You acknowledge credit provided by Tradelink is wholly and predominantly for business purposes.
To assist us with processing your application, please ensure you have the following information ready
Collection of personal information
The kinds of personal information that we collect and hold includes names, contact details, employment history, educational qualifications, government related identifiers (e.g. tax file and inland revenue numbers, driver licence information),and other information you voluntarily provide to us, complaint details and other information for our business functions and activities.
We may also collect sensitive information, such as membership of a trade union or professional association, health information and insurance policy information in respect of contractors and prospective employees.
We usually collect personal information directly from the relevant individual. We may collect your personal information when you communicate with us, such as when you:
(a) make inquiries about us, our products and services or contact us for any other reason so that we can process, deal with and respond to your queries or other issues including any complaints; or
(b) contact, register with, post to, like or follow any of our social media websites, pages, forums or blogs; or
(c) use or register on our website; or
(d) register a product you have purchased or subscribe to any of our services; or
(e) register for and attend at events; or
(f) make applications for prospective employment and contracting opportunities with us; or
(g) subscribe to a newsletter, fill out a form or survey, enter or participate in any competitions or promotions.
Collection of personal information on our website or our social media pages will either be made clear from the context (e.g. request to complete information fields) or will state to the user that personal information is being collected.
In addition we may collect information through click tracking (in relation to your use of our website including the content you access and any services you utilise) and through log files or cookies (as further detailed below).
If you do not provide personal information that we request in connection with our activities, we may not be able to provide some or all of our products or services to you or be able to respond and assist in the manner required.
We collect, use, hold and disclose your personal information for the purposes of conducting our functions and business activities, including:
(a) names and contact details, to provide our products and services to our customers and information and all services relating to our products and services;
(b) names and contact details, to record information regarding products purchased from us and to provide further services to you, such as product warranties and guarantees, and repair or replacement of products;
(c) names, contact details, transaction and experience information such as information on your purchase transactions and our communications with you, to assist in providing better products and services to you by tailoring them to meet your needs, to keep our websites and other online presence relevant and of interest to users, for direct marketing including promotions, newsletters and competitions, to show you advertising and information that is most relevant to you and your interests, and to carry out analysis of market activity, market research and surveys;
(d) for verification of your identity for use of our website, to conduct address verification or credit checks for invoicing and billing purposes;
(e) to provide you with further information about us or other websites or goods or services offered by us or our related companies or which we consider may be of interest to you;
(f) names, contact details, educational information, membership of trade and professional associations, sensitive information and government related identifiers, for contracting with individuals and assessing individuals for current or future employment opportunities; and
(g) any other purpose which is stated to you at the time of collection or that you otherwise authorise.
We track traffic patterns throughout the URL (website) registered to us.
We use "cookies" on our website. A "cookie" is a small amount of information which is transferred to the hard drive of your computer and which can identify your web browser, but not you. If you want, you can disable your web browser from accepting cookies. If you do so, you can still access our website, but not all services may be available.
We may automatically collect general statistical information on our website about visitors to our website, such as IP addresses, browsers used, dates visited, pages visited and number of visitors. However, such information does not refer to individuals by name or their contact details. We use this data in aggregate to improve our website. We may provide such aggregated data to third parties, but in so doing, we do not provide identifiable personal information without the individual's consent.
In some instances, we may collect personal information about individuals from third parties, such as wholesale and retail suppliers of home building, renovating and design related products, where individuals have made inquiries about our products to such third parties, via recruitment agencies or from third party medical service providers (which provide medical reports and services to us). In such circumstance we are relying on the third party to have obtained the individual’s consent. We may also obtain personal information from publicly available resources.
(a) our related companies and affiliates;
(b) third party contractors and providers of goods and services, such as courier and delivery companies, marketing and promotion companies, training and training certification agencies and business support services like storage and handling of documents and data, and information technology service providers;
(c) market research companies who undertake customer surveys for us;
(d) insurance companies;
(e) professional service firms providing services to us, such as legal or accountancy services;
(f) as required by law, such as to regulatory agencies; and
(g) any other recipient which is notified to you at the time of collection or that you otherwise authorise.
We may also provide your information to others, if required or permitted by law, in accordance with the Principles and the Privacy Act.
Do we disclose personal information overseas?
We may disclose your personal information outside the country of collection.
