Terms of service

3D Printers Perth is a trading company of Adarsh Investments Pty Ltd

Last updated April 2026

Customer Terms and Conditions

Adarsh Investments Pty Ltd (ACN 075 995 032) as trustee for the Adarsh Unit Trust of 6 Crocker Drive, Malaga, WA 6090 Australia trading as Adarsh Australia (ABN 76 177 275 729)

PART A — Goods, Services and General Terms

A.           Adarsh Australia (ABN 76 177 275 729), its subsidiaries and associated parties (Adarsh) are engaged in the business of supplying goods and services, including the manufacture and provision of goods and production tooling (Product Tooling).

B.           The customer (Customer) has requested, and Adarsh has agreed to supply, certain goods and/or services and, where applicable, tools, dies, moulds, jigs, and other production equipment in accordance with the terms and conditions set out in this agreement (Terms).

C.           The contract with Adarsh is made up of:

i.            these Terms;

ii.           the declarations, acknowledgments and confirmations in the Application for a Trade Credit Account (if applicable);

iii.           any additional specific terms contained in each invoice for goods and services or as agreed between Adarsh and the Customer; and

iv.          any terms contained in a separate agreement for deferred payment terms,

(Contract)

(a)         These Terms govern the provision of goods and services by Adarsh to the Customer.

(b)         For the purposes of the Australian Consumer Law (“ACL”), as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth), the Customer is deemed to have accepted these Terms each time the Customer requests the provision of goods or services and Adarsh accepts that request.

(a)         For the purposes of the ACL, each request by a Customer for the provision of goods and services which Adarsh has accepted constitutes a separate agreement between Adarsh and the Customer in relation to that good or service.

Adarsh does not exclude or limit the application of any provision of any applicable legislation or other regulation (including the ACL) where to do so would contravene that legislation or regulation or cause any part of these Terms to be void. Nothing in these Terms is to be interpreted as doing so.  

Subject always to any applicable legislation or other regulation (including the ACL), Adarsh excludes:

(a)         from these Terms all conditions, warranties, guarantees and terms implied by statute, general law, international convention or custom, except any implied term, condition, guarantee or warranty the exclusion of which would contravene any statute or cause this clause to be void (“Non-excludable Condition”);

(b)         all liability to the Customer for any consequential losses or damages arising out of the provision of goods under this Agreement, including claims by any third person; and

(c)          all liability to the Customer in negligence for acts or omissions of Adarsh, its employees, agents and contractors arising out of or in connection with these Terms.

(a)         Subject to the application of any provision of any applicable legislation or other regulation (including the ACL), the liability of Adarsh to the Customer for breach of any Non-excludable Condition which is applicable is limited to any one of the following, at the option of Adarsh:

(i)           in the case of goods, replacement of the goods or the supply of equivalent goods, repair of the goods, payment of the cost of replacing the goods or acquiring equivalent goods (being capped at the price of the order with Adarsh), or payment of the costs of having the goods repaired; and

(ii)          in the case of services, the supply of the services again or payment of the cost of having the services supplied again, being capped at the services price as agreed with Adarsh.

(b)         Except as provided above and subject to the application of any provision of any applicable legislation or other regulation (including the ACL):

(i)           save for the fraud, negligence or wilful misconduct of Adarsh, Adarsh has no liability or obligation to the Customer or any other person arising (directly or indirectly) out of, or in connection with, the repossession of any goods;

(ii)          the Customer represents and warrants to Adarsh that it is relying, and will continue to rely, upon the Customer’s own skill and judgement in relation to the quality of goods and services, and their fitness for any purpose that may be required and not upon any conduct or representation of Adarsh; and

(iii)         the Customer releases and forever discharges Adarsh from each matter referred to in Part A clause 3 (Exclusion of Liability) above.

(a)         Save for the fraud, negligence or wilful misconduct of Adarsh, the Customer assumes all risk of loss of, or damage to, any goods supplied by Adarsh (regardless of the manner in which such loss or damage is caused and whether caused by the Customer or Adarsh) from the time of dispatch to, or collection by, the Customer (whichever is the earlier).

