Terms Of Trade

TERMS OF TRADE OF MCD MEDIA LIMITED (“The Company”)

1. PRICES AND PAYMENT

  • 1.1 Goods and Services Tax will be charged in addition to any stated price. Payment in full must be made by the 20th of the month following the date of invoice. The Company is not under any obligation to obtain from the customer, or incorporate in the Company’s invoice, the customer’s purchase order details. The customer may not set off any payments owed to the Company against any payments owed by the Company to the customer or any claims which the customer may have against the Company. No variation or modification or substitution of these terms by the customer will apply unless specifically accepted by the Company in writing. The Company may, at its sole discretion, and at any time without notice, vary the customer’s credit limit, but without prejudice to the Company’s right to recover any debt owed by the customer which exceeds the credit limit.

  • 1.2 Without prejudice to any other rights of action the Company may have for late payment by the customer, the Company may charge interest on a daily basis to the customer at a rate of 3% per month on overdue amounts until the overdue amounts are paid. Interest will accrue after as well as before any judgement which the Company may obtain against the customer. The customer will also be liable to pay all of the Company’s expenses (including collection and solicitors costs) incurred in attempting to obtain or obtaining a remedy for the customer’s failure to comply with these terms of trade.

  • 1.3 Without prejudice to any other remedies which the Company might have, failure by the customer to pay any debt will entitle the Company to cancel any contracts which the Company has with the customer. Upon such cancellation and without prejudice to any other remedies which the Company might have, all credit under any contract (including other contracts) in favour of the customer will cease and all payments outstanding will become immediately due and payable to the Company, including all amounts owing by the customer that exceed the credit limit.

  • 1.4 In accepting any payment from the customer, the Company will not be bound by any condition or qualifications of terms which the customer attaches to such payments. Any payments expressed to be in full and final settlement will only be accepted by the Company as such if the Company communicates its specific acceptance in writing to the customer of those terms, otherwise any payment will only be accepted as part payment of the total debt due to the Company.

  • 1.5 The customer must notify the Company in writing on any change of ownership or business structure of the customer and obtain from the Company its written acceptance of such change, otherwise the customer will remain liable for all debts incurred by any other person trading on the customer’s account with the Company. The Company is not required to verify or check that any person using the customer’s account with the Company has the customer’s authority to do so. The customer may not refuse to pay charges to the customer’s account on the basis that the person using the customer’s account did not have the requisite authority. Where there is more than one party named as the account holder, each such person’s liability under these terms of trade is joint and several.

2. LIABILITY
In no circumstances will the Company be liable to the customer, or any other person, whether in contract tort or otherwise, for any loss or damage or injury arising directly or indirectly from goods and/or services supplied by the Company to the customer. In any case where the Company is found to be liable to the customer for any reason whatsoever, the extent of the Company’s liability will not exceed the contract price for the particular goods and/or services in question. The customer is not entitled to make any claim against the Company for loss of profit, consequential damage or loss arising out of a breach of any term or implied term of these terms of trade or under any law or guarantee or warranty given by the Company except to the extent specifically permitted by statute. Any claims for errors of advertising must be made to the Company in writing within 10 days of publication and acknowledged by the Company otherwise the customer has no claim of whatever nature against the Company.

3. FORCE MAJEURE
Should the Company be delayed in performing its obligations due to any cause not within its control, the Company may cancel or suspend its contract with the customer without incurring any liability for any loss or damage suffered by the customer or any other person.

4. CONSUMER LEGISLATION
Where the provisions of the Consumer Guarantees Act 1993 apply, these terms of trade will be read subject to the application of the Act, and in the case of any conflict, the provisions of that Act will apply. Where the customer is a business (as “business” is defined by the Consumers Guarantees Act 1993), it agrees that it is acquiring all goods and/or services from the Company for the purposes of a business and that the Consumer Guarantees Act 1993 does not apply.


5. PRIVACY

The Company is authorised to obtain credit information about the customer, its principals and directors (if any) and any guarantor(s) named on this form (Guarantor) from credit referees and credit reference agencies and is also authorised to disclose credit information (including payment defaults) to credit reference and collection agencies or other persons seeking credit references. The credit information is collected to assist the Company to ascertain the customer’s and any Guarantor’s credit status. Failure to provide the requested information may result in credit being refused. Under the Privacy Act 1993 individuals have right of access to and correction of personal information.