| 1a) | Unless the customer has a written agreement with KOBI Security Products Pty. Ltd., any good or services that are supplied to the customer shall be on the basis of a cash delivery. |
| b) | Where the customer has a written agreement with KOBI Security Products Pty. Ltd., all accounts are payable in accordance with the terms as stated on the invoice supplied by KOBI Security Products Pty. Ltd. to the customer. |
| c) | If the amount payable on the invoice is not paid by due date, interest shall be payable by the customer on the total amount of the debt, calculated 30 days from the date of the invoice until the actual date of the payment at the rate of 10% per annum, calculated monthly. |
| d) | All payments are to be made to KOBI Security products Pty. Ltd. |
| 2a) | Not withstanding physical delivery of the goods to the customer, KOBI Security Products Pty. Ltd. Shall remain the sole & absolute owners of all goods supplied until the customer has made full payment for all goods whatsoever delivered by KOBI Security Products Pty. Ltd. To the customer whether pursuant to be terms & conditions of this credit application or any other contract or agreement whatsoever. |
| b) | The customer hereby authorises KOBI Security Products Pty. Ltd. By its servants or agents at ant times & without prior notice to enter upon the premises of the customer where the goods are stored or are reasonably thought to be stored to remove some or all of the goods using such force necessary to do so. |
| c) | All costs incurred by KOBI Security Products Pty. Ltd. In such entry and removal shall be paid by the customer. |
| d) | Where KOBI Security Products Pty. Ltd. Retakes possession of some or all the goods from the customer, KOBI Security Products Pty. Ltd. shall be entitled to dispose of the goods to any person on any terms it deems necessary without liability of any kind to the customer and further KOBI Security Products Pty. Ltd. shall be entitled to recover the difference between the purchase price owed by the customer to KOBI Security Products Pty. Ltd. & the net proceeds of the sale of the repossessed goods. |
| 3a) | Not withstanding the above goods delivered by the KOBI Security Products Pty. Ltd. to the customer shall be at the risk of the customer from the date that the customer takes possession thereof. |
| b) | Possession of goods shall be deemed to have passed to the customer upon delivery to or into the custody of the customer or any servants or agents of the customer or which ever is the sooner. |
| 4a) | Not withstanding that the KOBI Security Products Pty. Ltd. goods may be delivered to some place outside Queensland or the agreement for the supply of goods or credit may have been made outside of Queensland the terms & conditions of the sale & delivery of goods by the KOBI Security Products Pty. Ltd. & any dealings between KOBI Security Products Pty. Ltd. & the customer shall be interpreted & governed in accordance with the laws of the state of Queensland, Australia. |
| b) | The customer hereby submits to the jurisdiction of any court within Queensland as selected by KOBI Security Products Pty. Ltd. should it be necessary to decide any matter, claim or issue arising out of the terms & conditions of this credit application, & the sale & delivery of goods or any other matter whatsoever between KOBI Security Products Pty. Ltd. & the customer |
| 5) | Any legal costs on a solicitor and own client basis or any other expenses whatsoever incurred by KOBI Security Products Pty. Ltd. in respect of this credit application, personal guarantees or otherwise including collection costs, dishonoured cheque fees or expenses associated with the enforcement or attempted enforcement of any rights of KOBI Security Products Pty. Ltd. pursuant to this credit application or any agreement for the supply of goods whether or not such attempts at enforcement are successful, shall be paid by the customer immediately upon demand to the extent that such payment is permitted by law. |
| 6a) | All monies & credits received by KOBI Security Products Pty. Ltd. shall be appropriated & applied as follows: |
| b) | Firstly, towards payment of any costs, charges, expenses or outgoings incurred by or paid by KOBI Security Products Pty. Ltd. & payable by the customer pursuant to KOBI Security Products Pty. Ltd. rights under this agreement or under the terms and conditions of the sale and delivery of goods by KOBI Security Products Pty. Ltd. |
| c) | Secondly, in or towards payment of any interest due or payable by the customer to KOBI Security Products Pty. Ltd. |
| d) | Thirdly, in or towards payment of the debt until such time as the debt is discharged. |
| 7) | KOBI Security Products Pty. Ltd. shall not be liable in any way for any loss or damage to the customer or any other person whether direct or consequential, which loss or damage arises directly or indirectly in any way from or in connection with KOBI Security Products Pty. Ltd. use or attempted use of its powers pursuant to this agreement or any agreement for the supply of goods. This clause shall apply even though the use of the said powers may be unsuccessful or unjustified on any grounds whatsoever. Where such loss or damage occurs to a third party the customer hereby indemnifies KOBI Security Products Pty. Ltd. against all liability therefore to the fullest extent permitted by law. |
| 8) | KOBI Security Products Pty. Ltd. shall not be deemed to have waived any terms or conditions of this agreement or agree to any variation thereof unless it has done so expressly in writing. |
| 9) | The customer accept that KOBI Security Products Pty. Ltd. may withdraw credit facilities at any time without notice or reason |
| 10) | KOBI Security Products Pty. Ltd., at its absolute discretion whether the customer is in default of the terms & conditions of this agreement, may stop credit until the customers accounts is brought within the terms & conditions of this agreement. |
| 11) | The customer consents to KOBI Security Products Pty. Ltd. obtaining, if it wishes, a personal credit report from a credit reporting agency or other credit reporting agency and providing references to credit reporting other agencies. |
| 12) | The customer acknowledges and agrees to the above terms and conditions. |
| 13a) | Goods returned for credit will not be accepted unless: |
| b) | Prior authorisation has been given by KOBI Security Products Pty. Ltd. |
| c) | No claim will be recognised unless made within thirty (30) days of delivery and in every case the original invoice number and date must be quoted. |
| d) | Except for the return of faulty or incorrectly supplied goods, a 20% restocking charge will be applied to all goods returned for credit |
| e) | No cash refunds, your account will be credited. |
| f) | All goods returned shall be in their original packaging and should not be shop soiled, obsolete or damaged as such goods may be
rejected or credited at a reduced rate. |
| g) | The cost of freight in returning goods will be the responsibility of the customer. |
