ACCOUNT APPLICATION

Account Type:  30 Day Credit  Cash Sale (complete only to the dotted line)

Local Store (select any or all that apply):  Forbes  Parkes  Cowra  Mudgee  Multi

Type of Business:  Sole Trader  Trust  Partnership  Company  Individual/Personal

Company Name: ABN:

Business/Trading Name: ACN:
Nature of business:
Billing Address: State: Postcode:
Physical/Delivery Address: State: Postcode:
Primary Contact First name: Last name: Phone No:
Email Address: Mobile No:
Marketing permission: Tick if you DO NOT wish the primary contact to receive news and special offers by  Email  SMS  Mail

Directors / Owners / Trustee (if more than two, please attach a separate sheet)
1. Full Name: D.O.B.:
Private Address: State: Postcode:
Driver’s Licence No: Phone No: Mobile No:
2. Full Name: D.O.B.:
Private Address: State: Postcode:
Driver’s Licence No: Phone No: Mobile No:

Date Business / Company Established (Current Owners): Credit Limit Required: $

Principal Place of Business is:  Rented  Owned  Mortgaged (to whom): Estimated Monthly Spend: $

Accounts Contact person First Name: Last name:

Invoice Email Address: Phone No:
Statement Email Address: Mobile No:
Bank: Branch: Purchase Orders Required:  YES  NO

Trade References (Please provide companies willing to supply trade references)

1. Name: Phone No:
Address: State: Postcode:
2. Name: Phone No:
Address: State: Postcode:
3. Name: Phone No:
Address: State: Postcode:
I certify that the above information is true and correct and that I am authorised to make this application for credit. I have read and understand the TERMS
AND CONDITIONS OF TRADE (overleaf or attached) of Power Tools Plus Pty Ltd which form part of, and are intended to be read in conjunction with this
Credit Account Application and agree to be bound by these conditions. I authorise the use of my personal information as detailed in the Privacy Act clause
therein. I agree that if I am a director/shareholder (owning at least 15% of the shares) of the Customer I shall be personally liable for the
performance of the Customer’s obligations under this contract.

SIGNED (CUSTOMER): ____________________________________ SIGNED (WITNESS): ______________________________________

Name: __________________________________________________ Name: __________________________________________________
Position: _________________________________________________ Date: ___________________________________________________
OFFICE USE ONLY
SIGNED (PTP): ___________________________________________ Position: _________________________________________________
Name: __________________________________________________ Date: ___________________________________________________

