Terms and conditions
Terms for goods and services.
These terms apply to goods and services supplied by “S2K Identity Signage Systems”, a trading name of Insigns Pty Ltd (Supplier).
1. Invoicing and payment
- The Supplier may issue invoices to the Customer before starting work, weekly for part or all of a quoted amount, or after completing the work for the remaining balance, additional charges and any amount not previously invoiced.
- Payment is due within 7 days of invoicing. The Supplier may withhold further services until overdue amounts are paid in full. Payments received may be applied to any outstanding amount.
- The Customer cannot withhold payment due to any default by the Supplier. This does not affect the Customer’s rights under Australian Consumer Law.
- Interest of 10% per annum will be charged on overdue amounts, calculated daily. Collection costs for overdue amounts, including legal fees, are payable by the Customer.
- Both parties must comply with GST obligations under relevant legislation.
2. Additional charges
Additional charges may be required if the Customer provides inadequate or incorrect information; delays necessary information or materials; cancels an order causing loss to the Supplier; does not collect manufactured goods within two weeks; requests additional work; or causes costs beyond the quoted amount.
3. Acceptance of goods
If the Customer does not report faults or discrepancies within 48 hours of delivery, the goods are deemed accepted. This does not affect the Customer’s rights under Australian Consumer Law.
4. Retention of title and passing of risk
- Risk passes to the Customer upon delivery or collection.
- Title remains with the Supplier until all payments are fully made.
- The Customer holds goods as a bailee until title passes, must separately identify the Supplier’s goods and prevent others from obtaining a security interest in them. The Supplier may repossess goods if not paid within 14 days.
- If goods become part of new goods, ownership of the new goods passes to the Supplier until full payment is made.
- The Customer may sell goods in the ordinary course of business, holding proceeds in trust for the Supplier until all amounts are paid.
- The Supplier has rights under the Personal Property Securities Act 2009 (PPSA) to register and enforce a personal property security interest in the goods.
5. Intellectual property rights
The Supplier retains all intellectual property rights in the goods and services provided.
6. Indemnity
The Customer indemnifies the Supplier against claims, demands or actions arising from the provision of goods or services, including legal costs. This indemnity remains in effect after the agreement terminates.
7. Personal Property Securities Act
- This agreement creates a registrable security interest under the PPSA.
- The Supplier may register and enforce this security interest, and the Customer’s account is collateral.
- The Customer waives the right to receive notice of registration events or to claim damages under the PPSA.
- The Customer must pay costs related to registering the security interest.
8. Equitable charge
The Customer charges all estate and interest in any real property to secure payment of invoices and related costs, allowing the Supplier to lodge and remove a caveat against the property.
9. Privacy Act 1988
The Customer authorises the Supplier to obtain credit reports and information about the creditworthiness of the Customer and any guarantors, and to share permitted credit information with other credit providers under the Privacy Act 1988.
Nothing in these terms excludes rights or remedies that cannot lawfully be excluded under Australian Consumer Law.