Phone: 0401 476 593
Terms and Conditions
- The contract
The Customer has read and understood, and agrees to, these terms and conditions for the operation, establishment and use of a credit Account with Fabrications Australia Pty Ltd. The execution of the application for an Account constitutes an offer by the Customer to acquire and use an Account on the terms and conditions set out in this document. If Fabrications Australia Pty Ltd approves the Application, such approval will constitute acceptance of the offer and will create a contract between Fabrications Australia Pty Ltd and the Customer on these terms and conditions. Trading terms with Fabrications Australia Pty Ltd are subject to a ‘retention of title’ clause which provides that the Customer acknowledges that the ownership of goods shall remain the property of Fabrications Australia Pty Ltd until such time that the goods are paid for in full.
- Credit enquiries
For the purpose of considering the Application, and at any time during the term of the Contract, the Customer authorizes Fabrications Australia Pty Ltd to make such enquiries as Fabrications Australia Pty Ltd may require to be satisfied as to the creditworthiness of the Customer.
- Minimum Spend Threshold
Fabrications Australia Pty Ltd reserves the right to require the Customer to spend a minimum dollar amount per order/invoice to obtain products and/or services on credit (charged to the Account).
Current minimum invoice amount of $96.00 + GST is applicable. This is subject to change without notice.
- Credit limit
Fabrications Australia Pty Ltd specifies the maximum (GST – inclusive) amount that may be charged to the Account over a particular period. The Customer’s Credit Limit is subject to review at any time by Fabrications Australia Pty Ltd. Fabrications Australia Pty Ltd may, on request in writing by the Customer, agree in writing to increase or decrease the Credit Limit.
The balance of the Account at any time must not exceed the Credit Limit. Fabrications Australia Pty Ltd is not responsible for any loss or damage whatsoever or howsoever caused arising from the refusal by Fabrications Australia Pty Ltd to supply the Customer with any products or services on credit because the Credit Limit has been exceeded. The Customer agrees to immediately pay the amounts charged to the Account for any products or services supplied by Fabrications Australia Pty Ltd in excess of the Credit Limit, whether or not demand for payment has been made by Fabrications Australia Pty Ltd.
- Authorised and unauthorised transactions
The Customer is responsible for and indemnifies Fabrications Australia Pty Ltd against any unauthorised use of the Account. The Customer must notify Fabrications Australia Pty Ltd in writing of any unauthorised transactions on the Account immediately the Customer becomes aware of them.
- Terms of payment
6.1 The Customer agrees to pay Fabrications Australia Pty Ltd on or before the due date shown on the statement or invoice as per the terms agreed on the account application. If no account is held with Fabrications Australia Pty Ltd, payment is to be made prior to commencement of work, unless otherwise agreed upon with written confirmation by either email, fax or letter.
6.2 Payment of the amount specified in 6.1 will be in Australian Dollars (AUD).
6.3 Tax invoices/adjustment notes are emailed/posted to the Customer at the address specified by the Customer for that purpose in the Application. This is sufficient notice of the amount due under the Account.
6.4 Where the Customer has defaulted in its payment obligations under this Contract, any amounts owing by the Customer to Fabrications Australia Pty Ltd in connection with this Contract may be passed on to a debt recovery agent within 30 days of default without notification to the customer. The customer then assumes all costs involved in this process.
6.5 Interest may be charged on overdue invoices at the discretion of Fabrications Australia Pty Ltd. A base rate of 10% per month, calculated daily will be applied to overdue accounts until paid in full at the discretion of
Fabrications Australia Pty Ltd.
6.6 By signing this application, it is agreed that the director/s personal guarantee will be accountable should the Customer/Company named within the application be deregistered, become insolvent, bankrupt or fall behind in maintaining the account.
6.7 In the event where your overdue account is referred to a collection agency and/or law firm, you will be liable for all costs which would be incurred as if the debt is collected in full, including legal demand costs.
- Security for performance of the Contract
7.1 Bank guarantee
The Customer may be required to provide to Fabrications Australia Pty Ltd (either prior to the approval of the Application or during the term of the Contract), a bank guarantee
(in a form acceptable to Fabrications Australia Pty Ltd) to secure the Customer’s performance of the Contract.
7.2 Deposit with Order
The Customer may be required to provide Fabrications Australia Pty Ltd with a deposit (in a form acceptable to Fabrications Australia Pty Ltd) to secure the order placed with Fabrications Australia Pty Ltd. The deposit will be held by Fabrications Australia Pty Ltd during the process of the works as specified and deducted from the final invoice amount at completion of such works.
