Trade Accounts

Trade Account Terms and Conditions

Terms of Service

1. INTERPRETATION
1.1 Unless otherwise inconsistent with the context the word "person" shall include a corporation:
1.2 Words importing the singular number shall be deemed to include the plural and vice versa. Words importing the male gender shall be deemed to include the female and neuter gender and vice versa
1.3 "Customer' shall mean the person named as `the Applicant" on the credit application annexed hereto.
1.4 "goods" shall include services.
1.5 HIGGINS TOOWOOMBA INSULATION" shall mean BLECHOS PTY LTD ATF BBB WORK TRUST T/as HIGGINS TOOWOOMBA INSULATION, its successors and assigns.
1.6 "GST" means any goods and services tax.
1.7 "PPSA " means that Personal Property Securities Act 2009 (Cth).


2. OFFER AND ACCEPTANCE
2.1 Any quotation made by HIGGINS TOOWOOMBA INSULATION is not an offer to sell or to provide goods. HIGGINS TOOWOOMBA INSULATION shall not be bound by any order made pursuant to any quotation until it is accepted by HIGGINS TOOWOOMBA INSULATION in writing. HIGGINS TOOWOOMBA INSULATION may accept or refuse to accept any order within thirty (30) days of receipt by HIGGINS TOOWOOMBA INSULATION of the order. These Terms and Conditions shall be deemed to be incorporated into any accepted order or other agreement between HIGGINS TOOWOOMBA INSULATION and the Customer. Any other terms and conditions contained in any order, offer, acceptance or other document of the Customer and all representations, statements, terms and conditions and warranties (whether implied by statute or otherwise) not contained herein are excluded to the fullest extent permitted by law unless expressly accepted by HIGGINS TOOWOOMBA INSULATION.
2.2 In so far as goods or services supplied by HIGGINS TOOWOOMBA INSULATION are not of a kind ordinarily acquired for personal, domestic or household consumption, the liability for breach of a condition or warranty, implied into this contract by the Sale of Goods Act (Old) or the Competition and Consumer Act 2010 (Cwth) is limited:
(a) in the case of goods to any one of the following as determined by HIGGINS TOOWOOMBA INSULATION: 
the refund of the price paid by the Customer for the goods or the issue of a credit note for such amount; or
(ii) the replacement of the goods or the supply of equivalent goods; or
(iii) the repair of the goods; or
(iv) the payment of the cost of replacing the goods or at acquiring equivalent goods; or
(v) the payment of the costs of having the goods repaired;
(b) in the case of services to any one of the following as determined by HIGGINS TOOWOOMBA INSULATION;
(i) the supplying of the services again; or(ii) the payment of the cost of having the services supplied again.


3. DELIVERY
3.1 Any date quoted for delivery ("the quoted date") is an estimate only and unless a guarantee is given by HIGGINS TOOWOOMBA INSULATION in writing providing for liquidated damages for failure to deliver by the quoted date HIGGINS TOOWOOMBA INSULATION shall not be liable to the Customer for any loss or damage howsoever arising even if arising out of the negligence of HIGGINS TOOWOOMBA INSULATION for failure to deliver on or before the quoted date. The Customer shall accept and pay for goods and any GST in accordance with these Terms and Conditions notwithstanding any failure by HIGGINS TOOWOOMBA INSULATION to deliver by the quoted date. Notification by HIGGINS TOOWOOMBA INSULATION to the Customer that goods are ready for delivery whether in whole or in part shall constitute performance by HIGGINS TOOWOOMBA INSULATION of its obligation to deliver and the terms of payment shall apply.
3.2 HIGGINS TOOWOOMBA INSULATION reserves the right to deliver any order in 2 or more parts. If delivery is made in 2 or more parts the Customer shall not be entitled:
(a) to cancel the order or terminate the agreement for the delivery or supply of goods; or
(b) to make any claim for loss or damage resulting from an order being delivered in 2 or more parts or from any part being delivered on or after the quoted date.
3.3 Any quotation containing a provision to supply goods "ex stock" is subject to fulfilment of prior orders at the date of receipt of the Customer's order and remains subject to acceptance of the order by HIGGINS TOOWOOMBA INSULATION.


