Invoicing terms and conditions
These terms and conditions apply to each and every transaction between claudesign ABN 27 902 944 142 (“claudesign”) and the customer (“Customer”) on and from the date hereof. These terms and conditions are incorporated by reference into each tax invoice, unless varied by agreement between the parties, which variation shall be recorded in writing (“Tax Invoice”).
WHEREAS:
claudesign agrees to supply the goods and/or services described on each particular Tax Invoice to the Customer (“the Goods” and/or “Services”).
The Customer agrees to buy the Goods and/or Services on the terms and conditions herein contained.
NOW THESE TERMS AND CONDITIONS PROVIDE AS FOLLOWS:
The price is the amount invoiced for the Goods supplied or for Services provided, or both.
In respect of the Goods hereby supplied to the Customer and unless and until you have paid claudesign in full for such Goods, then all legal, beneficial and/or equitable title and ownership to the Goods at all times remains with claudesign.
Unless otherwise stated, the Customer must make full payment to claudesign within fourteen (14) days from the date of issue of Tax Invoice(s) for the Goods supplied and/or Services provided.
The Customer must pay claudesign for all Goods supplied and/or Services provided on or before the due date stated in the Tax Invoice or as agreed between the parties.
Notwithstanding any dispute regarding the quality, quantity or condition of the Goods supplied and/or Services provided, the Customer must make due and full payment for the Goods supplied and/or Services provided and is not be entitled to deduct any monies by way of set-off or counterclaim or otherwise. Receipt by claudesign of a cheque or other bill of exchange or promissory note will not be deemed payment until it is honoured or cleared.
A Tax Invoice issued by claudesign shall be due and payable within fourteen (14) days from the date of issue of the Tax Invoice (“Default Date”). Without prejudice to any other rights of claudesign, the Customer may be charged interest at the rate for the time being fixed from time to time by the Supreme Court of NSW. Interest shall be calculated on a daily basis from the Default Date to the date of payment.
The Customer hereby agrees and accepts that after the Default Date, all costs, expenses and disbursements incurred by claudesign in pursuing the Customer for payment of the monies owed the subject of this invoice, and any other monies arising from time to time (including but without limitation, debt collection agency fees, legal costs calculated on a solicitor and own client basis) may be recovered by claudesign from the Customer as a liquidated debt in a court of competent jurisdiction.
Credit will only be granted at the sole discretion of claudesign and upon submission of a completed credit application form. Any credit granted may be revised by claudesign at any time and at its discretion.
claudesign reserves the right to withdraw any credit facility upon any breach by the Customer of these terms and conditions or upon the Customer ceasing to trade and/or being subject to any legal proceedings and/or the Customer committing an act of insolvency. The Customer agrees that upon such withdrawal, any and all monies owing on the account shall become immediately due and payable.
In the event the Goods and/or Services have been supplied by claudesign to the Customer under an existing credit application that the Customer have with claudesign, then the terms of that application shall additionally apply and in the event of any inconsistency, the terms and conditions of the application shall prevail.
