Yolla Co-Op Membership

PART A - APPLICANT CUSTOMER DETAILS
Entity Type*

Sole TraderPartnershipCompanyTrust
Name of Trustee (if the entity is a Trust)
First Applicants Full Name*

First NameLast Name
Address*

Street Address

CityState

Post Code
Date of Birth*

DayMonthYear
Date
Driver's License No.
Current Employer
Phone*
Format: (000) 000-0000.
Email*
example@example.com
Second Applicant (If Applicable)
Address*

Street Address

CityState

Post Code
Date of Birth

DayMonthYear
Date
Driver's License No.
Current Employer
Phone
Format: (000) 000-0000.
Email
example@example.com
Do you wish to trade as a business or as an Individual?*

BusinessIndividual
Trading Name / Registered Business Name
ABN
ACN
Postal Address
Business Address: (not PO Box)
Phone
Format: (000) 000-0000.
Mobile
Format: (000) 000-0000.
Fax
Name

First NameLast Name
Email
example@example.com
Requested Credit Limit
Has any Director / Partner / Owner previously been declared bankrupt, or been involved in a Yes company which has been placed into liquidation or administration or insolvency?*

NoYes
Main Business Activity*

DairyBeefCroppingLifestyleMixed LivestockContractorOther
Please provide details of the size of the land owned or leased by the applicant:*

N/ALess than 50 Ha50 Ha & 150 Ha150 ha to 500 ha> 500 Ha
What products are of interest to the applicant

Bulk Stock feedFuelFertiliserRural MerchandisePetcareInsuranceChemicalsHome, Garden and Hardware
We would like to send you information and offers via email, text message, phone or mail. Your consent can be withdrawn at any time. We will never sell your information to other companies for marketing purposes. Please identify which channels you would prefer us to use.

PostEmailTextTelephoneAll Channels
CUSTOMER DECLARATIONS, ACKNOWLEDGEMENTS AND EXECUTION
Credit Reporting: I/we acknowledge that certain items of information in this application and credit facility (if approved) may be disclosed to a credit reporting agency. I/We authorise you to obtain consumer and/or commercial information permitted by the Privacy Act from a credit reporting agency and use such information in order to assess this application for credit. This authority remains in force for the duration of this credit contract if this application is approved. I/we hereby authorise you to seek and obtain a credit worthiness check from the credit providers indicated in this application or named in my/our credit agency report. Subject to the provisions of the Privacy Act, I/we acknowledge that certain information about my/our credit facility may be exchanged with other credit providers to assist with the management of my/our credit arrangement. End User: I/we I am the end user of the products that I purchase from Yolla Producers Co-operative Society. Guarantee of Debts: I/we will be personally responsible for all debts incurred in my/our name or in the company’s name. I/we agree to pay administration charges, legal and collection costs incurred by Yolla Producers Co-operative Society Ltd if the account is not paid by due date. Admission: Hereby request that I/we may be admitted as a member of the above Society and that one share of one dollar by issued to me/us. I/we undertake, if admitted, to be bound by the rules for the time being of the Society and on receipt of notification of admission to pay on demand the sum of one dollar in respect of the share issued to me.
Annual membership fee $260+GST

Who must sign:
Company – if there is only one director then that person must sign, otherwise either two directors or one director and one company secretary must sign.
Sole traders – the individual must sign.
Partnerships – all partners must sign.
Signature First Applicant*
Signature Second Applicant (if Applicable)
Date Accepted*

MonthDayYear
Date
Do you wish to apply for a commercial credit account from Yolla Producers Co-operative Society Ltd (Yolla Producers)

