Terms Of Trade

  1. Agreement
    •  These are the terms and conditions upon which Advanced Performance Industries Pty Ltd (API) supply products or services to you, and includes our website terms of use, our privacy policy and any other legal policies published by us, which form a legally binding agreement between us and you.
    • When we talk about ‘we’, ‘us’, ‘ours’, ‘API’, or “Advanced PI”, we mean Advanced Performance Industries Pty Ltd ABN 38 649 434 042 of 26 Len Shield Street, Paget, Mackay, Queensland 4740.
    • When we talk about ‘you’, ‘the account holder’, ‘your account’ or ‘yours’, this means you our customer, your business, employees, and assigns as well as the user and end user of our website (either as a guest, customer, account holder or otherwise), as well as the purchaser or end user of our products and services, including your customers or clients if you purchase our products or services for some other person or entity.
  2. Acknowledgement and Acceptance
    • These terms, together with any of our other terms (for example finance or credit terms, guarantee and indemnity terms) form a legally binding agreement:
      • whether they are hard copy or electronic;
      • whether they are signed or acknowledged by you or by us (or not);  and
      • you expressly and irrevocably warrant and agree that you are automatically bound to our terms of trade without your signature or electronic consent:
        • you place an order with us, pay a deposit or any amount towards or in full payment of any of our products or services or make any request of us to supply you with products, services, information, or assistance; and
        • when you apply for an account on our website, or you seek credit or finance terms from us.
      • You further expressly and irrevocably warrant and agree that:
        • you have the ability, intention, authority, and legal capacity to enter into a legally binding agreement with us;
        • you and the entity you represent are not bankrupt, in administration or insolvent or subject to any risk of bankruptcy, administration, deed of arrangement or insolvency;
        • the person placing any order or communicating with us is duly authorised to do so; and
        • our agreement is with the account holder, with no requirement on us to ensure that the person or any entity placing or completing the order, request, payment or pick up has the necessary capacity or authority to do so.
      • These terms prevail over any inconsistent communication, advertising, or representation, which are specifically excluded, and this forms the entire agreement between you and us.
  3. Amendments
    • We may update or amend our terms of trade in the future, and if you place further orders or business with us, you acknowledge and agree that our terms of trade may have changed. Any amended or new terms, conditions or provisions will apply from the date we update our terms or legal policies and publish these terms on our website.
    • You expressly agree that you are bound by any updated terms in place at the time of your request.
    • Please remember that the ‘last updated’ notification at the top of our terms is to help you keep track of any changes, so please check with us regularly. If you are a regular customer, we recommend that you check our website for updates before you place your order. If you place a further order or request products or services from us after amendments or updates have been made, then you expressly accept all changes as at the time that your order or request is placed with us.
  4. Privacy
    • Privacy is important to us. We ask that you now read and understand our Privacy Policy, which tells you how we collect, store, and use your data. If you have any questions or concerns, please tell us in writing by emailing us at: sales@advancedpi.com.au.
  5. Prices & GST
    • Prices:All of our prices are in Australian (AUS) dollars and inclusive of GST (Goods and Services Tax Australia), unless we notify you otherwise.
    • GST:Under all circumstances you are liable to pay GST (when it applies) and any additional, taxes, duties, tariffs, and levies, and all charges that might be added by any third party or incurred because of the transaction. You agree not to ask us to waive, reduce, remove, or bear any of these costs ourselves.
    • Purchasing outside of Australia: If you use currency other than Australian dollars or pay for goods using a bank or credit provider outside of Australia, your transaction may be impacted by currency fluctuations which we cannot predict and are not liable to you for. You are solely liable for all charges of any kind associated with currency conversion, credit facility or bank charges, and any charges because of the payment method you select. This includes all government imposed fees, taxies, or levies.
  6. Payments and Transfer of Ownership
    • The payment methods that we accept are displayed on our website/s, and all products and services must be paid in full prior to despatch, collection, or provision.
    • We retain full legal title and ownership of goods and title shall not pass in any product you buy until fully cleared payment of all amounts owed is received by us, and you have met all obligations under these terms and conditions.
