Delivery Instructions

Credit Application Terms

1. I/We hereby apply to open an account with Environex International Pty Ltd on the terms and conditions set out herein and in the attached Terms and Conditions of Sale. If Environex International accepts this Credit Application, such acceptance will be subject to these terms and conditions and the attached Terms and Conditions of Sale.

2. Environex International agrees to supply the Applicant with Goods and/or Services it orders, subject to the attached Terms and Conditions of Sale. These conditions apply to all contracts, quotations, offers to sell, and other commercial transactions relating to the supply of Goods and/or Services by Environex International.

3. I/We confirm that I/We have read and understood the attached Terms and Conditions of Sale, acknowledge that I/We have had the opportunity to obtain independent legal advice, and agree to be bound by them.

4. I/We hereby:

• Authorise the credit references listed above to provide Environex International with details of my/our credit history.
• Authorise Environex International to seek consumer credit information.
• Consent to any credit reporting body providing Environex International with personal or commercial credit information if considered relevant to assessing this application, pursuant to section 20F of the Privacy Act 1988 (Cth) and in accordance with all applicable laws.
   

By signing this document, I/We certify that I/We have authority to sign on behalf of the Applicant and to enter into binding contracts.

 

Credit Contract Exclusion

5. The Applicant agrees that the credit facility applied for does not, and will not, extend to any transaction that is or may be a “credit contract” as defined in the National Credit Code (Schedule 1 of the National Consumer Credit Protection Act 2009 (Cth), as amended).

6. The Applicant declares that the credit to be provided by Environex International is not wholly or predominantly for:

• personal, domestic, or household purposes; or
• investment purposes other than investment in residential property.
   

By signing this declaration, the Applicant acknowledges that they may lose protection under the National Credit Code.

You should only sign this declaration if the credit being applied for is wholly or predominantly for:

• business purposes; or
• investment purposes other than investment in residential property.
  
  

By signing this declaration, you acknowledge and agree that you may lose certain protections available under the National Credit Code.

1. INTERPRETATION

  1.1 In this document, unless the context otherwise requires:

1.1.1 “Business Day” means any day other than a Saturday, Sunday public holiday in Western Australia;

1.1.2 “Contract” means any contract or agreement, whether formal or informal, written, oral or partly written and partly oral, formed between the Customer and Environex International.

1.1.3 ‘Customer’ and ‘Purchaser’ refers to the individual, business, partnership or company entering into a Contract with Environex International, and includes the Customer receiving the Goods and/or Services as proprietor (in whole or in part) or as agent of any entity.

1.1.4 ‘Environex International’ means Environex International Pty Ltd (ACN 159 887 117), and each related entity as defined in the Corporations Act 2001 (Cth) of Environex International Pty Ltd (ACN 159 887 117) now or at any time Goods and/or Services are supplied to the Customer in the future.

1.1.5 ‘Guarantors’ means the guarantors or guarantors specified in the Deed of Guarantee annexed hereto, if any.

1.1.6 ‘Goods’ refers to any goods supplied by Environex International to the Customer pursuant to a Contract.

1.1.7 ‘Goods and/or Services’ refers to any goods supplied by Environex International to the Customer pursuant to a Contract and/or any services supplied by Environex International to the Customer pursuant to a Contract.

1.1.8 ‘Notice’ refers to a notice in accordance with clause 21.

1.1.9 ‘Party’ means each party to the Contract, including Environex International and the Customer, and ‘Parties’ has a corresponding meaning.

1.1.10 ‘Price’ has the meaning stated in clause 6.

1.1.11 ‘Service’ refers to the provision of any service by Environex International to the Customer pursuant to a Contract.

1.1.12 ‘Supply Agreement’ has the meaning stated in clause 4A.7.

1.1.13 ‘Supplier Funded Equipment” means any goods or services that Environex International supplies under a Contract for the purpose of the Customer dispensing goods supplied by Environex International, including but not limited to goods or services relating to delivery and metering pumps, foam delivery devices and systems, storage tanks and bunding, monitoring equipment, product dispensers, or pipe work.

