BiziNet Magazine Issue #83 - Jan-Feb 2017

SYDNEY - ISSUE 83 | JANUARY – FEBRUARY 2017

BATTLE OF THE FORMS Page 16

What Does Your Personal Brand Say About You?

‘Off The Shelf’ Software Or A Customised Solution?

Page 20

Page 18

BiziNet LIFESTYLE

Garry Browne CEO, Stuart Alexander & Co.

Balancing Values and Value1 BiziNet Magazine

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Contents Cover Story

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Garry Browne -

CEO, Stuart Alexander & Co. Balancing Values and Value

Regulars

04

EDITOR’S LETTER

Fasten Your Business Seat Belts – We are Going International…

28

Dmitry Greku

SELECT OZ

Why Azrim Donates at Least 10% of its Total Annual Turnover to Charity?

And My Pick of top 5 Charities.

Farrukh Mirza

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BUSINESS ADVICE

Attitude & Corporate Insolvency Profiles 2016

30

2017 Bring It On! Bruce Mott

Bruce Gleeson

16 18

Battle of the Forms Steven Brown

'Off The Shelf' Software Or A Customised Solution?

John Howard

26

Learn from Our Mistakes!

The Smart Way to Buy from China

20

BIZINET LIFESTYLE

32

BIZINET INVEST

Feature

22

Malaysia, “Next Silicon Valley of the ASEAN?” Bekir Kilic

24

Outsourcing - 9 Steps to Success!

Steve Sebbes

What Does Your Personal Brand Say About You?

SUPAROO Paddle Boards

Watch More @ bizinettv.com.au

BiziNet Magazine BiziNet Magazine

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EDITOR’S LETTER

Fasten Your Business Seat Belts – We are Going International…

Editor and Publisher: Dmitry Greku Cover Story Based on interview with Dmitry Greku Contributing Writers: A. Charles Smith Steven Brown Bruce Gleeson Steve Sebbes Bekir Kilic Bruce Mott Farrukh Mirza John Howard

Art Director: Svetlana Greku Cover Design Elvira Cherry

Dmitry Greku, M. Sc., Editor and Publisher - BiziNet Magazine

We planned much for this year and some plans came into place earlier than expected.

The primary goal of a B2B media business should be placing its clients under the spotlight of as many prominent businesses as possible.

We already promote our clients for the vast Sydney business community and beyond. And now, we do this internationally with our latest international business developments.

I would like to express our appreciation to the DHL Express (Australia) Pty Ltd leadership for their support of the distribution of the BiziNet magazine to the biggest market in the world – the USA. We received a confirmation from the DHL Head Office that they will be delivering BiziNet magazines to the most dynamic and internationally proactive Chambers of Commerce in the US. All Bella Vista Business Alliance Members, all advertisers and contributing writers of the BiziNet will be exposed to the US-based businesses.

We have just started promoting our client's products and services; skills, knowledge and expertise to those in the American market who consider Australia as the next destination for their businesses’ development stage.

DHL – to the AmCham (The American Chamber of Commerce in Australia).

GWP Media and BiziNet magazine are the Media and Marketing Alliance Partners of AmCham. We’ve already planned outstanding events for this year with the best business leaders possible as guest speakers. This cannot be a better time of becoming a member of AmCham or Bella Vista Business Alliance, or both. You will be pleasantly surprised with our price structure when you see all the benefits.

There is another development which I would like to share with you. BiziNet magazines will be put into the hands of the business people travelling in Sydney from one business meeting location to another, and business travellers heading interstate and overseas. This will be a reach of several thousand every week!

Executive Officer: Daniel Moisyeyev BiziNet Magazine is published by GWP Media® ABN: 82 096 352 064 www.bizinet.com.au Printing: Blue Star Group Office Address: F78B. 24-32 Lexington Drive Bella Vista NSW 2153 International Standard Serial Number ISSN 1837-199X Advertising Enquiries: p | 1300 889 132 e | info@gwpmedia.com.au w | www.bizinet.com.au

Call us if you plan more business and more new business contacts this year.

Have a great day and take care of yourselves and your clients. G

Copyright GWP Media® 2017.

I would like to also say “Thank you” to our friends and business partners for their ongoing support, and particularly in respect to involvement with this new arrangement with

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p | 1300 889 132 e | editor@gwpmedia.com.au

#83 Jan/Feb’17

The opinions expressed in this journal do not necessarily reflect and are not to be regarded as the official opinion of the editor, publisher or their agents. All information contained within this journal is provided for general information purposes only and on the understanding that none of the content herein constitutes professional advice. The editor, publisher or their agents accept no responsibility for any claim, loss or damages arising out of or in connection with any materials contained in this journal. Readers should not rely on the publications in the journal and seek appropriate professional advice in respect of their own circumstances.

Your flyers personally delivered to every Office Reception Desk in Norwest Business Park and Macquarie Business Park + Lane Cove West

Norwest Business Park $480 + GST per run ($450 + GST per additional flyer) GWP MEDIAÂŽ info@gwpmagazine.com.au www.flyerdeliveryguys.com.au

Macquarie Business Park + Lane Cove West $480 + GST per run

($450 + GST per additional flyer) Please contact Daniel

1300 889 132 BiziNet Magazine

#83 Jan/Feb’17

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Introducing Our Contributors

Bekir Kilic

Bruce Gleeson

Steven Brown

Steve Sebbes

Bekir Kilicis a Managing Director of PRO IT. Founded in 1999, PRO IT’s objective was to provide an alternative to the conventional IT support and outsource services model for banking, finance and the media industries by focusing and understanding the clients core needs, can do attitude and close client/vendor relationship.

Bruce Gleeson is a Registered Liquidator and Registered Bankruptcy Trustee with approximately 20 years experience in assisting SMEs and individuals in financial crisis. He is a Director of Jones Partners Chartered Accountants. As an Insolvency Practitioner he believes it is vital that stakeholders (particularly directors and individuals) get the right advice from qualified professionals on the options available to them. Bruce is passionate to ensure that directors / individuals throughout the Greater Western Sydney area have access to quality advice and solutions.

Steven Brown founded Etienne Lawyers in 2003. They are best described as having an ‘International Reach with Small Firm Personal Service’.

Steve Sebbes – Director of PBOGlobal, Senior Positions in Retail and Channels with Australia’s largest Telecommunications company Telstra for several years, Director of several businesses in Australia and International.

IT support and outsource services is delivered throughout all major cities located in Australia and New Zealand.

Today PRO IT provides data centre “smart & remote hands” for many multinational organisations.

proit.bizinet.com.au

PRO IT Pty Limited p | 1300 727 553 www.proit.com.au

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With qualifications from Sydney and Macquarie Universities, Steven has gone on to have over 30 years in the law. With his own practice and a passion to help others succeed, Steven is a total professional, informing and educating along the way.

Steven specialises in all aspects of helping businesses to stay out of trouble and grow. He enjoys the cut and thrust of litigation and is a balanced negotiator for all alternative dispute resolution methods.

jonespartners.bizinet.com.au

etiennelawyers.bizinet.com.au

Bruce Gleeson p | 02 9894 9966 www.jonespartners.net.au

Steven Brown p | 02 8845 2400 www.etiennelawyers.com

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PBOGlobal specialises in a range of professional business outsourcing services, based around the popular Staff Leasing and a Seat Leasing model, among others.

Steve Sebbes p | +61 438 39 39 39 www.pboglobal.com.au

SUPER BOWL 51

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10:00am - 3:00pm York 75 Sports Bar

Where:

AmCham Business Briefing

Bella Vista Business Alliance BAH When:

15 February 2017

When:

12:00 - 2:00pm

5:30 - 7:30pm Where:

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BVBA CEO Lunch

8 March 2017

When:

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15 March 2017

12:00 - 2:00pm

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The Rocks

Cost: Free

Contact: 1300 889 132

Cost: $199

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BiziNet Magazine

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PROUDLY PRESENTED BY

GWP MEDIA

Garry Browne CEO, Stuart Alexander & Co.

Balancing Values and Value 8

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#83 Jan/Feb’17

GREAT AUSTRALIAN BUSINESS PEOPLE

Born and educated in Sydney, Garry is a master of brand building. From the moment he speaks, it is plain that he is immeasurably proud of the entity that he has guided these past 20 years.

“We are a strong and proudly Australian company – a company that has been built from the ground up on a foundation of loyalty, friendship and family values dating as far back as 1884,” explains Garry.

Stuart Alexander & Co. imports, markets and distributes premium brands such as Chupa Chups, Fisherman’s Friends, Mentos, Tabasco, Ocean Spray and Duracell batteries throughout Australasia.

