The following are the Terms and Conditions of trade for Allboard Distributors Pty Ltd – ABN: 30 007 340 098
1. Credit
1.1. All goods and services that are manufactured sold or supplied by us are subject to these terms and conditions of sale.
1.2. Upon completion of a Credit Account Application and Guarantee, we may extend credit to you and set a credit limit.
1.3. You are not entitled to any credit until you receive written notice from us stating that the credit facility has been granted.
1.4. We are not liable for any costs incurred in completing this credit application and we are not in any way obliged to give
reasons if credit is denied.
1.5. Once your credit limit has been reached, we have the right to refuse further credit at our sole discretion.
1.6. We reserve the right to reduce or cancel your credit at any time.
1.7. If at any time you exceed your credit limit, you are liable for the full outstanding amount. You hereby acknowledge that your
liability is not restricted to the original credit limit.
2. Entire agreement
2.1. Our Terms and Conditions, the original Credit Account Application and any Guarantees govern the entire relationship
between us, you and the Guarantors in connection with the provision of our Goods and/or Services.
2.2. You and the Guarantors each acknowledge that they have not relied on any representation, inducement, warranty or
promise which is not set out in our Terms and Conditions, the original Credit Account Application and any Guarantees.
3. Purchase and supply
3.1. You agree to purchase, and we agree to supply, all Goods and Services subject to these Terms and Conditions.
3.2. You will be bound by our Terms and Conditions upon:
(i) signing this document; and/or
(ii) placing a written or oral Purchase Order for our Goods and/or Services.
3.3. All invoices in respect of Goods delivered shall be deemed to be accepted as a correct charge if, after fourteen days from
the date of receipt of the invoice, you raise no objection to the invoice.
3.4. A deposit may be required at our sole discretion.
4. Updating Terms and Conditions
4.1. We may update our Terms and Conditions from time to time. We will publish our updated Terms and Conditions on our
website at https://www.allboard.com.au/terms-and-conditions/ and notify you by email that there has been a change.
4.2. If no email address is given or an email is returned undeliverable, we will send you by ordinary mail either a copy of the
updated Terms and Conditions or written notice of the change and a link to our website.
4.3. By placing a written or oral Purchase Order for our Goods and/or Services after we have updated our Terms and
Conditions you confirm that you have read and accept such updated terms and conditions.
5. Electronic Transactions Act 2000
5.1. If you use an electronic signature, you hereby confirm that such signature is being applied to prove your intention to be
bound by these Terms and Conditions and is used in accordance with section 9 of the Electronic Transactions Act 2000
(NSW) or any equivalent legislation governing the use of electronic signatures.
6. Information
6.1. You agree to provide us with immediate written notice upon a change of your corporate details, such as organisation
name, ABN, principal place of business, directors or Trustees.
6.2. You acknowledge and agree that:
(i) You will provide all relevant information to enable us to supply the correct Goods or perform the Services in a timely
and proper manner.
(ii) We will rely upon the accuracy and completeness of your information, and you hereby warrant to us the accuracy and
completeness of all such information.
6.3. If we have provided you with any representations or information in connection with the Goods and Services, you
acknowledge that you have conducted your own enquiries and formed your own opinion as to the correctness or
appropriateness of such representations or information and the Goods themselves.
6.4. Any specifications or details we provide you with respect to the Goods are our best estimates and any deviation does not
entitle you to make any claim against us.
6.5. Any sample provided is merely to indicate the general nature of the product and we do not warrant that Goods supplied will
correspond exactly with any sample or with any previous or future Goods supplied.
7. Quotes, Purchase Orders and Price
7.1. Upon request, we may provide you with a Quote for the supply of Goods and/or Services.
7.2. Quotes will be given within 24 hours and are valid for 30 days.
7.3. By placing a Purchase Order with us, you are offering to purchase our Goods at the quoted price. We are not obliged to
supply the Goods and/or Services until an oral or written Purchase Order is submitted by you and that Purchase Order is
accepted by us.
