Our policies
Cooling Brothers Terms and Conditions of sale
Definitions
1. In these terms and conditions:
‘Applicant’ means the person, firm, organisation, partnership, corporation, trustee of a trust or other entity (including its successors and permitted assigns) to whom goods and/or services are provided by the Supplier.
‘Supplier’ means each of Cooling Bros. Glazing Company Pty Ltd ACN 158 941 425 as The Trustee for The Glazing Unit Trust ABN 58 137 446 398, Cooling Bros. Glass Company Pty Ltd ACN 059 933 809, Cooling Bros. Glass Sydney Pty Ltd ACN 626 547 788, Cooling Bros. Glass Melbourne Pty Ltd ACN 638 298 405 and their related bodies corporate (as that term is defined in the Corporations Act 2001).
Payment terms
2. The terms of payment are strictly thirty (30) days from the end of month of purchase (or such other period as nominated by the Supplier herein). The Supplier may, at any time, vary the terms and conditions of trade in accordance with the provisions of this agreement.
3. The Applicant must check all invoices and advise the Supplier of any errors or omissions within seven (7) days of receipt. Failing advice from the Applicant that the invoice contains any errors or omissions, the invoice may be deemed accepted by the Supplier.
4. Should the Applicant not pay for the goods or services supplied by the Supplier in accordance with the credit terms as provided herein, or as agreed in writing by the Supplier and Applicant from time to time, after issuing a written demand to the Applicant demanding payment within fourteen (14) days, the Supplier will be entitled to charge an administration fee of ten (10) percent of the amount of the invoice payable.
5. The Applicant acknowledges that the Supplier shall be at liberty to charge a surcharge for credit card transactions equal to the merchant fees incurred by the Supplier.
Purpose of credit
6. The Applicant acknowledges and agrees that the credit to be provided to the Applicant by the Supplier is to be applied wholly or predominantly for commercial purposes.
Formation of contract
7. Quotations shall remain valid for a period of thirty (30) days from the date of quotation, unless otherwise specified in writing. The Supplier, in its sole discretion, reserves the right to withdraw, vary or extend any quotation at any time prior to the formation of a contract in accordance with clause 8.
8. Quotations made by the Supplier will not be construed as an offer or obligation to supply in accordance with the quotation. The Supplier reserves the right to accept or reject, at its discretion, any offer to purchase received by it upon provision of written reasons to the Applicant. Only written acceptance by the Supplier of the Applicant’s offer will complete a contract.
9. Placement of an order, either verbally or in writing, will imply acceptance of these terms and conditions.
10. At the Supplier’s sole discretion, a deposit may be required. The deposit amount or percentage of the price due will be stipulated at the time of the order of the goods and/or services and shall immediately become due and payable upon the formation of a contract in accordance with clause 8.
Variations
11. Where the Applicant requests or directs that any additional goods and/or services be supplied that are not strictly in accordance with the quotation, then such additional goods and/or services shall constitute a variation, unless otherwise agreed between the parties.
12. The Applicant understands and agrees that:
(a) all variations must be agreed between the parties in writing prior to the goods and/or services being supplied; and
(b) all variations shall be, at the Supplier’s discretion, invoiced at the rate(s) specified in the quotation, as specifically quoted, or in accordance with the Supplier’s current prevailing rates (as amended from time to time).
13. Notwithstanding clauses 11 and 12, and subject to any rights the Applicant might have under any relevant legislation, the Supplier reserves the right to vary the quoted price if:
(a) there is any movement in the cost of supplying the goods and/or services specified in the Applicant’s order;
(b) the goods and/or services specified in the Applicant’s order are varied from the goods and/or services specified in the Supplier’s quotation; or
(c) otherwise provided for in these terms and conditions.
Cancellation of orders
14. Unless otherwise agreed in writing between the parties, the Applicant may not cancel an order (or any part of an order) unless the Applicant pays to the Supplier (in the Supplier’s sole discretion) any and all costs incurred by the Supplier in relation to the cancelled order (or cancelled part of an order) up until and including the date of cancellation.