We share personal information outside the country of collection:
(a) where we have made a business decision to store our data with a trusted service provider who is in the business of providing data storage and processing services. These services commonly involve diverse geographic locations which may change from time to time, including as a result of change of provider, changes in data protection practices and processing efficiency. Where these services are used by us, it is not always practical for us to notify you of which country your personal information may be located in;
(b) for disclosures between our group companies. Our main business locations are in New Zealand and Australia, but some of our group companies are based in other countries; and
(c) when our business which collected your personal information is in a different country to your location.
You consent to the usage, provision and acceptance of any information, including our latest news or notices, in electronic form in accordance with all applicable legislation.
Unsubscribing from our marketing materials
When we send commercial electronic messages (e.g. for marketing or promotional purposes), our message will contain instructions on how you may unsubscribe.
Our social media pages provide instructions as to how you can unsubscribe from the relevant social media website or page.
When we send you hard copy promotional materials, such materials will include instructions on how you may unsubscribe from receiving such materials.
Advertising and third party links:
Dealing with us anonymously or using a pseudonym
You may deal with us on an anonymous basis or by using a pseudonym when making inquiries through our website or social media pages, or when you make general inquiries by telephone and do not require a further response from us. However, we may need certain contact details from you to respond to inquiries.
Generally, we will require your personal information in order to transact with you.
Storage, Access, Correction and Removal of your Personal Information
Any personal information that you provide to us will be collected and held by or on behalf of us. For our physical address please refer here. Under applicable privacy law, you may have rights of access to or correction of your personal information. You can do so at any time by contacting the Privacy Officer by email at Privacy@FletcherBuilding.com.au, or to the 'Privacy Officer’, Locked Bag 3501,North Ryde BC NSW 1670 or Level 4, 68 Waterloo Road, Macquarie Park, NSW 2113, Australia.
Before we provide you with access to your personal information we may require some proof of identity. We may charge a reasonable fee for giving access to your personal information if your request requires substantial effort on our part.
In accordance with the Privacy Act, if we do not agree to:
a) provide you with access to your personal information or to amend or annotate the information we hold about you, you may seek a review of our decision; or
(b) make the requested changes to your personal information, you may make a statement about the requested changes and we will attach it to your record.
“Principles” is a reference to the privacy principles under the Privacy Act.
“Privacy Act” is a reference to each of the Privacy Act 1993 (NZ) and the Privacy Act 1988 (Cth) (Australia), and any other applicable privacy laws in New Zealand and/or Australia.
You can send written complaints about a breach of the Principles or the Privacy Act in relation to your personal information by email to Privacy@FletcherBuilding.com.au by mail to the 'Privacy Officer’, Locked Bag 3501,North Ryde BC NSW 1670 or Level 4, 68 Waterloo Road, Macquarie Park, NSW 2113, Australia. Complaints will be reviewed by our Privacy Officer and a response will usually be provided within 30 days of receipt of the complaint.
If you believe that your complaint has not been satisfactorily addressed by us, after following the procedure set out above, you can make a complaint in Australia to the Office of the Information Commissioner (OAIC), or, in New Zealand, to the Office of the Privacy Commissioner (OPC). The OAIC's contact details are here and the OPC’s contact details are here. For more information about making a complaint, contact us at Privacy@FletcherBuilding.com.au.
*As amended November 2015
TRADELINK PTY LIMITED – TERMS AND CONDITIONS OF SALE
By submitting a credit application and/or ordering goods ("goods") or services (“services”) from Tradelink Pty Limited (ACN 000 003 832) ("Tradelink"), the Customer agrees that the following terms and conditions of sale (“Conditions”) will apply to the supply.
