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Table of Contents:

  1. Trading Terms
  2. Direct Debit Agreement + Terms

 

 

 

 

TRADING TERMS

  1. Definitions
  1. In these Trading Terms:

“Australian Consumer Law” means Schedule 2 of the Competition and Consumer Act 2010 (Cth);

“CCA” means the Competition and Consumer Act 2010 (Cth);
 

“Company” means Flinders Island Meat Pty Limited (ACN 167 297 234) trading as Flinders + Co Cultivate Better (ABN 58 642 169 414)   

”Consumer” means a person acquiring Goods:

  • of a kind ordinarily acquired for personal, domestic or household use or consumption; or
  • at a price not exceeding $40,000; or
  • of a kind ordinarily acquired for personal, domestic or household use or consumption; or
  • that consist of a vehicle or trailer acquired for use principally in the transport of goods on public roads, but excludes a person 
acquiring the Goods, or holding himself or herself out as acquiring the Goods for the purpose of:
  • re-supply; or
  • using them up or transforming them, in trade or commerce, in the course of a process of production or manufacture or in the course of repairing or treating other goods or fixtures on land.

“Consumer Goods” means ‘goods of a kind ordinarily acquired for personal, household or domestic use or consumption’, as that expression is used in section 3 of the Australian Consumer Law.

“Consumer Guarantee” means a consumer guarantee applicable to this contract under the Australian Consumer Law, including any Express Warranty.

“Consumer Services” means ‘services of a kind ordinarily acquired for personal, household or domestic use or
consumption’, as that expression is used in section 3 of the Australian Consumer Law.

“Customer” means the person described in a credit account application as the person in whose name an account is
maintained by the Company and/or the person or entity that purchases Goods and services from the Company.

“Express Warranty” has the same meaning as in section 2(1) of the Australian Consumer Law.

“Fair or Reasonable” means ‘fair or reasonable’ for the purposes of section 64A of the Australian Consumer   Law.

“Force Majeure Event” is defined in clause 16.

“Financing Statement” and “Financing change statement” means a “financing statement” and a “financing change statement” within the meaning of section 10 of the PPSA.

“Goods” means any goods supplied by the Company to the Customer under these Trading Terms.

“GST” means “GST” within the meaning of the GST Act.

“GST Act” means the A New Tax System (Goods and Services Tax) Act 1999 (as amended) and the following expressions bear the same meaning as in the GST Act: “tax invoice”, “taxable supply” and “value”.

“Insolvency Event” means, in relation to a party, that one of the events specified in clause 15 has occurred in relation to that
party.

“Intellectual Property” means any intellectual property including without limitation patents, trademarks, copyright, designs, layouts, circuit boards, knowhow, software, object codes, source codes, and confidential information.

“PMSI” means a purchase money security interest as defined in section 14 of the PPSA.

“PPSA” means the Personal Property Securities Act 2009 (Cth).

“Proceeds” means “proceeds” within the meaning of section 31 of the PPSA.

“Register” means the Personal Property Securities Register established under the PPSA.

“Security Agreement” means a “security agreement” within the meaning of section10 of the PPSA.

“Security Interest” means a “security interest” within the meaning of section 12 of the PPSA.

  1. Terms and expression defined in or for the purposes of the CCA or the PPSA have the same meaning when used in these Trading Terms.
  2. Words importing the singular shall include the plural (and vice versa).

 

  1. General
  2. These Trading Terms apply to:
  3. The establishment, operation and use of the account of the Customer with the Company;
  4. All transactions effected by the Customer with the Company for the supply of goods or services on its account or on a cash basis unless 
otherwise expressly agreed in relation to any particular supply of goods; and
  • The exclusion of all others including any terms and conditions of the Customer.
  1. These Trading Terms shall apply as if incorporated into each order placed by the Customer with the Company.
  2. These Trading Terms may be varied only with the written agreement of the Company.
  3. The Company may at any time and from time to time by written notice to the Customer, alter these Trading Terms.

 

  1. Orders
    1. The Customer may place and the Company may accept or reject orders in part or full for the supply of Goods upon these Trading Terms by:
      1. A communication in writing (including by e-mail); or
      2. Any other means that the parties agree including by telephone and by internet ordering.
    2. The Company reserves the right to specify a minimum order value which it will accept from time to time and to impose a surcharge should the Customer require delivery of goods having a value less than the minimum order value.
    3. Orders accepted by the Company cannot be cancelled or altered in whole or in part without the Company’s written consent.