7.4. We reserve the right to accept or reject your Purchase Order.
7.5. All Goods and Services are subject to availability.
7.6. All Goods will be invoiced at the quoted price.
7.7. We reserve the right to alter our prices at any time without prior notification.
7.8. Any information that we provide in respect of the Goods including information in any advertising or promotional material
does not constitute an offer by us and is subject to the availability of the Goods.
7.9. Orders placed online are accepted subject to the availability of Goods.
7.10. Our website may be periodically suspended for maintenance, upgrades or due to a system failure. We do not accept
responsibility for any loss arising out of any delays or errors in transmitting data.
8. Additional costs and cancellation
8.1. You hereby acknowledge that you are additionally liable for any costs that we notify you of including delivery,
transportation, freight, postage, packaging, crating, handling, taxes, duties, fees and charges applicable to the Goods.
8.2. Once a Purchase Order is accepted by us, we may immediately incur costs and expenses associated with filling that order.
You hereby agree that if a Purchase Order is placed by you and subsequently cancelled, you are liable for any such costs
and expenses, any loss suffered by us or any claim against us by a third party with respect to that Order. You hereby
indemnify us (without set-off or deduction) for all amounts associated with such loss, costs, expenses or claim, including
legal costs on an indemnity basis.
8.3. We may cancel any order to which these terms and conditions apply or cancel delivery of Goods at any time before the
Goods are delivered by giving notice to you. Within 7 days of giving such notice, we shall refund any money paid by you
for the Goods. We shall not be liable for any loss or damage whatsoever arising from such cancellation.
9. Delivery
9.1. Delivery of the Goods is taken to occur at the time that:
(i) Your nominated carrier takes possession of the Goods from our warehouse or store; or
(ii) We (or our nominated carrier) deliver/s the Goods to a site nominated by you, including a third-party address, even if
you are not present at the site.
9.2. You accept that we are not a common carrier and we do not accept the obligation as a common carrier.
9.3. You are responsible for the unloading of the Goods at delivery site. Our drivers reserve the right to refuse to unload if, at
their sole discretion, they form the view that the location, situation, mechanical aids or available assistance is
unsatisfactory, unsafe or not within our guidelines. Failure to provide adequate assistance or means for unloading the
Goods may incur an additional delivery charge or result in the return of the Goods to us.
9.4. Any time advised for delivery is an estimate only. All care will be taken to adhere to time given however we will not be
liable for any delay in delivery.
9.5. Upon delivery, you must inspect the Goods against the delivery docket and verify that the Goods being delivered are what
has been ordered by you. You must notify us of any discrepancies, errors or returns within 24 hours of delivery.
10. Payment
10.1. Where credit has not been extended to you, you must pay the Amount Due for the Goods and/or Services in full prior to
collection or delivery.
10.2. Where credit has been extended, invoices are due and payable on the last calendar day of the month following the month
of invoice (thirty days of end of month that the debts were incurred).
10.3. We may notify you in writing of an extension of the time in which you are permitted to pay the Amount Due.
10.4. We may set-off any amounts owed by us to you from any amount owed by you to us.
10.5. If any payments are not made on time or in full, we may in our absolute discretion do any or all of the following:
(i) Reduce or cancel your credit limit;
(ii) Reduce or cancel any of your current orders which remain unfulfilled;
(iii) Refuse to supply you with further Goods and/or services;
(iv) Require you to pay the entire amount outstanding prior to further Goods being delivered;
(v) Engage a mercantile agent and/or commence legal proceedings to recover the debt;
(vi) Notify the relevant credit reporting bodies;
(vii) Terminate this agreement in writing.
10.6. You are required to pay the Amount Due without set-off or deduction, subject to the following clause.
10.7. In the event of a dispute, the complete undisputed portion of the Amount Due must be paid to us in full by the Due Date as
set out in these terms and the Dispute Resolution clause will apply.