Version 3 ©Copyright - EC Credit Control 1999 - 2021

 Power Tools Plus Pty Ltd – Terms & Conditions of Trade
1. Definitions 7.5 The Customer warrants that any structures to which the Goods are 14. Defects, Warranties and Returns, Competition and Consumer (c) processing of any payment instructions, direct debit facilities and/or
1.1 “PTP” means Power Tools Plus Pty Ltd, its successors and assigns to be affixed are able to withstand the installation of the Goods and Act 2010 (CCA) credit facilities requested by the Customer; and/or
or any person acting on behalf of and with the authority of Power are of suitable capacity to handle the Goods once installed. If for 14.1 The Customer must inspect the Goods/Equipment on delivery and (d) enabling the collection of amounts outstanding in relation to the
Tools Plus Pty Ltd. any reason (including the discovery of asbestos, or dangerous must within seven (7) days of delivery notify PTP in writing of any Goods/Equipment.
1.2 “Customer” means the person/s buying the Goods (and/or hiring access to installation sites) that PTP, or employees of PTP, evident defect/damage, shortage in quantity, or failure to comply 18.5 PTP may give information about the Customer to a CRB for the
Equipment) as specified in any invoice, document or order, and if reasonably form the opinion that the Customer’s premises is not with the description or quote. The Customer must notify any other following purposes:
there is more than one Customer is a reference to each Customer safe for the installation of Goods to proceed then PTP shall be alleged defect in the Goods/Equipment as soon as reasonably (a) to obtain a consumer credit report;
jointly and severally. entitled to delay installation of the Goods (in accordance with the possible after any such defect becomes evident. Upon such (b) allow the CRB to create or maintain a credit information file about
1.3 “Goods” means all Goods or Services supplied by PTP to the provisions of clause 6.2 above) until PTP is satisfied that it is safe notification the Customer must allow PTP to inspect the the Customer including credit history.
Customer at the Customer’s request from time to time (where the for the installation to proceed. Goods/Equipment. 18.6 The information given to the CRB may include:
context so permits the terms ‘Goods’ or ‘Services’ shall be 7.6 The Customer acknowledges that Goods supplied may exhibit 14.2 Under applicable State, Territory and Commonwealth Law (a) personal information as outlined in 18.1 above;
interchangeable for the other). variations in shade tone, colour, texture, surface and finish, and (including, without limitation the CCA), certain statutory implied (b) name of the credit provider and that PTP is a current credit provider
1.4 “Equipment” means all Equipment including any accessories may fade or change colour over time. PTP will make every effort to guarantees and warranties (including, without limitation the statutory to the Customer;
supplied on hire by PTP to the Customer (and where the context so match batches of product supplied in order to minimise such guarantees under the CCA) may be implied into these terms and (c) whether the credit provider is a licensee;
permits shall include any supply of Services). The Equipment shall variations but shall not be liable in any way whatsoever where such conditions (Non-Excluded Guarantees). (d) type of consumer credit;
be as described on the invoices, quotation, authority to hire, or any variations occur. 14.3 PTP acknowledges that nothing in these terms and conditions (e) details concerning the Customer’s application for credit or
other work authorisation form provided by PTP to the Customer. 7.7 The Customer acknowledges that Goods supplied may: purports to modify or exclude the Non-Excluded Guarantees. commercial credit (e.g. date of commencement/termination of the
1.5 “Price” means the Price payable for the Goods and/or Equipment (a) fade or change colour over time; and 14.4 Except as expressly set out in these terms and conditions or in credit account and the amount requested);
hire as agreed between PTP and the Customer in accordance with (b) expand, contract or distort as a result of exposure to heat, cold, respect of the Non-Excluded Guarantees, PTP makes no warranties (f) advice of consumer credit defaults, overdue accounts, loan
clause 5 below. weather; and or other representations under these terms and conditions including repayments or outstanding monies which are overdue by more than
2. Acceptance (c) mark or stain if exposed to certain substances; and but not limited to the quality or suitability of the Goods/Equipment. sixty (60) days and for which written notice for request of payment
2.1 The Customer is taken to have exclusively accepted and is (d) be damaged or disfigured by impact or scratching. PTP’s liability in respect of these warranties is limited to the fullest has been made and debt recovery action commenced or