1.1.14 ‘Terms and Conditions’ means the terms and conditions of sale set out herein subject to any amendments expressly made by Environex International pursuant to clause 15.

1.2 In these Terms and Conditions, unless the context otherwise requires:

1.2.1 the singular includes the plural and vice versa;

1.2.2 a reference to an individual or person includes a corporation, partnership, joint venture, association, authority, trust, state or government and vice versa;

1.2.3 a reference to any gender includes all genders;

1.2.4 a reference to a recital, clause or schedule is to a recital, clause or schedule of or to these Terms and Conditions;

1.2.5 a reference to any agreement or document is to that agreement or document (and, where applicable, any of its provisions) as amended, novated, restated or replaced from time to time;

1.2.6 a reference to a statute, regulation, proclamation, ordinance or by-law includes all statutes, regulations, proclamations, ordinances or by-laws amending, consolidating or replacing it, and a reference to a statute includes all regulations, proclamations, ordinances and by-laws issued under that statute;

1.2.7 a reference to a body, other than a Party to the Contract (including, without limitation, an institute, association or authority), whether statutory or not:

1.2.7.1 which ceases to exist; or

1.2.7.2 whose powers or functions are transferred to another body, is a reference to the body which replaces it or which substantially succeeds to its powers or functions.

1.2.8 If a party comprises two or more persons, the covenants and Contracts on their part bind and shall be observed and performed by them jointly and each of them severally and may be enforced against any one or any two or more of them;

1.2.9 A reference to a party includes its executors, administrators, successors and permitted assigns;

1.2.10 No provision of these Terms and Conditions will be construed adversely to a Party solely on the ground that the Party was responsible for the preparation of these Terms and Conditions or that
provision;

1.2.11 Where an expression is defined, another part of speech or grammatical form of that expression has a corresponding meaning;

1.2.12 All references to A$, $, dollar, $, or to currency are references to Australian dollars;

1.2.13 "Including" and similar expressions are not and must not be treated as words of limitation; and

1.2.14 Headings are for ease of reference only and do not affect the meaning of these Terms and Conditions.

2. APPLICATION

2.1. Environex International agrees to provide the Customer with goods and/or services it orders subject to these Terms and Conditions. These Terms and Conditions apply in respect of all Contracts, offers to sell, quotations and other commercial transactions for the supply of goods and/or services by Environex International to the Customer.

3. OPERATION

3.1. Any Contract between the Customer and Environex International shall be upon these Terms and Conditions and shall be read in conjunction with these Terms and Conditions. These Terms and Conditions shall operate to the exclusion of any terms or conditions to the contrary effect expressed in or implied by any of Environex International’s quotations, any document forming part of a purchaser enquiry, specification, order or contract, or other documentation, and shall supersede all prior contracts.

3.2. The continued operation of these Terms and Conditions shall not be affected by any repudiation of any Contract or transaction relating to the supply of Goods and/or Services between Environex International and the Customer.

4. SUPPLY OF GOODS AND/OR SERVICES

4.1. Environex International shall not incur any liability, nor shall any right accrue to the purchaser by reason of any misrepresentation arising from either printing or clerical errors, statements in oral, written or any other form by third parties, or oral statements not confirmed by Environex International in writing.

4.2. As Environex International has a policy of continuous product improvement, product materials and specifications are subject to change without notice. Where such change may affect product performance customer liaison will occur.

4.3. To the fullest extent permitted by law any prior representations, agreements and arrangements, including representations as to the suitability of the Goods and/or Services, and any descriptions, illustrations and material contained in any advertisement, website, catalogue, price list or brochure are excluded from, and do not form part of, the Contract unless specifically stated in the Contract to the contrary.

4.4. Acts and omissions (including, without limitation, in relation to the placement or alteration of the Contract) of the Customer’s directors, employees, former directors and/or employees, contractors (except Environex International), agents and any other person who purports to act on behalf of the Customer, shall be treated as the Customer’s acts and omissions of its directors, employees, former directors and/or employees, contractors (except Environex International), agents and any other person who purports to act on behalf of the Customer, even if they act outside their authority.

