Terms and Conditions
In these terms of trade:
“Goods” means any goods or products provided by MaxBuild.
“PPSA” means the Personal Property Securities Act 1999.
2.1. The following terms and conditions shall apply to all contracts involving goods and services supplied by MaxBuild Ltd (the company). These terms and conditions shall prevail over any purchaser’s terms and conditions to the intent that any sale of goods and services by the company shall be concluded on these terms and conditions only.
2.2. Notwithstanding clause 1.1 the company may, by written notice to the purchaser, alter or replace these terms and conditions. All orders subsequently placed by the purchaser shall be upon the altered terms and conditions.
3. QUOTATIONS AND PRICES
2.1 The company’s prices are subject to alteration without notice and the price payable by the purchaser shall be the price ruling at the time goods and services are made available.
2.2 All prices do not include GST. The purchaser shall pay GST and any other taxes or duties, insurance, freight and handling charges in relation to the sale of goods and services, all of which shall be added to the price and payable by the purchaser. 2.3 No order shall be binding on the company until accepted in writing by the company or a person authorised on its behalf. Quotations may be revised or withdrawn by the company at any time prior to its written acceptance of an order based on a quotation.
3.1 Payment is to be made on completion of the job, unless otherwise specified.
3.2 Where payment is not made on the due date, then without prejudice to any other rights or remedies available to the company under these terms and conditions or at law or in equity or otherwise the company may:
a. Charge interest, by way of liquidated damages, on all overdue accounts at the rate of 2% per month calculated on a daily basis from the date on which payment was due until payment is made.
b. Withhold the provision of goods and services or parts thereof.
c. Cancel any other order or contract or arrangement pending payment without being liable to the purchaser for any losses (of any kinds and whether direct or indirect or consequential) it might suffer.
Any extra work or variations outside the original quotation given by the company must be requested in writing accompanied by an official order number from the client before such work is commenced.
6. WARRANTIES / GUARANTEES
Any warranties or guarantees given by the company are strictly limited to the actual specification given at the time of quotations. Works outside the specification are not covered by warranties or guarantees.
Any warranties or guarantees given are null and void until full payment for goods and services is received as in 3.1 of payment terms.
7. PERSONAL PROPERTY SECURITIES ACT 1999
7.1. MaxBuild and the purchaser acknowledge that these terms shall create a security agreement as defined by the Personal Property Securities Act 1999 (“PPSA”). For the purposes of the PPSA, in this clause the term “Collateral” includes the Goods and their proceeds including insurance payments. The purchaser agrees to give MaxBuild a security interest in all of the purchaser’s present and after-acquired property that MaxBuild has supplied as the Goods as Collateral and agrees not to allow any person to file a finance statement over any of the Goods secured by this security clause without the prior written consent of MaxBuild. 7.2. Upon signing these terms the purchaser acknowledges that:
(i) these terms are a security agreement for the purposes of s 36 of the PPSA; and
(ii) a security interest is taken in all Goods previously supplied to the purchaser and all Goods that will be supplied in the future by MaxBuild to the purchaser during the continuance of the party’s relationship.
7.3. The purchaser undertakes to:
(i) sign any further documents and/or provide any further information which MaxBuild may reasonably require to enable MaxBuild to perfect and maintain the perfection of its security interest (including by registration of a financing statement);
(ii) give MaxBuild not less than 14 days prior written notice of any proposed change to the purchaser’s name and will use its best endeavours to ensure that a financing statement is registered disclosing its new name; and
(iii) waive the rights listed in section 107(2) of the PPSA, its right to receive the notice referred to in section 114(1)(a) of the PPSA, and its right to reinstate under sections 133 and 134. The purchaser agrees that MaxBuild may exercise the rights in sections 108, 109, 111(1) and 120(1) of the PPSA whether or not MaxBuild has priority over all other secured parties, and that MaxBuild may charge for complying with a demand under section 162 of the PPSA. The purchaser will inform any trustee in bankruptcy or liquidator of the purchaser or any receiver of the purchaser’s business or assets of the rights of MaxBuild and title to the proceeds of sale.
7.4. These security interest terms constitute a continuing security and will operate irrespective of any intervening payment or settlement of account until a release has been signed by MaxBuild. The security interest granted in the Collateral has the same priority in relation to any Goods supplied to the purchaser by MaxBuild at any time.
8. PRIVACY ACT 1993
The client and the guarantor/s (if separate to the client) authorises MaxBuild Ltd to:
(i) Collect, retain and use any information about the client and/or Guarantors, for the purpose of assessing the customer and/or Guarantors creditworthiness or marketing products and services to the customer and/or Guarantors; and
(ii) Disclose information about the customer and/or guarantors, whether collected by MaxBuild Ltd from the customer and/or Guarantors directly or obtained by MaxBuild Ltd from any other source, to any other credit provider or any credit reporting agency for the purposes of providing or obtaining a credit reference, debt collection or notifying a default by the client and/or Guarantors.
6.1 Where the customer and/or Guarantors are an individual the authorities under clause 6.1 are authorities or consents for the purpose of the Privacy Act 1993
6.2 The customer and/or Guarantors shall have the right to request MaxBuild Limited for a copy of the information about the customer and/or guarantors retained by MaxBuild Ltd and the right to request MaxBuild Limited to correct any incorrect information about the customer and/or Guarantors held by MaxBuild Limited.