YesNo
Commercial Credit Acknowledgement
I/We hereby apply for a commercial credit account from Yolla Producers Co-operative Society Ltd (Yolla Producers). I/We warrant that the information provided in support of this application is true, correct, and complete and that the signatory/ies to this application are authorised to sign this application on behalf of the Customer. I/We acknowledge that Yolla Producers has the right to terminate this agreement and the commercial credit account at any time. Yolla Producers has the right to request updated information at any time and failure to provide the requested information may result in the termination of the commercial credit account. If there is any change in or variation to the information provided by the Customer in this application to Yolla Producers or in the structure control or ownership of the Customer’s business (such as a conversion from a company or a trust), the Customer will notify Yolla Producers in writing. Unless notification of such change or variation is given, the original Customer and those persons who signed this application will remain liable to Yolla Producers as though the good and services supplied by Yolla Producers were supplied to the original customer. I/we hereby agree to be bound by the Credit Facility Terms and Conditions which are attached to this application and acknowledge and agree that Yolla Producers may change these from time to time by notice in writing and that the amended terms and conditions will apply from the date of their dispatch whether this is by post or other means including posting to the website of Yolla Producers. I/We acknowledge having read the Credit Facility Terms and Conditions, including the notice and authorities required by the Privacy Act 1988 (as amended). Commercial credit acknowledgement I/We declare that the Credit to be provided to me/us by Yolla Producers is to be applied wholly or predominantly for business or investment purposes (or for both purposes). Important: You should not sign this Declaration unless this Credit Facility is wholly or predominantly for business or investment purposes. By signing this Declaration, you may lose your protection under the Consumer Credit legislation. If you are unsure what you are signing you should seek independent advice.
First Applicant Name
Signature First Applicant
Second Applicant Name (If Applicable)
Signature Second Applicant (If Applicable)
Terms and Conditions
Terms 1.1 These terms and conditions and any Terms and Conditions for Deferred Payments shall collectively apply (called “Terms and Conditions”) if Yolla Producers provides the Customer with a Credit Facility. 1.2 No terms and conditions stated by the Customer in accepting or acknowledging this application or modification to any of the Terms and Conditions shall be binding upon Yolla Producers unless accepted in writing by Yolla Producers. 1.3 Yolla Producers is under no obligation to make Credit Facilities available to the Customer and may cancel the Credit Facility or reduce the credit limit at any time in accordance with this Agreement. Payment 2.1 Payment for goods must be made to Yolla Producers in cleared funds before goods are delivered unless the Customer has an approved Credit Facility. 2.2 If a Credit Facility has been established, unless otherwise expressly agreed in writing, the Customer must pay Yolla Producers for goods without deduction or set-off within 30 days from the end of the month in which the goods were delivered or by the due date for deferred payments. Default Event A Default Event occurs if the Customer fails to pay any monies owing after the date for payment, the Customer exceeds the Credit Limit imposed or the Customer otherwise breached the Terms and Conditions. Termination 4.1 If a Default Event occurs: (a) Yolla Producers may terminate the supply of goods and services on credit; (b) all monies become due and payable; (c) Yolla Producers may exercise any rights that it has under the relevant agreement; and/or (d) Yolla Producers may terminate this Credit Facility. Costs All costs, expenses and disbursements incurred by Yolla Producers (including debt collection agency fees and legal costs) arising from or incidental to Yolla Producers exercising a right under these Terms and Conditions or from a Default Event are payable by the Customer on demand. Changes to the Terms and Conditions Yolla Producers reserves the right to change the Terms and Conditions at any time and the Customer acknowledges and agrees that written notice to the Customer given by ordinary mail is deemed to be sufficient notice of any change and will bind the Customer in respect of any supply of Goods after the date of deemed notification. Force majeure Yolla Producers is not obliged to perform any obligation pursuant to these Terms and Conditions to the extent and for the period that, by reason of any fact, circumstance, matter or thing beyond Yolla Producers’ control, Yolla Producers is unable to perform, in whole or in part, that obligation. Law and jurisdiction The Terms and Conditions are governed by and will be construed in accordance with the laws of Tasmania and the parties consent to the jurisdiction of the Courts of Tasmania. Severability If any part