A privately owned business, Stuart Alexander & Co. employs over 180 people nationally.

Its founder, Fernand Levic, was born in Alsace, France in 1861. Bound for Ceylon, Levic was instead convinced by his ship’s Captain to stay aboard and explore the opportunities within the young British colonies of Australia.

Going on to establish a successful import business, Levic employed sales reps to demonstrate products and to take orders including the company’s eventual namesake Charles Stuart Alexander who joined the business in 1890 as a commercial traveller.

Fernand Levic, retired in 1920 after spending 36 years forging his much loved enterprise.

His partnership with Charles went beyond mere matters of business and he rewarded his faithful employee by selling him a 50 per cent share in the business for a mere 100 pounds. Fernand’s 19 year old son, Gerald became an equal shareholder.

Based on interview with Dmitry Greku Garry Browne sits in his Ultimo office in Sydney. A wool shed in its previous life, it’s a remarkable work space with its exposed wooden beams, raw brick and oddly sloping floor. There is a richness of character to the space – and much like the company Garry Browne leads – it permeates a sense of history and admiration for who and what has gone before.

Gerald travelled throughout Australia, New Zealand and across to Europe and America acquiring agencies for the company. In 1930, with the country in the grip of the Great Depression, Gerald purchased the remaining 50 per cent holding and Mr Alexander retired.

It was at this time that Gerald starting importing canned foods and because an agent for pharmaceuticals. He also started holding shelf stock for instant delivery - all which contributed to helping the company stay afloat during the Great Depression.

Wesley Browne (who had joined the company as a 16 year old messenger) was appointed Managing Director in 1976 and the company moved to Rosebery in Sydney.

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PROUDLY PRESENTED BY

GWP MEDIA

The three years from 1995 to 1998 were the beginning of a great change within the company. During this period, Wesley retired. Mr Browne had dedicated his working life to developing the business into a well-recognised and respected company, both in Australia and internationally. Garry succeeded him in 1995 bringing a focus on food and premium brands as the company found new direction.

“It was a tremendous honour and responsibility to take charge at Stuart Alexander & Co.,” Garry says, the gleam in his eye suggesting he is as proud of that day now as he was then.

Not that the path to Managing Director was easy for Garry.

“I struggled to fit in at school; I was not in the click. I really sought for some sort of recognition as a young person and someone suggested that I try for the school 3000m run. Everyone heard at the school and they

Garr y B Austra rowne, Da m li Sydne a Day Hon e Marie Ba ours C y, NSW shir, A e D, CV . May O. 2014. remony.

, MC, ove AK r g s o er C 2014.

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Stuart Alexander’s Rosebery premises.

Sydney, NSW. C1972.

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all gave me no chance for success. But I trained and l listened and learned about my main competitor.

“As it turned out the guy who was the school champion was just a cruiser and had no regard for me so I just followed behind him.

I did not try and lead until the final 600m to home – and then I took off! I ended up winning the race and people could not believe it. From that day if people told me that I couldn’t do it then I would ensure that I did do it,” Garry adds.

Garr y B of Life rowne, Joh n Gover Education A Howard O M nors a ustrali Educa nd Frie a atten , AC Patron t Septe ion. The Au nds lunche ding a Boar mber o s 2016. tralian Clu n for Life d, b, Syd ney N SW.

GREAT AUSTRALIAN BUSINESS PEOPLE Garry was not a natural student but his work ethic and tenacious attitude got him by.

“When I was at school I was told I would never get a high school certificate (HSC). It was only in the last two years of schooling that the headmaster showed confidence in me and told me I might have a chance.

university education,” he added.

“The memory of getting my results for the HSC will never leave me. I ran down to the post office and had to look at the results twice to believe I had actually passed. My results meant I would have the opportunity to go to university, making me the first person in my family to have the opportunity to receive a

“I found great satisfaction mixing work and study. I could apply what I was learning at university to the experiences I was having at work. The combination worked well for me and I would recommend it to other young people as a great way to approach it.”

Garry went on to earn a Business degree, majoring in marketing from the University of Technology Sydney. While studying, Garry also worked at Stuart Alexander & Co. in the sales team.

Garry left the business in the early 1980s and went to work for Sara Lee in Europe and the UK. “It was a great opportunity to get some experience overseas with a multinational. I launched the Douwe Egberts’filtered coffees in the UK which was a fabulous experience and I worked on a number of projects in Belgium and Holland.”

In the mid-1980s Garry returned to Australia

aile, ark V M e d r Tra nouncing ion n ter fo it Minis Browne a r’s acquis y e r d r n . a a s G pres . t Alex Stuar ella to the gust 2002 u s of Ro y, NSW. A e Sydn

ng in Oz articipati March 2015 P . tt e rr a W. sB wne, Ros ydney, NS Garr y Bro EO Cook-off ”. S “C Har vest’s

Garr y Bro w Stuart Ale ne with a displa yo xander re presents f the many brand . Sydney, s NSW. 199 9.

Garry Browne (right) helping out in Stuart Alexander’s warehouse. Sydney, NSW C1970.

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PROUDLY PRESENTED BY

GWP MEDIA

Mount limbing c e n w Bro Garr y Russia. 2004. , s u r lb E

to take up a job opportunity back within Stuart Alexander & Co. “I was in two minds whether to take the job back in Sydney or stay in Europe. I was having a great time in Europe, as one does in that period of your life, but I ended up coming home. As the business grew into coffee and confectionery I moved around doing different things in various sales and marketing roles.”

An insatiable thirst for knowledge and a desire to continually hone his business skills, Garry then applied and was accepted into the Owner/President Management Program at Harvard.

“It was a fabulous program. It allowed me to gain exposure to so many different people from so many different countries and walks of life. It allowed me to build confidence, knowledge and understanding - both in the skills of business but also in my belief that you really can do anything if you set your mind to it and have the right skills and people around you.

“Those three years in the States really helped me to form and structure my approach in how to make the Stuart Alexander business sustainable, vibrant and with the necessary agility to take us through the next 100 years.”

Stuart Alexander & Co. has a history of diversifying as business needs warrant – moving into new areas, products and roles as required. With this capacity to challenge and change, Garry has also faced his share of adversity.

“We have been in business for over 130 years and with that come incredible stories of great

Garr y B Sydney rowne, Susan n Nationa Harbour 10k r a Bradshaw. C un with l Parks ompeti The Ro cks, Sy and Wildlife C then Foundati ng in the dney N o SW. July EO Susanna B n for radsha 2014. w. success and great adversity. Everyone loves to hear about the successes and probably like to hear less about the adversity, but it’s actually the climb out of the ditch and back to the top of the mountain that is the exciting thing,” Garry adds.

Stuart Alexander & Co. had worked with one of their Brand Partner for 48 years when a global merger of their business in the late 1990s meant the business had to sell the rights in Australia. This meant the business that Garry was running went from a turnover of $250million to $60-70million virtually overnight.

“It was marginal whether we would survive but I always thought we could make it work.

Our shareholders were shocked by what had happened but they decided they would come along for the ride. We had to trim our cloth accordingly but we wanted to keep the

Fernand Levic and chauffeur (name unknown) after one of his numerous visits to Paris to visit his brother, Fernand returned with a French car and Chauffeur. Early 1900’s.

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business going, acquire additional business and focus on getting back on our feet.

“After two years we made a very small profit and after five years we doubled the business.

It was a rocky ride, we trod on many sharp objects, we cut our feet but we bounced back by keeping our head down, keeping our focus, having patience and persistence and considering all our options before making decisions.

“Today we far surpass that $250m turnover and we have a much more sustainable business than we ever had previously,” Garry added.

Garry is an advocate for a balanced holistic life and making a contribution to the community

Wesley Browne began his long association with Stuart Alexander as a Junior Storeman.

Sydney, NSW. 1941.

GREAT AUSTRALIAN BUSINESS PEOPLE diverse experiences. I have spent time in places like the Philippines working on microfinancing projects supporting mushroom farmers and convenience store operators to help them build and understand their business. I enjoy mentoring young people to help them become better leaders and I thoroughly enjoyed interviewing candidates for the Rotary Peace Scholarships – one of the most memorable experiences I have ever had.”

Still an active athlete and an accomplished marathon runner, Garry has experienced all manner of adventure activity in the name of fundraising for charity - including the Simpson Dessert Challenge, Mt Kilimanjaro and cycling from Bangkok to Khao Lak to name just a few.

es the Blackmor rticipating in . pa 16 20 ne r ow be Br Septem Garry Sydney, NSW. n. ho at ar M f al H both in a business and personal sense.

