Checkpoint Fire Safety Products – Terms & Conditions of Trade

© Copyright – EC Credit Control 1999 – 2016 #33995

1. Definitions

1.1 “CFSP” means Checkpoint Group Pty Ltd T/A Checkpoint Fire Safety Products, its successors and assigns or any person acting on behalf of

and with the authority of Checkpoint Group Pty Ltd T/A Checkpoint Fire Safety Products.

1.2 “Client” means the person/s ordering the Works as specified in any invoice, document or order, and if there is more than one Client is a

reference to each Client jointly and severally.

1.3 “Works” means all Works (including consultation, manufacturing and/or installation Works) or Materials supplied by CFSP to the Client at the

Client’s request from time to time (where the context so permits the terms ‘Works’ or ‘Materials’ shall be interchangeable for the other).

1.4 “Price” means the Price payable (plus any GST where applicable) for the Works as agreed between CFSP and the Client in accordance with

clause 5 below.

1.5 “GST” means Goods and Services Tax (GST) as defined within the “A New Tax System (Goods and Services Tax) Act 1999”.

2. Acceptance

2.1 The Client is taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions if the Client

places an order for or accepts delivery of any Works.

2.2 These terms and conditions may only be amended with the consent of both parties in writing, and shall prevail to the extent of any

inconsistency with any other document or agreement between the Client and CFSP.

2.3 These terms and conditions may be meant to be read in conjunction with CFSP’s Hire Form, and:

(a) where the context so permits, the terms ‘Works’ or ‘Materials’ shall include any supply of Equipment, as defined therein; and

(b) if there are any inconsistencies between the two documents then the terms and conditions contained therein shall prevail.

3. Electronic Transactions Act 2000

3.1 Electronic signatures shall be deemed to be accepted by either party providing that the parties have complied with Section 9 of the

Electronic Transactions Act 2000 or any other applicable provisions of that Act or any Regulations referred to in that Act.

4. Change in Control

4.1 The Client shall give CFSP not less than fourteen (14) days prior written notice of any proposed change of ownership of the Client and/or

any other change in the Client’s details (including but not limited to, changes in the Client’s name, address, contact phone or fax number/s,

or business practice). The Client shall be liable for any loss incurred by CFSP as a result of the Client’s failure to comply with this clause.

5. Price and Payment

5.1 At CFSP’s sole discretion the Price shall be either:

(a) as indicated on invoices provided by CFSP to the Client in respect of Works performed or Materials supplied; or

(b) CFSP’s quoted Price (subject to clause 5.2) which shall be binding upon CFSP provided that the Client shall accept CFSP’s quotation in

writing within thirty (30) days.

5.2 CFSP reserves the right to change the Price:

(a) if a variation to the Materials which are to be supplied is requested; or

(b) if a variation to the Works originally scheduled (including any applicable plans or specifications) is requested; or

(c) where additional Works are required due to the discovery of hidden or unidentifiable difficulties which are only discovered on

commencement of the Works; or

(d) in the event of increases to CFSP in the cost as a result of fluctuations in currency exchange rates or increases in the cost of taxes,

levies, materials and labour which are beyond CFSP’s control.

5.3 Variations will be charged for on the basis of CFSP’s quotation, and will be detailed in writing, and shown as variations on CFSP’s invoice.

The Client shall be required to respond to any variation submitted by CFSP within ten (10) working days. Failure to do so will entitle CFSP

to add the cost of the variation to the Price. Payment for all variations must be made in full at the time of their completion.

5.4 At CFSP’s sole discretion a deposit may be required.

5.5 Time for payment for the Works being of the essence, the Price will be payable by the Client on the date/s determined by CFSP, which may


(a) on completion of the Works; or

(b) by way of progress payments in accordance with CFSP’s specified progress payment schedule. Such progress payment claims may

include the reasonable value of authorised variations and the value of any Materials delivered to the site but not yet installed; or

(c) the first day following the end of the month in which a statement is posted to the Client’s address or address for notices;

(d) the date specified on any invoice or other form as being the date for payment; or

(e) failing any notice to the contrary, the date which is thirty (30) days following the date of any invoice given to the Client by CFSP.

5.6 Payment may be made by cash, cheque, bank cheque, electronic/on-line banking, credit card (a surcharge may apply per transaction), or by

any other method as agreed to between the Client and CFSP.

