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Terms & Conditions
1) AGREEMENT:
This agreement between the Customer (“Customer”) and ISLAND CHILL
(AUST) PTY LTD is to set out terms and conditions under which equipment
and products may be supplied and purchases made from time to time.
2) PAYMENT TERMS:
The Customer agrees to pay cash on delivery of the product unless
ISLAND CHILL (AUST) PTY LTD has agreed to payment terms and or
other forms of payment which will be confirmed in writing by the
Director of ISLAND CHILL (AUST) PTY LTD .
3. OVERDUE PAYMENTS:
a) The Customer agrees that any payments dishonoured or reversed by the
Customer’s bank (made by cheque, direct debit or credit card) will be
reimbursed by the Customer to ISLAND CHILL (AUST) PTY LTD
including all fees the Customer’s Bank charges and ISLAND CHILL (AUST)
PTY LTD plus reasonable administration charges.
b) The Customer agrees that any costs or disbursements incurred by
ISLAND CHILL (AUST) PTY LTD in recovering any outstanding monies
including Equipment pick up fees, debt collection agency fees,
solicitor’s
costs plus overdue interest charges calculated daily from due date and applied at 25% per annum, shall be paid by the Customer.
4) PRICING:
ISLAND CHILL (AUST) PTY LTD reserves the right to adjust the
price of the Equipment and products delivered by ISLAND CHILL (AUST)
PTY LTD by giving reasonable notice to the Customer.
5) AGREMENT TO OBTAI N CERTAIN INFOR MATION:
a) The Customer consents to ISLAND CHILL (AUST) PTY LTD using and
disclosing, its personal information for the express purposes of
accepting, processing and fulfilling its requirements,notifying it of
its order status, for product research and development, to assist the
company to improve customer services, and allow ISLAND CHILL (AUST) PTY
LTD to market services of its partners.
b) The Customer may notify ISLAND CHILL (AUST) PTY LTD at any
time if the Customer does not wish to continue receiving marketing
information from ISLAND CHILL (AUST) PTY LTD .
c) ISLAND CHILL (AUST) PTY LTD will not disclose Customer’s personal information to any person unless it is:
i) required or authorised by law; or
ii) to a contracted mailing house or to another organisation providing
services to ISLAND CHILL (AUST) PTY LTD bound by confidentiality
agreements; or
iii) to an entity that acquires the business or assets of ISLAND CHILL (AUST) PTY LTD.
d) The Customer agrees that ISLAND CHILL (AUST) PTY LTD may
exchange information with those credit providers named in the
application or named in a consumer credit report issued by a credit
reporting agency for the following purposes:
i) Notice of disclosure of your credit information to a credit reporting agency. (Section 18(E)(1) Privacy Act 1988)
e) ISLAND CHILL (AUST) PTY LTD may give information about the
Customer to a credit reporting agency, for the following purposes to:
i) obtain a consumer credit report about the Customer, and/or
ii) allow the credit reporting agency to create or maintain a credit information file containing information about the Customer.
f) The information provided is limited to:
i) identity particulars – Customer’s name, sex, address (and the
previous two addresses) date of birth, name of employer, and drivers
licence number; and.
ii) Customer’s application for credit or commercial credit - the fact that you have applied for credit and the amount; and.
iii) the fact that [name of credit provider] is a current credit provider to the Customer; and.
iv) repayments which are overdue by more than 60 days, and for which debt collection action has started; and.
v) advice that the Customer’s repayments are no longer overdue in respect of any default that has been listed; and.
vi) information that, in the opinion of ISLAND CHILL (AUST) PTY
LTD the Customer has committed a serious credit infringement
(that is, fraudulent or shown an intention not to comply with your
credit obligations); and.
vii) dishonoured cheques - cheques drawn by the Customer for $100 or more which have been dishonoured more than once; and.
viii) that credit provided to the Customer by ISLAND CHILL (AUST) PTY LTD has been paid or otherwise discharged.
g) The information exchanged can include anything about the Customer’s
credit worthiness, credit standing, credit history or credit capacity
that credit providers are allowed to exchange under the Privacy Act.
h) The customer is able to access personal information maintained by
ISLAND CHILL (AUST) PTY LTD . There shall be no fee to apply for access.
13) DELIVERY:
a) The Customer acknowledges and agrees that ISLAND CHILL (AUST) PTY
LTD has a minimum delivery requirement of 5 cartons each delivery.
b) ISLAND CHILL (AUST) PTY LTD will deliver the Equipment and
products to the Customer’s nominated premises on the first delivery and
thereafter will deliver products on a scheduled weekly, fortnightly, or
monthly delivery cycle based on the Customer’s needs and according to a
delivery calendar supplied by ISLAND CHILL (AUST) PTY LTD .
c) In the event that the Customer requires extra deliveries over and
above their scheduled delivery service then ISLAND CHILL (AUST) PTY
LTD reserves the right to charge, and the Customer agrees
to pay, a reasonable delivery fee. ISLAND CHILL (AUST) PTY LTD
shall notify the Customer in advance of any such delivery fee and it
shall be detailed on the delivery Invoice.
d) ISLAND CHILL (AUST) PTY LTD reserves the right to charge, and
the Customer agrees to pay, a reasonable fuel surcharge on all
deliveries based on market increases to the price of fuel. ISLAND CHILL
(AUST) PTY LTD shall notify the Customer in advance of any such
fuel surcharge and it shall be detailed on the delivery Invoice.
f) The Customer agrees to provide ISLAND CHILL (AUST) PTY LTD
representative with reasonable and safe access to their premises to
allow the efficient delivery of Equipment and products.
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