of the Terms and Conditions or any related document is or becomes void or unenforceable that part is severed to the extent that it is void or unenforceable only so that all parts which are not void or unenforceable remain in full force and effect and be unaffected by any such severance. Notice 10.1 In addition to effective service pursuant to any statute, any notice or other communication in writing to the Customer at the address on this application (or such other address authorised by law) will be deemed to have been duly served on and received by the Customer if it is: (a) delivered, when it is left at the relevant address; (b) sent by post, 1 day after it is posted; (c) sent by fax, as soon as Yolla Producers receives from Yolla Producers’ fax machine a report of an error free transmission to the Customer’s fax number. 10.2 Any notice or communication may be effectively given by Yolla Producers or its solicitors. GST 11.1 The Customer shall pay all government duties, imposts, GST and other indirect taxes in respect to the goods sold or services provided. 11.2 ‘GST’ means GST within the meaning of the A New System (Goods and Services Tax) Act 1999 as amended from time to time. 11.3 Unless specifically stated otherwise all amounts expressed or described are GST exclusive amounts. 11.4 If any GST is payable by Yolla Producers in respect of the supply of goods or the provision of services to the customer then the amount expressed or described herein (‘Original Amount’) is to be increased so that Yolla Producers receives an amount (‘Increased Amount’) which, after subtracting the GST liability of Yolla Producers on that Increased Amount, results in Yolla Producers retaining the Original Amount after payment of that GST liability. 11.5 Yolla Producers will do all things reasonably available to it (including issuing tax invoices) to assist the Customer to claim input credits (if any) in respect of the supply of the goods and services Interest Yolla Producers may charge the Customer interest calculated on a daily basis and compounded monthly on overdue amounts from the due date of payment to the date of actual receipt of payment at an interest rate which is 18% per annum. Credit card payments All amounts paid by the Customer under this Agreement by credit card will incur a credit card service charge. Full details of the credit card service charge are set out on the invoice provided to the Customer. Miscellaneous 14.1 If the Customer is more than one person, each person shall be jointly and severally liable to Yolla Producers. A failure by any party to execute, or to properly execute, or to be bound by, any order or this application shall not relieve any other party of liability under the Credit Facility. 14.2 In any legal proceedings a Certificate signed by Yolla Producers or by its authorised officer or solicitor shall be conclusive evidence of the amount owing by the Customer at the date of such Certificate. 14.3 In this Agreement unless the contrary appears: (a) the singular includes the plural and vice versa and the masculine shall include the feminine; (b) all reference to Yolla Producers includes its assigns; (c) all reference to the Customer includes its executors and administrators. Warranties The Customer warrants that it is able to pay its debt as and when they fall due. Waiver Yolla Producers’ failure to exercise any right or power does not operate as a waiver and does not preclude any further exercise of the right or power. Statements Yolla Producers will provide a monthly statement to the Customer if there is an outstanding balance at the end of that month. The Customer must notify Yolla Producers of any dispute in relation to the statement within 7 days of receipt of the statements. Trustee If the Customer is a trustee of a trust the Customer warrant that the trust contains a right of indemnity with recourse to the assets of the trust and the trustee will not modify or amend the right of indemnity in the trust deed without Yolla Producers written consent. Quotations 19.1 Any quotation or estimate or price given by Yolla Producers is not an offer to sell or contract, and no order given to Yolla Producers following a quotation, estimate or price, or otherwise will bind Yolla Producers until it is accepted by Yolla Producers in writing, in its absolute discretion. 19.2 All quotations, estimates and prices are subject to withdrawal or variation by Yolla Producers at any time prior to acceptance of an order by Yolla Producers. 19.3 Yolla Producers will nevertheless endeavour to supply in accordance with prices and conditions of the quotation. 19.4 Prices are subject to the Customer’s order being for the whole amount mentioned in the quotation. Delivery 20.1 Delivery of the goods will take place at Yolla Producers’ premises. If the Customer request, and Yolla Producers agrees, the goods may be delivered at a place other than at Yolla Producers’ premises and the Customer must then pay all costs and expenses incurred, or to be incurred, in connection with that delivery and the Customer agrees to and must indemnify and hold harmless Yolla Producers from any claim arising from, in connection with, or as a consequence of such delivery. 