(THIS FORM HAS 7 PAGES AND MUST BE COMPLETED IN FULL)
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- Valentine Abner Bailey
- 6 years ago
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1 PRIME INDUSTRIAL PRODUCTS PTY LTD ACN CRAIGIE STREET, PO BOX 5003 BUNBURY WESTERN AUSTRALIA 6230 PHONE: FAX: DAY CREDIT ACCOUNT APPLICATION FORM (THIS FORM HAS 7 PAGES AND MUST BE COMPLETED IN FULL) By completing and signing this Credit Application & Agreement ( Application ), the Applicant described below applies to open a credit account (in the Applicant s name) with Prime Industrial Products Pty Ltd ACN ( Prime ) on the Terms and Conditions in Part B of this Application. Prime may accept the application in writing (including by written notice to the Applicant or by signing this Application) or by its conduct (including by selling, hiring or supplying goods or services to the Applicant on credit on or after the date on which the Applicant signs this Application). By signing this Application, and in consideration for Prime accepting this Application, the Guarantors described below agree to be bound by the Terms and Conditions in Part B of this Application. Applicant s details PART A APPLICATION DETAILS INCOMPLETE APPLICATIONS WILL NOT BE ACCEPTED COMPANY Full Legal Name ABN Trading Name ACN TRUST / TRUSTEE Full Name ABN PARTNERSHIP Full Names of Partners ABN SOLE TRADER Full name of Proprietor D.O.B ABN Business Address: Postal Address: PH: Fax: Accounts Contact: PH: Directors / Partners or Trustee s of the Applicant (must be completed in full) 1 Full Name Address D.O.B PH 2 Full Name Address D.O.B PH 3 Full Name Address D.O.B PH Trade References (Businesses with whom the Applicant is currently trading) 1 Name: Phone: Fax: 2 Name: Phone Fax: 3 Name Phone Fax: Delivery & Invoicing Method Invoicing Option (*Please Tick ONE ONLY) 1 Send Invoice with Goods Delivery address, if different from above? 2 Mail Invoice Address, if different from above? 3 Fax Invoice Fax, If different from above? 4 Invoice/Statements 5 One invoice for Multiple Deliveries (Weekly / Monthly) Estimated Monthly Account Value $
2 2 PART B TERMS AND CONDITIONS 1. Application All goods and services which Prime supplies to the Applicant are supplied on these Terms and Conditions (other than goods and services supplied before the Applicant received a copy of these Terms and Conditions). If the Applicant comprises two or more parties, then all references to the Applicant in these Terms and Conditions apply to those parties jointly and severally. 2. Information supplied and further credit inquiries 2.1 The Applicant represents and warrants to Prime that the information provided in Part A of this Application is true and correct in every detail and acknowledges that Prime may rely upon the accuracy of the information in deciding whether to accept this Application. The Applicant must notify Prime of any material change to the details supplied in Part A of this Application as soon as reasonably possible after the change. 2.2 The Applicant acknowledges that Prime may, pursuant to the Privacy Act 1988 (Cth), use any information provided by the Applicant to assess the Applicant s credit-worthiness. The Applicant further acknowledges and agrees that, at any time during which Prime provides credit to the Applicant, Prime may give to and seek from any trade reference, credit provider or credit reporting agency any information concerning the Applicant s credit-worthiness. This information may include the Applicant s credit file, history, capacity or standing or any other credit information whatsoever. 3. Terms of Credit 3.1 The Applicant hereby acknowledges that it has no right to credit or a credit facility from Prime, that the granting of any credit or credit facility by Prime will be at Prime s absolute discretion, and that any credit or a credit facility that Prime grants to the Applicant is granted on these Terms and Conditions. 3.2 Prime may (at any time and at its absolute discretion) vary the terms and conditions of any credit facility provided to the Applicant or cancel or suspend the credit facility at any time. Any such variation or revocation will take effect from the date of the service on the Applicant of a notice of such variation or revocation. 3.3 Prime may assign and maintain a credit rating to the Applicant based on the Applicant s performance in paying all amounts due on account to Prime. Prime will provide full details of the Applicant s current credit rating on request. 4. Payments, interest and fees 4.1 Prime may charge the Applicant for all goods and services ordered by the Applicant. Prime must calculate the charge in accordance with its current schedule of prices at the time of the order. 4.2 All amounts owed by the Applicant to Prime on credit account are due and payable (without any deduction or set-off whatsoever) within thirty (30) days of the end of the month in which Prime issues to the Applicant an invoice in respect of the account or as otherwise arranged and confirmed in writing by Prime. 