Reseller Terms & Conditions
Terms and Conditions:
1. All accounts are strictly according to the agreed terms and conditions on the invoice from date of purchase.
2. Invoices will normally accompany goods.
3. Legal title to the goods remains with LASER Corporation Holdings (Supplier) until fully paid for and funds are cleared. Buyer agrees to hold the goods as bailee for Supplier.
4. Buyer shall take delivery of the goods at Buyers nominated delivery address arid risk in respect of the goods shall pass on such delivery.
5. Supplier may at any time terminate any contract relating to the goods and the bailment without notice to the Buyer and may thereupon take possession of the goods.
6. 10% of the original purchase price will be retained as for administrative and technical services for the goods returned at no Supplier's fault.
7. The Customer acknowledges and agrees that in respect of any goods supplied by Laser to the Customer, all rights, interests and title in and to such goods remains with LASER and will only pass to the Customer once the Customer satisfies all its existing payment obligations to LASER. Until all rights, interests and title in and to such goods passes to the Customer in accordance with this clause, the Customer must (i) hold those goods as LASER's fiduciary agent and bailee, (ii) insure the goods for their full replacement value, (iii) store the goods separately in a way that enables them to be clearly identified as the property of LASER, and (iv) not pledge, grant a security interest in or in any way charge by way of security for any indebtedness, any of the goods. The Customer acknowledges and agrees that LASER may demand the return and delivery of any goods that it has supplied to the Customer if the Customer is late in satisfying any of its payment obligations. If the Customer fails to return and deliver such goods immediately, LASER may, and the Customer must do all things necessary at its own expense to enable LASER to, enter the Customer's premises or that of any third party where the goods are stored to repossess the goods. This clause creates a security interest in favour of LASER, which LASER may perfect by effecting a registration on the Personal Property Securities Register (PPSR).
- Words and expressions used in this clause that are not expressly defined in these terms and conditions but which have a defined meaning in the Personal Property Securities Act 2009 (Cth) (PPSA) have the same meanings as in the PPSA.
- To secure all the Customer's present and future obligations, including without limitation its payment obligations, and liabilities to LASER (Secured Obligations), the Customer hereby grants a security interest in all its personal property and charges all its other property, including without limitation all its rights, title and interest in and to any land, by way of a charge to and in favour of LASER (Secured Property), without regard to the kind or location of the Secured Property, or whether the Secured Property is held by the Customer as beneficial owner, as trustee of a trust, or jointly with one or more persons. The Customer acknowledges and agrees that the security interest created under this clause attaches to the Secured Property in accordance with the PPSA and confirms that it has not agreed to postpone the time for attachment.
- The Customer is entitled to request LASER to discharge the charge and security interest created under this clause if
- it satisfies the Secured Obligations in full,
- all commitments that might give rise to any Secured Obligations are terminated, and
- no payment, conveyance or transfer to LASER in satisfaction of any Secured Obligation is void, set aside or voidable, or potentially void, capable of being set aside, or voidable.
- The Customer acknowledges and agrees that if it fails to fully satisfy any of its payment obligations to LASER, LASER may
- enforce its security interest and charge;
- declare the Secured Obligations immediately due and performable; or
- declare the Secured Obligations due and performable on demand.
- Without limiting anything else in these standard terms and conditions, the Customer consents to LASER registering the security interests and charges created under these standard terms and conditions on the PPSR and any other applicable registers, including without limitation the lodgement of one or more caveats or other such notices in respect of any land in and to which the Customer has any rights, title and interest.
- The Customer will not, without notice, change their name or initiate any change to any registered documentation, or act in any manner which would impact on the registered security interest of LASER;
- The Customer waives any right the customer has under the PPSA to:i. receive notice in relation to registration events; or ii. to claim any damages available under section 271 of the PPSA