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NOTE: These terms shall apply to credit facilities and trade with Silverback Cargo Equipment Pty Ltd (Silverback) and, in the absence of any other written agreement or direction of Silverback, shall be the only terms applicable.
1. Information Provided
The Applicant warrants that all information in the application is true and correct and acknowledges that personal information is collected for the purposes of assessing applications, making and managing supplies and collecting payment. Without limitation, Silverback may obtain from a third party, including a credit reporting agency, reports or information as to the credit worthiness of individuals and share and disclose information concerning the credit worthiness, history and/or capacity of the Applicant and any guarantors, with third parties.
2. Orders & Prices
(a) Orders may only be cancelled with the written approval of Silverback.
(b) Prices and subject to change. Without limitation, Silverback reserves the right to change prices, without prior notice, due to proposed taxes, charges, premiums, etc. for completed agreements where collection or delivery has not yet taken place.
(c) Silverback is not responsible or liable for any loss or damage arising from delay to delivery. Unless otherwise agreed or prescribed by Silverback, all goods shall be uninsured.
(d) The Applicant will provide reasonable means of access to and from any agreed place of delivery and any necessary equipment and labour to facilitate the efficient delivery and unloading of goods. Any goods which cannot be delivered by reason of the Applicant’s default under these terms may be stored and handled by Silverback at the Applicant’s cost and risk, such costs being payable on demand. Any pallets or similar items owned or used by Silverback in dispatching or collecting the goods must be returned upon request to Silverback by the Applicant, at the Applicant’s expense.
3. Conditions of Payment
(a) Full payment must be received by Silverback within 30 days of the invoice date, without deduction or set-off.
(b) If Silverback does not receive written notice that an invoice is disputed, within 7 days of the issuing of the invoice, the Applicant will be deemed to have accepted that the invoice is correct and payable.
(c) Claims of damage or short delivery of goods must be notified in writing within 7 days of receipt of goods, failing which, the Applicant will be deemed to have accepted goods, in the state and condition delivered. Silverback may refuse to accept any goods which are returned.
(d) The Applicant shall be liable for all expenses incurred by Silverback in collecting all invoiced amounts and other amounts payable under these terms, including, but not limited to, all legal expenses on a full indemnity basis. Interest on all outstanding moneys will accrue on a daily basis at the higher of any amount specified in an invoice and a rate equivalent to the then current rate fixed under the Penalty Interest Rates Act QLD plus 5%.
To the fullest extent permitted by law, no warranty, condition, description or representation on the part of Silverback is given or implied or has been given or is to be implied from anything said or written in the negotiations between the parties or their representatives. Silverback’s sole liability for breach of any condition, warranty or other obligation imposed by the Trade Practices Act 1974 (Cth), as amended, or relevant similar state or territory legislation, including any consequential loss the Applicant may sustain or incur, will be limited to (whichever Silverback may select): the replacement of the goods; the supply of equivalent goods; payment of the cost of replacing the goods or acquiring equivalent goods; or the repair of the goods or payment of the cost of having the goods repaired.
5. Retention of Title
From the time of dispatch the goods are at the sole risk of the Applicant and the risk of any loss or damage to or deterioration of the goods, however caused, will be the responsibility of the Applicant. Silverback remains the legal and beneficial owner of the goods until payment in full of all amounts payable by the Applicant to Silverback under these terms.
6. Right of Entry
The Applicant irrevocably authorises Silverback and its officers, employees, contractors and agents to enter any premises owned, leased or occupied by the Applicant, using reasonable force, if necessary, to take possession of goods belonging to
Silverback, for retention or re-sale, without liability for trespass or any resulting damage. The Applicant shall not claim that any goods have an affixation or otherwise become part of or merged in the freehold of such premises.
7. Cancellation of Credit
Silverback may, at its discretion, suspend or cancel credit facilities and/or the supply of goods, including upon payment being overdue or an agreed credit limit being exceeded, in which case, any continuation of trading will revert to COD (without limiting the right of Silverback to re-take possession of goods).
(a) Unless otherwise agreed or provided for in these terms, all taxes and duties on the goods supplied will be borne by the Applicant.
(b) Silverback is not, in any circumstances, liable in respect of any breach of these terms or in respect of the delivery of the goods, for any loss of profit, loss of use, loss of contract, loss or goodwill or any indirect or consequential loss. All costs and expenses incurred by Silverback in connection with the exercise of its rights under these terms are payable by the Applicant on demand.
(c) These terms are governed by and construed in accordance with the laws applicable in the State of Queensland, Australia
9. Variation of Terms
Silverback may vary any aspect of these terms, on written notice to the Applicant. An amendment, variation or addition made will not take effect until 10 days (or such longer period as the notice may specify) after the notice is given by Silverback.