10.8. In the event of non-payment of any non-disputed amount, we may in our absolute discretion do any or all of the things
listed at items (i) to (vii) above.
11. Payment methods
11.1. Payment may be made by Electronic Bank Transfer, Visa or Mastercard, Cash, Cheque or Bank Cheque.
11.2. Payments must be made without any deduction for fees or charges imposed on you by your bank and or any third parties.
11.3. Payments other than cash shall not be deemed to be made until that form of payment has been honoured or cleared.
11.4. Where you issue a cheque for payment and such cheque is dishonoured, you must reimburse us any fee imposed upon us
by any bank or third party and pay us a reasonable administration fee for dealing with the dishonoured cheque.
12. Tax invoices and GST
12.1. Unless stated otherwise, all prices which we quote or estimate will be inclusive of GST.
12.2. Where GST is payable on a Taxable Supply, we will provide you with a Tax Invoice and you must pay the GST.
13. Default
13.1. The failure to pay the Amount Due in full and on time is a breach of these Terms and Conditions. Upon such breach, all
amounts payable by you to us become immediately due and payable. We may suspend, revoke or reduce credit extended
to you, withhold further deliveries of any Goods, cancel any pending orders, enter onto your premises and recover our
Goods, and report the breach to a credit reporting agency.
13.2. You hereby agree to indemnify us from and make good any loss or damage incurred or suffered by us as a result of your
failure to pay the Amount Due in full and on time or due to any other breach of these Terms and Conditions.
13.3. If you do not pay the Amount Due in full in accordance with these Terms and Conditions, we may charge you interest at
the Commonwealth Bank’s Benchmark Business Lending Indicator Rate, as published from time to time, plus 2% per
annum on the balance of the Amount Due for the period from and including the due date for payment until the date that
payment of the Amount Due is made in full. You hereby agree and accept that this is a genuine pre-estimate of our loss
and agree to pay such interest.
13.4. You agree to pay any costs, charges and expenses incurred by us in exercising our rights to recover the Amount Due
including but not limited to mercantile agency fees and commission and legal costs on an indemnity basis in bringing debt
recovery proceedings or a claim for breach of these Terms and Conditions.
14. Retention of title
14.1. Property in and ownership of the Goods shall not pass to you until payment of the Amount Due and any other amounts
owing to us by you from time to time have all been paid in full.
14.2. We retain equitable and legal title in the Goods, and you take custody of our Goods and retain them on trust as our
fiduciary agent until title has passed to you.
14.3. You must store our Goods safely and separately in a manner which clearly identifies such Goods as our property and must
not remove, deface or obliterate any identifying mark, code or number on any of the Goods until title has passed to you.
14.4. If you sell or on-supply any Goods prior to paying the Amount Due and any other outstanding amounts owing to us by you
from time to time, you hereby acknowledge that you are holding all proceeds of such sale or on-supply on trust for us as
our fiduciary agent until your liability to us is fully and finally discharged.
14.5. Upon demand you will immediately return the Goods to us and/or allow us, our employees or agents to enter upon any
premises where the Goods have been stored (or where we suspect the Goods have been stored) to recover those Goods.
14.6. You hereby indemnify us from and against any liability to any third party in respect of any claims, actions, proceedings,
demands, costs, damages and loss arising from us exercising our rights under this clause.
15. Risk in the Goods
15.1. The risk in the Goods and all insurance responsibility for theft, damage or otherwise in respect of the Goods passes to you
immediately upon collection from our premises, upon delivery of the Goods to the agreed delivery address or upon delivery
to your nominated carrier.
15.2. Until property in and ownership of the Goods passes to you, you must keep the Goods insured and produce to us, upon
demand, evidence of such insurance. If you fail to insure the Goods, we may do so and the cost of such insurance shall
be payable by you to us upon demand.
