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  • “Supplier” means EmKo Limited; “Client” means the company listed in the credit application form;

  • “Goods” means all products provided by the supplier from time to time;

  • “Price” means the price payable for the Goods as stipulated in the invoice supplied by the Supplier.


  • The Client shall give the Supplier not less than fourteen (14) days prior written notice of any proposed change of ownership of the Client and/or any other change in the Client’s details (including but not limited to, changes in the Client’s name, address, contact phone or fax number/s, or business practice).


  • At the Supplier’s sole discretion the Price shall be either as indicated on any invoice provided to the Client or the Supplier’s quoted price which will be valid for the period stated in the quotation. The Supplier reserves the right to vary the Price at any time without prior notice as a result of increases beyond the Supplier’s reasonable control in the cost of material or labour, or due to fluctuations in currency exchange rates.


  • All payments are due twenty (20) days following the end of the month in which an invoice is issued on a Client’s order; or on the date specified on any invoice or other form being the date for payment.

  • The Supplier reserves the right to cancel the credit account and any contract to which these terms and conditions apply by giving written notice to the Client.


  • Interest on overdue invoices shall accrue daily from the date when payment becomes due until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at the Supplier’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
  • If the Customer owes the Supplier any money the Client shall indemnify the Supplier from and against all costs and disbursements incurred by the Supplier in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the Supplier’s collection agency costs, and bank dishonour fees).


  • The Client agrees that EmKo Card Display Units are provided for the display of EmKo Goods only and remain the property of the Supplier at all times. The Supplier reserves the right to remove the units from the Client’s premises at any time upon prior written notice.
    • The Supplier and the Client agree that ownership of the Goods shall not pass until: (a) the Client has paid the Supplier all amounts owing to the Supplier; and (b) the Client has met all of its other obligations to the Supplier.
        • It is further agreed that:

            1. Until ownership of the Goods passes to the Client, the Client is only a Bailee of the Goods and must return the Goods to the Supplier on request.

            2. the Client holds the benefit of the Client’s insurance of the Goods on trust for the Supplier and must pay to the Supplier the proceeds of any insurance in the event of the Goods being lost, damaged or destroyed.

            3. the Client must not sell, dispose, or otherwise part with possession of the Goods other than in the ordinary course of business and for market value. If the Client sells, disposes or parts with possession of the Goods then the Client must hold the proceeds of any such act on trust for the Supplier and must pay or deliver the proceeds to the Supplier on demand.

            4. the Client irrevocably authorises the Supplier to enter any premises where the Supplier believes the Goods are kept and recover possession of the Goods.

            5. the Supplier may commence proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods has not passed to the Client.


          • The Supplier’s Goods are supplied to the client for the purposes of resale under the Supplier’s branding and are not be rebranded. The Supplier retains full ownership of the IP and/or copyrights to designs, logos, and branding.



          • The Client shall inspect the Goods on delivery and shall within seven (7) days of delivery notify the Supplier of any alleged defect, shortage in quantity, or damages. If the Client shall fail to comply with these provisions, the Goods shall be presumed to be free from any defect or damage.

          • For defective Goods, which the Supplier has agreed in writing that the Client is entitled to reject, the Supplier’s liability is limited to either (at the Supplier’s discretion) replacing or refunding the Goods.


          • The Client agrees that the Supplier may amend these terms and conditions at any time. If the Supplier makes a change to these terms and conditions, then that change will take effect from the date on which the Supplier notifies the Client of such change. The Client will be taken to have accepted such changes if the Client makes a further request for the Supplier to provide Goods/Equipment to the Client.

          • The Client warrants that it has the power to enter into this agreement and has obtained all necessary authorisations to allow it to do so, it is not insolvent and that this agreement creates binding and valid legal obligations on it.


          • Upon assenting to these terms and conditions in writing the Client acknowledges and agrees that:

            1. these terms and conditions constitute a security agreement for the purposes of the PPSA; and

            2. a security interest is taken in all Goods/Equipment previously supplied by the Supplier to the Client (if any) and all Goods/Equipment that will be supplied in the future by the Supplier to the Client.

          • The Client undertakes to:

            1. sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which the Supplier may reasonably require to register a financing statement or financing change statement on the Personal Property Securities Register;

            2. indemnify, and upon demand reimburse, the Supplier for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register or releasing any Goods/Equipment charged thereby;

            3. not register a financing change statement or a change demand without the prior written consent of the Supplier; and

            4. immediately advise the Supplier of any material change in its business practices of selling Goods which would result in a change in the nature of proceeds derived from such sales.

          • The Supplier and the Client agree that nothing in sections 114(1)(a), 133 and 134 of the PPSA shall apply to these terms and conditions.

          • The Client waives its rights as a debtor under sections 116, 120(2), 121, 125, 126, 127, 129, 131 and 132 of the PPSA.

          • Unless otherwise agreed to in writing by the Supplier, the Client waives its right to receive a verification statement in accordance with section 148 of the PPSA.

          • The Client shall unconditionally ratify any actions taken by the Supplier under clauses 11.1 to 11.5.