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(b) If you are a new ACN customer you must pay the Customer Contribution
by credit card. If payment is being made in instalments, then you must pay
us in accordance with clause 4.1(b). If the first payment by credit card has
been successfully processed, you may elect to make further payments by
direct debit by notifying us in writing, in which case you must also comply
with the following paragraph (c).
(c) If you choose to pay by direct debit you must complete all necessary
authorisations. We will not accept your order until we have received
confirmation that all necessary authorisations are complete.
(d) You hereby authorise us to charge all amounts owed to us to your bank
account or credit card. We will debit your bank account or credit card on the
date on which the amounts are due. You are responsible for notifying us of
changes in your credit card numbers or expiration dates.
(e) If a payment by direct debit or credit card is denied, you must pay us for
any resulting bank or other charges incurred by us.
4.3 Failure to Pay
Without limiting any other rights we may have, if you fail to pay any amount of
money when due under this SFOA you will be in breach of this appendix and we
may do any one or more of the following things:
(a) notify you of your failure to pay and give you 7 days from receipt of the
notice to pay the outstanding amount;
(b) suspend or disconnect the Associated Service or any other Service that
we supply to you;
(c) demand that you pay the total outstanding balance of the Customer
Contribution. On that demand that amount is immediately due and payable;
(d) exercise our lien over the Goods and require you to return them to us
failing which we shall
have the right to enter your premises to repossess the Goods; and/or
(e) start court proceedings against you for the recovery of the Customer
Contribution and any early termination fee for the Associated Service plus
our costs incurred in taking such action.
5. Delivery
On delivery you must check that the outer packaging of the Goods is
undamaged and the attached packing list shows number and type of Goods
ordered, sign for the Goods (if requested) and produce a driver's licence or other
form of identification reasonably required by us, if we or our agent request. You
must call us within 24 hours of delivery if the outer packaging is damaged or the
packing list does not show the number and type of Goods ordered. If you fail
to produce such identification, we or our agent can refuse to deliver the Goods
and we may charge you additional shipping and handling fees to re-deliver
the Goods to you. We will not deliver Goods to a post office box. We will not be
liable to you for late delivery.
6. Failure to Activate Associated Service
If our commencement of supply of the Associated Service is dependant
upon you taking certain action (e.g. porting your mobile phone number to
us) and you fail to take that action within 21 days of the date you receive the
Goods then the Customer Contribution shall increase by an amount equal
to the early termination fee which would be applicable for terminating the
Associated Service on the first day of the 24 month minimum service term and
you must pay us the full Customer Contribution immediately (any instalment
arrangements shall be cancelled).
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