immediately bound, jointly and severally, by these terms and 8. Specifications extent permitted by law. alternatively that the Customer no longer has any overdue accounts
conditions if the Customer places an order for or accepts delivery of 8.1 The Customer acknowledges that all descriptive specifications, 14.5 If the Customer is a consumer within the meaning of the CCA, and PTP has been paid or otherwise discharged and all details
the Goods/Equipment. illustrations, drawings, data, dimensions and weights stated in PTP’s liability is limited to the extent permitted by section 64A of surrounding that discharge(e.g. dates of payments);
2.2 These terms and conditions may only be amended with PTP’s PTP’s or the manufacturer’s fact sheets, price lists or advertising Schedule 2. (g) information that, in the opinion of PTP, the Customer has committed
consent in writing and shall prevail to the extent of any material, are approximate only and are given by way of identification 14.6 If PTP is required to replace the Goods under this clause or the a serious credit infringement;
inconsistency with any other document or agreement between the only. The Customer shall not be entitled to rely on such information, CCA, but is unable to do so, PTP may refund any money the (h) advice that the amount of the Customer’s overdue payment is equal
Customer and PTP. and any use of such does not constitute a sale by description, and Customer has paid for the Goods. to or more than one hundred and fifty dollars ($150).
3. Electronic Transactions Act 2000 does not form part of the contract, unless expressly stated as such 14.7 If the Customer is not a consumer within the meaning of the CCA, 18.7 The Customer shall have the right to request (by e-mail) from PTP:
3.1 Electronic signatures shall be deemed to be accepted by either in writing by PTP. PTP’s liability for any defect or damage in the Goods is: (a) a copy of the information about the Customer retained by PTP and
party providing that the parties have complied with Section 9 of the 9. Access (a) limited to the value of any express warranty or warranty card the right to request that PTP correct any incorrect information; and
Electronic Transactions Act 2000 or any other applicable provisions 9.1 The Customer shall ensure that PTP has clear and free access to provided to the Customer by PTP at PTP’s sole discretion; (b) that PTP does not disclose any personal information about the
of that Act or any Regulations referred to in that Act. the work site at all times to enable them to deliver the Goods. PTP (b) limited to any warranty to which PTP is entitled, if PTP did not Customer for the purpose of direct marketing.
shall not be liable for any loss or damage to the site (including, manufacture the Goods; 18.8 PTP will destroy personal information upon the Customer’s request
4. Change in Control (c) otherwise negated absolutely. (by e-mail) or if it is no longer required unless it is required in order
4.1 The Customer shall give PTP not less than fourteen (14) days prior without limitation, damage to pathways, driveways and concreted or
paved or grassed areas) unless due to the negligence of PTP. 14.8 Subject to this clause 14, returns will only be accepted provided to fulfil the obligations of this agreement or is required to be
written notice of any proposed change of ownership of the Customer that: maintained and/or stored in accordance with the law.
and/or any other change in the Customer’s details (including but not 9.2 It is the responsibility of the Customer to ensure that access is
suitable to accept the weight of laden trucks. The Customer agrees (a) the Customer has complied with the provisions of clause 14.1; and 18.9 The Customer can make a privacy complaint by contacting PTP via
limited to, changes in the Customer’s name, address, contact phone (b) PTP has agreed that the Goods are defective; and e-mail. PTP will respond to that complaint within seven (7) days of
or fax number/s, or business practice). The Customer shall be liable to indemnify PTP against all costs incurred by PTP in recovering
such vehicles in the event they become bogged or otherwise (c) the Goods are returned within a reasonable time at the Customer’s receipt and will take all reasonable steps to make a decision as to
for any loss incurred by PTP as a result of the Customer’s failure to cost (if that cost is not significant); and the complaint within thirty (30) days of receipt of the complaint. In
comply with this clause. immovable.
(d) the Goods are returned in as close a condition to that in which they the event that the Customer is not satisfied with the resolution
5. Price and Payment 10. Compliance with Laws were delivered as is possible. provided, the Customer can make a complaint to the Information
5.1 At PTP’s sole discretion the Price shall be either: 10.1 The Customer and PTP shall comply with the provisions of all 14.9 Notwithstanding clauses 14.1 to 14.8 but subject to the CCA, PTP Commissioner at www.oaic.gov.au.
