Terms and Conditions
A reference to “the Supplier” refers to any Bulbeck business entities. The Customer acknowledges that a separate Application is required to each Supplier, prior to the granting of a Commercial Credit Account with that Supplier. Such Account is only effective on receipt of a written approval from the nominated supplier that the account has been granted. Please read the undermentioned terms carefully. If you do not understand these terms of trade you should seek legal advice.
1. The agreed trading terms are 30 days, that is payment is due 30 days from date of Invoice.
2. The Customer hereby agrees & acknowledges that at the absolute discretion of the Supplier, an account keeping fee of 2% per month will be levied on any or all amounts in default of the agreed trading terms.
3. The Customer further agrees to indemnify the Supplier for any legal costs incurred by the Supplier (including but not limited to charges & commission charged by mercantile agents) in respect of this application, agreements, personal guarantees, securities given or other documentation required whilst credit is being offered in consequence of this application, and the Customer further agrees to indemnify the Supplier for any dishonoured cheque fees incurred and in the event that the Customer’s account is in default of the agreed trading terms to indemnify the Supplier against its collection fees & legal costs.
4. The Supplier may withdraw credit facilities to the Customer at any time without notice. Without limiting the Suppliers rights to withdraw credit, the Supplier reserves the right to stop supply & place the account on hold until the account is returned to the agreed trading terms, and the Supplier agrees to recommence supply.
5. These Terms of Trade apply to all transactions from which the Customer is supplied goods & or services on credit. If any future contract between the Supplier & the Customer is inconsistent with these Terms of Trade, then these Terms of Trade will apply unless the subsequent contract refers to and specifically alters these Terms of Trade in writing.
6. Should there be any variation to any of the information supplied by the Customer in this application or in the structure of the Customer’s business (such as a conversion to or from a company or trust or the appointment of new directors), the Supplier shall be notified in writing. Until a new application form is signed and approved in writing by the Supplier, then the original application and those person(s) who signed as guarantor(s) shall remain liable to the Supplier as though all goods and services were supplied to the original Customer.
7. The Supplier reserves the right to amend these trading terms, provided such amendments are conveyed to the Customer in writing. The Customer further acknowledges that such writing will be by ordinary mail to the address set out in this Commercial Credit Application, unless the Customer advises in writing to the Supplier a new address, and this new address is acknowledged by return in writing by the Supplier.
8. The Supplier shall be entitled at any time to assign its rights under this Commercial Credit Application to its successors, nominated transferees or assigns, (including but not limited to, where applicable personal guarantees), and that these Terms of Trade shall not be in any way affected or discharged pursuant to such assignment.
9. CAVEATABLE INTEREST CLAUSE. In the event of Default of the agreed trading terms by the Customer, then the Customer by its Director(s)/Proprietor(s)/Partners/Individual(s), nominated on Page 1 of this application hereby charge all their Right, Title of Interest (if any) to any or all property(ies) now owned or partly owned or may in the future become owned, solely or jointly by the said Customer/Director(s)/Proprietor(s)/Partners/Individual(s) on Page 1 of this application in favour of the Supplier, to better secure the monies outstanding, with the due and punctual observance and performance of all of the obligations of the Customer hereunder. Such Customer acknowledges that the Supplier may at its discretion, register a caveat on such property in respect of the interest conferred on it under this clause. In the event that the Supplier is required to exercise its right under this clause, against the Customer, then the Customer grants to the Supplier the right to appoint a Receiver and sell the property(ies).