(b)         Customers must specify delivery or pick-up at the time of order.

(c)          The Customer must pay the delivery costs for all orders, unless otherwise agreed in writing.

(d)         Any changes to delivery terms by the Customer (e.g. splitting deliveries or changing addresses) may incur additional charges.

(e)         The Customer bears all risk during transit. Adarsh is not liable for any direct or indirect loss arising from delivery delays. If delivered in instalments, risk passes to the Customer upon dispatch of each instalment from Adarsh’s premises.

(f)           Where an order is specified as a pick-up order, the Customer must collect the goods at Adarsh’s premises in Perth during business hours, unless otherwise agreed in writing.

(g)         Delivery is deemed complete when goods are made available at the specified location. All further transport is at the Customer’s risk and expense.

(h)         If the Customer fails to accept delivery by the time specified, Adarsh may store the goods and charge the Customer reasonable storage costs until such time as the goods are collected by, or delivered to, the Customer.

(i)           Shipment may occur through various vessel terms (e.g., berth, voyage or charter).

(j)           Where not shipped on berth terms, unloading costs and risks are the Customer’s responsibility unless stated otherwise.

(k)          The Customer may inspect goods before delivery or pick-up.

(l)           The Customer must inspect all goods upon their delivery and notify Adarsh within 7 days of any defects or other issues with the order arising. Upon such notification, the Customer will allow Adarsh to access the goods in order to carry out an inspection of the alleged defects. If the Customer fails to notify Adarsh within the 7-day period, it will be deemed to have accepted the goods in satisfaction of its order.

(m)        If Adarsh confirms a defect, it may (at its discretion) collect the goods or require return at the Customer’s expense, and either:

(i)           replace the goods; or

(ii)          refund the relevant portion,

and these are the Customer’s only remedies.

(n)         For international deliveries, the above process applies. If inspection cannot occur locally, Adarsh may request the return of goods to a designated location at the Customer’s expense.

(o)         If the Customer signs for delivery in good condition, any transit damage or missing items not recoverable from third parties are at the Customer’s risk.

(p)         Goods may be manufactured, fully or partially, anywhere in the world.

(a)         Prices in quotations are based on rates effective on the quotation date and remain valid for the period stated. Adarsh may amend or withdraw quotations at any time.

(b)         Orders are only binding once confirmed in writing by Adarsh.

(c)          Orders can only be cancelled or changed with Adarsh’s written consent.

(a)         Where a Customer has paid for Product Tooling but it remains in possession of Adarsh, when the Customer requests possession of the Product Tooling, Adarsh will only do so:

(i)           when all monies due and payable to Adarsh by the Customer have been paid in full; and

(ii)          by making the Product Tooling available for collection at the location where the Product Tooling was ordered; and

(iii)         where the Customer has paid all costs associated with transporting the Product Tooling back to the location where it was ordered from.

(b)         The Customer agrees that the Product Tooling will be returned in “as is” condition and Adarsh does not warrant that it is fit for a particular purpose. To the extent permitted by law, Adarsh is not obliged to repair the Product Tooling or replace and/or repair any Goods manufactured using the Product Tooling once it is returned to the Customer.

(c)          The Customer acknowledges that where no orders have been placed by the Customer using a certain Product Tooling for in excess of 24 months, Adarsh will be permitted to either:

(i)           require the Customer to meet reasonable ongoing storage costs of the Product Tooling from the date of written notice to the Customer; or

(ii)          dispose of the Product Tooling following 3 months’ written notice to the Customer, in which case the Customer will be deemed to have abandoned the Product Tooling.

8.1         Returns

Subject to the ACL, the Customer may only return goods to Adarsh where a prior agreement has been made between the Customer and Adarsh. The Customer agrees to pay any charges in relation to such return.

8.2         Cancellations

(a)         Due to legitimate business reasons, Adarsh may be required to cancel an order at any time before delivery by written notification to the Customer and Adarsh will not be liable for any losses arising from such cancellation. Adarsh will provide the Customer with as much notice as possible in the event of such cancellation.

