Thank you for your request to set up a Credit Application with High Technology Control. We look forward to trading with you and trust that you will find our advanced services and equipment valuable to your company. Please note any information given will be regarded as true and correct and as such will be treated in full confidentiality.
In the following terms and conditions ‘THE COMPANY’ means High Technology Control Pty Ltd. ‘THE APPLICANT’ means the entity for which you are applying for credit under. The applicant making this application for credit facilities hereby:- ‘Agrees that the trade references given may be approached in order to process this application; Warrants that the information is true and correct; Agrees that any change which affects the trading address, legal identity, structure of management or control of the applicant, that the company will be notified in writing within seven days of the change becoming effective; Warrants that unless otherwise stated in this application the business is not structured on a trustee involving discretionary or family trusts; Acknowledges that in a case of a trust company that trustees shall be liable on the account and that in addition the assets of the trust shall be available to meet payment of the account; Acknowledges receipt and agrees to observe the company’s terms and conditions of sale; Acknowledges that the goods supplied by the company shall remain the property of the company until such time as the goods are paid for in full; Adheres to the terms and conditions of this agreement and our standard conditions of trade, laid out in our standard conditions of sale; Agrees to pay any collection costs, including legal expenses and debt collection commission, included in obtaining payment of applicant’s account.’
Goods and services supplied by High Technology Control Pty Ltd are supplied upon the following 15 itemised terms and conditions.
1. A contract is entered into by the purchaser when High Technology Control Pty Ltd has received an order either in writing or verbally and High Technology Control Pty Ltd either sends the purchaser a written acceptance or dispatches the goods or carries out the services.
2. The price to be charged is that quoted at the time of order or as agreed at the time of dispatch. Prices are ex-warehouse and are subject to GST and any other government sales taxes. The purchaser shall arrange to bear the cost of delivery, freight and insurance unless waived by High Technology Control Pty Ltd.
3. Dispatch will be carried out in a timely manner subject to High Technology Control Pty Ltd ability to effect transport by available means.
4. No claims for compensation or refund will be recognized unless made in writing within 7 days of delivery.
5. Requests for cancellation of orders or return of goods will be treated on acase by casebasis and is at the absolute discretion of High Technology Control Pty Ltd taking into account the circumstances of the request. High Technology Control reserves the right to charge restocking or cancellation fees in such circumstances.
6. Payment is to be made within 30 days of invoice date unless special terms are negotiated and approved in writing. Invoices unpaid on these terms may attract interest charges at prevailing bank overdraft interest rates and/orthird partydebt recovery costs applicable to it commencing at the date of invoice.
7. Unless prevented by statute all implied terms, conditions, and warranties are excluded. High Technology Control Pty Ltd guarantees that the product will be free of defects but is not responsible for the use or misuse of the goods or the installations thereof by the purchaser or third party. The purchasers remedy for any breach of warranties or conditions of goods shall be limited at the discretion of High Technology Control Pty Ltd to the replacement of the goods and shall not include any consequential loss or damage in the event of any defect in or failure of the goods.
8. All goods are supplied subject to the retention of title. The goods remain the property of High Technology Control Pty Ltd until complete payment of all claims due to High Technology Control Pty Ltd arising from all business transactions between the seller and the purchaser. Prior to use or resale of goods the purchaser shall maintain them in an identifiable condition in store or on-site. The purchaser may resell the goods in the ordinary course of business subject to maintaining High Technology Control Pty Ltd rights against the goods and as fiduciary in recovering payment of the goods and segregating such proceeds for the account of High Technology Control Pty Ltd until payment is made in full. The purchaser assigns to High Technology Control Pty Ltd any claims or rights against a sub-purchase in order to enable High Technology Control Pty Ltd to make full recovery of monies owing to it in respect of the goods. In the event of the failure of the purchaser to pay for the goods or in the event of the appointment of a receiver and manager, liquidator, agent in possession or execution or distress High Technology Control may gain escorted entry to the purchaser’s premises or elsewhere where the goods are stored or installed and recover them or appoint an agent in writing to do so and the purchaser acknowledges and guarantees such right of entry in the above circumstances.
9. All sales are governed by the law of New South Wales. All disputes arising hereunder will be dealt with in the courts of New South Wales and courts hearing appeals from here.
10. High Technology Control Pty Ltd does not waive any of its strict legal rights in respect of these conditions or the goods and shall not be bound by waiver made by its servants and agents on a particular occasion.
11. The purchaser hereby releases, indemnifies and defends High Technology Control Pty Ltd from and against any losses, liabilities, claims, suits and costs caused by or arising out of the way in which the goods are packaged if the goods and any packages or containers in which they are contained are made in compliance with the purchaser’s design or specification.
12. High Technology Control Pty Ltd will not be responsible for any delay in or failure of performance of supply or delivery of goods caused by circumstances beyond its control including, but not limited to, strikes, lock-outs, labour disturbances, act of government, riot, civil war, commotion, fire, flood, failure of power supply or similar event and shall not be liable for any consequential loss, damage, expense or claim suffered by the purchaser or any other party as a result of any such event.
13. High Technology Control Pty Ltd reserves the right to make null and void all discounts on unpaid overdue invoices and the total list price becomes payable in the event that debt collection becoming necessary. The purchaser also agrees to pay any collection costs, including legal expenses and debt collection commissions, included in obtaining payment of outstanding debts.
14. Credit limits arebinding and any orders that exceed credit limit, the balance difference will need to be paid prior to delivery. Credit Limits are based on credit score, ASIC data, trade references andnecessity. Credit limits can be increased over time as needed provided positive payment history has been established. For all credit limits over $10,000.00, a security interest will be registered with PPSR. For all credit limits $40,000 and over additional ATO data and director guarantee will be required.
15. When goods are ready for despatch;If there are any delays in delivery on the part of the customer, High Technology Control Pty Ltd is within its rights to invoice thecustomer within 2 weeks of requested delivery date regardless if delivery has occurred or not.
These conditions of sale will not be varied.