 

  1. Pricing & Delivery
    1. All prices quoted or agreed are on a tax exclusive basis. The applicable amount of GST or other taxes will be disclosed on
    2. Unless otherwise agreed in advance, the Company reserves the right to:
      1. Charge the Customer for the cost of freight.
      2. Charge for re-scheduling and delivery for all variations to the original contract.
  • Adjust prices if and when necessary prior to acceptance of any offer from the Customer.
  1. Whilst the Company shall use all reasonable endeavors to comply with the Customer’s particular delivery requirements and order specifications, the Customer will not be entitled to claim compensation by reason of failure to comply with their delivery requirements or minor variations to the Goods.
  2. Delivery shall be deemed to have taken place when the Company or its agent delivers the Goods to or leaves the Goods at the address shown on the Sales Invoice for the delivery of such Goods.

 

  1. Withholding Supply

The Company reserves the right, irrespective of whether or not an order has been accepted and without notice to the Customer,  to withhold supply to the Customer and/or to cancel any obligation it may have to the Customer and the Company will not be
liable for loss of damage resulting directly or indirectly from such action where:

  1. The Company has insufficient Goods to fulfill the order;
  2. The Goods ordered are no longer available for any reason;
  3. The Customer has failed to observe these Trading Terms or the Company’s payment terms or;
  4. The Company has determined, in its absolute discretion, that credit should no longer be extended to the Customer.

 

  1. Payment Terms
    1. Unless otherwise agreed, the Company’s terms of payment require payment from the date that the sales invoice for the goods is rendered by the Company to the Customer, as per the agreed Payment Terms
    2. All payments shall be made free of any deductions, withholding or set-off unless otherwise agreed in writing with the Company.
    3. If the Customer does not make payment as required by the Trading Terms, they must pay (in the Company’s discretion) interest on any amount overdue calculated on a daily basis from the date that the unpaid amount became due until the date that it is paid in full at the rate of 12% per annum.
    4. If the Customer fails to pay for any goods or services supplied by the Company when due, then by notice to the Customer the Company may declare any amounts actually or contingently owing by the Customer to the Company to be immediately due and payable.
    5. Where the Customer is overdue with any payment or the Company is in receipt of credit references that it regards as
      unsatisfactory, the Company reserves the right to change the Customer to Cash on Delivery (COD) account and all Goods on a COD account shall be paid for before they are supplied.
    6. The Company shall not be responsible and/or liable on removal of Goods and/or materials and/or services from the Customer’s premises due to non -payment of moneys outstanding.
    7. Credit facilities may be suspended or withdrawn at the discretion of the Company at any time.
    8. Where payment is to be made by cash the amount owing is due and payable immediately.

 

  1. Credit Card Payments
    1. If the Customer pays its outstanding account by a credit card, at the time the transaction is processed the Company reserves the right to charge the Customer an amount that the Company determines (acting reasonably) to be equal to the merchant.
      service fee or any similar fee payable by the Company to its transaction acquirer in connection with the transaction.
    2. The Company may add any amount payable by the Customer under paragraph 7(a) to the sale price of the relevant goods or services supplied or to be supplied by the Company to the Customer.

 

 

  1. GST
  1. To the extent that a party makes a taxable supply in connection with these Trading Terms, the consideration payable by a party under these Trading Terms represents the value of the taxable supply for which payment is to be made, unless otherwise expressly agreed.
  2. Subject to clause 8(c), if a party makes a taxable supply pursuant to these Trading Terms for a consideration which, under clause 8(a), represents its value, then the party liable to pay for the taxable supply must also pay, at the same time and in the same manner as the value is otherwise payable, the amount of any GST payable in respect of the taxable supply.
  3. A party’s obligation to make payment under clause 8(b) is subject to a valid tax invoice being delivered to the party liable to pay for the taxable supply.