4. PAYMENT
4.1 The Customer shall pay the price of any goods supplied by HIGGINS TOOWOOMBA INSULATION and any GST in addition to the price.
4.2 Unless otherwise agreed in writing, payment terms are net thirty (30) days from Date of Invoice in which the goods are invoiced to the Customer and in respect of this clause 4.2, time is of the essence.
4.3 All payments shall be in the method specified by HIGGINS TOOWOOMBA INSULATION on each quotation, order and invoice or otherwise in accordance with any other payment request or demand issued by HIGGINS TOOWOOMBA INSULATION.


5. RETENTION OF TITLE
5.1 The Customer agrees that property in the goods is retained by HIGGINS TOOWOOMBA INSULATION until payment by the Customer of all sums owing to HIGGINS TOOWOOMBA INSULATION whether under this contract or otherwise.
5.2 If the Customer fails to pay by the due date any amount owing to HIGGINS TOOWOOMBA INSULATION, HIGGINS TOOWOOMBA INSULATION may without prejudice to any of its other rights recover and resell any goods in which property has not passed to the Customer and the Customer hereby authorises HIGGINS TOOWOOMBA INSULATION to enter onto the premises where the goods are kept to take possession of the goods for that purpose at any time. These rights are in addition to any rights HIGGINS TOOWOOMBA INSULATION may have under Chapter 4 of the PPSA.
5.3 If the Customer sells or purports to sell any goods supplied by HIGGINS TOOWOOMBA INSULATION in which property has not passed to the Customer under clause 5.1,then the Customer must account for and pay to HIGGINS TOOWOOMBA INSULATION for that portion of the proceeds of sale received.


