 TERMS
OF TRADING AGREEMENT
THE AGREEMENT
1. The Customer hereby warrants that the information comprised
in the First Schedule hereto is true accurate and correct and is
supplied for the purpose of obtaining credit.
2. The Customer warrants that the persons7 signatures appearing
on Uses Agreement are duty 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. Jurisdiction
Notwithstanding any implication of law to the contrary, all contracts
between the Customer and the 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. Claims
Any claim for nondelivery, shortage in supply or damage 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 the Supplier granting credit facilities to the
Customer then the following terms apply-
(i) All accounts are to be settled in full within 30 days from
end of month in which goods/services are purchased.
(ii) That should the Customer default in the payment of any monies
due under this Agreement then all monies due to the Suppler shall
immediately become due and payable and shall be, paid by the Customer
within seven (7) days of the date of demand and the Suppler shall
be entitled to charge interest on all amounts not paid by the due
date for payment and the Customer
undertakes to pay any interest so charged. Such interest shall
be calculated on a daily basis from the due date for payment until
the
date the Supplier receives payment at such rate, up to but not
exceeding 2% per month.
(iii) Any expenses, costs of disbursements incurred by the Supplier
in recovering any outstanding monies shall be paid by
the Customer.
(iv) The Supplier shall be entitled without notice to terminate
any credit arrangement with the Customer in the went of the
Customer defaulting in any of the terms and conditions herein contained.
(v) The Supplier shall be entitled at any stage 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 Suppliers discretion.
7. The Customer hereby acknowledges that the goods supplied by
the Supplier shall remain the- property of the Supplier until the
Supplier receives payment for same. The Supplier hereby agrees
to allow the Customer to deal, sell or trade with the goods in
the
normal course of business and for the Customer to retain the sale
proceeds of such sale or dealing provided that the Customer
adheres to the terms and conditions of this Agreement. 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 the goods suppled to the Customer
by the Supplier and the Customer hereby authorises and allows
the Suppler or its representative, servant, agent or employee to
enter gm premises upon which the goods are housed or stored for
the purposes 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 the 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,
imitation, restriction, or modification.
9. If any of these terms or conditions is or becomes for any reason
wholly or partly invalid that term or condition shall to the extent
of ft invalidly 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. Change of ownership - Registered Particulars - 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 Suppler of any change, alteration
or addition to the Customer's internal structure and shall provide
full details of the proposed change, alteration or addition, to the
Supplier and 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.
12. The Customer hereby charges the land upon which the goods are
situated or the work carded out 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 Suppliers 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 suppler 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. 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 credit
reporting agency certain personal information about the Customer.
The information which my be given to an agency is covered by section
18E(1) of the Act and includes: Particulars to identify the
Customer, The fact that the Customer has applied for credit and
the amount. The fact that the Supplier is a credit provider to
the
Customer, Payments which become overdue more than 60 days, Advice
that payments are no longer overdue, Cheques of $100 or
more drawn by the Customer which a Bank has dishonoured more than
once, In specified 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-
14. Authority for the Supplier to obtain 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 report containing information about the Customer's
commercial activities or commercial creditworthiness from a business
which provides information about the commercial
creditworthiness of a person. This is in accordance with section
18L(4) of the Act-
15. 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 to 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 suppliers 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 the Customer,
(b) Assist the
Supplier 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.
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