(b)         Cancellations of orders by the Customer is at the absolute discretion of Adarsh. Where the order has not yet been started, Adarsh may elect to provide a refund or credit minus reasonable administration costs. The Customer acknowledges that where manufacturing has commenced on custom items, there will be no ability to cancel such orders and the Customer will be liable in full for payment of the order.

(a)         Adarsh shall not be liable for any failure or delay in performing its obligations under these Terms or the Contract if such failure or delay is due to events beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labour disputes, government actions, pandemic, epidemic, fire, flood, national or international trade or customs requirements or any embargos, or failure of suppliers or transport systems (each a “Force Majeure Event”).

(b)         If a Force Majeure Event occurs, Adarsh must promptly notify the other party and take reasonable steps to mitigate the effect of the event. Adarsh’s obligations will be suspended for the duration of the Force Majeure Event and shall resume as soon as reasonably practicable.

(c)          If a Force Majeure Event subsists for more than 30 days, the Parties may elect to terminate the Agreement and any existing orders by written notice to the other party.

Adarsh reserves the right to review and amend these Terms at any time (Amendments). By continuing to order goods from Adarsh, the Customer agrees to be bound by the Amendments posted on Adarsh’s website (https://www.adarsh.com.au) from time to time.

These Terms will be governed by and will be interpreted in accordance with the laws of Western Australia. The Customer submits to the non-exclusive jurisdiction of the Courts of that State.

Where a Customer consists of more than one person, these Terms apply to those persons jointly and to each of them severally.

If any provision or part-provision of these Terms is or becomes invalid, illegal, or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the remaining provisions of these Terms.

The Customer may not assign its rights and obligations under these Terms without the prior written consent of Adarsh.

The Contract supersedes all prior agreements, representations, conduct and understandings between the parties.

(a)         Customers can notify or otherwise contact Adarsh:

(i)           by email: accounts@adarsh.com.au; 

(ii)          by telephone: (08) 9209 3866; or

(iii)         by registered post: 6 Crocker Drive, Malaga, WA 6090 Australia.

(b)         Where there is a requirement for Adarsh to notify the Customer, it will do so in writing, which includes sending the notice by email or any other form of electronic communication.

(c)          A notice sent by Adarsh is taken to be received by the Customer:

(i)           if it is sent by post, on the third day after posting; or

(ii)          if it is sent by email, when Adarsh’s system registers that the email has passed the internet gateway of Adarsh’s system (and no delivery failure or out of office message is received by Adarsh within 1 hour of sending).

PART B — No Credit Account

Part B of these Terms apply only to Customers who do not hold a trade credit account with Adarsh. For Customers with an approved trade credit account with Adarsh, please refer to Part C of these Terms.

(a)         The Customer must pay for the purchased goods and services on their due date for payment, which may vary as set out in this clause below. Payments must be:

(i)           in Australian dollars;

(ii)          for the full amount set out in the invoice and not subject to any deduction for any currency conversion or other bank fee; and

(iii)         free of any deduction, withholding, set-off, counterclaim, restrictions or conditions except to the extent the deduction or withholding is required by law.

(b)         If any tax, charge, duty or impost of any kind, which was not applicable at the date of this quotation, is subsequently imposed or becomes payable in relation to the goods or their transportation, export, or import under any legislation, regulation, governmental action or other matter beyond Adarsh’s control, such amount will be payable by the Customer. To the extent that Adarsh has paid or borne any such amount, it will be added to the purchase price and recoverable from the Customer accordingly.

(c)          The due date for payment for purchased goods and services is:

(i)           for any goods or services that contain payment dates in an invoice or as otherwise agreed with Adarsh, that date or dates; or

(ii)          in full upon receipt of an invoice from Adarsh when the invoice provided by Adarsh does not contain a payment date or dates.

(d)         If Adarsh requires all or part of the total cost for goods to be paid prior to commencing work, then Adarsh reserves the right not to commence work until such monies are paid by the Customer.

