1. DEFINITIONS

Unless the context otherwise requires, the following definitions shall apply to these terms of trade:

“Seller” means Feinwerk Pavers Limited and any of its related companies that have supplied the goods or services and shall include the successors and assigns of those companies.

“Customer” means the Customer(s) named in this application for credit account and shall include the Customer’s trustees and executors if an individual or its successors, assigns or administrators.

“PPSA” means that Personal Property Securities Act 1999, and associated regulations, as amended from time to time.

2. ACCEPTANCE OF TERMS AND CONDITIONS

Use of this account shall constitute acceptance of these Terms and Conditions of Trade notwithstanding that the application has not been completed and/or signed by or behalf of the Customer.

3. CHANGE IN CONTROL

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

4. PAYMENT

4.1 The Customer shall pay for the goods and services no later than the 20th of the month following the date of invoice or as may otherwise be required by the Seller.

4.2 Feinwerk Pavers may at any time in its sole discretion withdraw the provision of credit to the Customer.

5. DEFAULT

5.1 In the event of any default under Clause 4.1 (above) the full amount owing to Feinwerk Pavers shall immediately become due and payable.

5.2 Feinwerk Pavers may take immediate action if the Customer is in default under any agreement with Feinwerk or commits an act of insolvency or bankruptcy, goes into liquidation or receivership, enters a creditor composition or has its credit standing impaired in any way.

5.3 If the Customer fails to pay the amount due on or before the due date Feinwerk Pavers (without prejudice to its other rights and remedies) shall be entitled to charge interest at the rate of 3% per month compounded monthly on the 20th of each month on the outstanding balance.

6. CREDIT INFORMATION

The Customer authorises Feinwerk Pavers to enquire from any person, company or organisation for information Feinwerk Pavers may require to furnish credit information. Under the Privacy Act 1993 the Customer has the right of access to and correction of their personal information held by Feinwerk Pavers.

7. DELIVERY

7.1 Delivery of goods shall be deemed to be made to the Customer when the goods are first dispatched from Feinwerk Pavers premises or collected by the Customer or the Customer’s agent.

7.2 Feinwerk Pavers may stop future deliveries until the Customer has paid for all previous supplies of goods or services supplied by Feinwerk Pavers (whether payment is due or not).

7.3 The Customer shall provide suitable access to the Customer’s work site in all weather conditions for Feinwerk Pavers delivery vehicles. Any damage to footpaths, kerbs, drains and other property caused by any of Feinwerk Pavers vehicles delivering beyond the kerb line shall be the Customer’s responsibility.

7.4 If Feinwerk Pavers is unable to deliver the goods or perform a service because of any cause beyond its control (including any force/major event) it may suspend delivery or cancel the Customer’s order without incurring any liability for loss or damage suffered by the Customer.

7.5 Goods will only be accepted for return with the prior approval of Feinwerk Pavers. Freight and all other costs associated with the return of goods will be at the Customer’s expense unless otherwise agreed in writing by Feinwerk Pavers.

8. LIABILITY

Feinwerk Pavers’ obligation in respect of products for which dispute of quality emerges, shall be limited to resupply of such products only and Feinwerk Pavers shall not be responsible for the removal and disposal of any products or the preparation or restoration of the relevant part of the site for re-laying of any product or access restoration. No claim shall be accepted by Feinwerk Pavers unless received in writing within 14 days after delivery.

9. RISK

Goods are at the sole risk of the Customer upon delivery in accordance with clause 7.1 whether received by the Customer or not, whether or not there is a delay in delivery and even though ownership of the goods may not have passed to the customer.

10. OWNERSHIP

Ownership of the goods shall not pass to the Customer until the Customer has paid for the goods in full and proceeds of sale of goods that have not been paid for shall belong to Feinwerk Pavers.

11. ENFORCEMENT

11.1 The Customer irrevocably gives Feinwerk Pavers and its agents the right to enter upon the Customer’s premises (including leased premises), without giving notice and without being in any way liable to the Customer, if Feinwerk Pavers have cause to exercise any rights it has under section 109 of the PPSA.

11.2 The Customer indemnifies Feinwerk Pavers for any and all costs associated with the enforcement of these terms of trade, including legal costs on a solicitor/client basis and all debt collection costs incurred.

11.3 The Customer waives its right to receive any financing statement or financing change statement from Feinwerk Pavers under the PPSA.

11.4 On the enforcement of any security interest created by these terms of trade to which the PPSA applies, sections 114(1)(a), 133 and 134 of the PPSA shall not apply. The Customer waives any rights it may have under sections 116, 120(2), 121, 125, 129, 131 and 132 of the PPSA on enforcement of any such security interest.

12. VARIATIONS

Feinwerk Pavers reserve the right to make and notify the Customer of amendments to these Terms and Conditions of Trade at any time.

13. GUARANTEE

The person(s) signing the credit application form do jointly and severally personally guarantee to pay all monies due to Feinwerk Pavers. This guarantee is continuous and remains in effect at all times until all obligations of the Customer have been fully discharged.

14. TERMINATION

Feinwerk Pavers and the Customer shall each have the right to terminate this credit facility on giving of three (3) working days notice in writing but no such termination shall release the customer from payment of any monies owed to Feinwerk Pavers or clause 10 retention of ownership until payment.

15. CONSUMER GUARANTEES ACT DOES NOT APPLY

The Customer agrees and acknowledges that all supplies of goods and services from Feinwerk Pavers are/will be acquired for the Customer’s business purposes and accordingly the provisions of the Consumer Guarantees Act 1993 will not apply as between the Customer and Feinwerk Pavers.