Terms and Conditions
(Please note that these terms and conditions can only be changed by agreement in writing)
You appoint FMC as your agent for debt recovery.
Once instructed to proceed with collection action, no arrangements or negotiations should be made with the debtor without FMC first being notified. Dealing directly with the debtor, after an account has been placed for collection, may affect your legal rights of recovery.
FMC, once instructed to proceed with collection action, is authorised to take any action necessary to attempt collection of outstanding accounts submitted and is entitled to commission if the matter is withdrawn, held for more than one month, payment is made, a contra is made or if a credit is passed.
All incidental expenses such as solicitors fees, court fees, defended solicitors costs, service fees and other charges are payable to FMC when charged but refunded if and when recovered from the debtor by FMC. These charges are not fixed and changes occur. Current charges are available on request. FMC charges a placement fee of $4.95 per account submitted that is under $500.
In the event that FMC is carrying solicitors costs on behalf of the client, FMC is entitled to charge those costs if the matter is held, instructions are not provided within 7 days of our request, the matter is withdrawn, a payment is made, the matter is defended or FMC is prevented from collecting the costs from the debtor by the client. The client will still be responsible for the court fees associated with the collection of solicitors costs should the debt be paid.
FMC will remit monthly the balance of trust monies after deducting all charges. Any debit statement rendered by FMC is payable STRICTLY 7 DAYS. Interest of 1.5% per month will be charged on all accounts outstanding 30 days or more from invoice/statement. Action will be held on any account where FMC’s account remains unpaid beyond 30 days of the invoice/statement date.
The client authorises FMC to select from its panel of solicitors to provide the legal services for the client should they be required. FMC may request prepayment for services requiring solicitors action. The client authorises FMC to instruct the solicitor as required and sign documents on behalf of the client.
All legal actions will be initiated from NSW courts unless further instructions are given by the client.
FMC shall be entitled to retain custody of any papers, documents and files until any account rendered is paid in full. You whereby grant Forster Mercantile Collections Pty Ltd a lien over all papers, documents and other information until such time as full payment of the account is made.
The client is responsible for keeping FMC informed of any changes to its registered details. All changes should be advised in writing to GPO Box 4900 Sydney NSW 2001 or email solutions@forstermercantile.com.
Reports Terms and Conditions
CONDITIONS OF SUBSCRIPTION
In making an application to become a subscriber to Forster Mercantile Collections Pty Ltd (FMC), as a reseller of the services of Australian Business Research (ABR) & Veda Advantage Business Information Services Ltd (Veda Advantage), I/we acknowledge and agree to be bound by the conditions of terms and conditions of trade as set out on this application form, as varied from time to time by FMC, ABR, Veda Advantage by notice in writing to me/us. I/We acknowledge and agree:
1 To pay the prescribed fees of FMC (including any GST payable), for enquiries made on my/our behalf and for various services applied to me/us such fees to be determined by
FMC from time to time, with such payment to be made within 7 Days of the invoice due date and in a manner determined by FMC;
2 That FMC, ABR, Veda Advantage will provide invoices and or any other documentation, that may be necessary or desirable to enable or assist me/us in claiming any credit, set-off, rebate or refund in relation to any amount of GST paid or payable pursuant to any payment made by me/us under this contract;
3 To supply FMC, ABR, Veda Advantage as requested from time to time with the particulars of persons dealing with me/us in accordance with any applicable legislation and any requirements of FMC, ABR, Veda Advantage;
4 To respect the sensitive nature of the information that FMC, ABR, Veda Advantage provides and to comply with all legislation regarding the handling of that information;
5 Not to knowingly seek the disclosure from FMC, ABR, Veda Advantage of any personal information from any such credit information files kept by FMC, ABR, Veda Advantage where disclosure of such information would give rise to a contravention by Veda Advantage of the provisions of Section 18K or such other sections of the Privacy Act 1988 (as amended) as may apply;
6 That FMC, ABR, Veda Advantage obtains all information on its database from its customers or other third parties and relies on those suppliers to ensure that the information is accurate;
7 That FMC, ABR, Veda Advantage does not independently verify information supplied to it and hence does not guarantee the accuracy of any information supplied to me/us. Veda Advantage is not liable for any claim, loss or damage suffered by me/us resulting from or arising out of any information supplied by FMC,ABR, Veda Advantage;
8 That FMC, ABR, Veda Advantage excludes all liability in any course of action whatsoever for loss or damage arising out of or in connection with any decision made using information supplied by Veda Advantage, including without limitation, loss of profits and damage suffered as a result of claims by any third person;
9 To indemnify FMC, ABR, Veda Advantage in respect of all:
demands, claims, actions, proceedings, or suits brought against FMC, ABR, Veda Advantage, whether in law or equity;
liabilities of Veda Advantage; and
costs and expenses including legal costs and expenses (on a solicitor and own client basis) incurred by FMC, ABR, Veda Advantage
arising directly or indirectly out of the use or reliance on the information supplied by or through me/us to Veda Advantage which is inaccurate for any reason including because of error or omission;
10 Nothing in these terms excludes or limits FMC’s, ABR’s, Veda Advantage’s or my/our liability for breach of any condition or warranty implied by the Trade Practices Act that cannot be excluded or limited;
11 To comply with all applicable legislation (including any of our obligations under the Privacy Act 1988) and all other regulatory requirements in using the services;
12 To advise FMC promptly upon request the purpose for which information is being requested by me/us from FMC, ABR, Veda Advantage and I/we acknowledge that FMC, ABR, Veda Advantage may refuse to supply me/us with any information which is requested by me/us in its absolute discretion;
13 To advise FMC promptly of any change in the ownership or control of my/our business/company that may affect my/our ability to satisfy these terms and conditions;
14 In the event of a breach of the foregoing terms and conditions, FMC, ABR ,Veda Advantage may suspend or cancel my/our access to FMC services, or seek any other relief that may be available to it; and
15 That it remains my/our responsibility to comply with all the outlined conditions above.
PROCESS OF APPLICATION
1 Agreement that FMC may seek consumer credit information (Section 18K (1)(b) Privacy Act 1988).
2 If FMC considers it relevant to assessing my/our application for commercial credit, I/we agree to Veda Advantage obtaining from a credit reporting agency a credit
report containing personal credit information about me/us in relation to commercial credit provided by Veda Advantage.
3 Exchanging information with other credit providers (Section 18N (1)(b) Privacy Act 1988).
4 I/We agree to FMC obtaining personal information about me/us from other credit providers, whose names I/we may have provided for Veda Advantage or that may be
named in a credit report, for the purpose of assessing my/our application for commercial credit, made to the Company.
