1. DEFINITIONS
In these terms and conditions:
- "Supplier" means Technified Pty Ltd ABN 33 649 964 661
- "Customer" means the applicant for credit facilities
- "Goods" means all goods and/or services supplied by the Supplier
- "PPSA" means the Personal Property Securities Act 2009 (Cth)
2. PAYMENT TERMS
- Payment is due within 30 days from the date of invoice unless otherwise agreed in writing
- The Supplier reserves the right to vary payment terms at any time with 14 days written notice
- All amounts are stated exclusive of GST unless otherwise specified
- GST will be added to all invoices at the prevailing rate
3. RETENTION OF TITLE
- Title in the Goods shall not pass to the Customer until all amounts owing to the Supplier have been paid in full
- Until title passes, the Customer holds the Goods as bailee for the Supplier
- The Customer must store the Goods separately and clearly identified as the Supplier's property
- The Supplier may enter the Customer's premises to repossess Goods if payment is overdue
4. SECURITY INTEREST / PPSA
- The Customer acknowledges that these terms constitute a Security Agreement for the purposes of the PPSA
- The Customer consents to the Supplier registering its security interest on the Personal Property Securities Register
- The Customer waives its rights under sections 95, 96, 117, 118, 120, 121(4), 123, 125, 128, 129, 130, 132, 134(2), 135, 136(3), (4) and (5), 137, 142 and 143 of the PPSA
- The Customer agrees not to disclose information of the kind mentioned in section 275(1) of the PPSA
5. DEFAULT INTEREST & COSTS
- Interest at the rate of 1.5% per month (18% per annum) will be charged on all overdue amounts
- The Customer shall indemnify the Supplier for all costs incurred in recovering overdue amounts including:
- Legal costs on a full indemnity basis
- Debt collection agency fees
- Administrative costs
- Court filing fees
6. CREDIT LIMIT & ACCOUNT MANAGEMENT
- Credit limits are set at the Supplier's discretion and may be varied at any time
- The Supplier reserves the right to:
- Refuse supply if the credit limit would be exceeded
- Require cash on delivery terms at any time
- Suspend or terminate the credit account without notice if payment terms are breached
7. PERSONAL GUARANTEE
The person(s) signing below as Guarantor(s) hereby personally guarantee(s) the due and punctual payment of all monies now or hereafter owing to the Supplier by the Customer and indemnify the Supplier against all losses, costs and expenses incurred as a result of the Customer's default. This guarantee is a continuing guarantee and shall remain in force until terminated in writing by the Supplier.
8. PRIVACY COLLECTION STATEMENT
- The Supplier collects personal information to assess credit worthiness and manage the credit account
- Information may be obtained from and disclosed to:
- Credit reporting agencies
- Trade references
- Financial institutions
- Debt collection agencies (if required)
- The Supplier's Privacy Policy is available at www.technified.com.au/privacy
- You may access and correct your personal information by contacting us
9. DISPUTE RESOLUTION
- Any dispute arising shall first be subject to good faith negotiations between the parties
- If not resolved within 30 days, the dispute shall be referred to mediation
- These terms are governed by the laws of New South Wales
- The parties submit to the non-exclusive jurisdiction of the courts of New South Wales
10. GENERAL TERMS
- The Supplier may vary these terms with 14 days written notice
- If any provision is invalid or unenforceable, the remaining provisions continue in full force
- The Customer consents to receiving invoices and notices electronically
- These terms constitute the entire agreement between the parties