Application for Credit Account

To establish a 30 day credit account with TrussCorp Pty Ltd, fill in the Credit Application attached, complete and return the original to PO Box 6194, YATALA DC QLD 4207. It is important that all information is supplied in full. An incomplete form may delay the processing of your application and a decision. 

TERMS AND CONDITIONS

Payment terms

  1. The terms of payment are strictly thirty (30) days (or such other period as nominated by the supplier herein) from end of month.  TrussCorp Pty Ltd ABN 99 124 771 848 and its related bodies corporate (as that term is defined in the Corporations Act 2001) (Supplier) may, at any time, unilaterally vary the terms of trade in its absolute and unfettered discretion.
  2. Should the Applicant not pay for the goods or services supplied by the Supplier in accordance with the credit terms as provided herein, or as agreed in writing by the Supplier from time to time, the Supplier will be entitled to charge an administration fee of 10 percent of the amount of the invoice payable per year, or part thereof, from the date the goods or services were supplied (and not the day when the Supplier’s invoice was payable) until payment by the Applicant.

Prices

  1. All prices will be as quoted or in accordance with the Supplier's current price at the time of order whichever will be the higher. Verbal quotations are subject to written confirmation.
  2. Unless expressly stated otherwise, all prices quoted or specified are expressed to be exclusive of GST. In addition to the price, the Applicant must pay the full amount of GST on the price of the Goods at the same time and in the same manner as the price of the goods.
  3. All quotations shall be subject to rise and fall and shall remain valid for thirty (30) days only from the date of issue unless subsequently confirmed in writing by the Supplier after such period has elapsed.
  4. All prices quoted are these ruling at the date of issue and are based on rates for freight, insurance, sorting, packing, waste, cost of materials and other charges affecting the cost of production when the quote is made.

Quotations

  1. The Applicant is to check and confirm all sizes, quantities and dimensions prior to accepting Supplier’s quotation, as only those items displayed will be supplied, all extras will be charged to the Applicant or their account. Acceptance of the Supplier’s quotation shall be confirmed by the Applicant in writing and be accompanied by sufficient information to enable work to proceed, failing either of which the commencement of work shall be withheld and requested delivery dates deferred until such time as the said information is received.
  2. It is the final responsibility of the Applicant to ensure that the plans, information and relevant details contained in the documents provided for quoting are complete and accurate in every sense. Information and changes to plans or special construction/fixing details that are provided to the Supplier after accepting the initial quotation will attract additional costs if not in accordance with the quotation. To avoid unexpected costs, the Applicant must provide all details and clear direction on its requirements at the quotation stage. The Supplier must receive all changes in writing before those instructions are deemed as being received and sub sequentially actioned.
  3. Layouts provided at the quotation stage must not be used for construction. Installation layouts, details and set out dimensions of critical components will be supplied following the placement of order and design for manufacture is completed.
  4. The Supplier reserves the right to re-price all or any part of any quotation that has been ordered by the Applicant, where the delivery and/or invoice of the product has not occurred within ninety (90) days of the quotation’s acceptance date.
  5. In any quotation the price of materials, transport and labour are quoted as at the date thereof. If any such price be varied in any way between the date of the quotation and the completion of the works so as to increase the total cost, the Supplier reserves the right to adjust the quoted price(s) accordingly and this clause shall apply to all quotations unless prices are stated therein as “fixed”.
  6. All sizes and measurements required for goods or the manufacture thereof, the subject of any quotation, are to be supplied and guaranteed correct by the Applicant. Quotations given for bills of quantities provided by the Applicant are limited to the quantities and descriptions shown in such bills and the Supplier accepts no responsibility for the accuracy of or for an omission in such bills of quantities. The cost of any special packing and packing materials used in relation to goods are at the Applicant’s expense regardless of any omission from any quotation.
  7. Quotations will expire after thirty (30) days without further notice to the Applicant.
  8. The Applicant acknowledges that the Supplier is not and does not represent to be qualified quantity surveyors. The Applicant acknowledges that in the choice of goods, the quantity, quality and specifications thereof and the assessment of their suitability for the purpose required, the Applicant has relied entirely on his own knowledge, skill and judgement. All specifications, drawings and details submitted are approximate only and any deviation will not void any contract or give rise to a claim from the Supplier. The descriptions, illustrations and performance statements in any brochure, price lists or advertising matter do not form part of the contract of sale or description of the goods. If any specifications are supplied by the Applicant the price is made on estimates of quantities required. Any adjustments to the quantities from quotation then the price will be adjusted on a unit rate basis according to unit prices set out in the quotation or other document supplied to the Applicant.

