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CMC MUSIC PTY LTD
1 YEAR LIMITED WARRANTY
Effective date: 1/1/2012
CMC Music Pty Ltd (ACN 061 251 161) as Australian distributor for the above listed products (DV Mark Amplification, Egnater Custom Amplification, Ernie Ball Music Man Basses, Guitars, Strings and Accessories, Hiwatt Amplification, Lakewood Guitars, Markbass Amplification and Sterling by Music Man Basses and Guitars). The benefits conferred by this limited warranty (“this warranty”) are in addition to all other statutory rights in respect of the above listed products which the retail consumer purchaser may have under the Competition and Consumer Act 2010 and/or other applicable laws. Terms & Conditions of the Warranty. Subject to the terms and conditions below, CMC Music warrants to the original retail consumer purchaser that whilst the product is covered and used by the original retail consumer purchaser and provided it has been regularly serviced, this product will be free from defects in materials and workmanship for a period of 1 year from the date of such original purchase, except that bulbs, vacuum tubes and meters are covered for only 90 days from the date of original retail consumer purchase.
RETAIN YOUR SALES RECEIPT. IT IS REQUIRED AS PROOF OF YOUR PURCHASE
To claim under this warranty, the original consumer purchaser must at the time the claim is made: (A) supply proof, to CMC Australia’s satisfaction, of his/her original purchase of the product (at least the original sales receipt which must contain the product’s serial number and the purchaser’s name): (B) supply documentary evidence of its service history, and (C) within the period of this warranty, return the product to an Authorised CMC Music dealer or to an Authorised CMC Music Service Centre. Locations and details of CMC Music’s Authorised Dealers and Authorised Service Centres may be obtained by contacting CMC Music as per the contact details provided below. The cost of claiming under this warranty, including return of any product to CMC Music or the delivery to CMC Music’s nominated Authorised Dealer, or nominated Authorised Service Centre, must be borne by the consumer purchaser. CMC Music will at its expense and at its option (A) repair the product, or (B) replace the product, or (C) supply equivalent product, or (D) pay the cost of such repair, supply or replacement.
CMC MUSIC RECOMMENDS SERVICING OF YOUR INSTRUMENT/AMPLIFIER NOT LESS FREQUENTLY THAN YEARLY (MORE FREQUENTLY IF USED PROFESSIONALLY) AT AN AUTHORISED CMC MUSIC SERVICE CENTRE
The warranty does not cover: * normal wear and tear on any part of the product, including jacks, controls, switches, plated surfaces, screws, strings, fret wear, saddle wear & nut wear * setups, adjustments or routine maintenance of any kind * failings or degenerations due to accidents, neglect, abuse or abnormal use * damage or defect resulting from unauthorised removal, replacement or interference with parts * any report or service performed by anyone other than CMC Music’s nominated Authorised Dealer or Authorised Service Centre * checking, shrinking, sinking, discolouration and wear of lacquer finishes * any product whose serial number is missing, unable to be read, defaced or has been altered or tampered with in any manner * any product which has been modified except by an Authorised CMC Music Service Technician after first having obtained CMC Music’s prior written approval * case and case hardware * mic clips or battery clips * damage to finishes or cracks, splitting or warpage of wood due to changes in temperature or humidity, exposure to or contact with sun, fire, moisture, body salts or acids of perspiration, any other chemicals or non-CMC Music approved polishes * damage, corrosion or rusting of any hardware components caused by humidity, salty air, or exposure to moisture, guitar straps, guitar stand/hangers made of vinyl plastic, rubber or other synthetic materials * any product which has been hired out, or * transportation, insurance or freight charges associated with claims under this warranty. Goods presented for repair may be replaced by refurbished goods of the same type rather than being repaired. Refurbished parts may be used to repair the goods. Repair service of defects covered by this warranty can only be performed by the Authorised CMC Music Service Centre designated by CMC Music. CMC Music does not accept any liability in connection with this warranty for any consequential damage or economic loss whether direct or indirect to any person or property, arising from breakdown or failure of the product. CMC Music’s liability under this warranty is limited to the lesser of the replacement cost or repair cost of the product. For goods capable of storing data, CMC Music advises that the repair of the goods could result in loss of the data. CMC Music will not be liable for the loss of any saved data or user generated content. CMC Music recommends backing up any saved data to an appropriate storage device.
