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T&Cs

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0% found this document useful (0 votes)
7 views6 pages

T&Cs

Uploaded by

zora0mecieb
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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TERMS AND CONDITIONS

General classification or value of duty or landing charges occasioned


thereby. Any such impositions shall be to the account of the
The whole of the Agreement between Apple Apparel Pty Ud ABN 20 Customer.
134 007 783 ("Apple Apparel") and the Applicant referred to in the
Credit Application ("Customer") are those set out in these Terms and 4 Delivery and Supply
Conditions as amended from time to time and those, if any, which are
implied and which cannot be excluded by law ("Terms"). Any other 41 Any times quoted for delivery and/or supply are estimates only
contractual terms of the Customer (whether upon the Customer's order and Apple Apparel shall not be liable for failure to deliverfsupply,
or elsewhere) which are contrary to or inconsistent with these Terms or for delay in delivery/supply. The Customer shall not be relieved
shall not apply nor shall they constitute a counter-offer. By receiving of any obligation to accept or pay for Goods, by reason of any
delivery and/or supply of all or a portion of the goods, materials and/or delay in delivery/supply or dispatch. Apple Apparel reserves the
right to stop supply at any time if the Customer fails to comply
parts and/or labour and/or services supplied by Apple Apparel under
these Terms ("Goods"), the Customer shall be deemed to have 1 with the Terms.
accepted these Terms and to have agreed that they shall apply to the
exclusion of all others. 4.2 Apple Apparel may refuse to supply any order by the Customer
for Goods in its absolute discretion and may make acceptance of
2 Credit Terms an order conditional upon it receiving a satisfactory credit
assessment of the Customer.
2.1 Payment is due on or prior to thirty (30) days from the date of
invoice rendered in respect of the supply of the Goods unless 4.3 If the Customer directs that delivery of the Goods be staggered
otherwise stated in writing by Apple Apparel. Apple Apparel may over different times or to different addresses from those specified
charge liquidated damages at a rate equivalent to two percent in the Credit Application, then the Customer:-
(2%) in excess of the rate of interest for the time being fixed
under Section 2 of the Penalty Interest Rates Act 1983 if payment
7 4.3.1 shall be liable for any additional cost, charge and
is not received by the due date. expense incurred by Apple Apparel in complying with the
Customer's direction; and
2.2 Apple Apparel's express or implied approval for extending credit
to the Customer may be revoked or withdrawn by Apple Apparel 4.3.2 shall pay for the whole of the invoiced value of the Goods
at any time. notwithstanding the staggered deliveries.

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.

4.5 If the Customer is unable or fails to accept delivery of the Goods,

,
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.

! 3.5 Any variations in the invoice or contract price as a consequence


of currency fluctuations shall be payable by the Customer.
5.1.3 The Customer is only authorised to sell the Goods (or any
portion of them) to third parties as the fiduciary agent of
Apple Apparel provided that there shall be no right to bind
3.6 The contract between Apple Apparel and the Customer shall not Apple Apparel to any liability to such third party by
be affected by any impositions or alterations of customs duties or contract or otherwise. All payments (direct or indirect)
by decisions of the Customs Department with regard to either received from such third parties by the Customer for the
Goods (or any portion of them) shall be held on trust for credit note will be issued by Apple Apparel only after Goods
Apple Apparel pursuant to the fiduciary relationship. returned are either collected by Apple Apparel's authorised
representative or agent or returned to it by the Customer as set
5.1.4 In the event that the Customer incorporates or transforms out above. The Customer shall not deduct the amount of any
the Goods (or any portion of them) into any other goods anticipated credit from any payment due to Apple Apparel but
or products produced by the Customer (or a third party), must await receipt of a credit note.
then the Customer must hold a proportion of any payment
("relevant proportion") received by the Customer for such 9.2 All goods returned must be of merchantable and reasonable
goods or products on trust for Apple Apparel. The quality such that the goods are complete in their original
Customer expressly acknowledges that the relevant packaging, not shop-soiled, are not price ticketed and are still
proportion shall be equal to the dollar value of the Goods listed in the current price list.
incorporated or transformed and the Customer further
acknowledges that any part payment (not exceeding the 9.3 If Apple Apparel accepts the return of any Goods that have been
relevant proportion) received by the Customer for such ordered, Apple Apparel may charge the Customer fifteen per cent
goods or products is received as payment first of the (15%) of the invoice price as a handling fee with freight costs and
relevant proportion. risk remaining the responsibility of the Cust0me~ff_

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

No warranties except those implied and that by law cannot be


( 10.6.1 All goods supplied by Apple Apparel, while in the 13.1
excluded are given by Apple Apparel in respect of Goods
Customer's possession, can be readily identified and
supplied. Where it is lawful to do so, the liability of Apple Apparel

\
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
I
~
T r
~-to ()w..
/fr1!~O' ~
tHl-?·
--L{;I
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.

