74 NORTHGATE DRIVE THOMASTOWN 3074 Phone: Fax: Postcode: Postcode:
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1 74 NORTHGATE DRIVE THOMASTOWN 3074 Phone: Application for 30 days Credit Applicant: Company/Business Trading as: (Hereinafter referred to as the Customer ) Delivery Postal Business Financial Details: Business Premises: (Tick whichever applicable) Owned [ ] Leased [ ] Mortgaged [ ] Estimated Monthly Purchases: $. Contact:... Credit Limit: $... Bank Branch Years Trading OTHER PARTICULARS Type of Company/Business: Public Company [ ] A.B.N:.. (Tick whichever applicable) Private Company [ ] Partnership/Sole Trader [ ] Nature of Business:..... Date of Incorporation/Commencement:.. FULL NAMES OF DIRECTORS/PARTNERS/PROPRIETORS Name Address Telephone D.O.B D/LIC. No. 2.. D.O.B.. D/LIC. No: TRADE REFERENCES Please supply at least three current trade references Name Address Telephone
2 TRADING TERMS UNLESS OTHERWISE SPECIFICALLY AGREED IN WRITING ALL ORDERS PLACED WITH SELECT FOODSERVICE PTY LTD FOR SUPPLY OF GOODS OR PROVISIONS OF SERVICES WILL BE ACCEPTED ONLY ON THE FOLLOWING TERMS AND CONDITIONS. 1. TERMS Payment terms are strictly.from date of statement/invoice. Select Foodservice P/L reserves the right to charge overdue Interest at the rate of 2.5% per month on all outstanding monies outside Select Foodservice P/L agreed trading terms. 2. SUSPEND SUPPLY Select Foodservice P/L will reserve the right at all times to suspend the supply of further goods or services on credit to the Customer without having to give reasons for its action to the Customer or its agent, and demand full settlement of all transactions forthwith. 3. DEFAULT If the Customer defaults in payment, commits an act of bankruptcy or, being an incorporated company, passes a resolution for winding up, except for the purpose of reconstruction, or a court makes an order to that effect or a receiver is appointed to manage the affairs of the company, Select Foodservice P/L reserves the right to seek reimbursement from the Customer, for the recovery of all associated costs deemed reasonable. 4. RISK & PROPERTY a. The risk in the goods supplied by Select Foodservice P/L to the Customer shall pass to the Customer on delivery. b. Property (Title) in these goods does not pass to the Customer until the Customer has paid for the goods in full to Select Foodservice P/L c. Select Foodservice P/L 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 Select Foodservice P/L shall have the right (without giving notice) to retake possession of any Select Foodservice P/L goods supplied to the Customer and the Customer hereby authorises and allows Select Foodservice P/L or its representative, servant, agent or employee to enter the premises upon which the goods are housed or stored for the purpose of retaking possession of same and Select Foodservice P/L shall not be liable for any costs, losses, damages, or any other monies or losses suffered by the Customer as a result of Select Foodservice P/L retaking possession of the goods. 5. CLAIMS a. Any claims to be made by the Customer arising out of the supply of goods or services must be made in writing within 7 days after discovery by the Customer of the cause giving rise to the claim. b. Select Foodservice P/L shall have the right at any time within 30 days after receipt of the claim or complaint to inspect the goods complained of. If the Customer disposes of such goods or any part thereof within the 30 day period, except with the written consent of Select Foodservice P/L all claims in respect of the goods so disposed of shall be deemed to have been waived by the Customer. 6. NOTIFICATION OF CHANGE The Customer shall no later than 14 days prior to any proposed changes in ownership, change in Registered Particulars, alteration, addition to the shareholding or directorship, notify Select Foodservice P/L in writing of the proposed change and the Customer shall notify Select Foodservice P/L of any change, alteration or addition to the Customers internal structure and shall provide full details of the proposed change, alteration or addition, to Select Foodservice P/L and the customer shall be liable for any goods supplied by the supplier after such change, alteration or addition unless Select Foodservice P/L have acknowledged written acceptance of the intending change, alteration or addition. 