The Customer guarantees to comply with and abide by the Retention of Title Terms and Conditions of Trading contained in this document as set by the W.A Supreme Court 1990.
Terms and Conditions of Trading are Cash on Delivery unless otherwise specified by the management.
Until payment of the invoice price the title to any Goods or Services supplied shall NOT pass to the Customer, but the customer shall remain responsible for the care of said Goods and/or Services until payment is made in full, and upon non-payment within the trade Terms, the Supplier shall have the right, and is hereby authorised by the Customer, to enter into and upon any premises or vehicle, where the Goods and/or Services may be stored or in use from time to time, and even if they are considered fixtures, under control of a third party, with or without others, with such force as is necessary, and to retake possession of and remove the same, and the Customer hereby indemnifies the Supplier against any claim, action or damages arising out of any such action, and against the cost of the same.
lf the Customer defaults in payment of any monthly account then ALL monies owing to the Supplier shall be immediately due and payable and, "A" the debt will be subject to collection charges which will lpso Facto be added to the account, and Interest at the rate under The Magistrates Court (Civil Proceedings} Act 2004 and Civil Judgements Enforcements Act 2004 will be claimed up to and including the date on which the debt is paid in full and: "B" All expenses incurred by the Supplier in recovering the monies due, Including Solicitors charges, All Debt Collectors Fees up to and including Forty percent of the amount owing, Court Costs, Process serving Costs, Disbursements, any Costs in relation to Security documents, and any Fees on Dishonour, shall be a debt due and owing to the supplier by the customer, payment of which is hereby and herein guaranteed under any and all circumstances.
The Supplier will make every reasonable effort to ensure the best quality available at the time, correct operation of the Goods and/or Services provided, and any or all device or devices supplied, fitted or repaired, but is hereby indemnified from any responsibility for any damage, caused in any way, by any other device or devices which may be operating in conjunction, which may not be in a sound operating condition, that may have been provided by the Client for use in Conjunction.
In the case of a Trust the Customer guarantees that the assets of the Trust will be available to pay any amounts of money due and owing by the Customer to settle the Suppliers' accounts.
Regardless of any application to the contrary, the operations of the Supplier are governed by the Laws of Western Australia, and any action instituted by the Supplier against the Customer, and/or any action instituted by the Customer against the Supplier, will take place under the Laws of Western Australia, and in the Courts, (regardless of the amount) which are located in the City of Perth.
This Invoice has been registered on the P.P.S.R. as a Security interest for Security of Possession against Insolvency.
Please refer to other technical terms as promulgated on other documents if applicable. ®COPYRIGHT Donald F. King 1990 updated 2016.