Contract for sale of goods

  1. Quotations made by the Supplier will not be construed as an offer or obligation to supply in accordance with the quotation. The Supplier reserves the right to accept or reject, at its discretion, any offer to purchase received by it. Only written acceptance by the Supplier of the Applicant’s offer will complete a contract.
  2. Each order constitutes an offer by the Applicant to acquire the goods subject to these terms and conditions and to the exclusion of any other terms and conditions asserted by the Applicant.
  3. A contract will be made between the Supplier and the Applicant for the supply of goods only when an order is accepted by the Supplier in writing and accompanied by sufficient information to enable the work to proceed, failing either of which, the Supplier shall be entitled to withhold commencement of work. Any additional work or variations to that specified in the quotation shall be at the additional cost to the Applicant and the Supplier will not proceed to execute same until confirmed and accepted in writing.
  4. No order may be cancelled except with the Supplier’s consent in writing and on terms which will indemnify the Supplier against all losses.
  5. Credit requests and back-charges from the Applicant to the Supplier when submitted must be accompanied by the Supplier’s order number. All other requests will be rejected.

Delivery and risk

  1. Risk of Ioss or damage to the goods will pass to the Applicant when the goods are collected by the Applicant or are delivered by the carrier. The Applicant appoints the Supplier as agent to deliver or procure the delivery of the goods to the consignment address and in such case a separate contract is deemed to be created in relation to such delivery.
  2. Unless otherwise agreed between the Supplier and the Applicant, the Supplier may in its absolute discretion select a carrier to deliver the goods to the Applicant.
  3. The Applicant will not be relieved of any obligation to accept or pay for goods by reason of any delay in delivery or despatch. The Supplier reserves the right to accept any order in whole or in part, or to decline any order. The Supplier reserves the right to deliver by instalments, and each instalment will be deemed to be sold under a separate contract. Failure to deliver any instalment will not entitle the Applicant to repudiate the contract only a claim for compensation for that instalment.
  4. The delivery times made known to the Applicant are estimates only and the Supplier will not be liable for late delivery or non-delivery and under no circumstances will the Supplier be liable for any loss, damage or delay occasioned to the Applicant or its applicants arising from late or non-delivery of the goods.
  5. The Supplier will be conclusively presumed to have delivered the goods in accordance with this agreement if the goods are delivered to the Consignment Address, whether or not the Supplier obtains a receipt or signed delivery docket for the goods from any person.
  6. If delivery cannot be effected, the Supplier may store the goods or redeliver the goods to the Applicant and the Applicant must pay or indemnify the Supplier for all costs and expenses incurred.
  7. The Supplier will not be responsible for any loss or damage to goods in transit. The Supplier will render the Applicant such assistance as may be necessary to press claims on carriers provided the Applicant will have notified the Supplier and the carrier in writing immediately loss or damage is discovered on receipt of goods and must lodge a claim on the carrier within three days of the date of receipt of the goods.
  8. In the event of the Supplier agreeing to the return of the goods by the Applicant, the goods will be at the Applicant's risk until such time as the goods reach the Supplier's place of business. The expense of return will be borne by the Applicant, the expense of re-delivery will be borne by the Applicant.
  9. Where goods have been manufactured to meet a confirmed delivery date as set by the Applicant and subsequently placed on hold, the Supplier reserves the right to charge/invoice the Applicant in the month in which delivery was to have been effected.
  10. The Supplier will not accept responsibility and will not be held liable for the aesthetic appearance and structural integrity of finished goods which have been manufactured to meet a delivery date in the current month and have then been deferred by the Applicant into the following month or beyond. Additional labour and/or materials required to ensure the structural integrity of the finished product will be charged to the Applicant. Including but not limited to: dismantling packs, repressing nail plates, removal and replacement of deteriorated timbers, re-assemble ready for transport. Instances where goods have been on hold for an extended period of time, (greater than one month); goods may be in a condition such that they require replacement / re-manufacture, this will be at the Applicants cost. All remedial work will be at the Applicants cost and will not be undertaken until the Applicant provides the Supplier with a signed order or Supplier purchase order accepting the costs for remedial work to be undertaken.
  11. Where a delivery date has been requested by the Applicant and is then deferred into the next month, the Supplier reserves the right to invoice the Applicant for the goods within the current month, the delivery was originally requested. The Supplier reserve the right to charge “Holding Fees” for finished goods where the delivery date has been deferred or remains unconfirmed /or on hold in our yard. Where “Holding Fees” have been charged to the Applicant, the Supplier does not accept responsibility and will not be held liable, for the aesthetic appearance and structural integrity of finished goods.

