OZ INTERNATIONAL TRADE PTY LTD-THE MEAT PLACE- A.B.N. 49 160 550 890
First Name/Surname
New stores are subject to a 1-week payment cycle, while existing stores must make payments every 2 to 4 weeks.
A. PERSONAL GUARANTEE1. Where the Applicant is a company, each of its directors who signs this application for credit personally agrees to indemnify and pay to OZ International Trade Pty Ltd all amounts which for whatever reason are not paid by the Applicant to OZ International Trade Pty Ltd or which are paid but are disgorged to a subsequently appointed liquidator of the Applicant.B. PRIVACY ACT AGREEMENT2. The Applicant acknowledges that OZ International Trade Pty Ltd by this clause informs the Applicant that under Section 18E(8)(c) of the Privacy Act (“the Act”) OZ International Trade Pty Ltd is allowed to give a credit reporting agency personal information about this credit application including the following: -3. identity particulars as permitted by the Privacy Commissioner’s determination issued under Section 18E (3);4. the fact the Applicant has applied for credit and the amount of credit applied for;5. the fact that OZ International Trade Pty Ltd is a current credit provider to the Applicant;6. details of payments which become more than 60 days overdue, and for which collection action has commenced;7. advice that payments are no longer overdue;8. in specified circumstances, advice that, in the opinion of OZ International Trade Pty Ltd, the Applicant has committed a serious credit infringement;9. advice that credit provided to the Applicant by OZ International Trade Pty Ltd has been paid or otherwise discharged.
C. PAYMENT AND DEFAULT6. All accounts are due and payable not later than 14 days from date of invoice (‘the due date”) subject to any express written agreement providing for longer terms.7. In the event payment is not made by the due date, the Applicant (hereafter known as “the Purchaser”) will pay OZ International Trade Pty Ltd: -(a) compensation (for its reduced revenue receipts) being payment of interest on all accounts overdue at the rate of 5% above the prevailing rate imposed by the Penalty Interest Rates Act, plus(b) an accounting fee being recovery agents and actual legal costs to OZ International Trade Pty Ltd in recovering due amounts.
8.(a) Risk in goods shall pass to the Purchaser immediately upon delivery.(b) Notwithstanding the passing of risk, property in goods delivered shall not be passed to the Purchaser until all amounts whatsoever payable by the Purchaser to OZ International Trade Pty Ltd have been paid.(c) Where goods have been delivered by OZ International Trade Pty Ltd to the Purchaser, until full payment of the price for such goods has been made, the Purchaser shall: -i) hold the goods on trust for OZ International Trade Pty Ltd until all amounts owed have been paid in full;ii) irrevocably appoint and be deemed to have irrevocably appointed OZ International Trade Pty Ltd its attorney to do all acts and things necessary to ensure the retention of title to its goods including the registration of a charge in favour of OZ International Trade Pty Ltd.iii) separate and store separately the goods delivered by OZ International Trade Pty Ltd.(d) Where the Purchaser makes a new object from the goods, the Purchaser agrees that ownership in the newly made goods immediately passes to OZ International Trade Pty Ltd and agrees to hold the new goods on trust for OZ International Trade Pty Ltd and agrees to store the goods in a manner clearly showing OZ International Trade Pty Ltd ownership of such goods.(e) The Purchaser may transfer, sell or dispose of OZ International Trade Pty Ltds goods to a third party in the ordinary course of business provided that: -i) where the Purchaser is paid by the third party, the whole of the proceeds of sale will be held on trust for OZ International Trade Pty Ltd until all amounts owed by the Purchaser to OZ International Trade Pty Ltd have been paid; or
9. Credit notes are valid for 60 days but prior to the expiration of the 60 day period, at the discretion of OZ International Trade Pty Ltd, may be extended for a further period.10. The Purchaser agrees to accept part deliveries and will pay for those goods delivered upon an item basis in accordance with OZ International Trade Pty Ltd usual terms even though the balance of the order may be not delivered.11. Except as otherwise provided in these terms and conditions, OZ International Trade Pty Ltd shall not be liable to the Purchaser for any loss, damage or injury sustained by the Purchaser or any other person for loss or damage to property whatsoever and howsoever arising directly out of or in consequence of any negligent act or omission by OZ International Trade Pty Ltd in the supply of the goods or any breach of contract by OZ International Trade Pty Ltd including without limitation, loss caused by delay, or part shipment, loss of products or profit or liability to third parties.12. A statement signed by any person duly authorised by OZ International Trade Pty Ltd shall be conclusive evidence that the amount stated therein is owing by the Purchaser to OZ International Trade Pty Ltd.13. Any clause or part of a clause of these terms and conditions which is invalid, unlawful, void or unenforceable shall not effe ct the validity or application of the other terms and conditions.14. No waiver by OZ International Trade Pty Ltd of any right or remedy or waiver of these terms and conditions or of any breach or default, and no course of dealing shall be deemed to constitute a continuing waiver of any further breach or default or of any right or remedy, unless such waiver be expressed in writing signed by OZ International Trade Pty Ltd.
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