Terms & Conditions of Trade - PLASTIC CARD PRINTING

Definitions
1. “Client” means the person/s, entities or any person acting on behalf of and with the authority of the Client requesting PCP to provide the Services as specified in any proposal, quotation, order, invoice, or other documentation, and:
  1. if there is more than one Client, is a reference to each Client jointly and severally; and
  2. if the Client is a partnership, it shall bind each partner jointly and severally; and
  3. if the Client is on behalf of or part of, a Trust, shall be bound in its own capacity as a trustee; and
  4. includes the Client’s executors, administrators, successors, and permitted assigns.
2. “Contract” means the terms and conditions contained herein, together with any quotation, order, invoice or other document or amendments expressed to be supplemental to this Contract.
3. “Confidential Information” means information of a confidential nature whether oral, written or in electronic form including, but not limited to, this Contract, either party’s intellectual property, operational information, know-how, trade secrets, financial and commercial affairs, contracts, client information (including but not limited to, “Personal Information” such as: name, address, D.O.B, occupation, driver’s license details, electronic contact (email, Facebook or Twitter details), medical insurance details or next of kin and other contact information (where applicable), previous credit applications, credit history) and pricing details.
4. “Cookies” means small files which are stored on a user’s computer. They are designed to hold a modest amount of data (including Personal Information) specific to a particular client and website and can be accessed either by the web server or the client’s computer. If the Client does not wish to allow Cookies to operate in the background when using PCP’s website, then the Client shall have the right to enable / disable the Cookies first by selecting the option to enable / disable provided on the website, prior to making enquiries via the website.
5. “Goods” means all Goods or Services supplied by PCP to the Client at the Client’s request from time to time (where the context so permits the terms ‘Goods’ or ‘Services’ shall be interchangeable for the other).
6. “GST” means Goods and Services Tax as defined within the “A New Tax System (Goods and Services Tax) Act 1999” (Cth).
7. “PCP” means Plastic Card Printing Pty Ltd, its successors and assigns or any person acting on behalf of and with the authority of Plastic Card Printing Pty Ltd.
8. “Price” means the Price payable (plus any GST where applicable) for the Goods as agreed between PCP and the Client in accordance with clause 5 below.

Acceptance
1. The Client is taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions if the Client places an order for or accepts Delivery of the Goods.
2. In the event of any inconsistency between the terms and conditions of this Contract and any other prior document or schedule that the parties have entered into, the terms of this Contract shall prevail.
3. Any amendment to the terms and conditions contained in this Contract may only be amended in writing by the consent of both parties.
4. The Client acknowledges that the supply of Goods on credit shall not take effect until the Client has completed a credit application with PCP and it has been approved with a credit limit established for the account.
5. In the event that the supply of Goods requested exceeds the Client’s credit limit and/or the account exceeds the payment terms, PCP reserves the right to refuse Delivery.
6. These terms and conditions may be meant to be read in conjunction with PCP’s Hire Form, and where the context so permits, the terms ‘Goods or ‘Services shall include any supply of Equipment, as defined therein.
7. None of PCP’s agents or representatives are authorised to make any representations, statements, conditions or agreements not expressed by the manager of PCP in writing nor is PCP bound by any such unauthorised statements.
8. Electronic signatures shall be deemed to be accepted by either party providing that the parties have complied with Section 9 of the Electronic Transactions Act 2000 or any other applicable provisions of that Act or any Regulations referred to in that Act.

Errors and Omissions

1. The Client acknowledges and accepts that PCP shall, without prejudice, accept no liability in respect of any alleged or actual error(s) and/or omission(s):
  1. resulting from an inadvertent mistake made by PCP in the formation and/or administration of this Contract; and/or
  2. contained in/omitted from any literature (hard copy and/or electronic) supplied by PCP in respect of the Services.
2. In the event such an error and/or omission occurs in accordance with clause 3.1, and is not attributable to the negligence and/or wilful misconduct of PCP; the Client shall not be entitled to treat this Contract as repudiated nor render it invalid.
3. In circumstances where the Client is required to place an order for Goods, in writing, or otherwise as permitted by these terms and conditions, the Client is responsible for supplying correct order information such as, without limitation, measurements and quantity, when placing an order for Goods (whether they are made to order Goods or not). (“Client Error“). The Client must pay for all Goods it orders from PCP notwithstanding that such Goods suffer from a Client Error and notwithstanding that the Client has not taken or refuses to take delivery of such Goods. PCP is entitled to, at its absolute discretion to waive its right under this sub-clause in relation to Client Errors.

