Credit Terms
1. Definitions
For the purpose of this Agreement, the terms used to define
the parties shall be as stated in the Perkins Shipping Bill of Lading.
2. Jurisdiction.
a.
Not withstanding any legal interpretation
to the contrary, the Terms and Conditions contained herein constitute a contract,
and shall be deemed to be enforceable in, and not in conflict with, the laws of
The Northern Territory of Australia.
3. Offer and Acceptance
a.
Any requests from the Merchant to the Carrier
for the supply of Services either verbal, or in writing, and/or the Merchant’s signature
on the invoice, quote, or any other document supplied by the Carrier to the Merchant
shall constitute acceptance of the terms and conditions contained herein.
b.
If more than one Merchant enters into this
agreement, each Merchant shall be equally liable for all payments of the Price.
c.
The Buyer agrees to notify the Seller in
writing within seven (7) days of any change whatsoever in ownership structure, and
further indemnifies the Seller against any loss or damage that may result from the
Buyer’s failure to notify the Seller of any such change.
d.
Any orders placed by the Merchant based
on a quote given by the Carrier will not be binding until it has been accepted by
the Carrier in writing.
e.
Once accepted, these terms are binding,
and this agreement may only be altered or revoked, with the written consent of the
Carrier.
f.
None of the Carrier’s related corporations
or their respective officers, employees, agents, contractors, or representatives
are authorised to make any, conditions or agreements not contained within these
terms of carriage, nor is the Carrier bound by any such unauthorised arrangements.
4. Price
a.
The price will be determined as per the
quote given on the invoice, quote, purchase order, or any other documentation received
by the Merchant from the Carrier; or
b.
The price will refer to the Carriers current
price as it appears on the price list
c.
The Carrier agrees to be bound by the quote
for a period of Thirty (30) days, after which time, a new price may need to be determined.
d.
The Carrier may increase the price before
the provision of the Services by giving notice to the Merchant either verbally,
or in writing, to cover any unexpected costs incurred as a result of circumstances
beyond the Carrier’s control.
e.
All GST will be added to the price, and
shown on any invoice, quote, or any other documentation provided to the Merchant
by the Carrier.
5. Payment
a.
Any deposit required by the Carrier is due
immediately, and non refundable.
b.
The Merchant agrees to pay the Carrier,
the price for the Services, within the agreed time for payment.
c.
Payment terms will be described on the invoice,
quote, purchase order, or any other documentation supplied to the Merchant from
the Carrier.
d.
If no payment terms are stated, then payment
will be due upon the delivery of the Goods
e.
In the case of a credit facility being granted
to the Merchant, payment will be due Thirty (30) days after the date of the invoice.
f.
The Carrier reserves the right to withhold
provision of Services until payment in full has been received from the Merchant.
g.
Payment will be made by cash, cheque, credit
card, or any other method agreed to between the Merchant and the Carrier.
6. Cancellation
a.
The Carrier may cancel their obligations
under the terms of this agreement before the provision of Services at any time by
giving written notice. The Carrier shall not be liable for any loss or damage, either
directly or indirectly arising from the Carrier exercising their rights under this
agreement.
b.
At the Carriers sole discretion, the Merchant
may cancel the provision of Services.
c.
In the event that the Merchant cancels the
provision of Services, the Merchant shall be liable for any costs incurred by the
Carrier up to the time of cancellation.
7. Risk
a.
All risk passes to the Merchant upon delivery.
b.
The Carrier is not a common carrier and
enters into this agreement based only on the Terms of Carriage stated herein. The
Carrier reserves the right to refuse the provision of Services at its sole discretion.
c.
Unless otherwise agreed in writing, the
Carrier does not insure the Goods during transit, it is the responsibility of the
Merchant to arrange and pay for any insurance for the Goods before, during, and
after transit.
8. Privacy Act
a.
The Merchant and/or the Guarantor/s agree
for the Carrier to obtain a credit report from a credit-reporting agency containing
individual credit information about the Merchant and Guarantor/s in relation to
credit provided by the Carrier.
b.
The Merchant and/or the Guarantor/s agree
that the Carrier may obtain information about the Merchant and Guarantor/s from
a Credit Reporting Agency, or other credit providers named in the Application for
Credit Account, or named in a Credit Report issued by a Credit Reporting Agency
for the following purposes:
·
To assess an application by Merchant;
·
To notify other credit providers of a default by the Merchant;
·
To exchange information with other credit providers as to the status of this credit
account, where the Merchant is in default with other credit providers; and
·
To assess the credit worthiness of Merchant and/or Guarantor/s.
c.