20.2 The delivery times, if any, made known to the Customer are estimates only and Yolla Producers is not liable for any loss, damage or delay occasioned to the Customer or its customers arising from late delivery or non-delivery. 20.3 In cases where Yolla Producers accepts responsibility for delivery, the Customer will be responsible for immediate examination of the goods after arrival at the destination and in the event of any goods arriving in a damaged condition must report the matter in writing to Yolla Producers. No claim for goods damaged in transit will be entertained unless made within 3 days after arrival at destination. Unless expressly agreed, the responsibility of Yolla Producers ceases on goods being delivered to the transportation company or depot. 20.4 The Customer waives any claim for shortage of any goods delivered if a claim in respect of short delivery has not been lodged with company within 7 days from the date of receipt of the goods by the Customer. 20.5 The cost of any special packing and packing materials used in relation to the goods are at the Customer’s expense notwithstanding that such cost may have been omitted from any quotation. Insurance Insurance is not included in quotations. In the absence of specific instructions to the contrary, Yolla Producers may insure the goods against transit marine war risk (insofar as cover can be obtained) and the cost of such insurance will be charged to the Customer’s account. Liability 22.1 Except to the extent implied by law, or as set out elsewhere in these terms, Yolla Producers gives no express warranty in relation to goods sold and supplied to the Customer and the Customer acknowledges that it has not relied on any representation or warranty made by or on behalf of Yolla Producers. 22.2 Yolla Producers will notify the Customer of any applicable manufacturer’s warranty in relation to the goods, to the extent permitted by law, Yolla Producers’ entire responsibility with respect to any warranties for the goods is to pass onto the Customer the benefit of any such manufacturer’s warranty. To the extent permitted by law, the manufacturers’ warranties are in substitution for all other terms, conditions and warranties, whether implied by statute or otherwise and such terms, conditions and warranties are expressly excluded. 22.3 Certain legislation may imply conditions and warranties into these terms, to the extent that any conditions and warranties can be excluded lawfully, all such conditions and warranties are excluded. The liability of Yolla Producers under or arising out of the sale and supply of Goods, for breach of any term, condition or warranty implied in or imposed upon the sale or supply of goods or services by law is limited, at the option of Yolla Producers: (a) to the replacement of the goods or supply of equivalent goods: (b) to the repair of the goods: (c) to the payment of the cost of replacing the goods or of acquiring equivalent goods; or (d) the payment of the cost of having the goods repaired; 22.4 Except as expressly provided above, Yolla Producers is not under any liability to the Customer in respect of any loss or damage (including in negligence, consequential loss or indirect loss of damage or loss of profits) howsoever caused which may be suffered or incurred or which may arise directly or indirectly in respect of the goods or the failure of Yolla Producers to comply with these terms. Passing of ownership and risk 23.1 Ownership in the goods sold does not pass to the Customer until all monies owing under this Agreement and in respect of all other goods supplied by Yolla Producers to the Customer and all debts owing by the Customer to Yolla Producers have been paid for in full. 23.2 The Customer agrees that goods will be dealt with at all times on a “first in first out” basis and acknowledges that a certificate signed by Yolla Producers or by its authorised officer or its solicitor identifying goods as unpaid for shall be conclusive evidence that the goods have not been paid for and of Yolla Producers’ title thereto. 23.3 Until monies due for all goods supplied are paid for in full the Customer will act in a fiduciary capacity to Yolla Producers. 23.4 Yolla Producers reserves the following rights in relation to the goods until all accounts owed by the Customer to Yolla Producers are fully paid: (a) ownership of the goods; (b) to enter the Customer’s premises (or the premises of any associated company or agent where the goods are located) without liability for trespass or any resulting damage and retake possession of the goods; and (c) to keep or resell any goods repossessed pursuant to (ii) above. 23.5 If the goods are resold, or products manufactured using the goods are sold, by the Customer, the Customer shall hold such part of the proceeds of any such sale as represents the invoice price of the goods sold or used in the manufacture of the goods sold in a separate identifiable account as the beneficial property of Yolla Producers and shall pay such amount to Yolla Producers upon request. 23.6 Notwithstanding the provisions above Yolla Producers is entitled to maintain an action against the Customer for the purchase price and the risk of the goods shall pass to the Customer upon delivery. 