“If consumers are going to be so loyal to us and to our brands then we want to deliver something back to the community in a tangible way. We established the S’Team Foundation in 2004 to help disadvantaged Australian families financially but also with our people’s skills and time.”

Apart from the contribution the company makes to charity, Garry also spend considerable time helping businesses in the ‘for purpose’ sector.

“I get an enormous amount of satisfaction from my effort in this space. I believe ‘for purpose’ organisations need commercial and marketing support to help them step up and to deliver against their mission.

“Competitive sport has taught me an enormous amount that’s applicable to business. I had many downs in my sporting career but I knew I had to bounce back and take each setback for what they were - a learning experience to apply to my next race.

Business, like sport, is about persistence.

You need to ensure that you keep doing what you know is right – and continually improve to stay ahead.

“Sport also gave me the capacity to cope with pain and stress. Conditions for running can be very unpleasant – the competitive set, the heat, the atmosphere. Sport teaches you to take in those elements, mitigate as much risk as possible, and set yourself up to get to the finish line first. It may not mean you win but you’ve executed perfectly and you’ve set yourself up for success.”

When asked to describe the things that he

thinks are most important for a successful business, Garry doesn’t hesitate.

“At the end of the day I feel responsible for our people and in making sure they are looked after and that we have a business that is good for our shareholders. That’s always hard sometimes in this commercial environment where people forget about values, and all they worry about is value.

“To be successful you need to have confidence in yourself and the people around you. You need to stick to your values so that you can end each day with your head on the pillow knowing that you are living by your moral compass, treating people fairly and in a way that you want to be treated.”

“And you can’t do any of this unless you have the support of your family. I am privileged to have a supportive wife and two wonderful sons. They are very much part of everything I have achieved and will continue to be so.”

As the time with Garry concludes, he leaves with a parting thought that best describes why he has been as successful as he has, and also summarises how he has remained as energised about the business today as when he first started some 40 years ago.

“There is no such word as can’t. Every time someone says the words ‘no chance’ to me – my mind flicks into a different gear. It motivates me to start thinking how we can make it work. It’s how I have always been.” *** To hear Garry Browne talk about building brands – log onto Amcham.com.au in February 2017 for the podcast. G

“I also believe that it’s important for me personally to do activities outside of the business, otherwise you can become too internally focused and your personality can become synonymous with the business. And that’s one thing I don’t want – I don’t want my life centred around my business and nothing else. Life is about more than that – it’s about family, friends and it’s also about sharing and learning things, about helping people who are less fortunate.”

Garry is not content to just keep a seat warm on a board, he needs to ensure the value he adds gives something back. A Board member for various organisations and a Rotarian for over twenty years, including a stint as District Governor, Garry is a do-er whether with his own hands or helping by mentoring others.

“I have been lucky enough to have had many

(l-r) Samuel Browne, Garry Browne, Robyn Browne, Joshua Browne Government House. Sydney, NSW. May 2014.

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BUSINESS ADVICE

Bruce Gleeson, FCA, RITP Principal, Jones Partners Insolvency & Business Recovery

Attitude & Corporate Insolvency Profiles 2016 One of my favourite Winston Churchill's quotes is so relevant to directors and owners in Micro, Small and Medium Enterprises ("MSME"). That is: "attitude is a little thing that makes a big difference".

In December 2016, ASIC released its annual overview of corporate insolvencies based on statutory reports lodged by external administrators (i.e. predominantly voluntary administrators and liquidators) for the 2016 financial year (see ASIC website 16-436MR).

Summarised in the table shown are some key trends emerging from the collation of the data over the 2014, 2015 and 2016 financial years. Of particular note, is that MSME's again dominate the corporate insolvency landscape.

Whilst it is acknowledged that this data may be somewhat subjective because it has been filed by the external administrator, the data has been collated over at least six (6) years and hence some of the trends are noteworthy and instructional for owners and advisors.

Typically in my experience as a Registered Liquidator, MSME's are at a higher risk of failure not only in the early phases, but also at other pivotal periods. MSME's quite often have a lack of key resources (particularly key people) and this can quite often become a major issue.

Coupled with management not always having the "right attitude" the business can quickly be adversely impacted. Equally the opposite is true. It is not to say that management is not working hard, but it comes back to having the right strategy and attitude and executing on it.

MSME's just like bigger companies must understand their key advantages and play to these, as well as continually re-evaluating and re-adjusting their business strategy as the business evolves. This is critical.

A key factor coming out of the ASIC release is that unpaid taxes account for approximately 65% of liabilities in the $250,000 or less category. This is not as surprising as some might think - but it does reveal a tendency for MSME's to use the ATO as the lowest priority unsecured creditor. Remember directors can be personally liable for PAYG and SGC debts of companies in certain circumstances.

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Item

2014

2015

2016

No. of employees affected by insolvency

81% of reports recorded with less than 20 employees

79% of reports recorded with less than 20 employees

79% of reports recorded with less than 20 employees

Assets & liabilities

86% of failed companies had estimated assets of $100,000 or less

85% of failed companies had estimated assets of $100,000 or less.

86% of failed companies had estimated assets of $100,000 or less.

46% of failed companies had estimated liabilities of $250,000 or less

41% of failed companies had estimated liabilities of $250,000 or less

43% of failed companies had estimated liabilities of $250,000 or less

Inadequate cash flow 43% of reports

Inadequate cash flow 44% of reports

Inadequate cash flow 46% of reports

Poor strategic management - 46%

Poor strategic management - 42%

Poor strategic management - 37%

Trading losses - 33%

Trading losses – 34%

Poor financial records 34% of reports

Top 3 causes of failure

Relevantly in the 2016 MYEFO the Government announced its intention from 1 July 2017 to inform credit reporting agencies about the tax position of businesses that have not effectively engaged with the ATO where the debt is more than $10,000 and at least 90 days overdue.

This aim is to encourage businesses to pay tax debts in a more timely manner. If this intention becomes reality, I expect that it will cause MSME's difficulties if their tax affairs are not kept in good order.

So as we start 2017, I encourage directors and owners of MSME's to review their business strategy with the right attitude and if things are not heading in the right direction to seek advice at the earliest possible time from a qualified and registered professional. G

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Jones Partners offers a complimentary free consultation if you would like to have a confidential discussion about your business.

Jones Partners Insolvency & Business Recovery p | 02 9894 9966 e | bgleeson@jonespartners.net.au b | www.brucegleeson.com.au www.jonespartners.net.au

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15

BUSINESS ADVICE

Steven Brown, Etienne Lawyers

Battle of the Forms What is a battle of the forms?

The procurement manager of an organisation (Buyer) emailed the potential supplier (Seller) to send a quotation. The scenario is as follows: 1. Buyer issues a request for quotation or supply with its standard terms and conditions (T&C’s) attached.

2. Seller issues its quotation with its standard T&C’s.

3. Buyer and Seller negotiate and agree on main points like price, quantity, quality and time for delivery.

4. Buyer issues a Purchase Order (PO) with its standard T&C’s 5. Seller sends its Order Acknowledgment with its own standard T&C’s 6. Seller ships the goods and Buyer accepts shipment.

7. The parties proceed without expressly agreeing on or accepting one or the other’s T&Cs, most often without turning their mind to it.

8. Buyer and Seller each prepared T&C’s that are generally favourable to them, the two sets of T&C's are likely to be fundamentally inconsistent in a number of ways.

9. In many cases, all will run smoothly and the question of applicable T&C's may never come to the fore.

10. However, when something goes wrong (Defective product. Failure to pay. When will title in goods transfer to Buyer? Who carries the risk in the goods during the delivery phase? How long does the defects warranty last? What happens if delivery is delayed? For the scenario we assume defective product), the lack of clear terms of the contract render the issue all the more difficult, time-consuming, and expensive to resolve.

This scenario gives rise to a “battle of the forms”. It is an easy trap for businesses to fall into. The question arises: Who will prevail in the scenario?

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Legal treatment of a battle of the forms For the formation of a contract there must be an offer and acceptance. For example, unless Seller accepts the exact terms offered to it by Buyer, Seller’s response to Buyer’s offer may constitute a counter-offer. If the parties proceed with the supply in the absence of any express acceptance of either party’s T&C’s, acceptance may be found by conduct. In that case, the Courts will often find that that the applicable terms are those of the last offer made1.

Whilst some may seek to use this principle to their advantage by having the last word in negotiations, the answer is generally not that straightforward, for example, where parties’ T&C's each expressly state it is their T&C's that apply.

Who will prevail in the scenario?

To resolve the question, there are a number of factors to consider. These include: (a) Is there a contract and what are its terms? (b) Have any terms been breached? (c) What is the remedy? (a) Is there a contract and what are its terms?

