Acceptance of a BOSS Industrial invoice automatically constitutes acceptance of the following Terms & Conditions of Trading
1. The Customer guarantees to comply with and abide by the Terms and Conditions contained in
this document as set by the W.A. Supreme Court judgement 1990.
2. Terms and Conditions of Trading are Cash on Delivery unless otherwise specified by the
management.
3. Until payment of the invoice price the title to any Goods or Services supplied shall not pass to
the Customer, and upon non-payment within the trade terms, the
Supplier shall have the right, and is hereby authorised by the Customer, to enter into and upon
any premises or vehicle, where the goods may be stored or in use from time to
time, and even if they are considered fixtures, under control of a third party, with or without
others, with such force as is necessary, and to retake possession of and remove the same,
and the Customer hereby indemnifies the Supplier against any claim, action or damages arising
out of any such action, and against the cost of the same.
4. If the Customer defaults in payment of any monthly account, then ALL monies owing to the
Supplier shall be immediately due and payable and,
“A” the debt will be subject to collection charges which will Ipso Facto be added to the account, and
Interest at the rate under The Magistrates Court (Civil Proceedings) Act 2004 and Civil
Judgements Enforcements Act2004 will be claimed up to and including the date on which the
debt is paid in full and:
“B” All expenses incurred by the Supplier in recovering the monies due, Including Solicitors
charges, All Debt Collectors Fees up to and including Forty percent of the amount owing, Court
Costs, Process serving Costs, Disbursements, any costs in relation to Security documents,
and any Fees on Dishonour, shall be a debt due and owing to the supplier by the customer,
payment of which is hereby and herein guaranteed under any and all circumstances.
5. The Supplier will make every reasonable effort to ensure the best quality available at the time,
correct operation of the Goods and/or Services provided, and any or all device or devices supplied,
fitted or repaired, but is hereby indemnified from any responsibility for any damage, caused in any
way, by any other device or devices which may be operating in conjunction, which may not be in a
sound operating condition.
6. In the case of a Trust, the Customer guarantees that the assets of the Trust will be available to pay
any amounts of money due and owing by the Customer to settle the Suppliers’ accounts.
7. Regardless of any application to the contrary, the operations of the Supplier are governed by the
Laws of Western Australia, and any action instituted by the Supplier against the Customer, and/or
any action instituted by the Customer against the Supplier, will take place under the Laws of
Western Australia, and in the Courts, (regardless of the amount) which are located in the City of
Perth.
8. This Invoice has been registered on the P.P.S.R. as a Security interest for Security of Possession
against Insolvency.