Terms & Conditions

1. Definitions

In these terms and conditions ‘PIL’ means Prestige International Limited (including its lawful assignees and successors) and also includes any company associated with PIL.

In these terms and conditions “the customer” shall mean the customer, any person acting on behalf and with the authority of the customer or any purchaser purchasing goods or services from PIL.

In these terms and conditions “goods” shall mean all goods and chattels supplied by PIL to the customer and shall include any fee or charge associated with the supply of goods by PIL to the customer and shall include the proceeds of any goods (as defined in the PPSA).

In these terms and conditions “services” shall mean all services provided to the customer and shall include but not be limited to the provision of all sales and mechanical services, supplies and charges for labour and work, hirages or any fee or charge associated with the supply of services by PIL to the customer.

Our “policies” can be workshop vehicle maintenance supply policies with lubricants, parts and outwork and parts return policies in place at any time, but not limited to such policies. Account trading with PIL constitutes acceptance of all PIL policies.

In these terms and conditions “PPSA” means the Personal Property Securities Act 1999.

In these terms and conditions the word “price” shall mean the cost of goods and services as agreed between PIL and the customer subject to Clause 3 of this agreement.

2. Acceptance

a. Receipt of any order for the supply of goods and/or services will be deemed to be accepted by the customer if these terms and conditions, despite anything stated to the contrary on the customer’s order, terms and conditions of purchase or similar document. Orders may not be cancelled.

b. Invoice queries must be made within 14 days, after this time goods and services are regarded and deemed as accepted by the customer. Goods for credit (at the sole discretion of PIL) shall be returned within 7 days.

c. Customer Order Numbers shall be immediately furnished to PIL. Customer order numbers not issued will not hold up invoicing (Refer to PIL’s Goods and Services policies).

3. Price

At PIL’s sole discretion:
a. The price shall be as indicated in invoices provided by PIL to the customer in respect of the goods and services supplied; or
b. The price shall be at the price of PIL’s current price at the date of any delivery of the goods and services; or
c. The price of the goods and services shall be at PIL’s quoted price excluding GST, which must be in writing and shall be binding upon PIL provided that the buyer shall accept PIL’s quote in writing within the time-frame stated on the quote.

4. Payment

Any credit granted shall be on the basis that the price shall be paid in full with agreed payment terms without deductions or, if no term agreed, by not later than the 20th of the month following the date of the invoice or upon receipt of the delivery of the goods or the provision of the services, whichever is earlier. The customer grants authority to accept Direct Debits if agreed.

5. Limitations of Credit Facility

Notwithstanding PIL having processed or approved this application or having approved the grant of credit and without prejudice to any other of its rights, PIL shall be entitled to withhold delivery of any goods until payment has been made or if it considers the customer’s creditworthiness to be unsatisfactory. Credit shall be revocable by PIL at any time.

6. Interest on Overdue Monies

Interest may be charged on any amount owing after the due date at the rate of 1.9% per month or part thereof. Interest shall compound monthly on the 20th day of each month.

7. Default

The whole of the amount of credit outstanding shall become immediately due and payable to PIL:
a. If the customer fails to make payment of any monies on the due date for payment or is otherwise in breach of these terms and conditions; or
b. On the appointment of a liquidator or receiver of the customer; or
c. Upon the termination of the contract pursuant to Clause 19.
d. If PIL deems the customer uncreditworthy.

8. Credit Information

a. The customer authorises any person, company or organisation to provide PIL with such information as PIL may require in response to PIL’s credit enquiries. Any information obtained by PIL under this clause will be confined to that reasonably required by PIL.

b. The customer authorises PIL to furnish to any third party details of this application and any subsequent dealings that PIL may have had with a customer. Any disclosure made by PIL under this clause will be confined to that reasonably required by the third party.

c. Under the Privacy Act 1993 the customer and the guarantor have the right of access to and correction of their personal information held by PIL.

9. Risk

If PIL retains property in the goods nonetheless all risk for the goods passes to the customer upon delivery or collection by the customer. If any of the goods are damaged or destroyed prior to property passing to the customer, PIL is entitled, without prejudice to any of its other rights or remedies under these terms and conditions (including the right to receive payment of the balance of the price for the goods and services), to receive all insurance proceeds payable in respect of the goods. This applies whether or not the price has become payable under these terms and conditions. The production of these terms and conditions by PIL is sufficient evidence of PIL’s right to receive the insurance proceeds without the need for any person dealing with PIL to make further inquiries. PIL will apply the insurance proceeds as follows:

1. First: In payment of the price of the goods that are damaged or destroyed, if unpaid;

2. Second: In payment of the outstanding price of any other goods or services supplied to the customer by PIL whether under the terms and conditions or otherwise;

3. Third: In payment of any sums payable to PIL by the customer.