In the scenario the quotation is an offer, as Seller is prepared to be immediately bound by acceptance of it. The PO is not legal acceptance of the quotation, unless its terms are exactly the same as the quotation. As they are not the same the PO is a counter-offer. As we do not have offer and acceptance through written contract in the normal way, we need to determine the effect of Seller starting work, without notice, upon receipt of the PO. It is likely that, in this case, Seller would be seen to have accepted the counter offer by its conduct2, and accordingly, at that time, the enforceable contract came into existence. If this is the case, the terms of this contract would be those terms last put forward, here being the purchase order3. This is the origin of the “last shot” principle.

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(b) Have any of the terms been breached?

In the scenario the contract has been breached because the goods and services provided

by Seller were defective. Defective products is breach of an express term of the PO (and is also implied into some contracts by the Australian Consumer Law). (c) If one or more terms have been breached what is the remedy?

The breach has caused Buyer to suffer loss and, accordingly, Buyer can bring an action based on breach of contract, the aim of which is to put Buyer (the affected party) in the position they would have been in, but for the breach.

Risks with electronic contracts In e-commerce where transactions are concluded in fractions of seconds over the internet care needs to be taken to ensure that the long held traditional rules of offer, acceptance, consideration and capacity to enter into legal relations are all followed. The sequence or a carefree approach to any of these steps could lead to fatal consequences including that the contract is not on the terms and conditions you expected, or worse still that there is no contract or a ‘voidable’ contract.

Tips and takeaways It is easy to inadvertently find yourself in a “battle of the forms” situation, perhaps even without knowing it. This must be avoided at all costs as uncertain contracts lead to uncertain contract management, unexpected results, bad commercial relationships and expensive and protracted litigation. Ideally you will always properly negotiate your contract, and know precisely whose terms and conditions govern the relationship, and what those terms and conditions mean.

In any event you should adopt some of the risk mitigation steps as part of you standard

contracting procedures so as to maximise your chances of winning the battle of the forms.

(b) Add Standard Clauses to Offer Documents and Pre-Contract Communications

As is clear a “battle of the forms” scenario creates uncertainty that will inevitably lead to dispute and risk that your position will not prevail. To increase certainty and the likelihood that you will prevail you should:

Realistically, it is often not possible to have an underlying agreement, for example the scenario does not give rise to an underlying agreement.

In these cases, due to the inherent risk of commencing work on the basis of a purchase order inconsistent with your quotation (ie that commencement equates to acceptance) you should either ensure yours are the last submitted terms (thereby winning by “firing the last shot”) or ensure your quotation document and pre contract communications contain risk mitigation clauses, statements and steps.

These may include:

(a) seek to create an underlying agreement

containing your key terms, and (b) ensure your quotation or communications contain a clause clearly stating that subsequent clauses in trade documentation of either party will not have any effect on the agreement.

To enhance your prospects of creating an underlying agreement, or a course of dealing, such that your terms are more likely to prevail, you should: 1. Ensure each new and existing customer is sent a document “New Terms and Conditions of Trade” clearly spelling out

the new terms. This then can constitute an ‘underlying agreement’ between the parties.

If there is a dispute it will be of great assistance that a signed copy of this document is on file, with a note as to when, where, how and by whom it was sent.

2. This document should also be placed on the company’s web site and the url referenced in sales documents and quotations (as well as the full terms where appropriate).

3. If it can be proved that this is the procedure, and that there have been prior transactions using this procedure and document, then these terms may be incorporated into the agreements through a regular course of dealing.

• Do not start performing any obligations (such as delivering the goods or paying the purchase price) if the T&C’s issue has not yet been resolved.

If the contract is for the supply of goods, when those goods are sent the delivery advice should again reinforce this and the delivery person should get a signature on a copy of the delivery advice from the customer’s representative receiving the goods.

• Finally, the tax invoice should contain a similar statement regarding the fact that the seller’s terms under which the goods or services were supplied.

"If you are a small business, consider whether any of the other party’s T&C’s may be unenforceable on the basis they are unfair under the Australian Consumer Law." (a) Underlying Agreement

• After a contrary PO is received from Buyer Seller’s order confirmation response to the PO should restate that the goods/services are being supplied using the original terms of Seller.

Stating terms on Sellers standard contract or communications such as: “We will start without finalising the contract but we reserve our right to discuss the terms…”

If you are a small business, consider whether any of the other party’s T&C’s may be unenforceable on the basis they are unfair under the Australian Consumer Law. Similarly, if you are contracting with small businesses, consider having your standard T&C’s reviewed to ensure all the terms will be enforceable. G (1) Butler Machine Tool Co Ltd v Ex-Cell-O Corp (England) Ltd [1979] 1 WLR 401

“Starting on this job without finalising the contract should not be seen as acceptance of the purchaser’s terms…”

(2) Brogden v Metropolitan Railway Co (1877) 2 App Cases 666; Empirnall Holdings Pty Ltd v Machon Paull Partners Pty Ltd (1988) 14 NSWLR 523, 525; Brambles Holdings Ltd v Bathurst City Council [2001] NSWCA 61.

“Any commencement of the work ordered by you is done strictly in accordance with our terms and conditions and any terms and conditions supplied or communicated by you are expressly rejected.”

(3) Butler Machine Tool Co Ltd v Ex-cell-O Corp (England) Ltd [1979] 1 All ER 965; Orix Australia Group Corp Ltd v Peter Donnelly Automotive Pty Ltd [2007] NSWSC 977.

Seller’s quotation should clearly state that only Seller’s terms will be those that will be used for the contract. This would then constitute the offer:

Etienne Lawyers p | 02 8845 2400 www.etiennelawyers.com

• The quotation could go further and clearly state that the offer is made on the basis that any subsequent standard terms are excluded and that any acceptance or counter offer by the other party will be deemed to be an acceptance on Seller’s terms.

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BUSINESS ADVICE

John Howard, Founder, Smoothstream Business Intelligence

'Off The Shelf' Software Or A Customised Solution?

Which option is best for your business? A packaged, 'off the shelf', plug 'n play application being used by thousands of people around the world... or a highly specialised one-off application?

Both packaged and customised software offer advantages and disadvantages. For example, a generic product has been tried and tested and is trusted by many users so there is little risk in implementing it, versus the fact that something created just for your business is untried. Consider the fact that an 'out of the box' product is relatively quick and easy to implement and it is backed up by the manufacturer and their local vendor. In contrast, a lot more time is required by a software developer to analyse your specific needs list, then design, develop and road test the finished product before it can be introduced. When a 'standard' software application is enhanced the developer provides an upgraded version sometimes free of charge. When a customised package has to be improved there is a need for more programming and coding (meaning more cost and delay).

It might sound like this is a one-sided comparison, but it isn't. Explore the differences in more detail starting with the negatives associated with packaged products. They are 'one size fits all' solutions therefore they include functionality not required by every business. In trying to be 'all things to everybody' they are more complex which results in a cumbersome and inefficient user experience.

The limited flexibility of these applications causes businesses to have to change their internal procedures to suit the software, rather than it enhancing their operation. A simple outcome requires multiple steps. It often takes too long to find data, and that data is not indepth enough. It isn’t specific to each business and doesn’t provide all of the information required by management. With a lack of flexibility comes an inability for this type of software to integrate with other systems.

One last point, your competitors are most likely using the same software so where is your competitive advantage?

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The main reasons against using tailored software have been mentioned: it takes longer to develop and implement, it is untried and the up-front cost is higher – although over time this can even itself out.

When you take into account the benefits of having someone design an application unique to your business, the positives outweigh the negatives.

You are in control of the system development phase. You decide what features you want to have and what the user dashboard will look like. You determine how many clicks or menus are necessary to produce desired outcomes - which makes for a much more pleasant user experience. You choose what data it will report on each month and how the information will be presented. If the business is reliant on other software products, you select the level of integration. The product can be designed to grow with your business by making it ready to accept more functionality later on. It can be evolving technology.

processes are achieved with a few key strokes. Staff are much happier because they are completing tasks quicker and easier. The business experiences significant gains in efficiency and productivity which are reflected in the bottom line.

‘Off the shelf’ software is definitely beneficial… however solutions written specifically to the wants and needs of a business, as either a stand-alone piece of code or modification of an existing packaged product, deliver dramatically greater outcomes. G Very little pre-packaged business software actually delivers everything that is required for fully comprehensive business decision making.

Smoothstream specialises in three step data Extract, Transform, Load programs that deliver value add, decision making reports without having to abandon existing software.

