Terms­-and-­conditions

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TERMS AND CONDITIONS OF CREDIT

  1. In applying for credit with Specialised Pavement Services Pty Ltd. , I/we (the Customer) acknowledge that any credit (the credit facility) granted following this application will be subject to the terms and conditions stated in this application or as subsequently varied by Specialised Pavement Services Pty Ltd at its discretion and notified to the Customer.
  2. Payment terms are “Net 30 Days”, payment being due within 30 days from the date of invoice unless alternative terms are agreed upon by Specialised Pavement Services Pty Ltd, in writing.
  3. Any credit limit approved by Specialised Pavement Services Pty Ltd. and advised to the Customer must not be exceeded. Specialised Pavement Services Pty Ltd. will periodically review its credit limits. The Customer agrees that Specialised Pavement Services Pty Ltd, may review and revise the Customer’s credit limit at any time. Specialised Pavement Services Pty Ltd, may increase or reduce the Customer’s credit limit at the Customer’s request. Specialised Pavement Services Pty Ltd, may also reduce the Customer’s credit limit without request, but Specialised Pavement Services Pty Ltd will not reduce the Customer’s credit limit below the outstanding balance on the account at the time of the reduction without prior communication with the Customer.
  4. Specialised Pavement Services Pty Ltd reserves the right to pursue collection of outstanding amounts. Related costs including but not limited to external collection agent fees, legal and court costs may be added to the outstanding amount owed under the credit facility.
  5. The Customer indemnifies and holds harmless Specialised Pavement Services Pty Ltd, and its officers, employees and agents from and against all actions, claims, proceedings or demands which may be brought or made against it or them or any of them in respect of any loss, injury, or damage arising out of any breach of these terms and conditions by the Customer or any negligent act or omission by the Customer and from and against all damages, costs and expenses incurred in defending or settling any action, claim, proceeding or demand arising from such breach, act or omission.
  6. The Customer accepts and acknowledges that Specialised Pavement Services Pty Ltd, may disclose information disclosed in the course of this credit application to a credit reporting agency.
  7. The Customer agrees to Specialised Pavement Services Pty Ltd obtaining personal information from any credit reporting agency or a credit provider for the purpose of assessing any application submitted by or on behalf of the Customer for commercial credit (including information as to creditworthiness); and agrees to that agency or provider providing that information to Specialised Pavement Services Pty Ltd, for that purpose.
  8. The Customer agrees to Specialised Pavement Services Pty Ltd. obtaining from, and provision by, any such credit reporting agency or credit provider further credit reports, which may assist Specialised Pavement Services Pty Ltd, in recovering any sums outstanding under the terms of the credit facility to which this application may lead.
  9. Specialised Pavement Services Pty Ltd. is not liable for any costs incurred in the completing of this form. The Customer is responsible for any stamp duty or other government charges levied on or in connection with this application or any associated credit facility or guarantee.
  10. The Customer agrees that it is the responsibility of the Customer to advise Specialised Pavement Services Pty Ltd. of any change of address or contact information in writing within a timely manner and no later than 30 days from the date that the change is effective.
  11. In the event of a dispute regarding an outstanding amount: (a) the Customer agrees that the dispute will be dealt with as follows: (i) the Customer will give Specialised Pavement Services Pty Ltd, a written notice setting out the amount and full particulars of the dispute, including the reasons the Customer disputes the amount, and the contact details of a nominated representative with authority to settle the dispute on behalf of the Customer; (ii) the Customer’s representative and Specialised Pavement Services Pty Ltd, will try to settle the dispute by direct negotiation between them; (iii) the parties will attempt to achieve a speedy resolution; and (iv) if the parties have been unable to settle the dispute within 28 days either party may commence legal proceedings (b) the Customer will remain liable for the amount and full payment of all invoices required by the due date (unless Specialised Pavement Services Pty Ltd,  otherwise consents in writing); and (c) this clause does not apply to: (i) legal proceedings by either party seeking urgent interlocutory relief; or (ii) any action by Specialised Pavement Services Pty Ltd, under clauses 15 to 21.
  12. Specialised Pavement Services Pty Ltd. may request the Customer to provide general purpose financial reports and other financial information for the assessment of this credit application.

 

Director’s Guarantee

  1. If the Customer is a body corporate, Specialised Pavement Services Pty Ltd may at any time before or during the operation of the credit facility require one or more of the Customer’s directors and/or officers to guarantee repayment of the credit facility. If a director/officer who has provided such a guarantee vacates their office, the Customer must notify Specialised Pavement Services Pty Ltd, in writing within 14 days.

Confidentiality of information

  1. Except as required by law, Specialised Pavement Services Pty Ltd. will only use or disclose the Customer’s personal information as necessary for the assessment and administration of the credit facility – for example, to accounts receivables staff or to external auditors. Termination, Suspension and Default
  2. In the event that full payment is not received by the due date the credit facility may be suspended or cancelled without notice. Reinstatement of credit terms after any suspension will be at the discretion of Specialised Pavement Services Pty Ltd.
  3. The Customer acknowledges that Specialised Pavement Services Pty Ltd may suspend or terminate the credit facility immediately (with or without written notice), if the Customer:

(a) obtains credit by fraud, dishonesty or omission; or

(b) allows the amount of a monthly statement to remain unpaid for more than 30 days from its due date; or

(c) breaches any of these terms and conditions; or

(d) being an individual, commits an act of bankruptcy; or (e) being a body corporate, becomes externally administered; or if:

(f) Specialised Pavement Services Pty Ltd.  believes that the continued use of the credit facility may cause loss or damage to the Customer or Specialised Pavement Services Pty Ltd. ; or

(g) in the opinion of Specialised Pavement Services Pty Ltd, any change in circumstances, including, without limitation, changes in the Customer’s constitution, ownership, membership, control status or ability to provide security for payment of amounts which have or are likely to be charged to the credit facility, makes the continuance of the application undesirable or unsatisfactory; or

(h) where one or more persons guarantee the Customer’s obligations under the credit facility – that person or those persons withdraws his, her or their guarantee.

  1. Subject to any relevant legislative requirement, in the event the Customer breaches any of these terms and conditions, Specialised Pavement Services Pty Ltd. reserves the right to notify credit reporting agencies of that breach. The Customer acknowledges that any damages suffered by the Customer as a result of the listing is solely the Customer’s responsibility and holds Specialised Pavement Services Pty Ltd, and its officers, employees and agents safe from claim in respect of any damages.
  2. If the credit facility is suspended or cancelled then Specialised Pavement Services Pty Ltd. may require immediate payment of all outstanding amounts. Suspension or cancellation does not affect any of the Customer’s obligations in respect of the credit facility.
  3. The Customer must pay to Specialised Pavement Services Pty Ltd, all amounts reasonably incurred or expended by Specialised Pavement Services Pty Ltd, in exercising its rights as a result of a breach of these terms and conditions by the Customer or as a result of any circumstance referred to in clause 16.

Variations

  1. Specialised Pavement Services Pty Ltd, may vary these terms and conditions with respect to future transactions between Specialised Pavement Services Pty Ltd and the Customer:

(a) by agreement between Specialised Pavement Services Pty Ltd and the Customer; or

(b) by Specialised Pavement Services Pty Ltd.  giving to the Customer not less than 21 days’ prior written notice specifying the variation and the date on which the variation becomes effective.

  1. Notice of the variation under this clause need not be sent separately and may be sent with the Customer’s statement of account or as part of any other correspondence.