APPLICATION FOR CREDIT ACCOUNT

Transcription

1 AustMix Australia Pty Ltd PO Box 314 Stones Corner Qld 4120 Phone: APPLICATION FOR CREDIT ACCOUNT SECTION 1 Complete Sections 1, 2, 3, 5 and 6. OFFICE USE ONLY DATE: APPROVED: YES NO CUSTOMER NO: REF. NO: This Account Application is to be used for Sole Trader s, Partnership s, Company s and Trust s. Business Name: ABN: ACN: (If Company) Address of Business Premises: Suburb: State: Office Mobile: Previous Address (if less than 12 months ): Postal Address: Suburb: State: Business Structure: Sole Trader Partnership Company Trust (Tick) Registered Office Address: Year Commenced Business: Gross Monthly Income: Under $500K $500k to $1M $1M to $5M Over $5M (Tick) Number of Employees: Name of person in charge of Accounts Payable: 1

2 Please give details of Proprietors, Partners or Directors: 1. Name: Date of Birth: Licence No: 2. Name: Date of Birth: Licence No: 3. Name: Date of Birth: Licence No: 4. Name: Date of Birth: Licence No: Have any Proprietors, Partners or Directors ever had any Judgement or been the subject of any declaration of bankruptcy or deed of arrangement, assignment or composition under Part 10 of the Bankruptcy Act 1966? Yes No (Tick) SECTION 3 Please list Trade References below: Trade References: Name: Address: Name: Address: Name: Address: Date Account required to commence: Amount of Credit required: $ Credit Terms required for this applications: 7 Day Account 14 Day Account 30 Day Account Name of persons authorised to place orders: Are order numbers required? Yes No (Tick) 2

3 SECTION 4 Notice and Acknowledgement that Credit information may be given to a credit reporting agency. The Applicant understands that Section 18E(8)(c) of the Privacy Act allows the Credit Provider to give a credit reporting agency certain personal information about the Applicant which the Applicant authorises the Credit Provider to do. The information which may be given to an agency is covered by Section 18E(1) of the Act and includes: Such permitted particulars about the Applicant to be identified The fact that the Applicant has applied for credit and the amount The fact that the Credit Providers are a credit provider to the Applicant Payments which become overdue more than 60 days and for which collection action has commenced Advice that payments are no longer overdue Cheques drawn by the Applicant which have been dishonoured more than once In specified circumstances, that in the Credit Providers opinion the Applicant has committed a serious credit infringement That the Credit Provider provided to the Applicant has been discharged Authority to obtain certain information The Applicant authorises you and any agent of the Credit Provider that is deemed to be a credit provider pursuant to Section 11 B5(5) of the Privacy Act. To obtain from a credit reporting agency a credit report containing personal information about the Applicant to assess the Applicants application for credit. To obtain from a credit reporting agency a credit report containing personal information about the Applicant for commercial credit. This is in accordance with Section 1 8K(1)(b) of the Privacy Act. To obtain a report containing information about the Applicants commercial activities or commercial credit worthiness from a business which provides information about the commercial credit worthiness of a person for the purpose of assessing the Applicants application for credit. This is in accordance with Section 18L(4) of the Privacy Act. To obtain a credit report from a credit reporting agency to assess whether to authorise a large purchase of goods or services or one outside the Applicants normal practices, that the Applicant intends to make by credit card or electronic transfer. To obtain a report from a credit reporting agency and other information relating to the Applicants commercial credit activities. To obtain from a credit reporting agency a credit report containing personal information about the Applicant for the purpose of the collection of overdue payments in respect of commercial credit which the Credit Provider has provided to the Applicant. This is in accordance to Section 18K(1)(h)(i) of the Privacy Act. Authority to Exchange Information with other Credit Providers In accordance with Section 18N(1)(b) of the Privacy Act, the Applicant authorises the Credit Provider to give to and obtain from: Credit providers named in the Applicants credit application. Any agent of the Credit Provider that is deemed to be a Credit Provider pursuant to Section 11B(5) of the Privacy Act. Any Credit Provider that may be named in a personal or commercial credit report issued by a credit reporting agency or a commercial reporting agency respectively - information about the Applicants personal or commercial credit arrangements. The Applicant understands this information can include any information about the Applicants credit worthiness, credit standing, credit history or credit capacity that Credit Providers are allowed to give or receive from each other under the Privacy Act,

4 The Applicant understands the information may be given and used for purposes that include the following: To assess an application by the Applicant for personal or commercial credit To assist the Applicant to avoid defaulting in the Applicants credit obligations To notify other credit providers of a default by the Applicant To assess the Applicants credit worthiness; and To assess the Applicants position if the Applicant falls into arrears. The Applicants acknowledge that each of the above authorities and consents remain in force until the Applicants credit account with the above mentioned facility is at an end. In this section any reference to credit includes a reference to personal and commercial credit. Any reference to the Applicant where the Applicant is a Company or Partnership includes a reference to the Directors and/or Secretary of that Company and the partners of that Partnership. SECTION 5 CREDIT TERMS I/We acknowledge and agree that: In the absence of any other written agreement the credit terms of the facility applied for and in the amount and payment and terms set out in Sections 4 - E & F and I/we agree that if granted a credit account all products purchased will be paid for within those agreed terms. The Credit Provider may at any time and without notice suspend, cancel or reduce the amount of credit without assigning any reason for so doing and the Applicant for credit shall have no course of action against the Credit Provider arising out of each such suspension, cancellation or reduction. In respect of all legal proceedings instituted by the Credit Provider for the recovery of any money or monies due by the Applicant or any Director of the Applicant that I/we and the Credit Provider will submit to the non-exclusive jurisdiction of the Courts of Queensland situated at Brisbane. Where possession of goods is to be transferred to the applicant it is EXPRESSLY understood that these goods remain the property of the credit provider until paid in full. Should the Applicant default in payment, interest shall be charged at the current bank overdraft rate per month and shall apply until the outstanding balance is paid in full. Any expenses, costs or other disbursements incurred by the Credit Provider in recovering outstanding monies shall be paid by the applicant. This agreement and any contract for the supply of goods and/or services to the Applicant shall be deemed to have been made in the district of the Credit Provider. I/WE DECLARE THE INFORMATION PROVIDED IN SECTIONS 1 TO 6 IS TRUE AND CORRECT. I/WE HAVE READ SECTION 5 OF THIS FORM RELATING TO THE PRIVACY ACT AND NOTE THE CREDIT TERMS AS SET OUT ON THIS PAGE OF THE APPLICATION. WHERE THE APPLICANT FOR CREDIT IS A CORPORATION ALL DIRECTORS NAMED IN THE CREDIT APPLICATION ARE REQUIRED TO SIGN: (First Director) or individual (Second Director) or individual (Third Director) or individual (Fourth Director) or individual 4

