PPSA means the personal Property Securities Act 1999.
The terms collateral, debtor, financing statement, financing change statement, inventory, proceeds, and security interest have the meanings as defined in the PPSA. Purchase Money Security Interest (PMSI has the meaning defined in Section 1 of the PPSA.
Company means Avon Picture Mouldings Limited.
Goods mean all goods (including picture frame mouldings and other associated goods and services and all inventory supplied by the Company) supplied from time to time by the Company and includes all proceeds of such goods.
Price for goods
Prices for good will be either quoted to the customer in writing, or if no written quote is provided, then at the Company’s standard charges applying at the time as disclosed in its current price list. The Company may withdraw any quotation before it is accepted, and in any event, any quotation will lapse without notice 30 days after it is given. All prices quoted are exclusive of GST and any other duties or taxes. GST and any other duty duties and taxes will be payable as an additional amount on all prices and charges.
Unless otherwise agreed in writing, all freight, insurance, delivery charges and taxes will be additional to the price quoted.
Payment
Unless otherwise agreed in writing, payment for goods must be made by the 20th day of the month following the month in which the goods were invoiced by the Company.
Should payment in full not be made on the due date, then without prejudice to any other remedies available to the Company it may:
Cancel or withhold the supply of further goods.
Charge and recover interest charged on a daily basis at a rate of 2.5% per month during the period of default up until the date of payment; and
The customer shall be responsible for all costs (including costs on a solicitor/client basis) incurred by the Company in recovering all outstanding amounts.
If the total amount, (including interest), due and outstanding to the Company by the customer, is not paid by the due date, then any time after such date the Company may use their debt collection agent. This debt collection agent’s fee, legal fees (on a solicitor client basis) and other costs arising from such collection, will be added to the overdue and outstanding amount.
Payment made by credit card will incur a credit card service fee of 2.00% of the value of the payment.
Spreading of Payments
The Company may allocate any money received in payment for goods supplied towards debts, charges and expenses owing in any priority it determines so that payments can be applied in partial payment of all or any outstanding invoices to maintain a PMSI in the goods.
Credit
There is no obligation for the Company to continue to provide credit and it may at any time withdraw the credit facility granted and require immediate payment of the total amount due and outstanding by the customer including the purchase price of the goods, and all interest and expenses.
Consumer Guarantees Act 1993 (CGA)
Where the consumer is acquiring goods for business purposes the CGA shall not apply.
Personal Property Securities Act 1999 (PPSA)
To secure payment of all amounts owing by the customer to the Company from time to time, the customer as debtor grants a security interest in all goods previously supplied by the Company to the customer and all after acquired goods supplied by the Company to the customer. The customer agrees that the goods are collateral securing payment of all outstanding indebtedness owing by the customer to the Company.
The customer acknowledges and agrees that the security interest given to the Company includes a security interest in all proceeds of collateral.
The customer acknowledges and agrees that the security interest given to the Company is a PMSI.
The customer agrees to waive its right to receive a verification statement in respect of any financing statement or financing charge statement relating to the security interest and that the customer contracts out of section 114(1)(a) of the PPSA. The rights of a debtor in sections 116, 120(2), 121, 125, 126,127, 129 and 131 of the PPSA do not apply to the security interest given by the customer to the Company.
The Customer agrees to provide any information or sign any document required under the PPSA and the regulations under the PPSA to enable the Company to register a financing statement or a financing change statement.
Property in goods
Property in goods sold by the Company will not pass until the customer has made payment in full of the purchase price for those goods to the Company. The Company shall have the right to enter the premises occupied by the customer and take possession of any of those goods at any time after payment is due.
If the goods or any of them are resold before payment is made, the customer shall hold the sale proceeds for and on account of the Company. The proceeds of any such sale will reduce the debt to the Company and Company may take such legal remedies as are available to it to recover any balance outstanding.
Privacy Act
The customer expressly authorises the Company to make any enquiries it considers necessary for confirmation of any information set out on this application. The customer understands that it has rights under the Privacy Act 1993 to access and correct any information held by the Company about the customer.
Terms of Contract
Any goods supplied by the Company shall be subject to these terms unless agreed otherwise in writing. The customer’s acceptance of goods from the Company is deemed to be an acceptance of these terms notwithstanding anything that may be stated to the contrary in or contained in the customer’s purchase order and whether the customer has signed the front page of the se terms or not.
Waivers of or changes to these terms are effective only if made in writing and signed on the Company behalf. The Company reserves the right to modify these terms at any time.