YOUR AUTHORISED CMC MUSIC DEALER MAY ALSO BE AUTHORISED FOR WARRANTY SERVICE AND SHOULD BE YOUR FIRST POINT OF CONTACT WHEN ANY KIND OF SERVICE IS REQUIRED
The location of your nearest Authorised CMC Music Dealer and/or Service Centre can be found at our website www.cmcmusic.com.au. The location of your nearest Authorised CMC Music Service Centre can be ascertained by contacting CMC Music as per the details provided below. This warranty is given by CMC Music Pty Ltd and no other person or organisation is authorised to vary its provisions or conditions. Claims on this warranty may be sent to CMC Music Pty Ltd, whose address is PO Box 1119, Brookvale, NSW, 2100, Tel: (02) 9905 2511, Fax: (02) 9905 0189, Email: cmcmusic@cmcmusic.com.au
NB: The product must be retained until the claim under this warranty is processed and CMC Music nominates which Authorised Dealer or Service Centre the product is to be taken to.
Notice to All Consumers Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
TO REGISTER YOUR PRODUCT and be notified of all relevant updates, please forward both the model and serial numbers of your product, along with your name and contact details (including email address) by standard post to CMC Music at the above address, or by email to info@cmcmusic.com.au
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Copyright Disclaimer TRADING TERMS
TERMS AND CONDITIONS OF SALE
These are the entire Terms and Conditions of Sale of all products and merchandise ("the Products") supplied by CMC MUSIC PTY LTD (ABN 18 061 251 161) and its associated and subsidiary Companies (all of which are referred to as "the Supplier") to any person, firm or company placing an order with the Supplier for the purchase of any products ("the Customer"). Except as otherwise expressly agreed upon in writing between a duly authorised officer of the Supplier and the Customer, these Terms and Conditions shall apply notwithstanding any provisions to the contrary which may appear on any order form or other document issued by any Customer.
1. DEFINITIONS
"ACL" means the Australian Consumer Law as contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
"Agreement" means the agreement between the Supplier and the Customer for the provision of Goods by the Supplier to the Customer consisting of these Terms & Conditions, the Credit Application (if any) made by the Customer and all purchase orders placed by the Customer.
"Customer" means the person, entity, business or company which is supplied goods by the Supplier and in the case of a company shall include its permitted successors, assigns and agents, and in the case of an individual shall include that individual's administrators and executors.
"Force Majeure" means any Act of God, outbreak of hostilities, riot, civil disturbance, act of terrorism, act of Government or other competent authority (including the cancellation or revocation of any approvals, authority or permit), fire, explosion, flood, inclement weather, antural disaster, state of emergency, invocation of martial law, industrial action, strike, lock-out or any other cause, impediment or circumstances beyond the reasonable control of the Supplier or the Customer.
"Goods" means the materials or merchandise supplied by CMC MUSIC PTY LTD time as well as each or any replacement, altered or substitute item and all appliances, parts, components, instruments, appurtenances, accessories and other equipment which may from time to time be incorporated or installed in or attached to the Goods and, except where the context otherwise requires, includes any part of such Goods, but does not include intellectual property or services.
"GST" means any additional tax imposed on the supply of or payment for Goods, Equipment or Services which is imposed or assessed under the GST Law.
"GST Law" means the A New Tax System (Goods and Services Tax) Act 1999 (Cth), and all other related and ancillary legislation.
"PPSA" means the Personal Property Securities Act 2009 (Cth) and any regulations made pursuant to it.
"PPSR" means the Personal Property Securities Register referred to in the PPSA.
"Price" means the price payable for the Goods and Services ordered by the Customer as specified in the accepted Purchase Order, or where the price is not so specified means the price set out in any Quotation, failing that the full list price as shown in the Supplier's Price List at the time (as amended by the Supplier from time to time) (whether notified to the Customer or not). The Suppllier will use its best endeavours to notify the Customer of price changes but bears no liability in respect of this.
"Price List" means the price list (if any) published by the Supplier from time to time.
"Proceeds" has the same meaning as in the PPSA.
"Purchase Order" means a purchase order placed by the Customer for the provision of Goods by the Supplier to the Customer.
"Quotation" means the quotation (if any) provided by the Supplier to the Customer.
"Security Interest" has the same meaning as in the PPSA.