Change in Control
1. The Client shall give PCP not less than fourteen (14) days prior written notice of any proposed change of ownership of the Client and/or any other change in the Client’s details (including but not limited to, changes in the Client’s name, address, contact phone or fax number/s, change of trustees, or business practice). The Client shall be liable for any loss incurred by PCP as a result of the Client’s failure to comply with this clause.

Price and Payment
1. At PCP’s sole discretion, the Price shall be either:
  1. as indicated on any invoice provided by PCP to the Client; or
  2. the Price as at the date of Delivery of the Goods according to PCP’s current price list; or
  3. PCP’s quoted price (subject to clause 5.2) which will be valid for the period stated in the quotation or otherwise for a period of thirty (30) days.
2. PCP reserves the right to change the Price if a variation to PCP’s quotation is requested. Any variation from the plan of scheduled Services or specifications of the Goods (including, but not limited to, any variation as a result of fluctuations in currency exchange rates, changes in design or increases to PCP in the cost of taxes, levies, materials and labour etc) will be charged for on the basis of PCP’s quotation, and will be detailed in writing, and shown as variations on PCP’s invoice. The Client shall be required to respond to any variation submitted by PCP within ten (10) working days. Failure to do so will entitle PCP to add the cost of the variation to the Price. Payment for all variations must be made in full at the time of their completion.
3. At PCP’s sole discretion, a non-refundable deposit may be required.
4. Time for payment for the Goods being of the essence, the Price will be payable by the Client on the date/s determined by PCP, which may be:
  1. on or before Delivery of the Goods;
  2. by way of instalments/progress payments in accordance with PCP’s payment schedule;
  3. thirty (30) days following the end of the month in which a statement is posted to the Client’s address or address for notices;
  4. the date specified on any invoice or other form as being the date for payment; or
  5. failing any notice to the contrary, the date which is thirty (30) days following the invoice date for certain approved Clients otherwise seven (7) days following the date of any invoice given to the Client by PCP.
5. Payment may be made by cash, cheque, bank cheque, electronic/on-line banking, credit card (a surcharge may apply per transaction), or by any other method as agreed to between the Client and PCP.
6. PCP may in its discretion allocate any payment received from the Client towards any invoice that PCP determines and may do so at the time of receipt or at any time afterwards. On any default by the Client PCP may re-allocate any payments previously received and allocated. In the absence of any payment allocation by PCP, payment will be deemed to be allocated in such manner as preserves the maximum value of PCP’s Purchase Money Security Interest (as defined in the PPSA) in the Goods.
7. The Client shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Client by PCP nor to withhold payment of any invoice because part of that invoice is in dispute. Once in receipt of an invoice for payment, if any part of the invoice is in dispute, then the Client must notify PCP in writing within three (3) business days, the invoice shall remain due and payable for the full amount, until such time as PCP investigates the dispute claim, no credit shall be passed for refund until the review is completed. Failure to make payment may result in PCP placing the Client’s account into default and subject to default interest in accordance with clause 15.1.
8. Unless otherwise stated the Price does not include GST. In addition to the Price, the Client must pay to PCP an amount equal to any GST PCP must pay for any supply by PCP under this or any other agreement for the sale of the Goods. The Client must pay GST, without deduction or set-off of any other amounts, at the same time and on the same basis as the Client pays the Price. In addition, the Client must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.

Delivery of Goods
1. Delivery (“Delivery”) of the Goods is taken to occur at the time that:
  1. the Client or the Client’s nominated carrier takes possession of the Goods at PCP’s address; or
  2. PCP (or PCP’s nominated carrier) delivers the Goods to the Client’s nominated address even if the Client is not present at the address.
2. At PCP’s sole discretion, the cost of Delivery is included in the Price.
3. PCP may deliver the Goods in separate instalments. Each separate instalment shall be invoiced and paid in accordance with the provisions in these terms and conditions.
4. The Client must take Delivery by receipt or collection of the Goods whenever they are tendered for Delivery.
5. Any time specified by PCP for Delivery of the Goods is an estimate only and PCP will not be liable for any loss or damage incurred by the Client because of Delivery being late. However, both parties agree that they shall make every endeavour to enable the Goods to be delivered at the time and place as was arranged between both parties. If PCP is unable to supply the Goods as agreed solely due to any action or inaction of the Client, then PCP shall be entitled to charge a reasonable fee for redelivery and/or storage.

