Terms & Conditions
Definitions
"You" and "Your" shall be a reference to each of the Companies listed below as the "Creditor(s) jointly and severally.
"We" and "Us" shall be referenced to each of the Guarantors and Debtors jointly and severally.
AGREEMENT TO BE BOUND BY TERMS
It is a condition of use of this site that Users agree to these Terms and Conditions.
By registering to use this site Users agree to be bound by these Terms and Conditions.
These terms and conditions shall apply to the exclusion of all others including any terms and conditions of the
Customer (whether on the Customer's order form or otherwise). The Customer acknowledges that these
terms and conditions embody the whole agreement between the parties and agrees to be bound by them.
2. GOODS & SERVICES TAX
All charges and purchase costs that are or will become subject to a Goods and Services Tax shall be passed
on by the Company to the Customer and shall be payable by the Customer.
3. PAYMENT
Payment shall be made by the Customer to the Company for all goods supplied, work and labour done and
services rendered within 30 days of the End of Month unless otherwise agreed in writing.
The Customer acknowledges that time is of the essence with regard to payment and that breach of this term
will enable the Company to exercise all of its rights contained herein including
(but without an any way limiting its rights) the right to cancel further credit and to take legal action for the
recovery of all sums outstanding.
4. INTEREST
Should payment remain outstanding beyond the Company's payment terms as outlined in clause 3 above,
the Customer agrees to pay interest on all amounts outstanding from the due date until the date of payment
at a rate equal to the Company's then current overdraft rate as varied from time to time.
5. COSTS
Should payment remain outstanding beyond the Company's payment terms as outlined in clause 3,
the Customer is liable for all costs including legal costs (on a Solicitor/own client basis) and mercantile agent's
fee incurred by the Company in recovering the amount outstanding.
6. DELIVERY
a) Goods shall be delivered to the address specified in the credit application as the address for delivery unless
otherwise agreed to in writing between the parties.
b) In the event that a delivery date is specified by the Customer, the Company shall use its best endeavours to
comply with the Customer's requests. In no circumstances will the Company be liable for any loss or damage
of any kind whatsoever in the event that it is not able to comply with the Customer's request for delivery at a
certain time. The Customer acknowledges and agrees that it will not make any claim against the Company for
any loss or damage incurred as a result of late delivery. The goods will be delivered by the Company to the
Customer and the Customer will be responsible for payment of any delivery costs.
7. CLAIMS
a) In the event that a delivery date is specified by the Customer, the Company shall use its best endeavours
to comply with the Customer's requests. In no circumstances will the Company be liable for any loss or
damage of any kind whatsoever in the event that it is not able to comply with the Customer's request for
delivery at a certain time. The Customer acknowledges and agrees that it will not make any claim against
the Company for any loss or damage incurred as a result of late delivery. The goods will be delivered by the
Company to the Customer and the Customer will be responsible for payment of any delivery costs.
b) No return of allegedly defective goods will be accepted by the Company unless it has given prior written
authorisation for the return.
The proper law of all contracts arising between the Company and the Customer is the law of the State of
Victoria and the parties agree to submit to the jurisdiction of the Courts of the State.
9. WARRANTY
All warranties whether express or implied and whether statutory or otherwise with regard to the goods
supplied by the Company as to quality, fitness for purpose of any other matter are hereby excluded except
in so far as any such warranties are incapable of exclusion at law.
10. CHANGE OF OWNERSHIP
The Customer agrees to notify the Company in writing of any change of ownership of the Customer within
seven (7) days from the date of such change and indemnifies the Company against any loss or damage
incurred by it as a result of the Customer' failure to notify the Company of any change.
11. CANCELLATION
Orders placed with the Company cannot be cancelled without approval of the Company. In the event that
the Company accepts the cancellation of any order placed with it, it shall be entitled to charge a reasonable
fee for any work done on behalf of the Customer to the date of the cancellation including a fee for the
processing and acceptance of the Customer's order and request for cancellation.
12. LIEN
The Customer hereby acknowledges that the Company has a lien over all goods in its possession
belonging to the Customer to secure payment of any or all amounts outstanding from time to time.
13. TITLE
a) Property in any items or goods sold by the Company shall not pass to the Customer until the Customer
has paid for the items or goods in full and all other monies outstanding under any other sale of items or
goods by the Company to the Customer.
b) Risk of loss or damage to the items or goods passes to the Customer upon delivery to the Customer.
Until payment of the purchase price (or all monies outstanding) the Customer is to insure the items or
goods against all risk. Any insurance claim in respect of loss or damage or destruction of the items or
goods is hereby assigned to the Company.
c) The Customer hereby indemnifies the Company against any loss or damage to the items or goods
howsoever if arising.
d) The Customer is entitled to resell the items or goods in the usual course of its business but the Company
is to be paid from the proceeds of the sale the purchase price owed to the Company (or all monies outstanding)
which proceeds, to the extent of the purchase price (or all monies outstanding) shall be kept in a separate
account and held by the Customer in trust for the Company.
e) The Customer shall, on request disclose to the Company all relevant information regarding the items or
goods and any sale by the Customer.
f) In the event that:
(i) the Customer has failed to pay for the items or goods as and when due;
(ii) the Customer has breached any of the conditions of the Contract;
(iii) the Customer commits an act of bankruptcy or becomes bankrupt;
(iv) a receiver or manager id appointed to the Customer;
(v) the Customer is then placed into liquidation;
(vi) the Customer enters into a scheme or arrangement with its creditors;
(vii) execution is issued against the property of the Customer and is returned unsatisfied; or
(viii) the Customer is insolvent;
14. CONSENT FOR CREDIT CHECK - PRIVACY ACT
By signing this form the Customer acknowledges and agrees that the Privacy Act allows the Company to give
a Credit Reporting Agency certain personal information about the Customer at any time after signing this form,
including any of the following;
a) that personal information about the Customer may be given to or acquired from a Credit Reporting Agency.
b) the Company may contact any Trade References or other Credit providers and may acquire information from
or provide information to them in relation to the credit worthiness of the Customer.
15. The Customer hereby acknowledges having read and agreed to the terms and conditions and Privacy Act
provisions of this credit application.
Agreement to gurantee and idenify
To GAS Imports Pty Ltd A.B.N 63 151 530 782WE GAUARANTEE payment of all monies and performance of all obligations by Debtor or any of us arising from any
dealing with you whatsoever.
WE INDEMNIFY YOU against all losses you sustain whatsoever as a result of any dealing you have with Debtor or any
of us.
WE AGREE:
a) to pay you any amount certified by you as payable before we become entitled to dispute whether that amount
is payable.
b) that this agreement shall remain effective notwithstanding any conduct or eventwhich, for this clause may have
the effect of releasing the Debtor or any of us.
c) this agreement is signed by us both in our personal capacity and as Trustee of each and every trust of which we
are trustees.
WE CHARGE in your favour all of our estate and interest in any asset, and including any land in which we now have
interest (or in which we later acquire any interest) with payment of all monies owed to you by the Debtor or any of us.
CONSIDERATION: You to grant credit from time to time and to withold from taking any legal action 30 days against the
Debtor or any of us.
PROPER LAW: We agree that this agreement to Guarantee and Idenify and any claim and any dispute between the
creditor, the Debtor or any of us at all shall be governed by Victorian Law and heard in the appropriate Court at Melbourne.