    • Where payment is made via our shopping cart, another platform, app, credit facility or method other than cash payment, then payment (and title to our products) does not pass to you until your payment has been cleared or honoured and receipted by us. Until this time, if our products are in your possession then you act as a bailee only and must return any product to us immediately upon our request.
    • We may bring legal proceedings against you to recover all monies in relation to our products sold to you even though ownership of the products has not yet passed to you.
    • You warrant to us that until full ownership of our products passes to you that you hold suitable insurance (and that the benefit of that insurance cover or policy) is held on trust for us. If any product is destroyed, lost, damaged, or otherwise negatively impacted while you hold our product as bailee then you further warrant that you will make a claim, for our benefit,  on your insurance without delay and at your own risk, expense and by using your own resources to do so. You irrevocably agree to pay us the proceeds of any insurance claim, payment or settlement that relates, in any way, to our products and this payment must be made to full satisfy the full replacement value of the product by us, including any loss of profit, and that such payment will be made without set-off, reduction, retention or deduction of any excess or other amount of money, loss, damage or charges.
    • You irrevocably agree that you must not (and will not) sell, dispose, part possession, encumber, charge, provide any security interest over or deal with any product belonging to us other than in the ordinary course of business and market value.  You must not retain or refuse to return to us, upon our demand and without delay, any product in which we retain legal ownership. If you do sell, dispose, part possession or deal with any product legally owned by us then you must pay to us, upon demand and without delay, for the full replacement value of the product or products (including our loss of profit), and that you must not apply any set-off, reduce, deduct, or discount.
    • Until full legal ownership has passed to you, you must not, under any circumstances modify, change, seek to improve, repair, tamper with or convert or apply any process to our product that is not expressly authorised in writing by us. In addition to, and without limitation of, any other legal rights that we may have to recover products owned by us or compensation for any loss of damage by us, you irrevocably authorise us to enter any premises owned or occupied by you (whether in part or whole) if we hold a reasonable belief that our product may be stored or held at that premises.
    • Goods being transported to, or by you, may be stopped by us and our goods may be recovered. If we incur any form of loss, delay, or damage in doing so, you irrevocably agree to reimburse us for such loss, delay, or damage.
  7. Personal Property Securities Act 2009 (“PPSA”)
    • In this clause 7 the following terms have the following meanings
      • PPSA means the Personal Property Securities Act 2009 (Cth).
      • PPSR means the Personal Property Security Register https://www.ppsr.gov.au/.
      • Security interest, financing statement, financing charge, control and all have the meaning given to them in the PPSA.
    • Ownership in the products purchased does not pass to you (or your customer) until you have paid in full all amounts owing by you under this agreement including the purchase price, delivery fees, interest, and other charges, including enforcement costs if applicable.
    • When you enter into a credit arrangement with us, you acknowledge and agree that these terms and conditions form a security agreement for the purpose of the PPSA and create our security interest in:
      • all products previously provided by us to you; and
      • all products that will be supplied by us to you in the future.
    • You agree we may protect our right to payment in full for the products provided to you, and any other amounts due from you to us pursuant to this agreement, by registering our security interest on the PPSR over “all present and after acquired property”, or in any other way we register our interest.
    • You agree to promptly do anything (such as obtaining consents, signing, and producing documents, getting documents completed and signed and supplying information) we ask for which is reasonably necessary for the purpose of:
      • ensuring that our security interest is effective, enforceable, and perfected; or
      • enabling us to apply for any registration, or give any notification in connection with the security interest  so that the security interest has the priority for payment required by us; or
      • enabling us to exercise rights in connection with our security interest.
    • You agree:
      • to provide at least 10 business days’ notice of any change to your business name, or any other information which might affect the details recorded by us in an application for PPSR registration; and
      • not to change your place of business to a jurisdiction outside of Australia.
    • Each party must pay their own costs of fulfilling their obligations under this clause 7, and neither party will be responsible for any costs or expenses incurred or payable by the other party in relation to registering, maintaining, or releasing any security interest, financing statement or financing change statement or giving any notice in relation to a security interest. For avoidance of doubt, this clause specifically excludes any interest or enforcement costs incurred by us, which we are entitled to seek from you.
