If approved by the Supplier, this credit application is accepted on the terms outlined in the following terms and conditions of trade.
1.1. The Supplier shall supply syrup flavours at the price current at the time of purchase or such other price as may have been agreed to in writing. Freight
will be added to the price.
1.2. In addition to the quoted price for any goods or services supplied by the Supplier, the Customer shall pay an amount equivalent to the goods and
services tax (GST) payable by the Supplier as a result of the supply of the said goods or services.
2.1. All prices quoted are exclusive of freight, which the Customer shall pay unless any special arrangement is entered into with the Supplier and confirmed
by a separate written contract before delivery of goods.
Should payment not be made in full by the Customer on the due date, the Supplier:
3.1. May charge interest at the rate of 21% per annum monthly with a minimum of 1 month's interest, and such amount to be charged to the Customer's
account monthly.
3.2. Shall be entitled to recover from the Customer all expenses and costs incurred in recovering any outstanding monies and additional charges for late
payment, as detailed in clause 3/1. above. Including, without limitation, legal expenses on a full indemnity basis.
3.3. The Supplier may suspend further delivery of goods or services to the Customer until all overdue and penalties are paid in full.
3.4. The Customer will pay all sums due to the Supplier in full without deduction, whether by set-off or other legal or equitable claim.
3.5. Charging of interest on overdue monies shall not constitute an extension of the due date. It shall be without prejudice to the Suppliers' right to seek
recovery of any overdue amounts.
4.1. Risk and any consignment of goods shall pass to the Customer upon delivery. 4.2. Any delivery dates specified by the Supplier are estimates only. The
Supplier shall not be liable to the Customer due to the failure to deliver on the estimated date or dates.
4.3. The Customer shall accept a consignment of goods if delivered on the estimated date or within a reasonable time after that date.
5.1. Any claims regarding damaged or defective goods must be made in writing, text or email to the Supplier within three days of the delivery date. At the
expiration of three days, the Customer shall be deemed to have waived any claim regarding damaged or defective goods.
5.2. The Customer must return any damaged or defective goods to the Supplier in the original packaging.
5.3. The Supplier gives no warranties regarding goods or services other than good title. Further, the Supplier's liability for damaged or defective goods shall
be limited strictly to, at the Supplier's option, the replacement of such goods or the refunding of the price for such goods.
I/we declare that the credit applied for will be used primarily for business purposes and, therefore, will not be subject to the Credit Contracts and Consumers Finance Act 2003. I/we will seek independent legal and or accounting advice as I/we deem necessary and confirm that I/we have read and understood this declaration.
I/we certify as or on behalf of the Customer that the above information is true and correct and that I/we have obtained all necessary consents for the Supplier to conduct any checks as detailed in the privacy section below.
“Customer” includes any guarantor and or any owner, director, shareholder, partner or operator of the Customer or guarantor.
“Related Company” means any company related to the Supplier or the Customer, as the case may be in terms of section 2(3) of the Companies Act 1993.
The Supplier may occasionally undertake credit assessments and otherwise obtain, verify and exchange information (eg. credit reports) concerning the Customer with third parties.
assessing the Customer’s creditworthiness; or administering and enforcing these terms and conditions of trade or any other agreement or maintaining credit records with the Supplier-related companies and external agencies
The Customer authorises the Supplier to: Obtain information about the Customer from other sources as the Supplier reasonably requires.
Retain and use information about the Customer and provide this information to related companies and external agencies for the abovementioned purposes.
The Customer also understands that the Supplier may ask for personal information so as to use Veda Advantage Credit Reporting service to credit check the Customer. I/we understand that:
Veda Advantage may provide the Supplier with information about me/us for that purpose.
The Supplier may provide personal information to Veda Advantage, and Veda Advantage will hold that information on its system and use it to provide credit reporting services.
When other Veda Advantage Customers use the Veda Advantage Credit reporting services, Veda Advantage may apply provide information to those Customers.
If the Customer defaults in its payment obligations to the Supplier. Information about that default may be provided to Veda Advantage, and Veda Advantage may provide information about any default to other Veda Advantage Customers.
All such information provided to the Supplier will be held by the Supplier at its business address, and by other parties, for the purposes described above. Where the information can be readily retrieved, the Customer will have access to it and, if necessary, will have the right to correct any incorrect information.
The Customer acknowledges and agrees that the Supplier shall be entitled to register a financing statement in respect of any goods or services supplied to the Customer under these terms and conditions of trade on the Personal Property Securities Registered under the PPSA and the Customer, and each transferee or successor to the interests of the Customer, and any guarantor waive their rights to receive verification statements connected with any financing statement or financing change statement registered under the PPSA concerning any security interest arising by these terms and conditions of trade or any credit application or finance agreement.