1. DEFINITIONS AND INTERPRETATION
In these Conditions, the documents entitled “Deed of Agreement and Charge” and “Personal Guarantee & Indemnity & Charge” and any other associated or collateral documents (unless a contrary intention is stated):
(a) “Consumer” means a consumer as that term is defined in the Australian Consumer Law;
(b) “Fletcher Group” means Tradelink Pty Limited ACN 000 003 832 and its Related Bodies Corporate;
(c) “Customer” means a person whose order for the purchase of goods is accepted by the Supplier;
(d) “Group Company” means any of Fletcher Building Limited, Crane Group Limited, Tradelink Pty Limited, Iplex Pipelines Australia Pty Ltd, Crevet Ltd, Crevet Pipelines Pty Ltd, Key Plastics Pty Ltd, Kingston Bridge Engineering Pty Ltd, Northern Iron and Brass Foundry Pty Ltd or Crane Enfield Metals Pty Ltd;
(e) “Related Bodies Corporate” means a body corporate that is related to Tradelink Pty Limited ACN 000 003 832 by virtue of section 50 of the Corporations Act 2001;
(f) “Supplier” means Tradelink Pty Limited ACN 000 003 832 or any of its Related Bodies Corporate or their respective assigns trading under various firm names or styles;
(g) “Guarantor” means each of the persons who execute this document as guarantor;
(h) “PPSA” means the Personal Property Securities Act 2009;
(i) “Purchase Monies Securities Interest” or “PMSI” has the meaning given in section 14 of the PPSA as amended from time to time.
(a) The headings used do not form part of the Conditions and are for convenience only.
(b) Where the context admits or requires,words importing the singular number will include the plural number, those denoting a given gender will include all other genders and those denoting natural persons will include corporations.
(c) “Including" is not a term of limitation.
(a) Unless otherwise specifically agreed in writing by the Supplier, where any terms and conditions of the Customer’s order are inconsistent with these terms and conditions, then these terms and conditions will prevail. Any variations or additions to these terms and conditions not expressly agreed to in writing by the Supplier are expressly rejected by the Supplier.
(b) A quotation shall not constitute an offer to sell goods to the Customer. No contract for the supply of goods shall exist between the Supplier and the Customer until a Customer’s order for goods has been accepted by the Supplier (such acceptance of Customer’s orders may be made and communicated by the Supplier in writing or by overt act of acceptance). The Supplier may accept or refuse any order for goods in its absolute discretion and may make its acceptance of an order conditional upon it receiving a satisfactory credit assessment of the Customer.
(c) The Supplier may vary these terms and conditions by notice in writing to the Customer (which notice may be given via the Supplier's Website). If the Customer is a Consumer, then the Customer may consider the variation and, if not acceptable, may elect not to proceed with the purchase of the goods ordered before the date of the variation but which are intended to be subject to the variation. If the Customer is not a Consumer, the Customer agrees that goods delivered and/or ordered after the date of the notice of the variation will be subject to the variation and acceptance of the goods or the placing of the order shall be deemed to be an acceptance of such varied terms and conditions.
(d) Should there be any variation to any of the information supplied by the Customer to the Supplier or in the structure or nature of the Customer’s business (such as a conversion to or from a Company or Trust) the Customer shall forthwith notify the Supplier in writing within 28 days of the variation occurring.
(e) These terms and conditions and all obligations hereunder shall be binding on the Customer’s personal representatives, successors and permitted assigns and shall be for the benefit of the Supplier’s successors and assigns.
(a) Notwithstanding any prior acknowledgment by the Supplier of the price of goods, the prices specified for goods may at the Supplier’s option be subject to alteration to reflect the Supplier’s prices and charges in effect at the time of delivery.
(b) Any variations in the invoice or contract price as a consequence of currency fluctuations, taxes, customs duty or other imposts shall be to the Customer’s account.
(c) If the Customer is a Consumer, then the Customer may consider the variation referred to in clause b and, if not acceptable, may elect not to proceed with the purchase of the goods ordered before the date of the variation but which are intended to be subject to the variation.
(d) The Supplier will be entitled to set off against any money owing to the Customer amounts owed to the Supplier by the Customer on any account whatsoever. However the Customer shall not set off any amounts allegedly owing by the Supplier to it against any amount due by it to the Supplier.
(e) Where credit is extended to the Customer, all account invoices and statements will be submitted by the Supplier electronically (“E-invoice”) to the Customer via the Customer’s nominated email address. The Supplier will not, generally, send a paper copy of the invoice or statement unless the Customer requests it. The Customer can obtain a paper copy of the invoice or statement by sending a written request to the Supplier. The Customer acknowledges that the Supplier will charge a reasonable service fee for the delivery of paper copies of invoices or statements (“Service Fee”), and agrees to pay such fee on demand. The Supplier may vary the Service Fee from time to time, by written notice to the Customer, or via the Supplier’s website.
(f) Where the Supplier submits an E-invoice to the Customer’s nominated email address the E-invoice will be deemed to have been received by the Customer on the date it was sent unless the Supplier receives a notification that the email did not reach its intended recipient and the records of the Supplier shall be conclusive in this regard.
