In the event that this application for credit is approved, the Applicant (the "Customer") and A&K Purveyors Pty Ltd and it's suppliers (the "Supplier") acknowledge and agree that the following terms will apply:
A) Delivery of Goods 1. The Customer is liable for the goods once they have received them or they are collected by them or their agent/s. Risk in the goods passes to the Customer at the same time. 2. The Customer is to inspect the goods once they have received them or collected by them or their agent/s. Any issues of incorrect, missing or defective goods must be brought to the Supplier's attention within 48 hours of receipt or collection. 3. Kegs and pallets used to deliver to the Customer must be returned when empty. The customer must pay the replacement cost of any kegs or pallets that are lost, damaged or not returned.
B) Ownership of Goods 1. All goods received from the Supplier remain the property of the Supplier and title does not pass to the Customer until all monies owing to the Supplier have been paid in full, including freight, penalty amounts and any incurred interest. 2. Until the Customer owns the goods, the Customer must ensure the goods and any kegs and pallets in which they are delivered are: a. Stored refrigerated, upright and in a dark place away from direct sunlight if goods are perishable. b.Protected against fire, theft, accident and malicious damage. You must pass to the Supplier the proceeds of any insurance claim in respect of the Supplier's goods, kegs and pallets.
C) Payment of Goods 1.Net 14 days from invoice unless otherwise granted by the Supplier. In the event payment is not received within agreed time frame from date of invoice, the Supplier may not further supply any goods to the Customer until payment is received. 2.In the event payment is not made by the customer in accordance with these terms, the supplier may choose to cease credit and all monies owing as at that date will become immediately payable. It is likely the debt will be referred to a debt recovery agency unless the Customer makes suitable payment arrangements with the Supplier. In the event the debt is listed with a debt recovery agency, it will incur a fee from total amount outstanding. A statement will be issued with the additional fee. 3. The Customer agrees to reimburse the Supplier for any costs associated with recovering debts not settled within the stated payment times. 4.The stated payment times are of the essence of these conditions and any additional time or other indulgence granted by the Supplier will not affect the strict rights of the Supplier pursuant of these Terms.
D) Additional Terms 1. The Supplier may amend these terms at any time and the amended terms will apply in respect of all transactions taking place following written notification of the amendments by the Supplier to the Customer. 2. The Customer authorizes and consents to the Supplier exchanging information with a credit reporting agency or other credit providers for the purpose of deciding whether or not to provide credit terms.
E) Signatory and Applicant's Acknowledgements 1. The Signatory on behalf of the Customer requests the Supplier to open an account in the Customer's name on the basis of the Supplier's trading terms and agrees to be bound by those trading terms and any amendments that may be made to them from time to time. The Signatory to this Application represents and warrants that: a.The information provided in this application form is true and correct and acknowledges that it may be relied upon the Supplier to determine whether to grant the Customer credit; b. He/she has full authority to complete this application on behalf of the Customer.