5.7 The Client shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Client by CFSP nor

to withhold payment of any invoice because part of that invoice is in dispute.

5.8 Unless otherwise stated the Price does not include GST. In addition to the Price the Client must pay to CFSP an amount equal to any GST

CFSP must pay for any supply by CFSP under this or any other agreement for the sale of the Materials. The Client must pay GST, without

deduction or set off of any other amounts, at the same time and on the same basis as the Client pays the Price. In addition, the Client must

pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.

6. Delivery of the Works

6.1 Subject to clause 6.2 it is CFSP’s responsibility to ensure that the Works start as soon as it is reasonably possible.

6.2 The Works commencement date will be put back and/or the completion date extended by whatever time is reasonable in the event that

CFSP claims an extension of time (by giving the Client written notice) where completion is delayed by an event beyond CFSP’s control,

including but not limited to any failure by the Client to:

(a) make a selection; or

(b) have the site ready for the Works; or

(c) notify CFSP that the site is ready.

6.3 At CFSP’s sole discretion, the cost of delivery is included in the Price.

Checkpoint Fire Safety Products – Terms & Conditions of Trade

© Copyright – EC Credit Control 1999 – 2016 #33995

6.4 Any time specified by CFSP for delivery of the Works is an estimate only and CFSP will not be liable for any loss or damage incurred by the

Client as a result of delivery being late. However, both parties agree that they shall make every endeavour to enable the Works to be

supplied at the time and place as was arranged between both parties. In the event that CFSP is unable to supply the Works as agreed solely

due to any action or inaction of the Client, then CFSP shall be entitled to charge a reasonable fee for re-supplying the Works at a later time

and date, and/or for storage of the Materials.

7. Risk

7.1 If CFSP retains ownership of the Materials under clause 12 then:

(a) where CFSP is supplying Materials only, all risk for the Materials shall immediately pass to the Client on delivery and the Client must

insure the Materials on or before delivery. Delivery of the Materials shall be deemed to have taken place immediately at the time that


(i) the Client or the Client’s nominated carrier takes possession of the Materials at CFSP’s address; or

(ii) the Materials are delivered by CFSP or CFSP’s nominated carrier to the Client’s nominated delivery address (even if the Client is not

present at the address).

(b) where CFSP is to both supply and install Materials then CFSP shall maintain a contract works insurance policy until the Works are

completed. Upon completion of the Works all risk for the Works shall immediately pass to the Client.

7.2 Notwithstanding the provisions of clause 7.1 if the Client specifically requests CFSP to leave Materials outside CFSP’s premises for

collection or to deliver the Materials to an unattended location then such materials shall always be left at sole risk of the Client and it shall be

the Client’s responsibility to ensure the Materials are insured adequately or at all. In the event that such Materials are lost, damaged or

destroyed then replacement of the Materials shall be at the Client’s expense.

7.3 The Client warrants that any structures to which the Materials are to be affixed are able to withstand the installation of the Materials and that

any electrical connections (including, but not limited to, meter boxes, main switches, circuit breakers, and electrical cable) are of suitable

capacity to handle the Materials once installed. If for any reason (including the discovery of asbestos, defective or unsafe wiring or

dangerous access to roofing) that CFSP, its employees or contractors reasonably form the opinion that the Client’s premises is not safe for

the installation of Materials to proceed then CFSP shall be entitled to delay installation of the Materials (in accordance with the provisions of

clause 6.2 above) until CFSP is satisfied that it is safe for the installation to proceed.

7.4 Any advice, recommendation, information, assistance or service provided by CFSP in relation to Materials or Works supplied is given in

good faith, is based on CFSP’s own knowledge and experience and shall be accepted without liability on the part of CFSP and it shall be the

responsibility of the Client to confirm the accuracy and reliability of the same in light of the use to which the Client makes or intends to make

of the Materials or Works.

7.5 The Client acknowledges that CFSP is only responsible for parts that are replaced by CFSP and does not at any stage accept any liability in

respect of previous Works and/or Materials supplied by any other third party that subsequently fail and found to be the source of the failure,

the Client agrees to indemnify CFSP against any loss or damage to the Materials, or caused by the Materials, or any part thereof howsoever


7.6 In the event that CFSP discovers asbestos/hazardous materials whilst undertaking any Works CFSP shall immediately advise the Client of

the same and shall be entitled to suspend the Works pending a risk assessment in relation to those materials. The Client shall be liable for

all additional costs (howsoever arising) incurred by CFSP as a result of the discovery of asbestos/hazardous materials and/or any

suspension of Works in relation thereto.

