1. Application & acceptance
These terms govern the supply of goods on credit by Taitung Australia Pty Ltd (ABN 49 101 496 646) and/or Taitung West Pty Ltd (together, "Taitung", "we", "us") to the applicant ("you", "the Customer"). By submitting this application you offer to open a trading (credit) account on these terms. No account exists until Taitung approves it in writing (which may include email). Taitung may approve, decline, or set a credit limit and payment terms at its absolute discretion, and may vary or withdraw credit at any time.
2. Prices, GST & ordering
Prices are those current at the date of supply and are exclusive of GST unless stated. GST and any other applicable taxes are payable by the Customer. Quantities, availability and prices may change without notice. Each order placed on the account is subject to these terms.
3. Payment terms
The Customer must pay each invoice in full by the due date shown on the approved account (for example 7, 14 or 30 days from end of month of invoice). Time is of the essence. Payment is not deemed made until cleared funds are received. The Customer may not withhold or set off any amount.
4. Default
If any amount is not paid when due, or the Customer breaches these terms, becomes insolvent, or an event occurs that in Taitung's opinion may affect the Customer's ability to pay, then all amounts owing become immediately due and Taitung may (without limiting its other rights): suspend or stop supply, cancel credit, charge interest on overdue amounts at 2% above the Reserve Bank of Australia cash rate calculated daily, and recover all costs of collection including debt-recovery and legal costs on a full indemnity basis.
5. Retention of title & PPSA
Ownership of goods does not pass to the Customer until all amounts owing to Taitung (on any account) are paid in full. Until then the Customer holds the goods as bailee, must store them so they are identifiable, and Taitung may enter the Customer's premises to recover them. These terms create a security interest for the purposes of the Personal Property Securities Act 2009 (Cth) ("PPSA") and the Customer consents to Taitung registering that interest. The Customer waives its right to receive certain notices under the PPSA to the extent permitted by law.
6. Personal guarantee & indemnity
Each director or guarantor who signs this application ("Guarantor") personally guarantees to Taitung the due payment of all amounts the Customer owes and the performance of the Customer's obligations, and indemnifies Taitung against any loss arising from the Customer's default. This is a continuing guarantee, is a principal obligation, and is not affected by any variation of the account, time or indulgence given to the Customer, or the release of any other Guarantor. Each Guarantor has read this application and provides their identification and signature voluntarily for this purpose.
7. Credit checks & information
The Customer and each Guarantor authorise Taitung to make enquiries and conduct credit checks with credit reporting bodies, the trade references given, banks and other credit providers, both to assess this application and at any time while the account is open, and to give and receive information about the Customer's and Guarantors' creditworthiness and account conduct, as described in the Privacy Collection Notice below.
8. Claims & returns
The Customer must inspect goods on delivery and notify Taitung of any shortage, damage or defect within 24 hours. To the extent permitted by law, and subject to any guarantees that cannot be excluded under the Australian Consumer Law, Taitung's liability is limited to replacing the goods or refunding the price.
9. General
The Customer must promptly notify Taitung of any change to its name, structure, ownership, address or contact details. Taitung may vary these terms by giving notice, and continued use of the account is acceptance of the varied terms. These terms are governed by the laws of New South Wales and the parties submit to the courts of that State. If any provision is unenforceable it is severed without affecting the rest.
Who collects your information
Taitung Australia Pty Ltd (ABN 49 101 496 646) and Taitung West Pty Ltd (together, "Taitung"), Moorebank NSW. This notice is given under the Privacy Act 1988 (Cth) and the Australian Privacy Principles.
What we collect
Business and contact details; ABN/ACN and entity information; trade and financial information; the names, positions, home addresses and contact details of directors/guarantors; images of directors'/guarantors' driver's licences (front and back); on-screen signatures; and technical information such as your IP address and the date and time of submission.
Why we collect it
To verify identity; to assess this credit application and the creditworthiness of the applicant and guarantors; to establish, administer and manage the trading account; to arrange and make deliveries; to prevent fraud; and to meet our legal obligations. If you do not provide the information requested, we may be unable to assess your application or provide a credit account.
Who we share it with
Credit reporting bodies and other credit providers; the trade references you nominate; related Taitung entities; our professional advisers and, if necessary, debt-collection agents; and our service providers, including our secure cloud hosting provider (Google Firebase). Your application data is stored on Google Cloud servers located in Australia (Sydney region). We do not sell your information.
Credit reporting
We may exchange information about the applicant and guarantors with credit reporting bodies to assess this application and to manage the account, consistent with the Privacy Act and the credit reporting provisions. This may include reporting overdue payments where permitted.
How we protect and keep it
Identity documents and signatures are sensitive information. They are transmitted over an encrypted connection and stored with access restricted to authorised Taitung staff. We keep your information only for as long as needed for the account and to meet our legal obligations, after which it is deleted or de-identified. Licence images may be deleted after a decision is made.
Access, correction & complaints
You may ask us to access or correct your personal information, and you may complain if you believe we have breached the Australian Privacy Principles, by contacting us at orders@taitung.com.au. We will respond within a reasonable time. If you are not satisfied, you may contact the Office of the Australian Information Commissioner (oaic.gov.au).