15.3. If any of the Goods are lost, damaged or destroyed following delivery but prior to ownership passing to you, we are entitled
to receive all insurance proceeds payable for the Goods. You hold such insurance proceeds on trust for us. The production
of a copy of these terms and conditions by us is sufficient evidence of our rights to receive the insurance proceeds.
15.4. If you ask us to leave the Goods outside our warehouse or store for collection or ask us to deliver the Goods to an
unattended location then such Goods shall be left at your sole risk.
16. Charge
16.1. To secure the due and punctual performance of your obligations under these Terms and Conditions, including but not
limited to the payment of any money, you hereby charge in our favour all of your rights, title and interest (whether held
jointly, solely or beneficially) in any real property held or owned by you either now or in the future.
16.2. You authorise and consent to us lodging and maintaining a caveat on title of any real property held or owned by you
(whether jointly, solely or beneficially) and hereby agree not to issue a lapsing notice to have the caveat removed until
such time as all monies owing to us have been paid by you.
16.3. You hereby indemnify us from and against all losses, costs and disbursements including legal costs on an indemnity basis
incurred in exercising our rights under this clause.
17. Personal Property Securities Act 2009 (Cth) (“PPSA”)
17.1. In this clause, capitalised expressions have the meaning given to them in the PPSA.
17.2. You hereby:
(i) Acknowledge and agree that these Terms and Conditions constitute a Security Agreement for the purposes of the
PPSA;
(ii) Grant a Security Interest to us in the Goods and any proceeds of sale in respect of those Goods;
(iii) Acknowledge and agree that each supply of Goods on credit is subject to this Security Agreement for the purposes of
the PPSA and that we may register a Security Interest in the Goods and in the proceeds of sale of the Goods as a
Purchase Money Security Interest on the PPSA Register.
17.3. The parties acknowledge and agree for the purposes of satisfying s 20(1)(iii) of the PPSA that the description of the Goods
the subject of the Security Interest created under this Security Agreement is as set out in these Terms and Conditions and
any invoice in relation to those Goods and the description of the Goods in any invoice is expressly incorporated into these
Terms and Conditions.
17.4. You consent to us registering any one or more Financing Statement or Financing Change Statement in respect of any
Security Interest created by or contemplated under these Terms and Conditions and undertake to do all things reasonably
required by us to facilitate this.
17.5. You agree not to cause (directly or indirectly) the registration of a Financing Change Statement in respect of the Goods
without our prior written consent.
17.6. You agree that the following provisions of the PPSA will not apply to these Terms and Conditions: section 95 (notice of
removal of accession) to the extent that it requires the secured party to give a notice to the grantor; section 96 (when
person with an interest in the whole may retain accession); section 115(1) (a) through to (r); section 118 (to the extent it
requires the secured party to give a notice to the grantor); section 121(4) (notice under section 120(2)); section 125
(obligation to dispose of or retain collateral); section 129 (disposal by purchase); section 130 (notice of disposal) to the
extent that it requires the secured party to give a notice to the grantor; paragraph 132(3)(d) (contents of statement of
account after disposal); subsection 132(4) (statement of account if no disposal); section 135 (notice of retention); section
142 (redemption of collateral); and section 143 (reinstatement of security agreement).
17.7. For the purposes of section 157 of the PPSA, you waive your right to receive notice of any verification statement in relation
to the registration of a Financing Statement or a Financing Change Statement.
17.8. For the purposes of s 275(6) of the PPSA, the parties agree that neither party will, or is entitled to, disclose information of
the kind specified in s 275(1) of the PPSA.
17.9. You agree that you will not enter into any agreement or arrangement which permits any other person to register any
Security Interest in respect of the Goods, the proceeds of sale of the Goods, or any amounts owed in respect of the Goods
without our prior written consent.
18. Intellectual property
18.1. You hereby agree not do any of the following, nor assist anyone else to do any of the following, and you agree to take
active steps to ensure that all employees, agents and contractors do not do any of the following:
(i) copy, memorise, reproduce, misappropriate or reverse engineer the whole or any part of the Goods;
(ii) challenge, contest or oppose any of our intellectual property rights;
(iii) use any name or logo associated with the goods other than as we authorise you;
(iv) divulge our confidential information to any person or use it for your own benefit except as we have expressly
authorised or as required by law.
