1. The customer warrants that the persons' signatures appearing on the reverse side of this credit application form are duly authorized by the customer to apply for credit and execute this contract.
2. The customer agrees that it is not entitled to any credit until such notification in writing has been received by the customer from the supplier. Until such notice in writing is received by the customer from the supplier all goods supplied to the customer from the supplier shall be on the basis of cash on delivery.
3. Upon credit facilities being granted by the supplier to the customer then the following terms apply: The customer shall make payment for all goods purchased by it from the supplier within 30 (thirty) days of the date of month end. 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 seven (7) days of the date of demand and the supplier shall be entitled to charge interest at the rate of 15% per annum.
4. "GOODS" shall mean all goods and chattels, and charges for work and labor done, hire charges, fees, service charges, repairs, materials, insurance charges of whatsoever nature, associated with the supply and manufacture, construction, repair of the goods supplied to the customer and all the terms and conditions of this agreement shall relate to any change herein mentioned imposed by the supplier to the customer.
5. All warranties, whether express or implied and whether statutory or otherwise with regard to the goods supplied by the supplier as to QUALITY, fitness for purpose or any other matter, are hereby excluded, except insofar as any such warranties are incapable of exclusion at law.
6. Goods will not be accepted for return and credit after (7) seven days from date of purchase unless authorized in writing. Goods which are accepted for return and credit will be subject to a 20% per centum handling fee. All special orders are non-returnable and non-refundable; No Claims will be recognised unless this office is notified within 7 days of receipt of goods.
7. Title in goods WILL NOT PASS TO THE CUSTOMER UNTIL PAYMENT IN FULL (in cash or cleared funds) of the purchase price and all other outstanding amounts due and payable to the supplier isare received by the supplier. Until title passes to the customer, The customer must hold the products goods and the proceeds of sale of the goods as fiduciary trustee, bailor and agent for the supplier, The supplier will be entitled, at any time to require the customer to deliver the goods to the supplier within 48 hours of any demand. For this purpose the customer grants an unrestricted right and license to enter upon any premises of the customer or any third party where the goods are located and repossess such goods. The supplier will not in any way be liable to the customer or any person, claiming through the customer for any costs, expense, loss or damage resulting from the supplier entering upon such premises and repossessing products goods.
8. The supplier has a retention of title or consignment Security Interest (within the meaning of the Personal Property Securities Act 2009 (Cth) ("PPSA") in all goods and its proceeds (as defined by the PPSA) the supplier delivers to the customer for sale and may have a bailment or lease Security Interest in other property the supplier supplies to the customer. The customer consents to the supplier effecting a registration on the PPSA register in relation to any Security Interest contemplated by these terms (including but not limited to an interest to be perfected as "Purchase Money Security Interest"). The customer agrees to sign all documents and provide all information required to perfect and maintain these Security Interests and the customer agrees to pay or reimburse the supplier for all costs and expenses in relation to registering, maintaining or releasing any Security Interest. The customer must not grant any Security Interest in any item in which the supplier holds such a Security Interest.
The following provisions of the PPS Act do not apply: section 95 (notice of removal of accession);subsection 121 (4) (enforcement of liquid assets); section 125 (obligation to dispose of or retain collateral); section 130 (notice of disposal); paragraph 132(3)(d) (contents of statement of account); subsection 132(4) (statement of account if no disposal); section 135(notice of retention); section 142(redemption of collateral); and section 143 (reinstatement of security agreement).
9. The Directors/Shareholders of the applicant do hereby jointly and severally guarantee payment of the account and to enter into the standard form of guarantee used by the company should such guarantee be required.
10. The signatories to this agreement do hereby jointly and severally guarantee payment of the customer’s account to the supplier. This guarantee will be a continuing guarantee unless notification is made to and acknowledged by the supplier in writing.
11. In the event 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.
12. These terms and conditions shall apply to the exclusion of all other, including any terms and conditions of the customer (whether on the customers order form or otherwise). The customer acknowledges that these terms and conditions embody the whole agreement between the parties and agree to be bound by them. No variations shall be valid and enforceable unless reduced to writing and signed by the supplier and customer.
13. The customer hereby authorized the supplier to perform credit checks and to obtain credit reports in respect of the customer's credit worthiness in accordance with any law in order to assess this application for credit.
14. The customer agrees to notify the supplier in writing of any change of ownership of the customer within (7) days from the date of such change and shall provide the details of such change to the supplier, failing which the customer shall be liable for any goods supplied by the supplier after such change, alteration or addition unless the supplier shall have acknowledged by writing acceptance of the intending change, alteration or addition.
15. Unless otherwise agreed in writing by us, at our sole selection, the Courts of any State or Territory in Australia will have exclusive jurisdiction in relation to all matters whatsoever concerning these terms and conditions. You irrevocably waive any objection to the venue selected by us in relation to any legal proceedings concerning these terms and conditions. The laws of the State or Territory chosen by us for any such legal proceedings will govern these terms and conditions.