6. PERSONAL PROPERTIES SECURITIES ACT
6.1 In these Terms and Conditions, the following terms shall have the following meanings:-
(i) "PPSA" means the Personal Property Securities Act 2009; and
(ii) "Purchase Monies Securities Interest" or "PMSI" has the meaning given in section 14 of the PPSA as amended from time to time.
(a) The Customer agrees that these Terms and Conditions create a (PMSI) in the goods (and their proceeds) supplied presently and in the future by HIGGINS TOOWOOMBA INSULATION to the Customer.
(b) The Customer agrees to do all things necessary and execute all documents reasonably required to register the PMSI granted by the Customer under these Terms and Conditions and to ensure that HIGGINS TOOWOOMBA INSULATION acquires a perfected security interest in the goods under the PPSA.
(c) The Customer will, upon demand, pay all of HIGGINS TOOWOOMBA INSULATION expenses and legal costs (on a solicitor/client basis) in relation to or in connection with the registration of HIGGINS TOOWOOMBA INSULATION security interest and all other costs associated with protection and enforcement of HIGGINS TOOWOOMBA INSULATION security interest created by these Terms and Conditions or by undertaking an audit under the provisions of the PPSA, or the repossession of the goods the subject of these Terms and Conditions or the exercise, enforcement or preservation of any right or interest under these Terms and Conditions or any contract that HIGGINS TOOWOOMBA INSULATION has with the Customer.
(d) This PMSI does not lose its priority as a result of the renewal, refinance, consolidation or restructure of the subject matter of these Terms and Conditions and any purchase money obligations.
(e) Until ownership of the goods passes to the Customer, the Customer waives their rights under the following provisions of the PPSA, to the extent that it is permitted by law to:
(i) receive a notice of intention of removal of an accession (s.95);
(ii) receive a notice that HIGGINS TOOWOOMBA INSULATION has determined to enforce its security interest in accordance with land law (s.118);
(iii) receive a notice of enforcement action against liquid assets (s121(4))
(iv) receive a notice of disposal of goods by HIGGINS TOOWOOMBA INSULATION purchasing the goods (s.129);
(v) receive a notice to dispose of the goods (s.130);
(vi) receive a statement of account following disposal of the goods (s.132(2));
(vii) receive a statement of account if no disposal of the goods, six monthly (s.132(4));
(viii) receive notice of any proposal by HIGGINS TOOWOOMBA INSULATION to retain the goods (s.135(2));
(ix) object to any proposal by HIGGINS TOOWOOMBA INSULATION to either retain and dispose of the goods (s.137(3));
(x) Redeem the goods (s.142);
(xi) Reinstate the security agreement (s.143); and
(xii) Receive a notice of any verification statement (s.157(1) and 157(3)).
(f) To the extent permitted by the PPSA, these Terms and Conditions exclude any provisions of the PPSA which may be excluded in HIGGINS TOOWOOMBA INSULATION discretion and which would otherwise confer rights on the Customer.
(g) The Customer further agrees that where HIGGINS TOOWOOMBA INSULATION has rights in addition to those under Part 4 of the PPSA, those rights shall continue to apply.
(h) The Customers right to possession of goods still owned by HIGGINS TOOWOOMBA INSULATION under these Terms and Conditions shall cease if:
(i) the Customer being an individual, commits an act of bankruptcy;
(ii) the Customer being a company, circumstances arise where a receiver, manager, administrator or controller becomes entitled to take possession of any of the Customers assets, any proceedings are instituted for winding up, or the Customer enter into a Deed of Company Arrangement;
(iii) the Customer cease or threaten to cease conducting business in the normal manner or apply for deregistration or receive a deregistration notice;
(iv) any cheque the Customer provide to HIGGINS TOOWOOMBA INSULATION is dishonoured for payment;
(v) the Customer fails to comply with any demand for payment issued by HIGGINS TOOWOOMBA INSULATION; or
(vi) the Customer breaches any of the Terms and Conditions contained therein and/or are in default of any other agreement between HIGGINS TOOWOOMBA INSULATION and the Customer.
(i) The Customer agree that repossession and retention of the goods pursuant to the PPSA will only satisfy so much of the monies which may become payable to HIGGINS TOOWOOMBA INSULATION by the Customer, as is equivalent to HIGGINS TOOWOOMBA INSULATION estimation of the market value of the goods as it is at the date of repossession and the repossession and retention will immediately extinguish any rights for interest HIGGINS TOOWOOMBA INSULATION has on the value of the goods recovered.
(j) Until ownership of the goods passes, the Customer must not give HIGGINS TOOWOOMBA INSULATION a written demand or allow any other person to give HIGGINS TOOWOOMBA INSULATION a written demand requiring HIGGINS TOOWOOMBA INSULATION to register a financing change statement under the PPSA or enter into or allow any other person to enter into the personal property securities register a financing change statement under the PPSA.
(k) The Customer agree not to change your name or undertake any changes to any documents that HIGGINS TOOWOOMBA INSULATION has registered, requires to be registered or are capable of being registered without the prior written consent of HIGGINS TOOWOOMBA INSULATION.
6.2 HIGGINS TOOWOOMBA INSULATION has a security interest (for the purposes of the PPSA) in the goods and any proceeds until the title passes to the Customer. This security interest secures all money owing by the Customer to HIGGINS TOOWOOMBA INSULATION under these terms and each contract in connection with the goods. Each security interest is a "purchase money security interest" under the PPSA to the extent that it secures payment of the amounts owing in relation to the goods. The security interest arising under this clause attaches to the goods when the Customer obtains possession of the goods and the parties to the contract confirm that they have not agreed to any security interest arising under this clause attaches at any later time.
6.3 HIGGINS TOOWOOMBA INSULATION may register any security interest in connection with these terms for the purpose of the PPSA (including a security interest under a contract arising out of these terms) for whatever class or classes of collateral HIGGINS TOOWOOMBA INSULATION thinks fit The Customer consents to any registration by HIGGINS TOOWOOMBA INSULATION and may not make an amendment demand. The Customer must do anything (such as obtaining consents, signing and producing receipts and documents, getting documents completed and signed and supplying information) which is requested by HIGGINS TOOWOOMBA INSULATION and which HIGGINS TOOWOOMBA INSULATION considers necessary for the purposes of ensuring that each such security interest is enforceable, perfected and otherwise effective.
6.4 In relation to any security interest in connection with these terms:-
(a) HIGGINS TOOWOOMBA INSULATION need not give any notice under the PPSA (including a notice of a verification statement) in relation to a security interest in connection with these terms unless the notice is required by the PPSA and cannot be excluded;
(b) HIGGINS TOOWOOMBA INSULATION need not comply with any of the provisions of the PPSA that would otherwise apply to the extent the law permits than to be excluded; and
(c) the Customer may not exercise rights under section 142 (redemption of collateral) or 143 (reinstatement of security interest) of the PPSA to the extent the law permits them to be excluded.