Unloading goods

  1. Every reasonable effort will be made by the Supplier or their nominated carrier to assist the Applicant in the placement of product on the building site. However the final decision regarding the placement of product will remain with the delivery driver. The placement of roof trusses on to top plates is not guaranteed and costs incurred by the Applicant to do so are in all cases at the Applicant’s cost.
  2. Every reasonable effort will be made by the Supplier to assist the Applicant in the placement of roof trusses on the standing building structure, subject to the following conditions being met.
    1. the builder guarantees that where the goods are required to be placed on a standing frame, that the frame is fully braced and structurally sound enough to support the load (see WH&S Safety Sheet 96-1-15 Appendix 5) and (4.1(g) AS2550.5-1993 Appendix 4), and to the satisfaction of the driver hoisting the load
    2. the builder is required to advise the Operator of any weaknesses in the ground, i.e. freshly dug drains, and holes, sullage pits, etc that is likely to compromise the safety or safe workings of the vehicle or crane (Part 5 Clause 4.1(d) of AS2550.5-1993 - see Appendix 4). Sufficient access is required for the vehicle to extend the cranes supporting legs onto solid ground. Muddy and water-laden sites will be subject to the driver's discretion.
    3. no obstructions exist in the path of the crane. E.g.: power lines, trees or erected scaffolding.
    4. the crane operator must have a clear field of vision in both direction of travel and of slew and lift to enable safe operation.
    5. in the instance where the Applicant has requested the placement of roof trusses onto top plate, the Applicant or its representative will be required to assist the driver in dogging the hoisted load. If assistance is not available on the site, the driver will have no alternative than to place the load on stable ground, enabling them to leave the crane controls.
    6. the vehicles have a limited reach to load rating and in some cases will be unable to position trusses to the extent requested by the Applicant.
    7. in the instance where these conditions cannot be fulfilled, then the operator will unload the goods onto the ground as close as practicable to the site.
    8. the final decision regarding the placement of goods on site will remain with the driver of the vehicle, as the condition of the site is unknown until the time of the delivery.

Standard manufacturing specifications and installation requirements

  1. Unless noted otherwise on the quotation:
    1. all products are supplied in “Untreated” framing materials, unless specified at each item description on the quotation.
    2. quotations do not include the following items, unless specified:
    3. F.C sheeting, Compressed F.C, Cladding, Fixings, Feature Timber, Post supports, Stairs, Handrails, Steel beams/posts, Roof battens, Ceiling battens, Gable battens, Framing Tie-down, Truss spacers or temporary top chord bracing, Box gutter linings/floors.
    4. all prices are based on the sizes and dimensions shown on the  plan, where the Applicant’s plan does not nominate sizes of timbers, etc, the Supplier will quote in as per relevant codeAS1684, unless otherwise requested.
    5. double Top plates are supplied with ribbon plate’s being installed on site by builder, Single Bottom plates are designed with solid / full support being required.
    6. wall framing systems are designed with tie-down restraints located at 1200mm maximum centres (tie down to be supplied by Applicant).
    7. hip end framing is quoted standard as "Hanging Beam" ceiling frames and Pre-cut raftered hip ends.
    8. overhang fascia’s have been designed in accordance with AS1684.1,  assuming the builder is propping all overhangs back to frame.
    9. the wall frame and/or Roof Trusses have not been designed to accommodate any "Guardrail or Fall Arrest" barrier system being fixed to any component of the product. Where the Applicant intends fixing a Guardrail or Fall Arrest system to these products, additional strengthening and third party engineering will be required.
    10. large span and high/tall apex height trusses will in all cases need to be hoisted onto the building structure by a mobile crane service, this service and its associated costs do not form part of the Supplier’s quotation unless specified. It is the Applicant's responsibility to inform the Crane Company, that an appropriate spreader bar device to sufficiently support the load without damage occurring will be required.
    11. Projects that require site visits to check dimensional variations from the plans do not form part of this quotation. Where the Supplier is required to attend site, the cost of travel and time spent on site will be charged at an agreed hourly rate and charged to the Applicant or its account.
    12. Manufactured Products must be installed, erected, braced or used in accordance with the relevant Australian Standards, plans, diagrams and installation details provided and such installation, erection or use must comply with the requirements of any statutes, regulations, ordinances or by-laws so far as the same apply to the installation, erection and use of the manufactured product.
    13. The Applicant shall not install, erect, overload or use manufactured products in any manner whatsoever which may impair the structural efficiency of the product.
    14. Manufactured products must be properly installed, erected or used and adequately protected from the weather within twenty-one (21) days from the date of delivery to site.