Risk
1. Risk of damage to or loss of the Goods passes to the Client on Delivery and the Client must insure the Goods on or before Delivery.
2. If any of the Goods are damaged or destroyed following Delivery but prior to ownership passing to the Client, PCP is entitled to receive all insurance proceeds payable for the Goods. The production of these terms and conditions by PCP is sufficient evidence of PCP’s rights to receive the insurance proceeds without the need for any person dealing with PCP to make further enquiries.
3. If the Client requests PCP to leave Goods outside PCP’s premises for collection or to deliver the Goods to an unattended location, then such Goods shall be left at the Client’s sole risk.
4. The Client acknowledges and accepts that Goods supplied may exhibit variations in shade, colour and finish, and may fade or change colour over time. PCP will make every effort to match batches of product supplied in order to minimise such variations but shall not be liable in any way whatsoever where such variations occur.
5. When quotations are based on specifications, roughs, layouts, samples and dummies or printed, typewritten or other good copy, any extra work or costs caused by any variation by the Client of his original instructions or by the manuscript copy being, in PCP’s opinion, poorly prepared or by the Client’s requirements being different from those originally submitted or described, then the cost of such variations may be charged to the Client and shown as extras on the invoice.
6. All Services carried out whether experimentally or otherwise at the Client’s request will be charged to the Client.
7. Any tabulated work and/or foreign language included in the job but not contained in the manuscript originally submitted for the purpose of estimating may be charged to the Client and shown as extras on the invoice.
8. Unless otherwise agreed, the Client shall bear the cost of fonts, or colour proofs, or artwork, specially bought at its request for Services.
9. PCP is under no obligation to provide samples of Goods ordered other than virtual (computerised) sample. Whilst every effort will be taken by PCP to match virtual colours with physical colours, PCP will take no responsibility for any variation between virtual sale samples and either the virtual sale sample displayed on the Client’s computer and/or the final product. Should a physical sample be required this will be provided on request by the Client and will be charged for as an extra including return freight, the charge will be contra against the final invoice.
10. PCP shall not be held liable for inks wearing through general wear and tear.
11. In the case of property and Goods left with PCP without specific instructions, PCP shall be free to dispose of them at the end of twelve (12) months after his receiving them and to accept and retain any proceeds gained from such disposal to cover PCP’s costs in holding and handling such items.

Proof Reading
1. Where PCP is requested to design, or printing services using measurements or dimensions supplied by the Client or their representatives, and these measurements are found to be incorrect the Client is liable for the costs for the re-creation of the printing as well as the original production costs.
2. Whilst every care is taken by PCP to carry out the instructions of the Client, it is the Client’s responsibility to undertake a final proof reading of the Goods. PCP shall be under no liability whatsoever for any errors not corrected by the Client in the final proof reading. Should the Client’s alterations require additional proofs this shall be invoiced as an extra.
3. When style, type or layout is left to PCP’s judgment, then the Client makes further alterations to the copy this will be invoiced as an extra.

Client Supplied Material
1. All artwork supplied by the Client shall be as per PCP’s specification sheet.

Title
1. PCP and the Client agree that ownership of the Goods shall not pass until:
  1. the Client has paid PCP all amounts owing to PCP; and
  2. the Client has met all of its other obligations to PCP.
2. Receipt by PCP of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised.
3. It is further agreed that, until ownership of the Goods passes to the Client in accordance with clause 10.1:
  1. the Client is only a bailee of the Goods and must return the Goods to PCP on request;
  2. the Client holds the benefit of the Client’s insurance of the Goods on trust for PCP and must pay to PCP the proceeds of any insurance in the event of the Goods being lost, damaged or destroyed;
  3. the Client must not sell, dispose, or otherwise part with possession of the Goods other than in the ordinary course of business and for market value. If the Client sells, disposes or parts with possession of the Goods then the Client must hold the proceeds of any such act on trust for PCP and must pay or deliver the proceeds to PCP on demand;
  4. the Client should not convert or process the Goods or intermix them with other goods but if the Client does so then the Client holds the resulting product on trust for the benefit of PCP and must sell, dispose of or return the resulting product to PCP as it so directs;
  5. the Client irrevocably authorises PCP to enter any premises where PCP believes the Goods are kept and recover possession of the Goods;
  6. PCP may recover possession of any Goods in transit whether or not Delivery has occurred;
  7. the Client shall not charge or grant an encumbrance over the Goods nor grant nor otherwise give away any interest in the Goods while they remain the property of PCP;
  8. PCP may commence proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods has not passed to the Client.