15. Notwithstanding any other rights the Supplier may have under this agreement, the Supplier may cancel any order or delivery of any order, by providing written notice to the Applicant if the Applicant:
(a) defaults in payment of any invoice by the due date;
(b) enters into liquidation or, in the case the Applicant is an individual, becomes bankrupt; or
(c) breaches an essential term of this agreement.
16. To the fullest extent permitted by law, the Supplier accepts no liability for any loss whatsoever incurred by the Applicant or any third party as a result of the Supplier exercising its rights under clause 15.
Delivery
17. The Supplier will deliver to the address detailed in the Applicant’s order, or to such other place as agreed by the Supplier in writing.
18. The Applicant shall be liable for all costs associated with delivery, including freight, insurance, handling and other charges, unless otherwise agreed in writing.
19. The Applicant acknowledges and accepts that any estimated delivery or supply of goods provided by the Supplier is an estimate only and the Supplier will not be liable for any loss suffered by the Applicant as a result of any delay in the delivery of goods or non-delivery of the goods.
20. Delivery will be made within normal business hours between Monday to Friday, 8.00am to 5.00pm only (unless otherwise agreed to in writing).
21. Delivery is deemed to occur at the earlier of:
(a) the collection of goods from the Supplier by the Applicant or any third party on behalf of the Applicant;
(b) the time of loading of goods at the Supplier’s premises for the purpose of delivery to the Applicant.
22. The Supplier is entitled to charge a reasonable fee for storage and/or redelivery charges in the event the Applicant does not, or is unable to, accept delivery of the goods.
23. The Applicant accepts that the Supplier may deliver goods by instalments and require payment for each separate instalment in accordance with these terms and conditions.
24. The Applicant acknowledges and accepts that it is not relieved from any obligation arising under these terms and conditions by reason of any delay in delivery.
Returns
25. The Applicant must inspect the goods immediately upon delivery and must within seven (7) days after the date of inspection give written notice to the Supplier with particulars, of any claim that the goods are not in accordance with this agreement. Further, the Applicant must, upon request from the Supplier, allow the Supplier to enter upon any premises occupied by the Applicant to inspect the goods that are subject of the claim. If the Applicant fails to give notice, or refuses to allow the Supplier to inspect the goods, then to the extent permitted by law, the goods must be treated as having been accepted by the Applicant and the Applicant must pay for the goods in accordance with these terms and conditions.
26. The Applicant cannot return goods to the Supplier without the written agreement of the Supplier.
27. The Applicant acknowledges and agrees that any return, other than a return due to a default by the Supplier under this agreement or as otherwise permitted by law, will incur a handling and administration charge of ten (10) percent of the purchase price of the returned goods.
28. Unless otherwise agreed in writing between the parties, the Applicant must pay all costs associated with the return of any goods (either to the Supplier or from the Supplier to the Applicant or any third party) including freight, insurance, handling and other charges. Goods to be returned to the Supplier must be packed and wrapped appropriately and must include all original packaging and documentation. The Supplier accepts no liability for any damage that occurs to any goods in return transit.
Non-Stock Items
29. The Applicant acknowledges that orders for non-stock, custom-made, and special goods (Non-Stock Items) may have to be purchased in minimum quantities and that the Applicant will be notified if this applies in respect of the Applicant’s order.
30. Notwithstanding anything herein to the contrary, and subject to any rights the Applicant might have under the Competition and Consumer Act 2010 (ACL) or any relevant State or Federal Legislation, the Applicant acknowledges and agrees that Non-Stock Items are non-refundable and cannot be returned to the Supplier, unless otherwise agreed in writing by the Supplier.
Risk
31. Risk of damage to or loss of the goods passes to the Applicant on delivery and the Applicant must insure the goods on or before delivery.
32. If any of the goods are damaged or destroyed following delivery but prior to ownership passing to the Applicant, the Supplier is entitled to receive all insurance proceeds payable for the goods to the extent of the indebtedness of the Applicant to the Supplier. The production of these terms and conditions by the Supplier is sufficient evidence of the Supplier’s rights to receive the insurance proceeds without the need for any person dealing with the Supplier to make further enquires.
