In the event that this Application for Credit is approved, I hereby agree with the Supplier to abide by all the following terms and conditions.
1. to pay for all goods sold and delivered or services provided in accordance with the terms of the Invoice (payment) or within such other period or time as may be notified to me from time to time by the Supplier.
2. in the event that any sequestration order is made affecting my property or I give any authority to trustee under Section 88 of the Bankruptcy Act, or I commit any act of bankruptcy or any petition for my winding up, or I am placed in receivership, or any official manager is appointed, or I cease to trade or carry mu business in the usual manner, any amount then due to me to you shall become immediately payable or the goods returned if so desired by the supplier.
3. that I have been supplied with a copy of the conditions of sale current at the date hereof
4. that all sales of goods are made and services are provided to me by the Supplier only upon the terms contained in the Supplier conditions of sale. Until altered conditions of sale are notified to me I agree that the current conditions of sale shall continue to apply.
5. that a certificate signed by the manager, accountant, secretary, credit manager or credit officer for the time being of the Supplier in respect of any sale or delivery or price of any goods or the provision or price of any services by the Supplier or the amount due owing or payable from time to time to the Supplier in respect of the sale of goods, the provision of services or on any account whatsoever as at the date or dates set out in such certificate shall in all courts and at all times be prima facie evidence of the facts therein stated.
6. that I will pay to the Supplier interest in respect of any amount as may from time to time be overdue calculated at the rate of interest applicable to bank overdrafts and indemnify the Supplier in respect of any taxes or stamp duties which may become payable by reason of or subsequent to any default in making payment in accordance with the terms of payment applicable from time to time.
7. that I will indemnify the Supplier against and agree to reimburse it for any expenses it may incur in recovering or attempting to recover payment from me of the amounts, which may from time to time be overdue. These costs include legal costs, solicitors, debt collection agency commissions and fees.
8. that the Supplier may at any time and from time to time alter its conditions of sales or the terms of payment and such altered conditions or terms shall apply in respect of all transactions taking place alter notification to me of such altered conditions or sale or terms of payment.
9. that the Supplier may at any time or from time to time without assigning any reason therefore refuse to extend any further credit to me and that its approval of this application does not require the Supplier to extend to me any particular amount of credit.
10. that where there is more than one customer each customer shall be jointly and severally liable hereunder and in this application on all terms hereof the singular shall be read and construed as included the plural.
11 a. ownership of the goods contained in each delivery (the goods) shall remain with the Supplier which reserves the right to dispose of the goods until payment has been received in full or until such time as I sell the goods to mu customers by way of bona fide sale at full market value.
b. until payment in full for the goods has been received by the Supplier I shall not hold the goods as bailee for the seller, provided however that I may, in the ordinary course of my business, use any of the goods to make up other products or sell any of the goods to make up other products or sell any of the goods on condition that should the Supplier so require I will assign to the Supplier my rights in respect of the sale price thereof.
c. I hereby acknowledge that until payment in full for the goods has been received by the Supplier I am under no obligation to the Supplier to account to the seller for the proceeds of the sale of the goods by me in the normal course of my business.
d. If any of the goods are on-sold I agree to place the proceeds of sale for the goods into a bank account conducted in my name and acknowledge that I will not withdraw any of those monies until payment in full for the goods has been received by the Supplier.
e. I agree forthwith to insure the goods for their full insurable value against loss or damage by fire, theft, accident and other such risks
12. that notwithstanding any change in my trading structure I will remain personally liable for all goods and services requested by my agents or me.
PRIVACY ACT 1988
The buyer and/or Guarantor/s agree for the Seller to obtain from a credit-reporting agency a credit report containing personal credit information about the Buyer and Guarantor/s in relation to credit provided by the Seller.
1. The Buyer and/or Guarantor/s agree that the Seller may exchange information about buyer and Guarantor/s with those credit providers named in the Application for Credit account or named in a consumer credit report issued by a reporting agency for the following purposes:
a. to assess an application by the buyer.
b. to notify other credit providers of a default by the buyer.
c. to exchange information with other credit providers as to the status of the credit account, where the Buyer is in default with other credit providers.
d. to assess the credit worthiness of the Buyer and/or Guarantor/s.
2. the Buyer consents to the Seller being given a consumer credit report to collect overdue payment on commercial credit (Section 18K (1)(H) Privacy Act 1988).
3. the Buyer agrees that Personal Data provided may be used and retained by the Seller for the following purposes and for other purposes as shall be agreed between the Buyer and the Seller or required by law from time to time.
a. Provision of Services and goods
b. Marketing of Services and or Goods by the Seller, its agents or distributors in relation to the Services and Goods.
c. Analysing, verifying and/or checking the Buyer’s credit, payment and/or status in relation to provision of Services/Goods
d. Processing of any payment instructions, direct debit facilities and/or credit facilities requested by the Buyer.
e. Enabling the daily operation of Buyer’s account and/or the collection of amounts outstanding in the Buyer’s account in relation to the Services and Goods.
4. The seller may give, information about the Buyer to a credit reporting agency for the following purposes
a. to obtain a consumer credit report about the Buyer
b. allow the credit reporting agency to crate or maintain a credit information file containing information about the Buyer.
: Directive 'allow_url_include' is deprecated in Unknown on line 0