Jurisdiction

  1. The Applicant acknowledges and agrees that this agreement will be governed by the laws of Queensland, and the laws of the Commonwealth of Australia which are in force in Queensland.
  2. The Applicant acknowledges and agrees that any contract for the supply of goods or services between the Supplier and the Applicant is formed at the address of the Supplier.
  3. The parties to this agreement submit to the non-exclusive jurisdiction of the courts of Queensland and the relevant federal courts and courts competent to hear appeals from those courts.

Security/charges

  1. The Applicant charges in favour of the Supplier all of its estate and interest in any real property that the Applicant owns at present and in the future with the amount of its indebtedness hereunder until discharged.
  2. The Applicant charges in favour of the Supplier all of its estate and interest in any personal property that the Applicant owns at present and in the future with the amount of its indebtedness hereunder until discharged.
  3. The Applicant appoints as its duly constituted attorney the Supplier's secretary from time to time to execute in the Applicant's name and as the Applicant's act and deed any real property mortgage, bill of sale or consent to any caveat the Supplier may choose to lodge against real property that the Applicant may own in any Land Titles Office in any state or territory of Australia, even though the Applicant may not have defaulted in carrying out its obligations hereunder.
  4. Where the Applicant has previously entered into an agreement with the Supplier by which the Applicant has granted a charge, mortgage or other security over real or personal property, those charges, mortgages or other security interests will continue and co-exist with the obligations and security interests created in this agreement. The Supplier may, at its election, vary the terms of such previous charges, mortgages or other securities to reflect the terms herein.

Purpose of credit

  1. The Applicant acknowledges and agrees that the credit to be provided to the Applicant by the Supplier is to be applied wholly or predominantly for commercial purposes.

Retention of title

  1. Whilst the Applicant has not paid for the goods supplied in full at any time, the Applicant agrees that property and title in the goods will not pass to the Applicant and the Supplier retains the legal and equitable title in those goods supplied and not yet sold.
  2. Until payment in full has been made to the Supplier, the Applicant will hold the goods in a fiduciary capacity for the Supplier and agrees to store the goods in such a manner that they can be identified as the property of the Supplier, and will not mix the goods with other similar goods.
  3. The Applicant will be entitled to sell the goods in the ordinary course of its business, but until full payment for the goods has been made to the Supplier, the Applicant will sell as agent and bailee for the Supplier and the proceeds of sale of the goods will be held by the Applicant on trust for the Supplier absolutely.
  4. The Applicant’s indebtedness to the Supplier, whether in full or in part, will not be discharged by the operation of clause 43 hereof unless and until the funds held on trust are remitted to the Supplier.
  5. The Applicant agrees that whilst property and title in the goods remains with the Supplier, the Supplier has the right, with or without prior notice to the Applicant, to enter upon any premises occupied by the Applicant (or any receiver, receiver and manager, administrator, liquidator or trustee in bankruptcy of the Applicant) to inspect the goods of the Supplier and to repossess the goods which may be in the Applicant’s possession, custody or control when payment is overdue.
  6. The Applicant will be responsible for the Supplier’s costs and expenses in exercising its rights under clause 45. Where the Supplier exercises any power to enter the premises, that entry will not give rise to any action of trespass or similar action on the part of the Applicant against the Supplier, its employees, servants or agents.
  7. The Applicant agrees that where the goods have been retaken into the possession of the Supplier, the Supplier has the absolute right to sell or deal with the goods, and if necessary, sell the goods with the trademark or name of the Applicant on those goods, and the Applicant hereby grants an irrevocable licence to the Supplier to do all things necessary to sell the goods bearing the name or trademark of the Applicant.
  8. The Applicant will be responsible for the Supplier’s costs and expenses in exercising its rights under clause45. Where the Supplier exercises any power to enter the premises, that entry will not give rise to any action of trespass or similar action on the part of the Applicant against the Supplier, its employees, servants or agents.
  9. For the avoidance of doubt, the Supplier’s interest constitutes a ‘purchase money security interest’ pursuant to the Personal Property Securities Act 2009.

