TRADING TERMS AND CONDITIONS
1/ We authorise Diamond Globe Pty Ltd to make enquiries as to the credit and financial standing of the applicant and / or the owners / directors / partners of the applicant as required to establish and maintain this 30-day trading account 1/ We, the undersigned proprietors and / or directors, do hereby personally guarantee to pay. when called upon, any monies owing to Diamond Globe Pty Ltd. 1/ We agree to be bound by the terms and conditions as set out in this application form
Note: All Owners / Directors / Partners are to sign and date this application
1. By accepting our merchandise, you are accepting our trading terms and conditions.
2. Terms are STRICTLY 30 DAYS from the date of the invoice.
3. Overdue accounts are automatically placed on hold and orders are not supplied until payment is received in full.
4. Title of goods shall not pass to the purchaser until the goods have been paid for in full.
5. Diamond Globe Pty Ltd reserves the right to refuse credit at any time without notice.
6. Returns must be authorized by Diamond Globe Pty Ltd and are not accepted after seven (7) days from date of receipt unless prior arrangement has been made in writing
7. A Credit Note will not be issued until goods are received back into our warehouse.
8. Accounts with less than $500 purchases per month, will automatically be allocated a COD (cash on delivery) account status and goods must be paid for in full when ordering or receiving delivery.
9. Any cost incurred by action taken to recover monies overdue for payment will be paid by the customer.
Property and Title in Goods Supplied on Credit
1. Property and title in Goods supplied to the Company in accordance with the Credit Application, do not pass to the Company, until all money including money owing in respect of other transactions between Diamond Globe Pty Ltd (Diamond Globe) and the Company, which is due and payable to Diamond Globe by the Company have been fully paid.
2. If the Company does not pay Diamond Globe the amount the Company owes it for the Goods when due, Diamond Globe may re-take possession of the Goods, including without limitation by entering any land or premises for the purpose of re-taking possession.
3. The Company will be deemed to have accepted the terms of this clause by placing an order for any Goods, taking or accepting delivery of any Goods, or using any Goods whether or not the Company acknowledges or signs any order form or terms of trade.
4. The interest of Diamond Globe in the Goods and all proceeds from the sale of the Goods by the Company to a third party is a security interest.
5. The Company consents to Diamond Globe perfecting any security interest that it considers this agreement provides for, by registration under the PPSA and agrees to do anything Diamond Globe reasonably asks to ensure that the security interest is enforceable, perfected and otherwise effective and has priority over all other security interests. In this clause, PPSA means the Personal Property Securities Act 2009 (Cth); and the words and phrases that have defined meanings in the PPSA have the same meaning as in the PPSA unless the context indicates otherwise.
6. Until title passes in the goods to the Company, the Company agrees not to in any way assign, charge or otherwise deal with the Goods in a manner such as to create a security interest in favour of a third party.
7. To the extent the law permits:
The Company waives its right to receive any notice (including notice of a verification statement) that is required by the PPSA and the Company agrees not to exercise its rights to make any request of Synergy Pacific under section 275 of the PPSA.
Diamond Globe need not comply with, and Company may not exercise rights under, any provisions of chapter 4 of the PPSA that may be contracted out of.
Guarantee & Indemnity
1. In consideration of Diamond Globe, agreeing at the Company and Guarantor(s) request, to supply goods to the Company pursuant to this Credit Application, the Guarantor(s) hereby guarantee to Diamond Globe, the due and punctual performance of all obligations of the Company pursuant to the Credit Application, including without limitation, the payment of any and all monies due and owing by the Company to Diamond Globe.
2. The Guarantor(s) agree that this guarantee is a continuing guarantee and that the Guarantor(s) will not be exonerated in whole or in part, nor will Diamond Globe’s rights or remedies against the Guarantor be in any way prejudiced or adversely affected by any of the following:
a) any other guarantee or any security which Diamond Globe held from or which is enforceable against the Company;
b) any time or indulgence given to the Company or any other person or any compromise or arrangement made with the Company;
c) the fact that any obligation to pay any part of the monies may not be or may cease to be enforceable or that the Company or any other person purported to be primarily liable to pay such monies may be discharged from all or any of their respective obligations to make payment for any other reason than that payment has been made;
d) the winding up, external administration or dissolution of the Company; or
e) any security held or taken at any time by the Company being void, defective or informal.
3. This guarantee will continue in favour of Diamond Globe for the whole of the Company’s indebtedness or liability to Diamond Globe for the goods supplied or to be supplied to the Company. If the Company fails to make any payment duly and punctually to the Diamond Globe, the Guarantors will make payment of the same to Diamond Globe on demand.
4. The guarantee will continue to apply even if the Guarantor(s) are no longer directors, shareholders, employees or owners of the Company, as the case may be.
5. Diamond Globe has the right to proceed against the Guarantor(s) under the guarantee upon the default, refusal or inability of the Company to pay as if the primary liability for any money owing was that of the Guarantor(s). The Company may do so even if the Guarantors have no notice of any neglect or omission on the Company’s part to pay such sum or perform such obligation.
6. The Guarantor(s) will also be liable pay to Diamond Globe, any interest or service charges on overdue accounts and all costs and expenses incurred in the recovery, or attempted recovery, of overdue accounts and any action commence or defended by Diamond Globe in relation to this guarantee including but not limited to all costs and expenses payable to third parties in securing any account balance, outstanding or otherwise.
7. The Guarantee in this clause is a principal obligation and is not ancillary or collateral to any other right or obligation under any other agreement or document.
8. Diamond Globe may enforce all or any part of the guarantee without the necessity to take any step against the Company or any other person.
9. To the maximum extent permitted by law, the Guarantor(s) waive all rights that he/she has or may have as a Guarantor(s) under the law (including surety law) that may entitle the Guarantor(s) to be partly or fully released or discharged from the Guarantor's obligations hereunder; or restrict or prevent Diamond Globe from enforcing its rights and remedies under this guarantee.
10. It is agreed that if any provision of this guarantee is unenforceable, such provision is severable and its unenforceability will not impact any other part or provision of this guarantee.