4.3 If an amount invoiced is not paid when due Prime shall have the right to withhold the supply of Goods and to cancel all outstanding orders and retain any payments already made. 4.4 If an amount invoiced is not paid when due ( outstanding amount ), then the Applicant must pay to Prime: (a) interest on all monies owing by the Applicant to Prime calculated daily at 12% per annum from the date that the outstanding amount became due until the date when the outstanding amount is paid to Prime in full; and (b) administration fees calculated at the rate of $2.50 per day from the date that the outstanding amount became due until the date when the outstanding amount is paid to Prime in full. The Applicant warrants, agrees, and acknowledges to the Company that the administration fees stated herein are a genuine pre-estimate of the damage and loss suffered by Prime as a result of the failure by the Applicant to pay invoices amounts when due. This clause does not preclude or otherwise limit the rights of Prime to pursue legal recourse in the event of default by the Applicant and the exercise of rights by Prime under this clause is solely at the discretion of Prime. Any delay in exercising these rights shall not be a waiver of such rights. 5. Title and on-sale/on-supply 5.1 It is expressly agreed and declared that the title in all goods supplied by Prime to the Applicant does not pass to the Applicant until all monies due and owing to Prime by the Applicant have been paid to Prime in full (without any deduction or set-off whatsoever). The Applicant will in the meantime hold the goods and retain them as Bailee of Prime, whereby the Applicant must re-deliver any of the goods to Prime on demand.
3 3 5.2 If the Applicant defaults in paying any amount to Prime within 14 days of the amount becoming due and payable by the Applicant to Prime, then the Applicant (irrevocably and to the full extent permitted by law) authorises Prime to (without prior notice) do everything necessary to re-take possession of any goods whose titles remain with Prime (including, without limitation, enter any property at which Prime reasonably believes the equipment to be located). 5.3 The Applicant must not (without Prime s prior written consent which may be conditional) sell or supply any good whose title is held by Prime. However, if the Applicant sells or supplies the goods (whether or not in breach of this clause 5.3), then the following provisions apply: (a) the Applicant holds on trust for Prime all proceeds of the sale or supply (whether tangible or intangible, direct or indirect of any dealing with the good); and (b) the Applicant must keep such proceeds in a separate account until the proceeds are paid to Prime in full. 6. Delivery and risk 6.1 Prime may arrange for the transportation of goods, and insurance of goods transported, to the Applicant. However, the goods will be at the risk of the Applicant immediately upon leaving Prime s warehouse. The Applicant must bear all costs of handling, transport (including customs and other duties if applicable) and insurance. 6.2 Prime will endeavour to fulfil all orders for goods and/or services by the Applicant in a timely fashion BUT Prime will in no event be liable to the Applicant in any way whatsoever in respect of any delay in the supply of any goods or services as a consequence of any cause beyond the reasonable control of Prime. 6.3 Prime may refuse to supply goods or services to, or to accept orders from, the Applicant if any monies due and owing by the Applicant to Prime on any invoices remain outstanding after the due date for payment. 7. Health and safety It is the Applicant's sole responsibility and risk to ensure that all health and safety laws and regulations in relation to goods supplied to the Applicant, are observed at all times after delivery of the goods and that appropriate steps are taken in accordance to such laws and regulations in relation to the storage, handling and use of the goods. The Applicant irrevocably indemnifies Prime against all loss or damage arising out of any breach by the Applicant of the said health and safety laws or regulations. 8. Guarantee and indemnity 8.1 In consideration for Prime accepting this Application, the Guarantors named in Part A of this Application jointly and severally ( Guarantors ) irrevocably guarantee to Prime the due and punctual payment of all amounts, and performance of all obligations, now or hereafter owed by the Applicant to Prime. The Guarantors undertake to, on demand, pay all such amounts, and fulfil all such obligations, as the Applicant has not paid or fulfilled in accordance with its obligations. 