7.7 The Client accepts that electronic security systems, smoke, heat and like detectors installed to / at their premises:

(a) are for monitoring and detection purposes and should not be seen as a life saving device; and

(b) does not guarantee the site will be free from malicious damage or losses caused by attack, break and/or enter.

7.8 It shall be the Client’s responsibility:

(a) to ensure the security system equipment is tested and maintained to full operational condition; and

(b) for all phone calls emanating from the security system panel; and

(c) to ensure all electronically protected areas are free from obstacles which may impair the operation of the system.

8. Accuracy of Client’s Plans and Measurements

8.1 CFSP shall be entitled to rely on the accuracy of any plans, specifications and other information provided by the Client. The Client

acknowledges and agrees that in the event that any of this information provided by the Client is inaccurate, CFSP accepts no responsibility

for any loss, damages, or costs however resulting from these inaccurate plans, specifications or other information.

9. Specifications

9.1 The Client acknowledges that:

(a) all descriptive specifications, illustrations, drawings, data, dimensions and weights stated in CFSP fact sheets, price lists or advertising

material, are approximate only and are given by way of identification only. The Client shall not be entitled to rely on such information, and

any use of such does not constitute a sale by description, and does not form part of the contract, unless expressly stated as such in

writing by CFSP;

(b) while CFSP may have provided information or figures to the Client regarding the performance of the Materials, the Client acknowledges

that CFSP has given these in good faith, and are estimates based on industry prescribed estimates.

9.2 The Client shall be responsible for ensuring that the Materials ordered are suitable for their intended use.

9.3 CFSP reserves the right to substitute comparable Materials (or components of the Materials), and in all such cases CFSP will notify the

Client in advance of any such substitution.

10. Access

10.1 The Client shall ensure that CFSP has clear and free access to the work site at all times to enable them to undertake the works. CFSP shall

not be liable for any loss or damage to the site (including, without limitation, damage to pathways, driveways and concreted or paved or

grassed areas) unless due to the negligence of CFSP.

Checkpoint Fire Safety Products – Terms & Conditions of Trade

© Copyright – EC Credit Control 1999 – 2016 #33995

11. Underground Locations

11.1 Prior to CFSP commencing any work the Client must advise CFSP of the precise location of all underground Works on the site and clearly

mark the same. The underground mains & Works the Client must identify include, but are not limited to, electrical Works, gas Works, sewer

Works, pumping Works, sewer connections, sewer sludge mains, water mains, irrigation pipes, telephone cables, fibre optic cables, oil

pumping mains, and any other Works that may be on site.

11.2 Whilst CFSP will take all care to avoid damage to any underground Works the Client agrees to indemnify CFSP in respect of all and any

liability claims, loss, damage, costs and fines as a result of damage to Works not precisely located and notified as per clause 11.1.

12. Title

12.1 CFSP and the Client agree that ownership of the Materials shall not pass until:

(a) the Client has paid CFSP all amounts owing to CFSP; and

(b) the Client has met all of its other obligations to CFSP.

12.2 Receipt by CFSP of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured,

cleared or recognised.

12.3 It is further agreed that until ownership of the Materials passes to the Client in accordance with clause 12.1:

(a) the Client is only a bailee of the Materials and unless the Materials have become fixtures must return the Materials to CFSP on request.

(b) the Client holds the benefit of the Client’s insurance of the Materials on trust for CFSP and must pay to CFSP the proceeds of any

insurance in the event of the Materials being lost, damaged or destroyed.

(c) the production of these terms and conditions by CFSP shall be sufficient evidence of CFSP’s rights to receive the insurance proceeds

direct from the insurer without the need for any person dealing with CFSP to make further enquiries.

(d) the Client must not sell, dispose, or otherwise part with possession of the Materials other than in the ordinary course of business and for

market value. If the Client sells, disposes or parts with possession of the Materials then the Client must hold the proceeds of any such

act on trust for CFSP and must pay or deliver the proceeds to CFSP on demand.

(e) the Client should not convert or process the Materials or intermix them with other Materials but if the Client does so then the Client holds

the resulting product on trust for the benefit of CFSP and must sell, dispose of or return the resulting product to CFSP as it so directs.

