Terms and Conditions
The following Terms and Conditions of Sale are hereby agreed between PMA Global Pty Limited l Pty Ltd, hereafter referred to as “PMA” and the Applicant named in any quotation for the supply of goods and / or services, hereafter referred to as ‘The Customer’.
- The Customer may be accepted by PMA for provisions of goods and services to the Customer. There is no obligation for PMA to accept this Application.
- PMA may need to disclose to a credit reporting agency, information about the Customer when assessing this application for a credit account and in managing the Customer’s account. The Customer authorises PMA to disclose such information to a credit reporting agency for these purpose and to obtain a consumer credit report regarding the Customer or to allow the credit reporting agency to create or maintain a credit provider, debt collection agency or other party for the purpose of assessing the Customer’s credit worthiness or to collect any overdue payments. PMA will handle the Customer’s personal information in accordance with relevant laws. The Customer’s execution of this Application indicates its consent to the collection, use and disclosure of information as indicated above.
- The price of goods shall be the invoice price.
- The terms of payment shall be thirty (30) days from the end of month of invoice. PMA may immediately and without notice suspend the supply of goods and services to the Customer in the event of the Customer’s credit account becoming overdue beyond these terms of payment.
- Claims for short delivery or damaged goods must be made by the Customer within seven (7) days of delivery. The Customer acknowledges that failure to comply with this condition shall be an acceptance by the Customer of the goods and the Customer will be precluded from claiming that the goods are not in accordance with the order or damaged.
- Upon delivery, the goods shall be at the entire risk of the Customer to the intention that the Customer shall indemnify PMA in relation to any loss or damage occasioned thereto after such delivery. The ownership of the goods shall not pass to the Customer until the Customer has paid the invoice in full.
- Ownership in the goods held by the Customer (including and without limitation, in the storage procured by the Customer) are the property of PMA and the goods are at the Customers Insurable Risk. The Customer accepts full insurance for the goods full insurable value whilst stored by the Customer. The Customer must provide PMA with reasonable access to the goods stored in accordance with these Terms and Conditions. PMA claims the rights and entitlements of the Romalpa precedent in respect to retention of title. Title to the Goods shall remain vested in PMA and shall not pass to the Customer until the purchase price for the Goods has been paid in full and received by PMA.
- Should the Customer default in making any payment in accordance with the Terms and Conditions of Credit then all money due shall immediately become due and payable. The Customer may be charged interest at a rate of up to base plus five per cent (5%) per annum on all overdue amounts for the due date for payment until the date of actual payment. The five per cent (5%) is representative of liquidated damages and is not a penalty.
- In the event that the Customer defaults in payment, the Customer acknowledges that PMA can proceed against the Customer in a court of law to recover the debt and the Customer indemnifies PMA for any or all costs legal or otherwise incurred by PMA in recovering the debt.
- Credit may be withdrawn by PMA at any time without notice. In the event that credit is withdrawn by PMA all money owing including debt agency collection fees becomes immediately due and payable.
- The Terms and Conditions of Trade included in this Application are expressly incorporated into these Terms and Conditions and shall apply in respect to all goods and services provided. The Terms and Conditions of Credit will override the Terms and Conditions of Trade to the extent of any inconsistency. This is irrespective of whether the Customer replies back with their standard Terms and Conditions. For the avoidance of doubt, it is always intended that these Terms and Conditions prevail when dealing with the Customer, unless expressly agreed otherwise.
- Should any changes take place affecting the legal entity, structure or management control of the Customer’s business, PMA must be notified immediately.
The applicant certifies all the information above is true and complete at the date lodged, and no adverse circumstances are likely to influence the decision to extend credit are known to the Applicant; furthermore submission on this application is deemed to be an acceptance of PMA’s Terms and Conditions specified herein.