23.7 Risk in any goods hereby sold shall pass to the Customer upon delivery notwithstanding that ownership may not have been passed. Personal Properties Security Act 24.1 You acknowledge and agree that you grant Yolla Producers a Security Interest in any goods and their proceeds including any accounts and accession by virtue of clause 23. 24.2 You agree that: (a) these Terms and Conditions, or subject to us giving you at least 30 days notice such other terms and condition as Yolla Producers may adopt from time to time, apply to the supply of goods by Yolla Producers to you to the exclusion of all other terms and conditions of sale or purchase; (b) No variation to our terms and conditions of sale will be of any effect unless agreed to by Yolla Producers in writing; (c) The goods supplied by Yolla Producers secure the payment of the purchase price of those goods supplied by Yolla Producers; (d) You will do all the things necessary including providing all information we require to register a Financing Statement or Financing Change Statement on the Personal Properties Securities Register (PPSR) as a Security Interest and a Purchase Money Security Interest pursuant to the PPSA; (e) You will not change your name, ACN or ABN or other details required on the PPSR with our first notifying us; (f) You waive your rights to receive a verification statement in respect of any Financing Statement or Financing Change Statement in respect of the Security Interest created pursuant to these terms and conditions. (g) You must pay Yolla Producers costs of any discharge or necessary amendment of any Financing Statement or Financing Change Statement. 24.3 To the maximum extent permitted by law, you agree that the following sections of the PPSA will not apply section 130, section 142 and section 143. 24.4 To the maximum extent permitted by law, you waive any rights you may have pursuant to and hereby contract out of the following sections of the PPSA, section 95, section 123, section 129(2), section 132, section 134(2) and section 135 24.5 Unless otherwise defined in these Terms and Conditions the terms and expression used in this clause have the meaning given to them or by virtue of the PPSA 24.6 PPSA means the Personal Properties Securities Act 2009 CUSTOMER CONSENT I/we agree that Yolla Producers may: 1 obtain a consumer credit report containing information about me/us from a credit reporting agency for the purpose of: • assessing my/our application for commercial credit; • collecting overdue payments relating to commercial credit owed by me/us. 2 give to a person who is currently a guarantor, or whom I/we have indicated is considering becoming a guarantor, a credit report containing information about me/us: • for the purpose of the named guarantor deciding whether to act as guarantor; and/or • to keep a guarantor informed about the guarantee. 3 exchange information about me/us with other credit providers named in this application or named in a consumer credit report issue by a credit reporting agency for the following purposes: • to assess an application by me/us for credit; • to notify other credit providers of a default by me/us; • to exchange information with other credit providers as to the status of this credit facility where I am/we are in default with other credit providers; • to assess my/our credit worthiness. I/we understand that the information exchanged can include anything about me/our credit worthiness, credit standing, credit history or credit capacity that credit providers are allowed to exchange under the Privacy Act. I/we understand that the information exchanged can include anything about me/our credit worthiness, credit standing, credit history or credit capacity that credit providers are allowed to exchange under the Privacy Act.
First Applicant Name
First Applicant Signature
Second Applicant Name (If Applicable)
Second Applicant Signature (If Applicable)
PART E – GUARANTEE AND INDEMNITY – ONLY FOR COMPANIES OR CORPORATE TRUSTEE
(“the Guarantors”) agree to enter into this Deed of Guarantee and Indemnity for ourselves and our respective Executors and Administrators. 1 We do: 1.1 jointly and severally guarantee the due and punctual payment by the Customer to Yolla Producers of all sums due and payable on any account whatsoever as and when they may become payable from time to time (hereinafter collectively called "the sums hereby secured"); 1.2 jointly and severally guarantee the due and punctual observance and performance by the Customer of all its other liabilities, obligations and agreements (whether monetary or non-monetary, present or future, actual or contingent) to Yolla Producers pursuant to or in connection with any agreement, security or instrument; 1.3 covenant with Yolla Producers that we will at all times jointly and severally indemnify and keep indemnified Yolla Producers from and against all losses, damages, costs, sums of money, charges and expenses whatsoever which Yolla Producers may suffer or incur by reason of the non-performance or non-observance by the Customer of any covenant, provision or stipulation of the Credit Application or the failure by the Customer to pay Yolla Producers the money hereby secured. 