(f) unless the Materials have become fixtures the Client irrevocably authorises CFSP to enter any premises where CFSP believes the

Materials are kept and recover possession of the Materials.

(g) CFSP may recover possession of any Materials in transit whether or not delivery has occurred.

(h) the Client shall not charge or grant an encumbrance over the Materials nor grant nor otherwise give away any interest in the Materials

while they remain the property of CFSP.

(i) CFSP may commence proceedings to recover the Price of the Materials sold notwithstanding that ownership of the Materials has not

passed to the Client.

13. Personal Property Securities Act 2009 (“PPSA”)

13.1 In this clause financing statement, financing change statement, security agreement, and security interest has the meaning given to it by the


13.2 Upon assenting to these terms and conditions in writing the Client acknowledges and agrees that these terms and conditions constitute a

security agreement for the purposes of the PPSA and creates a security interest in all Materials and/or collateral (account) – being a

monetary obligation of the Client to CFSP for Works – that have previously been supplied and that will be supplied in the future by CFSP to

the Client.

13.3 The Client undertakes to:

(a) promptly sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in

all respects) which CFSP may reasonably require to:

(i) register a financing statement or financing change statement in relation to a security interest on the Personal Property Securities


(ii) register any other document required to be registered by the PPSA; or

(iii) correct a defect in a statement referred to in clause 13.3(a)(i) or 13.3(a)(ii);

(b) indemnify, and upon demand reimburse, CFSP for all expenses incurred in registering a financing statement or financing change

statement on the Personal Property Securities Register established by the PPSA or releasing any Materials charged thereby;

(c) not register a financing change statement in respect of a security interest without the prior written consent of CFSP;

(d) not register, or permit to be registered, a financing statement or a financing change statement in relation to the Materials and/or collateral

(account) in favour of a third party without the prior written consent of CFSP;

(e) immediately advise CFSP of any material change in its business practices of selling the Materials which would result in a change in the

nature of proceeds derived from such sales.

13.4 CFSP and the Client agree that sections 96, 115 and 125 of the PPSA do not apply to the security agreement created by these terms and


13.5 The Client hereby waives its rights to receive notices under sections 95, 118, 121(4), 130, 132(3)(d) and 132(4) of the PPSA.

13.6 The Client waives its rights as a grantor and/or a debtor under sections 142 and 143 of the PPSA.

13.7 Unless otherwise agreed to in writing by CFSP, the Client waives its right to receive a verification statement in accordance with section 157

of the PPSA.

13.8 The Client shall unconditionally ratify any actions taken by CFSP under clauses 13.3 to 13.5.

13.9 Subject to any express provisions to the contrary (including those contained in this clause 13) nothing in these terms and conditions is

intended to have the effect of contracting out of any of the provisions of the PPSA.

14. Security and Charge

14.1 In consideration of CFSP agreeing to supply the Works, the Client charges all of its rights, title and interest (whether joint or several) in any

land, realty or other assets capable of being charged, owned by the Client either now or in the future, to secure the performance by the

Client of its obligations under these terms and conditions (including, but not limited to, the payment of any money).

14.2 The Client indemnifies CFSP from and against all CFSP’s costs and disbursements including legal costs on a solicitor and own client basis

incurred in exercising CFSP’s rights under this clause.

Checkpoint Fire Safety Products – Terms & Conditions of Trade

© Copyright – EC Credit Control 1999 – 2016 #33995

14.3 The Client irrevocably appoints CFSP and each director of CFSP as the Client’s true and lawful attorney/s to perform all necessary acts to

give effect to the provisions of this clause 14 including, but not limited to, signing any document on the Client’s behalf.

15. Defects, Warranties and Returns, Competition and Consumer Act 2010 (CCA)

15.1 The Client must inspect all Materials on delivery (or the Works on completion) and must within seven (7) days of delivery notify CFSP in

writing of any evident defect/damage, shortage in quantity, or failure to comply with the description or quote. The Client must notify any other

alleged defect in the Materials/Works as soon as reasonably possible after any such defect becomes evident. Upon such notification the

Client must allow CFSP to inspect the Materials or to review the Works provided.

15.2 Under applicable State, Territory and Commonwealth Law (including, without limitation the CCA), certain statutory implied guarantees and

warranties (including, without limitation the statutory guarantees under the CCA) may be implied into these terms and conditions (Non[1]Excluded Guarantees).

