Terms & Conditions

Last updated October 8, 2018.

Cowan Australasia Pty Ltd

(ACN 80-092-448-729)

  1. General

    These Terms and Conditions shall apply to the exclusion of all others including any Terms and Conditions of the Customer (whether on the Customer’s order form or otherwise). No services will be supplied by Cowan on any Terms or Conditions other than those set out herein and by requesting the services the Customer shall be deemed to agree to these Terms and Conditions. For the purposes of these Terms and Conditions Cowan shall mean and include Cowan Pty Ltd (ACN 065 394 167) and Customer shall mean the party to whom the services are sold and/or in whose name an Account is maintained by Cowan.

  2. Agreement to be bound

    The Customer agrees to comply with and be bound by these Terms and Conditions (as amended from time to time) and payment for services shall be made by the Customer to Cowan thirty (30) days from the date of Cowan’s invoice. It is agreed that if the Customer does not make payment within the specified period herein, the Customer will pay to Cowan interest on the outstanding amount at the penalty interest rate as defined in the Penalty Interest Rates Act 1983 (Vic) from time to time.

  3. Services

    The services shall be as described on the invoices, quotation, work authorization, sales order or any other work commencement forms as provided by Cowan to the Customer.

  4. Default

    1. In the event of the Customer’s default under these Terms and Conditions the Customer shall pay to Cowan on demand all costs including without limitation all legal costs on a solicitor-client basis, all mercantile agents fees incurred by Cowan in recovering or attempting to recover all amounts outstanding and payable under these Terms and Condition, interest and any dishonour or bank fees incurred by Cowan relating to payments made by the Customer from time to time.
    2. Cowan in its sole and absolute discretion may cease all work where any invoices are outstanding.
  5. Change of Ownership

    The Customer agrees to notify Cowan in writing of any change of ownership of the Customer within 7 days from the date of such change and shall indemnify Cowan against any loss or damage sustained by it as a result of the Customer’s failure to notify Cowan of any change.

  6. Cancellation

    Requests for services placed with Cowan cannot be cancelled without the written approval of Cowan. In the event that Cowan accepts the cancellation of any request for services placed with it shall be entitled to charge a reasonable fee for any work done on behalf of the Customer to the date of the cancellation including a fee for the processing and acceptance of the Customer’s request for services and request for cancellation.

  7. Invoice

    An invoice produced by Cowan will be prima facie evidence of the Customer’s liability to Cowan for the amount stated in the invoice.

  8. Intellectual Property

    Where Cowan has designed or drawn material for the Customer, then the copyright in those designs and drawings shall remain vested in Cowan, and shall only be used by the Customer with Cowan’s express written consent.

  9. Privacy Act 1988

    1. The Customer agrees for Cowan to obtain from a credit-reporting agency a credit report containing personal credit information about the Customer in relation to any credit provided by Cowan.
    2. The Customer consents to Cowan being given a consumer credit report to collect overdue payment on commercial credit (Section 18K(1)(h) Privacy Act 1988).
    3. The Customer agrees that Personal Data provided may be used and retained by Cowan for the following purposes and for other purposes as shall be agreed between the Customer and Cowan or required by law from time to time:
      1. provision of Services;
      2. marketing of Services by Cowan, its agents or distributors in relation to the Services and Goods;
      3. analysing, verifying and/or checking the Customer’s credit, payment and/or status in relation to provision of Services/Goods;
      4. processing of any payment instructions, direct debit facilities and/or credit facilities requested by the Customer; and
      5. enabling the daily operation of Customer’s account and/or the collection of amounts outstanding in the Customer’s account in relation to the Services.
      6. Cowan may give, information about the Customer to a credit reporting agency for the following purposes:
        1. to obtain a consumer credit report about the Customer; and or
        2. allow the credit reporting agency to create or maintain a credit information file containing information about the Customer.
  10. Jurisdiction

    The proper law of all contracts arising between Cowan and the Customer is the law of the State of Victoria and the parties agree that all claims and disputes relating to the goods sold shall be heard and determined in a Court of competent jurisdiction in Victoria and the parties irrevocably agree to submit to the non-exclusive jurisdiction of such Court.

  11. General

    If any provision of these Terms and Conditions shall be invalid, void or illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.