8.2 In consideration for Prime accepting this Application, the Guarantors irrevocably indemnify Prime against all loss and damage whatsoever suffered by Prime as a result of the Applicant breaching these Terms and Conditions or breaching any other obligation whatsoever owed to Prime. This indemnity is not be limited or affected in any way whatsoever by the fact that such moneys or obligations cannot be or could never be recovered from or enforced against the Applicant for any reason. 8.3 Prime is not be required or obliged to do any of the following: (a) notify the Guarantors of any default by the Applicant or any of the Guarantors; (b) notify, or obtain any consent from, the Guarantors before increasing or varying (for any reason whatsoever) any amount of money, obligation or liability which the Applicant owes to Prime; 8.4 The guarantee and indemnity in clauses 8.1 and 8.2 of these Terms and Conditions are unlimited and continuing, and will not be prejudiced, abrogated or affected by any of the following: (a) Prime providing any indulgence or concession to, or waiving any breach or default by, the Applicant or any of the Guarantors; (b) any variation in any terms or conditions upon which Prime supplies goods or services, or makes credit available; (c) any payment made to Prime which is thereafter avoided (whether by as a preference or voidable transaction, or for any other reason whatsoever) or which has not, or is deemed not the have been, paid to Prime for any reason whatsoever; (d) the Guarantors not having notice of any neglect or omission by the Applicant to discharge any obligations whatsoever owing to Prime; (e) any absolute or partial release of, or compromise with, the Applicant or any one or more of the Guarantors by PRIME; (f) any composition, compromise, release, discharge, arrangement, abandonment, waiver, variation, relinquishment or renewal of any security or right by Prime;
4 4 (g) any variation of these Terms and Conditions; (h) any assignment of any agreement existing between the Applicant and Prime; (i) (j) any release, failure to sue, any agreement not to sue, any exchange, variation, renewal or modification made or any other dealing, act or omission (whether constituting a waiver, election, estoppel or otherwise) by Prime with respect to any judgment, order for payment of moneys, specialty, instrument (negotiable or otherwise) or other security whatsoever held, recovered, or enforceable by Prime or any obligation or liability whatsoever in respect of all or any of the moneys reserved by these Terms and Conditions for the obligations contained herein; any other act, omission or default on the part of Prime or the happening of any other matter or thing whereby the liability of the Guarantors would, but for this clause, have been discharged, reduced or otherwise affected or any other present or future legal disability of the Applicant or the Guarantors; (k) the death, disability, lunacy, mental incapacity, bankruptcy, liquidation, insolvency, deed of arrangement, assignment or composition for the benefit of creditors, capital reconstruction or the appointment of a receiver and/or manager (whether by the court or under the powers contained in any instrument) or administrator in respect of the Applicant, any of the Guarantors or their respective property; Each of the above circumstances is to be construed separately and independently and so as not to limit the meaning or any other listed circumstances and is not to be limited by the provisions of any other clause in these Terms and Conditions. 8.5 Each and every of the Guarantors must not do as follows: (a) enforce any security held by any one or more of the Guarantors against any of the assets of the Applicant, or claim payment of any moneys owing to any one or more of the Guarantor by any other of the Guarantors or the Applicant, in competition with Prime or any manner which would have the effect of reducing the amount recoverable by Prime of the moneys hereby guaranteed; or (b) prove or claim in any bankruptcy, liquidation, composition arrangement or assignment or in respect of the appointment of any liquidator or trustee until Prime has received one hundred cents in the dollar in respect of the moneys owing by the Applicant to Prime the Guarantor holds on trust for Prime that proof and claim and any dividend received thereon. 8.6 The Guarantors acknowledge that their obligations under these Terms and Conditions are principal obligations co-extensive with those of the Applicant to Prime. 9. Further security for performance To secure the due and punctual payment of all amounts, and performance of all obligations, owed by the Applicant and the Guarantors under or in connection with this Application, the Applicant and the Guarantors hereby grant to Prime a mortgage and charge over all right, title, and interest in all any real and personal property now or later held by any or all of the Applicant and of the Guarantors (jointly and severally). 