15.3 CFSP acknowledges that nothing in these terms and conditions purports to modify or exclude the Non-Excluded Guarantees.

15.4 Except as expressly set out in these terms and conditions or in respect of the Non-Excluded Guarantees, CFSP makes no warranties or

other representations under these terms and conditions including but not limited to the quality or suitability of the Materials/Works. CFSP’s

liability in respect of these warranties is limited to the fullest extent permitted by law.

15.5 If the Client is a consumer within the meaning of the CCA, CFSP’s liability is limited to the extent permitted by section 64A of Schedule 2.

15.6 If CFSP is required to replace any Materials under this clause or the CCA, but is unable to do so, CFSP may refund any money the Client

has paid for the Materials.

15.7 If CFSP is required to rectify, re-supply, or pay the cost of re-supplying the Works under this clause or the CCA, but is unable to do so, then

CFSP may refund any money the Client has paid for the Works but only to the extent that such refund shall take into account the value of

Works and Materials which have been provided to the Client which were not defective.

15.8 If the Client is not a consumer within the meaning of the CCA, CFSP’s liability for any defect or damage in the Materials is:

(a) limited to the value of any express warranty or warranty card provided to the Client by CFSP at CFSP’s sole discretion;

(b) limited to any warranty to which CFSP is entitled, if CFSP did not manufacture the Materials;

(c) otherwise negated absolutely.

15.9 Subject to this clause 15, returns will only be accepted provided that:

(a) the Client has complied with the provisions of clause 15.1; and

(b) CFSP has agreed that the Materials are defective; and

(c) the Materials are returned within a reasonable time at the Client’s cost (if that cost is not significant); and

(d) the Materials are returned in as close a condition to that in which they were delivered as is possible.

15.10 Notwithstanding clauses 15.1 to 15.9 but subject to the CCA, CFSP shall not be liable for any defect or damage which may be caused or

partly caused by or arise as a result of:

(a) the Client failing to properly maintain or store any Materials;

(b) the Client using the Materials for any purpose other than that for which they were designed;

(c) the Client continuing to use any Materials after any defect became apparent or should have become apparent to a reasonably prudent

operator or user;

(d) interference with the Works by the Client or any third party without CFSP’s prior approval;

(e) the Client failing to follow any instructions or guidelines provided by CFSP;

(f) fair wear and tear, any accident, or act of God.

15.11 In the case of second hand Materials, unless the Client is a consumer under the CCA, the Client acknowledges that it has had full

opportunity to inspect the second hand Materials prior to delivery and accepts them with all faults and that to the extent permitted by law no

warranty is given by CFSP as to the quality or suitability for any purpose and any implied warranty, statutory or otherwise, is expressly

excluded. The Client acknowledges and agrees that CFSP has agreed to provide the Client with the second hand Materials and calculated

the Price of the second hand Materials in reliance of this clause 15.11.

15.12 CFSP may in its absolute discretion accept non-defective Materials for return in which case CFSP may require the Client to pay handling

fees of up to ten percent (10%) of the value of the returned Materials plus any freight costs.

15.13 Notwithstanding anything contained in this clause if CFSP is required by a law to accept a return then CFSP will only accept a return on the

conditions imposed by that law.

16. Intellectual Property

16.1 Where CFSP has designed, drawn, written plans or a schedule of Works, or created any products for the Client, then the copyright in all

such designs, drawings, documents, plans, schedules and products shall remain vested in CFSP, and shall only be used by the Client at

CFSP’s discretion. Under no circumstances may such designs, drawings and documents be used without the express written approval of


16.2 The Client warrants that all designs, specifications or instructions given to CFSP will not cause CFSP to infringe any patent, registered

design or trademark in the execution of the Client’s order and the Client agrees to indemnify CFSP against any action taken by a third party

against CFSP in respect of any such infringement.

16.3 The Client agrees that CFSP may (at no cost) use for the purposes of marketing or entry into any competition, any documents, designs,

drawings, plans or products which CFSP has created for the Client.

17. Default and Consequences of Default

17.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a

half percent (2.5%) per calendar month (and at CFSP’s sole discretion such interest shall compound monthly at such a rate) after as well as

before any judgment.

17.2 If the Client owes CFSP any money the Client shall indemnify CFSP from and against all costs and disbursements incurred by CFSP in

recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, CFSP’s contract

default fee, and bank dishonour fees).