(a) as indicated on any invoice provided by PTP to the Customer; or statutes, regulations and bylaws of government, local and other shall not be liable for any defect or damage which may be caused or
public authorities that may be applicable to the Services. 19. Unpaid Seller’s Rights
(b) PTP’s quoted price (subject to clause 5.2) which will be valid for the partly caused by or arise as a result of: 19.1 Where the Customer has left any item with PTP for repair,
period stated in the quotation or otherwise for a period of thirty (30) 10.2 The Customer shall obtain (at the expense of the Customer) all (a) the Customer failing to properly maintain or store any
licenses and approvals that may be required for the Services. modification, exchange or for PTP to perform any other service in
days. Goods/Equipment; relation to the item and PTP has not received or been tendered the
5.2 PTP reserves the right to change the Price: 10.3 The Customer agrees that the site will comply with any occupational (b) the Customer using the Goods/Equipment for any purpose other
health and safety laws relating to building/construction sites and any whole of any monies owing to it by the Customer, PTP shall have,
(a) if a variation to the Goods which are to supplied is requested; or than that for which they were designed; until all monies owing to PTP are paid:
(b) if a variation to the Services originally scheduled (including any other relevant safety standards or legislation. (c) the Customer continuing the use of the Goods/Equipment after any (a) a lien on the item; and
applicable plans or specifications, change to scope of works) is 11. Title To Goods defect became apparent or should have become apparent to a (b) the right to retain or sell the item, such sale to be undertaken in
requested; or 11.1 PTP and the Customer agree that ownership of the Goods shall not reasonably prudent operator or user; accordance with any legislation applicable to the sale or disposal of
(c) where additional Services are required due to the discovery of pass until: (d) the Customer failing to follow any instructions or guidelines provided uncollected goods.
hidden or unidentifiable difficulties (including, but not limited to, (a) the Customer has paid PTP all amounts owing to PTP; and by PTP; 19.2 The lien of PTP shall continue despite the commencement of
council intervention, limitations or changes to accessing the site or (b) the Customer has met all of its other obligations to PTP. (e) fair wear and tear, any accident, or act of God. proceedings, or judgment for any monies owing to PTP having been
site conditions, availability of machinery, safety considerations, 11.2 Receipt by PTP of any form of payment other than cash shall not be 14.10 PTP may in its absolute discretion accept non-defective Goods for obtained against the Customer.
prerequisite work by a third party not being completed, change of deemed to be payment until that form of payment has been return in which case PTP may require the Customer to pay handling
design, hidden pipes and wiring in walls etc.) which are only honoured, cleared or recognised. 20. Equipment Hire
fees of up to twenty percent (20%) of the value of the returned 20.1 Equipment shall at all times remain the property of PTP and is
discovered on commencement of the Services; or 11.3 It is further agreed that: Goods plus any freight costs.
(d) in the event of increases to PTP in the cost of labour or materials (a) until ownership of the Goods passes to the Customer in accordance returnable on demand by PTP. In the event that Equipment is not
14.11 Notwithstanding anything contained in this clause if PTP is required returned to PTP in the condition in which it was delivered PTP
(including but not limited to overseas transactions that may increase with clause 11.1 that the Customer is only a bailee of the Goods by a law to accept a return then PTP will only accept a return on the
as a consequence of variations in raw materials price fluctuation, and must return the Goods to PTP on request. retains the right to charge the Customer the full cost of repairing the
conditions imposed by that law. Equipment. In the event that Equipment is not returned at all PTP
foreign currency rates of exchange and/or international freight and (b) the Customer holds the benefit of the Customer’s insurance of the 15. Intellectual Property
insurance charges) which are beyond PTP’s control. Goods on trust for PTP and must pay to PTP the proceeds of any shall have right to charge the Customer the full cost of replacing the
15.1 Where PTP has designed, drawn or developed Goods/Equipment Equipment.
5.3 At PTP’s sole discretion a non-refundable deposit may be required. insurance in the event of the Goods being lost, damaged or for the Customer, then the copyright in any designs and drawings
5.4 Time for payment for the Goods/Equipment being of the essence, destroyed. 20.2 The Customer shall:
and documents shall remain the property of PTP. (a) keep the Equipment in their own possession and control and shall
the Price will be payable by the Customer on the date/s determined (c) the Customer must not sell, dispose, or otherwise part with 15.2 The Customer warrants that all designs, specifications or
by PTP, which may be: possession of the Goods other than in the ordinary course of not assign the benefit of the Equipment nor be entitled to a lien over
instructions given to PTP will not cause PTP to infringe any patent, the Equipment.
(a) on delivery of the Goods/Equipment; business and for market value. If the Customer sells, disposes or registered design or trademark in the execution of the Customer’s
(b) by way of instalments/progress payments in accordance with PTP’s parts with possession of the Goods then the Customer must hold (b) not alter or make any additions to the Equipment including but
order and the Customer agrees to indemnify PTP against any action without limitation altering, make any additions to, defacing or
payment schedule; the proceeds of any such act on trust for PTP and must pay or taken by a third party against PTP in respect of any such
(c) the date specified on any invoice or other form as being the date for deliver the proceeds to PTP on demand. erasing any identifying mark, plate or number on or in the
infringement. Equipment or in any other manner interfere with the Equipment.
payment; or (d) the Customer should not convert or process the Goods or intermix 15.3 The Customer agrees that PTP may (at no cost) use for the
(d) failing any notice to the contrary, the date which is thirty (30) days them with other goods but if the Customer does so then the (c) keep the Equipment, complete with all parts and accessories, clean
purposes of marketing or entry into any competition, any and in good order as delivered, and shall comply with any
from end of the month in which an invoice was issued to the Customer holds the resulting product on trust for the benefit of PTP documents, designs, drawings or Goods which PTP has created for
Customer by PTP. and must sell, dispose of or return the resulting product to PTP as it maintenance schedule as advised by PTP to the Customer.
the Customer. 20.3 The Customer accepts full responsibility for the safekeeping of the
5.5 Payment may be made by cash, cheque, bank cheque, so directs.
electronic/on-line banking, credit card plus a surcharge of up to one (e) the Customer irrevocably authorises PTP to enter any premises 16. Default and Consequences of Default Equipment and the Customer agrees to insure, or self insure, PTP’s
and a half percent (1.5%) of the Price (for personal cards) or two where PTP believes the Goods are kept and recover possession of 16.1 Interest on overdue invoices shall accrue daily from the date when interest in the Equipment and agrees to indemnify PTP against
percent (2%) of the Price (for corporate cards), or by any other the Goods. payment becomes due, until the date of payment, at a rate of two physical loss or damage including, but not limited to, the perils of
method as agreed to between the Customer and PTP. (f) PTP may recover possession of any Goods in transit whether or not and a half percent (2.5%) per calendar month (and at PTP’s sole accident, fire, theft and burglary and all other usual risks and will
5.6 Unless otherwise stated the Price does not include GST. In addition delivery has occurred. discretion such interest shall compound monthly at such a rate) after effect adequate Public Liability Insurance covering any loss,
to the Price the Customer must pay to PTP an amount equal to any (g) the Customer shall not charge or grant an encumbrance over the as well as before any judgment. damage or injury to property or persons arising out of the use of the
GST PTP must pay for any supply by PTP under this or any other Goods nor grant nor otherwise give away any interest in the Goods 16.2 If the Customer owes PTP any money the Customer shall indemnify Equipment. Further the Customer will not use the Equipment nor
agreement for the sale of the Goods/hire of the Equipment. The while they remain the property of PTP. PTP from and against all costs and disbursements incurred by PTP permit it to be used in such a manner as would permit an insurer to
Customer must pay GST, without deduction or set off of any other (h) PTP may commence proceedings to recover the Price of the Goods in recovering the debt (including but not limited to internal decline any claim.
amounts, at the same time and on the same basis as the Customer sold notwithstanding that ownership of the Goods has not passed to administration fees, legal costs on a solicitor and own client basis, 21. Dispute Resolution
pays the Price. In addition the Customer must pay any other taxes the Customer. PTP’s contract default fee, and bank dishonour fees). 21.1 If a dispute arises between the parties to this contract then either