Warranty/Liability

  1. The Supplier agrees and acknowledges that the Applicant is entitled to all rights and remedies in respect of the goods which the customs has under the Competition and Consumer Act 2010 and similar Stale and Territory laws and which cannot be lawfully excluded, restricted or modified. These terms and conditions do not purport to, and do not have the effect of, excluding, restricting or modifying the exercise of any such right or remedy or the liability of the Supplier in respect of any such right or remedy.
  2. The Applicant does not have any rights or remedies in respect of the goods other than the rights and remedies expressly provided for in these terms and conditions or agreed and acknowledged by the Supplier in these terms and conditions.
  3. Subject always to clauses 51 and 52 :
    1. all conditions, warranties and guarantees other than those expressly provided for in these terms and conditions or agreed and acknowledged by the Supplier in those terms and conditions are excluded to the fullest extent permitted by law, and
    2. the Supplier will not be liable to the Applicant for any loss caused (in whole or in part) by or arising out of any use of the goods or any defect in the goods or any failure, malfunction, breakdown or deterioration of the goods and any delay in delivery.
  4. Where the Applicant is a consumer under the Competition and Consumer Act 2010 or similar State and Territory laws and goods supplied or services provided to the Applicant are not of a kind ordinarily acquired for personal, domestic or household use or consumption, then unless the Applicant establishes that reliance on this provision would not be fair and reasonable, the liability for a breach of a condition or warranty implied into these terms and conditions by the Competition and Consumer Act 2010 or by any similar State or Territory laws (other than a condition implied by sections 51-53 of the Competition and Consumer Act 2010 or by the equivalent provisions of any similar State or Territory laws) is limited to any one of the following as determined by the Supplier.
    1. in the case of goods supplied.
      1. the replacement of the goods or the supply or equivalent goods;
      2. the repair of the goods.
      3. the payment of the cost or replacement of the goods or of acquiring equivalent goods; or
      4. for the payment of the cost of having the goods repaired.
    2. in the case of services provided:
      1. the supply of the services again; or
      2. the payment of the cost of having the services supplied again.
  5. The Applicant acknowledges that neither the Supplier nor any person purporting to act on its behalf has made any representation or inducement or given any promise or undertaking which is not expressly set out in the order or these conditions whether as to the fitness of the goods for any particular purpose or any other matter.

Claims and disputes

  1. Any claims as to quality or quantity of goods should require any claims to be notified within seven (7) days and the Supplier evidence of delivery of a quantity will be conclusive. In the event of a dispute between the Applicant and the Supplier relating to either the quality or delivery of the goods the Applicant agrees to pay the Supplier all such amounts owing to the Supplier by the Applicant until such time as the dispute is resolved.
  2. Back charges / credit claim requests for alterations or repairs made to product will require prior approval for works undertaken and an “Order Number” to be issued by Supplier. Credit claims will only be issued following inspection and assessment by one of the Supplier’s representatives prior to completion of any works. Requests that are not accompanied by an order number will not be accepted.

Cancellation of terms of credit

  1. The Supplier reserves the right to withdraw credit at any time, whether the Applicant is in default under the terms of this agreement or not.
  2. Upon cancellation with or without notice all liabilities incurred by the Applicant become immediately due and payable to the Supplier.

Indemnity

  1. The Applicant agrees to indemnify the Supplier and keep the Supplier indemnified against any claim. This indemnity includes any legal fees and expenses the Supplier incurs in order to enforce its rights, on an indemnity basis.

Provision of further information

  1. The Applicant undertakes to comply with any request by the Supplier to provide further information for the purpose of assessing the Applicant’s creditworthiness, including an updated credit application.
  2. If the Applicant is a corporation (with the exception of a public listed Supplier), it must advise the Supplier of any alteration to its corporate structure (for example, by changing directors, shareholders, or its constitution). In the case of a change of directors or shareholders the Supplier may ask for new guarantors to sign a guarantee and indemnity.
  3. The information provided in this application is true and correct in every particular and the Applicant acknowledges that the Supplier will be relying upon the information to determine whether or not to grant this application for credit.
  4. The Supplier may make additional periodic checks that it sees fit to continue its assessment.

