Terms and Conditions of Trade.
- 1.“We” or “Us” means Allen Paper Limited.
“You” means the person or entity purchasing Goods or Services from us. “Goods” means all goods which You have ordered or purchased from Us.
“Services” means all services which You have ordered or purchased from Us.
3.Payments are to be made by Direct Credit (preferred method) or by cheque.
2.You agree that these Terms of Trade shall apply to all supplies of Goods and Services (including the present supply and all future supplies) by Us to You to the exclusion of any other terms and conditions, including without limitation, any terms and conditions in your documents which purport to provide that your own terms shall prevail.
3. We are under no obligation to accept all or any of your orders.
4. You cannot cancel a purchase order for Goods or Services which has been accepted by Us and You are bound to pay the full quoted purchase price.
5. That under the terms of the Privacy Act (1 July 1993) you irrevocably authorise any person or company to provide us with such information as we may require in response to our credit enquiries. That you authorise Allen Paper Limited to furnish to any third party details of this application and any subsequent dealings that you may have with us as a result of this application being actioned by us.
6. That you undertake to pay the account in full on or before the due date. In default of such prompt payment, you undertake to pay late payment fees on any amount outstanding and to indemnify us and pay all costs and expenses on a solicitor/client basis if legal action is necessary and/or a debt collection company of our choice, which we may incur in recovering from you any overdue amount.
7. Risk of damage to, or loss of, the Goods shall pass to you on collection of the Goods by You; or on delivery by Us or by the source to You or your agent; or if you fail to take delivery of the Goods, the time when we are deemed to have delivered the Goods.
8.Notwithstanding risk in the Goods passing in accordance with clause 7, title in the Goods shall not pass to you until we have received in full (in cash or cleared funds) all the sums due to us in respect of: (a) the Goods; and (b) all other sums which are or which become due to Us from You on any account. Until then: (i) you must hold the Goods supplied as bailee for us and we reserve the right to repossess the same or any part thereof at any time before title passes. You hereby irrevocably grant us the right to enter your or the delivery premises for this purpose. (ii) you may sell the Goods supplied in the ordinary course of your business as agent for us and must account to us for any sale proceeds, and hold the proceeds in trust for us until you do so.
9. You acknowledge that: (a) these Terms of Trade create a security interest as defined in the Personal Property Securities Act 1999 (“PPSA”) in favour of us in any Goods and any proceeds from, and existing or future rights in relation to, such Goods as security for all amounts payable by you to us and the performance of your obligations under these Terms of Trade; and (b) we may at any time register a financing statement in the Personal Property Securities Register (“PPSR”) to protect our security interest in the Goods. You agree to do all things necessary for us to register a financing statement on the PPSR and to ensure that our security interest is a first ranking perfected security interest over the Goods and their proceeds. You waive any right to receive from us a copy of any financing statement, financing change statement or verification statement arising in connection with any registration made on the PPSR by us in connection with our security interest in the Goods. (c) On the enforcement of any security interest created by these Terms of Trade to which the PPSA applies, sections 114(1)(a), 117(1)(c), 133 and 134 of the PPSA shall not apply. You waive any right you may have under sections 116, 119, 120(2), 121, 125, 126, 127, 129, 131 and 132 of the PPSA on enforcement of any such security interest.
10. You must pay to Us the purchase price for the Goods or Services plus GST, without set-off, deduction or counterclaim or other claim whatsoever no later than the 20th of the month following the date of invoice. If you fail to make payment in full to Us when due in respect of an invoice issued by Us, for whatever reason, we will be entitled (without prejudice to any other right or remedy we may have) to: (a) cancel or suspend any existing orders or delivery under any order to You and refuse to accept any new orders; and (b) charge You interest calculated on a daily basis at 6% per annum above the baseline lending rate from time to time of Our bankers on the overdue amount until such payment is made, such interest to accrue after aswell as before any judgment.
11. You will pay us on demand all costs (including but not limited to debt collection costs, agency fees, court fees and legal costs on a solicitor/client basis) incurred by Us in connection with any default by You under these Terms of Trade.
12. Allen Paper may at any time and from time to time with or without notice to the Customer and/or Guarantor(s), in its sole discretion, increase or decrease or suspend or revoke the amount of credit (and the credit limit) provided to the Customer. Any increase or decrease or suspension or revocation of credit or exceeding or change of any credit limit shall hereby be deemed to be consented to by the Customer and any Guarantor(s) and shall not release either the Customer or the Guarantor(s) from any liability whatsoever;
13. We may also cancel or suspend any existing orders or delivery under any order to You and refuse to accept any new orders if We are not satisfied with your credit-worthiness and financial standing.
14. If We delay or do not exercise any of our rights or remedies under these Terms of Trade or otherwise at law, that will not be a waiver of the right or remedy.
15. Any waiver or consent we give you must be in writing and will be effective only in the specific instance and for the specific purpose for which it is given.
16. Use of this account shall constitute acceptance of these terms and conditions.
17. We may from time to time and in its sole discretion amend, add to or delete any of the terms of these terms and conditions of trade with immediate effect by giving notice to the Customer. We may notify the you by delivering to the you an invoice with a notice of amendment and receipt of the invoice by the Customer will be deemed to be acceptance by the you of the terms and conditions of trade.
18. In the event that any provision of these Terms and Conditions of Trade is held to be invalid or unenforceable, such holding shall not affect the validity or enforceability of any other provision herein.