"Services" means services (if any) supplied by the Supplier to the Customer and includes any advice or recommendations (and where the context so permits shall include any dellivery of Goods).
"Special Goods" menas Goods made to special order, buyer specification or non-catalogue item or non-stocklist items.
"Supplier" means CMC MUSIC PTY LTD (ACN 061 251 161)
2. GENERAL
2.1
All goods and all o ther products and Services sold to the Customer by the Supplier are sold on these Terms & Conditions. These Terms & Conditions are the only Terms & Conditions which are biding o the Supplier with the exception of those otherwise agreed in writing by the Supplier or which are imposed by a statute and which cannot be excluded.
2.2
The Supplier reserves the right to change prices without notice. Further, the Supplier may at any time, and from time to time alter these Terms and Conditions of Sale and such altered Terms and Conditions of Sale shall apply after publication by the Supplier on its website at www.cmcmusic.com.au.
2.3
Any direction by the Customer either verbal or written to procure Goods or Services from the Supplier will be deemed as acceptance by the Customer of these Terms & Conditions despite any provisions to the contrary in the direction or any purchase order issued by the Customer. These conditions shall prevail over all conditions of the Purchase Order to the extent of any inconstistency. If the Customer gives the Supplier any instructions for the supply of Goods or Services, or accepts Goods or Services supplied by the Supplier, or makes a Credit Application, the Customer will be deemed to have accepted these Terms & Conditions. Upon acceptance by the Customer these Terms & Conditions can only be amended with written consent of or written notice from the Supplier.
2.4
Where the Customer consists of more than one person, such persons shall be jointly and severally liable for all payments of the Price.
3. GOODS AND SERVICES TAX (GST)
All prices shown in the Supplier's price list, are inclusive of GST. All quotations submitted to customers by sales representatives of the Supplier are inclusive of GST (unless otherwise requested) 4. TERMS OF PAYMENT
4.1 Statements will be issued monthly and payment is due 30 days after statement. Failure to pay within terms may result in the withholding of supply and a service fee.
4.2
Customers shall not be entitled to withhold payment of any account by reason of any account query, dispute or set off.
4.3
No receipt for payment to any representative of the Supplier shall be effective to acknowledge payments to the Supplier unless given on the Supplier's official printed form.
4.4
The Supplier shall be entitled to charge a service fee of 0.06% per day on all overdue balances. AND the parties agree that such service fee is not a penalty but is a true measure of damages incurred by the Supplier.
5. DELIVERY
5.1
Any date or time quoted for delivery is an estimate only and the Supplier shall endeavour to effect delivery at the time or times required by the Customer but failure to do so shall not confer any right of cancellation or refusal of delivery on the Customer or render the Supplier liable for any loss or damages directly or indirectly sustained by the Customer as a result thereof.
5.2
The Customer shall not be relieved of any obligation to accept or pay for products by reason of any delay in delivery or any strike, lockout, unavailability of materials, accidents to machinery, differences with workmen, breakdowns, shortages of supplies or labour, fires, floods, storm or tempest, transport delays, acts of God, restrictions or intervention imposed by any laws, regulations, governments or agencies thereof and any other cause beyond the control of the Supplier or any other cause whatsoever.
6. FREIGHT
All areas - chargeable Preferred carrier - collect Messenger delivery - collect Note: Due to the Supplier's relationship with its carrier, it is able to reduce freight charges in all areas of Australia and pass benefits on to its Dealers. 7. INSURANCE
A nominal charge based on the value of the shipment will be made to cover transit damage. Claims for such damage are to be made within 7 days of receipt of goods. Provided further that in the event that the Customer arranges a preferred carrier, or arranges his/her/its own insurance cover, then the Supplier shall not be liable for any transit damage. 8. RETURN OF GOODS
The Supplier may at its absolute discretion accept returned stock and provide a credit to the Customer, subject to the following: 8.1
Faulty product: Claims will only be considered if lodged within 7 days of delivery;
8.2
Transit damage claims will only be considered if lodged within 7 days of receipt of goods for dealers with the abovementioned insurance cover;
8.3
Stock returned after 30 days will be subject to a discount of 10% of the purchase value; and
8.4
Stock returned after 60 days will be subject to a discount of 20% of the purchase value.