Corporations

  1. If the Applicant is a corporation, the Applicant warrants that all of its directors have signed this agreement and that all of its directors will enter into a guarantee and indemnity with the Supplier in relation to the Applicant's obligations to the Supplier.

Trustee capacity

  1. If the Applicant is the trustee of a trust (whether disclosed to the Supplier or not), the Applicant warrants to the Supplier that:
    1. the Applicant enters into this agreement in both its capacity as trustee and in its personal capacity;
    2. the Applicant has the right to be indemnified out of trust assets;
    3. the Applicant has the power under the trust deed to sign this agreement; and
    4. the Applicant will not retire as trustee of the trust or appoint any new or additional trustee without advising the Supplier.
  2. The Applicant must give the Supplier a copy of the trust deed upon request.

Partnership

  1. If the Applicant enters into this agreement as partners, the Applicant warrants that all of the partners have signed this agreement and that all of the partners will enter into a guarantee and indemnity with the Supplier in relation to the Applicant's obligations to the Supplier.
  2. If the Applicant is a partnership, it must not alter its partnership (for example, adding or removing partners or altering its partnership agreement) without advising the Supplier. In the case of a change of partners, the Supplier may ask for new guarantors to sign a guarantee and indemnity.

Insolvency

  1. If the Applicant becomes insolvent, the Applicant remains liable under this agreement for payment of all liabilities incurred hereunder. The Applicant remains liable under this agreement even if the Supplier receives a dividend or payment as a result of the Applicant being insolvent.

Waiver

  1. A waiver of any provision or breach of this agreement by the Supplier must be made by an authorised officer of the Supplier in writing. A waiver of any provision or breach of this agreement by the Applicant must be made by the Applicant's authorised officer in writing.
  2. Until ownership of the goods passes, the Applicant waives its rights it would otherwise have under the PPSA:
    1. under section 95 to receive notice of intention to remove an accession;
    2. under section 118 to receive notice that the Supplier intends to enforce its security interest in accordance with land law;
    3. under section 121(4) to receive a notice of enforcement action against liquid assets;
    4. under section 129 to receive a notice of disposal of goods by the Supplier purchasing the goods;
    5. under section 130 to receive a notice to dispose of goods;
    6. under section 132(2) to receive a statement of account following disposal of goods;
    7. under section 132(4) to receive a statement of account if no disposal of goods for each 6 month period;
    8. under section 135 to receive notice of any proposal of the Supplier to retain goods;
    9. under section 137(2) to object to any proposal of the Supplier to retain or dispose of goods;
    10. under section 142 to redeem the goods;
    11. under section 143 to reinstate the security agreement; and
    12. under section 157(1) and 157(3) to receive a notice of any verification statement.

Costs

  1. The Applicant must pay for its own legal, accounting and business costs and all costs incurred by the Supplier relating to any default by the Applicant. The Applicant must also pay for all stamp duty and other taxes payable on this agreement (if any).
  2. The Applicant will pay the Supplier’s costs and disbursements incurred in pursuing any recovery action, or any other claim or remedy, against the Applicant, including collection costs, debt recovery fees and legal costs on an indemnity basis. Such costs and disbursements will be due and payable by the Applicant to the Supplier irrespective of whether pursuit of the recovery action, claim or remedy is successful.
  3. The Applicant acknowledges and agrees that payments by the Applicant will be applied by the Supplier as follows.
    1. Firstly, in payment of any and all collection costs and legal costs in accordance with clauses 45 and 73 .
    2. Secondly, in payment of any interest incurred in accordance with clause 78 .
    3. Thirdly, in payment of the outstanding invoice(s).

Taxes and duty

  1. The Applicant must pay GST on any taxable supply made by the Supplier to the Applicant under this agreement. The payment of GST is in addition to any other consideration payable by the Applicant for a taxable supply.
  2. If as a result of:
    1. any legislation becoming applicable to the subject matter of this agreement; or
    2. any changes in legislation or its interpretation by a court of competent jurisdiction or by any authority charged with its administration;
    3. the Supplier becomes liable to pay any tax, duty, excise or levy in respect of the amounts received from the Applicant, then the Applicant must pay the Supplier these additional amounts on demand.