(e)         Where the Customer fails to make a payment on the due date, Adarsh may charge the Customer:

(i)           default interest at the rate set out in Part C clause 12(b)(ii), calculated on a daily basis on the overdue amount and added to the account monthly in arrears, from the due date to the date of actual payment, both before and after any court judgment to pay; and

(ii)          for any legal, debt collection and other expenses incurred by Adarsh in relation to the recovery of such debt, including but not limited to damages for any breach, specific performance or injunctive relief to prevent any further breach of these Terms.

(f)           Any amount received by Adarsh in settlement of amounts due may be applied first against any interest, charges and expenses.

(g)         The Customer is required to meet all of its payment obligations as and when they fall due and may not retain or withhold payment due to any disputes that it may have with Adarsh or associated parties in connection with any other order or matter.

(a)         Adarsh may, in its absolute discretion, set off against any monies that Adarsh owes to the Customer, any monies that the Customer owes to Adarsh.

(b)         The Customer may not set off any amounts owing to them by Adarsh without prior written approval by Adarsh.

(a)         Title to, and ownership of, any goods supplied to the Customer does not pass to the Customer until Adarsh receives the whole of the purchase price (including GST) for those goods and all other monies that the Customer owes to Adarsh in connection with these Terms. Until title and ownership of goods pass to the Customer, the Customer holds the goods as fiduciary, bailee and agent for Adarsh. The Customer may only use the goods in the ordinary course of the Customer’s ordinary business, unless and until Adarsh notifies the Customer to cease all use of those goods.

(b)         Adarsh may repossess any goods the title and ownership of which have not passed to the Customer in accordance with these Terms and may appoint a receiver to do so. Adarsh may sell or otherwise dispose of such goods in Adarsh’s absolute discretion, but without limiting Adarsh’s other rights consequent upon any default by the Customer.

(c)          For the purposes of Adarsh exercising its rights under these Terms, the Customer grants to Adarsh and its servants and agents an irrevocable licence, and irrevocably appoints Adarsh and its servants and agents as the Customer’s agent, to enter and remain on any premises owned or occupied by the Customer or any other premises where any goods supplied to the Customer may be located for the purpose of either Adarsh repossessing those goods or serving any document required to enforce Adarsh’s rights under these Terms.

(a)         In these Terms, an “event of default” occurs when:

(i)           the Customer fails to pay any monies due to Adarsh by the due date for payment, or within a reasonable period of time thereafter as determined by Adarsh;

(ii)          the Customer breaches any provision of these Terms, the Contract or any Security Agreement and, if the breach is capable of remedy, the Customer fails to remedy the breach within 7 days;

(iii)         the Customer becomes bankrupt, insolvent (or is deemed to be insolvent) or enters administration (as those terms are defined in the Corporations Act 2001 (Cth)), or an administrator, liquidator, receiver or receiver and manager is appointed to the Customer or any of its property, or if any step is taken to instigate any such event;

(iv)         a mortgagee takes possession of any of the Customer’s property; or

(v)          distress, attachment or other execution is levied or enforced over any of the Customer’s property.

(b)         If an event of default occurs:

(i)           all amounts owing by the Customer become immediately due and payable;

(ii)          default interest at the rate of 12% may be charged monthly in arrears (calculated on a daily basis) on the monies due and payable until paid in full;

(iii)         the Customer must, on demand, pay to Adarsh all costs and expenses incurred by it as a result of the event of default, including all legal costs incurred by Adarsh either ordered or assessed, and fees or commissions paid by Adarsh to any collections agency; and

(iv)         Adarsh may suspend or terminate the provision of further goods or services with immediate effect; and

(v)          Adarsh may exercise any other right available to it under these Terms, the Contract and/or Security Agreement

PART C — Trade Credit Account

Part C of these Terms apply to Customers who hold an approved trade credit account with Adarsh. It does not apply to Customers who pay on a cash-before-delivery or other non-credit basis.

