Terms And Conditions
Packing, Damage or Loss in Transit
CNW uses every care in packing but, unless otherwise agreed, shall not be liable for any loss or damage in transit, and any claim in relation to such loss or damage shall not be accepted by CNW and shall be a matter between the purchaser and the railway, shipping company or carrier. The purchaser shall inspect and check all goods received as soon as practicable upon unloading. No claim for shortage of goods shall be made to CNW after forty eight (48) hours of such inspection, and while CNW shall endeavour to rectify any shortage as soon as practicable after receipt of any claim, it shall not be liable in respect of such rectification.
Packing, Damage or Loss in Transit
CNW shall be under no obligation to comply with any specification or drawings referred to in any order unless such specifications or drawings have been produced to CNW prior to delivery of goods and signed by CNW. Otherwise CNW does not warrant nor represent that the goods are fit for a particular purpose and the purchaser agrees that it does not rely on the skill and judgment of CNW in relation to the suitability of the goods for a particular purpose. All such warranties are hereby excluded to the maximum extent permitted by law.
All goods sold shall be at the risk of the purchaser from the time of dispatch of the goods by CNW for delivery to the purchaser and the purchaser shall be solely responsible for insuring the goods in transit.
CNW may at any time suspend or vary any credit extended to the purchaser or withhold the delivery of goods or services already ordered as CNW in its sole and absolute discretion determines.
Default of Purchaser
The purchaser expressly agrees that if the purchaser fails to pay CNW the invoiced price of any goods and services by the due date for payment, then CNW:shall have the immediate right to bring an action against the purchaser for payment of the invoice price of the said goods and services, notwithstanding that ownership and property in the said goods and services shall not have passed to the customer;may refuse to supply any other goods and services to the purchaser; may claim the return of any goods in the possession of the purchaser where title in such goods has not passed to the purchaser;may determine the contract and/or suspend manufacture or delivery, installation, commissioning or testing of any goods then outstanding; may retain any security given or money paid by the purchaser or available through enforcement of guarantee or security bonds lodged and may apply such security or money against the loss and damages incurred by the failure of the purchaser to pay; may withdraw or vary any credit extended to the purchaser without notice to the purchaser;may without notice make all moneys owing by the purchaser to CNW on any account immediately due and payable;may take such steps as it deems necessary to mitigate any damage suffered including the putting to use, hiring out, sale or disposal of any goods in its possession supplied or to be supplied to the purchaser; andmay charge interest on overdue accounts at the rate not exceeding the standard overdraft rate offered by the Commonwealth bank of Australia on the day of calculation.
Retention Of Title
(i)The legal and equitable title in the goods will only pass to the purchaser when all moneys owing by the purchaser to CNW on any account whatsoever have been paid in full. Pursuant to the terms of and as defined by the Personal Property Securities Act 2009 (Cwth,)("PPSA") the purchaser grants to CNW a security interest in the goods to secure payment of the moneys owing which is a purchase money security interest to the extent to which it secures payment of such moneys owing and consents to CNW registering this security interest under the PPSA and waives any right to receive notice of such registration. The purchaser must not do or permit anything to be done which may result in the purchase money security interest granted to CNW ranking in priority behind any other security interest. (ii) Until such payment in full, the purchaser acknowledges that the goods are held by the purchaser as bailee for CNW and that a fiduciary relationship exists between CNW and the purchaser in relation to the goods, which must be stored separately as a fiduciary of CNW in good condition and in such a way which clearly indicates the ownership of CNW in the goods. (iii) While CNW retains title in the goods the purchaser shall not bail, pledge, mortgage, charge, obtain or grant a lien over, lease or assign by any other way the goods or any security in the goods. (iv) The purchaser irrevocably authorises CNW by its servants or agents to enter to enter upon any site where the goods are located to take possession of the goods without any prior notice or for any purpose connected with or in relation to the protection or enforcement of the rights of CNW to the goods. (v) The purchaser shall be liable for the payment of all costs, charges and expenses incurred by CNW on a full indemnity basis (including legal costs, repossession costs and the cost of any mercantile agent) in the recovery or attempted recovery of the goods or of payment of any moneys owing by the purchaser to CNW or in the protection or enforcement of its rights in relation to the goods. (vi) To secure payment of all moneys which may become payable by the purchaser to CNW on any account whatsoever the purchaser hereby charges with the due payment of all moneys payable by the purchaser to CNW all of the purchaser's beneficial interests in freehold or leasehold property held by it now or in the future as security for payment of all and any moneys payable by the purchaser to CNW and consents to CNW lodging a caveat or caveats noting its interest in such property, and upon demand by CNW the purchaser agrees to immediately execute a mortgage or other instrument in terms satisfactory to CNW to further secure payment of such moneys. The purchaser hereby and by way of security irrevocably appoints every officer and legal practitioner of CNW jointly and each of them severally as the purchaser's lawful attorney with the power and for the purpose of executing (including as a deed) a mortgage or other instrument of security in any form as determined by such attorney over any real property of the purchaser to secure such moneys.
