BURLEIGH BARRELS

Project Bravo Brewing Services

ABN: 56 636 993 845

U8 109 West Burleigh Road Burleigh Waters, QLD, 4220 Email: accounts@burleighbarrels.com.au

Credit limits will be evaluated on a case by case basis and determined at our discretion.

PLEASE NOTE: By submitting this application, you authorize Burleigh Barrels to make inquiries into the business/trade references that you have supplied.

All credit terms are calculated start from invoice date.

Please be advised that for all credit account application may take 14 days to verify and approve, and before the approval is granted, customers are required to pay COD during waiting period, if you have any concern or query, kindly contact our accounting team via accounts@burleighbarrels.com.au

1.The applicant hereby apples to the Company ("the Company" meams Project Bravo Brewing Services Pty Ltd) for a trading account as indicated in this application and certifies that the information contained herein is true and complete in every particular.

2. The applicant hereby authorizes the Company to make any inquiries and receive any information, for which authorization is required under the Privacy Act (1988) ("the Act"), with regard to this application and,

2.1 acknowledges that under Sections 18E(8c) and 18E(1) of the Act. the Company is permitted to give a credit reporting agency information about the trading account application and to notify a credit reporting agency of defauts or the status of the account, including identify particulars and the amount of the application and advise when the Company is no longer a current credit provider to the applicant.

2.2 agrees: a. that in accondance with Section 184,4) of the Act. if the Company considers it relevant assessment of the application for personal credit, the Company may obtain a report about the commercial activities, if any, from a business which provides information of the nature. b. that in accordance with Section and 18N(1a) of the Act. the Company may, (if this application is for commercial credit) obtain from a credit reporting agency a credit report containing personal credit information. And this information may be used for assessment of a credit application, for notifying other credit providers of a defaut and for exchanging information with other credit providers.

3. The applicant must ensure that the account issued is available only to those of the employees authorized to use il The applicant will be liable for all orders requested with the quotation of the account

4. The Company may withdraw credit facilities from the applicant at any time without notice. Without limiting the Company's rights to withdraw credit, the Company reserves the right to stop supply and place the account on hold.

5. Should it be considered necessary by the Company to incur legal and/or other expenses (including commercial agent and private inquiry agent fees) in enforcement of the its rights or in obtaining or attempting to obtain payment of any amount due by the applicant in consideration of the granting of credit, The applicant expressly undertakes to be liable for and remburses the Company onan indemnity basis the whole amount of such expenses and fees.

6. If the Company determines that this Agreement (or a transaction in connection with to is or contains a security interest or transitional security interest for the purposes of the Personal Property Securities Act 2009, then the conditions in this clause will apply to the agreement and related transactions.

7. The applicant agrees to grant a purchase money security interest in the Goods and all future Goods supplied by the company. Purchase money security interest has attached to all Goods now or in the future suppled by the Company.

8. The Company is not obliged to give the applicant any notice or provide copies of any documents under the Personal Property Securities Act 2009 (induding notice of a verification statement) unless the notice is required by the Personal Property Securities Act 2009 and cannot be excludedand the applicant consents to the waiver of the requirement for the notice or copies of any documents under this clause.

9. The applicant acknowledges that a. Property and all title in the goods supplied will remain wholly vested in the Company until all amount owing to the Company together with all collection and repossession and legal costs incurred and applicable taxes have been paid in ful. b.Until payments are made in full, the applicant will hold the goods supplied as a ballee for and on behalf of the Company. c. All payments the applicant may receive for goods supplied will be held in trust for the Company pending payment thereof to the Company. d. In the event that the applicant fails to pay any amount owing to the Company when due and payable, the Company will be entitled forthwith and without notice to repossess all goods supplied by the Company in the possession of the applicant and retake possession of the goods held by the applicant as aforesaid. The applicant must forthwith account and make payments to the Company of all and any amount held by it in respect to the proceeds of the sales of the goods. e.Any claims arising from outstanding payments must be made within seven (7) days. The Company shall have the right to chargea monthly interest of 1.0% on any outstanding payments.

10. The applicant agrees that these Terms and Conditions apply to all contracts for the sale of products by the Company, to the applicant notwithstanding any conditions to the contrary in any purchase order.

