In consideration of MyScreen.com.au Pty Ltd ATF MyScreen Group Trust supplying goods and services on credit, the customer agrees to be bound by the following terms and conditions:
1. Payment and Account Keeping Charges
1.1 The customer agrees to pay all invoices issued by MyScreen.com.au Pty Ltd ATF MyScreen Group Trust within 30 days from the date of the invoice. Failure to make payment within this time frame will incur an account keeping charge of $50.00 per month or part thereof, until the account is paid in full.
1.2 Penalty interest at the rate of 11.00% per annum will accrue on overdue balances daily until the account is cleared. Payments received may be allocated to overdue balances in priority order at the discretion of MyScreen.com.au Pty Ltd ATF MyScreen Group Trust.
1.3 Payments should be made via direct deposit to the nominated account unless otherwise agreed in writing.
2. Title to Goods and Passing of Risk
2.1 Retention of Title: Title to the goods shall remain with MyScreen.com.au Pty Ltd ATF MyScreen Group Trust until payment in full has been received for all goods supplied.
2.2 The customer shall:
- Store unpaid goods separately from other stock in a way that clearly identifies them as the property of MyScreen.com.au Pty Ltd ATF MyScreen Group Trust.
- Maintain accurate records of unpaid goods and any sales proceeds derived from them.
2.3 If goods supplied remain unpaid and are sold by the customer, the proceeds of such sales must be kept in a separate account and remitted immediately to MyScreen.com.au Pty Ltd ATF MyScreen Group Trust.
2.4 Passing of Risk: Risk in the goods supplied passes to the customer upon delivery to the customer’s premises or collection by the customer’s agent or courier, whichever occurs first.
2.5 MyScreen.com.au Pty Ltd ATF MyScreen Group Trust reserves the right to repossess unpaid goods from the customer’s premises, using reasonable force if necessary, without liability for trespass or any related damages.
3. Credit Limits and Guarantees
3.1 Credit limits may be set at the discretion of MyScreen.com.au Pty Ltd ATF MyScreen Group Trust.
3.2 Accounts requiring credit facilities over $15,000 may require submission of financial information, including balance sheets and income statements.
3.3 Accounts requiring credit facilities over $20,000 will require personal director guarantees.
4. Ancillary Charges
4.1 The customer agrees to pay any additional charges, including but not limited to packaging, delivery, taxes, and duties, incurred in fulfilling the customer’s order.
4.2 Any unforeseen charges will be communicated to the customer prior to invoicing.
5. Indemnity and Intellectual Property
5.1 Customer Responsibility for Intellectual Property: MyScreen.com.au Pty Ltd ATF MyScreen Group Trust will rely on the customer’s representation that any designs, logos, or other content provided for printing on goods do not infringe any third-party intellectual property rights.
5.2 The customer indemnifies MyScreen.com.au Pty Ltd ATF MyScreen Group Trust against all claims, demands, losses, damages, and costs (including legal fees) arising from any alleged or actual infringement of intellectual property rights due to printing requested by the customer.
5.3 MyScreen.com.au Pty Ltd ATF MyScreen Group Trust reserves the right to refuse to print any content that is reasonably suspected to be illegal, offensive, or in violation of intellectual property rights.
6. PPSA Security Interest
6.1 The customer acknowledges and agrees that these terms create a security interest in goods supplied, whether currently held or supplied in the future, under the Personal Property Securities Act 2009 (PPSA).
6.2 MyScreen.com.au Pty Ltd ATF MyScreen Group Trust may register its security interest on the PPSA Register and recover all associated costs.
6.3 The customer agrees to:
- Provide any information required for registration or maintenance of the security interest.
- Refrain from registering or permitting third-party interests over unpaid goods without prior written consent.
7. Recovery Costs
7.1 In the event of default, MyScreen.com.au Pty Ltd ATF MyScreen Group Trust is entitled to recover all reasonable costs incurred, including but not limited to debt collection fees, legal expenses, and any court or tribunal costs.
8. Force Majeure
8.1 MyScreen.com.au Pty Ltd ATF MyScreen Group Trust shall not be held liable for any delay or failure to fulfill its obligations under this agreement due to circumstances beyond its reasonable control, including but not limited to natural disasters, strikes, or governmental actions.
9. Dispute Resolution
9.1 Any dispute arising from this agreement shall first be referred to mediation before escalating to litigation.
9.2 If mediation fails, disputes will be subject to the jurisdiction of courts in the state of Western Australia.
10. Variation
10.1 These terms may only be varied by a written agreement signed by all relevant parties, including directors (if applicable).