I/We:
(a) certify that the information provided above in this application for trade credit is complete and correct;
(b) confirm that the directors or proprietors of the Customer have never been bankrupt, nor have they been involved as a director or manager of a company that has been wound up, entered into an arrangement with creditors or had a receiver or receiver and manager appointed; and
(c) agree, if this application for credit is approved, to be bound by the following conditions.
- DEFINITIONS
‘Carrier’ means Ward’s Transport Pty Ltd (ABN 97 105 025 189) (Ward’s Transport).
‘Customer’ means the applicant for credit whose particulars are set out in the ‘Application for Trade Credit’.
‘PPSA’ means the Personal Property Securities Act 2009 (Cth) as amended from time to time. Any term defined in the PPSA has the corresponding meaning in this agreement.
- GENERAL
(a) Unless otherwise agreed in writing by the Carrier, any conditions of a Customer’s order inconsistent with these conditions are expressly rejected by the Carrier.
(b) A quotation provided by the Carrier will not constitute an offer to provide transport services or storage services or other goods or services to the Customer. No contract for the provision of transport services or storage services or other goods or services will exist between the Carrier and the Customer until a Customer’s order has been accepted by the Carrier. The Carrier may, in its absolute discretion, accept or refuse any order submitted by the Customer.
(c) Should there be any variation to any of the information supplied by the Customer to the Carrier, or any change to the structure or nature of the Customer’s business (such as the conversion from a partnership to a company) the Customer must immediately notify the Carrier in writing and complete a new application for credit, which will be considered by the Carrier.
(d) Where the Customer is a trustee, the Customer agrees to produce a stamped copy of the trust deed (together with any amendments) within seven days of a request by the Carrier. The Customer warrants that it has full power and authority to enter into this agreement on behalf of the trust and agrees to be bound by these conditions both personally and as a trustee, regardless of whether or not it discloses to the Carrier that it is a trustee at the time of entering into this agreement.
- TERMS OF CREDIT
(a) The Customer must pay for all transport services and other goods or services in accordance with the credit terms granted by Ward’s Transport and notified in writing to the Customer.
(b) A surcharge of 1.25% will be added to the total amount of any payment made to Ward’s Transport using the credit option when payment is made by MasterCard or Visa.
(c) Should the Customer default in making any payment in accordance with these conditions, then all money due to the Carrier will immediately become due and payable. The Carrier will be entitled to charge interest at the rate of 2.5% per calendar month compounded monthly on all overdue amounts from the due date for payment until the date of actual payment.
(d) The Customer must pay any legal costs (on an indemnity basis), collection costs or dishonoured cheque fees incurred in relation to any default in payment by the Customer. In addition, the Customer must pay an administration fee of $50 to Ward’s Transport in respect of any cheque that is dishonoured or any credit card payment that is reversed.
(e) The Carrier may withdraw or vary the terms of the Customer’s credit facilities at any time without notice to the Customer or any guarantor of the Customer.
- GRANT OF SECURITY INTEREST
(a) Where the Customer has previously entered into an agreement with the Carrier by which the Customer has granted a charge, mortgage, security interest or other security over real or personal property, those charges, mortgages or other Security Interests will continue and co exist with the obligations and Security Interests created in this agreement. The Carrier may, at its election, vary the terms of such previous charges, mortgages or other securities to reflect the terms herein.
(b) The Carrier will have a lien on any property of the Customer in the possession of the Carrier for all sums now or in the future payable by the Customer to the Carrier and for that purpose has the right to sell the property in the possession of the Carrier, by public auction or privately without notice to the Customer.
- CONDITIONS OF CARRIAGE
(a) All services, including but not limited to transport and storage services, provided by the Carrier are subject to the Carrier’s Conditions of Carriage. The Customer acknowledges having received and read the Carrier’s Conditions of Carriage.
(b) The Customer agrees to indemnify and keep indemnified the Carrier against any claim for damages resulting from or in any way connected with the entry of the Carrier onto any property at the request of the Customer.
- PPSA
(a) The Customer and the Carrier agree that the Carrier is not required to respond to any request made under subsection 275(1) of the PPSA as the response would disclose information that is protected against disclosure by a duty of confidence and the Customer and the Carrier further agree that neither the Carrier or the Customer will disclose any information of the kind mentioned in subsection 275(1) of the PPSA.
(b) The Customer waives any rights it would otherwise have under the PPSA under:
(i) section 95 to receive notice of intention to remove an accession;
(ii) section 118 to receive notice that the Carrier intends to enforce its security interest in accordance with land law;
(iii) section 121(4) to receive a notice of enforcement action against liquid assets;
(iv) section 129 to receive a notice of disposal of goods by the Carrier purchasing the goods;
(v) section 130 to receive a notice to dispose of goods;
(vi) section 132(1) to receive a statement of account following disposal of goods;
(vii) section 132(4) to receive a statement of account if no disposal of goods for each six month period;
(viii) section 135 to receive notice of any proposal of the Carrier to retain goods;
(ix) section 137(2) to object to any proposal of the Carrier to retain or dispose of goods;
(x) section 142 to redeem the goods;
(xi) section 143 to reinstate the security agreement; and
(xii) section 157(1) and 157(3) to receive a notice of any verification statement.
(c) The Customer will, at the request of the Carrier, sign documents and do such further acts as may be required for the Carrier to register any Security Interest to which the Carrier is entitled under PPSA.
- CERTIFICATE
A certificate in writing signed by the Carrier’s General Manager stating money payable by the Customer to the Carrier will be prima facie evidence of the amount payable by the Customer.
The Customer agrees to accept service of any document required to be served including any notice under these conditions, under the Conditions of Carriage or the PPSA or any originating process by prepaid post to any address nominated in this application or any other address later notified to the Carrier by the Customer.
- ENTIRE AGREEMENT
This agreement set out the entire agreement of the parties with respect to the provision of transport or storage services to the Customer and the provision by the Carrier of credit to the Customer. The Carrier will not be bound by any agreement purporting to vary these conditions unless such agreement is in writing and signed on behalf of the Carrier by an authorised officer of the Carrier.
- LAW
This agreement is governed by and is to be construed in accordance with the laws of the state of Queensland. The Customer irrevocably and unconditionally submits to the jurisdiction of the courts of Queensland. If a provision of this agreement or its application to a person or circumstances is invalid or unenforceable, then the remaining provisions remain enforceable and unaffected by the modification. If this is not possible, this agreement will take effect as if it did not include the offending provision.
