General Terms and Conditions of Trade

General Terms and Conditions of Trade

1. Goods/Services
1.1 The Goods/Services shall be as described on any invoices, quotation, work authorization, or any other forms which are provided by NK2IT to the Customer.

 

2. Price and Payment
2.1 The Price shall be as indicated on invoices provided by NK2IT to the Customer in respect of the Goods/Services supplied.
2.2 Time for payment for the Goods/Services shall be of the essence and will be stated on the invoice, quotation, or any other order forms. If no time is stated, then payment will be cash on delivery.
2.3 Unless otherwise stated the Price does not include GST. In addition to the Price the Customer must pay to NK2IT an amount equal to any GST NK2IT must pay for any supply by NK2IT under this or any other agreement for the sale of the Goods/Services. The Customer must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Customer pays the Price. In addition, the Customer must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.

 

3. Default & Consequences of Default
3.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at NK2IT’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
3.2 If the Customer owes NK2IT any money the Customer shall indemnify NK2IT from and against all costs and disbursements incurred by NK2IT in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, NK2IT’s contract default fee, and bank dishonor fees).

 

4. Privacy Act 1988
4.1 The Customer agrees for NK2IT to obtain from a credit reporting body (CRB) a credit report containing personal credit information (e.g. name, address, D.O.B, occupation, previous credit applications, credit history) about the Customer in relation to credit provided by NK2IT.
4.2 The Customer agrees that NK2IT may exchange information about the Customer with those credit providers and with related body corporates for the following purposes:
(a) to assess an application by the Customer; and/or
(b) to notify other credit providers of a default by the Customer; and/or
(c) to exchange information with other credit providers as to the status of this credit account, where the Customer is in default with other credit providers; and/or
(d) to assess the creditworthiness of the Customer including the Customer’s repayment history in the preceding two years.
4.3 The Customer consents to NK2IT being given a consumer credit report to collect overdue payment on commercial credit.
4.4 The Customer agrees that personal credit information provided may be used and retained by NK2IT for the following purposes (and for other agreed purposes or required by):
(a) the provision of Goods; and/or
(b) analyzing, verifying and/or checking the Customer’s credit, payment and/or status in relation to the provision of Goods; and/or
(c) processing of any payment instructions, direct debit facilities and/or credit facilities requested by the Customer; and/or
(d) enabling the collection of amounts outstanding in relation to the Goods.
4.5 NK2IT may give information about the Customer to a CRB for the following purposes:
(a) to obtain a consumer credit report.
(b) allow the CRB to create or maintain a credit information file about the Customer including credit history.
4.6 The information given to the CRB may include:
(a) personal information as outlined in 4.1 above.
(b) name of the credit provider and that NK2IT is a current credit provider to the Customer.
(c) whether the credit provider is a licensee.
(d) type of consumer credit.
(e) details concerning the Customer’s application for credit or commercial credit (e.g. date of commencement/termination of the credit account and the amount requested).
(f) advice of consumer credit defaults, overdue accounts, loan repayments or outstanding monies which are overdue by more than sixty (60) days and for which written notice for request of payment has been made and debt recovery action commenced or alternatively that the Customer no longer has any overdue accounts and NK2IT has been paid or otherwise discharged and all details surrounding that discharge(e.g. dates of payments);
(g) information that, in the opinion of NK2IT, the Customer has committed a serious credit infringement.
(h) advice that the amount of the Customer’s overdue payment is equal to or more than one hundred and fifty dollars ($150).
4.7 The Customer shall have the right to request (by e-mail) from NK2IT:
(a) a copy of the information about the Customer retained by NK2IT and the right to request that NK2IT correct any incorrect information; and
(b) that NK2IT does not disclose any personal information about the Customer for the purpose of direct marketing.
4.8 NK2IT will destroy personal information upon the Customer’s request (by e-mail) or if it is no longer required unless it is required in order to fulfil the obligations of this agreement or is required to be maintained and/or stored in accordance with the law.

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