9. BACK ORDERS
Back orders will be supplied when stock becomes available, excepting where the Dealer specifies on order that back orders are not applicable. Prices shall be at prevailing prices at time of dispatch. 10. PROPERTY AND RISK
10.1
Notwithstanding delivery of Goods to the Customer, property in all Goods shall remain with the Supplier until the Customer has paid and discharged any and all indebtedness to the Supplier on any account whatsoever, including without limitation all applicable taxes, levies and duties.
10.2
The Customer is a bailee of the Goods until such time as property in them passes to the Customer and that this bailment continues in relation to each of the Goods until the price of the Goods has been paid in full and pending payment in full for the Goods, the Customer:
(a) must not supply any of the Goods to any person outside of its ordinary or usual course of business;
(b) must not allow any person to have or acquire any security interest in the Goods;
(c) must insure the Goods for their full insurable or replacement value (whichever is higher) with an insurer licensed or authorised to conduct the business of insurance in the place where the Customer carries on business; and
(d) must not remove, deface or obliterate any identifying plate, mark or number on any of the Goods.
10.3
Notwithstanding the foregoing provisions, if the Customer supplies any of the Goods to any person before all moneys payable by the Customer have been paid to the Supplier (and have not been claimed or clawed-back by any person standing in the place of or representing the Customer), the Customer agrees that:
(a) it holds the proceeds from the sale or supply of the goods on trust for and as agent for the Supplier immediately when they are receivable or are received;
(b) it must either pay the amount of the proceeds of re-supply to the Supplier immediately when they are received or pay those proceeds into an account with a bank or a financial institution or deposit-taking institution to be held in trust for the Supplier (and the Customer shall not deal with the money of the Supplier in any way which may be adverse to the Supplier).
(c) (to the fullest extent permissible at law) any accessory or item which accedes to any of the Goods by an act of the Customer or of any person at the direction or request of the Customer becomes and remains the property of the Supplier until the Supplier is paid in full for all Goods delivered or purchased, when the property in the Goods (including the accessory) passes to the Customer;
(d) if the Customer fails to pay for the Goods within the period of credit (if any) extended by the Supplier to the Customer, the Supplier may enter any site occupied, used, owned, possessed or controlled by the Customer or any premises where the Goods are situated and may recover possession of the Goods and the Customer agrees that the Supplier has an irrevocable license to do so.
10.4
In connection with the Goods while they remain the property of the Supplier, the Customer agrees with the Supplier that:
(a) the Customer has no right or claim to any interest in the Goods to secure any liquidated or unliquidated debt or obligation the Supplier owes to the Customer;
(b) the Customer cannot claim any lien over the Goods;
(c) The Customer will not create any absolute or defeasible interest in the Goods in relation to any third party except as may be authorised by the Supplier; and
(d) where the Customer is in actual or constructive possession of the Goods:
(i) the Customer will not deliver them or any document of title to the Goods to any person except as directed by the Supplier; and
(ii) it is in possession of the Goods as a bailee of those Goods and owes the Supplier the duties and liabilities of a bailee.
10.5
The Customer agrees that where practicable the Goods shall be kept separate and identifiable until the Supplier shall have received payment in full for all Goods supplied.
10.6
The Customer agrees that until such time as ownership of the Goods shall pass from the Supplier to the Customer the Supplier may give notice in writing to the Customer to return the Goods or any of them to the Supplier. Upon such notice the rights of the Customer to obtain ownership or any other interest in the Goods shall cease.
10.7
The Supplier shall have the right of stopping the Goods in transit whether or not delivery has been made.
10.8
The Supplier can issue proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods may not have passed to the Customer.
10.9
Any payment made by or on behalf of a Customer which is later avoided by the application of any Statutory Provision shall be deemed not to discharge the Customer's indebtedness and, in such an event the parties are to be restored to rights which each respectively would have had if the payment had not been made.
10.10
Receipt by the Supplier of any form of payment other than cash shall not be demed to be payment until that form of payment ha been honoured, cleared or recognised and until then the Supplier's ownershp or rights in respect of the Goods shall continue.