and duties that may be applicable in addition to the Price except 16.3 Further to any other rights or remedies PTP may have under this party shall send to the other party a notice of dispute in writing
12. Personal Property Securities Act 2009 (“PPSA”) contract, if a Customer has made payment to PTP by credit card,
where they are expressly included in the Price. 12.1 In this clause financing statement, financing change statement, adequately identifying and providing details of the dispute. Within
and the transaction is subsequently reversed, the Customer shall be fourteen (14) days after service of a notice of dispute, the parties
6. Delivery security agreement, and security interest has the meaning given to liable for the amount of the reversed transaction, in addition to any
6.1 Subject to clause 6.2 it is PTP’s responsibility to ensure that the it by the PPSA. shall confer at least once, to attempt to resolve the dispute. At any
further costs incurred by PTP under this clause 16 where it can be such conference each party shall be represented by a person
Services start as soon as it is reasonably possible. 12.2 Upon assenting to these terms and conditions in writing the proven that such reversal is found to be illegal, fraudulent or in
6.2 The Services, commencement date will be put back and the Customer acknowledges and agrees that these terms and having authority to agree to a resolution of the dispute. In the event
contravention to the Customer’s obligations under this agreement. that the dispute cannot be so resolved either party may by further
completion date extended by whatever time is reasonable in the conditions constitute a security agreement for the purposes of the 16.4 Without prejudice to any other remedies PTP may have, if at any
event that PTP claims an extension of time (by giving the Customer PPSA and creates a security interest in all Goods/Equipment and/or notice in writing delivered by hand or sent by certified mail to the
time the Customer is in breach of any obligation (including those other party refer such dispute to arbitration. Any arbitration shall be:
written notice) where completion is delayed by an event beyond collateral (account) – being a monetary obligation of the Customer relating to payment) under these terms and conditions PTP may
PTP’s control, including but not limited to any failure by the to PTP for Services – that have previously been supplied and that (a) referred to a single arbitrator to be nominated by the President of
suspend or terminate the supply of Goods/Equipment to the the Institute of Arbitrators Australia; and
Customer to: will be supplied in the future by PTP to the Customer. Customer. PTP will not be liable to the Customer for any loss or
(a) make a selection; or 12.3 The Customer undertakes to: (b) conducted in accordance with the Institute of Arbitrators Australia
damage the Customer suffers because PTP has exercised its rights Rules for the Conduct of Commercial Arbitration.
(b) availability of raw materials; or (a) promptly sign any further documents and/or provide any further under this clause.
(c) have the site ready for the Services; or information (such information to be complete, accurate and up-to- 22. Building and Construction Industry Security of Payments Act
16.5 Without prejudice to PTP’s other remedies at law PTP shall be 1999
(d) notify PTP that the site is ready. date in all respects) which PTP may reasonably require to; entitled to cancel all or any part of any order of the Customer which
6.3 At PTP’s sole discretion the cost of delivery is in addition to the (i) register a financing statement or financing change statement in 22.1 At PTP’s sole discretion, if there are any disputes or claims for
remains unfulfilled and all amounts owing to PTP shall, whether or unpaid Goods, Services and/or Equipment hire then the provisions
Price. relation to a security interest on the Personal Property not due for payment, become immediately payable if:
6.4 The Customer must take delivery by receipt or collection of the Securities Register; of the Building and Construction Industry Security of Payments Act
(a) any money payable to PTP becomes overdue, or in PTP’s opinion 1999 may apply.
Goods/Equipment whenever either is tendered for delivery. In the (ii) register any other document required to be registered by the the Customer will be unable to make a payment when it falls due;
event that the Customer is unable to take delivery of the PPSA; or 22.2 Nothing in this agreement is intended to have the effect of
(b) the Customer becomes insolvent, convenes a meeting with its contracting out of any applicable provisions of the Building and
Goods/Equipment as arranged then PTP shall be entitled to charge (iii) correct a defect in a statement referred to in clause 12.2(a)(i) or creditors or proposes or enters into an arrangement with creditors,
a reasonable fee for redelivery of the Goods/Equipment and/or the 12.2(a)(ii); Construction Industry Security of Payments Act 1999 of New South