Personal Property Securities Act 2009 (“PPSA”)
1. In this clause financing statement, financing change statement, security agreement, and security interest has the meaning given to it by the PPSA.
2. Upon assenting to these terms and conditions in writing the Client acknowledges and agrees that these terms and conditions constitute a security agreement for the purposes of the PPSA and creates a security interest in all Goods that have previously been supplied and that will be supplied in the future by PCP to the Client, and the proceeds from such Goods.
3. The Client undertakes to:
  1. promptly sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which PCP may reasonably require to;
    1. register a financing statement or financing change statement in relation to a security interest on the Personal Property Securities Register;
    2. register any other document required to be registered by the PPSA; or
    3. correct a defect in a statement referred to in clause 11.3(a)(i) or 11.3(a)(ii);
  2. indemnify, and upon demand reimburse, PCP for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register established by the PPSA or releasing any Goods charged thereby;
  3. not register a financing change statement in respect of a security interest without the prior written consent of PCP;
  4. not register, or permit to be registered, a financing statement or a financing change statement in relation to the Goods or the proceeds of such Goods in favour of a third party without the prior written consent of PCP;
  5. immediately advise PCP of any material change in its business practices of selling the Goods which would result in a change in proceeds derived from such sales.
4. PCP and the Client agree that sections 96, 115 and 125 of the PPSA do not apply to the security agreement created by these terms and conditions.
5. The Client waives their rights to receive notices under sections 95, 118, 121(4), 130, 132(3)(d) and 132(4) of the PPSA.
6. The Client waives their rights as a grantor and/or a debtor under sections 142 and 143 of the PPSA.
7. Unless otherwise agreed to in writing by PCP, the Client waives their right to receive a verification statement in accordance with section 157 of the PPSA.
8. The Client must unconditionally ratify any actions taken by PCP under clauses 11.3 to 11.5.
9. Subject to any express provisions to the contrary (including those contained in this clause 11), nothing in these terms and conditions is intended to have the effect of contracting out of any of the provisions of the PPSA.

Security and Charge
1. In consideration of PCP agreeing to supply the Goods, the Client charges all of its rights, title and interest (whether joint or several) in any land, realty or other assets capable of being charged, owned by the Client either now or in the future, and the Client grants a security interest in all of its present and after-acquired property for the purposes of, including but not limited to registering PCP’s security interest over the Client on the PPSA, to secure the performance by the Client of its obligations under these terms and conditions (including, but not limited to, the payment of any money).
2. The Client indemnifies PCP from and against all PCP’s costs and disbursements including legal costs on a solicitor and own client basis incurred in exercising PCP’s rights under this clause.
3. The Client irrevocably appoints PCP and each director of PCP as the Client’s true and lawful attorney/s to perform all necessary acts to give effect to the provisions of this clause 12 including, but not limited to, signing any document on the Client’s behalf.

