13. Title
13.1 It is the intention of the Company and agreed by the Client that property in the goods shall not pass until
(n) The Client has paid all amounts owing for the particular Goods, and
(o) The Client has met all other obligations due by the Client to the Company in respect of all contracts between the Company and the Client, and that the Goods, or proceeds of the sale of the Goods, shall be kept separate until the Company shall have received payment and all other obligations of the Client are met.
13.2 It is further agreed that:
(o) The Client shall not deal with the money of the Company in any way which may be adverse to the Company.
(p) Until such time as ownership of the Goods shall pass from the Company to the Client the Company may give notice in writing to the Client to return the Goods or any of them to the Company. Upon such notice the rights of the Client to obtain ownership or any other interest in the Goods shall cease.
(q) If the Client fails to return the Goods to the Company then the Company or the Company’s agent may enter upon and into land and premises owned, occupied or used by the Client, or any premises as the invitee of the Client, where the Goods are situated and take possession of the Goods, without being responsible for any damage thereby caused.
(r) Receipt by the Company of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised and until then the Company’s ownership of rights in respect of the Goods shall continue.
(s) The Client shall not charge the Goods in any way nor grant nor otherwise give any interest in the Goods while they remain the property of the Company.
(t) The Company may require payment of the Price or the balance of the Price due together with any other amounts due from the Client to the Company arising out of these terms and conditions, and the Company may take any lawful steps to require payment of the amounts due and the Price.
(u) The Company can issue proceedings to recover the Price of the Goods sold not withstanding that ownership of the Goods may not have passed to the Client.
(v) Until such time the Client has the Company’s authority to convert the goods into other products and if the goods are so converted, the parties agree that the Company will be the owner of the end products.

14. Security And Charge
14.1 Notwithstanding anything to the contrary contained herein or any other rights which the Company may have howsoever:
(a) Where the Client and/or the Guarantor (if any) is the owner of land, realty or any other asset capable of being charged, both the Client and/or the Guarantor agree to mortgage and/or charge all of their joint and/or several interest in the said land, realty or any other asset to the Company or the Company’s nominee to secure all amounts and other monetary obligations payable under the terms and conditions. The Client and/or the Guarantor acknowledge and agree that the Company (or the Company’s nominee) shall be entitled to lodge where appropriate a caveat, which caveat shall be released once all payments and other monetary obligations payable hereunder have been met.
(b) Should the Company elect to proceed in any manner in accordance with this clause and/or its sub-clauses, the Client and/or Guarantor shall indemnify the Company from and against all the Company’s costs and disbursements including legal costs on a solicitor and own Client basis.
(c) To give effect to the provisions of clause [14.1 (a) and (b)] inclusive hereof the Client and/or the Guarantor (if any) do hereby irrevocably nominate constitute and appoint the Company or the Company’s nominee, namely EC Credit Control Pty Limited as the Client’s and/or Guarantor’s true and lawful attorney to execute mortgages and charges (whether registerable or not) including such other terms and conditions as the Company and/or EC Credit Control Pty Limited shall think fit in his/her/its/their absolute discretion against the joint and/or several interest of the Client and/or the Guarantor in any land, realty or asset in favour of the Company and in the Client’s and/or Guarantor’s name as may be necessary to secure the said Client’s and/or Guarantor’s obligations and indebtedness to the Company and further to do and perform all necessary and other acts including instituting any necessary legal proceedings, and further to execute all or any documents in the Company’s absolute discretion which may be necessary or advantageous to give effect to the provisions of this clause.

15. Cancellation
15.1 The Company may cancel these terms and conditions or cancel delivery of Goods at any time before the Goods are delivered by giving written notice. The Company shall not be liable for any loss or damage whatever arising from such cancellation.

16. Privacy Act 1988
16.1 The Client and/or the Guarantor/s agree for the Company to obtain from a creditreporting agency a credit report containing personal credit information about the Client and Guarantor/s in relation to credit provided by the Company.
16.2 The Client and/or the Guarantor/s agree that the Company may exchange information about Client and Guarantor/s with those credit providers named in the Application for Credit account or named in a consumer credit report issued by a reporting agency for the following purposes:
(a) To assess an application by Client;
(b) To notify other credit providers of a default by the Client;
(c) To exchange information with other credit providers as to the status of this credit account, where the Client is in default with other credit providers; and
(d) To assess the credit worthiness of Client and/or Guarantor/s.
16.3 The Client consents to the Company being given a consumer credit report to collect overdue payment on commercial credit (Section 18K(1)(h) Privacy Act 1988).
16.4 The Client agrees that Personal Data provided may be used and retained by the Company for the following purposes and for other purposes as shall be agreed between the Client and Company or required by law from time to time:
(a) provision of Services & Goods;
(b) marketing of Services and or Goods by the Company, its agents or distributors in relation to the Services and Goods;
(c) analysing, verifying and/or checking the Client’s credit, payment and/or status in relation to provision of Services/Goods;
(d) processing of any payment instructions, direct debit facilities and/or credit facilities requested by Client; and
(e) enabling the daily operation of Client’s account and/or the collection of amounts outstanding in the Client’s account in relation to the Services and Goods.
16.5 The Company may give, information about the Client to a credit reporting agency for the following purposes:
(a) to obtain a consumer credit report about the Client; and or
(b) allow the credit reporting agency to create or maintain a credit information file containing information about the Client.

17. Unpaid Companys Rights To Dispose Of Goods
17.1 In the event that:
(a) the Company retains possession or control of the Goods; and
(b) payment of the Price is due to the Company; and
(c) the Company has made demand in writing of the Client for payment of the Price in terms of this contract; and
(d) the Company has not received the Price of the Goods, then, whether the property in the Goods has passed to the Client or has remained with the Company, the Company may dispose of the Goods and may claim from the Client the loss to the Company on such disposal.

18. Lien & Stoppage in Transit
18.1 Where the Company has not received or been tendered the whole of the price, or the payment has been dishonoured, the Company shall have:
(a) a lien on the goods;
(b) the right to retain them for the price while the Company is in possession of them;
(c) a right of stopping the goods in transit whether or not delivery has been made or ownership has passed; and
(d) a right of resale,
(e) the foregoing right of disposal, provided that the lien of the Company shall continue despite the commencement of proceedings or judgement for the price having been obtained.

19. General
19.1 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.
19.2 All Services/Goods supplied by the Company are subject to the laws of Victoria and the Company takes no responsibility for changes in the law which affect the Services/Goods supplied.
19.3 The Company shall be under no liability whatever to the Client for any indirect loss and/or expense (including loss of profit) suffered by the Client arising out of a breach by the Company of these terms and conditions.
19.4 In the event of any breach of this contract by the Company the remedies of the Client shall be limited to damages. Under no circumstances shall the liability of the Company exceed the Price of the Goods.
19.5 The Client shall not set off against the Price amounts due from the Company.
19.6 The Company may license or sub-contract all or any part of its rights and obligations without the Client’s consent.
19.7 The Company reserves the right to review these terms and conditions at any time and from time to time. If, following any such review, there is to be any change in such terms and conditions, that change will take effect from the date on which the Company notifies the Client of such change.
19.8 Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock out, industrial action, fire, flood, drought, storm or other event beyond the reasonable control of either party.