 

  1. Default Arrangements & Enforcement Expenses:

If the Customer fails to pay any amounts when due, then in addition to any other amount payable under these Trading Terms,  the Customer must pay to the Company upon demand (in the Company’s discretion) any costs incurred in connection with
enforcement of any of the Company’s rights in connection with the supply of goods on these Trading Terms including without  limitation:

  1. Any legal costs (on a solicitor and own client basis) incurred by the Company;
  2. Any mercantile agents fees incurred by the Company in recovering or attempting to recover any amount payable by the Customer under these Trading Terms; and
  3. Any dishonour or bank fees incurred by the Company in connection with payments or remittances that are made or which should have been made by the Customer.

 

  1. Exclusions of Warranties and Limitations of Liability:
  2. The Company acknowledges that the Australian Consumer Law and similar legislation provides:
    • Certain rights for Consumers that cannot be excluded; and
    • In relation to the supply of Goods, that in some circumstances the Customer may be a Consumer.
  3. Subject to paragraph (c), the Company excludes any and all conditions, warranties, terms and consumer guarantees implied by statute, general law or custom (including without limitation the Australian Consumer Law) applicable to any supply of Goods.
  4. The Consumer Guarantees apply to any supply of Goods where the Customer is a Consumer, and the liability of the Company in connection with the Consumer Guarantees is not limited except as stated in paragraph (d).
  5. If the Customer is a Consumer in relation to the supply of Goods, and those goods are not of a kind ordinarily acquired for personal, domestic or household use or consumption, then the liability of the Company in connection with the Consumer Guarantees is limited to one of the following (as selected by the Company):
    • The replacement of the Goods or the supply of equivalent Goods;
    • The payment of the cost of replacing the Goods or of acquiring Goods equivalent to the Goods.
  6. The Company:
    • Excludes any liability in contract, tort (including negligence) or otherwise, in connection with any supply of Goods, for any indirect damages or losses, or for any special, punitive or exemplary damages;
    • Limits its liability in contract, tort (including negligence) or otherwise, in connection with any supply of Goods, to the price payable by the Customer for the 
Goods; and
    • Excludes any liability for or in connection a claim that the Goods are not fit for a particular purpose or function, except where the Company has a liability as 
contemplated by paragraph (a) or (d).
  7. The Customer agrees to notify the Company in writing of any change in ownership or shareholding of the Customer within seven (7) days from the date such change or immediately if an Insolvency Event as specified in clause 15 hereof occurs and the Customer shall indemnify the Company against any loss or damage incurred by it as a result of its failure to notify the Company of such change or Insolvency Event.

 

  1. Claims and Returns
  1. A Customer will be responsible for immediate examination of the goods upon arrival at their destination and will be taken to have accepted Goods received by it as being in accordance with its order unless it notifies the Company in writing of its claim, including invoicing shortages, within 48 hours from the date of receipt of the goods.
  2. No return of Goods that are allegedly defective or faulty will be accepted by the Company unless either:
    1. The Customer is a Consumer in relation to those Goods and is entitled to return them because a Consumer Guarantee applies; or
    2. The Company has given prior written authorization for the return of the Goods.
  3. All Goods for return must be inspected by a representative of the Company prior to the Company accepting any obligation for the return of the Goods.
  4. If the Company consents under paragraph 11. (b) for the return of any Goods, the Customer must:
    1. Provide to the Company a written statement setting out the reasons for return of the Goods;
  1. Give the Company details of the original invoice number and the date of delivery of the Goods;
  • Provide to the Company a copy of the receipt or delivery docket relating to the Goods;
  1. Pay the Company a handling charge equivalent to 25% of the purchase price of the Goods.
  1. In the event of the Company agreeing to accept a return of Goods, these shall be returned to the Company at the expense of the Customer, and the Company shall credit the Customer’s account with an amount equal to the invoiced sum less the sum payable under clause 11.(d) hereof.

 

  1. Cancellations and Variations
  2. The Customer may not cancel or vary an order unless the Company in its absolute discretion consents in writing to the
    cancellation or variation.
  3. The Company may charge the Customer for any reasonable costs incurred in preparation of any order that has been varied or cancelled.
  4. The Company reserves the right to immediately cancel any contract for the supply of Goods or suspend any such supply
    without incurring any liability to the Customer in any of the following circumstances:
  1. The Customer is overdue with any payment due under these Trading terms or is otherwise in breach of these Trading Terms or
  2. An Insolvency Event has occurred.
  • Cancellation by the Company under this clause shall be without prejudice to the Company’s right to recover payment from the Customer for Goods previously supplied.

