CONDITIONS OF CREDIT

Any credit granted to you will be granted strictly on the following conditions:-

  1. The supply of services by us to you is made strictly in accordance with our Terms of Trade which may be found on our website www.ballinaconcretepumping.com.au or a copy can be provided to you upon your request. We reserve the right to update our Terms of Trade from time to time. Any agreement between us for the supply of services will be governed by the Terms of Trade in force at the time the agreement comes into effect.
  2. Any amount invoiced must be paid within agreed account terms. The amount due and owing will be the total invoice amount, unless otherwise agreed in writing by us. You must not deduct or otherwise set off any amount from the invoiced amount. Any payment to us must be received as cleared funds.
  3. If you dispute the amount of any invoice, you must notify us in writing within 7 days of the date of receipt of our invoice. You will be deemed to have accepted the invoice amount if no written notice of dispute is given in time.
  4. Failure to make payment on time may result in:
    1. (a)  your credit being suspended; or
    2. (b)  termination of your credit account by us.
  5. We may charge you interest on all overdue amounts at the rate of 10% per annum compounding monthly until payment in full.
  6. You are responsible for any bank fees incurred by us in connection with your payment (including credit card fees, EFTPOS fees, fees for dishonoured payments) and any legal costs (on a full indemnity basis), debt recovery costs or other costs incurred by us in connection with any action we may take to exercise our rights or remedies under these Conditions of Credit. You agree these costs are a debt due from you to us and we may recover these costs from you as a debt due.
  7. Cancellation of services require a minimum of 24 hours’ notice in writing from the time the service is due. Cancellation outside of the minimum requirement period will incur a fee equivalent to 2 hours of time charged at the rate for the Service.
  8. We reserve the right to terminate the credit account for our convenience or vary the terms of the Conditions of Credit from time to time upon written notice to you.
  9. You may terminate the credit account by providing us 30 days written notice.
  10. You authorise us to obtain from credit reporting agencies details of your personal and commercial credit information if required by us for the purpose of assessing this application for credit and the ongoing provision of credit to you. You also authorise us to provide information of your credit position with us to credit reporting agencies (or as required by law) who may seek that information from us.
  11. The grant of any credit by us it at our sole discretion and we are not obliged to grant any credit to any party completing the application for credit.
  12. You authorise us to register a caveat on title of any real property owned by you at your cost to better secure your performance and our rights and remedies and under these Conditions of Credit.
  13. We reserve the right to require the Applicant, at Ballina Concrete Pumping’s absolute discretion, to provide a completed deed of guarantee prior to, or any time after, the granting of any credit.
  14. Liability for the credit account will be joint and several if there is more than one applicant.
  15. You must tell us promptly in writing if there is any direct or indirect change in your ownership or control or any changes to your details as set out in the application for credit.
  16. You are not allowed to assign or novate any right or benefit under the credit account (including these Conditions of Credit) to any party without our prior written consent.
  17. You warrant: (a)  the information contained in the application for credit is true and accurate;
     (b)  you have disclosed all information relevant to your application for credit and our assessment of your application and (if credit is granted) your ongoing use of the credit account; (c)  any credit provided to you by us is for commercial purposes; and (d)  you have had the opportunity to obtain independent legal and financial advice in relation to the application for credit and the Conditions of Credit.
  18. If any part of your application is found to be false, inaccurate or misleading (whether deliberately or not):

(a) we may cancel your credit immediately; and

(b) we will have no liability to you for any costs, loss or damages suffered by you, whether directly or indirectly as a result of the cancellation of your credit.

  1. Any waiver of a right by us must be in writing and is effective only to the extent specified in the waiver. No single or partial waiver of a right, power or remedy precludes any other or further exercise of that or any other right, power or remedy and will not operate as a waiver in relation to any subsequent matter.
  2. If any part of the Conditions of Credit are unenforceable or void, those parts will be severed and the remaining provisions will continue.
  3. The Conditions of Credit will be governed by the laws, and the parties submit to the jurisdiction of the courts, of New South Wales.
  4. Definitions
    1. (a)  ‘we’, ‘us’, ‘our’ and ‘Ballina’ means Ballina Concrete Pumping ACN 617 154 444; and
    2. (b)  ‘you’, ‘your’ and ‘Applicant’ means the applicant as set out in the application for credit.

DEED OF GUARANTEE

I/We the undersigned jointly and severally, unconditionally and irrevocably, guarantee to Ballina Concrete Pumping ACN 617 154 444 (Ballina Concrete Pumping) that

in consideration of us providing the credit account and services to the Applicant:

  1. will be liable for, and indemnify us to the fullest extent permitted by law, the due performance of all obligations by the Applicant in connection with the application for credit, credit account and Conditions of Credit, including payment of all monies payable in connection with the credit account and all costs incurred by Ballina Concrete Pumping in connection with Ballina Concrete Pumping’s enforcement of the Conditions of Credit and recovery of monies owed by the Applicant;
  2. this guarantee shall be a continuing guarantee for the whole of the Applicant’s indebtedness or liability to Ballina Concrete Pumping in respect of the application for credit, credit account and Conditions of Credit;
  3. the granting of any concession or the making of any arrangement with the Application, or any waiver by Ballina Concrete Pumping of any right or remedy, will not discharge the guarantors of this guarantee, including any obligation to pay Ballina Concrete Pumping a sum equal to any other payment to Ballina Concrete Pumping which may be set aside under any insolvency law;
  4. if any provision of the Conditions of Credit is not enforceable for any reason, I/we agree to indemnify Ballina Concrete Pumping against all monies which would have been recoverable from the Applicant had that provision been enforceable;
  5. I/we agree that Ballina Concrete Pumping may register a caveat over any real property owed by me/us at my/our cost to better secure the performance of me/us under this guarantee.

This guarantee shall be revocable at any time in respect of future transactions by written consent of both parties. If Ballina Concrete Pumping agrees to revoke the

guarantee or remove a guarantor from the guarantee, Ballina Concrete Pumping may also terminate the Applicant’s credit account.