• 1.1.      The Customer shall make payment for the goods within 30 days of invoice date.
• 1.2.      Any monies that remain unpaid after 30 days from invoice date shall attract interest at the rate of 1.5% per month.
• 1.3.      The Customer acknowledges that LIIVE VISION’S marketing policy limits the distribution of its products to surf shops and other   approved outlets. The Customer agrees not to display or sell the goods supplied to it by LIIVE VISION  from any other premises other than the shop address listed in Item 2 and not to on-sell, supply or deliver the goods to any other person such that the goods are displayed for sale or sold at any other premises.
• 1.4.     The property in the goods purchased under this trading account does not pass to the Customer until the Customer has paid LIIVE VISION  in full, although the risk associated with the goods shall pass to the Customer with possession.
• 1.5.     The Customer shall not dispose of the goods without prior written consent of LIIVE VISION until they have fully paid for the goods and the property in the goods has passed.
• 1.6.     In the event that LIIVE VISION  consents to the Customer disposing of the goods before they have been fully paid for- the Customer may dispose of the goods as agent for LIIVE VISION , but shall not represent to any third party that the Customer is acting for LIIVE  VISION  and LIIVE VISION will not be bound by any contract entered into by the Customer with a third party; and
  • 4.2(i) The Customer shall deposit and keep deposited the proceeds from the sale into a separate bank account which is specifically designated as funds held on trust for LIIVE VISION.
• 1.1.     The Customer shall, until the goods are paid for in full, store LIIVE VISION goods separately from the Customer’s own.
  • 4.3(i) until the goods are paid in full, the Customer shall not destroy the goods, affix the goods to any other goods or use the goods in any way so that they lose their identity. LIIVE VISION may, in the event that the Customer fails to pay for the goods on or before the due date, enter the Customer’s property and re-take possession of the goods.          
  • 4.4      If LIIVE VISION exercises its rights to re-take possession, LIIVE VISION may re-sell the goods to a third party and sue the Customer for any deficiency in the sale price upon resale of the goods.
  • 4.4(i) LIIVE VISION rights under this clause in no way limit any other rights which LIIVE VISION may have against the Customer.
  • 4.5     Until the goods are fully paid for, the relationship of the parties shall be a fiduciary relationship and the Customer shall hold the goods and any other proceeds of their sale as LIIVE VISION bailee and on trust for LIIVE VISION.
• 1.1.1. The Customer is entitled to a period of credit but is required to account to LIIVE VISION for the price of the goods once the goods are sold and the proceeds of sale received.
• 5. The trading account may be closed at any time by either party.
• 6. We reserve the right to recover any fees or charges incurred for recovery action relating to outstanding monies. This will include Debt Collection fees at the rate of 28% of the outstanding amount, plus GST.

TO: LIIVE VISION PTY LTD

• The Guarantor/s  guarantee/s to pay LIIVE VISION  on demand all monies owed by the Customer to LIIVE VISION  for goods supplied under the trading agreement notwithstanding:-                                      
  • 1.1    That the Guarantor/s shall not have notice of any neglect or omission on the part of the Customer; and
  • 1.2    That any demand for payment from the Customer has not been made.
• LIIVE VISION shall be at liberty without notice to the Guarantor/s and without in any way  discharging the Guarantor/s obligations under this agreement, to grant time or other indulgence to the Customer for the payment of monies
• A demand under this Guarantee shall be made to the Guarantor/s at either of the addresses referred to in Item 2 and 3 of this Application, By delivering or mailing a notice of demand.