(a)         The Customer’s trade credit account must be used wholly or predominantly for business purposes or investment purposes. When applying to open a trade credit account, and each time the trade credit account is used, the Customer declares that the credit will be applied wholly or predominantly for business purposes or investment purposes. The Customer acknowledges that this means that the Customer may not have any protection afforded to consumers under the National Credit Code.

(b)         The Customer accepts these Terms when it signs the application form or otherwise commences placing goods and services on credit once approved by Adarsh for a trade credit account.

(a)         The trade credit account has a limit, which is the maximum amount up to which the Customer can obtain goods and services on credit. Adarsh will advise the Customer of the limit at the time of account set-up.

(b)         Adarsh can, in its absolute discretion, change the limit (up or down) in accordance with its credit policy and this revised limit will be notified to the Customer.

(c)          Where the Customer makes a purchase of goods or services that causes the Customer to exceed the credit limit, Adarsh may, in its absolute discretion:

(i)           not permit any additional goods or services to be acquired on credit until such time as the account has been brought back within the limit;

(ii)          require the Customer immediately to reduce the balance owing on its trade credit account back to the notified limit amount; and

(iii)         suspend the trade credit account while the Customer has exceeded the credit limit.

(a)         Unless Adarsh otherwise agrees in writing, the Customer cannot withdraw any amount of the trade credit account in cash.

(b)         Where Adarsh agrees to provide a refund for returned goods, or in relation to the supply of services, the value of the goods or services originally debited to the account will be credited to the account or refunded to the Customer by electronic funds transfer or cheque. The Customer will not receive the value of any returns or refunds in cash.

The Customer may only use the trade credit account to pay for the cost of goods and services provided in accordance with Part A of these Terms.

(a)         Adarsh will, from time to time, review the Customer’s trade credit account.

(b)         Adarsh may, in its absolute discretion, where it has a legitimate business reason, cease making the trade credit account available to the Customer. For instance (without limitation), the Customer may not have made payments in accordance with the payment terms or deferred payment plan, or the Customer may have exceeded the credit limit and not brought the account back within the limit when requested by Adarsh.

(c)          If Part C clause 5(b) above applies, the account will be suspended in accordance with Part C clause 13 below.

(a)         The amount of credit used in connection with each purchase is the purchase price (including GST) of the goods and services.

(b)         The purchase price (including GST) will be debited to the trade credit account.

(a)         The Customer must pay for the goods and services purchased on their due date for payment, which may vary as set out in this clause below. Payments must be:

(i)           in Australian dollars;

(ii)          for the full amount set out in the invoice and not subject to any deduction for any currency conversion or other bank fee; and

(iii)         free of any deduction, withholding, set-off, counterclaim, restrictions or conditions except to the extent the deduction or withholding is required by law.

(b)         If any charge, duty or impost of any kind not chargeable or applicable at the date of the within quotation is imposed or becomes payable or applicable on or in respect of the goods or the transportation, export or import thereof by or under any legislation, regulation or governmental action or other matter whatsoever, beyond the Adarsh’s control, it will be for Customer’s account and (to the extent to which it is paid or borne by Adarsh), will go to increase the purchase price and be recoverable accordingly.

(c)          The due date for payment for purchased goods and services is:

(i)           for any goods or services that contain payment dates in an invoice or as otherwise agreed with Adarsh, that date or dates; or

(ii)          in full upon receipt of an invoice from Adarsh when the invoice provided by Adarsh does not contain a payment date or dates, or

(iii)         after the agreed period of time in the Customer’s established trade credit account with Adarsh.

(d)         Where the Customer fails to make a payment on the due date, Adarsh may charge the Customer:

(i)           default interest at the rate set out in Part C clause 12(b)(ii) of these Terms below, calculated on a daily basis on the overdue amount and added to the account monthly in arrears, from the due date to the date of actual payment, both before and after any court judgment to pay; and

(ii)          for any legal, debt collection and other expenses incurred by Adarsh in relation to the recovery of such debt, including but not limited to damages for any breach of this agreement, specific performance of the agreement, or injunctive relief to prevent any further breach of these Terms or the Contract.

