Account Terms & Conditions

1. Price and Payment

1.1 At the Contractor’s sole discretion the Price shall be either:

1. as indicated on any invoice provided by the Contractor to the Customer; or
2. the Contractor’s quoted price (subject to clause 1.2) which will be valid for the period stated in the quotation or otherwise for a period of thirty (30) days.

1.2 The Customer acknowledges that the Contractor may (at their sole discretion) increase any charges stated herein at any time, without providing notice to the Customer, and reserves the right to change the Price if a variation to the Contractor’s quotation is requested. Any variation from the plan of scheduled works or specifications (including, but not limited to, any variation as a result of additional works required due to hidden or unidentifiable difficulties, increases to the Consumer Price Index (CPI), or as a result of increases to the Contractor in the cost of disposal, materials and labour) will be charged for on the basis of the Contractor’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.

1.3 At the Contractor’s sole discretion a deposit may be required.

1.4 Time for payment for the Goods/Equipment/Service(s) being of the essence, the Price will be payable by the Customer on the date/s determined by the Contractor, which may be:

1. on delivery of the Goods/Equipment/Service(s);
2. before delivery of the Goods/Equipment/Service(s);
3. by way of instalments/progress payments in accordance with the Contractor’s payment schedule;
4. fourteen (14) days following the end of the month in which a statement is posted to the Customer’s address or address for notices;
5. the date specified on any invoice or other form as being the date for payment; or
6. failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Customer by the Contractor.

1.5 Payment may be made by cash, cheque, bank cheque, electronic/on-line banking, credit card (plus a surcharge of up to four percent (4%) of the Price), or by any other method as agreed to between the Customer and the Contractor.

1.6 Unless otherwise stated the Price does not include GST. In addition to the Price the Customer must pay to the Contractor an amount equal to any GST the Contractor must pay for any supply by the Contractor under this or any other agreement for the sale of the Goods/hire of the Equipment/Service(s). The Customer must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Customer pays the Price. In addition the Customer must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.

2. Default and Consequences of Default

2.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at the Contractor’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.

2.2 If the Customer owes the Contractor any money the Customer shall indemnify the Contractor from and against all costs and disbursements incurred by the Contractor in recovering the debt (including but not limited to internal administration fees, debt collection costs, legal costs on a solicitor and own client basis, the Contractor’s contract default fee, and bank dishonour fees).

2.3 Without prejudice to any other remedies the Contractor may have, if at any time the Customer is in breach of any obligation (including those relating to payment) under these terms and conditions the Contractor may suspend or terminate the supply of Goods/Equipment/Service(s) to the Customer. The Contractor will not be liable to the Customer for any loss or damage the Customer suffers because the Contractor has exercised its rights under this clause.

2.4 Without prejudice to the Contractor’s other remedies at law the Contractor shall be entitled to cancel all or any part of any order of the Customer which remains unfulfilled and all amounts owing to the Contractor shall, whether or not due for payment, become immediately payable if:

1. any money payable to the Contractor becomes overdue, or in the Contractor’s opinion the Customer will be unable to make a payment when it falls due;
2. the Customer 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
3. a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer.

3. Privacy Act 1988

3.1 The Customer agrees for the Contractor to obtain from a credit reporting body (CRB) a credit report containing personal credit information (e.g. name, address, D.O.B, occupation, previous credit applications, credit history) about the Customer in relation to credit provided by the Contractor.

3.2 The Customer agrees that the Contractor may exchange information about the Customer with those credit providers and with related body corporates for the following purposes:

1. to assess an application by the Customer; and/or
2. to notify other credit providers of a default by the Customer; and/or
3. to exchange information with other credit providers as to the status of this credit account, where the Customer is in default with other credit providers; and/or
4. to assess the creditworthiness of the Customer including the Customer’s repayment history in the preceding two years.

3.3 The Customer consents to the Contractor being given a consumer credit report to collect overdue payment on commercial credit.

3.4 The Customer agrees that personal credit information provided may be used and retained by the Contractor for the following purposes (and for other agreed purposes or required by):

1. the provision of Goods/Equipment/Service(s); and/or
2. analysing, verifying and/or checking the Customer’s credit, payment and/or status in relation to the provision of Goods/Equipment/Service(s); and/or
3. processing of any payment instructions, direct debit facilities and/or credit facilities requested by the Customer; and/or
4. enabling the collection of amounts outstanding in relation to the Goods/Equipment/Service(s).

3.5 The Contractor may give information about the Customer to a CRB for the following purposes:

1. to obtain a consumer credit report;
2. allow the CRB to create or maintain a credit information file about the Customer including credit history.

3.6 The information given to the CRB may include:

1. personal information as outlined in 3.1 above;
2. name of the credit provider and that the Contractor is a current credit provider to the Customer;
3. whether the credit provider is a licensee;
4. type of consumer credit;
5. details concerning the Customer’s application for credit or commercial credit (e.g. date of commencement/termination of the credit account and the amount requested);
6. advice of consumer credit defaults, overdue accounts, loan repayments or outstanding monies which are overdue by more than sixty (60) days and for which written notice for request of payment has been made and debt recovery action commenced or alternatively that the Customer no longer has any overdue accounts and the Contractor has been paid or otherwise discharged and all details surrounding that discharge(e.g. dates of payments);
7. information that, in the opinion of the Contractor, the Customer has committed a serious credit infringement;
8. advice that the amount of the Customer’s overdue payment is equal to or more than one hundred and fifty dollars ($150).

3.7 The Customer shall have the right to request (by e-mail) from the Contractor:

1. a copy of the information about the Customer retained by the Contractor and the right to request that the Contractor correct any incorrect information; and
2. that the Contractor does not disclose any personal information about the Customer for the purpose of direct marketing.

3.8 The Contractor will destroy personal information upon the Customer’s request (by e-mail) or if it is no longer required unless it is required in order to fulfil the obligations of this agreement or is required to be maintained and/or stored in accordance with the law.

3.9 The Customer can make a privacy complaint by contacting the Contractor via e-mail. The Contractor will respond to that complaint within seven (7) days of receipt and will take all reasonable steps to make a decision as to the complaint within thirty (30) days of receipt of the complaint. In the event that the Customer is not satisfied with the resolution provided, the Customer can make a complaint to the Information Commissioner at www.oaic.gov.au.