11. Every care is taken to ensure that the products supplied by the Company are in good usable condition. No claim to the contrary will be entertained unless in writing by the applicant within seven (7) days of delivery.

12. The limit of any claim against the Company shall be the invoice price, for the product/s the cause and in particular no claim for consequential loss will be recoverable against the Company.

13. The applicant agrees that this agreement and any claim or dispute between the Company, the Customer or any of us shall be governed by the law applicable in the State of Queensland Australia and submit to the jurisdiction of the appropriate Court nearest.

 

THE APPLICANT HAS READ AND UNDERSTOOD THE TERMS AND CONDITIONS AND HAS BEEN ADVISED, AND GIVEN OPPORTUNITY, TO SEEK INDEPENDENT LEGAL ADVICE.

(the undersigned) being the Proprietor or Director of

 

have read, understood and hereby agree to be bound by these terms & conditions.

THIS IS A LEGAL DOCUMENT. PLEASE SEEK LEGAL ADVICE BEFORE SIGNING THIS DOCUMENT IF YOU ARE IN ANY DOUBT AS TO ITS EFFECT AND MEANING.

 

B. TO: Project Bravo Brewing Services Pty Ltd (here in after referred to as "the Company")
1. We guarantee payment to you of all monies and performance of all obligations including any past, present and future indebtedness or obligation by the Customer (as named in the "Credit Application" and which forms a part of this document) or any of us arising from any past, present or future dealing with you.
2. We indemnify you against all loss or damage arising from any past, present or future dealing with the Customer or any of us.
3. We agree:
a. That this is a continuing guarantee and that our liability under this guarantee is joint and several and will not be affected, walved or discharged by the reason of any time or indulgences granted by you and,
b. That our liability under this guarantee shall not be affected, walved or discharged by the Customer entering into a Deed of Company Arrangement (DOCA) or by the Company voting in favor of or against, or abstaining from voting, in relation to any proposal by the Customer to enter a DOCA and,
c. That this guarantee becomes binding on such of us that sign this guarantee irrespective of whether or not all intended signatories execute this guarantee and,
d. That the Company is entitled to recover against a Guarantor without having first taken steps to recover against the Customer or any other Guarantor and,
e. That this guarantee may only be revoked as to future trading with the Applicant and any notice of revocation may only be given by pre-paid registered mail delivered to US 109 West Burleigh Road Burleigh Waters 4220 and shall not become effective until the expiration of 14 days from the date of posting.
f. That any payment which is subsequently avoided by any law relating to insolvency shall be deemed not to have been paid and,
g.That we sign in both our personal opacity and as Trustee of every Trust of which we are Trustee and/or a beneficiary and,
h.To notify you of any change in the Customer's structure or management including any sale or disposition of any part of the business of the Customer, any change in directorships, shareholders or management or change partnership or trusteeship within 7 days of the date of any such change.
4. The provisions of Clause 4a shall apply to a Guarantor who is a natural person and shall not apply to a Guarantor that is a corporation 
a.As a separate and additional obligation, the Guarantor hereby charges all of their respective property, both real and personal, with the amount of money secured The Guarantor mortgages and charges to and in favour of the Company all right, title, estate and interest which the Guarantor now holds or may hereafter acquire and hold in any real or personal property. The Guarantor hereby appoints the Company and any of its duly authorized officers to sign all documents (including mortgages and transfers incorporating the usual terms, conditions and covenants to protect the interest of the Company) on its behalf as the Company may require to record the charge over the Guarantor's real and personal property, and if necessary to sell the Guarantor's real and personal property to repay the money secured. We further agree that this agreement and any claim or dispute between the Company, the Customer or any of us shall be governed by the law applicable in the State of Australian Queensland and submit to the jurisdiction of the appropriate Court nearest.
A.DEFINITIONS: "We" and "us" means each of the Guarantors jointly and severally. "You" and "your" and "the Company" means Project Bravo Brewing Services Pty Ltd.
I/WE HAVE READ AND UNDERSTOOD THE GUARANTEE AND INDEMNITY AND HAVE BEEN ADVISED, AND GIVEN OPPORTUNITY, TO SEEK INDEPENDENT LEGAL ADVICE.