1. ACCOUNTS

1.1 Unless otherwise arranged, all accounts are payable 20th month following the date of the invoice. Circuit Designs Ltd (CDL) retains ownership of all goods and copyrights until the account is paid IN FULL. Any repossession, debt collection or legal costs incurred to recoup overdue debt may be passed on.

1.2 If the account is not paid within 30 days after the due date, our debt recovery agency may charge you a fee equal of 25% of the unpaid portion of the price, but not less than $25.00. Where the total agency, legal and other costs arising from recovery of any amount owing exceeds the debt recovery fee charged, our agent is also entitled to recover such additional costs from you. This clause is intended to be for the benefit of and be enforceable by our debt recovery agency under the contracts (Privacy) Act 1982.

1.3 Circuit Designs Ltd will be entitled to charge interest at the rate of 1% per month on all amounts that have not been paid in full by the 20th of the month following the month of delivery.

1.4 Any claim against an invoice must be made within 7 days.

2. LIABILITY

2.1 The Consumer Guarantees Act 1993, the Fair Trading Act 1986 and other statutes may imply warranties or conditions or impose obligations upon CDL which cannot by law (or which can only to a limited extent by law) be excluded or modified. In respect of any such implied warranties, conditions or terms imposed on CDL, liability shall, where it is allowed, be excluded or if not able to be excluded only apply to the minimum extent required by the relevant statute.

2.2 Except as otherwise provided by clause 2.1 CDL shall not be liable for:

2.2.1 Any loss or damage of any kind whatsoever, arising from the supply of Services by CDL to the Client, including consequential loss whether suffered or incurred by the Client or another person and whether in contract or tort (including negligence) or otherwise and irrespective of whether such loss or damage arises directly or indirectly from Services provided by CDL to the Client.

2.3 The Client shall indemnify CDL against all claims and loss of any kind whatsoever however caused or arising and without limiting the generality of the foregoing of this clause whether caused or arising as a result of the negligence of CDL or otherwise, brought by any person in connection with any matter, act, omission, or error by CDL its agents or employees in connection with the Services.

2.4 The Client shall indemnify CDL against all claims and loss of any kind whatsoever including consequential loss caused or arising as a result of the Client’s breach of these this agreement.

2.5 If contrary to the disclaimer or liability contained in these terms and conditions of trade CDL is deemed liable to the Client, following and arising from the supply of Services by CDL to the Client, then such liability is limited in its aggregate to the fee for the service in respect of which such liability arises.

2.6 Engaging Circuit Design’s services, in any form, implies acceptance with these conditions.