 

 

  1. Retention of Title Arrangements
  2. Property in and title to any Goods remains with the Company until the Customer has paid in full (and in cleared funds) all
    amounts owing by the Customer to the Company in connection with the Goods.
  3. Until such time as title to the Goods passes to the Customer, the Customer will hold them on trust and as bailee for the Company.
  4. Despite clause 13 a), risk in the Goods passes to the Customer upon delivery.
  5. Unless otherwise agreed by the Company, the Customer must identify and store the Goods in a manner that clearly shows that they are the property of the Company.
  6. Notwithstanding any of the matters set forth in this paragraph 13, the Customer may sell the Goods to a third party in the ordinary course of their business.
  7. The Customer must insure the Goods until sold to a third party.

 

  1. Personal Property Securities Act arrangements
  2. Acknowledgement of security agreement and security interest

The Customer acknowledges and agrees that:

  1. The Trading Terms are a security agreement for the purposes of the PPSA;
  2. The Company has a security interest in the Goods and in any present or after acquired property that represents Proceeds of the Goods and/or in which the Goods have been attached or incorporated, including co-mingled goods; and
  • The security interest secures the due and punctual payment of all moneys payable by the Customer to the Company under these Trading Terms.
  1. Acknowledgment of arrangements for financing statements

The Customer acknowledges and agrees as follows:

  1. Financing statements and financing change statements

The Company may at any time register a financing statement (or, if relevant, a financing change statement) on the Register in relation to its security interest in the Goods that may include terms that:

  • describe the Company as the “secured party” and the Customer as the “grantor”;
  • describe the Goods supplied by the Company to the Customer from time to time pursuant to these Trading Terms as collateral in the class of 
”other goods” (or in such other class as the Company may reasonably determine is applicable to the Goods);
  • specifies that the security interest that the Company holds in the collateral is a PMSI in accordance with item 7 of the table in section 153(1) of the 
PPSA to the extent that it secures payment of the amounts owing in connection with that collateral;
    and
  • specifies that the security interest affects Proceeds and, in particular, all present and after acquired property that represents Proceeds of the Goods.
    1. Period of registration

The Company may register a financing statement or financing change statement on the PPSA Register for any period that the Company determines (in its discretion).

  • Payment of fees and costs

Upon request made by the Company, the Customer must pay to the Company all fees, charges and expenses that the Company may reasonably incur in:

  • preparing, lodging or registering any financing statement or financing change statement in relation to any security interest that is granted to the 
Company under the Trading Terms;
  • maintaining any such registration; or
  • enforcing any security interest granted to the Company under the Trading Terms.

These fees, charges and expenses may be incurred by or with an agent that acts on behalf of the Company.

  1. When registration to be affected:
  1. 
The Company may register its security interest on the Register at any time so long as the Company believes on reasonable grounds that it will become a 
secured party in relation to the Goods including without limitation when the Customer signs or otherwise adopts or accepts the Contract Terms in a manner proposed by the Company.
  2. Attachment
  3. 
A security interest in Goods created according to the Trading Terms will attach to the Goods at the time that the Customer obtains possession of them and not at any later time.
  4. Do all things necessary
  5. 
The Customer must do anything reasonably required by the Company to enable the Company to register the security interest as a PMSI and to maintain that registration.
  6. Separate financing statement may be registered if required.
  7. If the Company considers that it has or may have a security interest that is not a PMSI in relation to any Goods, it may register a financing statement in 
respect of that security interest (and that financing statement may be in addition to a financing statement registered by the Company in relation to a PMSI in the same Goods).

 

Confidential Information

The Company and the Customer agree that neither party will disclose to an interested person or to any other person, any
information of the kind described 
in section 275 (1) of the PPSA except that the Company may disclose that information to an interested person where section 275(7) of the PPSA applies.

  1. The Customer agrees that it will not authorize the disclosure of any information of the kind described in section 275 (1) of the PPSA.