or makes an assignment for the benefit of its creditors; or Wales, except to the extent permitted by the Act where applicable.
storage of the Goods. (b) indemnify, and upon demand reimburse, PTP for all expenses (c) a receiver, manager, liquidator (provisional or otherwise) or similar
6.5 The Customer shall take delivery of the Goods tendered incurred in registering a financing statement or financing change person is appointed in respect of the Customer or any asset of the 23. General
notwithstanding that the quantity so delivered shall be either greater statement on the Personal Property Securities Register established Customer. 23.1 The failure by PTP to enforce any provision of these terms and
or lesser than the quantity purchased provided that: by the PPSA or releasing any Goods/Equipment charged thereby; conditions shall not be treated as a waiver of that provision, nor
(a) such discrepancy in quantity shall not exceed five percent (5%); and (c) not register a financing change statement in respect of a security 17. Cancellation shall it affect PTP’s right to subsequently enforce that provision. If
(b) the Price shall be adjusted pro rata to the discrepancy. interest without the prior written consent of PTP; 17.1 PTP may cancel any contract to which these terms and conditions any provision of these terms and conditions shall be invalid, void,
6.6 PTP may deliver the Goods/Equipment in separate instalments. (d) not register, or permit to be registered, a financing statement or a apply or cancel delivery of Goods/Equipment at any time before the illegal or unenforceable the validity, existence, legality and
Each separate instalment shall be invoiced and paid in accordance financing change statement in relation to the Goods/Equipment Goods/Equipment are due to be delivered by giving written notice to enforceability of the remaining provisions shall not be affected,
with the provisions in these terms and conditions. and/or collateral (account) in favour of a third party without the prior the Customer. On giving such notice PTP shall repay to the prejudiced or impaired.
6.7 Any time or date given by PTP to the Customer is an estimate only. written consent of PTP; Customer any money paid by the Customer for the 23.2 These terms and conditions and any contract to which they apply
The Customer must still accept delivery of the Goods/Equipment (e) immediately advise PTP of any material change in its business Goods/Equipment. PTP shall not be liable for any loss or damage shall be governed by the laws of New South Wales in which PTP
even if late and PTP will not be liable for any loss or damage practices of selling Goods which would result in a change in the whatsoever arising from such cancellation. has its principal place of business, and are subject to the jurisdiction
incurred by the Customer as a result of the delivery being late. nature of proceeds derived from such sales. 17.2 In the event that the Customer cancels delivery of the of the courts in New South Wales.
12.4 PTP and the Customer agree that sections 96, 115 and 125 of the Goods/Equipment the Customer shall be liable for any and all loss 23.3 Subject to clause 14, PTP shall be under no liability whatsoever to
7. Risk incurred (whether direct or indirect) by PTP as a direct result of the
7.1 If PTP retains ownership of the Goods under clause 11 then: PPSA do not apply to the security agreement created by these the Customer for any indirect and/or consequential loss and/or
terms and conditions. cancellation (including, but not limited to, any loss of profits). expense (including loss of profit) suffered by the Customer arising
(a) where PTP is supplying Goods only, all risk for the Goods shall 17.3 Cancellation of orders for Goods/Equipment made to the
immediately pass to the Customer on delivery and the Customer 12.5 The Customer waives their rights to receive notices under sections out of a breach by PTP of these terms and conditions (alternatively
95, 118, 121(4), 130, 132(3)(d) and 132(4) of the PPSA. Customer’s specifications, or for non-stocklist items, will definitely PTP’s liability shall be limited to damages which under no
must insure the Goods on or before delivery. Delivery of the Goods not be accepted once production has commenced, or an order has
shall be deemed to have taken place immediately at the time that 12.6 The Customer waives their rights as a grantor and/or a debtor under circumstances shall exceed the Price of the Goods/Equipment hire).
sections 142 and 143 of the PPSA. been placed. 23.4 The Customer shall not be entitled to set off against, or deduct from
either;
(i) the Customer or the Customer’s nominated carrier takes 12.7 Unless otherwise agreed to in writing by PTP, the Customer waives 18. Privacy Act 1988 the Price, any sums owed or claimed to be owed to the Customer by