4A. SUPPLIER FUNDED EQUIPMENT AND SERVICES

4A.1. Clauses 4A.1. to 4A.12. apply to any Supplier Funded Equipment supplied by Environex International under a Contract. If there is any inconsistency between a provision of clauses 4A.1. to 4A.12. and another provision of these 3 Terms and Conditions in relation to the Supplier Funded Equipment, the relevant provision in clauses 4A.1. to 4A.12. shall prevail to the extent of the inconsistency.

4A.2. Unless otherwise agreed in writing between the Customer and Environex international, the Supplier Funded Equipment provided remains the property of Environex International at all times.

4A.3. The customer will use the Supplier Funded Equipment for the sole purpose of dispensing goods supplied by Environex International.

4A.4. The customer agrees to replace any Supplier Funded Equipment that may be lost whilst in the customer’s care.

4A.5. The customer agrees to either replace Supplier Funded Equipment or make good repairs to Supplier Funded Equipment that may be damaged beyond reasonable wear and tear whilst in the customer’s care. Any repairs or alteration to Supplier Funded Equipment must only be performed with the prior written consent of Environex International.

4A.6. Should the customer wish to discontinue the use of the Supplier Funded Equipment for any reason, or cease to maintain an active account with Environex International:

4A.6.1 the customer will notify Environex International in writing immediately; and

4A.6.1 all Supplier Funded Equipment must be returned to Environex International either by the customer at the customer’s expense or held for pickup by Environex International, at Environex International’s
discretion. The Supplier Funded Equipment must be returned to Environex International in reasonable condition, good working order, and free from damage. If the Supplier Funded Equipment is not returned to Environex International in reasonable condition, good working order, and free from damage, the customer will be liable to Environex International and will indemnify Environex International for the full costs of maintaining and repairing any damaged Supplier Funded Equipment and the full costs of replacing any Supplier Funded Equipment that in the sole discretion of Environex International is damaged beyond repair.

4A.7 Ownership of the Supplier Funded Equipment shall not transfer to the customer unless the transfer is pursuant to a written agreement between the customer and Environex International. Any transfer of ownership of Supplier Funded Equipment will occur by way of a separate written Supply Agreement, or similar, in which timing and equipment values will be particularised and agreed upon (“Supply Agreement”).

4A.8. If for any reason a contract for supply of Supplier Funded Equipment is terminated then the value of the Supplier Funded Equipment will be calculated on a straight line depreciation schedule over 3 years from the date of installation and the customer will be liable to reimburse Environex International for the written down value.

4A.9. If a Supply Agreement is in place, or if a contract is in place between Environex International and the customer
and the supply of Supplier Funded Equipment forms part of that contract, then:

4A.9.1 The Supplier Funded Equipment must be either be installed or substantially commenced within 12 months of the date that the Supply Agreement or Contract is entered into; and

4A.9.2 If the Supplier Funded Equipment is not installed or substantially commenced within 12 months of the date that the Supply Agreement or Contract is entered into then the offer to supply the Supplier Funded
Equipment will be deemed to have expired and installation of the Supplier Funded Equipment can not be called upon.

4A.10. Any offer of Supplier Funded Equipment can not be converted to cash at any time.

4A.11. Unless otherwise agreed, maintenance of the Supplier Funded Equipment shall be the responsibility of Environex International during the term of the contract to supply Supplier Funded Equipment.

4A.12. If the Supplier Funded Equipment is, in the sole discretion of Environex International, damaged beyond reasonable wear and tear whilst in the customer’s care, the customer will be liable to Environex International and will indemnify Environex International for the full costs of maintaining and repairing the Supplier Funded Equipment.

5. QUOTATIONS AND TENDERS

5.1. Environex International’s written quotations are valid for thirty (30) days from date of quotation and thereafter are subject to confirmation in writing by Environex International before acceptance unless otherwise stated on Environex International’s quotation.

5.2. Any quotations given do not involve any obligations by Environex International. The Customer is solely responsible for checking that the details in Environex International’s quotation are accurate in every
aspect before acceptance.