 

Enforcement 


If the Customer fails to pay an amount owing when due or if it fails to perform any of its obligations in connection with the
supply of Goods, the Customer agrees that the Company shall be entitled to exercise its enforcement rights and remedies as a
secured party in accordance with the provisions of the PPSA including (without limitation) the rights contained in section 123 of  the PPSA to seize the Goods by any method permitted by law. For these purposes, and without limiting any other rights of the
Company under the PPSA as a secured party, the Customer further agrees:

  1. upon demand made by the Company, to immediately deliver up the Goods to the Company;
  2. to irrevocably authorize the Company to enter any premises occupied by the Customer in order to search for, retrieve and remove those Goods to which 
the Company has title and which are the subject of a security interest as provided for by these Trading Terms;
  3. to do all things necessary to immediately facilitate the Company’s access to the Customer’s premises and to assist the
    Company to locate and 
identify the Goods;
  4. to authorize the Company to resell the Goods seized and apply the proceeds of sale in payment of any monies that the
    Customer owes it;
  5. that in the event of any inconsistency with the provisions contained in section 123 of the PPSA and the provisions contained in this paragraph (d), 
the provisions of this paragraph (d) shall prevail.

 

 

Application of certain PPSA provisions   

To the extent they apply, the following provisions of the PPSA confer rights on the Company: section 123 (seizing collateral);
section 126 (apparent possession); section 128 (secured party may dispose of collateral); section 129 (disposal by purchase); and  section 134 (1) (retention of collateral). The Customer agrees that in addition to those rights, the Company shall, if there is

default by the Customer, have the right to seize, purchase, take possession or apparent possession, retain, deal with or dispose of  any Goods, not only under those sections but also, as additional and independent rights, under this document and the Customer  agrees that the Company may do so in any manner it sees fit including (in respect of dealing or disposing) by private or public

sale, lease or licence.

 

Contracting out provisions  

To the extent that Chapter 4 of the PPSA would otherwise apply to the enforcement of a security interest under or in connection  with these Trading Terms, the following provisions of the PPSA do not apply and for the purposes of section 115 of the PPSA and  are “contracted out” of these Trading Terms in respect of all Goods to which that section can be applied: section 95 (notice of
removal of accession to the extent it requires the Company to give a notice to the grantor); section 96 (retention of accession);  section 125 (obligation to dispose of or retain collateral);section 121(4)(enforcement of liquid assets- notice of grantor); section  130 (notice of disposal to the extent it requires the Company to give notice to the Customer );section 129 (2) & (3) (d) (contents  of statement of account after disposal); section 132 (4) (statement of account if no disposal);section 135 (notice of
retention);section 142 (redemption of collateral);and section 143 (re-instatement of security agreement).

 

Notices

PPSA Notices 
 

The Customer agrees that the Company does not need to give the Customer any notice under the PPSA (including without
limitation a notice of a 
verification statement received from the Registrar) unless the notice is required by the PPSA and that
requirement cannot be excluded.

Where default

In the event of a default by the Customer in performing of any of its obligations in connection with a supply of Goods under the  Trading Terms, the Customer agrees that (as between the parties to the Trading Terms) the Company is not obliged to give notice  to any other secured party with interests in the same collateral or to any other third party of any enforcement or recovery action  that it takes or which it may take with respect to its security interest in any of the Goods.

 

  1. Insolvency Events

If the Customer:

  1. becomes insolvent or bankrupt;
  2. is the subject of an application to wind up, or if a Liquidator, Provisional Liquidator, Receiver, a Receiver and Manager, or an Administrator is appointed with respect to 
the Customer or any of the Customer’s assets;
  3. makes an arrangement or composition with the creditors of the Customer or attempts to make such an arrangement or
    composition;
  4. is unable to pay their debts as they fall due;
  5. fails to comply with a statutory demand made under the Corporations Act 2001 (Cth) for payment of a debt;
  6. ceases business;
  7. has execution levied against any of their assets; or
  8. has a mortgagee Liquidator, Provisional Liquidator, Receiver, Receiver and manager or Administrator enter or seek to enter into possession of any of its assets,

Then 
any monies actually or contingently owing to the Company at that time under any contract formed on these Trading Terms (including any amounts which would not otherwise be payable until a later date or dates) are immediately due and payable (without the need for any demand by the Company).