7. RISK
7.1 Unless otherwise agreed in writing, risk in the goods shall pass to the Customer at the time when the goods have been placed on the vehicle which is to deliver the goods from HIGGINS TOOWOOMBA INSULATION store or warehouse. The goods shall be at the Customer's risk at all times unless and until HIGGINS TOOWOOMBA INSULATION retakes possession of the goods pursuant to these Terms and Conditions.


8. CLAIMS AND RETURNS
8.1 HIGGINS TOOWOOMBA INSULATION shall not be liable to the Customer for any Loss or damage whatsoever and however caused in respect of any claim for any loss or damage, deterioration, deficiency or other fault or harm in the goods provided by HIGGINS TOOWOOMBA INSULATION or due to any act or the negligence of HIGGINS TOOWOOMBA INSULATION, its servants or agents.
8.2 As soon as any of the facts or matters which form any part of any claim or complaint whatsoever become known to the Customer, the Customer shall within fourteen (14) days notify HIGGINS TOOWOOMBA INSULATION in writing of the same.
8.3 HIGGINS TOOWOOMBA INSULATION shall not be liable in any circumstances for any 
(a) defects or damages caused in whole or in part by misuse, abuse, neglect, improper application, repair or alteration (other than by HIGGINS TOOWOOMBA INSULATION) or accident; 
(b) any transport installation removal, labour or other costs; 
(c) details in goods not manufactured by it, or 
(d) technical advice or assistance given or rendered by it to the Customer or not in connection with the manufacture construction or supply of goods for or to the Customer. 
but HIGGINS TOOWOOMBA INSULATION will endeavour to pass on to the Customer the benefit of any claim made by HIGGINS TOOWOOMBA INSULATION and accepted by the 
Customer and the benefit of any claim made by HIGGINS TOOWOOMBA INSULATION and accepted by the manufacturer of such goods under a warranty given by the manufacturer of such goods.


9. FORCE MAJEURE
9.1 If HIGGINS TOOWOOMBA INSULATION’ performance or observance of any obligations is prevented restricted or effected by reason of a Force Majeure event including any act of God, strike, lock out, industrial dispute, raw material shortage, breakdown of plant, transport or equipment, flood or any other cause beyond HIGGINS TOOWOOMBA INSULATION’ reasonable control HIGGINS TOOWOOMBA INSULATION may in its absolute discretion give prompt notice of that cause to the Customer. On delivery of that notice HIGGINS TOOWOOMBA INSULATION is excused from such performance or observance to the extent of the relevant prevention restriction or effect.
9.2 HIGGINS TOOWOOMBA INSULATION shall not be liable to the Customer or any other party for direct, indirect, consequential loss or damage whatsoever by reason of any delay in delivery from any cause whatsoever including but not limited to the negligence of HIGGINS TOOWOOMBA INSULATION or any other party, any Force Majeure event or any cause beyond the reasonable control of HIGGINS TOOWOOMBA INSULATION.


