Account Agreement - Terms and Conditions
Applicant (herein referred to as “Purchaser) authorises Christian Bailey Agencies Pty Ltd. and its agents and representatives (collectively referred to herein as “CBA”) to verify the information provided in any application, obtain commercial and consumer credit reports from time to time, and to inquire of and obtain information from trade and bank references. Purchaser hereby authorises any consumer and commercial reporting agency to provide credit reports to CBA under the names contained in this application as well as any other names or aliases and key personnel of Purchaser. Purchaser further hereby authorises all Trade References and Bank References named herein, to furnish information to CBA concerning Purchaser’s credit, purchase, and payment history to CBA. This Credit Application and Account Agreement (the “Agreement”) does not obligate CBA to extend credit to the Purchaser or any company identified in this Agreement (collectively referred to herein as “Purchaser”) and is not and shall not be construed to be an offer of credit or an agreement to sell to Purchaser. Purchaser acknowledges and agrees to all of the terms and conditions set out herein as well as in the Credit Application and Personal Guaranty. The signatory of this Agreement warrants and represents to CBA that he/she is fully authorised to sign this Application and by such signature to bind Purchaser to the terms and conditions of this Application without the need for any other signature and that any and all consents and authorisations needed have been obtained. A fax copy of this Application shall be deemed and considered the same as and as enforceable and binding as the original.
All services and/or goods sold to Purchaser are sold on a net basis unless the invoice specifically states otherwise or unless other terms are specifically approved by CBA. CBA’s terms, unless otherwise agreed, are that all payments are to be made upon receipt of CBA’s invoice and shall be deemed past due and in default if not paid within thirty (30) days of the invoice date. Financing charges at the rate of 1.5% per month may be charged on all past due amounts. Payment by credit card may be accepted subject to a convenience fee. If Purchaser fails to make any payment when due, CBA may terminate this Account Agreement (this “Agreement”) without notice and may place all pending orders on hold until all amounts owing have been paid in full. Termination shall not affect Purchaser’s liability for any existing balance and any services, goods and merchandise on order. CBA may apply any payments received first to finance charges, shipping charges, attorney fees or any other applicable charges in any order before applying the remainder of any such payments toward Purchaser’s principle account balance.
Purchaser also agrees to provide CBA with prompt written notice of any change in Purchaser’s name, address, ownership or form of business entity. This Agreement may be amended from time to time by CBA, with at least 10 days’ written notice to Purchaser. Unless Purchaser terminates this Agreement prior to the effective date of the amendment, Purchaser will be deemed to have agreed to such amendment. Any purchase made after the effective date of any amendment shall constitute an acceptance of the terms of the amendment.
Oral statements or commitments by CBA personnel to extend credit or to alter, modify or change term terms of this Agreement, are not enforceable and are not binding on CBA. Any and all agreements must be in writing to be enforceable against CBA. In case of a conflict between this Agreement and any other agreement between the parties, this Agreement controls. These Terms & Conditions prevail and control over any and all other conflicting terms, conditions and provisions and shall govern all aspects of this Agreement and the services, goods, and materials provided and/or sold by CBA.
CBA may retain an attorney or collection agency to collect amounts that are past due hereunder. Purchaser shall pay all collection costs and reasonable attorney fees incurred by CBA, whether or not suit is brought, to collect any money due hereunder, including post‐judgment costs and attorney fees.
This Agreement may be completed and returned to CBA by electronic transmission, including but not limited to facsimile or e‐mail transmission. Electronic transmission of this Agreement and/or the Application shall be deemed as valid and binding as the submission of an original signed or executed document by the submitting party or parties.
PURCHASER REPRESENTS AND WARRANTS TO CBA THAT IT IS A VALID BUSINESS ENTITY, AND THAT ALL INFORMATION PROVIDED IN THE CREDIT APPLICATION & ACCOUNT AGREEMENT IS TRUE AND CORRECT.
