T&Cs
T&Cs
2.3 Apple Apparel is entitled to set-off against any money owing to 4.3.3 Such action shall be deemed to be delivery to the
the Customer amounts owed to Apple Apparel by the Customer Customer.
on any account whatsoever.
4.4 The Customer is deemed to accept delivery of the Goods where it
2.4 Any payments received from the Customer on overdue accounts is either delivered to the Customer's premises or when Apple
will be applied first to satisfy interest which may have accrued,
second to reasonable expenses and legal costs referred to in
Clause 2.5, and then to principal.
( Apparel notifies the Customer that the Goods are available for
collection.
,
2.5 The Customer is liable for all reasonable expenses (including Apple Apparel may deliver it to a place of storage nominated by
contingent expenses such as debt collection commission) and the Customer and, failing such nomination, to a place determined
legal costs (on a full indemnity basis) incurred by Apple Apparel by Apple Apparel. Such action shall be deemed to be delivery to
for enforcement of obligations and recovery of monies due from the Customer. The Customer shall be liable for all cost, charge
the Customer to Apple Apparel. and expense incurred by Apple Apparel on account of storage,
detention, double cartage/delivery or similar causes.
3 Quotations and Pricing
4.6 The Customer agrees that it will be obliged to and shall pay for
3.1 Prices charged for Goods will be according to a current quotation f\ the Goods on the due date notwithstanding that delivery is made
for those Goods. Otherwise, they will be determined by Apple after the agreed delivery date, and notwithstanding that the
1I Apparel by reference to its standard prices in effect at the date of Goods may not yet be delivered.
~I
delivery (whether notified to the Customer or not and regardless
of any prices contained in the order). Apple Apparel will use its 5 Property
best endeavours to notify the Customer of price Changes but
bears no liability in respect of this. 5.1 Until full payment has been made for all Goods, and any other
sums in any way outstanding from the Customer to Apple Apparel
3.2 Any quotation by Apple Apparel shall not constitute an offer. from time to time:-
Quotations will remain valid for seven (7) days from the date of
the quotation. 5.1.1 All sums outstanding become immediately due and
payable by the Customer to Apple Apparel if the
Any quotation, acceptance of quotation, purchase order or other Customer makes default in paying any other sums due to
3.3~
document which requires signature may be signed in electronic Apple Apparel, becomes bankrupt, or commits any act of
form, and such signature shall be binding upon the person bankruptcy, compounds with its creditors, has judgment
affixing that signature. entered against it in any court or, being a company, has a
provisional liquidator, liquidator, receiver, receiver
3.4 Unless otherwise specified by Apple Apparel, the prices exclude:- manager or administrator appointed, notwithstanding the
provisions of any other clause in these Terms.
'l
, .
3.4.1 Any statutory tax, including any GST, duty or impost
levied in respect of the Goods and which has not been 5.1.2 The property in the Goods shall not pass to the Customer
allowed for by Apple Apparel in calculating the price. and the Customer shall hold the Goods as bailee for
Apple Apparel (returning the same to Apple Apparel on
, 3.4.2 Costs and Charges in relation to insurance, packing (other request). The Goods shall nevertheless be at the risk of
than the standard packing of Apple Apparel), crating, the Customer from the time of delivery/supply and the
delivery (whether by road, rail, ship or air) and export of Customer must insure the Goods from the time of
the Goods. deliveryfsupply.
9.4
1: d.... I'~
No cancellation's
c:1t~. "r:: ~,
or-partiaJ) co(;fc,e'lIation of an order by the
Apple Apparel is irrevocably authorised to enter any
51j premises where the Goods are kept, and to use the name
of the Customer and to act on its behalf, if necessary, to
Customer shall be accepted by Apple Apparel unless it has first
consented in writing to such cancellation or partial cancellation
recover possession of the Goods without liability for and unless a cancellation charge has been paid which, as
trespass or any resulting damage. determined by Apple Apparel, will indemnify Apple Apparel
against all loss, without limitation. Cancellation will not be
5.2 In addition to any lien to which Apple Apparel may, by statute or accepted on goods that are not regular stock which are in the
otherwise, be entitled, Apple Apparel shall in the event of the process of manufacture or ready for shipment.