6. PRICE AND PAYMENT

6.1. Subject to clause 6.2, the Customer shall pay to Environex International the Price specified on Environex International’s Quotation, order, or invoice dispatched, plus the fees described in clause 8.1B if any, plus all taxes, credit card fees, freight, handling, delivery and insurance charges by Environex International in respect of the Goods and/or Services to be supplied (“the Price”).

6.2. Environex International’s price lists are subject to change without notice to purchasers. All Goods and/or Services will be invoiced at, and the purchaser agrees to pay, Environex International’s price specified for
the Goods and/or Services as at the date of dispatch by Environex International.

6.3. As a condition precedent to future supplies under the Contract pursuant to which the payments are due or under any other Contract, the Customer agrees that payment of the Price must be received by
Environex International from the Customer by the last working day of the calendar month following the month of in which Environex International issues its invoice for the Price to Environex International, without
any set off or deduction.

6.4. Environex International reserves the right to vary the terms of payment of the Price for whatsoever reason, or to require payment of the Price in full prior to delivery.

6.5. The Customer acknowledges and accepts that any credit provided by Environex International may be withdrawn at any time.

6.6. Payment terms are strictly 30 days from end of month.

7. COSTS RECOVERABLE

7.1. Should the Customer default in the payment of any monies due under a Contract, then all monies due to Environex International shall immediately become due and payable and shall be paid by the Customer within 7 days of the date of demand.

7.2. Environex International shall be entitled to charge the Customer interest calculated at 12% per annum on the balance of all overdue accounts and invoices from the date of due payment until the date of actual payment.

7.3. Any expenses, costs or disbursements, including debt collection agency fees, commission and any fees paid to Environex International’s solicitors (on an indemnity basis), incurred by Environex International in recovering any outstanding monies shall be paid by the Customer on an indemnity basis.

7.4. Where the Customer is a company, the Customer’s Directors personally guarantee the payment of all costs and expenses owing to Environex International by the Customer.

8. DELIVERY

8.1. Whilst Environex International will use its best endeavours to ensure delivery of the Goods and/or Services by the date requested by the purchaser, it does not guarantee delivery on that date and will not be liable
for any damages, loss, costs or charges incurred by purchaser due to late delivery ensuing from any circumstances whatever, either within or beyond the control of Environex International.

8.1A. The Customer acknowledges and agrees that Environex International’s standard hours of delivery of Goods and/or Services are only between the hours of 6:00am and 6:00pm on Business Days.

8.1B. In the event that the Customer requests, and Environex International agrees, to deliver the Goods and/or Services outside of the standard of hours of delivery specified in clause 8.1A above, Environex
International shall be entitled to charge and the Customer shall pay:

8.1B.1 a fee of $400; plus

8.1B.2 for every hour that the duration of Environex International’s delivery exceeds 4 hours, fees of $100 per hour in addition to the fee described in clause 8.1B.1.5

8.2. Subject to clause 8.3, the Goods and/or Services supplied by Environex International to, or at the request of, the Customer shall be at the Customer’s risk immediately upon the Goods and/or Services being
collected by a Customer’s carrier or agent from approved Environex International warehouses, delivered to the address nominated by the Customer, delivered to the Customer, or delivered into the Customer’s custody, whichever is sooner.

8.3. All goods dispatched by rail, sea or purchaser’s carrier are at the purchaser’s risk and Environex International will be under no obligation to insure goods in transit to purchasers. Environex International shall not be liable for any loss or damage to goods either after collection by purchaser’s carriers from approved Environex International warehouses, or where in transit between transport terminals, wharf or rail in regional centres and purchaser’s premises where such is arranged by purchaser.

8.4. Despite clause 8.2 above, ownership of Goods and/or Services shall not pass to the Customer until the Customer has paid for the Goods and/or Services in full (see clause 9).

8.5. Upon risk in the goods supplied by Environex International passing to the Customer, the Customer shall insure the Goods and/or Services for their full insurable value against loss or damage by fire, theft, accident and other such risks.

8.6. In consideration of payment of the Price by the Customer, Environex International may arrange delivery of Goods and/or Services to the Customer’s nominated location in accordance with the Contract.