(g) It is the Customer’s responsibility to ensure that the contact information provided to the Supplier is current and accurate including the Customer’s nominated email address, which the Supplier will use to submit the E-invoice. The Customer agrees to promptly notify the Supplier of any changes to the Customer’s contact information.
(h) Unless otherwise agreed to by the Supplier, the only accepted means of paying accounts will be by cash, bank cheque, COD or electronic funds transfer, all without any deduction.
(i) Abnormal payments: where payments are made that are not made in accordance with clause 4(h) the Customer will also pay the Supplier an administration fee of 2% of the amount so paid. That fee is agreed to be the liquidated cost of processing that abnormal payment. That fee is payable at the same time as the account to which it relates is due.
(j) Payments received by the Supplier shall be applied first in payment of interest and any costs of and incidental to debt recovery and any amounts payable pursuant to clause 4(d) and then in reduction of principal.
(k) Payments received without remittance advice will be applied first to the oldest balance owing by the Customer.
5. ACCOUNT TERMS
(a) Unless otherwise agreed in writing by the Supplier, the Customer shall pay for all goods delivered in any calendar month on or before the last trading day in the following month.
(b) Credit extended to the Customer for all goods sold will be made in accordance with the terms of credit as agreed by the Supplier at the time the Customer’s account was established or as subsequently altered by the Supplier. In all other respects these terms and conditions will apply.
(c) If the Customer does not pay the Supplier by the due date, the Customer shall pay interest on monies due, charged on a daily basis at 16%pa from the due date for payment until the actual date of payment. If the Customer has an account with the Supplier, the Supplier may debit the Customer’s account monthly or at such other times it chooses for such interest.
(d) The Customer shall pay any legal costs (on a full indemnity basis), stamp duties, any bank charges or merchant fees or like charges levied on the Supplier by any banker or other credit provider whose banking or credit card facilities are utilised by the Customer for paying the Supplier any amounts on any account, and any other expenses payable of and incidental to the performance or enforcement of any litigation on these terms and conditions, or any credit application or any security documents signed by the Customer, or any guarantor together with any other collection costs and dishonoured cheque fees.
(e) Despite any other clause in these terms and conditions, the Supplier may withdraw the Customer’s credit facilities at any time without notice or at its discretion alter the Customer’s credit limit for any reason (including to meet the Customer’s then buying needs). The Supplier will notify the Customer of any alteration in the credit limit by notice to that effect in the following monthly account statement. Any credit approval limit noted in this form, any monthly statement or otherwise is for the Supplier’s convenience only and does not reflect what may actually be the credit limit of the account at any one time.
(f) The Customer is liable for all purchases made under his, her or its account number and/or account name. It is not the responsibility of the Supplier to confirm authority for the purposes of supplying or delivering goods to the Customer, its agent(s) or those who the Supplier deems to be its agents. It is the sole responsibility of the Customer to ensure there is no unauthorised use of their account number or name.
(g) The Supplier shall in its absolute discretion charge an annual account keeping fee (“Account Fee”), the Account Fee to be 1.0% of the credit limit or such lesser amount as determined by the Supplier. The Supplier may debit the Account Fee to the Customer’s account annually in advance or at such other times it chooses for such Account Fee.
6. PERSONAL PROPERTY SECURITIES ACT
(a) The Customer agrees that the Conditions may create a PMSI in the goods (and their proceeds) supplied presently and in the future by the Supplier to the Customer and a security interest in the personal property of the Customer.
(b) The Customer agrees to do all things necessary and execute all documents reasonably required to register the security interests granted by the Customer under the Conditions and to ensure that the Supplier acquires perfected security interests under the PPSA.
(c) The Customer will, upon demand, pay all of the Supplier's expenses and legal costs (on a solicitor/agent/client basis) in relation to or in connection with the registration of the Supplier's security interests and all other costs associated with protection and enforcement of the Supplier's security interests created by the Conditions or by undertaking an audit under the provisions of the PPSA, or the repossession of the goods the subject of the Conditions or the exercise, enforcement or preservation of any right or interest under the Conditions or any contract that the Supplier has with the Customer.
(d) This PMSI does not lose its priority as a result of the renewal, refinance, consolidation or restructure of the subject matter of the Conditions and any purchase money obligations.