33. If the Applicant requests that goods are delivered either to an unattended location, left outside, or are left outside the Supplier’s premises for collection, the Applicant acknowledges that the Supplier will deliver the Goods as requested at the Applicant’s risk.
Retention of title
34. Until such time as the Applicant has made payment in full for the goods and until such time as the Applicant has made payment in full of all other money owing by the Applicant to the Supplier (whether in respect of money payable under a specific contract or on any other account whatsoever):
(a) title in the goods does not pass to the Applicant;
(b) the Applicant agrees that property and title in the goods will not pass to the Applicant and the Supplier retains the legal and equitable title in those goods supplied and not yet sold;
(c) the Applicant will hold the goods in a fiduciary capacity for the Supplier and agrees to store the goods in such a manner that they can be identified as the property of the Supplier, and will not mix the goods with other similar goods; and
(d) the Applicant will be entitled to sell the goods in the ordinary course of its business, but will sell as agent and bailee for the Supplier and the proceeds of sale of the goods will be held by the Applicant on trust for the Supplier absolutely.
35. The Applicant’s indebtedness to the Supplier, whether in full or in part, will not be discharged by the operation of clause 34(d) hereof unless and until the funds held on trust are remitted to the Supplier.
36. The Applicant agrees that whilst property and title in the goods remains with the Supplier, the Supplier has the right, with prior notice to the Applicant, to enter upon any premises occupied by the Applicant (or any receiver, receiver and manager, administrator, liquidator or trustee in bankruptcy of the Applicant) to inspect the goods of the Supplier and to repossess the goods which may be in the Applicant’s possession, custody or control when payment is overdue.
37. The Applicant will be responsible for the Supplier’s reasonable costs and expenses in exercising its rights under clause 36 where the Applicant is otherwise in default of the terms of this agreement. Where the Supplier exercises any power to enter the premises, that entry will not give rise to any action of trespass or similar action on the part of the Applicant against the Supplier, its employees, servants or agents.
38. The Applicant agrees that where the goods have been retaken into the possession of the Supplier, the Supplier has the absolute right to sell or deal with the goods, and if necessary, sell the goods with the trademark or name of the Applicant on those goods, and the Applicant hereby grants an irrevocable licence to the Supplier to do all things necessary to sell the goods bearing the name or trademark of the Applicant.
39. For the avoidance of doubt, the Supplier’s interest constitutes a ‘purchase money security interest’ pursuant to the PPSA.
Cancellation of terms of credit
40. The Supplier reserves the right to withdraw credit at any time upon provision of 48 hours’ written notice.
41. Notwithstanding clause 40, if the Applicant defaults in the payment of any amount due to the Supplier pursuant to this agreement and does not cure such default within seven (7) days after being given notice of such default, the Supplier may terminate this agreement (to be effective immediately) upon notice to the Applicant.
42. Upon the withdrawal of credit in accordance with clause 40, or upon termination of this agreement in accordance with clause 41, all liabilities incurred by the Applicant become immediately due and payable to the Supplier.
43. For the avoidance of doubt, termination of this agreement will not affect:
(a) the right of any party to whom money is owed hereunder at the time of termination to receive that money according to the provisions hereof; and
(b) the rights and/or obligations pursuant to this agreement which by their nature are intended to survive termination of this agreement.
Indemnity
44. The Applicant agrees to indemnify the Supplier and keep the Supplier indemnified against any claim that arises out of the goods and services supplied under this agreement to the extent that such a claim is a consequence of a default by the Applicant under the terms of this agreement. This indemnity includes any legal fees and expenses the Supplier incurs in order to enforce its rights, on an indemnity basis.
Provision of further information
45. The Applicant undertakes to comply with any reasonable written requests by the Supplier to provide further information for the purpose of assessing the Applicant’s creditworthiness, including an updated credit application.