10. RETENTION OF TITLE. Until ALL INVOICES are paid in full, and ALL MONIES receipted and cleared, ownership of the goods remain with the Supplier, but the risk passes to the Customer on delivery. Delivery shall occur if the Supplier or its Agent delivers, on delivery, and or if the Customer or its Agent(s) takes delivery, at that point of delivery. Until the Supplier is paid in full, the relationship of the Customer to the Supplier shall be fiduciary in respect of the goods and the Customer shall hold the goods as bailee only for the Supplier. The customer shall store the goods separately from its own until ownership has manifested in the Customer. Should the goods be onsold to a third party before payment, or in the event of the Appointment of an Administrator, Controller, Managing Controller, Receiver or Receiver Manager, or entry into an Informal/ Formal Deed of Arrangement under the Bankruptcy Act of 1966 by the Customer, then the Customer hereby assigns to the Supplier its right of recovery of payment from the third party. The money(ies) resulting from the sale of the goods are to be specifically earmarked and placed in a separate account on trust for the Supplier, until payment in full is made to the Supplier for the cost of the goods only, to guarantee clear passage of ownership to the third party innocent purchaser. In the event the Customer is in default of the agreed trading terms, then the Customer without reservation grants right of entry waiver to any or all properties under the Customers control, where the goods are reasonably expected to be stored. The Customer indemnifies and save harmless the Supplier, its servants or agents in relation to loss or damage as a result of the retaking of possession of the said goods. Further in the event the Supplier exercises its right of retaking possession of the said goods, the Customer grants power of sale to the Supplier to resell the said goods and the Customer acknowledges that any shortfall owing after the said goods are resold will be the responsibility of the Customer. Notwithstanding any other provision of this Agreement, it is expressly agreed by the Customer that the Supplier may sue for the price of all goods delivered to the Customer or for damages in Breach of Contract, notwithstanding that ownership in those goods has not been passed to the Customer.
11. DELIVERY. Deliveries shall be made during normal working hours. Deliveries required outside normal working hours will be delivered upon the request of the Customer, and all charges will be the sole responsibility of the Customer. In the event the Customer or the Customer’s Agent is not on site to accept the delivery, then the Suppliers delivery records shall be prima facie proof of delivery of the goods to the Customer in good order and condition, in the quantities ordered and receipt thereof, at time of delivery. The date of delivery set forth in the order form is made in good faith, but the performance of the COMMERCIAL TRADING AGREEMENT - 30 DAY ACCOUNT A reference to “the Supplier” refers to any Bulbeck business entities. The Customer acknowledges that a separate Application is required to each Supplier, prior to the granting of a Commercial Credit Account with that Supplier. Such Account is only effective on receipt of a written approval from the nominated supplier that the account has been granted. Please read the undermentioned terms carefully. If you do not understand these terms of trade you should seek legal advice.
Supplier’s engagement is subject to industrial disturbances, delay in transit, damage to goods in transit, shortage of goods and any other cause beyond the reasonable control of the Supplier. The Supplier shall be excused from any failure to deliver or complete which is contributed to by any such cause and the time specified for completion of delivery shall be extended commensurately. Delay in delivery or completion shall not constitute a breach of contract, nor shall it affect any other provisions of the contract to the Supplier’s disadvantage.
12. PPSR. The Supplier reserves the right to register any security interest provided by the Customer (“the grantor”) which creates a performance obligation to secure payment owed by the Customer to the Supplier pursuant to the Personal Property and Securities Act 2009.
13. STATEMENTS. Statements as to suitability, quality, fitness for pur pose, capacity or otherwise contained in any drawing, catalogue or specification or other documents issued by the Supplier shall not be regarded as forming part of the agreement resulting from acceptance of any orders unless specifically stated in writing by the Supplier. The Customer warrants that prior to the constitution of this agreement the Customer was satisfied by means other than information given by or received from the Supplier, as to the quality and fitness of the goods ordered.
14. SERVICE OF DOCUMENTS. The Customers acknowledges that service of all documents will be by prepaid postal addressed envelope to the address nominated on this Commercial Credit Application form, unless a new address is provided by the Customer and such new address is acknowledged by return in writing from the Supplier. Note the Customer expressly acknowledges that service is deemed to be effected after the expiration of 2 working days from date of posting of the documents.