 

  1. Force Majeure
  2. The Company may suspend any or all of its obligations to the Customer that are affected by any act of God, fire, flood, storm, earthquake, strike, lockout, trade dispute, breakdown, theft, crime, delays in shipping, or the inability of the Company to procure  necessary materials or articles preventing or retarding performance of the contract or any other cause not reasonably within the  control of the Company (each a “Force Majeure Event”) and the Company is not responsible for any delay, default, loss or damage due to any Force Majeure Event.
  3. When a Force Majeure Event ceases to affect the performance of any of the Company’s obligations, the Company must lift any suspension of those obligations that it makes under paragraph a).

 

  1. Certificate

A certificate of the Customer’s liability under any contract or contracts formed on these Trading Terms, signed by an officer of the Company, is prima facie evidence of the Customer’s liability to the Company under these Trading Terms as at the date of the
certificate.

 

  1. Termination
  2. Either party may terminate the arrangements under these Trading Terms by not less than 30 days’ notice to the other or immediately by notice to the other party if the other party is subject to an Insolvency Event.
  3. b) Upon termination all amounts actually or contingently owing by the Customer to the Company are immediately due and payable and the Customer shall immediately on demand deliver up to the Company all goods purchased from the Company for which it has not paid.

 

  1. Time

Time is of the essence for payment of any monies owed by the Customer to the Company pursuant to the provisions specified in these Trading Terms.

 

  1. Jurisdiction
  2. These Trading Terms are governed by the laws of the State of Victoria.
  3. The parties submit to the non-exclusive jurisdiction of the Courts of Victoria in relation to any dispute or claim arising under or in connection with the supply of Goods 
or otherwise concerning these Trading Terms.

 

  1. Notices
  2. Any notice required by or contemplated by these Trading Terms must be in writing in the English language.
  3. Any notice by one party to the other shall be sufficiently served if served:
    1. personally;
    2. by facsimile transmission to the number specified in the application made to the Company by the Customer to establish the arrangements under 
these Trading Terms or as otherwise notified to the other party, with a transmission confirmation receipt marked “OK”;
  • by e-mail to the address specified in the application made to the Company by the Customer to establish the arrangements under these Trading Terms 
or as otherwise notified to the other party, if the e-mail is acknowledged by the recipient; or
  1. by pre-paid post to the party to be served at the registered office of the party or to the address specified in the application made to the Company by 
the Customer to establish the arrangements under these Trading Terms or as otherwise notified to the other party, (in which case it is taken to be received 3 days after the date of posting).

 

  1. Miscellaneous
  1. No employee of the Company is authorized to bind the Company unless the Company has given the Customer express written notice to that effect.
  2. The invalidity or unenforceability of any provisions of these Trading Terms shall not affect the validity or enforceability of the remaining provisions.
  3. No delay or failure to act is a waiver of any of the provisions herein contained.
  4. No waiver is effective unless in writing. A waiver of a breach is not a waiver of any other breach.
  5. These Trading Terms shall bind the Company and the Customer and their respective successors and permitted assigns.
  6. The Customer may not assign any of its rights or obligations under these Trading Terms without the prior written consent of the Company.

 

 

 

Direct Debit Agreement + Terms

This is Your Direct Debit Request Service Agreement with Flinders Island Meat Pty Ltd (ABN 97 167 297 234)  It explains what Your obligations are when undertaking a Direct Debit arrangement with us.  It also details what our obligations are to You as Your Direct Debit provider.

 

Please keep this agreement for future reference.  It forms part of the terms and conditions of Your Direct Debit Request (DDR).
Definitions account means the account held at Your financial institution from which we are authorised to arrange for funds to be debited.

agreement means this Direct Debit Request Service Agreement between You and us.

banking day means a day other than a Saturday or a Sunday or a public holiday listed throughout Australia.

debit day means the day that payment by You to us is due.

debit payment means a particular transaction where a debit is made.

direct debit request means the Direct Debit Request between us and You.

us or we means Flinders Island Meat Pty Ltd (the Debit User) You have authorised by requesting a Direct Debit Request.

You means the customer who has signed or authorised by other means the Direct Debit Request.

