I/WE (THE APPLICANT) HERBY AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS IN RELATION TO THE ACCOMODATION OF CREDIT AND THE SUPPLY OF GOODS BY GMN/VEGIE PREPI (THE SUPPLIER)
Upon the approval of this application for credit, the Applicant agrees with the Supplier:- 1. To pay for all goods sold and delivered within 14 days from the date of invoice.
2. If the conditions in clause 1 are not complied with or the Applicant otherwise fails to comply with its obligations to the Supplier in any respect, the Supplier may:-
- Revoke the credit accommodation and require any further purchases by the Applicant to be on cash on delivery basis.
- Require that all amounts owing to the Supplier for any reason whatsoever shall become immediately due and payable with deduction or demand.
- Rescind all discounted quotations and recalculate outstanding charges
3. If the Applicant is a company, the Supplier may require that the directors or other nominated third parties must give a guarantee and indemnity in Form attached.
4. That the Applicant, and where the Applicant is unincorporated each proprietor of the Applicant, hereby charges with payment of the moneys and compliance with all obligations owed by the Applicant to the Supplier all beneficial interests(freehold and leasehold) in land held now or in the future by the Applicant or proprietor. The Applicant, and where applicable, each proprietor agrees that if demand is made upon it, him or her by the Supplier, the Applicant or, if applicable, that proprietor will immediately execute a caveat, as required by the Supplier, if he or she fails to do so within a reasonable time of being so requested, the Applicant or, if applicable, that proprietor irrevocably and by way of security appoints any credit manager engaged by the Supplier to be its, his or her true and lawful attorney to register and execute such documents.
5. That all sales of goods are made to the Applicant by the Supplier only upon the terms contained in these terms and conditions of credit and trade. Until altered terms and conditions of credit and trade are notified to the Applicant agrees that the current terms and conditions shall apply.
6. That the Supplier may from time to time alter its terms and conditions of trade and credit and such altered conditions shall apply in respect of all transactions taking place after notification to the Applicant of such altered terms and conditions of credit and trade.
7. That the applicant agrees that an account service charge of 1.5 per cent per month may be imposed by the Supplier in the event that clause 1 is not complied with.
8. That the Applicant agrees to pay any costs, commissions, and legal expenses whatsoever arising from the collection of any overdue monies. Such interest. Costs and commissions and legal expenses may be recovered as a liquidation debt.
9. That the Supplier may at any time from time to time without assigning any reason therefore refuse to extend any further credit to the Applicant and that its approval of this Application does not require the Supplier to extend any particular amount of credit.
10. That where there is more than on Applicant each Applicant shall be jointly and severally liable under the terms of this application.
11. That the Supplier reserves the right to enter the Applicants premises and recover any goods and/or dispose of any goods in set off against amounts owing to the Supplier by the Applicant.
12. That the Applicant agrees to notify the Supplier of any changes in ownership or address. Notwithstanding any change in the Applicants ownership/trading structure or any advice by it to the Supplier of such change, the Applicant as set out on page one, will remain personally liable for all goods and services requested by it or on its behalf until it has received written confirmation from the Supplier that its account has been closed and full payment received and a new account has been opened in the name of the new entity.
13. The Applicant acknowledges that the Supplier will not be liable for any transport delays in the performance of its obligations.
14. That no claims levied against the Supplier in relation to variations in quantity or loss or damage of goods will be considered unless notified to the Supplier within 24 hours of receipt of the goods by the Applicant.
15. That failure by the Supplier to insist upon compliance with any provisions of these terms does not constitute a waiver of that provision and the Supplier shall be entitled to insist upon compliance with all provisions of these terms at any time.
16. That if any provision or part of a provision of these terms and conditions of credit and trade is found to be invalid or unenforceable then that provision or part of that provision shall be severed and the remaining provisions shall continue to be binding and have full force and effect on the Supplier and the Applicant
17. That the Supplier may at any time set-off amounts owed by the Supplier to the Applicant from the amount owed by the Applicant to the Supplier.
18. That the laws applicable to this arrangement are the laws of the State of Queensland and the court of jurisdiction is Brisbane Central District.
19. That the Supplier hereby advises that, pursuant to S18E (8) of the Privacy Act 1988, information disclosed in the course of this credit application may be disclosed to a credit reporting agency. Under S18E© of the Privacy Act 1988, the Supplier is allowed to give a credit reporting agency personal information about your credit application, information which may be given to an agency is covered by section 18E(1) of the Act and includes, identify particulars (as permitted by the Privacy Commissioners determination issued under s18(3) the fact that you have applied for credit and the amount, the fact that the Supplier is a credit provider to you, payments which become overdue by more than sixty (60) days and for which collection action has been commenced, advice that payments are no longer overdue, cheques drawn by you which have been dishonoured more than once, in specific circumstances, that in the opinion of the Supplier, you have committed a serious credit infringement, that credit provided to you by the Supplier has been paid or otherwise discharged. Pursuant to ss118k (1) of the Privacy Act 1988 and paragraph 2.12 of the Credit reporting Code of Conduct issued under S18A of the Act, you hereby agree to the Supplier obtaining personal information from a credit reporting agency or a credit provider for the purpose of assessing this application for commercial credit (including information as to creditworthiness) and agree to that agency or provider providing that information to the Supplier for that purpose. You further agree to the obtaining from and provision by, such agency or provider further credit reports which may assist the Supplier in recovering any sums outstanding under the terms of the commercial credit agreement to which this application may lead.
I/WE DECLARE AND AFFIRM THAT THE INFORMATION SUPPLIED BY US, THE APPLICANT, IN THIS APPLICATION IS TRUE AND CORRECT AND ACKNOWLEDGE THAT GMN/VEGIE PREPI WILL USE THIS INFORMATION FOR THE PURPOSE OF ASSESSING MY/OUR COMMERCIAL CREDIT APPLIATION.
EACH APPLICANT OR PARTNER OR DIRECTOR OF EACH APPLICANT MUST SIGN.