Customer's insolvency, bankruptcy or winding up, be entitled to a
1 general lien over all property or goods belonging to the Customer 9.5 All complaints, claims, or notification of lost Goods, incomplete
in Apple Apparel's possession (although all or some of such
property or goods may have been paid) for the unpaid price of
any Goods sold or delivered to the Customer under this or any
I Goods, Goods damaged in transit or Goods that do not comply
with the Customer's purchase order must be submitted by the
Customer to Apple Apparel in writing within seven (7) business
other contract. days of the date of the invoice rendered for the supply of the
Goods. Otherwise, the Customer shall be deemed to have
6 Availability of Stock accepted the Goods and shall not refuse to pay for the Goods on
the basis that they were lost, incomplete, damaged in transit, or
Any order that cannot be fulfilled on its receipt will automatically be do not comply with the Customer's purchase order.
back ordered and processed when stock becomes available unless it is
the Customer's stated standard policy not to accept back orders or the 10 Personal Property Security Interest
Customer specifically marks its order: "Do Not Back Order". Deliveries
at any time are subject to availability of stock and Apple Apparel will not 10.1 The Customer grants Apple Apparel a Security Interest in the
be liable for any charges due to product unavailability. goods supplied as Commercial Property, more particularly
described as clothing and footwear, and their Proceeds to secure
7 Restrictions the obligation of the Customer to pay the purchase price of the
goods and any other obligations of the Customer to Apple
7.1 The Customer acknowledges and accepts that Apple Apparel Apparel under this contract (together the "Indebtedness") and,
sells its goods only through persons who have been authorised where the goods and/or Proceeds are not readily identifiable
by Apple Apparel to sell specific product categories at specific and/or traceable or their recoverable value is insufficient to pay
locations and who comply with Apple Apparel's Terms and the Indebtedness, the security interest shall also extent to all the
Conditions. Subject to Part IV of the Trade Practices Act 1974: Customers present and after acquired Apple Apparel, of which
the goods form part, to the extent required to secured the
7.2 Under no circumstances may the Customer sell Goods through Indebtedness.
the Internet or the mail without prior written authorisation from I
Apple Apparel. 10.2 As and when required by Apple Apparel the Customer shall, at its
own expense, provide all reasonable assistance and relevant
7.3 The Customer is prohibited from selling Goods on the information to enable Apple Apparel to register a Financing
international market without the express written consent of Apple Statement or a Financing Change Statement and generally to
Apparel. obtain, maintain, register and enforce Apple Apparel's Security
Interest in respect of the goods supplied, in accordance with the
7.4 Apple Apparel does not grant to the Customer the exclusive rights Personal Property Securities Act 2009 ("PPSA").
to sell its Goods. Apple Apparel reserves the right to authorise
and/or supply additional retailers in any market area that it deems 10.3 The Customer shall not change its name without first notifying
necessary to adequately cover the market. <;, Apple Apparel of the new name not less than 7 days before the
change takes effect.
8 Freight
10.4 The Customer warrants that the goods are not purchased for
Subject to Clause 3.4 and unless otherwise agreed, Apple Apparel will personal, domestic or household purposes.
ship by the least expensive route and carrier to all points. If the
purchaser chooses a route with a higher charge than the route of Apple 10.5 NotWithstanding any reference to a particular invoice/order, where
Apparel's choice for shipment, Apple Apparel will charge the difference any sum remains outstanding by the Customer on more than one
to the Customer. invoice/order, any payments received from the Customer shall be
deemed to be made by the Customer and applied by Apple
9 Returns, Cancellations and Claims Apparel in the following order:
9.1 The Customer shall not return any Goods to Apple Apparel 10.5.1 To any obligation owed by the Customer to Apple Apparel
without obtaining prior authorisation from Apple Apparel. No which is unsecured, in the order in which the Obligations
returns will be accepted unless a copy of the relevant invoice is were incurred;
enclosed with the returned Goods. A list of the Goods returned
including product descriptions, quantity, date of return and the 10.5.2 To any obligations that are secured, but not by a
Customer's name and address must also be enclosed. Freight Purchase Money Security Interest, in the order in which
Charges must be paid by the Customer. All Goods must be those obligations were incurred;
returned in the original packaging and the Customer shall be
responsible for all damage incurred during return shipment. A
10.5.3 To obligations that are secured by a Purchase Money 12.4 Any change in the ownership of the business name of the
Security Interest, in the order in which those obligations Customer. The Customer agrees that it shall be liable to Apple
were incurred. Apparel for all Goods supplied to the new owner by Apple
Apparel until notice of any such change is received.