7.3 Other forms of security
As a term of its approval of the Application (or at any time during the term of the Contract), Fabrications Australia Pty Ltd may require the Customer to provide other security for performance under the Contract. For example, if the Customer is a company, a guarantee (in a form acceptable to Fabrications Australia Pty Ltd) may be required from each director or shareholder of the Customer or from any associated or related entity of the Customer.
The Customer warrants that:
(a) all statements made and documents provided in connection with the Application and all representations that the Customer has made or may make during the term of the Contract to Fabrications Australia Pty Ltd are true and correct; and
(b) The Customer acknowledges that Fabrications Australia Pty Ltd relies on the correctness of these warranties in approving the Application and continues to rely on these warranties in its further dealings with the Customer.
The Customer indemnifies Fabrications Australia Pty Ltd against liability, loss, costs, charges and expenses Fabrications Australia Pty Ltd suffers in connection with the Contract or the Account.
- Changes in address and other particulars
The Customer must notify Fabrications Australia Pty Ltd within seven days of any change in the constitution, ownership, membership or control of the Customer, or any change or proposed change in the Customer’s address. Despite the occurrence of any of these changes, the Customer’s obligations under the Contract continue. However, Fabrications Australia Pty Ltd may require a new application to be executed. Nothing in this clause affects Fabrications Australia Pty Ltd.’s right to terminate or suspend the Account or to refuse the Customer (or its successor) approval to operate a new Account.
- Termination / Suspension
11.1 Fabrications Australia Pty Ltd may, in its sole discretion and without requiring any reason to do so, at any time, suspend or terminate the Customer’s Account on seven days’ written notice to the Customer.
11.2 The Customer acknowledges that Fabrications Australia Pty Ltd may suspend or terminate the Contract immediately (with or without written notice) if:
(a) Fabrications Australia Pty Ltd was induced by fraudulent misrepresentation on the Customer’s part to approve an application for any account with the Customer; or
(b) the amount charged to a Customer’s Account exceeds the Credit Limit at any time without the prior written approval of Fabrications Australia Pty Ltd; or
(c) any amount charged to the Account is due and unpaid or;
(d) in the opinion of Fabrications Australia Pty Ltd, any change in circumstances, including, without limitation, changes in the Customer’s constitution, ownership, membership, control status or ability to provide security for payment of amounts which have or are likely to be charged to the Account, makes the continuance of the Contract undesirable or unsatisfactory; or
(e) the Customer becomes, threatens or resolves to become or is in jeopardy of becoming subject to any form of insolvency administration; the Customer being a partnership dissolves, threatens or resolves to dissolve or is in jeopardy of dissolving; the Customer being a natural person, dies; or the Customer ceases or threatens to cease conducting business in the normal manner; or
(f) the Customer is otherwise in default under this Contract.
11.3 If Fabrications Australia Pty Ltd suspends or terminates the Account under either clauses 11.1 or 14.2, the balance of the Account and any amounts incurred but not then billed are immediately due and payable by the Customer to Fabrications Australia Pty Ltd. The Customer must pay to Fabrications Australia Pty Ltd any amounts reasonably incurred or expended by Fabrications Australia Pty Ltd in exercising its right under the Contract as a result of default by the Customer or as a result of any circumstance referred to in clause 11.2.
Notices served under the Contract may be delivered by email, post, or by facsimile to the Customer – at the email, postal or facsimile address provided in the Application or notified in writing by the Customer to Fabrications Australia Pty Ltd;
Fabrications Australia Pty Ltd may vary the terms and conditions of the Account with respect to future transactions between Fabrications Australia Pty Ltd and the Customer:
(a) by agreement between Fabrications Australia Pty Ltd and the Customer; or
(b) unilaterally by Fabrications Australia Pty Ltd giving to the Customer not less than seven days’ prior written notice specifying the variation and the date on which the variation becomes effective.
Notice of the variation under this clause need not be sent separately and may be sent with the Customer’s statement of account or as part of any other correspondence.
Failure by Fabrications Australia Pty Ltd to enforce its obligations under the Contract does not constitute waiver of Fabrications Australia Pty Ltd.’s rights unless it is in writing, nor does it affect the obligation of the Customer to make any further payments as and when they fall due