(e)         Any amount received by Adarsh in settlement of amounts due may be applied first against interest and any charges and expenses.

(a)         Adarsh may, in its absolute discretion, set off against any monies that Adarsh owes to the Customer, any monies that the Customer owes to Adarsh.

(b)         The Customer may not set off any amounts owing to them by Adarsh without prior written approval by Adarsh.

(a)         If any information that the Customer provided in or in connection with its trade credit account application to Adarsh changes, the Customer must immediately notify Adarsh of the change.

(b)         The Customer must provide Adarsh with at least 14 days’ notice in writing prior to any proposed change to the Customer’s name or contact details.

(c)          For the avoidance of doubt, a change in Customer information requiring immediate notification to Adarsh includes, but is not limited to:

(i)           changes in the Customer’s ownership structure;

(ii)          changes in the Customer’s trading structure;

(iii)         changes in the Customer’s GST status;

(iv)         a change of directors (where the Customer is a company);

(v)          the Customer has been named as a party in any litigation or proceeding or has been notified that it is being investigated;

(vi)         the Customer breaches a banking covenant; and

(vii)        an event of default (as defined in Part C clause 12 of these Terms) occurs in relation to the Customer.

(a)         Title to, and ownership of, any goods supplied to the Customer does not pass to the Customer until Adarsh receives the whole of the purchase price (including GST) for those goods and all other monies that the Customer owes to Adarsh in connection with these Terms. Until title and ownership of goods pass to the Customer, the Customer holds the goods as fiduciary, bailee and agent for Adarsh. The Customer may only use the goods in the ordinary course of the Customer’s ordinary business, unless and until Adarsh notifies the Customer to cease all use of those goods.

(b)         Adarsh may repossess any goods the title and ownership of which have not passed to the Customer in accordance with these Terms and may appoint a receiver to do so. Adarsh may sell or otherwise dispose of such goods in Adarsh’s absolute discretion, but without limiting Adarsh’s other rights consequent upon any default by the Customer.

(c)          For the purposes of Adarsh exercising its rights under these Terms the Customer grants to Adarsh and its servants and agents an irrevocable licence, and irrevocably appoints Adarsh and its servants and agents as the Customer’s agent, to enter and remain on any premises owned or occupied by the Customer or any other premises where any goods supplied to the Customer may be located for the purpose of either Adarsh repossessing those goods or serving any document required to enforce Adarsh’s rights under these Terms.

(a)         The following definitions apply to this Part C clause 11

(i)           "PPSA" means the Personal Property Securities Act 2009 (Cth).

(ii)          "PPSR" means the Personal Property Securities Register established under the PPSA.

(iii)         "Collateral" means any personal property of the Customer that is, or may from time to time become, subject to a security interest in favour of Adarsh, including but not limited to present and after-acquired property, accounts, general intangible property, and other goods as described in the relevant registration.

(b)         The Customer acknowledges and agrees that Adarsh is entitled, at its sole discretion, to lodge a registration on the PPSR in respect of any security interest arising under or in connection with this Agreement, including but not limited to all present and after-acquired property of the Customer, with or without exceptions, as determined by Adarsh.

(c)          Adarsh may select the appropriate collateral class and duration of registration, including registration with no end time, as permitted by the PPSA and PPSR regulations.

(d)         The Customer must provide all information, identifiers, and assistance reasonably required by Adarsh to enable accurate and effective registration of the security interest on the PPSR, including but not limited to details relating to the Customer’s capacity (personal, trustee, or otherwise) and any relevant property descriptions.

(e)         Upon completion of registration, Adarsh will provide the Customer with a notice of verification statement confirming the registration of the security interest on the PPSR.

(f)           Adarsh may amend, renew, or discharge any PPSR registration as it deems necessary, and the Customer must cooperate with any such actions, including providing updated information or consents as required.

(g)         The Customer acknowledges that timely registration on the PPSR is essential for the perfection and priority of Adarsh’s security interest, and agrees not to take any action or omit to take any action that may adversely affect Adarsh’s rights or the effectiveness of the registration.