10.11
The risk in the products shall pass to the Customer upon delivery to the Customer or his agent or to a transport company nominated by the Customer. The Customer acknowledges that it is in possession of the products solely as a bailee for the Supplier until payment as defined in clause 5 has been made in full to the Supplier and until such payment:
10.12 Upon assenting to these Terms & Conditions in writing the Customer acknowledges and agress that these Terms & Conditions: (a) Constitute a security agreement for the purposes of the PPSA: (b) Create a security interest in: (i) all Goods previously supplied by the Supplier to the Customer (if any); (ii) all Goods that will be supplied in the future by the Supplier to the Customer. (c) The Customer acknowledges that the Supplier's security interest: (i) includes the Goods and all proceeds of any kind; and (ii) includes all registration and enforcement costs incurred by the Supplier. 10.13 The Customer consents to the Supplier effecting a registration on the PPSR (in any manner the Supplier determines) of any Security Interest arising under or in connection with these Terms & Conditions and the Customer agrees to provide all assistance reasonable required by the Supplier to facilitate this, including: (a) promptly signing any further documents and/or providing any further information (such information to be complete, accurate and up-to-date in all respects) whcih the Supplier may reasonably require to: (i) register a financing statement or financing change statement in relation to a security interest on the PPSR; (ii) register any other document required to be registered by the PPSA; and (iii) correct a defect in a statement referred to in clause 10.13(a)(i) or 10.13(a)(ii). (b) indemnifying, and upon demand reimbursing, the Supplier for all expenses incurred in registering a financing statement or financing change statement on the PPSR or releasing any Goods charged thereby; (c) not registering a financing change statement in respect of a security interest without the prior written consent of the Supplier; (d) not registering, or permitting 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 the Supplier; and (e) immediately advising the Supplier 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. 10.14 The Customer agrees that: (a) these Terms & Conditions and any other related document(s), including in particular any information of the kind mentioned in section 275(1) of the PPSA, are confidential; and (b) the contents of these Terms & Conditions and any other relation document(s) will not be disclosed (except to the extent and for the purposes such disclosure is expressly permitted by the Terms & Conditions or required by law (other than under section 275(1) of the PPSA)). 10.15 Where a person is a controller in relation to the Goods, the parties agree that Part 4.3 of the PPSA will not apply to the enforcement of any security interest in the Goods by that controller. 10.16 If Chapter 4 of the PPSA does apply to the enforcement of a security interest arising under or in connection wpth these Terms & Conditions, the Customer agrees the following provisions of the PPSA will not apply to the enforcement of that security interest. (a) section 95; (b) section 96; (c) section 118; (d) section 121(4); (e) section 123(2); (f) section 125; (g) section 129(2); (h) section 130; (i) section 132(3)(d); (j) section 132(4); (k) section 142; and (l) section 143 10.17 The Customer agrees to and hereby waives its right to receive any notice under the PPSA (including notice of a verification statement) unless the notice is required by the PPSA and cannot be excluded. 10.18 If any provisions of these Terms & Conditions are inconsistent with the PPSA, the PPSA shall prevail to the extent of that inconsistency. 11. FORCE MAJEURE
The Supplier shall not be liable for any failure or delay in supply or delivery the products where such failure or delay is wholly or partly due to any cause or circumstance whatsoever outside the reasonable control of the Supplier including, but not limited to, war, strikes, lockouts, industrial disputes or unrest, government restrictions or intervention, transport delays, fire, act of God, breakdown of plant, shortage of supplies or labour, storm or tempest, theft, vandalism, riots, civil commotions or accidents of any kind. 12. TERMINATION
If the Customer fails to comply with any of these Terms and Conditions or being a natural person or persons commits any act of bankruptcy, or being a corporation passes a resolution for winding up or liquidation (other than for the purposes of reorganisation or reconstruction) or administration or enters into any composition or arrangement with creditors of if a receiver or manager is appointed for any property or assets of the Customer or becomes liable to be wound up by reason of insolvency or if any petition is presented for its winding up, or if a liquidator or provisional liquidator is appointed, the Supplier may, in addition to exercising all or any of its rights against the Customer, suspend any further deliveries and immediately recover possession of any products not paid for in accordance with these Terms and Conditions. 13. GOVERNING LAW
The Customer agrees that these Terms and Conditions of Sale shall be construed according to the laws of the State or Territory as the Supplier may in its sole discretion determine. Proceedings may be instituted in such State or Territory as the Supplier may in its sole discretion determine. Failing such determination the Customer consents to any proceedings being instituted and heard by any appropriate Court sitting in the State of New South Wales applying the laws of the State of New South Wales. 14. SERVICE OF DOCUMENTS
The Customer agrees that service of any notices or Court documents may be effected by forwarding same by pre-paid post or facsimile to the last known address of the Customer. 15. PERSONAL GUARANTEES
Where the Customer is a company trust or partnership, the Customer must procure that all principals sign personal guarantees satisfactory to the Supplier guaranteeing the obligations of the Customer under the Agreement. Where the Customer is a company, the Customer must procure that all directors sign personal guarantees satisfactory to the Supplier guaranteeing the obligations of the Customer under the Agreement. All guarantors shall be jointly and severally liable for performance of all of the terms, covenants and conditions of the Agreement.