46. If the Applicant is a corporation (with the exception of a public listed company), it must advise the Supplier of any alteration to its corporate structure (for example, by changing directors, shareholders, or its constitution). In the case of a change of directors or shareholders the Supplier may ask for its directors to sign a guarantee and indemnity.
Corporations
47. If the Applicant is a corporation, the Applicant warrants that all of its directors have signed this agreement and acknowledges that all of its directors may be required to enter into a guarantee and indemnity with the Supplier in relation to the Applicant's obligations to the Supplier.
Trustee capacity
48. If the Applicant is the trustee of a trust (whether disclosed to the Supplier or not), the Applicant warrants to the Supplier that:
(a) the Applicant enters into this agreement in both its capacity as trustee and in its personal capacity;
(b) the Applicant has the right to be indemnified out of trust assets;
(c) the Applicant has the power under the trust deed to sign this agreement; and
(d) the Applicant will not retire as trustee of the trust or appoint any new or additional trustee without advising the Supplier and having the new or additional trustee sign an agreement on terms substantially the same as this agreement.
49. The Applicant must give the Supplier a copy of the trust deed upon request.
Partnership
50. If the Applicant enters into this agreement in its capacity as a partnership, the Applicant warrants that all of the partners have signed this agreement and that all of the partners may be required to enter into a guarantee and indemnity with the Supplier in relation to the Applicant's obligations to the Supplier.
51. If the Applicant is a partnership, it must not alter its partnership (for example, adding or removing partners or altering its partnership agreement) without advising the Supplier. In the case of a change of partners, the Supplier may ask for new guarantors to sign a guarantee and indemnity.
Insolvency
52. If the Applicant becomes insolvent, to the extent permitted by law, the Applicant remains liable under this agreement for payment of all liabilities incurred hereunder. The Applicant remains liable under this agreement even if the Supplier receives a dividend or payment as a result of the Applicant being insolvent.
Waiver
53. A waiver of any provision or breach of this agreement by the Supplier must be made by an authorised officer of the Supplier in writing. A waiver of any provision or breach of this agreement by the Applicant must be made by the Applicant's authorised officer in writing.
54. Until ownership of the goods passes, the Applicant waives its rights it would otherwise have under the PPSA (unless otherwise agreed to in writing by the Supplier and the Applicant):
(a) under section 95 to receive notice of intention to remove an accession; (b) under section 118 to receive notice that the Supplier intends to enforce its security interest in accordance with land law; (c) under section 121(4) to receive a notice of enforcement action against liquid assets; (d) under section 129 to receive a notice of disposal of goods by the Supplier purchasing the goods; (e) under section 130 to receive a notice to dispose of goods; (f) under section 132(1) to receive a statement of account following disposal of goods; (g) under section 132(4) to receive a statement of account if no disposal of goods for each 6 month period; (h) under section 135 to receive notice of any proposal of the Supplier to retain goods; (i) under section 137(2) to object to any proposal of the Supplier to retain or dispose of goods; (j) under section 142 to redeem the goods; (k) under section 143 to reinstate the security agreement; and (l) under section 157(1) and 157(3) to receive a notice of any verification statement.
Security/charges
55. The Applicant charges in favour of the Supplier all of its estate and interest in any real property, whether held in its own right or as capacity as trustee, the Applicant owns at present and in the future with the amount of its indebtedness hereunder until discharged.
56. The Applicant charges in favour of the Supplier all of its estate and interest in any personal property, whether held in its own right or as capacity as trustee, the Applicant owns at present and in the future with the amount of its indebtedness hereunder until discharged.
57. As security for the payment of the amount of its indebtedness to the Supplier from time to time, the Applicant irrevocably appoints as its duly constituted attorney the Supplier's company secretary from time to time to execute in the Applicant's name and as the Applicant's act and deed any real property mortgage, bill of sale or consent to any caveat the Supplier may choose to lodge against real property that the Applicant may own in any Land Titles Office in any state or territory of Australia, even though the Applicant may not have defaulted in carrying out its obligations hereunder upon written notice and demand to the Applicant (in the event that there is no default by the Applicant in carrying out its obligations hereunder).
