Terms & Conditions

To the fullest extent legally possible, all dealings between CUBICONIQ PTY LTD ACN [insert ACN here] (& each of its subsidiaries, divisions, affiliates, associated & related entities & its successors & assigns) (“Cubiconiq”) & any Customer (“Customer”) relating to any goods or services are subject to the following Terms & Conditions of Trade (“these Terms”) unless otherwise agreed in writing.

1. Payments

(a) Unless otherwise agreed by Cubiconiq in writing, payment must be made without deduction, retention or set-off of any kind, upon completion of installation (or such other payment terms notified by Cubiconiq) and Cubiconiq reserves the right to require a deposit (of any amount it deems fit) to be paid at the time of the Customer placing its order;
(b) Cubiconiq may apply a payment received from the Customer to any amounts owed by the Customer (including interest, part payment of an invoice, administration, collection and other costs) in any order;
(c) Cubiconiq is entitled to set-off or deduct any amount payable by Cubiconiq to the Customer.

2. Interest

Interest is payable on overdue accounts at the rate prescribed under the Penalty Interest Rates Act 1983 (Vic) plus an additional 3% and a monthly admin fee of $25 will apply.

3. Property

(a) Property in goods will not pass until payment in full of all monies owed to Cubiconiq on any basis (“Full Payment”);
(b) Cubiconiq reserves the right to take possession and dispose of goods as it sees fit at any time until Full Payment and the Customer grants permission to Cubiconiq to enter any property where any goods are, in order to do so and with such force as necessary;
(c) Immediately upon delivery the Customer accepts liability for the goods;
(d) A certificate signed by an officer of Cubiconiq identifying goods and certifying that monies are owing to Cubiconiq will be conclusive evidence of Cubiconiq’s title thereto;
(e) Upon sale or disposition of goods prior to Full Payment the Customer agrees to hold all proceeds Upon Trust for Cubiconiq in a separate bank account, agrees not to mix proceeds with any other monies and will immediately account to Cubiconiq therefore even if Cubiconiq may have granted any credit facility and/or time to pay;
(f) Until Full Payment the Customer agrees:
   (i) to keep all goods as fiduciary for Cubiconiq and store them in a manner which shows Cubiconiq as owner;
   (ii) only to sell goods in the usual course of business;
   (iii) sale on terms, at cost or less than cost will not be “in the usual course”;
(g) Clause 3 is not intended to create a charge and must be read down to the extent necessary to avoid being a charge;
(h) If the Customer uses or incorporates any goods in any production, process or manufacture or combines them with anything to create a finished or combined new thing for disposition then upon such disposition prior to Full Payment, the Customer agrees to hold such part of the proceeds thereof (and until payment is received by the Customer, that part of any applicable book debt) as equals the costs of the goods used and/or incorporated therein (at the prices invoiced by Cubiconiq to the Customer) Upon Trust for Cubiconiq until Full Payment.