BRUBA Pty Ltd trading as Mash Brewing Company hereafter referred to as “Supplier” and Applicant hereafter referred to as the “Purchaser”.
The Purchaser hereby applies to the Supplier for a trading account as indicated and certify that the information enclosed herein is True and Complete in every particular.
The Purchaser agrees that the Supplier may seek Consumer Credit information (Section 18K (1)(b) Privacy Act 1988) if the Supplier considers it relevant in assessing The Purchaser’s application for Commercial Credit. The Purchaser agrees to the Supplier obtaining from a credit agency a credit report containing personal credit information about the Purchaser in relation to Commercial Credit provided by the Supplier.
Conditions of Trade
The Purchaser agrees to abide by the Suppliers’ terms which are:
( 1 ) Goods purchased in one month are due for payment 14 days from invoice (unless otherwise advised by the Supplier)
( 2 ) The Supplier reserves the right to charge 12.00% per month on all monies owing by the Purchaser on overdue accounts, and the Purchaser agrees to reimburse the Supplier for any Bank Charges and all Legal and collection expenses incurred by the Supplier in the collection of overdue debts.
( 3 ) Purchaser claims must be notified to the Supplier in writing, no more than 7 days from delivery or the Purchaser is deemed to forfeit any claim for damages or set off against the Supplier.
( 4 ) The Purchaser must immediately notify the Supplier, in writing, in the event of any change in shareholders or directors of the Purchaser, except in the case of Companies listed on the Australian Stock Exchange.
( 5 ) Trading Terms may be varied at any time at the discretion of the Supplier.
Retention of Title
All goods delivered by the Supplier remain the property of the Supplier and the Title in any goods does not pass to the Purchaser until ALL DEBTS owed to the Supplier on any account whatsoever, including Interest, Bank Charges, Legal Fees and Collection Expenses are paid to the Supplier in full.
In this regard the Purchaser grants the right to the Supplier to enter the Purchaser’s premises, or any other premises where the goods are reasonably believed to be stored, without notice, to take possession of the goods.
Guarantee
In consideration of the Supplier having agreed to the Purchaser’s request to initially supply the Purchaser with goods for its business we, the Applicant/Director/Trustee/Guarantor agree to be responsible to
the Supplier for payment of all that the Supplier may now or hereafter supply to the Purchaser of whatsoever sum if the Purchaser fails to pay for goods on the clear understanding that the Purchaser’s liability shall be unlimited and payable in respect of the whole of the debt.
This guarantee is a continuing guarantee, and security and the Purchaser’s liability under it shall not be affected by the Supplier giving time or any indulgence of any subsequent decision to cease continuing to supply goods for any reason whatsoever.
We jointly & severally agree as beneficial owner, whilst any monies remain outstanding, to charge to BRUBA Pty. Ltd. trading as Mash Brewing Company all the interest which (either jointly or severally) we have or may acquire in any Freehold or Leasehold property by the way of security for the payment of monies guaranteed.
This Guarantee may only be revoked as to future transactions. Notice of revocation may only be given by Registered Mail posted to the Supplier at his place of business. And will only become effective fourteen days after the date of posting.