19. Insolvency Event
19.1. Any of the following events are taken to be an Insolvency Event:
(i) an application or order is made, a resolution is passed or proposed, or other steps are taken for the winding up,
dissolution, official management or voluntary administration of a customer;
(ii) a customer enters into any arrangement, composition or assignment for the benefit of its creditors or any class of
them;
(iii) a receiver, a receiver and manager, administrator or other officer is appointed to the customer or any part of its
property;
(iv) a third party attempts to levy execution against the customer`s property or the Goods;
(v) the Customer ceases, suspends or threatens to cease or suspend the conduct of its business or disposes of or
threatens to dispose of its assets other than in the ordinary course of business;
(vi) the Customer is or is deemed to be unable to pay its debts as and when they fall due, or stops or suspends payment
of its debts;
(vii) in the case of the Customer being a natural person, the customer commits an act of bankruptcy;
(viii) we of the view, acting reasonably, that any of the above will or are likely to occur.
19.2. If an Insolvency Event occurs, we may terminate any and all contracts between us and you, suspend, revoke or reduce
credit extended to you, withhold further deliveries of any Goods, cancel any pending orders, enter onto your premises and
recover our Goods, and refuse the further supply of any Goods. This clause does not limit or otherwise prejudice any other
rights we may have.
1.1. You hereby indemnify us from and against all losses, costs and disbursements including legal costs on an indemnity basis
or any liability to any third party incurred in exercising our rights under this clause.
20. Returns
20.1. Goods are not supplied on a sale or return basis.
20.2. We have the right to charge a return to store (RTS) fee at the rate advised by us from time to time.
20.3. Goods may be exchanged for credit if returned to the store of origin within 7 days of delivery or collection and are
accompanied by the original Invoice or delivery document and are undamaged, unused and are in original condition.
20.4. We will not provide credit for any Goods returned by you or left at our store without written confirmation of receipt of such
Goods by us.
20.5. If Goods are returned for credit at your request, we may charge a re-stocking fee of up to 30% of the original sale value,
plus freight charges.
21. Dispute resolution
21.1. Apart from legal action initiated by us with respect to the recovery of a debt, if a dispute arises one party must give the other
party written notice of the dispute and the parties must make a genuine attempt to identify the issues in dispute and resolve
such issues within 7 days and in a co-operative manner prior to commencing legal or administrative proceedings.
22. Indemnity
22.1. You hereby indemnify us and our directors, contractors and agents against any loss, claim, demand, suit, action or
proceeding brought against us or them arising from any breach of these terms and conditions by you or from your misuse
of our Goods.
23. Privacy
23.1. Our full Privacy Policy may be found at https://www.allboard.com.au/privacy-policy/
23.2. These terms should be read in conjunction with our full Privacy Policy.
23.3. This clause and our full Privacy Policy also apply to all Guarantors.
23.4. You agree for us to obtain from a credit reporting agency a credit report containing personal credit information about you in
relation to credit provided or to be provided by us.
23.5. You agree that we may exchange information about you with your trade referees or entities named in a consumer credit
report issued by a credit reporting agency for the following purposes:
(i) To assess your application; and/or
(ii) To notify other credit providers of a default by you; and/or
(iii) To exchange information with other credit providers as to the status of your credit account, where you are in default
with other credit providers; and/or
(iv) To assess your creditworthiness.
23.6. You acknowledge that the information exchanged can include anything about your creditworthiness, credit standing, credit
history or credit capacity that credit providers are allowed to exchange under the Privacy Act 1988.
23.7. You hereby consent to us being given a consumer credit report for the purposes outlined in section 18K(1) of the Privacy
Act 1988.
