Terms & Conditions
1.1 The Goods (including any incidental supply of services) shall be as described on
any invoices, quotation, work authorisation, or any other forms which are provided
by Advantage Bores (which shall mean Joshua Daniel Hills T/A Advantage Bores
& Reticulation Services) to the Customer.
2. Price and Payment
2.1 The Price shall be as indicated on invoices provided by Advantage Bores to the
Customer in respect of the Goods supplied.
2.2 Time for payment for the Goods 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 due seven (7) days following the date of the invoice.
2.3 The Price shall be increased by the amount of any GST and other taxes and
duties which may be applicable, except to the extent that such taxes are
expressly included in any quotation given by Advantage Bores.
3. Underground Locations
3.1 Prior to the Contractor commencing any work the Owner must advise the
Contractor of the precise location of all underground services on the site and
clearly mark the same. The underground mains & services the Owner must
identify include, but are not limited to, electrical services, gas services, sewer
services, pumping services, sewer connections, sewer sludge mains, water
mains, irrigation pipes, telephone cables, fibre optic cables, oil pumping mains,
and any other services that may be on site.
3.2 Whilst the Contractor will take all care to avoid damage to any underground
services the Owner agrees to indemnify the Contractor in respect of all and any
liability claims, loss, damage, costs and fines as a result of damage to services
not precisely located and notified as per clause 3.1.
4. Default and Consequences of Default
4.1 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 Advantage Bores’ sole discretion such interest
shall compound monthly at such a rate) after as well as before any judgment.
4.2 If the Customer owes Advantage Bores any money the Customer shall indemnify
Advantage Bores from and against all costs and disbursements incurred by
Advantage Bores in recovering the debt (including but not limited to internal
administration fees, legal costs on a solicitor and own client basis, Advantage
Bores’ collection agency costs, and bank dishonour fees).
4.3 Without prejudice to any other remedies Advantage Bores may have, if at any
time the Customer is in breach of any obligation (including those relating to
payment) under these terms and conditions Advantage Bores may suspend or
terminate the supply of Goods to the Customer. Advantage Bores will not be
liable to the Customer for any loss or damage the Customer suffers because
Advantage Bores has exercised its rights under this clause.
4.4 Without prejudice to Advantage Bores’ other remedies at law Advantage Bores
shall be entitled to cancel all or any part of any order of the Customer which
remains unfulfilled and all amounts owing to Advantage Bores shall, whether or
not due for payment, become immediately payable if:
(a) any money payable to Advantage Bores becomes overdue, or in Advantage
Bores’ opinion the Customer will be unable to make a payment when it falls
(b) the Customer becomes insolvent, convenes a meeting with its creditors or
proposes or enters into an arrangement with creditors, or makes an
assignment for the benefit of its creditors; or
(c) a receiver, manager, liquidator (provisional or otherwise) or similar person is
appointed in respect of the Customer or any asset of the Customer.
5.1 It is the intention of Advantage Bores and agreed by the Customer that:
(a) the ownership of Goods shall not pass until the Customer has paid
Advantage Bores all amounts owing to Advantage Bores; and
(b) the Customer has met all of its other obligations to Advantage Bores; and
(c) the Customer must not sell, dispose, or otherwise part with possession of the
Goods other than in the ordinary course of business and for market value. If
the Customer sells, disposes or parts with possession of the Goods then the
Customer must hold the proceeds of any such act on trust for Advantage
Bores and must pay or deliver the proceeds to Advantage Bores on demand.
6. Personal Property Securities Act 2009 (“PPSA”)
6.1 In this clause financing statement, financing change statement, security
agreement, and security interest has the meaning given to it by the PPSA.
6.2 Upon assenting to these terms and conditions in writing the Customer
acknowledges and agrees that these terms and conditions constitute a security
agreement for the purposes of the PPSA and creates a security interest in all
Goods that have previously been supplied and that will be supplied in the future
by Advantage Bores to the Customer.