Defects, Warranties and Returns, Competition and Consumer Act 2010 (CCA)
1. The Client must inspect the Goods on Delivery and must within seven (7) days of Delivery notify PCP in writing of any evident defect/damage, shortage in quantity, or failure to comply with the description or quote. The Client must notify any other alleged defect in the Goods as soon as reasonably possible after any such defect becomes evident. Upon such notification the Client must allow PCP to inspect the Goods.
2. Under applicable State, Territory and Commonwealth Law (including, without limitation the CCA), certain statutory implied guarantees and warranties (including, without limitation the statutory guarantees under the CCA) may be implied into these terms and conditions (Non-Excluded Guarantees).
3. PCP acknowledges that nothing in these terms and conditions purports to modify or exclude the Non-Excluded Guarantees.
4. Except as expressly set out in these terms and conditions or in respect of the Non-Excluded Guarantees, PCP makes no warranties or other representations under these terms and conditions including but not limited to the quality or suitability of the Goods. PCP’s liability in respect of these warranties is limited to the fullest extent permitted by law.
5. If the Client is a consumer within the meaning of the CCA, PCP’s liability is limited to the extent permitted by section 64A of Schedule 2.
6. If PCP is required to replace the Goods under this clause or the CCA, but is unable to do so, PCP may refund any money the Client has paid for the Goods.
7. If the Client is not a consumer within the meaning of the CCA, PCP’s liability for any defect or damage in the Goods is:
  1. limited to the value of any express warranty or warranty card provided to the Client by PCP at PCP’s sole discretion;
  2. limited to any warranty to which PCP is entitled, if PCP did not manufacture the Goods;
  3. otherwise negated absolutely.
8. Subject to this clause 13, returns will only be accepted provided that:
  1. the Client has complied with the provisions of clause 13.1; and
  2. PCP has agreed that the Goods are defective; and
  3. the Goods are returned within a reasonable time at the Client’s cost (if that cost is not significant); and
  4. the Goods are returned in as close a condition to that in which they were delivered as is possible.
9. Notwithstanding clauses 13.1 to 13.8 but subject to the CCA, PCP shall not be liable for any defect or damage which may be caused or partly caused by or arise as a result of:
  1. the Client failing to properly maintain or store any Goods;
  2. the Client using the Goods for any purpose other than that for which they were designed;
  3. the Client continuing the use of any Goods after any defect became apparent or should have become apparent to a reasonably prudent operator or user;
  4. the Client failing to follow any instructions or guidelines provided by PCP;
  5. fair wear and tear, any accident, or act of God.
10. In the case of second hand Goods, unless the Client is a consumer under the CCA, the Client acknowledges that it has had full opportunity to inspect the second hand Goods prior to Delivery and accepts them with all faults and that to the extent permitted by law no warranty is given by PCP as to the quality or suitability for any purpose and any implied warranty, statutory or otherwise, is expressly excluded. The Client acknowledges and agrees that PCP has agreed to provide the Client with the second hand Goods and calculated the Price of the second hand Goods in reliance of this clause 13.10.
11. PCP may in its absolute discretion accept non-defective Goods for return in which case PCP may require the Client to pay handling fees of up to ten percent (10%) of the value of the returned Goods plus any freight costs.
12. Notwithstanding anything contained in this clause if PCP is required by a law to accept a return, then PCP will only accept a return on the conditions imposed by that law.
13. Subject to clause 13.1, customised, or non-stocklist items or Goods made or ordered to the Client’s specifications are not acceptable for credit or return.

Intellectual Property
1. Where PCP has designed, drawn or developed Goods for the Client, then the copyright in any designs and drawings and documents shall remain the property of PCP. Under no circumstances may such designs, drawings and documents be used without the express written approval of PCP.
2. The Client warrants that all designs, specifications, or instructions given to PCP will not cause PCP to infringe any patent, registered design or trademark in the execution of the Client’s order and the Client agrees to indemnify PCP against any action taken by a third party against PCP in respect of any such infringement.
3. The Client agrees that PCP may (at no cost) use for the purposes of marketing or entry into any competition, any documents, designs, drawings or Goods which PCP has created for the Client.

Default and Consequences of Default
1. Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at PCP’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
2. If the Client owes PCP any money, the Client shall indemnify PCP from and against all costs and disbursements incurred by PCP regarding legal costs on a solicitor and own client basis, internal administration fees, PCP’s contract fees owing for breach of these terms and conditions, including but not limited to, contract default fees and/or recovery costs (if applicable), as well as bank dishonour fees.
3. Further to any other rights or remedies PCP may have under this Contract, if a Client has made payment to PCP, and the transaction is subsequently reversed, the Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by PCP under this clause 15 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Client’s obligations under this Contract.
4. Without prejudice to PCP’s other remedies at law PCP shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to PCP shall, whether or not due for payment, become immediately payable if:
  1. any money payable to PCP becomes overdue, or in PCP’s opinion the Client will be unable to make a payment when it falls due;
  2. the Client has exceeded any applicable credit limit provided by PCP;
  3. the Client 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
  4. a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.

Cancellation
1. Without prejudice to any other remedies PCP may have, if at any time the Client is in breach of any obligation (including those relating to payment) under these terms and conditions PCP may suspend or terminate the supply of Goods to the Client. PCP will not be liable to the Client for any loss or damage the Client suffers because PCP has exercised its rights under this clause.
2. PCP may cancel any contract to which these terms and conditions apply or cancel Delivery of Goods at any time before the Goods are delivered by giving written notice to the Client. On giving such notice PCP shall repay to the Client any money paid by the Client for the Goods. PCP shall not be liable for any loss or damage whatsoever arising from such cancellation.
3. If the Client cancels Delivery of Goods, the Client shall be liable for all losses incurred (whether direct or indirect) by PCP as a direct result of the cancellation (including, but not limited to, any loss of profits).
4. Cancellation of orders for Goods made to the Client’s specifications, or for non-stocklist items, will not be accepted once production has commenced, or an order has been placed.