If the purchaser disputes any charge appearing on an invoice then the purchaser shall give written notice of such dispute to CNW immediately upon receipt of invoice and shall pay all other charges not in dispute on the invoice pending an investigation of the dispute.
Opening a Trading Account
IT IS AGREED: By signing the application form the applicant certifies that the information supplied to CNW for the purpose of assessing the suitability for providing the applicant with a 30 Day Credit Facilities is correct at time of writing, and is authorized on behalf of the applicant to make this application and contract on behalf of the applicant and give the warranties outlined in this application.
CNW reserves the right to withdraw credit facilities at any time without notice.
The Purchaser will be liable for any costs incurred in enforcing payment of the account.
Should the amount owing under the credit facility at any time exceed the limit mentioned on this application,
CNW reserves the right to suspend credit facilities until such time as the amount outstanding is reduced below the limit established.
Terms are strictly 30 DAYS from Statement date, i.e. Purchases made during one month are due and payable by the 30th day of the following month. Failure to pay within these terms could result in suspension of Credit Facilities until ALL outstanding amounts are paid in FULL.
CNW reserves the right to charge interest on overdue amounts at the rate not exceeding the standard overdraft rate offered by the Commonwealth Bank on the day of calculation. Such interest if applied shall be charged direct to your account.
All goods shall be sold in accordance with the “STANDARD TERMS AND CONDITIONS” as outlined on the purchase invoice.
Should any changes take place affecting the legal entity, structure or management control of the applicant, then CNW will be notified immediately in writing.That unless otherwise stated in this application, the applicant declares that is not structured on a trusteeship involving discretionary, unit or family trusts
Notice of disclosure of your credit information to a credit reporting agency
Under Section 18E (8) (c) of the Privacy Act CNW is allowed to give a credit reporting agency personal information about the applicant’s credit application. The information which may be given to an agency is covered by Section 18E (1) of the Act and includes:
- Identity particulars (as permitted by the Privacy Commissioner’s determination issued under s.18E(3));
- The fact that the applicant has applied for credit and the amount;
- The fact that CNW is a current credit provider to the applicant;
- Payments which become overdue more than 60 days, and for which collection action has commenced;
- Advice that payments are no longer overdue;
- Cheques drawn by the applicant which have been dishonored more than once;
- In specified circumstances, that in the opinion of CNW the applicant has committed a serious credit infringement
- That credit provided to the applicant by CNW has been paid or otherwise discharged.
The jurisdiction for any legal claim arising from any default will always remain in the State of Queensland.
Costs associated with the collection of any overdue account will be the responsibility of the credit applicant.
If CNW considers it relevant to assessing any application for commercial credit, CNW may obtain from a credit reporting agency a credit report containing personal information about the applicant in relation to commercial credit provided by CNW
Your Credit Limit
To help manage your account, for future transactions, CNW reserves the right to reassess customer’s credit limit at any time for reasons such as outstanding balance exceeding the current limit currently in place or payments received outside our terms and conditions. It is agreed for CNW to assess the account at any time to change credit limit if needed without authorisation based on trading history.