Interest rates

  1. The interest rate on any outstanding debts is a fixed rate of 15 percent per annum.

Set-off

  1. All payments required to be made by the Applicant under this agreement will be made free of any set-off, or counterclaim and without deduction or withholding.
  2. Any amount due to the Supplier from time to time may be deducted from any monies which may be or may become payable to the Applicant by the Supplier.

Miscellaneous

  1. The Supplier is not liable for any loss caused to the Applicant by reason of strikes, lockouts, fires, riots, war, embargoes, civil commotions, acts of God or any other activity beyond the Supplier's control.
  2. The Supplier is not liable, whether claims are made or not, for loss of profit, economic or financial loss, damages, consequential loss, loss of opportunity or benefit, loss of a right or any other indirect loss suffered by the Applicant.
  3. During the continuance of an event of force majeure affecting the Supplier, it will provide notice in writing that its obligations hereunder will be suspended and will resume as soon as possible after the cause or circumstance has ceased to have effect.
  4. The Applicant will, at the request of the Supplier, execute documents and do such further acts as may be required for the Supplier to register the security interest granted by the Applicant under the PPSA. The Supplier may register the Applicant for security interest under the PPSA without notification to the Applicant.
  5. The Applicant agrees to accept service of any document required to be served, including any notice under this agreement or the PPSA or any originating process, by prepaid post at any address nominated in this application or any other address later notified to the Supplier by the Applicant or the Applicant’s authorised representative.
  6. The Applicant further agrees that where the Suppliers has rights in addition to those under part 4 of the PPSA, those rights will continue to apply.
  7. The Applicant irrevocably grants to the Supplier the right to enter upon the Applicant’s property or premises, without notice, and without being in any way liable to the Applicant or to any third party, of the Supplier has cause to exercise any of their rights under sections 123 and/or 128 of the PPSA, and the Applicant shall indemnify the Supplier from any claims made by any third party as a result of such exercise.
  8. Without limiting any other clause, the goods remain at the risk of the Applicant and not the Supplier and the Supplier will not be under any liability to the Applicant or any other person (other than liability which may not be lawfully excluded) for loss or damage (including direct or consequential loss or damage such as, without limitation, loss of profit or anticipated profit, loss of use, damage to goodwill and loss due to delay) however caused (and without limitation whether by negligence, breach of statute, breach of contract, wilful act or otherwise) which may be suffered or incurred or which may arise from or in connection with directly or indirectly the supply of the goods and/or any failure by the Supplier to comply with or breach by the Supplier of any of its obligations under any order and whether or not its occurrence was contemplated or should reasonably have been foreseen by the Supplier and/or the Applicant, or it constitutes a fundamental breach by the Supplier of the contract or a breach by the Supplier of a fundamental term of it.

Severance

  1. If any provision of this agreement is not enforceable in accordance with its terms, other provisions which are self-sustaining are, and continue to be, enforceable in accordance with their terms.
  2. If any part of this agreement is invalid or unenforceable, that part is deleted and the remainder of the agreement remains effective.

Variation

  1. The Applicant agrees that these terms and conditions may be varied, added to, or amended by an authorised officer of the Supplier at any time by written notice to the Applicant.
  2. Any proposed variation to these terms and conditions by the Applicant must be requested in writing. The Supplier may refuse any such request without providing reasons either orally or in writing.

Consent to register

  1. The Applicant hereby consents to the Supplier recording the details of this Agreement on the Personal Property Securities Register and agrees to do all things necessary and reasonably required by the Supplier to effect such registration.
  2. The Applicant waives any right or entitlement to receive notice of the registration of any security interest(s) created by this instrument on the Personal Property Securities Register.

Entire agreement

  1. This agreement constitutes the entire agreement between the parties relating in any way to its subject matter. Subject to clause 40 all previous negotiations, understandings, representations, warranties, memoranda or commitments about the subject matter of this agreement are merged in this agreement and are of no further effect. No oral explanation or information provided by a party to another affects the meaning or interpretation of this agreement or constitutes any collateral agreement, warranty or understanding.
  2. These terms and conditions supersede all previous terms and conditions and may only be varied if authorised in writing on behalf of the Supplier.

