Terms of Trade

  1. These general agreed terms apply to all transactions between us. Other documents relating to our transactions may include any specific terms and conditions and by placing an order you are deemed to accept these terms of trade.
  2. The price quoted by Cre8 shall not be varied for a period of 30 days from the date of the written quotation. Following the expiration of this period, the negotiated price must be confirmed and the responsibility shall rest with the Customer.
  3. Orders accepted by Cre8 cannot be cancelled, delivery deferred or goods returned. Due to the high risk of damage to the boards, Cre8 will not accept back into stock Echo Panel deliveries.
  4. If you are a “Proprietary Limited” Company the directors of the purchasing company will be deemed to have guaranteed all the obligations of the company under these terms of trade.
  5. Price means our fixed and published price or the amount agreed between us or the amount established by a course of dealing between us. The price unless otherwise agreed does not include delivery costs.
  6. The observation of agreed time frames is of primary importance and time remains of the essence
  7. If you must make a payment or do any other thing on or by a day that is not a business day you must make the payment or do the thing on or by the next business day.
  8. Unless otherwise agreed normally payment is a condition precedent to delivery of the goods and the payment of any deposit pursuant to any purchase order will at all times be non-refundable.
  9. If we have to order goods from a Third Party supplier you will be required to pay for such goods order prior to us placing any such order with the Third Party and your payment will be non-refundable in this instance if you decide to later cancel your order for goods.
  10. By accepting payment of any sum after its due date we do not waive our right either to require payments as they fall due or to suspend or end our arrangements.
  11. You and any guarantor will be in default if you do not pay us when money is due for payment or fail to comply with any other obligation under our business arrangements.
  12. If you are in default under our agreement we may, within Cr8’s discretion, send you a default notice. The notice will tell you what the default is and what you are required to do to correct the default. You will have 7 days to rectify the default.
  13. If you do not comply with the default notice you become immediately liable to pay us all money owing with interest on that amount from the due date until payment at the rate of 15% per annum. In these circumstances, as title to the goods do not pass to you until we have been paid, we may repossess and sell the goods and apply the proceeds of the sale towards repayment of the money owed under the agreement.
  14. You also agree to pay on default all costs and expenses incurred in exercising our rights of recovery from you and the guarantor if any and indemnify us against any losses resulting from the default and we may register your default with a credit rating agency.
  15. Title in the goods does not pass in any goods to you until we have received payment in full.
  16. To protect our security interest in the goods until payment we may choose to register the agreement between us under the Personal Properties Securities Act 2009. You agree to do all things necessary to facilitate such registration.
  17. On default in payment you irrevocably permit us or any person authorised by us in writing upon reasonable notice to enter your premises or the premises where the goods are reasonably believed by us to be held on your behalf. You also agree to indemnify and hold us harmless for all reasonable costs and expenses of recovery of the goods and losses if any on their resale.
  18. You agree to sign documents or do all things necessary to perfect our rights under the agreement and appoint us as your attorney to sign any document or do anything that may reasonably be required to enforce our rights on default.
  19. Unless otherwise agreed risk passes to you at the time we ship FOB our ordinary place of business to your specified location. You assume all responsibility for filing claims for damage against the carriers and other agents. You must insure the goods against loss or damage until payment has been made to us.
  20. If any of the goods are damaged or destroyed after shipment you must direct the insurer to make payment to us of all insurance money payable in respect of the insurance claim made on the damaged or destroyed goods.
  21. Insurance money received by us will be applied firstly against the outstanding price of the goods that are damaged or destroyed, secondly against the outstanding price of all goods supplied under the agreement, thirdly against the outstanding balance payable to us by you on any account under our agreements and fourthly in payment of any balance to you.
  22. You represent and warrant to us that all information and representations that you, or any person acting on your behalf has given in connection with our transactions are true and correct and that you have not failed to disclose to us anything relevant to our decision to have dealings with you and that no court proceedings or dispute is current that may have an adverse effect on performing your obligations under this agreement.
  23. Acceptance of the goods must take place immediately following delivery and is established if you signify by words or conduct that the goods are conforming or that you retain them in spite of their nonconformity or deal with them in a way inconsistent with our ownership.
  24. Your right, as against us to retain or dispose of the goods or services delivered or supplied is conditional upon you honouring our payment arrangements.
  25. When a dispute arises between us you agree to comply with our dispute resolution process. To this end a party with a complaint against the other is first required to notify the other of the dispute by giving written notice specifying the nature of the dispute, the outcome required and the action believed necessary under the circumstances that will assist both in settling the dispute.
  26. Each party will then in good faith attempt to resolve the dispute by negotiation, and if the dispute in some aspect involves payment of money, the party withholding payment is required immediately upon receipt of the notice to deposit the disputed amount into an escrow account with instructions pertaining to the release of funds. Undisputed amounts must be paid forthwith.
  27. Notices must be in writing and be given personally by Express or Registered Post with delivery confirmation or by facsimile transmission or email with receipt confirmation.
  28. All principals of a company trust or partnership are required to sign a personal guarantee.
  29. All guarantors shall be jointly and severally liable for performance of all of the terms, covenants, and conditions of our agreements.
  30. You and the guarantors jointly and severally authorise us to exchange information about the creditworthiness of either yourself or the guarantors with any credit reporting agency at any time during the term of the agreement.
  31. The laws of the State of Queensland govern these terms of trade.
© Cre8 Sound & Design 2017
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