Terms & Conditions
Application for credit
Credit accounts are available to customers who wish to trade with ROADYS.COM.AU
- Do not sign this application for credit unless you understand and agree to the terms and conditions of credit and sale.
- Please note: breaking this agreement can have serious legal and financial consequences for the applicant business and all its directors, partners, and proprietors.
Terms and conditions of credit and sale
In the following ‘The Buyer’ means the individual, partnership, or corporation to whom credit may be granted.
‘The Seller’ means ROADYS.COM.AU ABN 49 329 964 075
By completing this credit application, you agree that:
- Your account will be settled at 30 days. We must receive your payment by the last working day of the month after the month of invoice. Any variation must be agreed to in writing.
- A default charge of 0.06% per day may be applied for late payments.
- You are liable for debt collection and legal costs. You must pay any dishonoured cheque fees associated with cheques received by us in payment of your account. You must pay any collection, legal or other costs we incur if your account is in default.
- The goods remain the property of ROADYS.COM.AU until they are paid for. Goods supplied to you remain our property until we receive payment for all amounts you owe us. If your account is in default we have the right to enter your premises (or the premises of any associated company or agent) to retake possession of the goods, or if you sell products using the goods, then you must keep the proceeds of the sale in a separate, identifiable account until we have been paid in full.
- The customer covenants that the information provided in this Application is true and correct.
- You will notify us of any changes in your details. You must notify us in writing if there is any change to the details given on this credit application form.
- We may withdraw credit at any time. We may change these terms of credit if we give you written notice of the change.
- We may change these terms. We may change these terms of credit if we give you written notice of the change.
- The price will be the price quoted prior to delivery plus freight and handling unless agreed to in writing. All prices quoted are Tax Exclusive and are subject to 10% GST.
- Goods are at the buyers risk from the moment of delivery.
Warranties and representations
We make no warranties or representation about goods offered for sale other than warranties contained in these terms of sale. We warrant only that goods offered for sale will be generally similar to other goods of the same description. You accept that any particular delivery of goods may vary slightly from goods of the same description delivered on a different occasion.
To the fullest extent permitted by law, all terms, conditions, and warranties, statutory or otherwise, not expressly provided in these terms of sale, are excluded.
To the extent that:
- Any term, condition, or warranty not expressly provided in these terms of sale cannot be excluded due to the provisions of section 68A of the trade Practices Act 1974 or any other statute and we breach such term, condition, or warranty, or
- You make a claim as provided below and we agree that the goods were damaged or defective at the time of delivery……our liability is limited to (at our option) replacing the goods or crediting you with the purchase price of the goods.
- Fact6, 69-77 Mark Anthony Drive, Dandenong, Vic 3175
- Phone: 03 970…
- Email: firstname.lastname@example.org
- Website: www.roadys.com.au
- ABN 49 329 964 075
Delivery – Any advice we give about the date of intended delivery is given subject to the goods ordered being available and the seller having the ability to affect delivery on that date.
The buyer must indemnify the seller against any claim for damages resulting from the entry of the seller’s delivery vehicle onto the delivery site.
Claims – We will consider a claim for credit if the claim relates to
- An error on our part in delivery or invoicing, or
- Significant defects or damage.
The buyer must tell us about a claim by phone within 48hours of the delivery and in writing within seven days. The seller is not liable for any loss or damage the buyer suffers as a result of the seller’s failure or delay in performing the contract due to reasons beyond the seller’s control.
The applicant (the buyer) acknowledges as follows:
Terms of credit – The buyer has received the terms of credit which were attached to this application. The buyer agrees to the terms of credit. The buyer agrees to pay by the last working day of the month after the month of invoice.
Terms of sale – The buyer has received the terms of sale which were attached to this application. The buyer agrees to the terms of sale.
Retention of title – The buyer agrees that any goods the buyer receives remain the property of ROADYS.COM.AU until full payment is made.
Duty of Disclosure – The buyer is not aware of any information, notice or court proceedings that may lead to bankruptcy, appointment of an administrator, controller or managing controller, receiver or receiver manager or liquidator. The buyer does not intend to enter into any scheme of arrangement with creditors either formally through a court or otherwise. None of the directors, partners or proprietors has been a director of a company placed in liquidation or has been declared bankrupt or has entered into an arrangement under the bankruptcy Act 1966 (as amended).
Privacy Act – The buyer grants authorisation to ROADYS.COM.AU to obtain from a credit reporting agency details of your personal and commercial credit information if required by ROADYS.COM.AU for the purpose of assessing this application for credit.
Use of information – The buyer acknowledges and agrees that information about transactions under these terms of credit may be used by ROADYS.COM.AU or it’s subsidiaries of related companies for marketing purposes.
Signatures – The signatory is authorised to make this application and that the signing of this application is done without undue pressure or unfair tactic.