Call or email to book a free, on site, 15 to 30 minute Discovery Session to determine your needs.

From a technical perspective, a customised solution is less vulnerable to outside threats (eg. hacking) which adds more security to the business operation and its IP. A tailored solution provides a powerful competitive advantage. Functionality can be written into the product which delivers services and outcomes specific to the current and future needs of customers. At the same time, because management are receiving a constant supply of rich data they are in a much better position to make high-level business building decisions to accelerate their progress.

There is evidence that a personalised interface leads to improved staff morale. No longer are employees restricted and frustrated by limiting software. Tasks which took hours – such as producing reports – are now completed in minutes. Functions which required convoluted

#83 Jan/Feb’17

Smoothstream Business Intelligence p | 02 9871 4484 e | john@smoothstream.com.au www.smoothstream.com.au

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• A competitive advantage which pays for itself.

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a g a R a n e l E BiziNet Magazine

#83 Jan/Feb’17

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PROUDLY PRESENTED BY

GWP MEDIA

What Does Your Personal Brand Say About You? In business, our look sends out an important message to others about ourselves. Are we conservative, attentive to detail, creative, edgy, trendy, traditional? Take a moment and think about what your look says about you, and how you would like to present your personal style. Just like branding of a business, your personal look is your brand – your unique style. Keeping an eye on fashion and trends can help you develop your own style and keep it current.

on our wrists, reminding us of important people and moments in our lives. Chains and pendants can be layered, twisting and flowing to complement matching charms and earrings. Stackable rings tie the entire look together and offer the flexibility to change combinations daily, while being as individual as each one of us are. How much fun is this process? Amazing brands enable us, piece by piece, to create our dream looks.

Catwalks showcase the very latest in clothing and accessories. Although trends are an ever-changing dance it keeps us fresh, is fun and lets us express our individuality.

At the moment, the layered look is in with stackable jewellery shimmering down the runway. Stackable bracelets and bangles sparkle on the wrist in an array of designs, offering the option to put our own colours and looks together. Then there is the charm of Pandora – putting special meanings

Anything goes now when it comes to metals. People are pulling out their yellow gold again and mixing it with silver and rose metals from new collections. The Pandora stackable ring collection recently expanded to include Pandora Rose giving us the choice of a lovely coppery pink to combine with sparkling silver, and the richness of 14 carat yellow gold. The new Ziro rings have finally delivered the slick black look men have been asking for for years. Quality brands are

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now offering affordable, individualized looks while keeping us on-trend.

Interestingly, despite many of us being addicted to personal mobile phones, watches continue to be popular. Frankly ladies and gentlemen, if you don’t have 5 or more watches in your collection – you have work to do! Styling work that is. If you are wearing a 10 year old watch – take a stroll to your local jeweller on your lunch break. Rose watches have increased in popularity and are becoming quite the trend. Mixed with titanium, silver and navy blue, the combination very much represents class and sophistication. Quality watches are available at affordable prices in stylish, beautiful designs with sapphire crystal faces, slim solar styles, carefully woven mesh, and even come packaged with limited lifetime warranties. Why not update your collection and, like other jewellery, wear a different watch each day to suit your

BiziNet LIFESTYLE design? What accessories could effectively express who you are? Style specialists can offer selection and professional advice.

Whether we spend time and thought on it or not, we each have a personal brand. Make sure yours says what you want it to. G Underwood Jewellers have 2 convenient locations in Parramatta. Our designers, master jewellers and style consultants would be pleased to assist in the development of your look and style. Valuations and custom crafted jewellery is our speciality. Call us for an appointment at your convenience. look and express your personal style.

A watch can say it all with a deep, shimmery, powerful, navy blue. That rich, slick corporate-sharp colour shouts out its message at a glance, giving impact to a Boardroom entrance. This corporate powerhouse of a colour not only makes a statement in professional clothing, but is inching its way into accessories as well.

Major international watch brands are leading the way with global styles that range from slightly edgy, to a more conservative executive feel and touching on everything in between.

The array of watch brands to choose from is endless. Bering delivers elegance in thin, streamlined, simple watch designs. Thomas Sabo is setting new trends with startlingly beautiful striped, multi-coloured mesh bands that cannot keep up with demand.

True traditionalists can tell their personal story with watches such as the Classique pocket watch, featuring the quality of precision-made Swiss movements.

Whatever your personal style is, it can be enhanced and visually presented to showcase the real you in a way that may have been understated for years.

There are other ways to express your own style. Quality writing instruments, note books and USB keyrings by brands such as Hugo Boss set high standards in corporate elegance. Matching colours, leathers and designs make beautiful corporate gifts and add personal finesse for stylish execution.

Designers Master Jewellers Valuations Custom Crafted Jewellery Quick Repairs Estate Specialists Underwood Jewellers 28 Phillip Street Parramatta 3rd Floor Westfield Parramatta Shopping Centre Tel: (02) 9689-1022 www.uj.com.au

When considering your personal brand and what you want to say by the way you present yourself, consider what could use updating or a little polish. Could a specialist be of help with colours, style and

BiziNet Magazine

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FEATURE

Bekir Kilic, Managing Director, PRO IT Pty Limited

Malaysia, “Next Silicon Valley of the ASEAN?” For the world, the digital economy is now a major source of economic growth which offers new opportunities for entrepreneurs to innovate and enhance social welfare and efficiency. This is something that Malaysia understands and is on a mission to transform itself to a knowledge-based developed economy.

After attending the Trade & Investment Mission to Australia on 5th of December, hosted by the Minister of International Trade and Industry of Malaysia, the Hon. Mustapha Mohamed, my previous curiosity regarding the possibility of doing business in Malaysia was rewarded. In his opening speech, he shared that in previous hosted events in Australia, there were merely 80 companies attending the event. This year however had a turnout of over 400. This was a clear indication to me that Malaysia is ready to do business.

Malaysia Digital Economy Corporation (MDEC), An agency under the Ministry of Communications and Multimedia Malaysia, has been entrusted to develop, coordinate, and promote Malaysia’s digital economy, information and communications technology (ICT) industry, and the adoption of digital technology amongst Malaysians.

Let’s talk Economic Location. Malaysia is located at the heart of the ASEAN Region, making it an ideal gateway to access a large population base of 600 million (that's larger than the USA and Japan populaces combined) and a collective GDP of USD2 trillion. It is little wonder that over 5,000 companies from 60 nations have already cast their anchors in Malaysia.

Coming from a neighboring Australian perspective this is a “Win Win” for Australia and Malaysia, the possibilities are endless.

The incentives to invest include government concessions such as up to 10 years’ tax free trading, 100% foreign ownership and being able to draw 100% of the profits. Not only does this offer financial benefit but it enhances and exports the skilled talent for Australia and in return creating jobs and building the workforce for Malaysia.

With all this in mind, I found myself on a flight to Malaysia a week later off to discover business

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opportunities awaiting. Armed with expectation I landed with a sense of “ok let’s see what’s on offer”. Impressively the staff at MDEC were ready and waiting to deliver all they had to offer at the Trade event.

Malaysia has already constructed their version of Silicone Valley called MSC Malaysia, it is nothing short of impressive. It all started with a vision to encourage the growth of a digital economy. Based on the concept of industry clustering, companies of similar industries are placed within the same geographical area to fuel economic growth. These companies are also housed within a facilitative eco-system to build their businesses in line with the vision of a developed digital economy. This creates healthy competition amongst businesses, encouraging innovation and development while raising competencies on a national and regional level.

With access to world-class infrastructure, MSC Malaysia is already attracting local and global investors and supports a robust local start-up ecosystem.

Some of the reasons why Malaysia had appealed to me in expanding my company internationally: English Speaking Skilled Workforce Best Economic Records in Asia Cheaper Setup and Overheads Hub of South East Asia Well Developed Infrastructure The infrastructure being put in place is growing at such a rapid pace it made me wonder how quickly a company could be setup and running here. How do I source the skills/labor? Allow me to explain in a few words what I was offered in Malaysia.

MDEC came on board and spent time with me to explain the process, and introduced the states and regions of Malaysia which will be

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most beneficial to my business. Within two days I was presented with three immediate options for business occupation. One was existing, the other off the plan and the third on the Malaysia Singapore Border for those looking for a closer link to Singapore. Once I had decided on the Johor Bahru Region, then they have partnered me with i2M Ventures Sdn Bhd (“i2M”) who are specialists in this field. Their key mandate is to attract and facilitate local and foreign corporations and set up centres in Johor, via GBS ISKANDAR. I2M staff were proactive in setting up appointments with relative Universities and Colleges as an option of where to source staff and also guided me on organisational setups with banking and legal requirements. Together with MDEC’s can do attitude, this process saved me time, effort and assumptions.