16. POSSESSION FOLLOWING TERMINATION
On termination the Supplier shall be entitled to take possession of any Goods for which it has not received payment in full and for this purpose the Customer irrevocably appoints the Supplier its attorney and authorises the Supplier or its agent to enter on any land or premises owned by or under control of the Customer and recover the Goods and will pay for and indemnifies the Supplier against any claims, losses, damages, costs and expenses arising out of the repossession of the Goods.
17. ADDITIONAL DOCUMENTS
If the Supplier shall so require, the Customer shall execute and deliver to the Supplier such documents as the Supplier shall deem necessary or desirable for the purposes of protecting the interest of the Supplier in the Goods.
18. PRIVACY ACT AND CREDIT REPORTS
18.1
The Customer agree the Supplier may obtain from a credit reporting agency a credit report containing personal credit information about the Customer in relation to credit provided by the Supplier
18.2
The Customer agrees that the Supplier 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; and/or
(d) to assess the creditworthiness of the Customer.
The Customer understands that the information exchanged can include anyting about the Customer's creditworthiness, credit standing, credit history or credit capacity that credit providers are allowed to exchange under the Privacy Act 1988.
18.3
The Customer consents to the Supplier being given a consumer credit report to collect overdue payment on commercial credit.
18.4
The Customer agrees that personal credit information provided may be used and retained by the Supplier for the following purposes (and for other purposes as shall be agreed between the Customer and Seller or required by law from time to time):
(a) the provision of Goods; and/or
(b) the marketing of Goods by the Supplier, its agents or Customers; and/or
(c) analysing verifying and/or checking the Customer's credit, payment and/or status in relation to the provision of Goods; 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 the Customer's account and/or the collection of amounts outstanding in the Customer's account in relation to the Goods.
18.5
The Supplier 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; and
(b) to allow the credit reporting agency to create or maintain a credit information file containing information about the Customer.
18.6
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 license number);
(b) details concerning the Customer's application for credit or commercial credit and the amount requested;
(c) advice that the Supplier 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 been listed;
(f) information that, in the opinion of the Supplier, the Customer has committed a serious credit infringement (that is, fraudulently or shown an intention not to comply with the Customer's credit obligations);
(g) advice that cheque drawn by the Customer for one hundred dollars ($100) or more, have been dishonoured more than once; and
(h) that credit provided to the Customer by the Supplier has been paid or otherwise discharged.
19. PROVISIONS SEVERABLE
19.1
If any of these Terms or Conditions is or becomes for any reason wholly or partly invalid that term or condition shall to the extent of the invalidity be severed without prejudice to the continuing force and validity of the remaining conditions.
19.2
To the extent that any of the provisions herein contained are prohibitied or invalid under the laws of the State of New South Wales or the Competition and Consumer Act 2010 including the Australian Consumer Law and subsequent amendments thereto, such provisions shall to the extent they are so prohibited or invalid be severed and removed from the Agreement without invalidating the remaining provisions hereof and the Agreement shall be construed as intended to operate in all respects to the maximum extent to which it can validly apply.
20. EQUITABLE CHARGE
The Customer as beneficial owner and/or registered proprietor now charges in favour of the Supplier all of the Customer's estate and interest in any real property (including but not limited to any land owned by the Customer named or described as the Customer's Street Address in the Credit application if applicable) ("Land") to secure payment of accounts rendered by the Supplier to the Customer for the delivery and/or supply of the Goods including interest payable on these accounts and costs (including legal costs on a full indemnity basis) incurrred by the Supplier and including the costs to prepare and lodge a Caveat against the Land and to remove the Caveat. For the purposes of this clause the Customer authorises the Supplier to lodge a Caveat aginst the Land.
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