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TRADE APPLICATION FOR CREDIT FACILITIES R.L. BULLER & SON PTY. LTD.(Administrators Appointed)
A.B.N. 89 004 348 207
The Applicant for credit acknowledges that the following terms of sale apply to all credit transactions conducted with R.L. Buller & Son Pty. Ltd. (Administrators Appointed)in addition to any terms and conditions of sale endorsed on sales invoices.
1. RETENTION OF TITLE:
(a) Title and property in the goods delivered by R.L. Buller & Son Pty. Ltd. to the Buyer shall not
pass to the Buyer until payment in full for the goods has been received by R. L. Buller & Son Pty. Ltd. (Administrators Appointed)Until such payment has been received by R.L. Buller & Son Pty. Ltd. (Administrators Appointed)the Buyer shall store the goods so that they are clearly identified as the property of R.L. Buller & Son Pty. Ltd.(Administrators Appointed)
(b) The Buyer may sell and deliver such goods to a third party in the ordinary course of business on the condition that the Buyer assigns to R.L. Buller & Son Pty. Ltd. (Administrators Appointed)its rights in respect of the sale price thereof.
(c) If payment in full for all R.L. Buller & Son Pty. Ltd. (Administrators Appointed)stock is not received by R.L. Buller & Son Pty. Ltd. (Administrators Appointed)or if the Buyer should become bankrupt or have a Receiver or Liquidator appointed then R.L. Buller & Son Pty. Ltd. (Administrators Appointed)and/or its servants and agents shall be entitled to enter any premises of the Buyer and to remove the goods delivered under any invoice or pursuant to this credit application and any other goods which have previously been delivered by R.L. Buller & Son Pty. Ltd.(Administrators Appointed) and the amount due to R.L. Buller & Son Pty. Ltd. (Administrators Appointed)shall be reduced accordingly (apart from the costs of such removal which shall be due and pay- able by the Buyer).
(d) The provisions of this clause are severable.
2. GUARANTEE:
(a) In consideration of R.L. Buller & Son Pty. Ltd. (Administrators Appointed) granting to the Applicant credit facilities, the Directors of the Applicant Company and if more than one jointly and severally agree with R.L. Buller & Son Pty. Ltd.(Administrators Appointed) that if at any time default shall be made in payment of any monies payable by the Applicant to R. L. Buller & Son Pty. Ltd. (Administrators Appointed)under a credit sale or in the performance or observance of any term or condition of a credit invoice to be performed or observed by the Applicant as purchaser of goods from R.L. Buller & Son Pty. Ltd. (Administrators Appointed)The Guarantors shall on demand by R.L. Buller & Son Pty. Ltd. (Administrators Appointed) pay to R.L. Buller & Son Pty. Ltd. (Administrators Appointed) the whole of such monies which shall then be due and payable to R.L. Buller & Son Pty. Ltd. (Administrators Appointed) and will keep R. L. Buller & Son Pty. Ltd.(Administrators Appointed) indemnified against all loss of purchase money interest and other monies payable under the credit sale and all losses, costs, charges and expenses which R.L. Buller & Son Pty. Ltd. (Administrators Appointed)may incur by reason of any default on the part of the Applicant herein.
(b) This Guarantee shall be a continuing Guarantee and will not be released by any neglect or forbearance on the part of R.L. Buller & Son Pty. Ltd. in enforcing payment of any of the monies payable under a credit sale agreement or by time being given to the Applicant for any such payment which but for this provision may have the effect of releasing the Guarantor.
Signature will be required
2Terms and Conditions of Trade—R L Buller and Son (Administrators Appointed)
1) Payable—All purchases made shall be due and payable 30 days from date of invoice.
2) Claims -In order to recognise a claim for damage or loss during transport R L Buller and Son (Administrators Appointed) must be notified at the time of delivery . Claims of any other nature will not be recognised unless made within 24 hours of delivery.
3) Change of Ownership— The Customer agrees to notify R L Buller and Son (Administrators Appointed) within 7 days of such change, and indemnifies R L Buller and Son against any loss or damage incurred by it as a result of the Customer’s failure to notify R L Buller and Son.
4) Overdue Accounts - Accounts that are not paid within the terms ( see above number 1) R L Buller and Son (Administrators Appointed) may initiate the following -
(A) Suspend all activity in regards to the supply of goods and
(B) Charge interest at two percent (2%) per month from the due date until the date of payment . Should the Company have to use the service of a collection agency or seek legal representation then R L Buller and Son (Administrators Appointed) reserves the right to pass the costs onto the Account Holder.
General
Irrespective of any terms and conditions in the Customers order form , or irrespective of the Customer not reading the Terms and Conditions , acceptance (by retaining goods or any other method) of the goods ordered by the Customer will be conclusive acceptance of the terms and conditions of sale herein.