Your financial institution means the financial institution nominated by You on the DDR at which the account is maintained.
1.Debiting Your account 1.1        By signing a Direct Debit Request or by providing us with a valid instruction, You have authorised us to arrange for funds to be debited from Your account. You should refer to the Direct Debit Request and this agreement for the terms of the arrangement between us and You.
  1.2       We will only arrange for funds to be debited from Your account as authorised in the Direct Debit Request.

             or

We will only arrange for funds to be debited from Your Account if we have sent to the address nominated by You in the Direct Debit Request, a billing advice which specifies the amount payable by You to us and when it is due.
1.3  If the debit day falls on a day that is not a banking day, we may direct Your financial institution to debit Your account on the following banking day. If You are unsure about which day Your account has or will be debited You should ask Your financial institution.
2. Amendments by us 2.1        We may vary any details of this agreement or a Direct Debit Request at any time by giving You at least fourteen (14) days written notice.
3. Amendments by You You may change* , stop or defer a debit payment, or terminate this agreement by providing us with at least 14 days notification by writing to: admin@flinders.co
or
arranging it through Your own financial institution, which is required to act promptly on Your instructions.*Note: in relation to the above reference to ‘change’, Your financial institution may ‘change’ Your debit payment only to the extent of advising Flinders Island Meat Pty Ltd of Your new account details.

 

4. Your obligations 4.1       It is Your responsibility to ensure that there are sufficient clear funds available in Your account to allow a debit payment to be made in accordance with the Direct Debit Request.

4.2       If there are insufficient clear funds in Your account to meet a debit payment:

(a)        You may be charged a fee and/or interest by Your financial institution;

(b)        You may also incur fees or charges imposed or incurred by us; and

(c)        You must arrange for the debit payment to be made by another method or arrange for sufficient clear funds to be in Your account by an agreed time so that we can process the debit payment.

4.3       You should check Your account statement to verify that the amounts debited from Your account are correct
5. Dispute 5.1       If You believe that there has been an error in debiting Your account, You should notify us directly at 03 8393 0910 and confirm that notice via email to admin@flinders.co with us as soon as possible so that we can resolve Your query more quickly.  Alternatively You can take it up directly with Your financial institution.
  5.2       If we conclude as a result of our investigations that Your account has been incorrectly debited we will respond to Your query by arranging for Your financial institution to adjust Your account (including interest and charges) accordingly.  We will also notify You in writing of the amount by which Your account has been adjusted.

5.3       If we conclude as a result of our investigations that Your account has not been incorrectly debited we will respond to Your query by providing You with reasons and any evidence for this finding in writing.
6. Accounts You should check:

(a)        with Your financial institution whether direct debiting is available from Your account as direct debiting is not available on all accounts offered by financial institutions.

(b)        Your account details which You have provided to us are correct by checking them against a recent account statement; and

(c)        with Your financial institution before completing the Direct Debit Request if You have any queries about how to complete the Direct Debit Request.
7. Confidentiality 7.1       We will keep any information (including Your account details) in Your Direct Debit Request confidential.  We will make reasonable efforts to keep any such information that we have about You secure and to ensure that any of our employees or agents who have access to information about You do not make any unauthorised use, modification, reproduction or disclosure of that information.

7.2       We will only disclose information that we have about You:

(a)       to the extent specifically required by law; or

(b)        for the purposes of this agreement (including disclosing information in connection with any query or claim).
8. Notice 8.1       If You wish to notify us in writing about anything relating to this agreement, You should please email admin@flinders.co

8.2       We will notify You by sending a notice via email in the address you have given us in the Direct Debit Request.

8.3        Any notice will be deemed to have been received on the third banking day after sending.

 

Request and Authority to debit You request and authorize Flinders Island Meat Pty Ltd (Direct Debit ID 612224) to arrange, through its own financial institution, a debit to your nominated account any amount Flinders Island Meat Pty Ltd, has deemed payable by you.

This debit or charge will be made through the Bulk Electronic Clearing System (BECS) from your account held at the financial institution you have nominated below and will be subject to the terms and conditions of the Direct Debit Request Service Agreement.
Acknowledgment By signing and/or providing us with a valid instruction in respect to your Direct Debit Request, you have understood and agreed to the terms and conditions governing the debit arrangements between you and Flinders Island Meat Pty Ltd as set out in this Request and in your Direct Debit Request Service Agreement.