|Terms & Conditions|
'Carrier' means Adelaide Express Transport ABN 75 008 288 006.
'Customer' means the customer identified in the Application for Credit.
'Contract' means all contracts entered into between the Carrier and the Customer.
2. Entire Contract
These conditions cancel and are in substitution for all or any previous conditions and are subject to change without reason by the carrier. These Terms and Conditions including any terms and conditions on the face hereof contain the complete and final agreement between the Carrier and the Customer and no other agreement in any way modifying any of the said terms and conditions will be binding upon the Carrier unless made in writing and signed by the Carrier.
Quotations are to be treated as estimates only and subject to withdrawl, correction or alteration at any time before acceptance of the customers order by the Carrier, unless stated otherwise.
5. Payment Terms
- The price charged will be the Carriers price ruling at the date the service is applied unless otherwise agreed to in writing.
- All pricing does not include the GST. GST will be added at the rate current at the time the service is provided.
- Should there be any variation in details, sizes and quantities, delivery instructions or any item or matter on which the quotation or invoice is based the Carrier reserves the right to revise and amend the Contract price accordingly.
- Clerical errors in computations, typing quotations, acceptance, invoice, delivery docket, credit note of the Carrier will be subject to correction.
- Due to the continuing fuel price fluctuations a fuel levy is charged to all accounts based on the Road Freight Cost Indices which levy is reviewed on a monthly basis while uncertainty exists and any variations, adversely or favorable will be adjusted on each Invoice / Statement showing a one month lag in its application.
6. Defaults on happening on any one or more of the following events, namely:
- If the Carrier shall extend credit to the Customer, payment for the services is to be paid by the DUE DATE as shown on the invoice / statement unless otherwise agreed to in writing.
- Payment not received in full of all charges by the DUE DATE, which appears on each Invoice / Statement, will be designated as OVERDUE in the next invoice / statement, until payment has been made in full.
- Overdue Account Service Fees will apply each month at a rate of 9% until payment is received in full.
- On the written request of the Customer the Carrier will provide additional replacement Invoice/ statement at a cost of $2.50 per page to the Customer.
- The Carrier reserves the right to withdraw credit terms, cancel any discounted rates, apply or vary a credit limit at any time.
7. Variation of Conditions
- The Customer fails to make payment on the due date.
- An administrator or liquidator is appointed over all or any assets of the customer or a scheme or arrangement is proposed or approved with respect to the Customer or mortgagee enters into possession of any of the assets of the Customer.
- An application is made for the winding up of a customer.
- Any event occurs which would confer upon any person or entity, the right to institute proceedings for the winding-up of the customer or the customer appoints an administrator as defined in the Corporations law.
- In the case of the customer being a natural person, the customer commits an act of bankruptcy.
- In the case of the Customer being a partnership, sub paragraph 6.4 and or 6.5 applies to any of the partners.
Then, the carrier may at its own option exercise all or any of the following rights. (Not withstanding any prior failure to do so).
- Demand payment of the whole of the monies owing from the Customer to the Carrier and the Customer agrees to pay immediately.
- The customer shall pay to the Carrier interest on such amount outstanding at the rate of 9% per month and any cost with respect to solicitors, legal advisers, mercantile agents and other agents acting on the Carriers behalf in respect of any enforcement hereof or recovery or attempted recovery of either of the monies owing by the Customer to the Carrier.
8. Acknowledgements of Terms and Conditions and Privacy Act Authorization
- The Carrier has the right to vary these terms and conditions at any time upon the giving of 7 days notice in writing of such variation to the customer.
- Such notice will be deemed to be notice to every servant of agent of every customer.
- These terms cannot be waived or varied except by the Carrier.
Each of the persons who complete an Account Application and whose signature(s) appears on the Account Application (In whatever capacity) authorizes and acknowledges that;
- They have read, understood and agreed to be bound by all these Terms and Conditions.
- Items of personal information contained in the Credit Application and permitted to be kept on a credit information file might be disclosed to a Credit Reporting Agency.
- In accordance with paragraphs (b), (e) and (h) of section 18k and or section 18L(4) of the Privacy Act 1988, that disclosure by a credit reporting agency and / or use by the Carrier of the relevant information referred to those sections may occur for the purpose of assessing this application.
- The Carrier may supply information about the credit worthiness to other credit providers and authorities trade referees to provide the Carrier with information about their credit worthiness.