9. RETENTION OF TITLE

9.1. Prior to full payment of the Price and all other sums owing by the Customer to Environex International in relation to the supply of Goods and/or Services:

9.1.1. the Customer shall have no right to sell or dispose of any or all of the Goods and/or Services;

9.1.2. the title of the Goods and/or Services shall not pass to the Customer; and

9.1.3. the Customer takes custody of the Goods and/or Services and shall retain them as the fiduciary agent and bailee of Environex International.

9.2. Where any part of the Price for Goods and/or Services supplied by Environex International remains owing,
the following provisions apply:

9.2.1. Environex International shall retain legal title to all Goods and/or Services supplied;

9.2.2. the Customer must store the Goods in such a manner as to show clearly that they are the property of Environex International;

9.2.3. if the Customer sells the Goods it shall do so as a fiduciary agent for Environex International and the Customer shall account to Environex International for all proceeds from any sale;

9.2.4. If such Goods and/or Services are used in some manufacturing process, construction process, or other process by the Customer or some third party, even with loss of identity, the legal title to the resultant goods shall vest in Environex International. The proceeds of the sale of the Goods and/or Services or resultant goods shall be received by the Customer as agent of Environex International and such proceeds are to be kept in a separate account or are to be accounted for on demand.

10. FORCE MAJEURE

10.1. Environex International will not be liable for any breach of the Contract due to any matter or thing beyond Environex International’s control. Furthermore, Environex International is excused from performing any term, covenant or condition required by the Contract during the time and to the extent that performance is prevented when such performance is prevented wholly or in part by circumstances beyond Environex International’s control.

11. SECURITY

11.1. The Customer hereby charges and mortgages in favour of Environex International to secure the repayment of any debt and any monies which may become owed by the Customer to Environex International hereunder and under any Contract all of the Customer’s present and future estate and interest in all real property and personal property.

12. DEFECTS, RETURNS AND WARRANTIES

12.1. Within 7 days of Environex International’s delivery of Goods or Services, the Customer must:

12.1.1. inspect the Goods or Services and provide notice of any alleged defects in the Goods and/or Services to Environex International in writing;

12.1.2. provide notice of any alleged claims on Environex International for returns due to alleged delivery
errors or any other reasons, in writing to Environex International.

12.2. Environex International shall not be responsible or liable for any alleged defect in the Goods and/or Services, or to provide any alleged claim for returns, unless it is reported in accordance with clause 12.1.

12.3. Approval for all returns must be received in writing from Environex International. Freight costs of returns will be for the purchaser’s account or pick up charge will be made by Environex International for the approved collection of goods ordered incorrectly by the purchaser.

12.4. All approved returns must be accompanied by a credit claim quoting invoice numbers and dates and reason including the name of the Environex International representative who approved the return.

12.5. The condition of all returns will be examined by Environex International prior to crediting. Where claims are not justified or the goods are returned without express written authorisation from Environex International, or the goods are in unsuitable condition or contaminated through no fault of Environex International, the goods will be returned to the purchaser at the purchaser’s expense or not accepted for return by Environex International.

12.6. The purchaser acknowledges and agrees to pay a restocking charge equal to 10% of the Price of the Goods and/or Services that are returned in accordance with this clause 12.

12.7. If, solely at the fault of Environex International, Goods supplied by Environex International are found by a court with Western Australian jurisdiction to be not fit for purpose or outside Environex International’s product quality specifications, those Goods will immediately be collected from the customer with a full credit to the customer applicable and the customer shall not be held financially responsible for such an incident.

12.8. The Customer must allow a representative of Environex International (including a third party engaged by Environex International) the rights to inspect any alleged defect reported in accordance with clause 12.1.

12.9. If the inspection under clause 12.8 reveals that the alleged defect was not caused by any act or omission of Environex International, then the Customer must pay all costs of Environex International incurred in connection with the inspection.

13. NO WARRANTY

13.1. Environex International makes no express warranties to the Customer, except those expressly set out in writing in the Contract and these Terms and Conditions.