17.3 Further to any other rights or remedies CFSP may have under this contract, if a Client has made payment to CFSP, and the transaction is

subsequently reversed, the Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by CFSP

under this clause 17 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Client’s obligations

under this agreement.

Checkpoint Fire Safety Products – Terms & Conditions of Trade

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17.4 Without prejudice to CFSP’s other remedies at law CFSP shall be entitled to cancel all or any part of any order of the Client which remains

unfulfilled and all amounts owing to CFSP shall, whether or not due for payment, become immediately payable if:

(a) any money payable to CFSP becomes overdue, or in CFSP’s opinion the Client will be unable to make a payment when it falls due;

(b) the Client has exceeded any applicable credit limit provided by CFSP;

(c) the Client becomes insolvent or bankrupt, convenes a meeting with its creditors or proposes or enters into an arrangement with

creditors, or makes an assignment for the benefit of its creditors; or

(d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.

18. Cancellation

18.1 Without prejudice to any other remedies CFSP may have, if at any time the Client is in breach of any obligation (including those relating to

payment) under these terms and conditions CFSP may suspend or terminate the supply of Works to the Client. CFSP will not be liable to the

Client for any loss or damage the Client suffers because CFSP has exercised its rights under this clause.

18.2 CFSP may cancel any contract to which these terms and conditions apply or cancel delivery of Works at any time before the Works are

commenced by giving written notice to the Client. On giving such notice CFSP shall repay to the Client any sums paid in respect of the Price,

less any amounts owing by the Client to CFSP for Works already performed. CFSP shall not be liable for any loss or damage whatsoever

arising from such cancellation.

18.3 In the event that the Client cancels the delivery of Works the Client shall be liable for any and all loss incurred (whether direct or indirect) by

CFSP as a direct result of the cancellation (including, but not limited to, any loss of profits).

18.4 Cancellation of orders for products made to the Client’s specifications, or for non-stocklist items, will definitely not be accepted once

production has commenced, or an order has been placed.

19. Dispute Resolution

19.1 If a dispute arises between the parties to this contract, then either party shall send to the other party a notice of dispute in writing adequately

identifying and providing details of the dispute. Within fourteen (14) days after service of a notice of dispute, the parties shall confer at least

once, to attempt to resolve the dispute. At any such conference each party shall be represented by a person having authority to agree to a

resolution of the dispute. In the event that the dispute cannot be so resolved either party may by further notice in writing delivered by hand or

sent by certified mail to the other party refer such dispute to arbitration. Any arbitration shall be:

(a) referred to a single arbitrator to be nominated by the President of the Institute of Arbitrators Australia; and

(b) conducted in accordance with the Institute of Arbitrators Australia Rules for the Conduct of Commercial Arbitration.

20. Privacy Act 1988

20.1 The Client agrees for CFSP to obtain from a credit reporting body (CRB) a credit report containing personal credit information (e.g. name,

address, D.O.B, occupation, previous credit applications, credit history) about the Client in relation to credit provided by CFSP.

20.2 The Client agrees that CFSP may exchange information about the Client with those credit providers and with related body corporates for the

following purposes:

(a) to assess an application by the Client; and/or

(b) to notify other credit providers of a default by the Client; and/or

(c) to exchange information with other credit providers as to the status of this credit account, where the Client is in default with other credit

providers; and/or

(d) to assess the creditworthiness of the Client including the Client’s repayment history in the preceding two (2) years.

20.3 The Client consents to CFSP being given a consumer credit report to collect overdue payment on commercial credit.

20.4 The Client agrees that personal credit information provided may be used and retained by CFSP for the following purposes (and for other

agreed purposes or required by):

(a) the provision of Works; and/or

(b) analysing, verifying and/or checking the Client’s credit, payment and/or status in relation to the provision of Works; and/or

(c) processing of any payment instructions, direct debit facilities and/or credit facilities requested by the Client; and/or

(d) enabling the collection of amounts outstanding in relation to the Works.

20.5 CFSP may give information about the Client to a CRB for the following purposes:

(a) to obtain a consumer credit report;

(b) allow the CRB to create or maintain a credit information file about the Client including credit history.