The Merchant hereby gives consent to the
Carrier being given a credit report to collect overdue payment on commercial credit
(Section 18K (1) (h) Privacy Act 1988).
d.
The Merchant agrees that any information
provided may be kept on file by the Carrier and used in future for the purposes
of:
·
Provision of Services
·
Marketing of Services by the Carrier, its agents, distributors, or contractors.
·
Assessing the credit worthiness of the Merchant in relation to extending further
credit.
·
Processing of any payment instructions, direct debit facilities and/or credit facilities
requested by Merchant.
·
Collection of amounts outstanding in the Merchant’s account in relation to the Services.
·
any other purposes as shall be agreed between the Merchant and Carrier or required
by law from time to time
e.
The Carrier may give, information about
the Merchant to a credit reporting agency for the following purposes:
·
To obtain a credit report about the Merchant; and or
·
Allow the credit reporting agency to create or maintain a credit information file
containing information about the Merchant including defaults.
9. Merchants Disclaimer
a.
The Merchant hereby surrenders any right
to cancel the contract or to hold the Carrier responsible for any misrepresentation
made to the Merchant by any servant, agent, or subcontractor of the Carrier, and
the Merchant acknowledges that he buys the Services relying solely upon his own
skill and judgment.
10. Cut-off date for Claims
a.
The Merchant is to arrange an inspection
of the Goods upon delivery and notify the Carrier of any alleged defect, damage,
or failure to comply with the contract or quote within forty eight (48) hours of
delivery.
b.
The Carrier will be given the opportunity
to rectify any discrepancies within a reasonable time following delivery if the
Merchant believes the Services have not fulfilled the agreement.
c.
If the Merchant fails to notify the Carrier
within this timeframe, the Services shall be presumed to be in accordance with the
terms and conditions and that the Carrier has fulfilled their obligations under
this agreement.
d.
The Carrier may (at its sole discretion)
issue a credit but this may incur an administration fee of 20% of the value of the
Services.
11. Warranty
The Merchant hereby warrants that;
a.
The Goods are in a condition suitable for
transport, and have been properly packaged for that purpose.
b.
Any other party with any interest in the
Goods whatsoever has given their consent for the Merchant to enter into this agreement.
c.
Any Goods of a mechanical nature which may
require operation by us or a subcontractor during the course of supplying our Services
are in sound working order.
d.
An accurate description of the Goods has
been supplied either verbally or in writing.
e.
Any Goods which are deemed by the Carrier
to be, or may become dangerous, explosive, hazardous, or harmful to any person or
property in any way whatsoever are able to be disposed of, destroyed, or rendered
harmless by the Carrier at the expense of the Merchant, without affecting the Merchant’s
obligation to pay for the Services of the Carrier.
12. Default
a.
If the Merchant should fail to pay the price
to the Carrier when it becomes due, the Merchant will be responsible for any additional
costs associated with recovery of the outstanding amounts, including but not limited
to the cost of a solicitor, and any cost incurred by the Carrier’s nominated debt
collection agency.
b.
Interest on overdue accounts will be charged
from the date when they were due for payment, and will be charged at a rate equal
to that charged by the Carrier’s current overdraft rate and shall accrue at such
a rate until payment in full is received from the Merchant.
c.
Should the Merchant as a company or business,
become subject to external administration, or as an individual, commit an act of
bankruptcy, any monies owed to the Carrier shall become payable immediately, and
the Carrier Reserves the right to suspend or terminate the supply of Services to
the Merchant.
d.
Should the invoice remain in arrears for
a period of over thirty (30) days, the Carrier;
·
Reserves the right to suspend or terminate the supply of Services to the Merchant.
·
The Carrier will not be liable to the Merchant for any loss or damage incurred,
either directly, or indirectly arising from the Carrier exercising their rights
under this clause.
13. The Commonwealth Trade
Practices Act 1974 and Fair Trading Acts
a.
Nothing contained in these Terms and Conditions
is intended to exclude any conditions, warranties, rights or remedies which the
Merchant may have pursuant to the Commonwealth Trade Practices Act 1974 or other
legislation except to the extent permitted by those acts.