13.2. Environex International will not be liable in any circumstances for any loss or damage whatsoever allegedly incurred and arising out of any:

13.2.1.Conditions, warranties, and terms implied by statute or general law or custom except any implied condition or warranty the exclusion of which would contravene any statute or cause this clause
to be void ("Non-Excludable Condition");

13.2.2.Alleged liability to the Customer in contract for consequential or indirect damages arising out of or in connection with the provision of the Goods and/or Services or the Contract, even if Environex International knew they were possible or they were otherwise unforeseeable, including, without limitation lost profits and damages suffered as a result of claims by a third party;

13.2.3.Claims by the Customer in negligence for acts or omissions of Environex International or its employees, Agents, or contractors arising out of or in connection with the Contract.

14. LIABILITY AND INDEMNITY

14.1. Environex International shall not be liable to the Customer or any Guarantors in contract, tort, warranty, strict liability, or any other legal theory for any indirect, consequential, incidental, punitive or exemplary damages, or for any claim for loss of profits and the Customer agrees that Environex International may plead these Terms and Conditions as a bar to any such claims whether they arise at law, in equity, under 7 any statute, regulation, or other legislative instrument, or under any contract, deed, or any other instrument made or approved under any law.

14.2. The Customer hereby releases and indemnifies and agrees to keep Environex International indemnified from any and all costs (including all legal fees and costs) and any other legal or other expenses incurred by it in investigating or defending any action or threatened actions on an indemnity basis), damages,
liabilities, penalties, fines, expenses or losses including indirect, incidental, consequential, punitive or exemplary loss or damage (including but not limited to loss of profit), whether resulting from breach of contract, tort, warranty, strict liability, statute or any other legal theory or otherwise that Environex International may incur in relation to the Customer or any third party, including where the cost, damage, liability, penalty, fine, expense or loss is caused by or contributed to by Environex International in any way or for any reason whatsoever.

14.3. The Customer is liable for all costs and disbursements incurred by Environex International or its appointed agents on an indemnity basis in recovering payment of any outstanding monies or enforcing its rights under the Contract, including, but not limited to all legal fees and costs and any other legal or other expenses incurred by it in investigating or defending any action or threatened actions.

15. AMENDMENT

15.1. From time to time, Environex International may review and amend these Terms and Conditions and the Customer shall be bound by any amendment which shall apply to the supply of any Goods and/or Services following the effective date of the amendment.

16. TERMINATION

16.1. Any request by the Customer to cancel an order must be made in writing. Environex International may, at its discretion, accept or reject the request and specify any terms and reasonable charges upon which such request may be agreed to.

16.2. Environex International may, in addition to any other rights under these Terms and Conditions or the Contract, terminate the Contract by written notice to the Customer if any one of the following events occurs:

16.2.1. Substantial damage to or interference with the provision of the Goods and/or Services by any cause beyond the control of Environex International including (but without limiting in an way the generality thereof) water, flood, fire, storm tempest, rioting, earthquake, civil commotion or industrial action;

16.2.2. Any substantial breach of the Contract or these Terms and Conditions by the Customer;

16.2.3. If the Customer shall make any assignment for the benefit of or enter into any arrangement or composition with its creditors or go into liquidation (whether voluntary or compulsory except for
the purpose of reconstruction or amalgamation) or have a receiver appointed or commit an act of bankruptcy or if a sequestration order is made against the Customer’s estate;

16.2.4. Any failure by the Customer for 10 days after the due date hereof to pay any part of the Price.

16.3. The Customer may terminate the Contract by giving written notice to Environex International if Environex International shall make an assignment for the benefit of or enter into any composition with its creditors or go into liquidation (whether voluntary or compulsory except for the purpose of reconstruction or amalgamation) or have a receiver appointed.

16.4. If a Contract is terminated, the Customer shall pay Environex International for all Services and Goods provided by Environex International, all work done by Environex International, and all materials used or procured by Environex International and properly chargeable to the date of termination.

17. ASSIGNMENT AND SUBCONTRACTING

17.1. Environex International may:

17.1.1. assign, sub-contract or sub-let any part of a Contract without seeking the consent of the Customer.

