Terms & Conditions of Credit

Terms and conditions of credit agreement between

and

First Class Crew Pty Ltd , ABN: 122 416 120 (herein referred to as “FCC”)

Herein the two parts will be referred to as the “Parties”.

I, the Customer, hereby agree to the following credit terms and conditions in connection with my application for credit terms from FCC. I, the Customer, agree as follows:

1. Whole agreement and acceptance

  1. The Customer agrees to the terms and conditions:
    1. Represent the entire agreement between the Customer and FCC and that no alterations or additions to them may be effected unless agreed to by both parties, reduced to writing and signed by the Customer and a duly authorised representative of FCC;
    2. Will, in the absence of any other agreement, govern all future contractual relationships between the parties;
    3. are applicable to all existing debts between the parties;
    4. are final and binding and are not subject to any suspense or dissolutive conditions;
    5. expressly exclude any conflicting terms and conditions stipulated by the Customer;
    6. supersede all previous terms and conditions of sale without prejudice to any securities or guarantees held by FCC;
    7. apply to all employees, representatives and subcontractors of FCC.
  2. Should the Customer be granted an account at FCC such account is personal to the Customer and is for the sole and exclusive use of the Customer to whom it was granted and the Customer may under no circumstances allow any third party to use such account facility from FCC.
  3. These terms and conditions become final and binding on receipt of the acceptance by FCC at its business address.

2. Personal guarantee, co-indebtedness, representations, suitability, modifications and alternatives

  1. The signatory hereby binds himself/herself in his/her personal capacity as director (in the case of a company), or owner or partner as co-debtor jointly and severally for the full amount due to FCC and agrees that these terms and conditions will apply to him/her.
  2. The Customer acknowledges that it does not rely on any representations made by FCC in regard to the goods and services or any of its qualities leading up to this agreement other than those contained in this agreement. All rates, estimates and other technical data furnished by FCC in respect of the goods or services verbally or in writing will not form part of the agreement in any way unless agreed to in writing by FCC.
  3. The Customer agrees that neither FCC nor any of its employees will be held liable for any innocent misrepresentations made to the Customer.
  4. It is the sole responsibility of the Customer to determine that the services ordered are suitable for the purposes of intended use.
  5. The Customer agrees to pay all costs resulting from any acts or omissions of the Customer including suspension of work, modification of requirements, failure or delay in giving particular authority to enable work to proceed on schedule or requirements that work be completed earlier than agreed.

3. Estimates

  1. All estimates are subject to correction of bona fide errors by FCC and the prices quoted are subject to any increases due to job delays,

4. Delivery, risk, repair, credit return policy

  1. The Customer hereby confirms that the services on the invoice issued duly represent the services ordered by the Customer at the prices agreed to by the Customer.
  2. Notwithstanding the provisions of section 4.1 above, all orders or variations to orders, whether verbal or in writing, shall be binding and subject to these standard terms and conditions of sale and may not be cancelled.
  3. FCC shall be entitled to invoice separately each job according to the booking week (Monday to Sunday).

5. Payment

  1. The Customer agrees that the amount contained in an invoice or tax invoice issued by FCC shall be due unconditionally within the granted credit period (14 days) as specified on the Application for credit from the date of an invoice or tax invoice being issued by FCC.
  2. The Customer agrees to pay the amount on the invoice or tax invoice by direct credit banking unless otherwise agreed to by a representative of FCC.
  3. The Customer has no right to withhold payment for any reason whatsoever and agrees that no extension of payment of any nature shall be extended to the Customer and any such extension will not be applicable or enforceable unless agreed to by FCC, reduced to writing and signed by the Customer and a duly authorised representative of FCC.
  4. The Customer is not entitled to set off any amount due to the Customer by FCC against this debt unless agreed to by a duly authorised representative of FCC.
  5. Cheques will only be accepted as a means of payment if prior written arrangements have been made with FCC management, but the risk of payment by cheque through the post shall remain with the Customer.
  6. The Customer shall be liable for any fees incurred by FCC with regard to dishonoured cheques.

6. Evidence and interest

  1. The Customer agrees that the amount due and payable to FCC may be determined and proven by a certificate issued and signed by any independent auditor. Such certificate shall be binding and shall be prima facie proof of the indebtedness of the Customer.
  2. Any printout of computer evidence tendered by any party shall be admissible evidence and no party shall object to the admissibility of such evidence purely on grounds that such evidence is computer evidence or that the requirements of the Computer Evidence Act have not been met.
  3. The Customer agrees that in the case of late payment, interest shall be payable to FCC on the overdue monies which shall be calculated at the current Penalty Interest rate as set by the Interest Rates Act 1983 (Vic).

