1. Customers will be charged GST in accordance with the Australian GST Acts as required by law.
  2. Payment is due no later than 30 days from the last day of month in which the goods are invoiced. Outstanding balances that remain unpaid past 60 days of payment due date may incur finance charges. In cases of payment by cheque, payment shall not be deemed to have occurred by Lithium-Ion Fire Protection (hereafter referred to as “Lithium-Ion Fire Protection”) until the cheque has been honoured.
  3. Retention of Title
  1. Until full payment in cleared funds is received by Lithium-Ion Fire Protection for all goods supplied by Lithium-Ion Fire Protection to the Customer, as well as all other amounts owing to Lithium-Ion Fire Protection by the Customer on any account. Legal title and property in all goods supplied by Lithium-Ion Fire Protection to the Customer remain vested in Lithium-Ion Fire Protection and do not pass to the Customer; the Customer holds the goods as fiduciary agent and bailee for Lithium-Ion Fire Protection; the Customer must keep goods supplied by Lithium-Ion Fire Protection separate from other goods and maintain the labeling and packaging of Lithium-Ion Fire Protection so that those goods are readily identifiable as the property of Lithium-Ion Fire Protection, however failure to comply with these requirements will not affect Lithium-Ion Fire Protection’s title and property to the goods; the Customer must not sell goods supplied by Lithium-Ion Fire Protection except in the ordinary course of the Customer’s business;
  2. The Customer will hold the proceeds of any sale of the goods on trust for Lithium-Ion Fire Protection in a separate account into which no other monies shall be paid, however failure to deposit the proceeds of a sale into a separate account or to keep those monies separate will not affect the Customer’s obligation to deal with the proceeds as trustee of the proceeds for Lithium-Ion Fire Protection. The proceeds of the sale of goods supplied will be held on trust for Lithium-Ion Fire Protection until actual payment of the proceeds is made to Lithium-Ion Fire Protection;
  3. If at any time the Customer fails to pay any money when due, or Lithium-Ion Fire Protection has reason to believe that the Customer is insolvent or has or is likely to appoint a receiver, liquidator, administrator or like officer to it or its property, Lithium-Ion Fire Protection may without notice, enter any premises where it suspects the goods may be located and remove them without committing a trespass, notwithstanding that they may have been attached to other goods or land nor the property of Lithium-Ion Fire Protection, and for this purpose the Customer irrevocably licenses Lithium-Ion Fire Protection to enter such premises and also indemnifies Lithium-Ion Fire Protection from and against all costs, claims demands or actions by any party arising from such action.
  4. In purchasing goods or applying for credit, customers / potential customers acknowledge and agree to the terms and conditions of the Privacy Act of 1988 and all current amendments, thus allowing Lithium-Ion Fire Protection access to their commercial and consumer credit reporting for the purpose of credit assessment. Credit is at the discretion of Lithium-Ion Fire Protection and may be revoked at Lithium-Ion Fire Protection’s discretion without notice.
  5. Goods found to be faulty due to faulty material or workmanship will be replaced free of cost after inspection by Lithium-Ion Fire Protection. All other returns will be for credit only, as long as they meet the following conditions: product must be in excellent condition and Lithium-Ion Fire Protection must be notified (via email of fax) within 21 days of invoice date. Invoice or delivery docket number and date must accompany the request for return.
  6. These conditions shall be governed and construed in accordance with the laws of New South Wales. Any proceedings against Lithium-Ion Fire Protection must be brought in the State of New South Wales within (6) months from the date of invoice.
  7. Guarantee and Indemnity
    • a. The Guarantor will guarantee the full and punctual performance by the customer of its obligations to Lithium-Ion Fire Protection, including without limitation the payment of all amounts owing by the customer to Lithium-Ion Fire Protection from time to time and will indemnify Lithium-Ion Fire Protection against any damage suffered by Lithium-Ion Fire Protection as a result of the Customer failing to perform any obligation fully and punctually.
    • b. The guarantee provided by the Guarantor continues in full force and effect so long as any obligation of the customer remain to be performed, notwithstanding any granting of time or other indulgence allowed to the customer.