The Malaysian Government has the ambitious and confident vision to be the first country in the world to introduce the Digital Free Trade Zone.

The idea of the world having a physical and virtual zone with additional online and digital services to facilitate international eCommerce and invigorate internet based innovation is an exciting prospect to look forward to.

I have realised that not only is the Malaysian Government serious about this venture but they are helping in every step of the way to ensure 100% success rates for their own people, their economy, our economy and building confidence and prosperity with overseas investors. G For more information regarding opportunities in Malaysia visit www.mdec.com.my PRO IT Pty Limited p | 1300 727 553 f | 02 872 4 3311 www.proit.com.au

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BiziNet Magazine

#83 Jan/Feb’17

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FEATURE

Steve Sebbes, Director, PBO Global

Outsourcing - 9 Steps to Success!

Welcome to 2017. Whilst this is the time that everyone is crazily developing their New Year’s Resolutions and breaking them already! I am a big fan of businesses taking stock and reviewing the year that was, whilst planning your goals for the next. In light of new starts I thought I would share some pictures of our new centre in Clark, Philippines, and some of the hardworking accountants, legal support team and general admin that keep the light on. Enjoy my top tips for Outsourcing success in 2017!

1. The selection of a great Outsourcer This one is easy, take your time! Your Outsourcer is not simply a remote office with some random person sitting in it. This should be seen as a strategic partnership. These guys are your back up, they support your team, your clients and they probably drive fantastic financial outcomes in your business.

If they don’t currently, then you have the wrong partnership and you should get out! Ask questions, review the location and check that they are who they say they are. A flash looking picture may very well not be the real thing. If you or your team can visit the location this is highly recommended, the cost of failure with the wrong partner will far outweigh the minor costs of a office inspection. You may be very surprised with what you see!

2. Recruitment/Induction/On boarding and Training Firstly, check that if you’re asking for your very own team member that they are not a shared resource, price can uncover this quickly. If it sounds cheap then it probably is.

Secondly, your Outsourcing partner should be able to support your requirements for a Position Description, all the advertising, preinterviewing, testing, personality profiling, local Security checks and then the NBI (yes, similar to the FBI) and then the final presentation for interview by you, the client! Thirdly, Induction and On boarding is a crucial part of embedding your company culture, your outsourcing partner represents your brand and this should be easily visible. Lastly, continuous training, all outsourcers say they do this, but do they?

Check that your Outsourcer has a plan.

3. Performance Management Yes, for real, even your Outsourcer needs to have Performance Management processes in place, your Outsourced team member is a real person to! This program differs dramatically based on just how hands on your Outsourcer is. “The problem is yours” is not something you want to hear, nor is the term “your managing them”. These terms should strike fear in your heart. A strong Outsourcer should share the responsibility to support your remote team

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Some of the team with the Airforce Minister who blessed our premise Group learning environments

members and ensure that they are operating at maximum efficiency, of course they can’t do all the work, you will have to develop and maintain your own relationships!

4. General Communication Daily communication where possible should be encouraged. Consider them in another location that you can’t get to easily. Take responsibility and accountability over the daily communication and relationship build of your team, it will pay you back many times over with reduced churn and increased productivity.

Remember, remote is not removed!

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5. Philippine Holidays – they’re random!

In some ways the Philippine Public Holiday process is easy. Usually they observe the same holidays as the Aussies do. Most firms are comfortable with our Filipino colleagues taking days off when they do. However, there are a further 10 (usually 10, this is subject to change) holidays that can move and are decided upon by the President. These declared holidays can disrupt your working relationship and may even disrupt outcomes. Some additional days are particularly sensitive and it is not expected that Filipinos work. Pre-planning is critical to ensure the cultural sensitivities are understood but that capacity planning can be supported.

6. IT Security and Privacy It doesn’t get much scarier when you talk about IT Security/Privacy and you or your client’s personal information is in another country.

Although a Security/Privacy Statement would look nice the Outsourcing organisation must live and breathe security. They must be able to exhibit this behaviour and it must permeate throughout the business at all levels. From the front desk reception, secure rooms for testing (these should be outside the working environment for best practice), no Wi-Fi for hacking, reduce Skype usage, the implementation of more secure platforms for video communication is preferred, through to communicated best practice in centre,

when choosing your business partners. It's one thing to claim fancy offices, close to transport and a range of benefits for your team, however it's another thing whatsoever to have business continuity if the weather decides to disrupt things a little bit. Insist that your supplier has dual fibre, supplied by different carriers. Your centre should be supported by diesel generators, big ones! These kick in when weather is an issue.

However, an even better idea is to avoid Manila all together, outlying areas such as Clark offer sanctuary outside the city limits without the risk of flooding. These trade free zones are an excellent choice for business and present great working conditions, secure, clear and safe roads and infrastructure.

culture Then, after being colonised by Spain, the Philippines became a U.S. territory for almost 50 years. Influence from the United States is manifest in the wide use of the English language and in the modern pop culture of present-day Philippines. Filipinos believe that it is one's duty to keep things operating smoothly. It is very important not to lose face.

Being corrected or correcting another person in public is not considered acceptable behaviour.

People want to grant all requests, and so they often say yes when they mean no or maybe.

When one is asked to join a family for a meal, the offer must be refused. If the invitation is extended a second time, it is permissible to accept. Time consciousness and time

Some of our Accounting team – all qualified CPA’s with relevant MYOB and Xero experience

General Admin and Recruitment Support

blocked domains, no printing rules and no mobile phones at the desk etc. The list can be long, utilising a top level cloud provider such as Amazon Web Services to provide a secure network but to also provide a remote log on to servers anywhere in the world. Your Outsourcer should be able to recommend a local IT team to support your transition and ensure that your systems are also up to scratch with theirs.

Request a review and look for their support, an answer of “that’s your problem”, is more common than you think.

7. Centre Redundancy Centre Redundancy is a critical consideration

8. Language barriers The official languages are Filipino, which is based on Tagalog with words from other native languages, and English. Since only 55 percent of residents speak Filipino fluently, English is used in colleges, universities, the courts, and the government. The country's seventy to eighty dialects are derived from Malay languages. "Taglish," a mixture of Filipino and English, is becoming a standard language.

Filipinos are proud that their country has the third largest number of English speakers in the world. Filipino English includes many British terms. It is a formal language that includes words no longer commonly used in English.

management are not important considerations.

A planned meeting may take place later, much later, or never.

9. Culture The culture of the Philippines is a combination of Eastern and Western culture. Before the Spanish colonisation of the country, the Philippines' culture was mainly influenced by the indigenous Malay heritage of Southeast Asia. The Spanish Empire then colonized the islands and, after more than three centuries of colonisation, Roman Catholicism spread throughout the archipelago and Hispanic influence heavily impacted the country's

PBO Global p | 02 8765 5980 e | steve.sebbes@pboglobal.com.au www.pboglobal.com.au

The selection of a strong Outsourcing business partner should take time and not be hurried.

Ensuring that they can support you regardless of your understanding and help you through what will initially be overwhelming. Working closely with your Outsourcer to ensure that you understand the IT, that you have developed systems and processes in place is also critical. As always I am open to criticism or conversation, I invite both. G

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BUSINESS ADVICE

Learn from Our Mistakes!

The Smart Way to Buy from China After many failed attempts to purchase goods from China, we learned the hard way how not to do business in China. It took many costly mistakes and a considerable waste of our time and money before we learned the smart way to purchase goods from China.

After learning such valuable lessons, and talking to many other businesses who had similar experiences to our own, we decided to set up our own company Old China Plate Limited to help other businesses from making the same mistakes.

Common Mistake 1: Purchasing and Communicating Online Many of the companies we initially contacted claimed to be the manufacturer. It wasn't until after I had paid for the products and organised shipping documents that I learned that the person I was dealing with was an individual operating as unauthorised agent for the manufacturer. My warranties were null and void.

In one instance the agent simply disappeared after receiving payment, the manufacturer had never received an order or known the agent.

Common Mistake 2: Not Visiting the Factory Visiting the factory is essential. Trying to save time and money by not visiting the factory is the very definition of 'cutting off your nose despite your face'. Visiting the factory not only helps to prove that the company you are dealing with is actually the manufacturer (and not just an agent), it also allows you to inspect the quality of the products and procedures and shows the manufacturer that you are a serious buyer - building your credibility.

