Terms & Conditions
TERMS AND CONDITIONS
The terms and conditions set out in this form will apply to credit extended by Upside Building Pty Limited (Hereinafter called the Supplier) and any of its related bodies corporate (as defined by the Corporations Act 2001) or assigns, and your signed application will be evidence of your agreement to that effect.
* “Goods” includes services.
* “Supplier” means Upside Building Pty Limited or any of its related bodies corporate (as defined by the Corporations Act 2001) or assigns from whom Goods are purchased.
* “Customer” or “Buyer” means the party making this application for credit.
* “Property” means all property owned by the Customer now or in the future, solely or jointly.
1. TERMS OF ACCOUNT
a) Trading Terms are strictly 30 Days, unless otherwise stated in writing by the Supplier, and Payment is to be received by the Supplier, within 30 Days or otherwise agreed, following the month/date of invoicing/billing.
b) The Customer agrees to pay any stamp duty assessed on this document.
c) The Customer must advise the Supplier in writing of any changes in its business structure as shown in this application within two (2) business days of
such change occurring. The person or entity, shown in the Supplier’s records as the Customer, remains liable to the Supplier for Goods supplied until
the Supplier has accepted a fresh credit application from the person or entity operating the new business structure.
If you fail to observe any of the above terms, or you have made a misrepresentation to the Supplier or given information which is untrue, credit facilities may be withdrawn and all charges made to your account will become due immediately.
2. OVERDUE ACCOUNTS
a) Any amount not paid by the due date will, at the discretion of the Supplier, be subject to interest charged at 1.5% per month calculated on a daily
basis on any monies due but unpaid. Such interest will be calculated from the due date of payment.
The parties agree that this amount is a genuine pre-estimate of the Supplier’s damages and is not a penalty.
b) The Customer agrees to pay all the Supplier’s reasonable costs & expenses, legal costs and any expenses incurred by the Supplier in connection with
recovery of amounts overdue.
c) The Customer grants to the Supplier an express legal and equitable charge over the customer’s freehold or leasehold property for the amounts due
on overdue accounts. The Customer agrees to deliver to the Supplier, within seven (7) days of demand, a properly executed Memorandum of
Mortgage in a form approved by the Supplier and which includes a covenant providing that interest may be charged on all outstanding monies at
the rate of 1.5% per month calculated on a daily basis on any monies due but unpaid. Such interest will be calculated from the due date of pay-ment.
d) The Company and/or individual person(s) referred to in Section (1) and/or (2) of this application hereby Charge all their Right, Title, Interest (if
any) in the property or properties referred to in Section (1) and (2) of this application and also any property or properties that they own
currently or may acquire in the future solely or jointly or have or become to have a beneficial interest in, in favour of the Supplier, with the due and punctual observance and performance of all of the obligations of the Customer/Buyer. Such person(s) acknowledge that the Supplier, may at its discretion register and lodge a Caveat(s) on such property or properties in respect of the interests conferred on it under this clause. Such registra-tion of a Caveat by the Supplier over the Customer(s) property or properties shall not be challenged by the Customer/Buyer in any way whatsoever, and the Buyer agrees not to take any steps in filing a “Lapsing Notice” via the Land Services Group/Land Titles Office to have the Caveat removed, until such time the Buyer has paid all monies owing by it to the Supplier as claimed from time to time.
3. TERMS AND CONDITIONS
Goods will be supplied on the Supplier’s then current terms and conditions of sale as detailed on the invoice or docket for Goods supplied with any altera-tions as may be notified to the Customer at point of sale.
The credit allowed under this application is limited to the higher of the amount advised by the Supplier or the amount of credit extended.
4. TITLE OF GOODS
Unless the Supplier specifies otherwise in writing, all Goods sold to the Customer will remain the property of the Supplier until the full purchase price is paid to the Supplier. Ownership of the goods by the Supplier is not affected by delivery. The Supplier will have the right to retake possession of Goods, which have not been paid for, in accordance with the Supplier’s terms of payment. The Customer gives the Supplier and its employees and agents for the time being the express right to enter upon the customer’s premises on reasonable notice to the Customer for the purpose of recovery of the Sup-plier’s goods. If prior to transfer of title, the Customer sells the Goods or uses the Goods in some manufacturing or construction process of its own or of a third party, then the Customer will hold the proceeds of such sale or process, as relates to the Goods in trust, for the Supplier.
5. PRIVACY DISCLOSURE AND CONSENT
I consent to and authorise the Supplier:
a) to obtain information about my personal or commercial credit worthiness from my bank or any trade referee disclosed in this document and any other credit provider and credit reporting agency for the purposes of assessing the application for credit, or in connection with any guarantee.
b) to use, disclose or exchange with other credit providers information about my personal or commercial credit arrangements in order to assess the application for credit (including whether to accept as Guarantor any person signing), monitor credit worthiness and collect overdue accounts.
c) to disclose the contents of a credit report by a credit reporting agency to the Supplier’s solicitors or mercantile agents.
The Supplier is bound by and complies with the National Privacy Principles in relation to the collection and disclosure of information regarding individuals. If you or a Guarantor do not provide the personal information requested in this document, the Supplier may be unable to process the application.