10. Personal Property Securities Act 2009 (CTH) ( PPSA ) 10.1 (Interpretation) All terms which appear in quotation marks in this clause 10 and which are defined in the PPSA have the same meaning in this clause 10 as they do in the PPSA (Registration) The Applicant must do all things (including provide Prime all details and data) that Prime requires to register a financing statement or a financing change statement under the PPSA with respect to any security interest in favour of Prime which these Terms and Conditions create or provide for ( Security Interest ) (Possession of goods) Notwithstanding any other provision of these Terms and Conditions, the Applicant is not entitled to obtain possession of any goods sold, hired or otherwise to be supplied by Prime until after all Security Interests in the goods are perfected by registration on the register (Application of payments) If the Applicant makes any payment to Prime, Prime may apply the payment to satisfy any obligation of the Applicant (whether the obligation is unsecured, secured by security interest, or secured by purchase money security interest). Prime may (a) apply the payment in any order or manner that it (in its absolute discretion) thinks fit, and (b) amend or re-apply any application made (Exclusions) With respect to each Security Interest and to all collateral the subject of these Terms and Conditions, PPSA sections 95, 121(4), 125, 130, 132(3)(d), 132(4) and 135 of the PPSA are excluded and contracted out of to the extent legally permitted (Waiver of notice) To the extent legally permitted, the Applicant and the Guarantors waive their respective rights to receive, and Prime need not give to the Applicant or to the Guarantors, any notice required under the PPSA (including a notice of a verification statement ) respecting any Security Interest or collateral the subject of these Terms and Conditions. 11. Trust provisions If the Applicant is the trustee of a trust or trusts, the Applicant makes this Application and accepts these Terms and Conditions in its personal capacity and also as trustee of the trust or trusts and the Applicant and the Guarantors jointly and severally covenant with and warrant to Prime that the Applicant has full power to make and execute this Application and perform its obligations under these Terms and Conditions, and further warrant that the assets of the trust or trusts as well as the personal assets of the Applicant and the Guarantors at all times are and will remain available to satisfy the obligations of the Applicant under these Terms and Conditions.
5 5 12. Limitation of liability To the extent permitted by law, Prime s total liability for any and all loss or damage whatsoever suffered by the Applicant in respect of any good supplied by Prime is limited to lowest of the following: (a) the cost of replacing the good or of supplying an equivalent good; (b) the cost of repairing the good; and (c) the cost of having the good repaired or replaced. 13. General provisions 13.1 (Costs) The Applicant is solely responsible for, and indemnifies Prime against, all costs, charges, fees, duties and other expenses whatsoever incurred in connection with this Application on a full indemnity basis (including in respect of the completion, implementation or enforcement of this Application or any securities which these Terms and Conditions create or give rise to) (Changes to these Terms and Conditions) Prime may amend, vary or replace these Terms and Conditions by giving to the Applicant at least 7 days prior written notice of the amendment, variation or replacement (Severability) If a clause or part of a clause in these Terms and Conditions is illegal, unenforceable or invalid, then that clause or part is excluded from these Terms and Conditions without affecting the remainder of these Terms and Conditions (Waiver) Prime does not waive a right, power or remedy arising under or in connection with these Terms and Conditions if Prime fails to exercise or delays in exercising the right, power or remedy. A single or partial exercise by Prime of any such right, power or remedy does not prevent another or further exercise of that right, power or remedy by Prime. Any waiver of any such right, power or remedy by Prime must be in writing and signed by Prime (Inconsistency) Where there is any inconsistency between these Terms and Conditions and any prior or subsequent agreement for the supply of goods or services by Prime, these Terms and Conditions prevail to the extent of any inconsistency (Governing law) The parties agree that the laws of Western Australia apply to this Application and to all dealings between the parties. The parties consent to the non-exclusive jurisdiction of the courts of Western Australia (Warranty) The Applicant warrants, represents, guarantees and acknowledges to the Company that all statements made and documents provided in connection with the Application and all representations that the Applicant has made or may make during the existence and operation of the Account to the Company are true and correct.
