General Terms and Conditions of Trade for Services
©Copyright – EC Credit Control 1999 – 2016
1. Services
1.1 The Services shall be as described on any invoices, quotation,
work authorisation, or any other forms which are provided by the
Seller to the Buyer.
2. Price and Payment
2.1 The Price shall be as indicated on invoices provided by the Seller to
the Buyer in respect of the Services supplied.
2.2 Time for payment for the Services shall be of the essence and will
be stated on the invoice, quotation, or any other order forms. If no
time is stated then payment will be due seven (7) days following the
date of the invoice.
2.3 The Price shall be increased by the amount of any GST and other
taxes and duties which may be applicable, except to the extent that
such taxes are expressly included in any quotation given by the
Seller.
3. Default and Consequences of Default
3.1 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 the Seller’s
sole discretion such interest shall compound monthly at such a
rate) after as well as before any judgment.
3.2 If the Buyer owes the Seller any money the Buyer shall indemnify
the Seller from and against all costs and disbursements incurred by
the Seller in recovering the debt (including but not limited to internal
administration fees, legal costs on a solicitor and own Buyer basis,
the Seller’s collection agency costs, and bank dishonour fees).
4. Defects, Warranties and the Competition and Consumer Act
2010 (CCA)
4.1 The Buyer must inspect the Seller’s Services on completion of the
Services and must within seven (7) days notify the Seller in writing
of any evident defect in the Services provided (including the Seller’s
workmanship) or of any other failure by the Seller to comply with
the description of, or quote for, the Services which the Seller was to
supply. The Buyer must notify any other alleged defect in the
Seller’s Services as soon as is reasonably possible after any such
defect becomes evident. Upon such notification the Buyer must
allow the Seller to review the Services that were provided.
4.2 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).
4.3 The Seller acknowledges that nothing in these terms and conditions
purports to modify or exclude the Non-Excluded Guarantees.
4.4 Except as expressly set out in these terms and conditions or in
respect of the Non-Excluded Guarantees, the Seller makes no
warranties or other representations under these terms and
conditions including, but not limited to, the quality or suitability of
the Services. The Seller’s liability in respect of these warranties is
limited to the fullest extent permitted by law.
4.5 If the Buyer is a consumer within the meaning of the CCA, the
Seller’s liability is limited to the extent permitted by section 64A of
Schedule 2.
4.6 If the Seller is required to rectify, re-supply, or pay the cost of resupplying the Services under this clause or the CCA, but is unable
to do so, then the Seller may refund any money the Buyer has paid
for the Services but only to the extent that such refund shall take
into account the value of Services which have been provided to the
Buyer which were not defective.
4.7 If the Buyer is not a consumer within the meaning of the CCA, the
Seller’s liability for any defective Services is:
(a) limited to the value of any express warranty or warranty card
provided to the Buyer by the Seller at the Seller’s sole
discretion;
(b) otherwise negated absolutely.
4.8 Notwithstanding clauses 4.1 to 4.7 but subject to the CCA, the
Seller shall not be liable for any defect or damage which may be
caused or partly caused by or arise as a result of:
(a) interference with the Services by the Buyer or any third party
without the Seller’s prior approval;
(b) the Buyer failing to follow any instructions or guidelines
provided by the Seller;
(c) fair wear and tear, any accident, or act of God.
5. Privacy Act 1988
5.1 The Buyer agrees for the Seller to obtain from a credit reporting
body (CRB) a credit report containing personal credit information
(e.g. name, address, D.O.B, occupation, previous credit
applications, credit history) about the Buyer in relation to credit
provided by the Seller.
5.2 The Buyer agrees that the Seller may exchange information about
the Buyer with those credit providers and with related body
corporates for the following purposes:
(a) to assess an application by the Buyer; and/or
(b) to notify other credit providers of a default by the Buyer; and/or
(c) to exchange information with other credit providers as to the
status of this credit account, where the Buyer is in default with
other credit providers; and/or
(d) to assess the creditworthiness of the Buyer including the
Buyer’s repayment history in the preceding two years.
5.3 The Buyer consents to the Seller being given a consumer credit
report to collect overdue payment on commercial credit.
5.4 The Buyer agrees that personal credit information provided may be
used and retained by the Seller for the following purposes (and for
other agreed purposes or required by):
(a) the provision of Services; and/or
(b) analysing, verifying and/or checking the Buyer’s credit, payment
and/or status in relation to the provision of Services; and/or
(c) processing of any payment instructions, direct debit facilities
and/or credit facilities requested by the Buyer; and/or
(d) enabling the collection of amounts outstanding in relation to the
Services.
5.5 The Seller may give information about the Buyer to a CRB for the
following purposes:
(a) to obtain a consumer credit report;
(b) allow the CRB to create or maintain a credit information file
about the Buyer including credit history.
5.6 The information given to the CRB may include:
(a) personal information as outlined in 5.1 above;
(b) name of the credit provider and that the Seller is a current credit
provider to the Buyer;
(c) whether the credit provider is a licensee;
(d) type of consumer credit;
(e) details concerning the Buyer’s application for credit or
commercial credit (e.g. date of commencement/termination of
the credit account and the amount requested);
(f) advice of consumer credit defaults, 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 Buyer no longer has any overdue
accounts and the Seller has been paid or otherwise discharged
and all details surrounding that discharge(e.g. dates of
payments);
(g) information that, in the opinion of the Seller, the Buyer has
committed a serious credit infringement;
(h) advice that the amount of the Buyer’s overdue payment is equal
to or more than one hundred and fifty dollars ($150).
5.7 The Buyer shall have the right to request (by e-mail) from the
Seller:
(a) a copy of the information about the Buyer retained by the Seller
and the right to request that the Seller correct any incorrect
information; and
(b) that the Seller does not disclose any personal information about
the Buyer for the purpose of direct marketing.
5.8 the Seller will destroy personal information upon the Buyer’s
request (by e-mail) or if it is no longer required unless it is required
in order to fulfil the obligations of this agreement or is required to be
maintained and/or stored in accordance with the law.
5.9 The Buyer can make a privacy complaint by contacting the Seller
via e-mail. the Seller will respond to that complaint within seven (7)
days of receipt and will take all reasonable steps to make a
decision as to the complaint within thirty (30) days of receipt of the
complaint. In the event that the Buyer is not satisfied with the
resolution provided, the Buyer can make a complaint to the
Information Commissioner at www.oaic.gov.au.

©Copyright – EC Credit Control 1999 – 2016