1. Price and Payment
| 1.1 |
The Services shall be as described on any invoices, quotation, work authorisation, or any other forms which are provided by the Seller to the Buyer. |
| 1.2 |
The Price shall be as indicated on invoices provided by the Seller to the Buyer in respect of the Services supplied. |
| 1.3 |
Time for payment for the Services 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 Services. |
| 1.4 |
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.
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2. Default & 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 Seller’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment. |
| 2.2 |
If the Buyer defaults in payment of any invoice when due, the Buyer shall indemnify the Seller from and against all costs and disbursements incurred by the Seller in pursuing the debt including legal costs on a solicitor and own client basis and the Seller’s collection agency costs.
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3. Error and Omissions
| 3.1 |
The Buyer shall inspect the Services on delivery and shall within seven (7) days of delivery notify the Seller of any alleged defect, shortage in quantity, errors, omissions or failure to comply with the description or quote. The Buyer shall afford the Seller an opportunity to inspect the Services within a reasonable time following delivery if the Buyer believes the Services are defective in any way. If the Buyer shall fail to comply with these provisions, the Services shall be conclusively presumed to be in accordance with the terms and conditions and free from any defect or damage. |
| 3.2 |
For defective Services, 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 Services or rectifying the Services provided that the Buyer has complied with the provisions of clause 3.1.
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4. Privacy Act 1993
| 4.1 |
The Buyer and the Guarantor/s (if separate to the Buyer) authorises the Seller to:
| 4.1.1 |
collect, retain and use any information about the Buyer, for the purpose of assessing the Buyer’s creditworthiness or marketing products and services to the Buyer; and |
| 4.1.2 |
to disclose information about the Buyer, whether collected by the Seller from the Buyer directly or obtained by the Seller from any other source, to any other credit provider or any credit reporting agency for the purposes of providing or obtaining a credit reference, debt collection or notifying a default by the Buyer. |
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| 4.2 |
Where the Buyer is an individual the authorities under (clause 5.1) are authorities or consents for the purposes of the Privacy Act 1993. |
| 4.3 |
The Buyer shall have the right to request the Seller for a copy of the information about the Buyer retained by the Seller and the right to request the Seller to correct any incorrect information about the Buyer held by the Seller
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