58. Where the Applicant has previously entered into an agreement with the Supplier by which the Applicant has granted a charge, mortgage or other security interest (including a security interest as defined in the Personal Property Securities Act 2009 (PPSA)) over or in respect of real or personal property, those charges, mortgages or other security interests and the terms which directly or indirectly create rights, powers or obligations in respect thereto will continue and co-exist with the obligations and security interests created in this agreement and will secure all indebtedness and obligations of the Applicant under this agreement. The Supplier may, at its election and upon the provision of written notice, vary the terms of such previous charges, mortgages or other securities to reflect the terms herein.
Costs
59. The Applicant must pay for its own legal, accounting and business costs and all costs incurred by the Supplier relating to any default by the Applicant under this agreement. The Applicant must also pay for all stamp duty and other taxes payable on this agreement (if any).
60. The Applicant will pay the Supplier’s costs and disbursements incurred in pursuing any recovery action, or any other claim or remedy, against the Applicant, including collection costs, debt recovery fees and legal costs on an indemnity basis.
61. Subject to clauses 62 and 63, the Applicant acknowledges and agrees that payments by the Applicant will be applied by the Supplier as follows.
(a) Firstly, in payment of any and all collection costs and legal costs in accordance with clauses 37 and 60.
(b) Secondly, in payment of any interest incurred in accordance with clause 66.
(c) Thirdly, in payment of the outstanding invoice(s), or part thereof in an order determined by the Supplier in its absolute discretion.
62. To the extent that payments have been allocated to invoices by the Supplier in its business records, the Supplier may, at its sole and unfettered discretion, allocate and/or retrospectively reallocate payments in any manner whatsoever at the Supplier’s absolute discretion, including in a manner inconsistent with clause 61 herein.
63. Payments allocated (and/or reallocated) under clause 61 and/or 62 will be treated as though they were allocated (and/or reallocated) in the manner determined by the Supplier on the date of receipt of payment.
Taxes and duty
64. The Applicant must pay GST on any taxable supply made by the Supplier to the Applicant under this agreement. The payment of GST is in addition to any other consideration payable by the Applicant for a taxable supply.
65. If as a result of:
(a) any legislation becoming applicable to the subject matter of this agreement; or
(b) any changes in legislation or its interpretation by a court of competent jurisdiction or by any authority charged with its administration;
the Supplier becomes liable to pay any tax, duty, excise or levy in respect of the amounts received from the Applicant, then the Applicant must pay the Supplier these additional amounts on 48 hours’ written demand.
Interest rates
66. The interest rate on any outstanding debts is a fixed rate of ten (10) percent per annum.
Set-off
67. All payments required to be made by the Applicant under this agreement will be made free of any set-off, or counterclaim and without deduction or withholding, unless agreed to otherwise by the Supplier and the Applicant in writing or as required by law. Any reasonable requests to set-off or withhold amounts outstanding will be considered by the Supplier.
68. Any amount due to the Supplier from time to time may be deducted from any monies which may be or may become payable to the Applicant by the Supplier.
Limitation of liability
69. In relation to the supply of goods, to the extent permitted by law, the Supplier’s liability to the Applicant, whether under contract, in tort (including negligence and negligent misstatement), equity, statute or otherwise, is limited to:
(a) replacing the goods or supplying similar goods; (b) repairing the goods; (c) providing the cost for replacing the goods or for acquiring equivalent goods; and (d) providing the cost for having the goods repaired.
70. In relation to the supply of services, to the extent permitted by law, the Supplier’s liability to the Applicant, whether under contract, in tort (including negligence and negligent misstatement), equity, statute or otherwise, is limited to:
(a) supplying the service again; or (b) providing for the cost of having the services supplied again.
71. The Supplier is not liable for loss of profit, economic or financial loss, damages, consequential loss, loss of opportunity or benefit, loss of a right or any other indirect loss suffered by the Applicant as a result of the goods and/or services supplied under this agreement.
Miscellaneous
72. The Supplier is not liable for any loss caused to the Applicant by reason of strikes, lockouts, fires, riots, war, embargoes, civil commotions, supplier shortages, plant or mechanical breakdown, acts of God or any other activity beyond the Supplier's control.