possession of the Goods at PTP’s address; or their right to receive a verification statement in accordance with 18.1 The Customer agrees for PTP to obtain from a credit reporting body PTP nor to withhold payment of any invoice because part of that
(ii) the Goods are delivered by PTP or PTP’s nominated carrier to section 157 of the PPSA. (CRB) a credit report containing personal credit information (e.g. invoice is in dispute.
the Customer’s nominated delivery address (even if the 12.8 The Customer must unconditionally ratify any actions taken by PTP name, address, D.O.B, occupation, previous credit applications, 23.5 PTP may license or sub-contract all or any part of its rights and
Customer is not present at the address). under clauses 12.2 to 12.5. credit history) about the Customer in relation to credit provided by obligations without the Customer’s consent.
(b) where PTP is to both supply and install Goods then PTP shall 12.9 Subject to any express provisions to the contrary nothing in these PTP. 23.6 The Customer agrees that PTP may amend these terms and
maintain a contract works insurance policy until the Services are terms and conditions is intended to have the effect of contracting 18.2 The Customer agrees that PTP may exchange information about conditions at any time. If PTP makes a change to these terms and
completed. Upon completion of the Services all risk for the Services out of any of the provisions of the PPSA. the Customer with those credit providers and with related body conditions, then that change will take effect from the date on which
shall immediately pass to the Customer. 13. Security and Charge corporates for the following purposes: PTP notifies the Customer of such change. The Customer will be
7.2 If the Customer requests PTP to leave Goods outside PTP’s 13.1 In consideration of PTP agreeing to supply the Goods/Equipment, (a) to assess an application by the Customer; and/or taken to have accepted such changes if the Customer makes a
premises for collection or to deliver the Goods to an unattended the Customer charges all of its rights, title and interest (whether joint (b) to notify other credit providers of a default by the Customer; and/or further request for PTP to provide Goods/Equipment to the
location then such Goods shall be left at the Customer’s sole risk. or several) in any land, realty or other assets capable of being (c) to exchange information with other credit providers as to the status Customer.
7.3 PTP shall be entitled to rely on the accuracy of any plans, charged, owned by the Customer either now or in the future, to of this credit account, where the Customer is in default with other 23.7 Neither party shall be liable for any default due to any act of God,
specifications and other information provided by the Customer. The secure the performance by the Customer of its obligations under credit providers; and/or war, terrorism, strike, lock-out, industrial action, fire, flood, storm or
Customer acknowledges and agrees that in the event that any of these terms and conditions (including, but not limited to, the (d) to assess the creditworthiness of the Customer including the other event beyond the reasonable control of either party.
this information provided by the Customer is inaccurate, PTP payment of any money). Customer’s repayment history in the preceding two years. 23.8 The Customer warrants that it has the power to enter into this
accepts no responsibility for any loss, damages, or costs however 13.2 The Customer indemnifies PTP from and against all PTP’s costs 18.3 The Customer consents to PTP being given a consumer credit agreement and has obtained all necessary authorisations to allow it
resulting from these inaccurate plans, specifications or other and disbursements including legal costs on a solicitor and own client report to collect overdue payment on commercial credit. to do so, it is not insolvent and that this agreement creates binding
information. basis incurred in exercising PTP’s rights under this clause. 18.4 The Customer agrees that personal credit information provided may and valid legal obligations on it.
7.4 Where the Customer is to supply PTP with any design specifications 13.3 The Customer irrevocably appoints PTP and each director of PTP be used and retained by PTP for the following purposes (and for
(including, but not limited to CAD drawings) the Customer shall be as the Customer’s true and lawful attorney/s to perform all other agreed purposes or required by):
responsible for providing accurate data. PTP shall not be liable necessary acts to give effect to the provisions of this clause 13 (a) the provision of Goods/Equipment; and/or
whatsoever for any errors in the Goods that are caused by incorrect including, but not limited to, signing any document on the (b) analysing, verifying and/or checking the Customer’s credit, payment
or inaccurate data being supplied by the Customer. Customer’s behalf. and/or status in relation to the provision of Goods/Equipment;
and/or

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