23.8. You agree that personal credit information provided may be used and retained by us for the following purposes (and for
other purposes as shall be agreed between you and us or permitted by law from time to time):
(i) provision of Goods and/or Services;
(ii) marketing of Goods and Services by us, our agents or distributors;
(iii) analysing, verifying and/or checking your credit, payments and/or status in relation to the provision of Goods and/or
Services;
(iv) processing of any payment instructions, direct debit facilities and/or credit facilities requested by you;
(v) enabling the daily operation and management of your account and/or the collection of the amounts outstanding in
your account in relation to the Goods or Services.
23.9. We may give information about you to a credit reporting agency for the following purposes:
(i) to obtain a consumer credit report;
(ii) to allow the credit reporting agency to create or maintain a credit information file containing information about you.
23.10. The information given to the credit reporting agency may include:
(i) Personal particulars (if applicable, your name, sex, address, previous addresses, date of birth, name of employer and
driver’s license number);
(ii) Details concerning your application for credit or commercial credit and the amount of credit requested;
(iii) Advice that we are a current credit provider to you;
(iv) Advice of any overdue accounts, loan payments, and/or any outstanding monies owing which are overdue by more
than sixty (60) days, and for which debt collection action has been started;
(v) That your overdue accounts, loan repayments and/or any outstanding monies are no longer overdue in respect of
any default that has been listed;
(vi) Information that, in our opinion, you have committed a serious credit infringement or shown an intention not to comply
with your credit obligations;
(vii) Advice that cheques drawn by you have been dishonoured more than once;
(viii) That credit provided to you by us has been paid or otherwise discharged.
24. Limitation of liability
24.1. To the extent permissible under the Competition and Consumer Act 2010 (Cth) our liability for any breach of warranty or
guarantee in relation to the supply of Goods arising under that Act is limited to, at our discretion:
(i) providing you with a refund; or
(ii) repairing or replacing the Goods within one month after the Goods have been dispatched, or
(iii) for services, supplying the service to you again.
24.2. The maximum amount of refund that is payable to you in accordance with this clause is the amount which you have paid to
us for the Goods and/or Services.
24.3. We have no liability to replace or repair any Goods where:
(i) the alleged defects do not directly relate to our faulty materials or workmanship; or
(ii) the goods have received maltreatment or inattention, have been incorrectly or improperly installed or used, have
been modified or interfered with by you or a third party; or
(iii) The Goods have been used, applied, packaged or stored other than in accordance with these Terms and Conditions;
or
(iv) products not manufactured by us or approved by us have been used or comingled with the goods.
24.4. You agree that we may (at no cost) use for the purpose of marketing any documents, designs, drawings or Goods which
we created for you.
25. Exclusions
25.1. You agree that use of the Goods and Services is at your risk. To the full extent allowed by law, our liability for breach of
any term implied into these Terms and Conditions is excluded.
25.2. All information, specifications and samples provided by us in relation to the Goods or Services are approximations only
and, subject to any guarantees under the Australian Consumer Law, small deviations or slight variations from them which
do not substantially affect your use of the Goods will not entitle you to reject the Goods upon delivery, or to make any claim
in respect of them.
25.3. Any advice, recommendation, information, assistance or service given by us in relation to Goods or Services or both, is
given in good faith. It is provided without any warranty as to accuracy, appropriateness or reliability. We do not accept any
liability or responsibility for any loss suffered as a result of your reliance on such advice, recommendation, information,
assistance or service.
25.4. To the fullest extent permissible at law, we are not liable for any direct, indirect, punitive, incidental, special, consequential
damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of
or in any way connected with the provision of (or failure to provide) Goods or Services whether based on terms and
conditions of trade, negligence, strict liability or otherwise, even if we have been advised of the possibility of damages.