Privacy Act

  1. The Applicant agrees to the terms of the Privacy Act 1988 authorisation contained in this document.

Conditions of Sale

  1. The Applicant and each of the officers of the Applicant and any Guarantor/s gives consent to the Supplier to:-
    1. Disclosing and obtaining personal information to and/or from another credit provider or credit reporting agency including information relating to the commercial creditworthiness and personal creditworthiness of them;
    2. Using any information obtained for the purposes of assessing this credit application, collecting payments due under this Application and notifying other credit providers of the commercial creditworthiness of them;
    3. Disclose information about you where it has a duty to the public to disclose that information, and/or where it is required by law;
    4. Register any security interest on any register (eg registering a PMSI on the PPSR);
    5. Receive advertising material from you.
  2. The Applicant may at any time gain access, upon request to the Supplier for information held about the Applicant.
  3. The Supplier may without notice to the Applicant disclose the Applicant’s repayment history information are for example, but not limited to: Veda, Dunn & Bradstreet, BICB, NCI, Atradius, other suppliers, etc.
  4. The Supplier takes the Applicant’s privacy seriously. The Supplier will comply with the Privacy Act including the Australian Privacy Principles.
  5. All manufactured products, defined as (Roof Truss systems, Floor Truss systems, Prefabricated Wall Frame systems, Engineered Timber, Products) will be supplied subject to the Suppliers (TrussCorp/Company) standard: "GENERAL TERMS AND CONDITIONS OF SALE AND QUOTATION", a copy accompanies every quotation and is contained within the Suppliers application for a Commercial Credit Account.
  6. Please refer to the Quotation, estimation sheets and layouts for specific notes, details & conditions applying to its content.  If this additional information has not been received, please request a copy and review it in detail prior to placing any order for supply.
  7. The Supplier will not accept orders where the terms of supply are subject to retention of payment and /or liquidated damages.
  8. Cancellation of orders after acceptance have been signed in writing will be at the discretion of the Supplier.  Costs incurred by the Supplier, prior to the order being cancelled will be charged to the Customer, for items such as design work, detailing for manufacture and any labour or materials for manufacture already consumed.
  9. In the event where payment of an account is in arrears, the Supplier reserves the right to withhold product certification and/or any other documentation until payment is received in full.
  10. Whilst the Supplier will make every endeavour to meet the requested delivery dates and time, NO CLAIM for costs incurred by the customer will be accepted in the event of the Company failing to do so; including occasion where manufactured products are not positioned on to top plates.  All deliveries are net on the ground unless noted otherwise.
  11. Alterations carried out on manufactured products by the customer, without the approval of the Supplier will render the warranty and certification of the product, NULL and VOID.
  12. In the event that the Supplier is requested by the client to visit a site where there is a perceived problem with the fabricated product supplied, then a representative will attend.  However should the aforesaid problem be in no way attributable to the Supplier then the Supplier reserves the right to charge the customer at an hourly rate for services provided, including travel to and from site.
  13. Site access – Adequate and clear site access for semi-trailers and body trucks is in every case the Applicant’s responsibility.  The costs for (recovering bogged vehicle’s; fine’s issued to the Supplier or the Applicant’ from Local Councils due to muddy or water laden sites; or delays to the Supplier’s representative vehicles once on the Applicant’s site); that are due or associated to problems with access, will be charged to the Applicant’s account.  Heavy vehicles are not permitted to cross street kerbing, channel, footpaths or car tracks without written or verbal permission from the Applicant or his representatives, (which includes the builder’s sub-contractor / tradesman).        

Termination

  1. The Supplier will be entitled to immediately terminate any Order with the Applicant or revoke any credit terms granted if the Applicant fails to punctually pay moneys due to the Supplier, has any security enforced against it, commits an act of bankruptcy or, being a company, passes a resolution for winding up (except for the purposes of reconstruction) or a court makes an order winding the company of if the company notifies the Applicant that it is of the view that the Applicant or any Related Body Corporate of the Applicant has credit claims against it legal demand or action or a judgment entered.
  2. Upon the occurrence of a termination event referred to in Clause 107, the Supplier reserves the right to cancel an Order with the Applicant (to the extent that the Order remains unperformed) in whole or in part without any liability attaching to the Supplier, stop any Goods in transit and dispose of the Goods produced for the Applicant to a third party and all moneys owing to the Supplier in respect of any Order will be immediately payable.
  3. Termination is without prejudice to any right or obligation which may have accrued prior to termination.


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