(e) Until ownership of the goods passes to the Customer, the Customer waives its rights under the following provisions of the PPSA, to the extent that it is permitted by law to:
(f) To the extent permitted by the PPSA, these terms and conditions exclude any provisions of the PPSA which may be excluded in the Supplier’s discretion and which would otherwise confer rights on the Customer.
(g) The Customer further agrees that where the Supplier has rights in addition to those under Part 4 of the PPSA, those rights shall continue to apply.
(h) The Customer’s right to possession of goods still owned by the Supplier under these terms and conditions shall cease if:
(i) The Customer expressly and irrevocably agrees that the Supplier is entitled to enter any premises where the goods supplied by the Supplier are located to repossess, remove and sell such goods. The Customer (its successors and assigns, including any external manager or administrator) shall not object to the Supplier, or its agents, entering any premises for the purpose of this clause and agrees to indemnify and keep the Supplier indemnified in respect of any claims, actions and costs that may arise against the Supplier in relation to the removal, repossession and sale of the goods pursuant to these terms and conditions including any claims brought by third parties.
(j) The Customer agrees that repossession and retention of the goods pursuant to the PPSA will only satisfy so much of the monies which may become payable to the Supplier by the Customer, as is equivalent to the Supplier’s estimation of the market value of the goods as it is at the date of repossession and the repossession and retention will immediately extinguish any rights for interest the Supplier has on the value of the goods recovered.
(k) Until ownership of the goods passes, the Customer must not give the Supplier a written demand or allow any other person to give the Supplier a written demand requiring the Supplier to register a financing change statement under the PPSA or enter into or allow any other person to enter into the personal property securities register a financing change statement under the PPSA.
(l) The Customer agrees not to change the Customer name or undertake any changes to any documents that the Supplier has registered, requires to be registered or are capable of being registered without our prior written consent of the Supplier. For avoidance of doubt, these terms regarding the PPSA apply even where the Customer is a Consumer.
(a) The Supplier has any reasonable grounds to believe that the Customer may not be able to make due and punctual payment to the Supplier or there is any default or failure by the Customer in making due and punctual payment to the Supplier of any moneis owing by the Customer; or
(b) An administrator, liquidator or provisional liquidator is appointed in respect of the Customer; or
(c) A receiver, receiver and manager, administrator or controller is appointed in respect of any assets or group of assets of the Customer; or
(d) The Customer goes into bankruptcy or is wound up; or
(e) The Customer becomes, admits in writing that it is, or declared by a court to be unable to pay its debts as and when they fall due; or
(f) There is a breach by the Customer of any of these terms and conditions, then all monies payable by the Customer to the Supplier shall at the Supplier’s election become immediately due and payable notwithstanding the due date for payment shall not have expired; and the Supplier may without prejudice to any other rights it may have, do any or all of the following:
(a) Goods will be delivered or deemed to be delivered, when they are delivered to the delivery place nominated by the Customer. If no such address is nominated, then delivery will be deemed to occur at the time when the goods are ready for collection at the Supplier’s premises.
(b) The Customer shall pay to the Supplier packing, crating and delivery charges in accordance with the Supplier’s current rates as at the date of dispatch. If there is no current rate, then a reasonable delivery charge shall be paid by the Customer.
(c) The Supplier reserves the right to make a reasonable charge for storage if delivery instructions are not provided by the Customer within 14 days of a request by the Supplier for such information.
(d) The Customer authorises the Supplier to deliver products to the place nominated by the Customer and to leave the products at such place whether or not any person is present to accept delivery. The Supplier shall not be liable on any basis whatsoever for loss suffered by the Customer after delivery to the nominated delivery place.
(e) The Supplier shall not be obliged to obtain a signed receipt or other acknowledgment from any person at the nominated place for delivery but if a signed receipt or other acknowledgment is obtained from someone believed by the Supplier to be authorised by the Customer to sign or otherwise take delivery, then such signed receipt or other acknowledgement shall be conclusive evidence of the Customer’s acceptance of the goods delivered.
(f) Any times quoted for delivery are estimates only and the Supplier shall not be liable to the Customer for any failure to deliver or for delay in delivery of goods occasioned by strike, lockout or other industrial dispute, shortage of stock, shortage of labour, lack of skilled labour, delays in transit, fire, flood, hostility, civil commotion or any other cause whatsoever whether or not beyond the control of the Supplier.
