Supplier Terms and Conditions
1. General acknowledgements
The Applicant acknowledges and agrees that:
if accepted by (SUPPLIER NAME - SUPPLIER ACN) (Supplier), the Terms and Conditions in this agreement, all accepted orders placed by the Applicant, and the guarantee and indemnity (if applicable), will constitute the contract between the Supplier and the Applicant pursuant to which the Supplier makes all supplies of goods and services to the Applicant (Contract);
(b) credit may be reviewed, altered or withdrawn at any time without prior notice from the Supplier at the Supplier's absolute discretion and that the Supplier will have no liability or responsibility for any loss, however arising, incurred by the Applicant due to that review, alteration or withdrawal;
(c) any change in respect to ownership, legal entity, name or address must be notified in writing by the Applicant to the Supplier at least 7 days before that change occurs;
(d) if the account is overdue, the Supplier at its discretion, reserves the right to refer the account to a debt collection agency (and to disclose any information required to be provided to the debt collection agent in order to do so) for collection and the Applicant agrees to be responsible to meet all reasonable costs and commissions in employing the debt collection agent to collect the overdue account;
(e) it grants security interests to the Supplier under the Contract and that the Contract constitutes a ‘security agreement’ pursuant to which all such security interests are granted for the purposes of the Personal Property Securities Act 2009 (Cth).
2. Credit Information
The Applicant, and each individual who signs this application as a director, partner or proprietor (each a Principal) acknowledges and agrees that the Supplier may to the extent permitted by law:
obtain credit eligibility information containing information about the Applicant's, and each Principal's consumer or commercial credit arrangements from a credit reporting body for the purposes of assessing this application or in connection with any attached Guarantee and Indemnity;
(b) give a credit reporting body information to allow the credit reporting body to create and maintain credit reporting information about the Applicant and each Principal;
(c) disclose information about the Applicant and each Principal (including credit eligibility information or any personal information as defined in the Privacy Act 1988 (Cth) (as amended) derived from the credit information, and any information about the Applicant's or a Principal's personal or commercial arrangements to any agent of the Supplier assisting in processing the application and any other provider of credit to the Applicant to the extent that it is contained in credit reporting information from a credit reporting body; and
(d) exchange information about the Applicant and its Principals (including banker’s opinions, credit eligibility information and other information relating to creditworthiness) with other credit providers and any collection agent of the Supplier for purposes including:
assessing the Applicant's application for credit;
(ii) notifying other credit providers of the Applicant's defaults;
(iii) exchanging information about the Applicant's credit status where the Applicant is in default with another credit provider;
(iiii) assessing the Principals' creditworthiness;
(v) seeking to recover any debt; and
(vi) any other purpose authorised by law.
The Applicant warrants and represents that it has the future ability to pay all debts as and when they fall due.
The Supplier collects the personal information requested in or relating this application (including through its contractors and agents) for the purpose of determining whether or not to extend trade credit, to administer the Contract and to communicate with the Applicant and its personnel. The Supplier may disclose such personal information (including to recipients based outside Australia) to its related companies, agents, merchants, contractors (including credit reporting bodies and debt collection agents) for these purposes and such other purposes permitted by law. The Applicant (and each Principal) understands that it (and they) need not give any of the personal information requested in this application. However, without this information the Supplier may not be able to process this application or provide the Applicant with an appropriate level of service or extend trade credit to the Applicant. The Applicant and each Principal have the right to request that credit reporting bodies do not use or disclose credit reporting information for the purposes of pre-screening or direct marketing by credit providers. If the Applicant or any Principal has been or is likely to be a victim of fraud, it can ask a credit reporting body not to disclose credit reporting information about it.
how to seek access to personal information the Supplier holds and seek the correction of such information; and
(b) how to complain about a privacy breach or a credit reporting complaint and how the Supplier will deal with those complaints.
By signing this application, the Applicant:
(c) confirms that it has obtained the authorisation of each of the Applicant (if they are an individual) and all individuals connected with the Applicant whose personal information may be handled in respect of this application and any resultant credit provided (including directors, officers and representatives) (Affected Individuals) for the Supplier to collect, maintain, use and disclose each Affected Individual's personal information in accordance with the Privacy Act 1988 (Cth) and the terms of this clause 3;
(d) authorises the Supplier to collect, maintain, use and disclose the personal information of Affected Individuals in accordance with the Privacy Act 1988 (Cth) and the terms of this clause 3; and
(e) agrees that information about transactions under the Contract may be used by the Supplier or its subsidiaries in a de-identified manner for marketing and other commercial purposes.
4. Guarantee and Indemnity
Where the Applicant is a company, the Directors (hereafter Guarantors) of the Applicant agree:
to be jointly and severally liable for all indebtedness of the Applicant to the Supplier, in consideration of the Supplier supplying goods and services on credit to the Applicant;
(b) that the Supplier may exercise its rights under the guarantee in this clause 4 at any time;
(c) the Guarantors will pay any amount owing to the Supplier by the Applicant within 3 days of receipt or delivery of a written demand to the last known address of the Guarantors from the Supplier;
(d) the Supplier is not required to have exercised or exhausted its legal rights against the Applicant prior to making a demand under this Guarantee;
(e) the liability of Guarantors will continue despite the Supplier entering into any sort of arrangement with the Applicant;
(f) the guarantee under this clause 4, will continue despite the death of one or all of the Guarantors and may be enforced against a Guarantor's heirs and executors; and
(g) the provisions of the guarantee under this clause 4 will continue to apply despite any concession or indulgence granted by the Supplier to the Applicant.
5. Acceptance and Acknowledgement
The Applicant acknowledges and agrees that:
the Applicant is not aware of any information, notice, or court proceedings that may lead to an Insolvency Event as defined in the Laundry Agreement;
(b) none of the Principals have been a director of a company which has experienced an Insolvency Event or have personally been declared bankrupt or entered into an arrangement under the Bankruptcy Act 1966 (Cth) (as amended);
(c) the Applicant has read and understood the information provided within this application and the Applicant agrees to be bound by the Contract;
(d) all information in this application is true and correct in every detail and, if credit is given, it will be provided in reliance upon the information supplied in this application; and
(e) the Applicant has received and agreed to the Terms of Credit and the Laundry Agreement.