12.2 The issue of any legal proceedings against the Customer.

12.3 The appointment of any provisional liquidator, liquidator, receiver,


receiver manager or administrator to the Customer.
/fr~ Sr:
LI( /JJ.
(1~/Sd,
tJ',(JtTERMS AND CONDITIONS
The Applicant acknowledges that §ASCO ACCESSORIES PTY LID is a Company hereinafter called" SASCO ACCESSORIES ",
LI-- ~--<--- J k
/,)
I~
~ .c
ALISS&ENA of 63 Victoria Crescent. Abbotsford, in the State p!: Victoria and the stated customer or purchaser (The Purchaser") HEREBY AGREE that the sale of the goods
/,The goods") in any order submitted to or invoice issued by ~1SS&£N"'A (The Invoice") shall be upon the-following terms and conditions, ,
./ I. In consideration of a AUS8&ENA'ltreeing to sell the goods the Purc6"aserwill pay the total price set out in the invoice in the manner and time stated in the invoice.
~'L--L-
2, I Until such time as the Purchaser pays ALI-SS&EN/t the full price for the goods. property in the goods shall not pass to the purchaserfmd the relationship
I ,/DC
between the parties shall be a fiduciary one and during the time the Purchaser shall hold the goods as bailee for ALISS&ENA and at all times the Purchaser shall.-
a). keep the goods separately stored and identified as the property of ALISS&ENA;
b). not dispose of, consume or waste the goods until they are fully paid for without the consent in writing of ALISS&ENA.
Notwithstanding the foregoing provisions of this clause the Purchaser shall be entitled to sell any goods to a third party during the normal course of the Purchaser's business
and to deliver any goods so sold to such third party subject to the following conditions:-
i. where the Purchaser is paid by the third party the Purchaser shall hold so much of the proceeds of sale as represents the cost price of the said goods hereby sold and
which were sold to such third party upon trust for ALISS&ENA; and
ii. where tbe Purchaser is not paid by any third party tbe Purchaser sball assign its claim against that party to ALISS&ENA upon ALISS&ENA giving the
purchaser notice in writing to that effect and for the purpose of giving to the provisions of this paragraph the Purchaser hereby appoints ALISS&ENA as its attorney
3. f, In the event oftbe Purchaser not paying the full price for the goods in tbe time specified on the invoice. or in the event of any other specified act or incident of as
v''l specified under the conditions:-
i. the parties agree that ALISS&ENA may in addition to all of its other rights hereunder, enter onto the Purchaser's property within business hours without permission
and without notice and take possession of the whole of the goods and proceed in its Owntime to resell all or part of the goods without liability or recourse to the Purchaser
in any respect whatsoever.
4, ALISS&ENAshall not be liable for failure to ship or deliver or delay in shipment or delivery due to unavoidability of freight or shipping.space, prohibitions or
. / restrictions under any law or by any Government or any official or statutory authority. wreck, riot, epidemic. fire, flood, strike, embargo, war, bostilities between any
V powers, civil commotion, breakdown of machinery, failure,or delay in delivery or sbipment on the part of tile manufacturers, mercbants.agents •.delay in transportation or
forcemajeare, or due to any other cause whatsoever. and whether or a similar nature.or not, beyond ALISS&ENAcontrol; and in.the event of delay in shipment or delivery
so caused the time for shipment and/or delivery shall be extended for such reasonable period after sucb cause or causes sball have ceased to operate as shall enable
ALlSS&ENAto ship and/or deliver, and the Purcbasers shall be bound on the date specified to accept the goods and pay the price without deduction notwithstanding such
delay However, ALISS&ENAwill do every reasonable thing in its power to avoid or sborten delays.
5, Notwithstanding conditions 2, the goods are at the risk of the Purchaser as from their delivery pbe Purchaser sball cause the goods to be insured against fire, theft and such
other risks as ALISS&ENA may require in the joint names of the Purchaser and ALISS&ENA until property in the goods passes and shall produce to
7 ALISS&ENA sucb proof of insurance as ALISS&ENA may require upon demand. The amount of the cover shall not be less that the price of the goods and in the
event of a claim arising under tbe policy while any amount remains to ALlSS&ENA in respect of the goods. ALISS&ENA shall be solely entitled to receive moneys
due under the policy and may apply all moneys received by it in reduction of the amount due to it.
6. If the Purchaser:-
a) fails to pay for the goods at the times hereinbefore provided for payment;
b) causes its account to exceed any credit limit allotted to it by ALISS&ENA;
c) being an individual, is declared or commits an act of bankruptcy, enters into an arrangement or composition with his creditors, signs an authority under Part X ofthe
Bankruptcy Act or any execution is levied against his property; or
d) being a corporation, suffers the appointment of a receiver and manager or administrator or controller, winding up proceedings are initiated against it or any execution
is levied against it's properly;
ALISS&ENA may in addition to the rights contained in condition 3:-
