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I, the undersigned, appoint professional collection services to
act as our authorised agent to collect accounts and instruct their
solicitors where legal action is required. Authority is always
obtained before any legal action is taken as there are costs
involved. I agree with the terms and conditions and price schedule.
You authorise Professional Collection Services ABN 79 984
512 105 (“PCS”) to take such action as it considers
reasonably necessary to collect the debts you have asked PCS
to collect. This may include PCS instructing, at your cost,
other third parties (such as legal practitioners and process
servers) as is reasonably necessary to collect your debt. PCS
will obtain your consent before incurring these costs
You appoint PCS for a period of six months from the date of
execution of this agreement. The term shall be automatically
renewed for like terms thereafter unless either party gives
notice of termination to the other not more than 90 days and
not less than 60 days prior to the agreement expiry date.
Your debt/s is/are taken to be collected if any of the following
I further agree to inform PCS regarding any direct payments
and allow commission and other charges to be deducted from
any monies held in PCS’s trust account on our behalf.
PCS will charge the applicable fees and commissions, in
accordance with the attached fee schedule, as amended from
time to time, upon collection of a debt. The terms of payment
are strictly 7 days from the date of invoice from PCS and
payment is due and payable on that date.
Should you not pay for the goods or services supplied by PCS
in accordance with the credit terms as provided herein, or as
varied in writing by PCS from time to time, PCS shall be
entitled to charge an administration fee of 10% of the amount
of the invoice payable per year, or part thereof, from the date
the goods or services were supplied (and not the day when the
Supplier’s invoice was payable) until payment by you.
You acknowledge and agree that this agreement shall be
governed by the laws of the state of Queensland, and the laws
of the Commonwealth of Australia which are in force in
You acknowledge and agree that any contract for the supply
of goods or services between PCS and you is formed at the
address of PCS.
You charge in favour of PCS all of your estate and interest in
any real property and personal property, including any monies
recovered by PCS pursuant to this agreement, that you own at
present and in the future with the amount of your
indebtedness hereunder until discharged.
You acknowledge and agree that the credit to be provided to
you by PCS is to be applied wholly or predominantly for
business or investment purposes (or for both purposes).
Whilst you remain indebted to PCS at any time during this
agreement, PCS may retain the legal and equitable title in any
goods recovered on your behalf pursuant to the above
charging clause. Until payment in full has been made to PCS,
PCS may retain any such goods.
If you remain indebted to PCS for a period exceeding 30 days
from the date of invoice, PCS shall be entitled to sell the
goods in the ordinary course of its business, until full
payment of your indebtedness to PCS is made.
Your indebtedness to PCS, whether in full or in part, shall not
be discharged by the operation of clause 11 hereof unless and
until the funds recovered or held on trust are remitted to PCS.
You will be responsible for PCS’s costs and expenses in
exercising its rights under clause 11.
PCS reserves the right to withdraw credit at any time, whether
you are in default under the terms of this agreement or not.
Upon cancellation with or without notice all liabilities
incurred by you become immediately due and payable to
You agree to indemnify PCS and keep PCS indemnified
against any claim arising out of its action of collecting your
debt/s. This indemnity includes any legal fees and expenses
PCS incurs in order to enforce its rights, on an indemnity
You undertake to comply with any request by PCS, as a
consequence of debtor query or otherwise, to provide further
information and documentation for the purpose of pursuing
collection of your debt/s in a timely manner
If the Applicant is a corporation (with the exception of a
public listed company), it must advise PCS 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 PCS may ask for new guarantors to
sign a guarantee and indemnity.
If you are a corporation, you warrant that all of its directors
have agreed and/or signed this agreement and that all of its
directors will enter into a guarantee and indemnity with PCS
in relation to your obligations to PCS if requested to do so in
If you are the trustee of a trust (whether disclosed to PCS or
not), you warrant to PCS that:
You must give PCS a copy of the trust deed upon request.
If you enter into this agreement as partners, you warrant that
all of the partners have agreed and/or signed this agreement
and that all of the partners will enter into a guarantee and
indemnity with PCS in relation to your obligations to PCS.
If you operate as a partnership, you must not alter the
partnership (for example, adding or removing partners or
altering its partnership agreement) without advising PCS. In
the case of a change of partners, PCS may ask for new
guarantors to sign a guarantee and indemnity.
If you become insolvent, you remain liable under this
agreement for payment of all liabilities incurred hereunder.
You remain liable under this agreement, including charged
property, even if PCS receives a dividend or payment as a
result of you being wound up.
If the Applicant withdraws any file from PCS, and ceases
collection activity, and denies PCS the ability to complete
their collection processes including ongoing court and legal
action, then commission will be charged at the agreed rate
as per the signed Authority to act.
A waiver by PCS, of any provision or breach of this
agreement by you, must be made by an authorised officer of
PCS in writing.
You must pay GST on any taxable supply made by PCS to
you under this agreement. The payment of GST is in addition
to any other consideration payable by you for a taxable
If as a result of:
PCS becomes liable to pay any tax, duty, excise or levy in respect of the
amounts received from you, then you must pay to PCS these additional amounts
The interest rate on any outstanding debts is a fixed rate of
15% per annum.
You appoint as its duly constituted attorney PCS’s company
secretary from time to time to execute in your name and as
your act and deed any real property mortgage, bill of sale or
consent to any caveat PCS may choose to lodge against real
property that you may own in any Land Titles Office in any
State or Territory of Australia, even though you may not have
defaulted in carrying out its obligations hereunder.
All payments required to be made by you under this
agreement will be made free of any set-off, or counterclaim
and without deduction or withholding.
Any amount due to PCS from time to time may be deducted
from any monies which may be or may become payable to
you by PCS and you irrevocably authorise any such
payments, if monies are held to your benefit in a trust
account operated by PCS, to be made from those trust monies.
PCS is not liable for any loss caused to you by reason of
strikes, lockouts, fires, riots, war, embargoes, civil
commotions, acts of God or any other activity as a
consequence of PCS taking recovery action on your behalf
PCS is not liable, whether claims are made or not, 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 you.
If any provision of this agreement is not enforceable in
accordance with its terms, other provisions which are selfsustaining
are, and continue to be, enforceable in accordance
with their terms
If any part of this agreement is invalid or unenforceable, that
part is deleted and the remainder of the agreement remains
You agree that these terms and conditions may be varied,
added to, or amended by an authorised officer of PCS at any
time by written notice to you.
This agreement constitutes the entire agreement between the
parties relating in any way to its subject matter. 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
I further agree to inform professional collection services
regarding any direct payments and allow commission and other
charges to be deducted from any monies held in professional
collection services trust account on our behalf. I agree that
should the account for collection be settled in anyway after
the account has been given to professional collection services
for collection that the commission as per the scale will be charged.
I hereby apply for the opening of an account and authorisation of PCS to act and provide the above information
in support thereof. I am authorised to sign this Authority to Act Agreement and the information given is
true and correct to the best of my knowledge.
By signing this form I formally accept and agree to the terms and conditions of Professional Collection Services.