(g) The Customer shall not be relieved of any obligation to accept or pay for goods by reason of any delay in delivery.
(h) The Supplier reserves the right to deliver goods by instalments and each instalment shall be deemed to be sold under a separate contract. Failure to deliver any instalment, or deliver any instalment on time shall not entitle the Customer to repudiate the contract in whole or in part.
9. PROPERTY AND RISK
(a) The goods shall be at the sole risk of the Customer as soon as they are dispatched from the Supplier’s premises.
(b) Property in and title to the goods will not pass to the Customer until those goods and all other amounts owed to the Supplier by the Customer have been paid for in full and until then:
(c) The Customer expressly and irrevocably agrees that the Supplier is entitled to enter any premises where the goods supplied by the Supplier are located to repossess, remove and sell such goods. The Customer, its successors and assigns (including any external manager or administrator) shall not object to the Supplier, or its agents, entering any premises for the purpose of this clause and agrees to indemnify and keep the Supplier indemnified in respect of any claims, actions and costs that may arise against the Supplier in relation to the removal, repossession and sale of the goods pursuant to these terms and conditions including any claims brought by third parties.
(d) The Customer shall insure the goods against theft or any damage until such goods have been paid for or until they are sold by the Customer whichever occurs first and the Supplier will be entitled to call for details of the insurance policy. If the Customer does not insure the goods or fails to supply details of its insurance policy, the Customer will reimburse the Supplier for the cost of any insurance which the Supplier may reasonably arrange in respect of the goods supplied to the Customer.
10. SPECIAL ORDERS AND SPECIFICATIONS IN GENERAL
The Customer warrants to the Supplier that all drawings and specifications and other design information provided to the Supplier for the manufacture of special orders or tooling are accurate and correct in all respects and do not infringe upon the intellectual property rights of any third party including any copyright, patents, designs or trademarks of a third party.
11. RETURN OF GOODS - CONSUMERS
If the Customer is a Consumer:
(a) The goods come with guarantees that cannot be excluded under the Australian Consumer Law. The Customer is entitled to a replacement or refund for a major failure and to compensation for any other reasonably foreseeable loss or damage. The Customer is entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
(b) The guarantees under the Australian Consumer Law are given by the Supplier.
(c) If the Customer believes the goods do not comply with the statutory guarantees, they must contact the Supplier and the parties may make arrangements for the return of the goods. Any returned goods must be accompanied by proof of purchase. If the Supplier agrees that the goods do not comply with the statutory guarantee the Supplier will refund the costs of returning the goods to the Supplier and, in all other respects, act in accordance with its obligations under the Australian Consumer Law.
(d) No other guarantees or warranties apply to the goods unless a further and additional warranty is provided, in writing, to the Customer by the Supplier.
12. RETURN OF GOODS - NON CONSUMERS
If the Customer is not a Consumer:
(a) Unless agreed in writing by the Supplier, the Supplier will not accept the return of goods. Goods accepted for return by the Supplier may attract a charge to recover restocking and repackaging charges. The amount of this charge will be determined by the Supplier, and deducted from the amount of credit allowed to the Customer.
(b) The proof of purchase from the Customer must accompany all goods returned to the Supplier.
(c) All claims for the Supplier’s failure to comply with the Customer’s order whether due to shortfall, defect, incorrect delivery or otherwise must be made by giving written notice to the Supplier within fourteen (14) days from the date of delivery. If the Customer fails to provide such notice then the Customer shall be deemed to have accepted the goods.
(d) These conditions shall not exclude, or limit the application of any provision of any statute including any implied condition or warranty the exclusion of which would contravene any statute or cause any part of this clause to be void. To the extent permitted by law all conditions, warranties and undertakings are expressly excluded.
(e) The Supplier’s liability for breach of a non-excludable condition or warranty is limited at the Supplier’s option, to any one of the following:
(b) Our web-site may be hosted, or some data may be stored overseas for reasons of uniformity and convenience for the Group Companies. All personal information derived from Australia will still be treated in accordance with the Supplier’s policies while being stored overseas.