    • The parties agree that to the extent they may be excluded by law:
      • we do need give you the notices referred to in sections 95, 118, 121(4), 125, 130, 132(3)(d), 132(4) or other provision of the PPSA notified to you by us after the date of our credit arrangement; and
      • neither we nor any receiver need give any notice required under any provision of the PPSA except as required under section 135.
    • This clause applies despite any other clause in this agreement or related agreement.
  8. Secure Payments
    • We use industry standard encryption on our platforms, including our shopping cart, to keep your personal information secure throughout the payment process.
    • We do not permanently store your credit card or bank information. We will not be liable for any damages or losses (whether direct or indirect) caused if your payment method, card, or account is used fraudulently or if your payment incurs addition costs because of any issue that arises during or as a result of our payment platform or the payment method that you elect to use.
  9. Advertised Prices
    • Prices that we advertise are subject to change at our discretion.
    • If we make a change, it is effective immediately upon the earlier of us posting the new price on our website/s or advising you of the change via any method of communication, for example, phone or face to face communication, email, newsletter, members update, promotion (or the end of promotion) or via our social media pages.
  10. Offers & Promotions
    • If we place an offer on our website, it is restricted to the terms and conditions that we will publish with that offer. We are not obliged to extend any promotion or to re-offer again. We do not provide ‘rain checks’.
  11. Ordering online   
    • If you place an online order, we will process your payment and provide you with order confirmation by email. Our email does not guarantee availability of the product. It confirms that you have placed an order.
    • We do our best to keep our inventory and website up to date and do not expect this to occur, but occasionally products can move very quickly.
  12. Product Availability & Order Changes
    • When a product becomes unavailable, we will not be able to sell or deliver it to you. Products can and do sell out, become obsolete, modified, discontinued, delayed or unavailable for sale or delivery for a variety of reasons. We may be able to wait list a product, but we make no warranty, promise or guarantee.
    • We do not warrant that we products will arrive before manufacturers parts or parts supplied by any other business or entity, and we are not responsible if our product becomes delayed or unavailable and you suffer any form of delay, loss, or damage as a result of this. As one example, if our product is delayed or unable to be sold and you pay a higher price to buy a similar product elsewhere. If the product is or becomes unavailable after we have received your order, we will provide you with a full credit or refund, depending on the payment method you used. If monies are owing to us by you on account, then we will offset any credit against outstanding monies owed by you to us, before paying any balance to you.
    • If you ask to change an order (add product, remove product, change any order particulars) and we are reasonably able to do so, without us incurring any form of loss, damage, or expense in doing so, then we will act reasonably in trying to accommodate your expense. You irrevocably agree that should any result in delay, expense, loss or incur extra charges, these will be passed on by us to you for payment.
  13. Transfer of Risk
    • Immediately any product leaves our premises you assume all risk, not us. This means that, you assume all risk for any delay, damage, theft, fire, loss or other event or cause of loss, damage, or delay.
    • Without exception it is your sole responsibility to ensure that you or any carrier, transporter, logistics or supply chain carrier, courier, storage facility or transit process is fully insured or that you hold insurance for the full replacement value of the product, including any loss or damage you may incur as a result of goods not arriving, not arriving on time, arriving damaged, being misplaced, misdirected, stolen or otherwise unaccounted for.
    • You must always claim on your own or your logistics providers insurance and not seek any reimbursement for loss or damage from us or via our insurers. You expressly agree that you have assumed all risk and will indemnify us against all liability arising out of transport, storage, and logistics.
  14. Website Terms of Use
    • Our website and our associated social media pages are made available by Advanced Performance Industries Pty Ltd ABN 38 649 434 042. Please use this link to access our Website Terms of Use
  15. Damage Event / Force Majeure
    • A damage event is something that is outside of  your or our control. Examples include delay or failing beyond your or our reasonable control because of severe weather events, flood, fire, natural disasters, pandemic restrictions, government health directions or the spread of disease across business or industries related to the manufacture, supply and importing or distribution of products that we sell, war, international trade restrictions, explosions, industrial action, supply chain disruption, together with third party acts or omissions, unforeseen delay in manufacturing or material availability. Cyber breach, interruption to internet services, virus, hacking, software, hardware, or communication network failure are outside of our control and are considered a damage event.