15. ACCESS TO SITE. The Customer at all times is responsible to ensure suitable access to site. The Customer further indemnifies and saves harmless the Supplier, and or it’s servants or agents against any loss or damage, in the event the Customer fails to provide suitable access to site for delivery, and or whilst on site delivering.
16. PRICE. All goods are sold at the price current at the time of delivery. The price of the goods are at the Suppliers works. Costs and charges for freight and handling at the point of delivery to the Customer or the Customer’s agent are payable by the Customer unless otherwise stated on the quote/order form. All quotes remain current for 14 days only from date of quote. NOTE: Pricing may vary from time to time subject to exchange rate variations and/or material increases outside the control of the Supplier.
17. PAYMENT. The Customer expressly acknowledges that at the absolute discretion of the Supplier, the Customer may be required to execute an authority to the Customer’s Bank authorising a direct debit from the Customer’s Bank account, to the Supplier for all sums due on a monthly basis. The authority will be irrevocable without the express written consent of the Supplier.
18. FINANCIAL INFORMATION. The Customer agrees to provide financial information as is reasonably required by the Supplier from time to time, for the assessment of current and future credit limits only. The Supplier and the Customer further agree that such information shall be treated as strictly confidential and will not be disclosed to any third party(ies) without the express written permission of the Customer.
19. CREDIT CLAIMS. It is the responsibility of the Customer to carefully inspect the goods immediately they are delivered. Credit Claims will only be recognised if made in the first instance by phone within 72 HOURS of receipt, and also in writing within 7 days of delivery. Claims outside this period will be at the absolute discretion of the Supplier, and its decision final and binding on the Customer. All goods returned must be in original condition and packaging and complete in every detail. Goods will only be accepted if the freight is prepaid by the Customer.
20. RETURN OF, OR CANCELLATION OF GOODS ORDERED. In the event the Customer elects to return goods or cancel goods on order, the Supplier at its absolute discretion reserves the right to charge a 10% handling fee on the amount involved. Further no return of goods will be accepted, without prior approval of the Supplier in writing.
21. SPECIAL ORDERS. Special orders attract a 50% deposit which will be debited to the Customer’s account upon receipt of a written order for goods outside our normal stock line, or for goods specifically modified to the Customer’s requirements. NOTE: No return of or cancellation of special orders will be accepted.
22. WARRANTIES. All goods sold carry only such warranty, if any as is furnished by the manufacturer thereof, or as implied by law as covered under The Trade Practices Act 1974 (Cth). NOTE - No warranty work will be completed whilst ever the Customer’s account is in default of the agreed trading terms.
23. DAMAGES. The Supplier shall not be liable for any amount greater than the sale price of the product originally supplied. Without limiting the meaning of this clause, the Supplier shall not be liable for any claims, loss, expense whatsoever, howsoever arising, or in any event in any way whatsoever for any contingent, consequential direct/indirect special, or punitive damages arising in relation thereto, and the Customer acknowledges this express limit or liability and agrees to limit any claim accordingly. Further the Supplier shall not be responsible directly or indirectly for any consequential loss or damage, or for the maintenance, use or operation of the product by the Customer, or to any third party, or from any failure of the product whether defective or not.
24. GST. GST will be charged where appropriate, unless a signed exemption form is received by the Supplier in the approved prescribed manner as set down by the Australian Tax Office.
25. ENVIRONMENTAL REQUIREMENTS. The Customer confirms and acknowledges it has made all inquiries in relation to all responsibilities conferred upon the Customer, by all relevant legislation, relating to storage of and disposal of any or all products supplied by the Supplier.
26. INSURANCE. NO INSURANCE IS PROVIDED BY THE SUPPLIER. The Customer expressly acknowledges that insurance of all goods is the responsibility of the Customer upon despatch from the Supplier’s premises.
27. JURISDICTION. The Customer acknowledges that this contract shall be governed by the Laws of the State of the nominated Supplier, and the Customer hereby agrees to submit to the non exclusive jurisdiction of the Courts of that State, in that State’s capital city.