Privacy Policy
1. All emails, documents, images, or other recorded information held or used by PCP is Personal Information, as defined and referred to in clause 17.3, and therefore considered Confidential Information. PCP acknowledges its obligation in relation to the handling, use, disclosure and processing of Personal Information pursuant to the Privacy Act 1988 (“the Act”) including the Part IIIC of the Act being Privacy Amendment (Notifiable Data Breaches) Act 2017 (NDB) and any statutory requirements, where relevant in a European Economic Area (“EEA”), under the EU Data Privacy Laws (including the General Data Protection Regulation “GDPR”) (collectively, “EU Data Privacy Laws”). PCP acknowledges that in the event it becomes aware of any data breaches and/or disclosure of the Client’s Personal Information, held by PCP that may result in serious harm to the Client, PCP will notify the Client in accordance with the Act and/or the GDPR. Any release of such Personal Information must be in accordance with the Act and the GDPR (where relevant) and must be approved by the Client by written consent, unless subject to an operation of law.
2. Notwithstanding clause 17.1, privacy limitations will extend to PCP in respect of Cookies where the Client utilises PCP’s website to make enquiries. PCP agrees to display reference to such Cookies and/or similar tracking technologies, such as pixels and web beacons (if applicable), such technology allows the collection of Personal Information such as the Client’s:
  1. IP address, browser, email client type and other similar details;
  2. tracking website usage and traffic; and
  3. reports are available to PCP when PCP sends an email to the Client, so PCP may collect and review that information (“collectively Personal Information”)

If the Client consents to PCP’s use of Cookies on PCP’s website and later wishes to withdraw that consent, the Client may manage and control PCP’s privacy controls via the Client’s web browser, including removing Cookies by deleting them from the browser history when exiting the site.

The Client agrees that PCP may exchange information about the Client with those credit providers and with related body corporates for the following purposes:
1. to assess an application by the Client; and/or
2. to notify other credit providers of a default by the Client; and/or
3. to exchange information with other credit providers as to the status of this credit account, where the Client is in default with other credit providers; and/or
4. to assess the creditworthiness of the Client including the Client’s repayment history in the preceding two (2) years.
The Client consents to PCP being given a consumer credit report to collect overdue payment on commercial credit.
The Client agrees that personal credit information provided may be used and retained by PCP for the following purposes (and for other agreed purposes or required by):
1. the provision of Goods; and/or
2. analysing, verifying and/or checking the Client’s credit, payment and/or status in relation to the provision of Goods; and/or
3. processing of any payment instructions, direct debit facilities and/or credit facilities requested by the Client; and/or
4. enabling the collection of amounts outstanding in relation to the Goods.
PCP may give information about the Client to a CRB for the following purposes:
1. to obtain a consumer credit report;
2. allow the CRB to create or maintain a credit information file about the Client including credit history.
The information given to the CRB may include:
1. Personal Information as outlined in 17.3 above;
2. name of the credit provider and that PCP is a current credit provider to the Client;
3. whether the credit provider is a licensee;
4. type of consumer credit;
5. details concerning the Client’s application for credit or commercial credit (e.g. date of commencement/termination of the credit account and the amount requested);
6. advice of consumer credit defaults (provided PCP is a member of an approved OAIC External Disputes Resolution Scheme), overdue accounts, loan repayments or outstanding monies which are overdue by more than sixty (60) days and for which written notice for request of payment has been made and debt recovery action commenced or alternatively that the Client no longer has any overdue accounts and PCP has been paid or otherwise discharged and all details surrounding that discharge (e.g. dates of payments);
7. information that, in the opinion of PCP, the Client has committed a serious credit infringement;
8. advice that the amount of the Client’s overdue payment is equal to or more than one hundred and fifty dollars ($150).
The Client shall have the right to request (by e-mail) from PCP:
1. a copy of the Personal Information about the Client retained by PCP and the right to request that PCP correct any incorrect Personal Information; and
2. that PCP does not disclose any Personal Information about the Client for the purpose of direct marketing.
PCP will destroy Personal Information upon the Client’s request (by e-mail) or if it is no longer required unless it is required to fulfil the obligations of this Contract or is required to be maintained and/or stored in accordance with the law.
The Client can make a privacy complaint by contacting PCP via e-mail. PCP will respond to that complaint within seven (7) days of receipt and will take all reasonable steps to reach a decision on the complaint within thirty (30) days of receipt of the complaint. If the Client is not satisfied with the resolution provided, the Client can make a complaint to the Information Commissioner at www.oaic.gov.au.

