AIM Scientific Trading Terms and Conditions of Sale Agreement

Upon the within application being accepted by the Supplier, the Customer agrees that the following terms and conditions shall apply:

1. In these terms and conditions, words shall have the following meanings:
“Authorised Officer” means any director, secretary or person whose title includes the word “manager”;
“the Customer” means the person, persons, or Company executing the within application;
“the Supplier” means AIM Scientific (ABN85140153437)

2. The Customer hereby warrants that the information comprised in the first schedule (Credit Application Form) hereto is true accurate and correct and is supplied for the purpose of obtaining credit.

3. The Customer warrants that the persons’ signatures appearing on this Agreement are duly authorized by the Customer to apply for credit and execute this Agreement.

4. The Customer agrees to adhere to the terms and conditions of this Agreement.

5. The granting of credit (if any) to the Customer shall be at the discretion of the Supplier and may be withdrawn or varied at any time and from time to time as the Supplier shall deem fit.

6. The Supplier may vary or amend the terms and conditions by notice in writing to the Customer, signed by an authorized officer.

7. Jurisdiction : Notwithstanding any implications of the law to the contrary, all contracts between the Customer and the Supplier shall be deemed to be made and construed and to be enforceable in and according to the laws of the State of South Australia and by mutual consent to be subject to the jurisdiction of the Courts of that State.

8. Claims : Any claim for non delivery, shortage in supply or damage occurring during the course of delivery or any claim for quality assessment by a Customer must be in writing and given to the Manager of the supplier within 14 working days of delivery.

9. The Minister will ensure that the goods supplied will be used in accordance with the instructions set out on the packaging and stored accordingly. That he Minister will also ensure that the goods are not misused, abused or neglected or used for a purpose for which they were not designed or suited, or modified or adapted so as to cause any unauthorized use.

10. In the event of the Supplier granting credit facilities to the Customer then the following terms apply : -

a) All accounts are to be settled in full within 30 days from date of invoice, unless otherwise agreed.
b) That should the Customer default in the payment of any monies due under this Agreement for undisputed amounts, then all monies due to the Supplier shall immediately become due and payable and shall be paid by the Customer within seven (7) days of the date of demand and the supplier shall be entitled to charge interest on all amounts not paid by the due date for payment and the Customer undertakes to pay any interest so charged.
c) Such interest shall be calculated on a daily basis from the due date for payment until the date the Supplier receives full payment, at a rate of 12% per annum.
d) Any expenses, costs or disbursements incurred by the Supplier in recovering any outstanding monies including debt collection agency fees and solicitor’s costs shall be paid by the Customer.
e) The Supplier shall be entitled without notice to terminate any credit arrangement with the Customer in the event of the Customer defaulting in any of the terms and conditions herein contained.

11. Title and Risk : -
a) Title in the goods does not pass to the Customer until the Customer has inspected and accepted the goods.
b) Such goods are held at the risk of the Customer and this risk passes to the Customer upon acceptance of delivery.
c) Customer shall indemnify the Supplier against any loss or expense arising from the Customer breaching this contract.
12. These Trading Terms and Conditions of Sale shall not exclude, limit, restrict or modify the rights, entitlements and remedies conferred upon the Customer of the liabilities imposed upon the Supplier by any condition or warranty implied by a Commonwealth, State or Territory Act or Ordinance, rendering void or prohibiting such exclusion, limitation, restriction or modification.

13. If any of these Trading Terms and Conditions of Sale is or becomes for any reason wholly or partially 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.

14. The Supplier will use its best endeavors to meet any delivery date but such date is an estimated delivery date only and shall not be a condition of this agreement. The Supplier shall not be liable for any loss or damage (direct or consequential) of any kind or description whatsoever suffered by the purchaser/customer by reason of any delay in the delivery of the goods (or any part or parts thereof) caused by any matter or thing over which the Supplier shall have no control including (but without limiting the generality thereof) strikes, lock-outs, industrial disputes, acts of god, fire, explosion, earthquake, civil commotion, breakdowns of or damage to the plant equipment or property of the Supplier or any outside contractor or caused by or due to the negligence of the Supplier howsoever caused.

15. Privacy Act: Acknowledgement that credit information may be given to a credit reporting agency, the Customer understands that section 18E(8)(c) of the Act allows the Supplier to give a credit reporting agency certain personal information about the Customer. The information which may be given to an agency is covered by section 18E(1) of the Act and includes;

a) particulars to identify the Customer,
b) the fact that the Customer has applied for credit and the amount,
c) the fact that the Supplier is a credit provider to the Customer,
d) payments which become overdue more than 60 days,
e) advice that payments are no longer due,
f) cheques drawn by the Customer which a bank has dishonored more than once,
g) in specified circumstances that in the opinion of the Supplier the Customer has committed a serious credit infringement, and
h) that the credit provided to the Customer by the Supplier has been discharged.

16. Authority for the Supplier to obtain certain credit information: To enable the Supplier to assess the Customer application for commercial or personal credit, the Customer authorizes the Supplier as follows:

a) If asked to provide commercial credit, to obtain from a credit reporting agency a credit report containing personal credit information about the Customer. This is in accordance with section 18K(1)(b) of the Act.
b) If asked to provide personal credit, to use a credit report containing information about the Customer’s commercial activities or commercial creditworthiness from a business which provides information about the commercial creditworthiness of a person. This is in accordance with section 18L(4) of the Act.

17. Authority to exchange information with other credit providers: In accordance with section 18N(1)(b) of the Act, the Customer authorizes the Supplier to give and to receive from the credit providers named in the Credit Application or that may be named in a credit report issued by a credit reporting agency, information in the Supplier’s possession or the other credit provider’s possession about the Customer’s creditworthiness., credit standing, credit history and credit capacity. The Customer understands the information may be used to:

a) Assess the application for credit by the Customer,
b) Assist the Supplier in avoiding default on the Customers credit obligations,
c) Notify other credit providers of a default by the customer, and
d) Assess the Customer’s creditworthiness.

18. Acknowledgement of Trading Terms, Conditions of Sale and Privacy Act Authorisation.

Signed : …………………………………………………….

Name:………………………………………………….……

Position held:………………………………………………

For an on behalf of………………………………………

Date : ………………………………………….