Common Mistake 3: 'Yes' does not mean 'Yes' The word 'Yes' in China has many different meanings. It can either mean 'I hear you (but I don't necessarily agree)' or 'I am not sure but I am afraid to say No' or 'The answer is really No but I am sure that with time I can find a way to make the answer Yes' and in relation to price negotiation, here is the best one, 'Yes we can drop the price (but we won't mention how we will compromise quality to achieve that price)'.

There is a massive cultural difference in the way the Chinese communicate with western buyers. A trusted local is essential - particularly at the beginning.

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These are just 3 of the most common mistakes not only made by us but many of our clients prior to engaging us to help them.

Now based full-time in China Old China Plate Limited is an Australian managed company that specialises in commercial sourcing, procurement, supply chain management and Quality Assurance across a diverse range of industries and products with customers from Australia, New Zealand, UK, USA, South Africa and throughout Europe.

Our experienced team of Australian and Chinese nationals are fluent in both Chinese

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and English, this together with our extensive experience dealing directly with a carefully chosen network of Chinese manufacturers ensures that our customers can always expect personalised service and receive the highest product quality for the best value for money. G

China Unplugged Limited p | + 61 (0) 459 024 659 e | info@oldchinaplate.com www.oldchinaplate.com

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SELECT OZ

Farrukh Mirza, Azrim Pty Ltd

Why Azrim Donates at Least 10% of its Total Annual Turnover to Charity?

And My Pick of top 5 Charities.

Charity is an attribute found in generosity and only those people are generous who know the value of not having much or have now reached a point of contentment in their lives to know to share the bounty coming their way.

I have always found that it's the best way to give back to the community is to service a healthy share of the profits towards a cause that is designed to make lives better, and help those in need, be they disabled, suffering from mental or physical health issues, or just a great bunch of people trying to make the world a better place to live.

Here's a list of my top 5 charities that I support, and look to support in the coming years. My business goal is to achieve a turnover of $20m by 2020 and can build schools, libraries and hospitals with at least $2m donation on an annual basis.

1. ShareCare (Campbelltown NSW) A great organisation that provides welfare and support services to families with children that are disabled, autistic or have mental or physical health issues. They take kids out to trips, provide a range of services for support including training and support, as well as educate people on how to raise kids the right way without losing their mind.

2. The Smith Family Trust (NSW) Having visited their operations earlier this year, I was blown away by the scale of their work and the support they provide to kids and adults irrespective of their religious background. They also help the environment by recycling items of clothing, furniture and electronics by a number of channels including retail and wholesale export.

In 2017, Azrim will organise a drive to collect old clothes from their clients in good condition to provide The Smith Family Trust with enough clothing and products to help them raise some extra funds for the kids and families they help in Australia.

3. The Fred Hollows Foundation (Australia - New Zealand) For the past 6 years, Azrim has continued to be a monthly contributor to the fundraising efforts

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for this amazing charitable organisation that helps people see. We will continue to donate to them in the years to come.

4. Manly Women's' Shelter (NSW) A good group of people doing great work for the community by providing refuge to women needing help from domestic violence, homelessness, financial hardships, and support. Every year Azrim donates a made-tomeasure suit that goes up for auction to raise funds for this organisation.

bought clothes from Azrim this year; each and every person who referred us business; and each and every well-wisher who liked, shared, followed and posted for us on social media.

In this season of giving, please be generous and share abundantly. As I know from personal experience, the more you give unconditionally, the less you will ever need to ask anyone for yourself. G

5. Dress for Success (Australia) Another top foundation that helps women getting back to work look good and presentable through donated clothes. These ladies are trying to get back to work and this organisation helps them by offering them free stylist and consultation on how to dress well and look the best so they can get the job they desire.

In the past two years, Azrim has donated over $30,000 worth of clothes to this organisation and we hope that this has gone a long way in helping women dress for success.

Other charities that we have supported included those in New Zealand (StarShip Children's Hospital; Rotary International); Australia (Westmead Children's Hospital; NSW Police, Make Bullying History Foundation, Beyond Blue); India (Diamonds Charitable Trust, Al-Zahra Foundation) and much more.

One of my personal goals for 2017 is to donate $50,000 USD to a charity in Asia that offers girls left orphans through war or tragedy complete shelter and education so that they can be selfsufficient. I was fortunate enough to visit one of their centres this year, and they need to build new classrooms for these children. To help raise funds, we have multiple items on SALE (up to 80% off) on our online site shopping cart – all the sale proceeds will go to this charity.

On behalf of all these charities, I would like to personally thank each and every client who

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Azrim: Az Designer Az You p | 02 8765 5980 by appointment only www.azrim.com.au

Who are we?

We are a locally-owned and operated credit union (member-owned financial institution) at Riverside Corporate Park, North Ryde.

What is a Credit Union?

A credit union is a member-owned financial institution. We offer all the same services as other financial institutions such as banks, but we’ve always been people before profit, democratically controlled, socially responsible, community focused, and financially sustainable.

We are Member Owned – Our members have a say!

Our members are shareholders of the Credit Union which means they own a share of the credit union and have a say in the decisions made within the Credit Union.

People before profits!

Unlike other financial institutions such as banks our profits go back to our members through competitive interest rates, fairer fees and by focusing on community investments in our local area.

Same regulations and governing body as the big banks Credit unions are regulated in exactly the same way as the big banks are under the Banking Act, Corporations Act and APRA oversight. So your money is safe with us!

Who can join LCU? We welcome membership from employees on Riverside Corporate Park, North Ryde, Macquarie Business Park and their family and friends are also eligible to bank with us!

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SELECT OZ

Bruce Mott, Managing Director, Sports BC Pty Ltd

2017 Bring It On! I can't wait for 2017, that’s the view of most, with all the negativity in the world, we hear more and more stories of how people can't wait to close out a forgettable year and how they are looking for or ‘hoping’ things will turn around next year.

Well I can't wait for 2017 either, because 2016 was what I made of it and for me it's been a great year and I'm even more excited about 2017.

Life is not what you are ‘served’ it's what you make of it.

Sports BC are about to launch a new sporting program. Australia and the USA will become part of a unique model that will see sports in a new light, a link to the community that has gone unnoticed.

Opportunities exist for progressive and innovative companies to join us, to put your marketing dollars toward something new, fresh and exciting. As a first mover, along with Sports BC and our programming, you will join in national and international exposure in a way never before offered. You will build new relationships with recognised and upcoming sports stars across a variety of sports.

Motorsports, ball sports, water sports and many more will form part of our roster and your marketing platform.

Our program is shamelessly targeting investment from middle America and middle Australia. We are the ‘open source’ of sports investment, open to far more than a closed, elite, high dollar group. For Americans to invest in Australia and for Australians to invest in America, we need to make it more affordable, so that's what we have done.

We are focused on a variety of sports, male and female, this creates a very broad demographic for you to draw from. We are seeking businesses, your business, to leverage from this demographic at a judicious level of investment and in a market never before targeted in this way.

We have set ourselves the aggressive launch date of March 2017, so those prepared to move astutely, though quickly, will be the winners in this new Australia / USA program.

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Secondly, I would like to thank Dmitry Greku and AmCham for their relentless support of myself and all AmCham members. Dmitry is an unbelievable source of ideas and knowledge.

AmCham is an unbelievable source of access, together they have advanced my ideas, knowledge and as a result, progress.

So, 2016 was a great year, but I can’t wait for 2017, bring I on. I’m very excited about the year ahead and I intend to instil that same excitement and positiveness in all I do and to all those I'm around. It's those minds I am looking to work with in 2017, so please contact me. G

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Bruce Mott and Dmitry Greku at the Amcham GWS Launch in 2016

Sports BC p | 0408 488 000 e | Bruce@sportsbc.com.au

RBF

Helping business people in Sydney’s northern suburbs do business together - Ryde Business Forum, your umbrella Chamber of Commerce.

Find out more, become a member and register for our events at rydebusiness.com.au

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WWW.GWPPRINTING.COM.AU BiziNet Magazine

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BiziNet INVEST

SUPAROO Paddle Boards Stand Up Paddle Surfing has arrived! Today, it's is the fastest growing sport in the world – and more than that, it's a brand new healthy lifestyle activity that is accessible to a diverse range of age groups and physical conditioning levels. It's geared to both men and women, and all you need is a love of water and some Stand Up Paddle gear!

And now, SUPAROO has taken the SUP experience to another level by offering a wide range of lifestyle stand up paddle boards and accessories.

A little bit of history behind SUPAROO. The founder put himself on a SUP board back in 2009 for the first time – and instantly fell in love with the sport.

“This is one of life’s most addictive sports. You don’t need to have special skills to become a SUPer. I’m 49 but it’s like feeling 25 when you’re on the water even without prior experience.” Dmitry Greku, Founder, SUPAROO It took five boards, four years and about $10,000 in hard earned for SUPAROO founder to eventually get that perfect board. However, at SUPAROO we feel that it's absolutely essential to get this right from the start – both for enjoyment and for safety sake.

