are made using a credit, debit or charge card including Visa &
MasterCard. Payment can be made by
direct deposit to HEADLIGHT & HEATER CO. PTY LTD, BSB: 063-512 Account:
10967556. Cheques or money orders
are payable to HEADLIGHT & HEATER CO. PTY LTD.
7. RETURNS
Returns will only be accepted provided that:
(a) H&H has agreed to accept the return of the Goods; and
(b) the Goods are returned to H&H within thirty (30) days
of the delivery date; and
(c) H&H will not be liable for Goods which have not been
stored or used in a proper manner; and
(d) the Goods are returned in the condition in which they
were delivered and with all packaging material, brochures and instruction
material in ‘as new’ condition as is reasonably possible in the circumstances.
(e) a restocking fee of 20% of the purchase price will
apply to all returns.
8. INACTIVE ACCOUNTS
If a Customer has
not used a credit facility for 6 months, they may be required to complete and
submit a new Account Credit Application Form, however this will be in addition
to (and will not derogate from nor affect) any obligation of the Customer or any
Guarantor which arose under and preceding Account Credit Application Form or
Personal Guarantee & Indemnity.
9. TRUSTS
Where The Customer is a trustee, The Customer warrants that
it is the only trustee of the trust and will remain trustee of the trust, it is
not aware of any action having been taken to remove it as trustee of the trust,
it has the power under the trust deed to enter into and observe its obligations
under these Terms and the assets of the trust shall be available to meet payment
of any monies due and owing to H&H.
10. CHANGE OF OWNERSHIP / PARTICULARS
The Customer will
notify H&H no later than 14 days after any change of ownership, change in
particulars, any alteration or addition to shareholders or directors, and any
change, alteration or addition in The Customer’s internal structure and senior
management.
11. PRIVACY STATEMENT
The Customer
consents to H&H collecting, disclosing and exchanging personal information about
them for the purpose of assessing The Customer’s or Guarantor’s credit
application, credit worthiness and credit information (including for the purpose
of seeking information from a credit reporting agency and referees provided in
this Application). The information which may be given includes particulars of
The Customer’s identity, the fact that The Customer has applied for credit and
the amount of such credit and information about any defaults by The Customer.
The Customer further consents to H&H disclosing information about The Customer
to its subsidiaries, agents and advisers.
Customer information may also be used by H&H for account servicing and
direct marketing purposes. The
parties agree that these Terms shall be governed and construed in accordance
with the laws of the State of Queensland and the parties agree to submit to the
jurisdiction of the Courts of that State.
ACKNOWLEDGEMENT
HEADLIGHT & HEATER
CO. PTY LTD Terms and Conditions of Sale and Credit form the agreement between
the parties and are binding on the parties. These Terms and Conditions of Credit
and Sale will prevail over any subsequent document issued by the Customer. If
the Application is received in electronic format, it is constituted as an
original document.
ACCOUNT TERMINATION
HEADLIGHT & HEATER
CO. PTY LTD reserves the right to terminate account terms or withhold supply to
any reseller.