6 6 PART C EXECUTION Execution by Applicant Important (read before signing): By making and signing this Application, the Applicant acknowledges, represents and warrants to the other parties (1) that it has read and understood the terms and conditions of this Application, and (2) that the Applicant has sought, or elected not to seek, legal advice before singing this Application. The Applicant further declares that the Applicant applies for credit from Prime wholly or predominantly for business and/or investment purposes consequently the Applicant acknowledges that the Consumer Credit Code does not apply to this Application. (Please initial next to the appropriate box:) Sole Trader I have signed this Credit Application Form in my capacity as an individual and as the Applicant named below. I hereby agree that I am personally bound by the Terms & Conditions contained in this Credit Application Form. Partnership I have signed this Credit Application Form in my capacity as a partner in a partnership, which is named as the Applicant below. I confirm that I am authorised by the partnership to sign this Credit Application Form and to bind the partners jointly and severally to the Terms & Conditions contained in this Credit Application Form. Company I have signed this Credit Application Form in my capacity as a director or officer of the corporate body, which is named as the Applicant below. I confirm that I am authorised and empowered by the corporate body to sign this Credit Application Form and to bind the corporate body to the Terms & Conditions contained in this Credit Application Form. I further confirm that in signing this Credit Application Form as a director or officer of the corporate body, which is named as the Applicant below, I am personally entering into agreement with PRIME to be bound by the Terms & Conditions and I am accepting liability, jointly and severally with the corporate body, as a co-principal debtor of PRIME, for all the liabilities of the corporate body to PRIME under this Credit Application Form, in consideration of the services to be provided to the corporate body by PRIME. APPLICANT MUST SIGNED BELOW TO BE ACCEPTED Signed by the Applicant or for and on behalf of the Applicant by its authority and in accordance with its governing rules (as the case may be): Signed:.. Full name:. Position: Date:. Signed:.. Full name:. Position: Date:. Execution by Guarantors if you choose not to sign the below, credit may be refused or limited. Important (read before signing): Subject to and in consideration for Prime accepting this Application, by signing this Application each of the Guarantors acknowledges, represents and warrants to the other parties (1) that they have read, understood and accepted the Terms and Conditions of Trade set out in Part B of this Application, and (2) that they have sought, or elected not to seek, legal advice before signing this Application. Signed by... ) (full name and title) on... ) (date) in the presence of:.. ). (Guarantor s signature) Witness signature: Witness full name: Witness address: Signed by... ) (full name and title) on... ) (date) in the presence of:... ). (Guarantor s signature) Witness signature: Witness full name: Witness address:
7 7 Execution by Prime Note: Prime may accept this Application in writing or by its conduct. Signed for and on behalf of Prime by its authority and in accordance with its governing rules: Signed:.. Full name:. Position: Date:. OFFICE USE ONLY Trade references checked PPRS Registration lodged: Yes/No. Date lodged By: Application Checked for Accuracy Sole Trader (must have D.O.B and Drivers License Number) Partnership (must have D.O.B and Drivers License Number) Company (must have Company Directors details) Customer File created: Date _/ / by (Account to be on credit hold until PPRS is registered) Credit Limit Set: $
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