10.6 Until the Customer has paid all money owing to Apple Apparel the
Customer shall at all times ensure that: 13 Warranties
\
distinguished, and/or
10,6.2 All Proceeds (in whatever form) that the Customer l for a breach of a condition or warranty is limited to the repair or
replacement of the Goods, the supply of equivalent Goods, the
received from the sale of any of the goods are readily payment of the cost of repairing or replacing the Goods or
identifiable and traceable.
1 acquiring equivalent Goods, as determined by Apple Apparel.
10.7 Where the goods are purchased by the Customer and held as 13.2 The Customer acknowledges and warrants that it has relied on its
Inventory, nothing in this clause shall prevent the Customer from own skill and judgment or, alternatively, on the skill and judgment
selling or leasing and delivering the goods in the ordinary course of tradesmen and professional advisers retained by it to provide
of the Customer's business. Otherwise until the Customer has advice and assistance on the suitability of the Goods for specific
paid all money owing to Apple Apparel the Customer shall not sell purposes and procedures and, in this respect, shall indemnify
or grant a Security Interest in the goods without Apple Apparel's Apple Apparel from and against any suit, claim, demand or
written consent. compensation which, but for these Terms, the Customer may
have had against Apple Apparel.
10.8 The parties agree to out of the PPSA in accordance with Section
115 of the PPSA to the extent that Section 115 applies for the 13.3 The Customer warrants to Apple Apparel that it is purchasing
benefit of, and does not impose a burden on, Apple Apparel. The Goods as the principal and not as an agent.
Customer waives its right to receive a Verification Statement in
respect of any Financing Statement or Financing Change
Statement registered by or on behalf of Apple Apparel in respect
14 Force Majeure 7
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tHl-?·
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of the Security Interest created by these terms and conditions. Apple Apparel shall be released from its Obligations in the event of
national emergency, war, prohibitive governmental regulation or if any
10.9 For the purpose of this clause words and phrases starting with a other cause beyond the control of the parties renders provision of the
capital letter shall have the respective meanings given to them Goods impossible, where all money due to Apple Apparel shall be paid
under, or in the context of the PPSA. immediately and, unless prohibited by law, Apple Apparel may elect to
terminate the Agreement.
11 Privacy Act 1988 ("Privacy Act")
15 Equitable Charge
To enable Apple Apparel to assess the Customer's application for
credit, the Customer authorises Apple Apparel:- The Customer as beneficial owner and/or registered proprietor now
charges in favour of Apple Apparel all of the Customer's estate and
11.1 To obtain from a credit reporting agency a consumer or interest in any real property (including but not limited to any applicable
commercial credit report containing personal information about land owned by the Customer named or described as the Customer's
the Customer and its guarantors pursuant to Section 18K(1) of Street Address in the Credit Application if applicable) ("Land") to secure
the Privacy Act; and payment of accounts rendered by Apple Apparel to the Customer for
the delivery and/or supply of the Goods including interest payable on
11.2 To obtain a report from a credit reporting agency and other these accounts and costs (including legal costs on a full indemnity
information in relation to the Customer's commercial credit basis) incurred by Apple Apparel and including the costs to prepare and
activities, and lodge a Caveat against the Land and to remove the Caveat.
11.3 To give to a credit reporting agency information including identity 16 Failure to Act
particulars and application details
Apple Apparel's failure to enforce or insist upon the timely performance
AND in accordance with Section 18N(1) of the Privacy Act the of any term, condition, covenant or provision in these Terms, or Apple
Customer authorises Apple Apparel to give to and obtain from any Apparel's failure to exercise any right or remedy available under these
credit provider named in the accompanying credit application and credit Terms or at law, or Apple Apparel's failure to insist upon timely payment
providers that may be named in a credit report issued by a credit of monies when due or to demand payment of any charges or fees
reporting agency information about the Customer's credit which accrue or any extension of creditor forbearance under these
arrangements. The Customer understands that this information can Terms shall not constitute a waiver of any subsequent default or a
include any information about its credit worthiness, credit standing, waiver of Apple Apparel's right to demand timely payment of future
credit history or credit capacity that credit providers are allowed to give obligations or strict compliance with the Terms.
or receive from each other under the Privacy Act.
17 Legal Construction
The Customer understands that information can be used for the
purposes of assessing its application for credit (Section 18L(4) Privacy These Terms shall be governed by and interpreted according to
Act), assisting it to avoid defaulting on its credit obligations, assessing 17.~
the laws of Victoria and Apple Apparel and the Customer consent
its credit worthiness and notifying other credit providers and credit and submit to the juriSdiction of the Courts of Victoria.
reporting agencies of a default by it under these Terms.