(h)         The Customer must not register, or permit to be registered, any security interest in respect of the Collateral that conflicts with Adarsh’s security interest, except with the prior written consent of Adarsh.

(i)           The Customer must promptly execute all documents and do all things reasonably required by Adarsh to give effect to Adarsh’s entitlement to lodge, maintain, amend, or discharge PPSR registrations in respect of any security interest arising under this Agreement.

(a)         In these Terms, an “event of default” occurs when:

(i)           the Customer fails to pay any monies due to Adarsh by the due date for payment, or within a reasonable period of time thereafter as determined by Adarsh;

(ii)          the Customer breaches any provision of these Terms, the Contract or any Security Agreement and, if the breach is capable of remedy, the Customer fails to remedy the breach within 7 days;

(iii)         the Customer becomes bankrupt, insolvent (or is deemed to be insolvent) or enters administration (as those terms are defined in the Corporations Act 2001 (Cth)), or an administrator, liquidator, receiver or receiver and manager is appointed to the Customer or any of its property, or if any step is taken to commence any such event;

(iv)         a mortgagee takes possession of any of the Customer’s property; or

(v)          distress, attachment or other execution is levied or enforced over any of the Customer’s property.

(b)         If an event of default occurs:

(i)           all amounts owing by the Customer under the trade credit account become immediately due and payable;

(ii)          default interest at the rate of 12% may be charged monthly in arrears (calculated on a daily basis) on the monies due and payable until paid in full;

(iii)         the Customer must, on demand, pay to Adarsh all costs and expenses incurred by it as a result of the event of default, including all legal costs incurred by Adarsh either ordered or assessed, and fees or commissions paid by Adarsh to any collections agency;

(iv)         Adarsh may suspend or terminate the trade credit account with immediate effect; and

(v)          Adarsh may exercise any other right available to it under these Terms, the Contract and/or Security Agreement.

(a)         Adarsh may, at any time, suspend the trade credit account without prejudice to any other rights that Adarsh may have under these Terms or at law where Adarsh has a valid reason to do so, including but not limited to:

(i)           where Adarsh suspects there is fraudulent activity on the account or the account is being used for a fraudulent purpose;

(ii)          where the Customer has exceeded its credit limit;

(iii)         where Adarsh decides to cease making the trade credit account available to the Customer as part of a periodic review; and

(iv)         where an event of default has occurred or Adarsh is aware that an event of default is likely to occur.

(b)         When the trade credit account is suspended, the Customer is not able to use any of the unused credit or make any further purchases of goods or services under the trade credit account until the suspension has been lifted by Adarsh.

(a)         Adarsh may terminate the trade credit account by providing no less than 7 days’ written notice to the Customer where Adarsh has a valid reason, including but not limited to circumstances where:

(i)           the Customer has made misrepresentations in the application;

(ii)          Adarsh becomes aware that the Customer has used, or proposes to use, the credit for personal, domestic or household purposes;

(iii)         the account has been suspended and the reason for the suspension is incapable of remedy (including where Adarsh decides to cease making the trade credit account available to the Customer as part of a periodic review); and

(iv)         instructed to do so by a government entity, reporting agency or regulatory body.

(b)         Where Adarsh provides notice pursuant to Part C clause 14(a) above, the trade credit account (if not already suspended) will immediately be suspended. Any outstanding amounts that have not already become due and payable will become immediately due and payable.

(c)          The Customer may terminate the trade credit account without cause by providing 10 days’ written notice to Adarsh. Termination will not vary the payment period set out in these Terms or any other deferred payment period agreed between the Customer and Adarsh. From the date the Customer provides notice in accordance with this clause, the Customer will not be able to acquire any further goods or services using the trade credit account.

If the Customer is a trustee of a trust, the Customer is liable under its trade credit account to Adarsh in the Customer’s capacity as trustee of that trust (and personally), and the Customer warrants that it is entitled to be indemnified out of the assets of that trust in connection with any liability it has to Adarsh.