Terms of Trade
1.1 The Goods (including any incidental supply of services) shall be as described on any invoices, quotation, work authorisation, or any other forms which are provided by EmbroidMe to the Customer.
2. Price and Payment
2.1 The Price shall be as indicated on invoices provided by EmbroidMe to the Customer in respect of the Goods supplied.
2.2 Time for payment for the Goods 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 will be due seven (7) days following the date of the invoice.
2.3 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 EmbroidMe.
3. Default & Consequences of Default
3.1 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 EmbroidMe’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
3.2 If the Customer defaults in payment of any invoice when due, the Customer shall indemnify EmbroidMe from and against all costs and disbursements incurred by EmbroidMe in pursuing the debt including legal costs on a solicitor and own client basis and EmbroidMe’s collection agency costs.
4.1 It is the intention of EmbroidMe and agreed by the Customer that ownership of the Goods shall not pass until:
(a) the Customer has paid all amounts owing for the particular Goods, and
(b) the Customer has met all other obligations due by the Customer to EmbroidMe in respect of all contracts between EmbroidMe and the Customer; and
(c) the Customer is only a bailee of the Goods and until such time as EmbroidMe has received payment in full for the Goods then the Customer shall hold any proceeds from the sale or disposal of the Goods, up to and including the amount the Customer owes to EmbroidMe for the Goods, on trust for EmbroidMe.
5. Privacy Act 1988
5.1 The Customer agrees for EmbroidMe to obtain from a credit-reporting agency a credit report containing personal credit information about the Customer in relation to credit provided by EmbroidMe.
5.2 The Customer agrees that EmbroidMe may exchange information about Customer with those credit providers named in the Application for Credit account or named in a consumer credit report issued by a reporting agency for the following purposes:
(a) to assess an application by Customer;
(b) to notify other credit providers of a default by the Customer;
(c) 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
(d) to assess the credit worthiness of Customer.
5.3 The Customer consents to EmbroidMe being given a consumer credit report to collect overdue payment on commercial credit (Section 18K(1)
(h) Privacy Act 1988).
5.4 The Customer agrees that Personal Data provided may be used and retained by EmbroidMe for the following purposes and for other purposes as shall be agreed between the Customer and EmbroidMe or required by law from time to time:
(a) provision of Goods and/or Services;
(b) marketing of Goods and/or Services by EmbroidMe, its agents or distributors in relation to the Goods and/or Services;
(c) analysing, verifying and/or checking the Customer’s credit, payment and/or status in relation to the provision of Goods and/or Services;
(d) processing of any payment instructions, direct debit facilities and/or credit facilities requested by Customer; and
(e) enabling the daily operation of Customer’s account and/or the collection of amounts outstanding in the Customer’s account in relation to the Goods and/or Services.
5.5 EmbroidMe may give, information about the Customer to a credit reporting agency for the following purposes:
(a) to obtain a consumer credit report about the Customer; and or
(b) allow the credit reporting agency to create or maintain a credit information file containing information about the Customer.