7. Remedies

  1. The Customer agrees that if an account is not settled in full within the period agreed in clause 5.1 above, FCC is:
  2. A credit approved customer will forthwith lose this approval when payment is not made according to the conditions of 5.1.
    1. FCC reserves the right to charge an additional Administration fee of $50 per month for invoices unpaid after 30+ days until the invoice is paid, unless otherwise agreed upon with an authorised representative of FCC
    2. Entitled to institute action immediately against the Customer at the sole expense of the Customer; or
    3. To cancel the agreement and claim damages.These remedies are without prejudice to any other right FCC may be entitled  to in terms of this agreement or in law. FCC reserves its right to stop supply immediately on cancellation or on non-payment.
  3. In the event of cancellation, the Customer may be liable to pay:
    1. $50 Administration fee for orders cancelled within 12 hours before the commencement of the work. (At the discretion of a representative of FCC)

8. Legal expenses and jurisdiction

  1. The Customer shall be liable to FCC for all legal expenses on the attorney-and-own client scale of an attorney and counsel incurred by FCC in the event of:
    1. Any default by the Customer; or
    2. Any litigation in regard to the validity and enforceability of this agreement.
  2. The Customer consents to FCC instituting any action in either the Magistrate’s Court or the High Court at its sole discretion.
  3. This agreement and its interpretation are subject to Australian law.

9. General

  1. Office Hours – 8am to 8pm Monday to Friday
  2. Faxes and Emails:
    1. FCC will receive faxes and emails at any time but will not act on them outside normal office hours.
  3. Emergency Contact: FCC may be contacted at any time for purposes of amending work times, locating  crew members and informing of injury or accident to FCC Crew members.
  4. Administration Fees of $50 may be charged for:
    1. Bookings made outside normal office hours (At the discretion of a representative of FCC)
    2. Bookings made within 12 hours before the commencement of the work. (At the discretion of a representative of FCC)
  5. The Customer undertakes to inform FCC in writing within 7 (seven) days of any change of director, member, shareholder, owner or partner or address or 14 (fourteen) days prior to disposal of the Customer’s business and failure to do so will constitute a material breach of this agreement.
  6. FCC reserves its right to renew its pricing structure in accordance with market, economic and other relevant circumstances.
  7. Shift Bookings that End Before their Booked Time:
    1. For long shift bookings (6 hours and greater) where the actual ends time is under three quarters of the booked time, the invoice amount to the customer will be three quarters of the booked time.
  8. Any order is subject to cancellation if the Customer breaches any term of this agreement or makes any attempt of compromise, liquidation, sequestration, termination or judgment is recorded against the Customer or any of its principals.
  9. The Customer agrees that termination of agreement with FCC will not limit any other rights FCC may have including the right to be paid for outstanding invoices.
  10. If the Customer purports to terminate and agreement between FCC and the Customer, FCC shall be entitled to 100% of the invoice price or if an invoice has not been rendered the quoted price.
  11. Transport Charges: 9.11.1 FCC may charge a travel fee per Crew Member on each occasion that a Crew Member is required to attend a site that is not within the CBD or its surrounding suburbs. A travel quote will be supplied in these instances.
    1. FCC may charge a $25 fee per Crew Member on each occasion that a Crew Member is required to transport themselves from one Worksite to another Worksite whilst working on the same shift.

10. E-commerce

If services are purchased through any FCC web site or other e-commerce process, then (without limiting the foregoing) the following terms and conditions also apply:

  1. The Customer must ensure that any password is safeguarded and the Customer hereby agrees that he will be bound by all orders made by any person using such password.
  2. Unless FCC is advised otherwise, every order placed by the Customer, is an instruction to FCC to process that order in accordance with the most recent Customer details contained in FCC records.
  3. All orders must be accompanied by payment using the Customer’s FCC account. Acceptance by FCC of any order is subject to authorisation of the transaction by the relevant representative of FCC or the Customer’s account not being in arrears.
  4. FCC has endeavoured to ensure that all sites and access points are secure. However, FCC accepts no liability for any misuse of information transmitted to or from these sites and/or access points by any unauthorised person.
  5. Should the Customer be granted access to FCC documents, process, information, calculators or materials (“Information”) such access shall be non-exclusive, non-transferable, limited license to access, download and use such information for the Customer’s internal purposes only. The Customer may not, without FCC express prior written permission:
    1. Modify the materials or use them for any commercial purpose or any public display, sale or rental;
    2. Remove any of FCC’s copyright or other proprietary notices from the materials;
    3. Sell or transfer the materials to any other party. FCC may terminate this license at any time if the customer violates any of the terms hereof and, upon any such termination, the Customer shall immediately destroy any materials in its possession or control. TheCustomer hereby indemnifies and holds FCC harmless from any claims, damages, losses, costs and expenses, including legal fees which FCC, its employees, agents or representatives may incur as a result of the Customer’s use or dissemination of any materials in violation of any term or condition contained herein.
  6. All information within any FCC site is the property of and is owned solely by FCC and/or its affiliates, suppliers, advertisers, or agents or sponsors. Except for a single copy made for personal use only, the Customer may not reprint, republish, resell or redistribute these materials in any form or manner without the express written permission of the owner(s) of the material which may be protected from copying by national and international copyright laws and treaties. FCC does not warrant or represent that the use by the Customer of materials displayed on, or obtained through, any FCC site will not infringe the rights, including intellectual property rights, of third parties.

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