In submitting the Credit Application Form, the Customer hereby acknowledges he/she has read, understood and accepts the terms of this agreement and upon acceptance by the Supplier by way of written notice or the supply of goods or services agrees to be bound accordingly.
TERMS OF AGREEMENT
1) The Customer hereby warrants that the information hereto is true and correct and is supplied for the purpose of obtaining credit.
2) The Customer warrants that the persons’ signature appearing on this agreement are duly authorised by the Customer to apply for credit and execute this agreement.
3) The Customer agrees to adhere to the terms and conditions of this Agreement.
4) Notwithstanding any implication of law to the contrary, all contracts between the Customer and Supplier shall be deemed to be made and construed and to be enforceable in and according to the laws of the State of Victoria and by mutual consent to be subject to the jurisdiction of the courts of that State.
5) Any claim for non-delivery or shortage in supply occurring during the course of delivery or any claim for rejects by a Customer must be in writing and given to the manager of the Supplier within 24 hours of delivery.
6) In the event of Supplier granting credit facilities to the Customer then the following terms apply-
- All accounts are to be settled in full within 30 days from the end of the month in which the goods/services are purchased.
- That should the Customer default in the payment of any monies due under this agreement then all monies due to the Supplier shall immediately become due and payable and shall be paid by the Customer within (30) days of the date of demand and the Supplier shall be entitled to charge interest on all amounts not paid by the due date for payment until the date for payment and the Customer undertakes to pay any interest so charged. Such interest shall be calculated on a daily basis from the date due for payment until the date the Supplier receives payment at such rate, up to but not exceeding 2% per month.
- Any expenses, costs or disbursements incurred by the Supplier in recovering any outstanding monies shall be paid by the Customer, including legal fees and debt collection commissions.
- The Supplier shall be entitled without notice to terminate any credit arrangement with the Customer in the event of the Customer defaulting in any of the terms and conditions herein contained.
- The Supplier shall be entitled at any time during the continuancy of this agreement to request such security or additional security as the Supplier shall in its discretion think fit and shall be entitled to withhold supply of any goods or credit arrangements until such security or additional security shall be obtained or for any other reason at the discretion of the Supplier.
7) The Customer hereby acknowledges that the goods supplied by the Supplier shall remain the property of the Supplier until all monies for same is received by the Supplier. In the event of the Customer defaulting in any of the terms of this agreement including the payment of any monies due under this agreement, then the Supplier shall have the right (without giving notice) to retake possession of goods supplied to the Customer by the Supplier and the Customer hereby authorises and allows the Supplier or its representative, servant, agent or employee to enter the premises upon which goods are housed or stored for the purpose of retaking possession of same and the Supplier shall not be liable for any costs, losses, damages, or any other monies or losses suffered by the Customer as a result of the Supplier retaking possession of the goods.
8) These Conditions of Sale shall not exclude, limit, restrict or modify the rights, entitlements and remedies conferred upon the customer or liabilities imposed upon the Supplier by any condition or warranty implied by a Commonwealth, State or Territory Act or Ordinance, rendering void or prohibiting such exclusion, limitation, restriction, or modification.
9) If any if these terms or conditions is or becomes for any reason wholly or partly invalid that term or condition shall to the extent of the invalidity be severed without prejudice to the continuing force and validity of the remaining conditions.
10) In the case of a Trust Company we acknowledge that the Trustee shall be liable on the account and that in addition the assets of the Trust shall be available to meet payment of the account.
11) The Customer shall no later than 14 days prior to any proposed changes of ownership, change in Registered Particulars, alteration, addition to the shareholding or directorship, notify the Supplier of the proposed change and the Customer shall notify the Supplier of any change, alteration or addition to the Customer’s internal structure and shall provide full details of the proposed change, alteration or addition unless the Supplier shall have acknowledged in writing acceptance of the change, alteration or addition.
12) The Customer hereby charges the land upon which the goods are situated or the services conducted and other land owned or in the future acquired by the Customer from time to time and the Customer agrees immediately upon being required by the Supplier to enter into a mortgage to be prepared by the Supplier’s solicitors on the terms and conditions as the Supplier’s solicitor shall think fit to secure any sum due hereunder and the customer further agrees and permits and authorises the Supplier to register a caveat over any land now owned by the customer or in the future acquired by the Customer to secure any sum due hereunder at any time during the continuance of the Agreement.
13) No representative, servant, agent or employee of the Supplier can alter, adjust or delete any of the terms or conditions of this agreement, unless in express written terms by the General Manager of the Supplier.
14) Privacy Act. Acknowledgement that credit information may be given to a credit reporting agency, the Customer understands that section 18E(8)(c) of the Act allows the Supplier to give a reporting agency certain personal information about the Customer. The information that which may be given to an agency is covered by section 18E(1) of the Act that includes: Particulars to identify the Customer, The fact that the Customer has a applied for credit and the amount, The fact that a Supplier is a credit provider to the Customer, Payments which become overdue more than 60 days, Advice payments are no longer overdue, Cheques of $100.00 or more drawn by the Customer which a Bank dishonored more than once, in specific circumstances, that in the opinion of the Supplier the Customer has committed a serious credit infringement, That the credit provided to the Customer by the Supplier has been discharged.
15) Authority for the Supplier to obtain certain certain credit information. To enable the Supplier to assess the Customer application for commercial or personal credit, The Customer authorises the Supplier as follows: if asked to provide commercial credit, to obtain from a credit reporting agency a credit report containing personal credit information about the Customer. This is in accordance with section 18K(1)(b) of the Act. If asked to provide personal credit, to use a credit reporting containing information about the Customer’s commercial activities or commercial credit worthiness from a business which provides information about the commercial creditworthiness of a person. This is in accordance with section 18L(4)of the Act.
16) Authority to exchange information with other credit providers. In accordance with section 18N(1)(b) of the Act, the Customer authorises the Supplier to give and receive from the credit providers named overleaf or that may be named in a credit report issued by a credit reporting agency, information in the supplier’s possession or the other credit provider’s possession about the Customer’s creditworthiness, credit standing, credit history and credit capacity. The Customer understands the information may be used to: (a) Assess an application for credit by Customer, (b) Assist Australian Legal Solutions Pty Ltd in avoiding default on the Customer’s credit obligations, (c) Notify other credit providers of a default by the Customer, (d) Assess Customer’s creditworthiness.
17) Changes to Credit Terms. Keble’s Trading Pty. Ltd. reserves the right to alter any part of these Credit Terms at any time or for any reason, without prior notice.