4. Discounts
4.1 Any volume, category or other discount will only apply if the Customer and the Company agree in writing.
5. Credit granting and payment
5.1 The Company may accept an Order and allow credit for part or all of its value or may accept an Order and require pre-payment as a condition of delivery.
5.2 Credit approval once granted may be withdrawn at any time. Where credit approval has not been granted, or is withdrawn, payment for all Products supplied is required before delivery (cash or cleared funds). Where credit has been approved for the Customer, all Tax Invoices issued by the Company are due and payable by the date for payment agreed in writing by the Customer and the Company, but if no agreement in writing is made, then thirty (30) days from the date of the Tax Invoice provided by the Company to the Customer regarding Products ordere.d.
6. Credit Policy and Default
6.1 In the event that the Customer fails to make any payment payable pursuant to the Ts&Cs within the payment terms or breaches any of the warranties, obligations or agreements, the Customer shall be in default.
6.2 The Company may charge interest on all amounts not paid by the Customer within the term for payment at a rate of 1.5% per calendar month calculated from the due date and accruing monthly therefrom until the date of payment.
6.3 If the Customer is in default the Customer must reimburse and indemnify the Company from and against all expenses, costs and disbursements incurred by the Company in pursuing the debt including all reasonably charged legal costs on a "solicitor and own client" basis and the fees charged to the Company by any mercantile agency. If the Customer fails to pay any amount by the due date, the Company may at its sole discretion:
(a) cancel any provision of credit to the Customer;
(b) reverse any rebates or discounts allowed;
(c) change credit payment terms including require cash pre-payment for any further Products ordered;
(d) provide to a credit reporting agency details of the payment default;
(e) commence legal proceedings against the Customer (and any guarantors) for all outstanding amounts, interest and costs;
(f) decline to supply Products to the Customer and terminate this and any other agreement with the Customer; and;
(g) exercise any other rights at law including pursuant to the PPS Act.
6.4 A certificate of debt signed by a representative of the Company shall be prima facie evidence and proof of money owing by the Customer to the Company at the time of the certificate.
7. GM'
7.1 Unless expressly included all amounts of consideration expressed or described in any quotation or agreement are exclusive of GST. The Customer must pay an additional amount equal to any applicable GST. The additional amount must be paid when the other consideration is payable or at any earlier time that the Company is obliged to pay or allow credit for the GST.
8. Delivery
8.1 Delivery of the Products shall be deemed to have taken place when:
(a) the Customer takes possession of the Products at the Company's address if the Products are collected; or
(b) a third party carrier takes possession of the Products in which event the carrier shall be deemed to be the Customer's agent.
8.2 The Customer's nominated address shall be the address specified in the Commercial Account Application Form or otherwise notified in writing by the Company.