7. MISCELLANEOUS a. A statement of account will be issued to credit customers at monthly intervals, but where for any reason the statement is not available, the payment terms will be..from the first business day in the preceding calendar month. b. All orders under $ will incur a $ service charge. c. The minimum value of orders accepted by Select Foodservice P/L will be $.. d. No responsibility will be taken for goods forwarded by passenger rail or by nominated companies. e. No responsibility will be taken for goods delivered to any address other than indicated on the Application for Credit. If alternative delivery is required, any signature given at the alternative address must be accepted as proof of delivery f. These or any of these conditions of sale can only be varied by agreement in writing by Select Foodservice P/L. g. Dishonoured cheques will incur the following charges: Present Again cheques $25.00 Refer to Drawer Cheques $30.00 I/WE THE UNDERSIGNED HEREBY APPLY TO ESTABLISH TRADING WITH SELECT FOODSERVICE PTY LTD, AND AGREE TO ABIDE BY THE TRADING TERMS LISTED ON THIS APPLICATION. THE INFORMATION ABOVE IS TRUE AND CORRECT IN ALL DETAILS. I/WE HEREBY AUTHORISE SELECT FOODSERVICE PTY LTD TO CONTACT THE BUSINESS REFERENCES FOR CREDIT INFORMATION AND ACKNOWLEDGE THAT I/WE HAVE READ AND UNDERSTOOD THE NOTICE OF DISCLOSURE. I CONFIRM THAT I AM AUTHORISED TO SIGN THIS APPLICATION ON BEHALF OF THE APPLICANT Position: Signature of Application: Date:
3 GUARANTEE IF THE BUSINESS IS OWNED BY A COMPANY, DIRECTORS ARE REQUIRED TO COMPLETE THE FOLLOWING GUARANTEE. IN CONSIDERATION OF SELECT FOODSERVICE PTY LTD granting credit To ACN# Of. (Hereinafter called the Customer) We the Directors Of. (Hereinafter called the Guarantors) Hereby unconditionally and irrevocably guarantee to Select Foodservice P/L payment of any amount which hereinafter becomes due or owing by said Customer to Select Foodservice P/L. It is hereby agreed: 1. THAT this Guarantee shall be a continuing Guarantee and shall not be determined by the death or discharge of the Guarantors. 2. THAT all compositions and payments received by Select Foodservice P/L shall be taken as payments in gross and the Guarantor s right to be subrogated in respect thereof shall not arise until Select Foodservice P/L shall have received the full amount of the Customer s indebtedness to it. 3. THAT no time or other indulgence, composition or arrangement granted to the Customer shall in any way affect the liability of the Guarantors and as between Select Foodservice P/L and as the Guarantors no cheque bill of exchange or promissory note received by Select Foodservice P/L in respect of the Customer s indebtedness to it shall be regarded as satisfaction of the obligation in respect of which it is given unless and until the same shall have been met. Dated at this day of 20 Directors Signature Witness Signature
4 Name : NOTICE OF DISCLOSURE OF YOUR INFORMATION TO A CREDIT REPORTING AGENCY Assessment of trade insurance: I/We agree that a Trade Insurer may obtain my/our credit report a credit reporting agency to assess the provision of insurance to Select Foodservice P/L in relation to my/our application for commercial credit with Select Foodservice P/L or to assess the risk of me/us defaulting on commercial credit in respect of which the Trade Insurer has provided to Select Foodservice P/L (section 18K(1) (c)). Privacy Act. Acknowledgment that credit information may be given to a credit reporting agency: I/We acknowledge that Select Foodservice P/L has informed me/us in accordance with section 18E(8)(c) of the Privacy Act 1988 ( the Act ) that items of personal information about me/us contained in this application or which may be subsequently obtained by Select Foodservice P/L may be disclosed to a credit reporting agency. This information includes, among other things, particulars as to my/our identity, the fact that an application for credit was made and the amount of credit sought, details of current providers of credit and details of any credit at least 60 days overdue, discharges, cheques twice dishonoured and serious credit infringements. Authority for the Supplier to obtain certain credit information: To enable Select Foodservice P/L to assess the Customer application for commercial or personal credit, the Customer authorises Select Foodservice P/L as follows. If asked to provide commercial credit, in accordance with 18K(1)(b) of the Act, to obtain from a credit reporting agency a credit report containing person credit information about the Customer. If asked to provide personal credit, in accordance with section 18L(4) of the Act, 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. Authority to exchange information with other credit providers: In accordance with Section 18N(1)(b) of the Act, the Customer authorises Select Foodservice P/L to receive from the Trade References named herein and to give to credit providers that may be named in a credit report issued by a credit reporting agency, information in Select Foodservice P/L 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 Select Foodservice P/L in avoiding default on the Customer s credit obligations, (c) Notify other providers of default by the Customer, (d) Assess Customer s creditworthiness. Signature of Applicant: Date:
5 OFFICE USE ONLY ADMINISTRATION USE ONLY RECOMMENDED CREDIT LIMIT: $ TERMS: NEW ACCOUNT NO: TERMS: LIMIT: SALES REPRESENTATIVE APPROVED: SIGNATURE: STATE/SALES MANAGER:
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