12 Notification
17( Notwithstanding that any provision of the Terms may prove to be
illegal or unenforceable pursuant to any statute or rule of law or
for any other reason that provision is deemed omitted without
The Customer must notify Apple Apparel in writing within seven (7) affecting the legality of the remaining provisions and the
days of:-
remaining provisions of the Terms shall continue in full force and
effect.
12.1 Any alteration of the name or ownership of the Customer.
SIGNED . Date .
PRINTED NAME .
6
STORE DETAILS:
ALL STORES
1 Address:
Telephone: _ F~: _
Manager Contact
2 Address:
Telephone: _
Manager Contact: _
3 Address:
Telephone: _ Fax:
Manager Contact:
TRADING TERMS: 30 days on receipt of goods or as varied according to quotation supplied.by SASCO ACCESSORIES PTY LID
l. The applicant acknowledges tbat the SASCO ACCESSORIES PTY LID is a company hereinafter called "SASCO ACCESSORIES" or "ALISS&ENA"
2. Tbe information provided in tbis application is confidential and is supplied for the purpose of establishing and maintaining a relationship with SASCO
ACCESSORIES
3. The applicant agrees to be bound by the SASCO ACCESSORIES current terms and conditions in use at all times and attached hereto and whicb the applicant hereby
acknowledges it has received.
4. The applicant acknowledges that ifpayment is made via credit card, a credit card surcbarge will be incurred which will be automatically charged and added to the
payment made.
5. In the case of an applicant
a) which is a company, all directors of the applicant; or
b) which is a partnership; all partners comprising the partnership agree that the terms of clauses 5, 6, 7 & 8 apply to each director and partner (as the case
may be) of the applicant.
6. The applicant acknowledges that SASCO ACCESSORIES by this clause informs the applicant that, under section l8e (8) (c) oftbe privacy act ("the act") SASCO
ACCESSORIES is allowed to give a credit reporting agency personal information about this credit application, if a credit account is granted. The information which
may be given to an agency is covered by section 18e (I) of the act and includes:
a) identity particulars as permitted by the privacy commissioner's determination issued under section 18e (3);
b) the fact that the applicant has applied for credit and the amount of credit applied for;
c) the fact that SASCO ACCESSORIES is a current credit provider to the applicant;
d) details of the payment which become more than 60 days overdue, and for which collection action bas commenced;
e) advice that payments are no longer overdue;
f) details concerning cheques drawn by the applicant which have been dishonoured more than once;
g) in specified circumstances, advice that, in the opinion of SASCO ACCESSORIES tbe applicant has committed a serious credit infringement;
b) advice that credit provided to tbe applicant by SASCO ACCESSORIES bas been paid or otherwise discharged.
7. The applicant acknowledges SASCO ACCESSORIES may obtain from a credit reporting agency a credit report containing personal credit infonnation about the
applicant, if a credit account is granted.
8. The applicant agrees that SASCO ACCESSORIES may receive from a credit reporting agency a credit report containing personal information about the applicant if
SASCO ACCESSORIES considers it relevant to collecting overdue payments in respect of commercial credit provided. The applicant agrees that SASCO
ACCESSORIES may give to and seek from any credit provider named in this credit application a credit report issued by a credit reporting agency and information
about this applicant's credit arrangements. The applicant understands that this information can include details concerning the applicant's credit worthiness, credit
standing, credit history or credit capacity that credit providers are allowed to give or receive from each other under the act.
9. The applicant understands tbat, ifapplicable, the credit account is subject to periodical reviews and orders may be held ifthe amount has exceeded either the credit
limit or the trading terms of SASCO ACCESSORIES
10. The applicant provides a copy of its latest balance sheet and a copy of its certificate of incorporation I registration of business name.
11. The applicant, if a company, acknowledges that this application will not be considered by SASCO ACCESSORIES unless the attached guarantee has been properly
completed and signed by each director of the applicant. This condition can only be waived in writing by SASCO ACCESSORIES
12. The applicant and iftbe applicant is a company, each of the directors of the applicant, declares that as at the date of this credit application the applicant is solvent
and able to pay its accounts according to respective trading terms.
13. The applicant, if a sole trader declares that as at the date of this credit application that he or she is not an undischarged bankrupt and if a firm, each partner declares
he or she is not an undischarged bankrupt.
14. The applicant warrants tbat the information contained in this application is true and correct.
PRINTED NAME .