73. The Applicant will, at the request of the Supplier, execute documents and do such further acts as may be required for the Supplier to register pursuant to the PPSA the security interest granted by the Applicant under the PPSA.
74. The Applicant agrees to accept service of any document required to be served, including any notice under this agreement or the PPSA or any originating process, by prepaid post at any address nominated in this application or any other address later notified to the Supplier by the Applicant or the Applicant’s authorised representative.
75. The Applicant further agrees that where the Supplier has rights in addition to those under part 4 of the PPSA, those rights will continue to apply.
76. The Applicant irrevocably grants to the Supplier the right to enter upon the Applicant’s property or premises, with notice, and without being in any way liable to the Applicant or to any third party, if the Supplier has cause to exercise any of its rights under sections 123 and/or 128 of the PPSA, and the Applicant shall reasonably indemnify the Supplier from any claims made by any third party as a result of such exercise.
77. Other than those terms, conditions and warranties imposed and required to be binding by statute (including the ACL) which cannot lawfully be excluded, restricted or modified, all terms, conditions, warranties, indemnities and statements (whether express, implied, written, oral, collateral, statutory or otherwise) which are not expressly set out in these terms and conditions are hereby excluded.
Severance
78. If any provision of this agreement is not enforceable in accordance with its terms, other provisions which are self-sustaining are, and continue to be, enforceable in accordance with their terms.
79. If any part of this agreement is invalid or unenforceable, that part is deleted and the remainder of the agreement remains effective.
Variation
80. The Applicant agrees that these terms and conditions may be varied, added to, or amended by an authorised officer of the Supplier at any time by written notice to the Applicant. Subject to clause 81, after fourteen (14) days of receipt of the written notice of the variation(s), the variation(s) will be deemed agreed by the Applicant.
81. If the Applicant does not agree with the variation(s) proposed by the Supplier, it must notify the Supplier in writing within fourteen (14) days from receipt of the written notice that the variation(s) is/are not agreed to. The Supplier and/or the Applicant will then be at liberty to suspend/withdraw credit facilities until such time as agreement can be reached between the parties regarding the proposed variation(s). Clerical errors (such as spelling mistakes or grammatical errors) may be subject to correction by the Supplier without notification.
82. Any proposed variation to these terms and conditions by the Applicant must be requested in writing. The Supplier may refuse any such request without providing reasons either orally or in writing.
83. Variations requested by the Applicant will only be binding upon the Supplier if they are in writing signed by an authorised officer of the Supplier.
Consent to register
84. The Applicant hereby consents to the Supplier recording the details of this agreement on the Personal Property Securities Register and agrees to do all things necessary and reasonably required by the Supplier to effect such registration.
85. The Applicant waives any right or entitlement to receive notice of the registration of any security interest(s) created by this instrument on the Personal Property Securities Register.
Jurisdiction
86. The Applicant acknowledges and agrees that this agreement will be governed by the laws of Western Australia, and the laws of the Commonwealth of Australia which are in force in Western Australia.
87. The Applicant acknowledges and agrees that any contract for the supply of goods or services between the Supplier and the Applicant is formed at the address of the Supplier.
88. The parties to this agreement submit to the non-exclusive jurisdiction of the courts of Western Australia and the relevant federal courts and courts competent to hear appeals from those courts.
Entire agreement
89. This agreement constitutes the entire agreement between the parties relating in any way to its subject matter unless agreed to otherwise by the Supplier and the Applicant in writing. All previous negotiations, understandings, representations, warranties, memoranda or commitments about the subject matter of this agreement are merged in this agreement and are of no further effect. No oral explanation or information provided by a party to another affects the meaning or interpretation of this agreement or constitutes any collateral agreement, warranty or understanding.