    • To the extent permitted by Australian Consumer Law we are not liable for any loss, delay, costs, charges, fees, or damage occasioned by or because of a damage event.
  16. Warranty
    • All goods sold in Australia come with guarantees that cannot be excluded under the Australian Consumer Law and you are entitled to under Australian Consumer Law to seek:
      • a replacement or refund (at your election) for a major failure, and compensation for any other reasonably foreseeable loss or damage; and
      • to have the goods repaired or replaced if the goods fail to be of acceptable quality but that failure does not amount to a major failure (minor fault).
    • A twelve (12) month manufacturer warranty applies to products sold by API.
    • If there is a major or minor manufacturing fault, we may refer you to the manufacturer of the goods you have purchased.
    • We do not offer or sell any form of extended warranty.
    • There may be circumstances in which you are not entitled to a remedy or other remedies may be available to you. For further information about the Australian Consumer Law and consumer guarantees, visit consumerlaw.gov.au.
  17. Refunds and Returns Policy
    • Without limitation of your rights under Australian Consumer Laws:
      • if the product is faulty and cannot be used for the intended purpose, stop using the product immediately and contact us and we will refer you to our supplier’s warranty team;
      • we or our supplier may require that the goods be returned for inspection and/or that further information, including photographs, be provided;
      • we are not responsible for misuse or any loss or damage arising from any act or omission that is inconsistent with the intended use of our product, and you must act reasonably when installing, using, or maintaining any product;
      • we are not responsible for fair wear and tear, and this, along with misuse and use or installation that is inconsistent with the intended use are not an issue, fault, that we can be held responsible for; and
      • you must give us a reasonable opportunity to discuss and rectify or resolve any issue before you take any legal action. We consider that 21 days is a reasonable time for us to reply to you.
  18. Change of Mind
    • Please make all necessary enquiries prior to placing your order with us, as refunds are not normally provided where you simply change your mind, make an incorrect decision or selection or if you find the goods cheaper elsewhere.
    • If we do grant you a change of mind refund, account credit or credit note, this is at our sole discretion and without obligation to do so, or to continue to do so (in the absence of product fault).
    • At all times when you purchase after-market products from API, you are expressly and irrevocably representing and guaranteeing to us that you have made all necessary enquiries to satisfy yourself of the suitability of our products and to understand and take all necessary and reasonable steps to mitigate any risk associated with fitting after-market products to your equipment.
    • We are not liable if the original brand warranty covering any machinery you fit our products too is voided.
  19. Disclaimers
    • To the extent permitted by law, we will not be liable for any loss or damage arising from any product, whether direct, indirect, special, incidental, or consequential, including warranty, contract, negligence or other legal cause or reason.
    • We will not be liable for other claims or damages, including, but not limited to, a claim for faulty design, negligent or misleading advice, damages arising from loss or use of the product and any indirect, incidental, or consequential damages or injury to any person, corporation, or other entity.
    • If you do not know how to use our product safely, or if you suspect a fault or damage that may interfere with the proper use or function of our products, you mustimmediately stop using the product.
    • Our advertising is based upon licenced images that we have purchased and are legally able to display and use. They are examples and illustrations only.
    • We are only selling after-market products and services. We do not represent or warrant any affiliation with any  brand or manufacturer of that brand. If we use OEM part numbers, we do so only for the purpose of identifying which of our parts may be compatible as an after-market substitution for genuine or manufacturers warranted parts.
    • Our use of OEM part numbers does not mean that the product is an OEM part or alter the fact that our parts and products are non-brand manufacture, non-brand affiliated, not warranted, tested, designed, manufactured, or approved by the original or branded manufacturer of the equipment for which you are installing our products or parts.
    • Any warranties that the brand or manufacturer that you purchased your original equipment or machinery from:
      • do not apply to the purchase of products and services obtained from us;
      • are specifically excluded by us as we have no relationship with your original manufacturer, brand, or seller and have no authority to grant or extend any warranties to you on their behalf;
      • may be voided by the original manufacturer or brand of your equipment or machinery by virtue of you choosing to purchase an after-market replicated part such as ours.
    • You accept that after-market products and services are sold with the aim of providing what may be a cheaper or more readily available option available.
