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Account Application

LUFEMA PTY LTD | ABN 96 600 715 679
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Please give references of other suppliers that offer you credit*

	Company	Contact Name	Phone/Email	Years in partnership
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I warrant to Lufema Pty Limited:

1. that the above information is to the best of my knowledge, information and belief true and correct; and

2. that I have carefully read and agree to be bound by the terms and conditions as printed overleaf; and

3. that I am duly authorised to make this credit account application on behalf of the applicant and of anyone duly authorised to enter into future contracts on behalf of the applicant.

In this document, “you” and “your” refers to the customer and “we”, “us” and “our” refers to Lufema Pty Limited ABN 96 600 715 679.

1. What is the purpose of this agreement?
1.1 This document sets out the terms that apply to each sale of our goods that we make to you.

2. What do we do with the information we collect about you?
2.1 We use your information solely for the purpose of assessing whether or not to sell goods to you on credit terms and to enforce such terms where necessary. If you notify us that you have ceased trading with us and if all monies due to us have been paid, we will delete your information from our records.

3. What is the price?
3.1 The price is the amount in the written order you must submit to us, which order takes effect only after we have notified you in writing of acceptance of the order.

3.2 If no price is stated in writing, the price is the price which we generally charge for similar goods.

3.3 The price may include certain expenses as set out in the order or when we accept your order.

3.4 We may require a deposit or set other conditions when accepting an order, in which case the order will not be fulfilled until after payment of the deposit or fulfillment of the other conditions.

4. When and how do you pay us?
4.1 You must pay us for the goods we deliver to you in accordance with the payment terms specified in the invoice.:

4.2 Interest on any amount you owe after the due date will accrue at a rate of 2.5% per month or part month from the due date until payment;

4.3 If as a condition of our credit terms we require you to provide us details of a credit or debit card, you agree we may utilise those details to receive payment of any due monies. We may impose an additional charge equivalent to the amount we will be charged by the credit card company.

4.4 You agree to us allocating or reallocating any payment received from you towards any invoice. If no allocation is made then the payment will be credited against the earliest dated invoice.

4.5 If you fail to pay us in accordance with the payment terms, and we instruct a legal representative to recover payment, then you must pay our legal costs on a full indemnity basis.

5. What warranties apply?
5.1 We warrant that the goods we supply will materially conform to any sample we provide to you and that the goods will have no defects that render the goods unfit for the purpose of resale.

5.2 You acknowledge and agree that you are purchasing our goods for the purpose of resale by you.

5.3 We are not liable for any delay or failure to perform our obligations if the cause is beyond our control.

5.4 If you return goods to us because of any defect, we may repair or replace the goods or accept the return and credit your account at our discretion. You will be responsible for the cost of returning any goods that are not defective as well as for the costs of us returning those goods to you.

5.5 You agree that samples of products shown to you may immaterially vary from products delivered to you.

6. Can you copy our designs?

6.1 If you copy any of the designs of any of our goods, or engage or facilitate any third party to copy any of the designs of any of our goods, we may clam from you an amount equivalent to any profits you make from the sale of the copies of our designs.

7. When are the goods delivered?
7.1 Delivery of ordered goods is complete when we or our agent leave the goods on your premises.

7.2 We may make partial deliveries of goods listed in one order or invoice.

7.3 We are not liable for any deliveries that are delayed beyond any times you might specify.

8.   When may either you or us cancel any order?
8.1   We have the right by notice to suspend or cancel the whole or any part of any order if:

(a)          you fail to pay any sum to us by the due date;

(b)          there is any change in the holders of any shares in your capital, to which we have not previously consented in writing;

(c)          any of your creditors seize or indicate they will seize any goods delivered to you;

(d)          you fail to pay any of your debts as they become due;

(e)          a receiver or administrator is appointed over your assets or a landlord takes possession of your retrial premises;

(f)           a court judgment is entered against you and remains unsatisfied for seven (7) days;

(g)          you breach any of these terms; or

(h)          we, acting reasonably are of the opinion that you will be unable to pay for the goods by the due date.

8.2   Cancellation or suspension will not affect our claims for any amount due at the time of cancellation or suspension

8.3   If you seek to cancel any order after more than 7 days after the order date, we may, at our discretion, refuse to accept such cancellation or we may require you to pay an amount equivalent to the amount we are committed to pay to our supplier by reason of the late cancellation.

9. What else are you agreeing to?

9.1 If we fail to enforce any of these terms it will not be deemed to be a waiver of any of any other rights or obligations under any of these terms.

9.2 If any of these terms are determined to be invalid, void, illegal or unenforceable, the validity and enforceability of the remaining terms will not be affected.

9.3 Your rights and obligations under these terms may not be assigned without our prior written consent. Unless you are a listed public company, any sale of any shares in your capital is deemed to be an assignment of your rights and obligations under these terms.

9.4 These terms are governed by the laws applicable in New South Wales. Any dispute arising under or in connection with these terms, or the performance of any of these terms, shall be determined by the courts sitting in Sydney, New South Wales, which courts you agree are a convenient forum for hearing any such disputes. You agree you will not object to the jurisdiction of any of such courts to determine any such disputes.

9.5 We may change any or all of these terms by notifying you in writing of any such changes. Any such changes will apply only to orders placed and sales made after the date of our notification to you.
We warrant that all the above information is true and correct and understand that you rely on the truth and accuracy of such information in deciding whether or not to sell goods to the above customer on credit terms. We acknowledge having read the terms and conditions that accompany this application, which terms may also be found at www.lufema.com.au/terms-conditions, and that these terms apply to all orders submitted by, and sales made to, the above customer. As the directors of the customer and in consideration of you supplying goods to the customer on credit terms, we hereby jointly and severally guarantee the due payment of all moneys which are or may become owing to you and we jointly and severally unconditionally and irrevocably indemnify you, as a debt due to you, in respect of all and any loss and liability (including legal costs on a full indemnity basis) arising from the above customer failing to pay any monies when due.
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