90. Notwithstanding the preceding paragraph, in circumstances where there is a pre-existing written credit agreement (Original Agreement) between the Applicant and the Supplier, these terms and this agreement will constitute a variation of the Original Agreement whereby the terms of the Original Agreement are deleted and replaced with the terms herein, unless the terms of the Original Agreement are otherwise expressly or implicitly preserved by the terms herein in which case they will co-exist with the terms herein, and, to the extent of any inconsistency, these terms will prevail.
91. For the avoidance of doubt, the Applicant understands and agrees that these terms will prevail over, and the Supplier will not be bound by, any conditions (express or implied) added or provided by the Applicant, whether in an order or otherwise, unless otherwise agreed in writing by the Supplier
Privacy Act
92. The Applicant agrees to the terms of the Privacy Statement pursuant to the Privacy Act 1988 contained in this document.
Applicant’s Warranties
93. The Applicant warrants that:
(a) all information it has given the Supplier is true, accurate and complete in all material respects and not misleading in any material respect (including by omission) and it has not omitted to give the Supplier any information the Supplier might reasonably expect the Applicant to give; (b) it has examined all information and documentation provided by the Supplier (including, without limitation, reports and drawings); and (c) it has undertaken its own due diligence in connection with the supply of the goods and/or the provision of the services and is satisfied as to the suitability of the goods and/or the services for its purposes.
Cooling Brothers Privacy Statement
1. This privacy statement encompasses consents, notifications and disclosures under or in relation to the Privacy Act 1988 (Act).
2. The terms of this statement operate concurrently with any pre-existing privacy statement, authorisation or notification, whether contained in our credit application, terms and conditions of trade or otherwise, save to the extent of any inconsistency in which case the terms of this privacy statement shall prevail.
3. For the purpose of this statement, the terms “personal information”, “sensitive information”, “credit eligibility information”, “credit information”, “commercial credit purpose”, “credit guarantee purpose”, “consumer credit purpose”, “credit reporting body”, “credit provider”, “credit reporting information”, “credit reporting code” carry the same meaning as under the Act and the term “Information” means personal information, sensitive information, credit eligibility information, credit reporting information and credit information, both severally and collectively.
4. The Supplier may collect personal information about the Applicant and/or Guarantor(s) for the Supplier’s primary purposes which include the assessment of a credit application, reviewing existing credit terms, assessing credit worthiness, collecting overdue payments, assessing credit guarantees (current and prospective), internal management purposes, marketing, sales and business development purposes and direct marketing.
5. The Applicant and/or Guarantor(s) consent to the Supplier collecting, using and disclosing personal information (including sensitive information) for both their primary purposes specified herein and purposes other than the primary purposes, including the purpose of direct marketing.
6. The Supplier may collect, and may already have collected, Information from the Applicant and/or Guarantor(s), other credit providers, credit reporting bodies and other third parties for the purposes of its functions and activities including, but not limited to, credit, sales, marketing and administration. If the Information was not collected by the Supplier it may restrict or impede upon the Supplier trading with, extending credit to, continuing to extend credit to or extending further credit to the Applicant and/or Guarantor(s) or their related bodies corporate.
7. The Applicant and/or Guarantor(s) consent to the Supplier obtaining and making disclosure of Information about the Applicant and/or Guarantor(s) from and to a credit reporting body and/or another credit provider for a commercial credit related purpose and/or a credit guarantee purpose and/or a consumer credit purpose and/or another related purpose. The Supplier notifies the Applicant and/or Guarantor(s) that it may use and/or disclose credit eligibility information under section 21G of the Act.
8. The Supplier may provide personal information about the Applicant and/or Guarantor(s) to any or all of the credit reporting bodies nominated below. The Supplier intends to disclose default information to any or all of the credit reporting bodies listed below. The Applicant and/or Guarantor(s) consent to such disclosure. The Supplier’s credit reporting policy contains a statement of notifiable matters in accordance with s21C of the Act and items 4.1 and 4.2 of the Credit Reporting Code in respect of disclosure to credit reporting bodies including what the information may be used for, what the Supplier may disclose and the Applicant’s and/or Guarantor(s)’ right to request limitations to the use of their information.