(c) In accordance with the Supplier’s Policies, the Customer agrees that the Supplier may use or disclose information to the Group Companies and to third parties for the purpose of providing the goods, providing information about goods; sending information on any of the Group Companies and our services; performing our administrative and marketing operations; complying with legislative and regulatory requirements or as otherwise permitted or authorised by law; considering any other application you may make to the Supplier or any other Group Company; managing our rights and obligations in relation to external payment systems, e.g. credit card schemes and debit payment schemes; conducting market research or customer satisfaction research; developing, establishing and administering arrangements (including rewards programs) with other organisations in relation to the promotion, administration and use of any of the Group Companie's goods; and developing and identifying products and services that may interest the customer.
14. FITNESS FOR PURPOSE
To the maximum extent permitted by law, the Customer agrees that it does not rely on the skill or judgement of the Supplier in relation to the suitability of any goods for a particular purpose. Any advice, recommendation, information or assistance provided by the Supplier is provided without any liability by the Supplier whatsoever.
(a) Any expression used in this clause and which is defined in the “A New Tax System, (Goods and Services Tax) Act 1999” has the same meaning in this clause 15.
(b) With the exception of any amount payable under this clause, unless otherwise expressly stated all amounts stated to be payable by the Customer under these terms and conditions are exclusive of GST.
(c) If GST is imposed on any supply made under or in accordance with these terms and conditions, the recipient of the taxable supply must pay to the supplier an additional amount equal to the GST payable on or for the taxable supply. Payment of the additional amount will be made at the same time as payment for the taxable supply is required to be made in accordance with this document, subject to the provision of a tax invoice by the Supplier to the recipient.
16. TRUST AND TRUSTEES
Where the Customer is a trustee:
(a) The Customer agrees to produce a stamped copy of the trust deed (with all amendments) if and when requested by the Supplier.
(b) The Customer warrants that it has full power and authority to enter into these terms and conditions and the following section of this document titled “Deed of Agreement and Charge” on behalf of the trust and that it (and the trust and all the trust’s real and personal property) shall be bound by these terms and conditions and that it enters into this “Deed of Agreement and Charge” both personally and as trustee, irrespective of whether or not it discloses to the Supplier that it is a trustee at the time of entering into this or any other credit agreement with the Supplier.
17. LAWS TO GOVERN PROVISIONS OF AGREEMENT
(a) Unless varied by notice in writing by the Supplier these terms and conditions shall be governed by and construed in accordance with the laws of the state or territory of the place of delivery of the goods. The parties submit to the exclusive jurisdiction of the courts in the capital city in that State or Territory (and, if there is more than one such court in the capital city, at such court as the Supplier in its absolute discretion selects).
(b) The parties agree that proceedings may be commenced in any such Court of such State or Territory and consent to that Court having jurisdiction by virtue of clause a notwithstanding that that Court would not have such jurisdiction without this consent.
Notices to be given by the Customer to the Supplier may be delivered personally or sent to the National Credit Manager of the Supplier at the Supplier’s address at 1051 Nudgee Road, Banyo, Queensland 4014 and, unless the contrary is proved, notice shall be taken as delivered when received by the Supplier at that address. Notices to be given to the Customer by the Supplier may be delivered personally or sent to the Customer’s last known address and, unless the contrary is proved, shall be taken as delivered on the second business day following posting. Invoices and statements are deemed received by the Customer on the second business day after posting by ordinary prepaid post.
In the event that the whole or any part or parts of any provisions in this agreement should be held to be void or unenforceable in whole or in part such provision or part thereof shall to that extent be severed from these terms and conditions but the validity and enforceability of the remainder of these terms and conditions shall not be affected.
The Supplier reserves the right to sub-contract the manufacture and/or supply of the goods or any part thereof to a third party.
A statement in writing signed by the Supplier’s Credit Manager or by other duly authorised officers (“the certificate”) stating all or any of the following matters, facts or things:
(a) The amount due at any date for all goods provided by the Supplier to the Customer.
(b) The amount due at any date for interest on the monies due.
(c) The amount due at any time for legal costs actually incurred by the Supplier including the costs of and incidental to any litigation, stamp duties and other expenses payable on these terms and conditions, or any credit application, guarantee or other security documents signed by the Customer together with any collection costs or dishonoured cheque fees.
(d) The date of making default in performing or observing any terms and conditions, covenant or agreement to be performed or observed by the Customer.
(e) Whether such default has continued between specified dates.
(f) Anything else relevant to the establishment of any right or remedy of the Supplier or of the liability of the Customer.
Shall be conclusive evidence of such matter(s), fact(s) or thing(s) stated in the certificate.