1. Services
The services shall be as described on any invoices, quotations, work authorisation or any other forms provided by Crown to the Client.
2. Price and Payment
2.1 The price shall be as indicated on invoices provided by Crown to the Client in respect of the Services supplied.
2.2 Time for payment for the services shall be of the essence and will be stated on the invoice, quotation or other order forms. If no time is stated, then payment will be due thirty (30) days following the date of the invoice.
2.3 The price shall be increased by the amount of any GST and other taxes and duties which may be applicable, except to the extent that such taxes are expressly included in any quotation given by Crown.
3. Default and Consequences of Default
3.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at Crown’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgement.
3.2 If the Client defaults in payment of any invoice when due, the Client shall indemnify Crown from and against all costs and disbursements incurred by Crown in pursuing the debt, including legal costs on a solicitor and own client basis and Crown’s collection agency costs.
4. Errors and Omissions
4.1 The Client shall inspect the Services on delivery and shall within seven (7) days of delivery (time being of the essence) notify Crown of any alleged defect, shortage in quantity, errors, omissions or failure to comply with the description or quote. The Client shall afford Crown an opportunity to inspect the services within a reasonable time following delivery if the Client believes the Services are defective in any way. If the Client shall fail to comply with these provisions, the Services shall be conclusively presumed to be in accordance with the terms and condition and free from any defect or damage. For defective Services, which Crown has agreed in writing that the Client is entitled to reject, Crown’s liability is limited to either (at Crown’s discretion) replacing the Services or rectifying the Services as a consumer within the meaning of the Competition and Consumer Act 2010 (CWlth) or the Fair Trading Acts of the relevant state or territories of Australia, and is therefore also entitled to, at the consumer’s discretion, either a refund of the purchase price of the Services, or rectification of the Services, or replacement of the Services.
5. Privacy Act 1988
5.1 The Client and/or the Guarantor (herein referred to as Client) agree for Crown to obtain from a credit reporting agency a credit report containing personal credit information about the Client in relation to credit supplied by Crown.
5.2 The Client agrees that Crown may exchange information about the Client with those credit providers either named as trade referees by the Client or named in a consumer credit report issued by a credit reporting agency for the following purposes:
(a) to assess an application by Client; and/or
(b) to notify other credit providers of a default by the Client; and /or
(c) to exchange information with other credit providers as to the status of this credit account, where the Client is in default with other credit providers; and/or
(d) to assess the creditworthiness of Client. The Client understands that the information exchanged can include anything about the Client’s creditworthiness, credit standing, credit history or credit capacity that credit providers are allowed to exchange under the Privacy Act 1988.
5.3 The Client consents to Crown being given a consumer credit report to collect overdue payment on commercial credit (Section 18K(1)(h) Privacy Act 1988).
5.4 The Client agrees that personal credit information provided may be used and retained by Crown for the following purposes and for other purposes as shall be agreed between the Client and Crown or required by law from time to time:
(a) provision of Services; and/or
(b) marketing of Services by Crown, its agents or distributors in relation to the Services; and/or
(c) analysing, verifying and/or checking the Client’s credit, payment and/or status in relation to the provision of Services; and/or
(d) processing of any payment instructions, direct debit facilities and/or credit facilities requested by Client; and/or
(e) enabling the daily operation of Client’s account and/or the collection of amounts outstanding in the Client’s account in relation to the Services.
5.5 Crown may give information about the Client to a credit reporting agency for the following purposes:
(a) to obtain a consumer credit report about the Client;
(b) allow the credit reporting agency to create or maintain a credit information file containing information about the Client.
5.6 The information given to the credit reporting agency may include:
(a) personal particulars (the Client’s name, sex, address, previous addresses, date of birth, name of employer and driver’s licence number);
(b) details concerning the Client’s application for credit or commercial credit and the amount requested;
(c) advice that Crown is a current credit provider to the Client;
(d) advice of any overdue accounts, loan repayments, and/or any outstanding monies owing which are overdue by more than sixty (60) days, and for which debt collection action has been started;
(e) that the Client’s overdue accounts, loan repayments and/or any outstanding monies are no longer overdue in respect of any default that has been listed;
(f) information that, in the opinion of Crown, the Client has committed a serious credit infringement (that is, fraudulently or shown an intention not to comply with the Client’s credit obligations);
(g) advice that cheques drawn by the Client have been dishonoured more than once;
(h) that credit provided to the Client by Crown has been paid or otherwise discharged.
