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Horseshoe Cove Marine Pty Ltd – Terms & Conditions of Trade


1. Definitions

1.1 Sellershall mean Horseshoe Cove Marine Pty Ltd and its successors

and assigns.

Buyershall mean the Buyer or any person or Seller acting on behalf of

and with the authority of the Buyer.

Goodsshall mean Goods supplied by the Seller to the Buyer (and

where the context so permits shall include any supply of Services as

hereinafter defined).

Servicesshall mean all services supplied by the Seller to the Buyer and

includes any advice or recommendations (and where the context so

permits shall include any supply of Goods as defined supra).

Priceshall mean the cost of the Goods as agreed between the Seller

and the Buyer subject to clause 3 of this contract.

2. Goods / Services

2.1 The Goods / Services shall be as described on the invoices, quotation,

work authorisation, sales order or any other work commencement forms

as provided by the Seller to the Buyer.

3. Price And Payment

3.1 At the Sellers sole discretion;

(a) The Price shall be as indicated on invoices provided by the Seller

to the Buyer in respect of Goods supplied; or

(b) The Price shall be the Seller
s current price at the date of delivery

of the Goods according to the Sellers current Price list.

(c) The price of the Goods shall be the seller
s quoted price which

shall be binding upon the seller provided that the Buyer shall

accept in writing the seller
s quotation within thirty (30) days.

3.2 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 shall be due on delivery of the Goods.

3.3 Payment will be made by cash, or by cheque, or by bank cheque, or by

direct credit, or any other method as agreed to between the Buyer and the


3.4 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 the Seller.

4. Risk

4.1 If the Seller retains property in the Goods nonetheless all risk for the

Goods passes to the Buyer on delivery.

4.2 If any of the Goods are damaged or destroyed prior to property in them

passing to the Buyer, the Seller is entitled, to receive all insurance

proceeds payable in respect of the Goods. The Seller will apply the

insurance proceeds as follows:

(i) first, in payment of the Price of the Goods that are damaged or

destroyed, if unpaid;

(ii) second, in payment of the outstanding Price of any other Goods

supplied to the Buyer by the Seller whether under the terms and

conditions or otherwise;

5. The Commonwealth Trade Practices Act 1974 and Fair Trading Acts

5.1 Nothing in this agreement is intended to have the affect of contracting out

of any applicable provisions of the Commonwealth Trade Practices Act

1974 or the Fair Trading Acts in each of the States and Territories of

Australia, except to the extent permitted by those Acts where applicable.

6. Default & Consequences Of Default

6.1 Interest on overdue invoices shall accrue from the date when payment

becomes due daily until the date of payment at a rate of 2.5% per

calendar month and shall accrue at such a rate after as well as before any


6.2 If the Buyer defaults in payment of any invoice when due, the Buyer shall

indemnify the Seller from and against all the Seller
s costs and

disbursements including on a solicitor and own client basis and in addition

all of EC Credit Control Pty Limited
s costs of collection.

6.3 In the event that:

(a) any money payable to the Seller becomes overdue, or in the

s opinion the Buyer will be unable to meet its payments as

they fall due; or

(b) the Buyer becomes insolvent, convenes a meeting with its

creditors or proposes or enters into an arrangement with creditors,

or makes an assignment for the benefit of its creditors; or

(c) a receiver, manager, liquidator (provisional or otherwise) or similar

person is appointed in respect of the Buyer or any asset of the

Buyer, then;

(i) the Seller shall be entitled to cancel all or any part of any order of

the Buyer which remains unperformed in addition to and without

prejudice to any other remedies; and

(ii) all amounts owing to the Seller shall, whether or not due for

payment, immediately become payable.

7. Title

7.1 It is the intention of the seller and agreed by the Buyer that property in the

Goods shall not pass until:

(a) The Buyer has paid all amounts owing for the particular Goods,


(b) The Buyer has met all other obligations due by the Buyer to the Seller

in respect of all contracts between the Seller and the Buyer, and that

the Goods, or proceeds of the sale of the Goods, shall be kept

separate until the Seller shall have received payment and all other

obligations of the Buyer are met.

7.2 It is further agreed that:

(a) Until such time as ownership of the Goods shall pass from the Seller

to the Buyer the Seller may give notice in writing to the Buyer to return

the Goods or any of them to the Seller. Upon such notice the rights of

the Buyer to obtain ownership or any other interest in the Goods shall


(b) If the Buyer fails to return the Goods to the Seller then the Seller or

the Seller
s agent may enter upon and into land and premises owned,

occupied or used by the Buyer, or any premises as the invitee of the

Buyer, where the Goods are situated and take possession of the

Goods, without being responsible for any damage thereby caused.

8. Cancellation

8.1 The Seller may cancel these terms and conditions or cancel delivery of

Goods at any time before the Goods are delivered by giving written notice.

The Seller shall not be liable for any loss or damage whatever arising from

such cancellation.

9. Privacy Act 1988

9.1 The Buyer and/or the Guarantor/s agree for the Seller to obtain from a creditreporting

agency a credit report containing personal credit information about

the Buyer and Guarantor/s in relation to credit provided by the Seller.

9.2 The Buyer and/or the Guarantor/s agree that the Seller may exchange

information about Buyer and Guarantor/s 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 Buyer;

(b) To notify other credit providers of a default by the Buyer;

(c) To exchange information with other credit providers as to the status of

this credit account, where the Buyer is in default with other credit

providers; and

(d) To assess the credit worthiness of Buyer and/or Guarantor/s.

9.3 The Buyer consents to the Seller being given a consumer credit report to

collect overdue payment on commercial credit (Section 18K(1)(h) Privacy Act


9.4 The Buyer agrees that Personal Data provided may be used and retained by

the Seller for the following purposes and for other purposes as shall be

agreed between the Buyer and Seller or required by law from time to time:

(a) provision of Goods & Services;

(b) marketing of Goods and or Services by the Seller, its agents or

distributors in relation to the Goods and Services;

(c) analysing, verifying and/or checking the Buyer
s credit, payment

and/or status in relation to the provision of Goods or Services;

(d) processing of any payment instructions, direct debit facilities and/or

credit facilities requested by Buyer; and

(e) enabling the daily operation of Buyer
s account and/or the collection ofamounts outstanding in the Buyers account in relation to the Goods

and Services.

9.5 The Seller may give, information about the Buyer to a credit reporting agency

for the following purposes:

(a) to obtain a consumer credit report about the Buyer; and or

(b) allow the credit reporting agency to create or maintain a credit

information file containing information about the Buyer.

10. General

10.1 If any provision of these terms and conditions shall be invalid, void or illegal

or unenforceable the validity existence, legality and enforceability of the

remaining provisions shall not be affected, prejudiced or impaired.

10.2 All Goods supplied by the Seller are subject to the laws of New South Wales

and the Seller takes no responsibility for changes in the law which affect the

Goods supplied.

10.3 The Seller shall be under no liability whatever to the Buyer for any indirect

loss and/or expense (including loss of profit) suffered by the Buyer arising

out of a breach by the Seller of these terms and conditions.

10.4 The Seller reserves the right to review these terms and conditions at any

time and from time to time. If, following any such review, there is to be any

change in such terms and conditions, that change will take effect from the

date on which the seller notifies the Buyer in writing of such change.

Last Updated ( Saturday, 13 September 2014 )