2 Our liability will not be abrogated, prejudiced or affected by: 2.1the granting of a credit facility or any indulgence or other concession to the Customer or to us or to any person liable with the Customer; 2.2 any compounding with the Customer, us or any person liable with the Customer, any compromise, abandonment, waiver, variation, relinquishment or renewal of any securities, documents or title or assets or any of the rights of Yolla Producers or anything done or omitted or neglected to be done by Yolla Producers’ exercise of the authorities, powers and discretions vested in it by any dealing or thing which but for this provision might operate to abrogate, prejudice or affect this guarantee and indemnity; 2.3 Yolla Producers obtaining a judgment against the Customer in any Court of competent jurisdiction for payment of the whole or any part of the moneys hereby secured; 2.4 Yolla Producers assenting to any assignment by the Customer for the benefit of creditors or to any deed or scheme of arrangement or deed of composition under the bankruptcy laws; 2.5 any other person or corporation giving a guarantee of the Customer’s indebtedness to Yolla Producers; 2.6 failure of either the Customer or us to provide any security which ought to be provided to Yolla Producers; 2.7 we or any of us becoming insolvent or bankrupt subjected to any similar process; 2.8 reason of any security held or taken by Yolla Producers to secure the Customer’s or our indebtedness being void, defective or informal; 2.9 any other fact, circumstance or thing whatsoever, but for this provision, could or might operate to abrogate, prejudice, affect or discharge (either in whole or in part) this Guarantee. 3 This guarantee and indemnity is a continuing guarantee and indemnity and shall remain in force until Yolla Producers has received the full amount for which we are liable hereunder. 4 This guarantee and indemnity is a principal obligation and will not be treated as ancillary or collateral with any obligation however created and in particular will be independent of any other security to the intent that the guarantee and indemnity will be enforceable against us without first taking any steps or proceedings against the Customer or any person liable with the Customer and notwithstanding any delays, acts or omissions on the part of Yolla Producers. 5 Yolla Producers may determine from time to time when it shall enforce or refrain from enforcing the guarantee and indemnity. 6 A certificate signed by Yolla Producers or by its authorised officer or solicitor stating the amount of moneys secured and due and payable to Yolla Producers by the Customer will be conclusive evidence of the Customer’s indebtedness to Yolla Producers as at the date of the certificate. 7 In the event of the liquidation of the Customer we will not be entitled to prove in such liquidation or bankruptcy in competition with Yolla Producers. We authorise Yolla Producers to prove for all moneys owing to us by the Customer and not paid and to retain and carry to a suspense account and at the discretion of Yolla Producers to appropriate amounts received in respect thereof until Yolla Producers has received one hundred cents in the dollar in respect of moneys owing to us by the Customer. We waive in favour of Yolla Producers all rights whatsoever against Yolla Producers and the Customer and any other person, estate and other assets so far as necessary to give effect to anything contained in this guarantee and indemnity. 8 This guarantee and indemnity shall not prejudicially affect or be prejudicially affected by any other security or guarantee now or hereafter held by Yolla Producers for any moneys in respect of which this guarantee and indemnity has been given but such other security or guarantee shall be deemed to be collateral herewith. We will not as against Yolla Producers in any way claim the benefit or seek the transfer of any security or any part thereof. 9Our liability hereunder shall extend to all amounts which Yolla Producers has been paid by the Customer but which Yolla Producers is obliged to repay on the ground of preference or otherwise. 10 Yolla Producers shall not take any action to enforce the guarantee and indemnity until the expiration of 7 days from the service of a demand in writing to the guarantors. 11 A demand on us will be effective even if the indebtedness of the Customer may be barred by some statute of limitations and any demand or notice to be given to us under this Guarantee and Indemnity will be deemed to have been given if the demand or notice is in writing and left at or sent by ordinary prepaid letter to our respective addresses shown above and each demand or notice shall be deemed to have been received by us on the day of being left or if posted on the day following the posting. 12 In this Guarantee and Indemnity unless the contrary appears: 12.1 the singular includes the plural and vice versa and the masculine shall include the feminine; 12.2 all reference to Yolla Producers includes its assigns; 12.3 all reference to the "Guarantors" shall include their respective executors and administrators.
First Guarantors Name
First Guarantors Signature
Second Guarantors Name
Second Guarantors Signature
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PART A - APPLICANT CUSTOMER DETAILS