5 SECTION 6 GUARANTEE In consideration of the Credit Provider agreeing at the Guarantors request for the Credit Providers to supply (either now or at some future time) or to continue to supply or to cause to be supplied at your cost to the person identified below as the Applicant goods and services on credit, the person identified below as the Guarantor HEREBY GUARANTEES the due payment by the Applicant of all monies now due and owing or hereafter becoming due and owing by the Applicant on any account whatever (including on account of goods sold and services supplied and work done) to the Credit Provider and the Guarantor agree: (a) That this Guarantee is a continuing guarantee and if the Guarantor is a person shall bind the estate of the Guarantor. (b) That if the Applicant is a corporation, the Guarantor will not while any monies are owing to the Credit Provider by the Applicant claim or receive the benefit of any dividend or payment in a winding up of the Applicant and will not prove or claim in winding up of the Applicant nor in any scheme of arrangement relating to the Applicant in competition with the Credit Provider so as to diminish any dividend or payment which but for such proof or claim the Credit Provider would be entitled to receive and that the receipt of any payment by the Credit Provider of a winding up of the Applicant or any scheme of arrangement relating to the Applicant shall not affect the right to recover from the Guarantor under this Guarantee. (c) That if the Applicant is a natural person the Guarantor will not while any monies are owing to the Credit Provider by the Applicant claim or receive the benefit of any dividend or payment under a bankruptcy of the Applicant nor in any arrangement with creditors relating to the Applicant in competition with the Credit Provider so as to diminish any dividend or payment which but not for such proof or claim the Credit Provider would be entitled to receive and that the receipt of any payment by you under a bankruptcy of the Applicant or under any arrangement with creditors relating to the Applicant shall not effect the Credit Providers right to recover from the Guarantor under this Guarantee. (d) That if the Applicant is a corporation this guarantee shall not be affected, revoked or discharged by the winding up of the Applicant. (e) That no security or payment which may be Avoided under any law relating to bankruptcy or to the liquidation of companies and no release settlement or discharge which may have been given or made on the faith of any such security or payment shall prejudice or affect the Credit Providers right to recover under this guarantee from the Guarantor and to enforce this guarantee and in the event of any such security or payment being Avoided the Credit Provider shall be restored to the rights which but for any such Avoidance the Credit Provider would otherwise have had. (f) That any sum of money which may not be recoverable by the Credit Provider by the Applicant on the footing of the guarantee whether by reason of any legal limitation disability or incapacity on or of the Applicant or any circumstance shall never the less be recoverable from the Guarantor as principal debtor in respect thereof and shall be paid to the Credit Provider by the Guarantor on demand. (g) That the liability of the Guarantor under the guarantee shall not be impaired or discharged by reason of any time or other indulgence granted by the Credit Provider to the Applicant or by any arrangement entered into whereby the Credit Providers rights are in any way modified or abrogated and that no notice of the granting or any time or indulgence or of the entering into of any arrangement need to be given to the Guarantor. (h) That any notice or demand to be made by the Credit Provider upon the Guarantor shall be deemed to be duly made and given if the same is in writing by the credit manager or any person authorised by the Credit Provider and is left in an envelope addressed to the Guarantor at the address of the Guarantor shown below or posted to the Guarantor at that address. (i) A certificate signed by the Credit Provider or any person authorised by the Credit Provider stating the balance of the monies due to the Credit Provider by the Applicant shall be conclusive evidence of the indebtedness of the Applicant to the Credit Provider at the date of the certificate. (j) If more than one person is the Guarantor then the liability of those persons under this guarantee is a joint and several liability and every reference to the Guarantor shall apply to an bind each of the persons. (k) In this Guarantee unless a contrary intention appears from the context, a reference to a person includes a reference (l) to a corporation and the singular number includes a plural. The Guarantor agrees to any Credit Reporting Agency giving to the Credit Provider a credit report requested by the Credit Provider for the purpose of assessing whether to accept the Guarantor as Guarantor in respect of credit applied for or already provided to the Applicant. (m) To secure payment of all monies which may become payable by the Guarantor to the Credit Provider under this guarantee, the Guarantor hereby charges with the due payment of those monies all of the Guarantors interest in real property both present and future and the Guarantor consents to the Credit Provider lodging a caveats noting it s interest hereunder. 5

6 Signature Page: Dated this: Day of: 2018 Name of First Guarantor: Signature of First Guarantor: Name of Second Guarantor: Signature of Second Guarantor: Name of Third Guarantor: Signature of Third Guarantor: Name of Fourth Guarantor: Signature of Fourth Guarantor: Signature of Guarantor to be witnessed by a person over the age of 18 years 6