10. DEFAULT
10.1 If:
(a) HIGGINS TOOWOOMBA INSULATION has any reasonable grounds to believe that the Customer may not be able to make due and punctual payment to HIGGINS TOOWOOMBA INSULATION or there is any default or failure by the Customer in making due and punctual payment to HIGGINS TOOWOOMBA INSULATION of any monies owing by the Customer; or
(b) an administrator, liquidator or provisional liquidator is appointed in respect of the Customer; or
(c) a receiver, receiver and manager, administrator or controller is appointed in respect of any assets or group of assets owned by the Customer; or
(d) the Customer goes into bankruptcy or is wound up; or
(e) the Customer becomes, admit in writing that the Customer is, or is declared by a court to be unable to pay its debts as and when they fall due; or
(f) there is a breach by the Customer of any of these Terms and Conditions, then all monies payable by the Customer to HIGGINS TOOWOOMBA INSULATION shall at HIGGINS TOOWOOMBA INSULATION election become immediately due and payable notwithstanding the due date for payment shall not have expired; and HIGGINS TOOWOOMBA INSULATION may without prejudice to any other rights it may have, do any or all of the following:
(i) place a stop on any credit facilities which may have been extended to the Customer;(ii) withdraw any credit facilities which may have been extended to the Customer;
(iii) withhold any further delivery of goods;
(iv) in respect of goods already delivered, enter onto the Customer’s premises to recover and resell the goods for its own benefit;
(v) recover from the Customer the cost of materials or goods acquired for the purpose of future deliveries; or exercise such rights as are afforded to HIGGINS TOOWOOMBA INSULATION under the PPSA.
10.2 Then:
(a) in the event of default by the Customer all monies payable by the Customer to HIGGINS TOOWOOMBA INSULATION shall at HIGGINS TOOWOOMBA INSULATION election become immediately due and payable notwithstanding the due date for payment shall not have expired.
(b) HIGGINS TOOWOOMBA INSULATION may at its discretion withhold further supplies of goods or cancel any order or other the contract with the Customer, or vary the terms of this contract without prejudice to its rights hereunder provided however that HIGGINS TOOWOOMBA INSULATION may at any time and from time to time upon such terms as it may determine elect not to immediately take action or pursue any of its rights under these Terms and Conditions. HIGGINS TOOWOOMBA INSULATION failure or delay to exercise a power or right does not operate as a waiver of that power or right.
10.3 The Customer must pay to HIGGINS TOOWOOMBA INSULATION interest at the rate of 1.5% per month on daily balances in respect of any amounts as may from time to time be overdue until paid and such interest shall be recoverable from the Customer as a liquidated debt.
10.4 The Customer indemnifies HIGGINS TOOWOOMBA INSULATION against any costs, fees, charges and disbursements (inclusive of any GST) charged by any mercantile or collection agent or solicitor engaged for the purpose of the collection or recovery of monies due and payable by the Customer to HIGGINS TOOWOOMBA INSULATION on an indemnity basis and all such costs shall be recoverable as a liquidated debt
10.5 The Customer must pay to HIGGINS TOOWOOMBA INSULATION an administration fee of $50.00 on the occurrence of every event of default as a liquidated debt being a genuine pre-estimate of the loss of HIGGINS TOOWOOMBA INSULATION in respect of such act of default, however such fee shall not preclude HIGGINS TOOWOOMBA INSULATION from claiming any higher amount from the Customer for any loss occasioned by such act of default


11. CHANGE OF OWNERSHIP
11.1 The Customer must notify HIGGINS TOOWOOMBA INSULATION in writing of any change of ownership of the Customer or its business, or of directorships in the case of a corporate Customer, or of any other change whatsoever affecting these Terms and Conditions within seven (7) days from the date of such change and indemnifies HIGGINS TOOWOOMBA INSULATION against any loss or damage incurred by it as a result of the Customers failure to notify HIGGINS TOOWOOMBA INSULATION of any change.