Unpaid Seller’s Rights
1. Where the Client has left any item with PCP for repair, modification, exchange or for PCP to perform any other service in relation to the item and PCP has not received or been tendered the whole of any monies owing to it by the Client, PCP shall have, until all monies owing to PCP are paid:
  1. a lien on the item; and
  2. the right to retain or sell the item, such sale to be undertaken in accordance with any legislation applicable to the sale or disposal of uncollected goods.
2. The lien of PCP shall continue despite the commencement of proceedings, or judgment for any monies owing to PCP having been obtained against the Client.

Service of Notices
1. Any written notice given under this Contract shall be deemed to have been given and received:
  1. by handing the notice to the other party, in person;
  2. by leaving it at the address of the other party as stated in this Contract;
  3. by sending it by registered post to the address of the other party as stated in this Contract;
  4. if sent by facsimile transmission to the fax number of the other party as stated in this Contract (if any), on receipt of confirmation of the transmission;
  5. if sent by email to the other party’s last known email address.
2. Any notice that is posted shall be deemed to have been served, unless the contrary is shown, at the time when by the ordinary course of post, the notice would have been delivered.

Trusts
1. If the Client at any time upon or subsequent to entering in to the Contract is acting in the capacity of trustee of any trust (“Trust”) then whether or not PCP may have notice of the Trust, the Client covenants with PCP as follows:
  1. the Contract extends to all rights of indemnity which the Client now or subsequently may have against the Trust and the trust fund;
  2. the Client has full and complete power and authority under the Trust to enter into the Contract and the provisions of the Trust do not purport to exclude or take away the right of indemnity of the Client against the Trust or the trust fund. The Client will not release the right of indemnity or commit any breach of trust or be a party to any other action which might prejudice that right of indemnity;
  3. the Client will not without consent in writing of PCP (PCP will not unreasonably withhold consent), cause, permit, or suffer to happen any of the following events:
    1. the removal, replacement or retirement of the Client as trustee of the Trust;
    2. any alteration to or variation of the terms of the Trust;
    3. any advancement or distribution of capital of the Trust; or
    4. any resettlement of the trust property.

General
1. The failure by either party to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect that party’s right to subsequently enforce that provision. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
2. These terms and conditions and any contract to which they apply shall be governed by the laws of New South Wales and are subject to the jurisdiction of the courts in that state. These terms prevail over all terms and conditions of the Client (even if they form part of the Client’s purchase order).
3. Subject to clause 13, PCP shall be under no liability whatsoever to the Client for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the Client arising out of a breach by PCP of these terms and conditions (alternatively PCP’s liability shall be limited to damages which under no circumstances shall exceed the Price of the Goods).
4. PCP may licence and/or assign all or any part of its rights and/or obligations under this Contract without the Client’s consent.
5. The Client cannot licence or assign without the written approval of PCP.
6. PCP may elect to subcontract out any part of the Services but shall not be relieved from any liability or obligation under this Contract by so doing. Furthermore, the Client agrees and understands that they have no authority to give any instruction to any of PCP’s sub-contractors without the authority of PCP.
7. The Client agrees that PCP may amend their general terms and conditions for subsequent future contracts with the Client by disclosing such to the Client in writing. These changes shall be deemed to take effect from the date on which the Client accepts such changes, or otherwise at such time as the Client makes a further request for PCP to provide Goods to the Client.
8. Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm, national or global pandemics and/or the implementation of regulation, directions, rules or measures being enforced by Governments or embargo, including but not limited to, any Government imposed border lockdowns (including, worldwide destination ports), etc, (“Force Majeure”) or other event beyond the reasonable control of either party.
9. Both parties warrant that they have the power to enter this Contract and have obtained all necessary authorisations to allow them to do so, they are not insolvent and that this Contract creates binding and valid legal obligations on them.
10. The rights and obligations of the parties will not merge on completion of any transaction under this Contract, and they will survive the execution and delivery of any assignment or other document entered, for the purpose of, implementing any transaction under this Contract.