    • You agree that we have not warranted, promised, or guaranteed in any way that our product or services are:
      • the best or most cost effective solution for the equipment or machinery for which it is to be used by you or your customer; or
      • it will be the most convenient or cost effective solution.
    • You expressly and irrevocably agree that when you purchase an after-market product you assume all liability, responsibility and consequences that may flow from your decision, your purchase, installation or use of our product or services.
    • You expressly and irrevocable agree to indemnify us to the fullest extent permitted by law for all such loss or damage; however, it arises, in relation to the use of any of our after-market products or services including but not limited to the voiding of original manufacturer or brand warranties by fitting after-market products.
    • You further expressly agree that should any remedy be available to you against us, that remedy is strictly limited, to a refund of the product price you paid to us and nothing more. Any remedy must not exceed the purchase price of the product or service in question.
  20. Limitation of liability
    • Notwithstanding clause 16 we limit our liability for major or minor failures in any product provided to you (at our election as allowed by section 64A of the ACL) to:
      • (a) replacement of the product or part of the product; or
      • (b) refund to you of the unit cost of the product or part of the product.
    • In all other circumstances, to the fullest extent permitted by law, and without limiting the application of the ACL, you agree the total aggregate liability to us for any claim(s) by you in respect of any product or service we provide to you, together with any other claim arising out of this agreement, is limited to the total amount paid by you to us for that product or service. We are not liable for any other loss or claims by you and we are not liable to you for indirect or consequential loss or expense (including loss of profit).
    • This limitation of liability survives any termination or expiration of this agreement, or your use of our services or goods.
  21. Indemnity
    • You agree to indemnify and defend us to the fullest extent allowed by law from all claims, damages, liabilities, costs, or expenses (including without limitation court costs, collection costs, and reasonable legal fees) related to:
      • (a) your breach of our terms; and
      • (b) the use or misuse, modification or repair of our products and services not expressly authorised in writing by us.
    • This does not limit our obligation to comply with lawful directions given to us by government, courts, law enforcement. If we are directed to provide information about your use of our website/s and the direction is lawful, then we will comply.
  22. Copyright, Trademarks, and other Intellectual Property  
    • Our name,Advanced Performance Industries or API, is owned by and belongs to us.
    • We also own  our logo’s, trademarks, copyright, images or recordings, products and services, designs and concepts, products, parts, services, API model numbers and configurations, business plan, customer and supplier contact details, price lists, advertising, and marketing campaigns. We collectively call each of the above our “intellectual property” and our intellectual property is owned by us, whether it is registered or not.
    • You are prohibited from any action that is associated, whether in whole or part, except as expressly authorised in writing by us that involves or results in:
      • copying, imitating, replicating, reverse engineering or modifying any of our intellectual property;
      • promoting, exploiting, on-selling, distributing, marketing, or advertising our intellectual property;
      • on-selling, distributing our products and services as belonging to you and not us;
      • creating any derivative work or product or in any way exploiting or allowing others to exploit any of our intellectual property.
    • Images and item descriptions posted on our website by third parties are the responsibility of those third parties and may be subject to copyright. You must seek permission from the third party before using any of their content.
    • We urge you to contact us if you are uncertain about whether you have permission to use our intellectual property.
  23. Trust Provisions
    • If at any time before or after receiving products or services from us on finance or credit terms you are acting in the capacity of a trustee for any Trust, you must disclose this to us.
    • You warrant and agree that you have full authority and power under the Trust to enter into all of our terms and conditions including our finance or credit terms and our terms of sale and that the terms of the Trust will not restrict, limit, or impede our ability to recover under any agreement we have with you.
    • You irrevocably warrant and agree that the following will not occur without our consent in writing –
      • the Trust will not be altered, varied, or resettled; and
      • the trustee will be removed, replaced, or retired; and
      • alter or vary the terms of the Trust or advance or distribute capital of the Trust; and
      • that each and every right that we have under these terms and all of our legal terms and conditions, and policies shall extend to all rights of indemnity you have now or in the future against the Trust and the trust fund.
  24. CREDIT APPLICATIONS
    • Where a customer makes a Credit Application, the customer will be required to complete a Credit Application which includes a Guarantee and Indemnity in favour of API.
