CREDIT ACCOUNT APPLICATION
TWW Brookvale Pty Ltd
To Be Completed By Applicants -Please complete all sections and read the Terms and Conditions of Trade overleaf.
I certify that the above information is true and correct and that I am authorised to make this application for credit. I have read and understand the TERMS AND CONDITIONS OF TRADE (overleaf or attached) of TWW Brookvale P/L which form part of, and are intended to be read in conjunction with this Credit Account Application and agree to be bound by these conditions. I authorise the use of my personal information as detailed in the Privacy Act clause therein. I agree that if I am a director or a shareholder of the Buyer I shall be personally liable for the performance of the Buyer’s obligations under this contract.
General Terms and Conditions of Trade
TWW Brookvale Pty Ltd
The Goods (including any embroidery or screen printing) shall be as described on any invoices,
quotation or any other forms which are provided by the Seller to the Buyer.
2 Price and Payment
The Price shall be as indicated on invoices provided by the Seller to the Buyer in respect of the Goods supplied.
Time for payment for the Goods shall be of the essence. Payment will be due 30 days from the end of the month of the date of the invoice ie End of Month plus 30 days.
The Price shall be increased by the amount of any GST and other taxes which may be applicable, except to the extent that such taxes are expressly included in any quotation given by the Seller.
3 Default & Consequences of Default
Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at the Seller’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
If the Buyer defaults in payment of any invoice when due, the Buyer shall indemnify the Seller from and against all costs and disbursements incurred by the Seller in pursuing the debt including legal costs on a solicitor and own client basis and the Seller’s collection agency costs.
It is the intention of the Seller and agreed by the Buyer that ownership of the Goods shall not pass until:
(a) the Buyer has paid all amounts owing for the particular Goods,
(b) the Buyer has met all other obligations due by the Buyer to the Seller in respect of all contracts between the Seller and the Buyer;
5 Privacy Act 1988
The Buyer agrees for the Seller to obtain from a credit-reporting agency a credit report containing personal credit information about the Buyer in relation to credit provided by the Seller.
The Buyer agrees that the Seller may exchange information about Buyer with those credit providers named in a consumer credit report issued by a reporting agency for the following purposes:
(a) to assess an application by 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 this credit account, where the Buyer is in default with other credit providers;
(d) to assess the credit worthiness of Buyer.
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).
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 Seller or required by law from time to time:
(a) provision of Goods or Services;
(b) analysing, verifying, checking the Buyer’s credit or payment status in relation to the provision of Goods or Services;
(c) managing the daily operation of Buyer’s account and/or the collection of amounts outstanding in the Buyer’s account in relation to the Goods or Services.
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 create or maintain a credit information file containing information about the Buyer.
In the case of court action to resolve a dispute between the Buyer and Seller it shall be in the closest court to the Seller or at the Sellers choice.