ALISS&ENA an the
i <. 11---»
i. withbold delivery of the said goods or any instalment or instalments there of which are the subject of any other contract of sale made between
Purchaser;
ii. cancel this contract and any other contract of sale aforesaid;
rft/.(/JI;- , iii. treat this and any other contract of sale aforesaid as having been repudiated by the purchaser;
iv, claim interest on any unpaid sum at the rate of 20% per annum, such interest to accrue from the due date of payment of the amount unpaid until the date when full
payment is made;
v. recover by way ofliquidated damages any unpaid sum, together with interest.
PROVIDED THAT nothing berein before contained shall release tbe Purchaser from its Obligations to take delivery of any to pay for the goods or any instalment or
instalments thereof as provided herein.
6. These conditions contain the whole of tile agreement between ALISS&ENA and the Purchaser and tbe Purchaser acknowledges that no person whether servant or
agent of ALISS&ENA or otherwise has made or given any guarantee, representation, statement or warranty whether verbally or otherwise which may have induced the
Purchaser to enter into a contract and the Purcbaser will not make any claim on ALISS&ENA in respect of any consequential damages or losses purportedly flowing
from the breach or non-observance of such guarantee representation, statement or warranty.
8. The parties agree that:-
a) The Purchaser is satisfied that the goods are reasonably fit for the purpose for which tbe Purchaser intends to use the goods and the Purchaser does not rely on the skill
or the judgement of ALISS&ENA as to the fitness of the goods for that purpose.
b) Notwithstanding any defects in the goods which the Purchaser's examination revealed and/or which have been drawn to the Purchaser's attention, the Purchaser
ISsatisfied that the goods are of merchantable quality,
c) Except for express warranties contained in ALISS&ENA warranty statements it disclaims to the extent to which it is legally possible to do so all warranties
and condiuons WIthrespect to the goods including without limitation all implied warranties and conditions whether of merchantability or fitness or description
and whether implied by statute or otherwise,
d) ALISS&ENA liability arising out of these conditions or out of any other express or implied conditions or warranties relation to the goods shall be limited, at
the option of ALISS&ENA, to the replacement or repair ofthe goods or the supply of equivalent goods provided that the maximum amount of any liability
of ALISS&ENA shall be restricted to the purchase price of the goods.
e) Ifa term or provision of these conditions excludes restricts or modifies any statutory rights or remedies granted to the Purchaser which may not as a matter oflaw be
so excluded restncted by agreement such a term or proVISIOnshall not apply to tbe extent to which such right or remedy is granted to the Purchaser.
f) Any goods returnable to ALISS&ENA must be returned through ALISS&ENA nominated carriers or Australia Post.
9, If the Purchaser is a corporation tbe Purchaser shall procure at the request at any time of ALISS&ENA all of its Directors to execute joint and several guarantees of the
Performance by the Purchaser of its obligations to ALISS&ENA in the form of the standard guarantee then used by ALISS&ENA 0-
10. All contracts and agreements for the sale of goods by the head office or by any agent of ALISS&ENA shall be deemed to have been made in Melbourne an"tthe
purchaser acknowledges that any dispute arising between the parties shall be heard in and be governed by the laws of the State of~'"
J I, Where a contract is conditional on tile Purchaser's approval ofa sample provided by ALISS&EN A there is no express or implied undertaking that the goods will be
exactly the same as the sample. although ALISS&ENA will use its best endeavours to ensure the goods supplied are similar to that of the sample.
12. The Purchaser acknowledges that the goods are manufactured under designs and copyrights which are the exclusive intellectual property of ALISS&ENA and that all
names and marks are also the exclusive intellectual property of ALISS&ENA and the Purchaser shall not copy or permit any third party to copy any ofthe goods or in
any other way infringe any ofthe rights of ALISS&ENA
5
13. Any Expenses, costs or disbursements incurred by ALISS&ENA in recovering outstanding monies, including debt collection fee's and solicitor costs shall be paid by
the Purchaser, providing that those fees do not exceed the scale charges as charged by that debt collection agency/solicitor plus any out of pocket expenses.

I have read and hereby agree to the above terms

SIGNED . Date .

PRINTED NAME .

6
STORE DETAILS:

Will we be delivering to: INDIVIDUAL STORES I CENTRAL WAREHOUSE?

ALL STORES

1 Address:

Telephone: _ F~: _

Manager Contact

2 Address:

Telephone: _

Manager Contact: _

3 Address:

Telephone: _ Fax:

Manager Contact:

PLEASE ATTACH ADDITIONAL SHEET IF MORE THAN 3 STORES.

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.

I bave read and bereby agree to the above terms,

SIGNED ............•.•..............•...........................•.............. Date .

PRINTED NAME .

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