In these Terms and Conditions ‘The Company’ means LQ Group Pty Ltd. ‘The Applicant’ means the person making application for credit facilities as detailed on the front page hereof.
- (a) All accounts are payable within seven days from date due on the printed invoice or as arranged and confirmed in writing by the Company.
(b) within 7 days of the date printed on the invoice the applicant shall give written notice to the company of any defect requiring rectification. The company shall do all such things (if any) to rectify and complete the work.
(c) in the event that the applicant does not give any notice within the time specified in sub-clause (b) of this clause the work shall be deemed to have been completed on the date of the invoice issued by the company.
(d) the Company shall not be liable to remedy any damage or rectify any defects to the works arising from any work carried out on the site by the owner or the owner’s servants and agents at any time.
- (a) Unless the Company agrees in writing to the postponement of payment of any monies owing to the Company by the Applicant, interest shall be payable by the Applicant on the highest debit balance of each calendar month of monies owing by the Applicant to the Company calculated monthly from the date the monies became due until the actual date of payment at a rate of 20% per annum provided that, not withstanding anything hereinbefore contained, the Company may, at any time after the date hereof serve on the Applicant a notice varying as from the future date specified therein the interest rate, and the rate shall be varied as therein provided from the date therein specified, being a date not less than 7 days after the date of service of such notice.
(b) Payments received by the Company will be applied as follows:- first in the reduction of interest payable and accruing from month to month and secondly in reduction of all other monies owing to the Company until such a time as all monies owing to the Company have been paid in full.
- The Company may withdraw credit facilities at any time without notice or the Company may from time to time or any time increase or decrease the limit (if any) of the credit facility provided without notice to the Applicant or Guarantor (if any).
- The Company may from time to time require payment if any manner hereinafter provided:-
(a) a payment in advance of the whole or any part of the contract price;
(b) a progress payment of 80% of the contract price when the goods and services are delivered to the job site;
(c) progress payments as required from time to time in full satisfaction of the price quoted upon the supply of material and completion of work to the value of the payments demanded, and the Company may require security satisfactory to the Company (including guarantees) to be given as a condition precedent for the continuation of the credit facility.
- (a) Any legal costs, stamp duties or other expenses and loses incurred by the Company in respect of the Application, agreements, guarantees, securities or other documentation required by the Company recently incurred by the Company in consequence of this Application together with any collection costs, dishonoured cheque fees etc., incurred, shall be paid by the Applicant to the extent that such a payment is permitted.
(b) The Applicant will pay to the Company on demand all charges made by the Company in respect of opening and maintaining any credit account in the name of the Applicant.
(c) The Company and its employees take all care in carrying out al work in a tradesman like manner and accept no responsibility for damage whilst carrying out Installation, Servicing or Repairs as instructed to do so by the Applicant and or Client.
- If the Applicants:
(a) defaults in the due observance of all or any of its obligations under any agreement with the Company; or
(b) being a person, dies, commits an act of bankruptcy; or
(c) being a company, takes or shall have taken against it any action for its winding up, placement under official management or receivership, then the Company may without prejudice to any rights or remedies open to it:
(d) treat as discharged all or any obligation on its part arising from any agreement with the Applicant;
(e) retain any security given or monies paid by the Applicant or through the enforcement of any guarantee, security or bond and apply this in reduction of any sum which may be lawfully recovered from the Applicant.
(f) Enter upon the Applicant’s premises or elsewhere to take possession and remove any goods under any contract for work and material for which goods payment has not been received and which property has not passed from the Company;
(g) Take such steps as it may deem necessary to mitigate the damages suffered including the putting to use, hiring out, sale or disposal or any goods and services supplied or to be supplied under the contract and in its possession;
- Should there be any variation to any of the information supplied by the Applicant in this Application or in the structure or nature of the Applicant’s business (such as a conversion to or from a company or trust) the Applicant shall forthwith notify the Company in writing. Unless notification of such variation or change is given, the original Application and those persons who signed as guarantors on this Application shall remain liable to the Company as though any goods or service or work or material supplied by the company were supplied to the original Applicant.
- Where the Applicant is a trustee:
(a) the Applicant agrees to forthwith produce a stamped copy of the Trust deed (with all amendments) if and when requested by the Company; and
(b) the Applicant warrants that it has full power and authority for the benefit and purpose and objects to the Trust to make this Application on behalf of the Trust and that it shall be bound by the terms of this Application both personally and as trustee.
- The Applicant hereby acknowledges that the credit facilities hereby applied for do not extend to any transaction which is or may be a “regulated contract” as that expression is defined in the Credit Act 1984.
(a) In marking this application the Applicants agree in accordance with the provisions of the Commonwealth Privacy Act as amended that disclosure by a credit reporting agency; and/or use by Company of the relevant information referred to in the Act for the purpose of assessing this application.
(b) The Applicant also allows the company to obtain all particulars in relation to private, business and other ie addresses phone number listed or personal details bank accounts and waving all writes under FederalCommonwealth and State Laws, Acts or other.
- The Applicant and the Guarantor (if any) do hereby agree that for the purpose of securing the liability and obligations hereunder of each of the Applicant and the Guarantor (if any) do hereby charge with the due and punctual payment and the due and punctual and complete performance by each of them of all their liabilities, and obligations hereunder all their real properly both present and future and each of the Application and the Guarantor (if any) do hereby consent to the Company lodging a caveat or caveats noting its interest hereunder.
- The Applicant and the Guarantor (if any) agree that the certificate invoices and Statements of the Company to the Applicant shall be conclusive evidence as to the amount owing to the Company by the Applicant and the Guarantor (if any).
- The Company shall not be deemed to have waived any of the terms or conditions of this Application or agree to any variation thereof unless it is done so expressly in writing and signed by the Company.
- Where there is any inconsistency between the terms and conditions of this Application and any subsequent agreements for the supply of goods and services work or materials by the Company, any such subsequent agreement shall be read down to the extent necessary to give full force and effect of the terms and conditions of the Application.
- In this Application words in the singular shall be construed so as to include the plural and words in the Masculine gender shall be construed so as to include every other gender.
- Should any dispute or difference arise between the company and the Applicant in connection with works carried out by the company then:
(a) either party shall give written notice to the other of the existence of any such dispute or difference.
(b) such notice must provide sufficient detail to identify the cause and nature of the dispute or difference.
(c) at the expiration of seven (7) days following the giving or such notice, unless it shall have been otherwise settled, such dispute or difference may then be submitted for resolution by mediator and or litigators.