12. LIABILITY
12.1 Except as the terms specifically state or as contained in any express warranty provided in relation to the goods the agreement does not include or implicate any other term condition or warranty in respect of the quality, merchantability and acceptability fitness for purpose, condition, description, assembly, manufacture, design or performance of the goods or any contractual remedy for their failure.
12.2 HIGGINS TOOWOOMBA INSULATION is not liable for any indirect or consequential loss or expenses suffered by The Customer or any third party howsoever caused including but not limited to the loss of profits or the goodwill of the business or any liability to any other party.
12.3 The Customer acknowledges and agrees that:
(a) the Customer has not relied upon any service involving skill and judgment or any advice recommendation information or assistance given by HIGGINS TOOWOOMBA INSULATION it’s agents or employees in relation to the goods or services or their use or purpose; and
(b) The Customer has not made known whether expressly or by implication to HIGGINS TOOWOOMBA INSULATION the purpose for which the Customer requires the goods or services and the Customer having the sole responsibility of satisfying the themselves that the goods or services are suitable for the use the
Customers requirements;
nothing in the terms is to be interpreted as excluding restricting or modifying the application of any non-excludable State or Federal legislation applicable to sale of the goods or supplied services.


13. JURISDICTION
13.1 This contract for the supply of the goods is deemed to have been entered into in the State of Queensland. Any legal action arising out of or in respect of the contract and/or the interpretation thereof shall be brought only in the Courts of Brisbane in the State of Queensland and the Customer irrevocably submits itself to the jurisdiction of the Courts of Brisbane in the State of Queensland.
13.2 If the subject matter of any dispute arising hereunder is within the jurisdiction of the Queensland Building Tribunal then the Customer hereby elects not to have such dispute determined in the Queensland Building Tribunal but instead to have such dispute heard and determined either in the Magistrates, District or Supreme Court according to the jurisdiction of each such court.


14. PRIVACY ACT 1988
14.1 HIGGINS TOOWOOMBA INSULATION hereby advises that, pursuant to s. 18E (8) of the Privacy Act 1988, information disclosed in this credit application may be disclosed to a credit reporting agency. Under Section 18 E (8) (c) of the Privacy Act 1988 HIGGINS TOOWOOMBA INSULATION is allowed to give a credit reporting agency personal information about the Customers credit application. information which may be given to an agency is covered by Section 18 E (1) of the Act and includes; identity particulars (as permitted by the Privacy Commissioner's determination issued under Section 18 E (3)); the fact that the Customer have applied for credit and the amount, the fact that HIGGINS TOOWOOMBA INSULATION is a credit provider to the Customer, payments that become overdue by more than sixty (60) days and for which collection action has commenced; advice that payments are no longer overdue; cheque’s drawn by the Customer which have been dishonoured; in specific circumstances, that in the opinion of HIGGINS TOOWOOMBA INSULATION, the Customer have committed a serious credit infringement; that credit provided to the Customer by HIGGINS TOOWOOMBA INSULATION has been paid or otherwise discharged. Pursuant to ss 18 K (1) and 18 n (1) of the Privacy Act 1988 and paragraph 2.12 of the Credit Reporting Code of Conduct issued under s. 18A of that Act, the Customer hereby agree to HIGGINS TOOWOOMBA INSULATION obtaining personal information from a credit reporting agency or a credit provider for the purpose of assessing this application for commercial credit (including information as to credit worthiness); and agree to that agency or provider providing that information to HIGGINS TOOWOOMBA INSULATION for that purpose. The Customer further agree to the obtaining from, and provision by, such agency or provider further credit reports which may assist HIGGINS TOOWOOMBA INSULATION in recovering any sums outstanding under the terms of the commercial credit agreement to which this application may lead.

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