26. Warranty as Trustee
18.1. If you are entering into these Terms and Conditions as the Trustee of a trust (either corporate or personal), then you
warrant and represent to us that:
(i) The Trustee will be liable to us personally / directly as well as in its capacity as Trustee;
(ii) all of the powers and discretions conferred on the Trustee by the trust deed are capable of being validly exercised by
the Trustee and have not been varied or revoked and the relevant trust is a valid and subsisting trust;
(iii) The Trustee is the sole trustee of the trust and has full and unfettered power under the trust deed to enter into these
Terms and Conditions and that these Terms and Conditions are being executed and entered into as part of the due
and proper administration of the trust for the benefit of the beneficiaries of the trust;
(iv) That you will immediately advise us of any change of Trustee; and
(v) no restrictions on the Trustee’s right of indemnity out of, or lien over, the trust’s assets exist or will be created or
permitted to exist and that right will have priority over the right of the beneficiaries to the trust’s assets.
27. Termination
27.1. We may terminate this agreement on 5 Business Days’ notice in writing.
27.2. You may terminate this agreement on 10 Business Days’ notice in writing if we commit a breach of this agreement and do
not satisfactorily rectify the breach within 5 Business Days of receiving written notice of the breach.
28. Misleading or false information
28.1. You hereby acknowledge and accept that in the event of the supply of false, inaccurate and/or misleading information by
you or any representative:
(i) such action shall constitute a breach of contract and may cause us loss or damage; and
(ii) we may immediately reduce or cancel any credit extended and terminate this agreement and any associated
agreement; and
(iii) you shall be liable for any loss incurred or damage suffered by us including but not limited to, any costs, expenses,
charges, commissions, outgoings or loss of profits arising from the supply of false, inaccurate and/or misleading
information.
29. Jurisdiction & governing law
29.1. These Terms and Conditions are governed by the laws of the Commonwealth and the State in which this document is
executed by us.
29.2. We have the exclusive right to nominate any jurisdiction in which any legal action is to be commenced and conducted.
30. General
30.1. Our records are conclusive about the Amount Due;
30.2. You may not assign any of your rights under these terms without our written authorisation;
30.3. A waiver by us of any rights arising due to any breach, default or omission is only effective if it is in writing and shall not be
deemed to be a waiver of any other unspecified rights.
30.4. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable, the validity, legality and
enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
30.5. Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire,
flood, storm or other force majeure event beyond the reasonable control of either party.
30.6. You warrant that you have the authority to enter into this agreement and have obtained all necessary internal
authorisations to allow you to do so.
31. Interpretation
31.1. Headings do not affect interpretation.
31.2. All references to the singular includes the plural and vice versa.
31.3. Person includes a firm or body corporate, an incorporated body, association or authority.
31.4. A reference to a person includes its executors, administrators, successors and permitted assigns.
31.5. Where two or more persons are a party, they are bound jointly and severally.
32. Definitions
In these Terms and Conditions:
(i) Agreement means the contract formed by your Credit Application, our acceptance and these Terms and Conditions.
(ii) “Amount Due” means either:
a. the amount stated on any Invoice issued to you;
b. the sum of all such Invoices;
c. the price; or
d. quoted price, whichever is higher.
(iii) “Customer” includes a company, partnership, sole trader or trustee.
(iv) “Goods” means any goods we have supplied to you or will supply to you in the future;
(v) “GST” has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999;
(vi) “Guarantor” means the persons named in any corresponding Guarantee and Indemnity.
(vii) “Purchase Order” or “Order” means an oral or written purchase order placed in accordance with our usual course of
business;
(viii) “Quote” means a verbal or written estimate of the amount to be charged by us;
(ix) “Services” means any Services we are to supply or have supplied to you.
(x) “Store” means any of our stores.
(xi) “Supplier” means any third-party supplier of the Goods to us.
(xii) “Tax Invoice” and “Taxable Supply” have the same meaning as in the A New Tax System (Goods and Services Tax) Act
1999;
(xiii) “Terms and Conditions” means these Terms and Conditions and any amendments to these Terms and Conditions made by
us from time to time.