Veda Advantage Level 15, 100 Arthur Street NORTH SYDNEY NSW 2060 Tel: 1300 921 621
Creditor Watch Level 13, 109 Pitt Street SYDNEY NSW 2000 Tel: 1300 501 312
NCI Level 2, 165 Grenfell St ADELAIDE SA 5000 Tel: 1800 882 820
Illion Level 2, 143 Coronation Drive MILTON QLD 4064 Tel: 07 3360 0600
Experian Level 6, 549 St Kilda Road MELBOURNE VIC 3004 Tel: 03 9699 0100
9. The Supplier may disclose Information to, and about them and the Applicant and/or Guarantor(s) hereby acknowledge that they consent to the disclosure of such information to the Supplier’s employees, subsidiaries, employees, agents and related bodies corporate, past, present or prospective credit providers of the Applicant and/or Guarantor(s) or their related bodies corporate, including for the purpose of that person considering whether to offer to act as guarantor or offer security for that credit.
10. By reason of the Applicant’s and/or Guarantor(s)’ consent to the disclosure to overseas recipients hereunder, APP 8.1 will not apply to the Supplier’s dealing with the Applicant’s and/or Guarantor(s)’ Information.
11. A full copy of the Supplier’s privacy policy and credit reporting policy can be obtained from the Supplier’s website (details above) or by making a request in writing directed to the Supplier’s privacy officer. The Supplier’s privacy policy and credit reporting policy contain information about how to access and seek correction of Information, or how to complain about a breach of the Act, APP, code(s) and how the Supplier will deal with any such complaint.
12. The Applicant and/or Guarantor(s) will be deemed to have acknowledged and accepted the terms of this privacy statement by either signing and returning this statement, failing to provide written notification to the Supplier within fourteen (14) days of receipt of this statement that its terms are not accepted, continuing to trade with the Supplier after receipt of this Statement or, if the Applicant and/or Guarantor(s) are directors or guarantors of a customer, by not taking steps to prevent the customer from continuing to trade with the Supplier after receipt of this statement.
Cooling Brothers Website Privacy Policy
Protecting your privacy and your personal information is important to us.
We will record your personal information (including email address) if you send us a message, register for a workshops or event, subscribe to our e-newsletter or join a survey/interest group.
The information you provide may be added to our client relationship management system (CRM) and used for future communications from us. We will also use any additional contact information you provide to assist us in responding to your enquiry or request, and to confirm any appointments and bookings. Subscribers to our e-news can unsubscribe at any time.
We will not use or disclose information collected about you other than for a purpose made known to you, a purpose you would reasonably expect, a purpose required, authorised or permitted by or under any law, or a purpose otherwise authorised by you.
Information collected
When you look at this website, our web server makes a record of your visit and logs the following information for statistical purposes:
- your server address
- your top level domain name (eg. .com, .gov, .au, .org)
- date and time of the visit to the site
- pages previously accessed and documents downloaded
- previous site visited
- type of browser used
Our website uses cookies to track usage patterns and traffic trends, and to improve your experience. The information about your use is only analysed on a bulk basis for broad demographic content. Individual use is not analysed.
Links to external websites
Material on this website contains links to other external websites not hosted on our domain. Links to external sites are provided in good faith as a service only and it is the responsibility of the user to make their own decisions about the accuracy, currency and reliability of information found on external sites.
Downloading material
Where this website includes material intended for download it is provided without charge. Although we have made every effort to ensure that the material provided in the download is complete, current, reliable, free from error and virus contamination, we do not warrant or make any representation about the accuracy, adequacy or completeness of the information or whether the download has been corrupted or tainted by viruses.
Website Disclaimer
Cooling Brothers Glass Company Pty Ltd and its associated entities reserves the right to discontinue or change features, designs, materials, colours and other specifications of its products, and to either permanently or temporarily withdraw products from the market without incurring liability.
Please note this website does not contain a comprehensive analysis of all possible glass design parameters. The information provided on this website is general in nature and users should always seek detailed technical advice in relation to project circumstances or particular applications of glass products. Please contact us if you require further advice.
Some images used on this website are for illustration purposes only.