Terms & Conditions of Trade

FXBCSC Pty Ltd trading as Sunshine Coast Business Solutions will be referred to hereafter as FXBCSC. Any reference to We, Us, Our or Ours will refer to FXBCSC.

The Customer whose name and address appears on the application will be referred to hereafter as the Customer. Any reference to You, Your or Yours will refer to the Customer.

Goods describes such items including but not limited to parts and consumables whether provided under the terms of this Agreement or charged for at time of order and/or delivery to the Customer.

Services describes any labour component provided under the terms of this Agreement or charged for upon performance for the benefit of the Customer.

Terms & Conditions of Trade

The agreement, which constitutes the whole agreement between FXBCSC and the Customer, is not assignable or transferable and is subject to the following conditions:

1. TRADE ACCOUNT
   1. You are supplying the information contained in this form for the sole purpose of obtaining a commercial trade account with FXBCSC.
   2. You authorise FXBCSC to make enquiries of any trade references supplied, or other credit references appropriate to this application, as to Your credit worthiness in support of this application and subsequently in support of future trading; in doing so You acknowledge that any information in this application or concerning Your account status may be disclosed in accordance with FXBCSC’s Privacy Policy.
   3. If the account is granted, You undertake to pay all amounts invoiced to You within the account trading terms advised in this application and on all FXBCSC invoices.
   4. You also acknowledge FXBCSC’s claim to ownership of all goods supplied until all monies owed by You are paid in full.
   5. Payments by cheque will not be considered received by Us until the cheque is cleared by Our bank.
   6. If any payment by You is dishonoured or reversed, You must pay Us an additional account processing fee of $40.00.
   7. An account settlement fee will be charged for payments made by credit card of up to 2% of the value for payments made by Visa or Mastercard. We cannot process other cards such as American Express or Diners Club.
   8. All purchases of software and equipment will be on a C.O.D. basis and not applicable to trading terms.
   9. These terms also apply to any work We perform, or additional service We provide to You on request, or any costs arising from the provision of services under a Maintenance Agreement.
   10. This entire clause survives termination or expiry of these terms and conditions.
2. OVERDUE ACCOUNTS
   1. You must pay Our invoices by each Due Date, which for the purpose of these terms is defined as the date following the last day of the payment term as agreed separately in writing, or where no separate agreement exists, the 14th day after the date of invoice.
   2. Any account which is not settled by the Due Date will attract a late payment fee equal to 2.5% of Your unpaid account, charged monthly until Your account is paid in full, beginning on the 60th day after the date of invoice.
   3. You agree that this late payment fee is a genuine pre-estimate of the loss We would suffer if You do not pay the invoice by the Due Date.
   4. Notwithstanding Your acknowledgement under clause 6, if the arrangements provided under this clause would otherwise constitute a credit contract as defined in the Consumer Credit Code, the time for payment of any overdue account is limited to a total period not more than 60 days from the date of invoice.
   5. Nothing in this clause imposes an obligation on Us to extend Our payment terms to You for any period at all and We will not dispatch any products nor accept any further orders You place with Us if Your account is outstanding beyond 60 days from the date of invoice.
   6. If You are in breach of any of Our terms and conditions You agree that You are also responsible for all Our expenses of any kind including Our legal costs and any commission or other expense incurred by any debt collection agency We retain to recover the monies You owe us.
   7. We may commence legal proceedings against You for the recovery of any account which is overdue by 90 days or more from the date of invoice.
   8. This entire clause survives termination or expiry of these terms and conditions.
3. CHANGES
   1. We may change the agreement at any time as permitted by law.
   2. Changes take effect at the time of posting to the FXBCSC website at https://www.scbusiness.com.au/terms-conditions-of-trade/.
   3. We will notify You of any major changes by email or post as necessary.
   4. If You do not agree to any of the changes made, You may terminate this agreement provided you have no outstanding monies owed to Us.
4. TERM
   1. FXBCSC may agree to the provision of a trade account for service charges and consumables, subject to the verification of the information supplied in this application and Your credit worthiness.
   2. Unless agreed otherwise Your account will be provided on 14 day trading terms.
5. TERMINATION
   1. Cancellation of the Agreement shall be by way of 30 days notice in writing by either party to the other.
   2. FXBCSC reserves the right to terminate this Agreement forthwith if
      1. the Customer is in breach of any of their obligations herewith and such breach remains unremedied for 14 days following notice by FXBCSC specifying breach, or
      2. the Customer remains under a notifiable event as specified in Clause 6 for more than 30 days.
   3. FXBCSC also reserves the right to terminate this Agreement immediately in the event that it remains unused for a period of more than 90 days.
6. CUSTOMER ACKNOWLEDGEMENT
   1. You acknowledge that:
      1. You are not an associate or related body corporate or related party or related entity of Ours (as defined in the Corporations Act 2001); and
      2. the Consumer Credit Code does not apply to these Terms and Conditions.
   2. It is Your responsibility to ensure that the contact details We have about You including Your address details are correct and up to date at all times.
   3. You must promptly notify Us of any change in Your contact details.
   4. If, at any time:
      1. You believe that You may not or may be unable to perform or comply with Your obligations under these Terms and Conditions;
      2. You are unable to pay Your accounts as they fall due for payment;
      3. You cease or threaten to cease to carry on business or are unable to pay Your debts as they fall due.
      4. a cheque or bill of exchange received from You is dishonoured;
      5. You are or become insolvent or You have an administrator appointed;
      6. Your Trade Account is overdue and is not settled within Our trading terms; or
      7. there is a material change or proposed change to Your business ownership,
   5. You agree that:
      1. You will immediately notify Us that one or more of the above notifiable events has occurred and You will keep Us notified on a monthly basis until such notifiable event no longer exists or is no longer relevant;
      2. We have no obligation to You to perform any Service and may cease to deliver to You any product You have purchased while a notifiable event exists;
      3. We may close Your Trade Account with us, and/or terminate any agreement relating to the supply of products or Services;
      4. We may request payment in advance for all products You have ordered from us; and
      5. We have no obligation to respond to any offer You make to purchase any of Our product while a notifiable event exists.
   6. For the purpose of these Terms and Conditions, You are insolvent if:
      1. a receiver or receiver and manager or an agent for a mortgagee in possession has been appointed over all of Your assets and undertakings;
      2. You have passed an effective resolution for Your voluntary winding-up or You have committed an act of bankruptcy;
      3. an order has been made by a Court of competent jurisdiction for You to be wound up;
      4. a compromise arrangement (excluding a voluntary administration) has been made legally binding on You and Your creditors;
      5. You have presented a debtor’s petition and it has been accepted by the Registrar in Bankruptcy;
      6. You have entered into a composition, deed of assignment or deed of arrangement under Part X of the Bankruptcy Act (or equivalent) with Your creditors; or
      7. a legally binding sequestration order has been made against Your estate.