  25. Correct Information
    • The customer warrants that the information supplied in the Credit Application is true and correct and free from omissions as at the date the application is submitted, and that once submitted the Credit Application forms a binding agreement between API and the customer.
    • The customer warrants that:
      • It is currently trading and able to meet its bills and financial obligations when they fall due;
      • it is not aware of any event current or upcoming that would negatively impact its ability to pay for the goods supplied under the credit facility;
      • it has not entered into any arrangement with its creditors; and
      • it, or any of its legal officers (for example directors), been declared bankrupt or entered into an arrangement under the Bankruptcy Act 1966 (Cth).
    • The Customer acknowledges that API is relying on the accuracy of the information and warranty provided.
  26. Credit Account Process
    • The Credit Application may or may not be approved by API in its absolute discretion.
    • The Customer agrees it may not access any credit until approval has been provided by API in writing.
    • The Customer and Guarantor(s) consents to API completing a credit check of the Customer and/or any Guarantor(s) on the Credit Application (for example through Equifax).
    • The Customer agrees it will nominate a credit limit that it considers is within its financial capability and, if approved, this will be the maximum credit limit of the facility. The Customer must ensure its aggregate total of outstanding invoices at all times remains less than the maximum limit.
    • The Customer may apply in writing to increase or reduce the credit limit at any time. Any application to increase is subject to approval by API and may require an additional credit check. A reduction in the credit limit amount may be refused if the current outstanding aggregate of invoices is greater than the proposed reduced credit limit.
    • The credit amount may be reduced, suspended until further notice or terminated at any time by API.
    • If the Customer does not comply with the terms of trade or make required payments, API may cease supply under the credit arrangement.
    • All title in goods supplied on credit remains with API until payment has been made in full (this includes where the goods or product have been on-sold to a customer or installed within their premises). The Customer hereby authorises API or its solicitors to register this charge over assets on the PPS Register. The full PPSR clause from API’s Terms of Trade applies to this agreement.
    • The Customer agrees it will notify API within 3 business days of:
      • A change in the legal status, ownership, or control of the Customer;
      • An appointment of a liquidator or similar arrangement;
      • Any step being taken to sell more than 20% of the business assets of the Customer; and
      • API may take steps to suspend or terminate the credit facility in these circumstances.
  27. Credit Account Payments
    • Credit accounts must be paid on or before their due date in accordance with our payment terms (please see our invoices for payment terms).
    • Late payments will be charged interest at the then current RBA Cash Rate plus 5%, interest to be charged and compound monthly. We may also charge your account a late fee of $25 for each month your account is overdue. These charges are an actual reflection of the cost our business incurs in chasing late payments.
    • If we have to take steps to enforce a debt owed by you, you agree we may also charge our costs incurred including debt collection agency fees and/or solicitor fees (on a solicitor and own client basis).
  28. Credit Account Guarantee and Indemnity
    • A guarantee is an obligation to pay money owing by another person, where the Guarantor(s) becomes personally responsible, instead of, or as well as the Customer.
    • In providing this guarantee, the Guarantor(s) each warrant that they:
      • have had the opportunity to obtain their own independent legal and financial advice;
      • have made their own assessment of the Customer’s ability to meet its obligations under this agreement;
      • understand the financial risks involved in providing a guarantee, for example, having to use their own money or sell their own property to pay the obligations of the Customer;
      • have not relied upon any representation or statement made by or on behalf of API in offering this guarantee;
      • understand that the Guarantor(s) can become responsible for additional amounts if the Customer increases their credit amount;
      • accept the full extent of their obligations under the guarantee; and
      • understand they can refuse to sign the Credit Application agreement.
    • The Guarantor(s) unconditionally guarantees the punctual payment to API of all amounts owing under the agreement including the amount due under the credit facility, interest, any fees or charges and the cost of enforcement if applicable.
    • The Guarantor(s) waives:
      • the right to claim any invalidity in the credit facility as a defence to a claim made by API pursuant to the guarantee; and
      • any right acquired by subrogation, contribution, reimbursement, or indemnification for payments made under the guarantee until all obligations of the Customer and any Guarantor have been paid and discharged in full.
