Terms of Trade and General Conditions

If you are Unclear or Disagree with our Terms of Trade and General Conditions please Contact Us to discuss and agree beforehand. Please do not otherwise assign to us or send unsolicited work without agreeing to these Terms of Trade and General Conditions as information contained herein will prevail.

Safety & Security

The Safety and Security of our People, Equipment, Customers and Debtors/Defendants is everybody's responsibility and our prime importance. Please advise any information that may help us asses any risks associated with any services engaged so we can manage the situation and provide support as required. 

ARCS Mercantile will not conduct any services engaged in any illegal or illegitimate purpose nor under any circumstance will we intentionally break any Law or or Civil Rule to perform any work.

We will not tollerate any threats or assult towards our employees, operators, agents and the Police may be called in any instance and persons will be dealt with in accordance with the Law. If any work can not be performed due to any possible threat of violence or considered a potential dangerous situation we will pursue alternatives to perform the work required.

Any reports of Safety & Security hazards, breaches or incidents will be reported and we may require the customer to co-operate in any incident investigation if required.

Payment Terms

For customers where an account is provided; Payment Terms are Strictly 14 days from date of invoice unless otherwise agreed to beforehand, in writing.

For customers without an account; Payment may be required before work is performed or before documents/affidavit returned, at our discretion.

Please contact us for an Account Application, where the job is urgent or impractical to wait for an account to be established before commencing work our required Payment Terms remain Strictly 14 days.

Payment Process

Payment may be made by the following means;

a) Cheques/Money Order made to "ARCS Mercantile" to our postal office address (Do not post cash).

b) EFT/Bpay to our nominated account. Our staff assist with this service, please use your reference
    number or our invoice numbers in your remittance.

c) Credit Card / EFTPOS. Our staff can assist with this service, some processing charges may apply.

Overdue Invoices

Our business is to collect your debts. We take this very seriously and we require prompt payment on our invoices so we are not engaging time collecting our own overdue debts.

ARCS Mercantile employees, operators and suppliers are paid on time. We require payment of our invoices from our customers by the Due Date to avoid us commencing collection action and applying costs against our customers for overdue invoices.

Please ensure all invoices are paid by due date. Overdue Invoices may incur a $60.00 (plus GST) Late Fee plus Overdue Interest calculated at rate equivalent to 2.5% per month until invoice paid which will be charged to your account and billed on a next invoice.

Any dishonoured Cheques will be charged a $60.00 (plus GST) Dishonour Fee each time dishonoured.

Any dishonoured Direct Debit payments will be charged a $60.00 (plus GST) Dishonour Fee each time dishonoured.

In addition to Overdue Amounts and Late Fees, Invoices referred for Debt Collection will incur a $400.00 (plus GST) Collection Fee plus other Recovery Fees.(ie: Document Filing, Service Fees, Court Costs, Solicitors Fee, Interest and Enforcement Fees etc). 

Please ensure if there is any invoice dispute or reason for non-payment or late payment to advise us in writing 7 days of invoice date to prevent Late Fees, Overdue Interest,  Collection Fees and/or Recovery Fees. If you are unable to pay before due date then please contact us before the due date to make a suitably agreed arrangement.

Taxation

A Tax Invoice will be sent showing taxes. All items charged are normally subject to Goods & Services Tax (GST) and will be charged on all invoices. The customer is responsible for payment of any other taxes, duties or any other Governmental charge levied in respect of services performed (if applicable by any State, Commonwealth Law, if applicable).

Indemnify

The Customer, its employees, agents, contractors, guests and visitors to the fullest extent permitted by law will indemnify and keep indemnified ARCS Global Pty Ltd trading as ARCS Mercantile, its directors, employees, servants, agents or contractors against any claims;

a) from the customer, their customers or any third party arising directly or indirectly for errors or
    inaccuracies or ommission or misdirection of information, transaction or service or failure to pass
    on any particular information, transaction or service within a specified time period or at all.

b) by any person, firm and/or Corporation whatsoever for any damage to the property or injury to the
    person caused in any way in respect of services performed and damages in respect of all costs,
    charges and damages in connection therewith arising under common law and/or any statute.

c) due to any power or equipment failure of any third party (ie: Telstra) and acknowledges that
    computers, Internet servers, equipment, and telecommunications links are susceptible to down time.
    We shall use our best endeavours to maintain the functionality of Services at all times; however,
    expressly disclaims any representation or warranty that it shall maintain continuous and uninterrupted
    data or computer services. 

ARCS Mercantile endeavour to receive and pass on information verbally by telephone, email, SMS, mail, facsimile, to the intended recipient(s) as promptly and as accurately possible however, we give no specific warranty or representation to that effect information from the Debtor / Defendant will be corrrect.

The customer shall fully release and indemnify ARCS Global Pty Ltd trading as ARCS Mercantile against any actions, claims, demands, suits (and any appeal there from) indirectly or directly related to any services performed or the subject matter hereof.

General

The customer acknowledges that by no way either implied or inferred they have been induced to enter into any business services by any collateral representation or warranty (written or oral) made by or on behalf of ARCS Global Pty Ltd, its directors, employees, servants, agents or contractors.

ARCS Mercantile retains the right to change specific Terms of Trade and General Conditions, Prices and Services provided from time to time and will publish any changes on this website.

If there are any increases to our prices that affect our customers current agreements then these will be notified in writing giving a minimum of 30 days notice if there is any change. 

ARCS Mercantile have the right to refuse any work deemed in its opinion to be undesirable or not suitable to be performed by it's employees, operators, agents and contractors.

The validity, interpretation and performance of these Terms of Trade and General Conditions shall be governed by the laws of the State of New South Wales. The parties shall be subject to the jurisdiction of Courts of the State of New South Wales and the Courts of the Commonwealth of Australia.

Modifications or additions to these Terms of Trade and General Conditions shall be considered valid only when mutually agreed upon in writing.

All notices sent by ARCS Mercantile to the Customer is acceptable if hand delivered, sent by facsimile or e-mail, or posted to the parties hereto at their respective addresses as set forth on the agreement, or at such other address as may be designated by the parties in writing.

The Customer shall be solely responsible for providing in writing or email any changes or revisions to Customer information.