Account application

In these terms, “Supplier” and “LINKSEA” mean LINKSEA ENTERPRISE PTY LTD (ABN 21 629 063 270); “Customer” means the applicant and any person to whom LINKSEA supplies goods or services on the applicant’s request; “Goods” and “Services” mean the goods and services supplied or to be supplied by LINKSEA.

Associated Entities and Related Bodies Corporate have the meanings given by applicable Australian law. Consequential Loss includes indirect loss, loss of revenue, profit, opportunity, contract, goodwill or anticipated savings. An Insolvency Event includes administration, receivership, liquidation, bankruptcy, inability to pay debts when due or an analogous event.

These account-application terms are the Conditions. References to loss include claims, liabilities, costs and expenses. References to the PPSA and security interests use the meanings in the Personal Property Securities Act 2009 (Cth).

These Conditions regulate trading and any credit made available by LINKSEA. They apply together with any quotation, order acknowledgement, invoice, product-specific terms or other written terms issued by LINKSEA. If documents are inconsistent, the more specific written terms for the relevant supply apply to the extent of the inconsistency. However, clause 4 exclusively governs overdue interest and recovery costs and cannot be replaced by a quotation, invoice or other document issued only by LINKSEA; it may be changed only by a later written agreement signed by both LINKSEA and the Customer.

An approved account or credit limit does not oblige LINKSEA to accept an order, continue supplying, extend further credit or retain any previously indicated limit or payment term.

LINKSEA may approve, vary, suspend or withdraw credit at its discretion, subject to applicable law. The Customer must pay the price, applicable duties and taxes, agreed fees and reasonable registration costs when due.

For this initial assessment, LINKSEA may verify the ABN or ACN, contact nominated trade referees and consider its own trading history with the applicant. This application does not authorise LINKSEA to obtain a consumer credit report. If one is later required, LINKSEA will first give the relevant individual a separate notice and obtain their express consent.

The Customer must promptly notify LINKSEA of an Insolvency Event, a change of legal or trading name, ownership or control, or a material disposal of assets. A material misrepresentation, payment default or Insolvency Event may make all outstanding amounts immediately due, subject to applicable law.

If an undisputed amount remains unpaid after its due date, LINKSEA may issue a written overdue notice. If it remains unpaid 7 calendar days after that notice, simple interest accrues from the end of that period on the unpaid principal at the annual rate equal to the Reserve Bank of Australia cash rate target published on the invoice due date plus 3 percentage points, capped at 10% per annum. Interest is calculated daily on a 365-day basis and is not capitalised.

Interest does not accrue on an amount genuinely disputed in good faith while the dispute is promptly and reasonably pursued. The Customer is liable only for reasonable external recovery costs actually incurred and legally recoverable, supported by evidence on request, and there is no double recovery. Nothing in this clause limits any non-excludable statutory right.

Title to Goods remains with LINKSEA until LINKSEA has received all amounts owing in relation to those Goods. Until title passes, the Customer must keep the Goods identifiable, protected and, where reasonably practicable, separate from other goods, and must maintain records that identify the Goods and any proceeds of authorised resale.

Subject to applicable law, if the Customer defaults LINKSEA may require return of unpaid Goods and may enter premises where the Customer has authorised access for the limited purpose of recovering them. The Customer must not grant a competing interest in unpaid Goods or their proceeds that would prejudice LINKSEA’s interest.

These rights apply, to the extent legally possible, if Goods are altered, processed or incorporated into other products. Any proceeds obligation applies only to the extent recognised by law.

The Customer acknowledges that the retention-of-title arrangement may create a security interest, including a purchase money security interest, in favour of LINKSEA. The Customer must provide reasonable assistance and information required for LINKSEA to perfect, maintain or enforce that interest.

Any contracting out of PPSA provisions, waiver of notices or allocation of registration costs applies only to the extent permitted by law. Nothing in these terms requires the Customer to waive a right that cannot lawfully be waived.

Risk in Goods passes to the Customer on delivery to the Customer, collection by the Customer or its carrier, or delivery to the agreed location, whichever occurs first. Transfer of risk does not itself transfer title.

Nothing in these Conditions excludes, restricts or modifies a consumer guarantee, statutory guarantee or other right that cannot lawfully be excluded, including rights under the Australian Consumer Law. Other implied terms are excluded only to the maximum extent permitted by law.

To the maximum extent permitted by law, LINKSEA is not liable for Consequential Loss. Subject to rights that cannot be limited, LINKSEA’s aggregate liability relating to a particular supply is limited to the amount paid for the specific Goods or Services giving rise to the claim.

The limitations in this clause do not apply to liability that cannot lawfully be limited, or to death, personal injury or fraud caused by LINKSEA.

Where the Australian Consumer Law permits a limitation for goods or services not ordinarily acquired for personal, domestic or household use or consumption, LINKSEA may elect a permitted remedy: for Goods, replacement, equivalent supply, repair or the cost of replacement or repair; for Services, re-supply or the cost of re-supply.

Unless stated otherwise, amounts are exclusive of GST. If GST is payable on a taxable supply, the recipient must pay the GST amount in addition to the consideration after receiving a valid tax invoice. Adjustments are dealt with under applicable GST law.