    • The Guarantor(s) must pay the amount owing to API immediately on demand from API if the Customer does not pay any amount owing to API when due.
    • The guarantee continues until the Guarantor(s) are released in writing by API and cannot be revoked by the Guarantor(s). The guarantee continues even if the credit facility is varied or increased by the Customer or API.
    • API may release or come to a separate arrangement with any one or more of the Customer or other Guarantor(s), without affecting the liability of the remaining Guarantor(s).
    • The Guarantor(s) also indemnify API against all loss, damage, costs, and expenses incurred by API as a result of any failure by anybody to pay the amounts owing under this agreement on the due date.
    • An indemnity is an obligation to pay that money even if the Customer or any other person is not obliged to pay for any reason.
    • API may enforce the guarantee and/or indemnity, any security, and any other rights separately or together, and need not enforce any rights against the Customer or anyone else before enforcing the guarantee against the Guarantor(s).
    • The Guarantor(s) obligations under guarantee and indemnity continue and remain unaffected despite anything that happens to the Customer and despite API allowing the Customer to rectify any default at any time. For example, the Guarantor(s) obligations continue even if the Customer no longer operates a business, the Customer dies or is made bankrupt, if the Customer is a partnership and the partnership ends or the members change, or if the Customer is a company and it is dissolved or wound up.
    • The Guarantor(s) charges all property, both equitable and legal, present, or future of the Guarantor(s) in respect of any monies that may be owing by the Customer or the Guarantor(s) to API under the credit facility or otherwise and hereby authorises API or its solicitors register this charge over assets of the Guarantor(s) with the Australian Securities and Investments Commission or upon the PPS Register.
    • The full PPSR clause in these Terms of Trade apply to API’s Credit Application, Credit Application Guarantees and Indemnities.
  29. General Provisions
    • Jurisdiction– these terms and this agreement are governed by the laws of the State of Queensland, Australia and you consent to the exclusive jurisdiction of Queensland.
    • Dispute Resolution– If a dispute arises out of these terms and conditions or because of us providing you with products or services, you must notify us in writing, giving us at least 21 days to respond, before instituting any proceedings
    • Relationship– you agree that no joint venture, partnership, employment, franchisor-franchisee, or agency relationship is intended, created, or exists between you and us by our terms, unless agreed expressly in writing by us.
    • Validity– if any part of these terms or these agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed replaced by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the terms and conditions will continue in effect.
    • Interest– late or non-payments and interest on monies due will be charged interest at the then current RBA Cash Rate plus 5%, interest to be charged and compound monthly. We may also charge your account a late fee of $25 for each month your account is overdue. These charges are an actual reflection of the cost our business incurs in chasing late payments.
    • Fees– we are entitled to recover from you all loss and damage we incur, including administrative costs, all legal fees incurred by us on a full indemnity basis, together with any court or tribunal fees incurred, bank or finance fees, and costs such as dishonour or reversal fees.
    • Joint and Several Liability– you expressly accept, warrant and irrevocably agree that all responsible officers or directors of your business are jointly and severally liable for all obligations under this agreement.
    • Assignment– we may assign our interests under this agreement without prior notice to you and without your consent or approval. You may not assign your interests under this agreement without our prior written consent.
    • No Waiver– any time or other indulgence granted by us or any failure or delay in us exercising or not exercising any right that we may have under these terms or by law will not in any way amount to a waiver of any of our rights or remedies under this agreement without our prior written consent.
    • Pricing or Administration Errors – if we make a mistake in the typing or otherwise on a quote, acceptance, offer, email, despatch or delivery note, specifications, or otherwise, you expressly agree that we may correct the error.
    • Notices– If you need to provide us with any legal notice, you can do that by emailing us at sales@advancedpi.com.au. We may provide legal notices to you via email, postage, social media, or any other electronic means allowed at law.

Our details if you need to contact us:

 

Business: Advanced Performance Industries Pty Ltd ABN 38 649 434 042
Telephone: Josh: 0458 814 820 Chris: 0488 927 667
Address: 26 Len Shield Street, Paget, Mackay, Queensland 4740
Email: sales@advancedpi.com.au

 

End.

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