The key SUPAROO difference is that the boards are designed with the average person in mind. We have taken into account that the average person may not be in peak physical condition that is often a prerequisite to other water-based sports.

Our expertise will ensure that our clients go out on the water for the first time with the board that is tailored to their particular needs, fitness level and experience.

Furthermore, we also sell SUP accessories.

The complete range of SUPAROO gear allows any enthusiast to be kitted out and ready to roll rather, than riding a board with mismatched fins, paddles and other accessories coming from an array of different suppliers.

We have also developed a model that allows customers to trade-in their older boards. Our clients can also come back to upgrade to a board that will suit their needs once they are more experienced and confident. For example, you may find that you prefer to ocean surf to flat water – or vice versa, at some stage.

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TM

Fat Dude C in action

The SUPAROO product is brand new on the Australian market. A rather interesting fact, our boards have managed to draw enough attention to warrant attempted theft from our warehouse – the first night our first shipment arrived to Sydney. We have had some good luck on our side, whereby storage clutter and a small padlock on a roller door managed to save us from a rather grim start.

As SUP's are recreational outdoor lifestyle products, we have quickly attracted interest

SUPAROO paddles

#83 Jan/Feb’17

from the car industry.

Rod Cullen, Dealer Principal of Lander Toyota in Sydney agrees. His company has linked up with SUPAROO to display our new range of SUPs. “Lander Toyota has linked up with one of our good business partners to display their new range of Stand Up Paddle boards. The all new SUPAROO brand is not just an innovative board but it is a work of art in each design.

(l-r) Industry legend, Wayne Ryan, LineUp Australia & Dmitry Greku, SUPAROO with new range of surf SUPs: Fat Dude C & Fat Dude

James’ first time on a SUP with full confidence More importantly, the SUPAROO boards are built to be comfortable, stable and forgiving. This will help you to start enjoying SUPing from day one and become experienced and confident sooner. Generally SUP manufacturers build their top-end quality boards for professionals or very experienced surfers. This is not the case when you buy a board from SUPAROO. Their boards are designed for the average Joe – not just elite athletes. Just like Lander Toyota presents your best motoring solutions, SUPAROO is a leader in delivering a perfect solution for your SUPing enjoyment”, says Rod. On the topic of eco-activities, SUPAROO has initiated the Clean Ocean Day Project.

Individuals and organisations can participate in a program guaranteed to secure the future of oceans that embrace 80 per cent of the Planet.

Clean Ocean Day promotes a healthy marine environment. Its goals include rubbish collection in the water, educational and awareness activities and the vitality of pristine oceans and waterways.

Every time on the water with SUPAROO

SUP board: Fast Eddy promises a good time. Sarah and James lauded their experience with SUPAROO boards as one eminently suitable for men and women: “Most stand-up paddlers can recall that first outing on a board. We certainly can and once tried, it’s never forgotten. But with a SUPAROO board you have to come back for more.” G A variety of SUPAROO boards will suit recreational cruising, fun family time, surfing, fitness, corporate team-building and on-water eco-activities. If you are interested to be a partner and participate in this exciting new venture, please contact SUPAROO today.

SUPAROO Australia e | info@suparoo.com.au www.suparoo.com.au

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BiziNetwork AUTOMOTIVE Lander Toyota 02 8884 4888 112 Sunnyholt Road Blacktown NSW landertoyota.com.au

FASHION Azrim Pty Ltd 0424 424 829 Fashion & Luxury Goods Sales and Marketing azrim.com.au FINANCE

ACCOUNTING Bright Accounting and Taxation 02 8858 3242 33/9 Hoyle Ave Castle Hill NSW 2154 brighttax.com.au

Mortgage Choice Norwest 0439 081 118 C68, 24-32 Lexington Drive Bella Vista NSW 2153 mortgagechoice.com.au

BUSINESS SUPPORT BGES 1300 87 78 78 Business Growth and Exit Specialists BGES.co PBO Global 02 8765 5980 Professional Business Outsourcing pboglobal.com.au Prime Focus Growth 1300 202 117 PO Box 515 Stanhope Gardens, NSW primefocusgrowth.com CHARITY HeartKids 0423 938 354 heartkids.org.au Norwest Sunrise Rotary 0418 298 274 PO Box 7039 Baulkham Hills NSW Thorndale Foundation 02 9912 7800 thorndale.com.au CHILDCARE Cubbyhouse Childcare Australia 0412 615 728 3 Columbia Court Baulkham Hills NSW 2153 cubbycc.com.au CLEANING Just Clean Australia Pty Ltd 0433 159 796 50 Greenhill Dr Glenwod NSW 2768 justcleanaustralia.com.au CONSULTING Bedrock Consulting Group 1300 858 051 34/6 Meridian Place Bella Vista NSW 2153 cruzandco.com.au

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FURNITURE Bowermans Office Furniture 02 9630 9756 591 Church Street North Parramatta NSW 2151 bowermans.com.au GRAPHIC DESIGN GWP Media 1300 889 132 F78B 24-32 Lexington Drive Bella Vista NSW 2153 gwpmedia.com.au HR Careers Excelled 02 9899 9674 Suite 420, 4 Columbia Court Bella Vista NSW careersexcelled.com.au iPlace Recruitment 02 8865 9200 PO Box 7915 Baulkham Hills NSW 2153 iplacerecruitment.com.au IMPORT / EXPORT Avalu Pty Ltd 0438 160 887 Bringing Australia the best in wines and perfumes avaluglobal.com INDUSTRIAL SERVICES Beralon Pty Ltd 02 9624 8011 Unit 1, 4 Bearing Rd Seven Hills, NSW 2147 beralon.com INSURANCE INDUSTRIAL SERVICES Action Insurance Brokers 02 8935 1500 301/20 Lexington Dr, Bella Vista NSW 2153 actioninsurance.com.au

List Your Business in BiziNet Magazine 1300 889 132 www.bizinet.com.au

#83 Jan/Feb’17

INSOLVENCY Jones Partners Insolvency & Business Recovery 02 9894 9966 Suite 301, Level 3, 4 Columbia Ct, Baulkham Hills NSW 2153 jonespartners.net.au IT GET Technologies Pty Ltd 1300 00 GETT (4388) Level 5, 4 Columbia Court Baulkham Hills NSW gettechnologies.com.au Pro IT Pty Limited 1300 727 553 12-18 Fairfield Street, Fairfield East NSW 2165 proit.com.au Smoothstream Business Intelligence 02 9871 4484 smoothstream.com.au LAW Coleman Greig Lawyers 02 9895 9200 Level 11, 100 George Street, Cnr Smith Street Parramatta NSW 2150 colemangreig.com.au Etienne Lawyers 02 8845 2400 Level 57 MLC Centre, 19-29 Martin Place Sydney NSW etiennelawyers.com MANUFACTURING Manufacturing and Design Solutions 02 9614 7068 PO Box 213 Northmead NSW 2152

manufacturinganddesignsolutions.com.au

PRINTING GWP Media 1300 889 132 F78B 24-32 Lexington Drive Bella Vista NSW 2153 gwpmedia.com.au REAL ESTATE Coutts - Castlecorp 02 8883 4000 F126/24-32 Lexington Dr, Bella Vista, NSW 2153 coutts.com.au LJ Hooker Commercial North West 02 8814 1588 Suite 1:08, 29-31 Lexington Drive Bella Vista, NSW 2153 ljhc.com.au STRATA Cleaver Strata Consulting 0408 485 773 PO Box 962 Baulkham Hills NSW 1755 cleaverstrataconsulting.com.au

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BiziNet Magazine

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LAND A BETTER DEAL AT LANDER TOYOTA The Lander Toyota better buying experience starts from the moment you enter our stunning showroom. Our professional consultants will discuss your needs and present all the options available to you from the exceptional Toyota range.

3 Flexible finance options. Expert business managers on site

3 Service centre equipped with the latest Toyota technology

3 Large stocks of cars, SUVs, 4WDs and commercial vehicles

3 Fully trained service technicians 3 Accessory and parts department There’s a lot more on offer at Lander Toyota.

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WESTERN SYDNEY’S NO.1 DEALER Lander Toyota

112 Sunnyholt Road, Blacktown T 02 8884 4888 landertoyota.com.au Highland Autos Pty Ltd trading as Lander Toyota. MD20304

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Toyota Finance Australia Limited ABN 48 002 435 181, AFSL and Australian Credit Licence 392536.

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