17.1.2. transfer or assign to any person or corporation the whole or any part of the Customer’s or Guarantors’ liabilities and obligations to Environex International in any Contract without seeking the consent of the Customer.

17.2. The Customer may not assign, sub-contract or sub-let any part of a Contract, or any of its rights, liabilities, or obligations under any Contract, without the prior written consent of Environex International.

18. PRIVACY ACT

18.1. Environex International collects personal information from purchasers to enable Environex International to assess and process the purchaser’s application for a trading account and to provide goods and other services to the purchaser.

18.2. Environex International may need to contact other people and organisations, such as credit reference agencies or referees to collect information about the purchaser. Environex International may also disclose the purchaser’s personal information to relevant Environex International staff and agents, credit providers and any credit reporting agency.

18.3. Environex International relies on the purchaser to ensure that the personal information provided to Environex International is current and accurate. The purchaser may find out what personal information Environex International holds about them and, where necessary, may correct any errors in this information (some restrictions and costs may apply).

18.4. Where the purchaser provides personal information to Environex International concerning other individuals, the purchaser represents and warrants to Environex International that the information has
been provided with the agreement of those persons and that Environex International is authorised by them to use it. Environex International may also use personal information provided to it to keep the purchaser informed about its goods and services.

18.5. By signing Environex International’s Application to Open Credit Account, the purchaser consents to Environex International collecting, using and disclosing the personal information provided to Environex
International by the purchaser on the terms outlined above.

18.6. The Purchaser and Guarantors authorise Environex International to carry out credit checks and obtain credit reports in respect of their creditworthiness in accordance with any relevant law in force from time
to time and disclose to credit reporting agencies the details of any Contracts. The Purchaser and Guarantors agree that Environex International may give to and seek information about the Purchaser’s
arrangements from any trade references or credit providers and any credit providers that may be named in a credit report issued by a credit reporting agency.

19. WAIVER AND SEVERANCE

19.1. Any waiver by Environex International must be in writing signed by Environex International. Failure by Environex International to enforce any right or remedy is not a waiver of any right or remedy, or a waiver in respect of a continuing breach.

19.2. If any provision contained in these Terms and Conditions is held by a court to be unlawful, invalid or unenforceable, the validity and enforceability of the remaining provisions in these Terms and Conditions are not affected.

20. GOVERNING LAW AND JURISDICTION

20.1. These Terms and Conditions and all Contracts are governed and is to be construed in accordance with the laws in force in the State of Western Australia.

20.2. These Terms and Conditions and all Contracts are subject to the exclusive jurisdiction of the courts of Western Australia.

21. NOTICES

21.1. A party must give any notice required under these Terms and Conditions or the Contract in accordance with this clause 21.

21.2. A party must address a notice to the other party at its address set out in the Contract and must serve the notice at that address. A party may give notice of another address (within Australia) or electronic mail address to the other party and the new address or electronic mail address shall be the address for service of the party for the purposes of this clause.

21.3. A party may deliver a notice by hand, post, or by electronic mail. A party must give any notice in the English language and in writing.

21.4. If before 4 pm local time in the place of delivery, a party delivers a notice by hand or by electronic mail and the sending party completes the transmission, the notice will be taken to be given on the day of
delivery or transmission, and in any other case on the next day.

21.5. If the party gives notice by post the notice will be taken as given on the 7th day in the place of delivery after the notice is posted.

22. RECEIPT AND ADVICE

22.1. The Customer and the Guarantors hereby acknowledge receipt of these Terms and Conditions and agree to be bound by them. The Customer and the Guarantors accept these Terms and Conditions in acknowledgement that they are legally binding and presently enforceable. The Customer and the Guarantors further acknowledge that they have had the opportunity of obtaining independent legal advice and that the Customer and the Guarantors understand the Terms and Conditions above.

 

By submitting this application, you agree to be bound by Environex International’s Terms & Conditions of Trade. We are committed to protecting your privacy all personal and business information provided will be handled in accordance with our Privacy Policy. You can view our full Terms & Conditions and Privacy Policy on our website.