20.6 The information given to the CRB may include:

(a) personal information as outlined in 20.1 above;

(b) name of the credit provider and that CFSP is a current credit provider to the Client;

(c) whether the credit provider is a licensee;

(d) type of consumer credit;

(e) details concerning the Client’s application for credit or commercial credit (e.g. date of commencement/termination of the credit account

and the amount requested);

(f) advice of consumer credit defaults, overdue accounts, loan repayments or outstanding monies which are overdue by more than sixty

(60) days and for which written notice for request of payment has been made and debt recovery action commenced or alternatively that

the Client no longer has any overdue accounts and CFSP has been paid or otherwise discharged and all details surrounding that

discharge (e.g. dates of payments);

(g) information that, in the opinion of CFSP, the Client has committed a serious credit infringement;

(h) advice that the amount of the Client’s overdue payment is equal to or more than one hundred and fifty dollars ($150).

20.7 The Client shall have the right to request (by e-mail) from CFSP:

(a) a copy of the information about the Client retained by CFSP and the right to request that CFSP correct any incorrect information; and

(b) that CFSP does not disclose any personal information about the Client for the purpose of direct marketing.

20.8 CFSP will destroy personal information upon the Client’s request (by e-mail) or if it is no longer required unless it is required in order to fulfil

the obligations of this agreement or is required to be maintained and/or stored in accordance with the law.

20.9 The Client can make a privacy complaint by contacting CFSP via e-mail. CFSP will respond to that complaint within seven (7) days of receipt

and will take all reasonable steps to make a decision as to the complaint within thirty (30) days of receipt of the complaint. In the event that

the Client is not satisfied with the resolution provided, the Client can make a complaint to the Information Commissioner at

Checkpoint Fire Safety Products – Terms & Conditions of Trade

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21. Unpaid Seller’s Rights

21.1 Where the Client has left any item with CFSP for repair, modification, exchange or for CFSP to perform any other service in relation to the

item and CFSP has not received or been tendered the whole of any monies owing to it by the Client, CFSP shall have, until all monies owing

to CFSP are paid:

(a) a lien on the item; and

(b) the right to retain or sell the item, such sale to be undertaken in accordance with any legislation applicable to the sale or disposal of

uncollected Materials.

21.2 The lien of CFSP shall continue despite the commencement of proceedings, or judgment for any monies owing to CFSP having been

obtained against the Client.

22. Service of Notices

22.1 Any written notice given under this contract shall be deemed to have been given and received:

(a) by handing the notice to the other party, in person;

(b) by leaving it at the address of the other party as stated in this contract;

(c) by sending it by registered post to the address of the other party as stated in this contract;

(d) if sent by facsimile transmission to the fax number of the other party as stated in this contract (if any), on receipt of confirmation of the


(e) if sent by email to the other party’s last known email address.

22.2 Any notice that is posted shall be deemed to have been served, unless the contrary is shown, at the time when by the ordinary course of

post, the notice would have been delivered.

23. Building and Construction Industry Payments Act 2004

23.1 At CFSP’s sole discretion, if there are any disputes or claims for unpaid Materials and/or Works then the provisions of the Building and

Construction Industry Payments Act 2004 may apply.

23.2 Nothing in this agreement is intended to have the effect of contracting out of any applicable provisions of the Building and Construction

Industry Payments Act 2004 of Queensland, except to the extent permitted by the Act where applicable.

24. General

24.1 The failure by either party to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it

affect that party’s right to subsequently enforce that provision. If any provision of these terms and conditions shall be invalid, void, illegal or

unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.

24.2 These terms and conditions and any contract to which they apply shall be governed by the laws of New South Wales, the state in which

CFSP has its principal place of business, and are subject to the jurisdiction of the courts in Queanbeyan, New South Wales.

24.3 Subject to clause 15, CFSP shall be under no liability whatsoever to the Client for any indirect and/or consequential loss and/or expense

(including loss of profit) suffered by the Client arising out of a breach by CFSP of these terms and conditions (alternatively CFSP’s liability

shall be limited to damages which under no circumstances shall exceed the Price of the Works).

24.4 Neither party shall assign or sub-contract all or any part of their rights and obligations under this agreement without the written consent of the

other party.

24.5 The Client agrees that CFSP may amend these terms and conditions by notifying the Client in writing. These changes shall be deemed to

take effect from the date on which the Client accepts such changes, or otherwise at such time as the Client makes a further request for

CFSP to provide Works to the Client.

24.6 Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other

event beyond the reasonable control of either party.

24.7 Both parties warrant that they have the power to enter into this agreement and have obtained all necessary authorisations to allow them to

do so, they are not insolvent and that this agreement creates binding and valid legal obligations on them.