6.3 The Customer undertakes to:
(a) promptly sign any further documents and/or provide any further information
(such information to be complete, accurate and up-to-date in all respects)
which Advantage Bores may reasonably require to;
(i) register a financing statement or financing change statement in relation
to a security interest on the Personal Property Securities Register;
(ii) register any other document required to be registered by the PPSA; or
(iii) correct a defect in a statement referred to in clause 6.3(a)(i) or 6.3(a)(ii);
(b) indemnify, and upon demand reimburse, Advantage Bores for all expenses
incurred in registering a financing statement or financing change statement
releasing any Goods charged thereby;
(c) not register a financing change statement in respect of a security interest
without the prior written consent of Advantage Bores;
(d) not register, or permit to be registered, a financing statement or a financing
change statement in relation to the Goods in favour of a third party without
the prior written consent of Advantage Bores;
(e) immediately advise Advantage Bores of any material change in its business
practices of selling the Goods which would result in a change in the nature of
proceeds derived from such sales.
6.4 Advantage Bores and the Customer agree that sections 96, 115 and 125 of the
PPSA do not apply to the security agreement created by these terms and
6.5 The Customer waives their rights to receive notices under sections 95, 118,
121(4), 130, 132(3)(d) and 132(4) of the PPSA.
6.6 The Customer waives their rights as a grantor and/or a debtor under sections 142
and 143 of the PPSA.
6.7 Unless otherwise agreed to in writing by Advantage Bores, the Customer waives
their right to receive a verification statement in accordance with section 157 of the
6.8 The Customer must unconditionally ratify any actions taken by Advantage Bores
under clauses 6.3 to 6.5.
6.9 Subject to any express provisions to the contrary nothing in these terms and
conditions is intended to have the effect of contracting out of any of the provisions
7. Privacy Act 1988
7.1 The Customer agrees for Advantage Bores to obtain from a credit reporting
agency a credit report containing personal credit information about the Customer
in relation to credit provided by Advantage Bores.
7.2 The Customer agrees that Advantage Bores may exchange information about the
Customer with those credit providers either named as trade referees by the
Customer or named in a consumer credit report issued by a credit reporting
agency 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;
(d) to assess the creditworthiness of the Customer.
7.3 The Customer understands that the information exchanged can include anything
about the Customer’s creditworthiness, credit standing, credit history or credit
capacity that credit providers are allowed to exchange under the Privacy Act
7.4 The Customer consents to Advantage Bores being given a consumer credit
report to collect overdue payment on commercial credit (Section 18K(1)(h)
Privacy Act 1988).
7.5 The Customer agrees that personal credit information provided may be used and
retained by Advantage Bores for the following purposes (and for other purposes
as shall be agreed between the Customer and Advantage Bores or required by
law from time to time):
(a) the provision of Goods and/or Services; and/or
(b) the marketing of Goods and/or Services by Advantage Bores, its agents or
(c) analysing, verifying and/or checking the Customer’s credit, payment and/or
status in relation to the provision of Goods and/or Services; and/or
(d) processing of any payment instructions, direct debit facilities and/or credit
facilities requested by the Customer; and/or
(e) enabling the daily operation of Customer’s account and/or the collection of
amounts outstanding in the Customer’s account in relation to the Goods
7.6 Advantage Bores may give information about the Customer to a credit reporting
agency for the following purposes:
(a) to obtain a consumer credit report about the Customer;
(b) allow the credit reporting agency to create or maintain a credit information file
containing information about the Customer.
7.7 The information given to the credit reporting agency may include:
(a) personal particulars (the Customer’s name, sex, address, previous
addresses, date of birth, name of employer and driver’s licence number;
(b) details concerning the Customer’s application for credit or commercial credit
and the amount requested;
(c) advice that Advantage Bores is a current credit provider to the Customer;
(d) advice of any overdue accounts, loan repayments, and/or any outstanding
monies owing which are overdue by more than sixty (60) days, and for which
debt collection action has been started;
(e) that the Customer’s overdue accounts, loan repayments and/or any
outstanding monies are no longer overdue in respect of any default that has
(f) information that, in the opinion of Advantage Bores, the Customer has
committed a serious credit infringement (that is, fraudulently or shown an
intention not to comply with the Customers credit obligations);
(g) advice that cheques drawn by the Customer for one hundred dollars ($100)
or more, have been dishonoured more than once;
(h) that credit provided to the Customer by Advantage Bores has been paid or
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