I/we (the “Customer”) hereby make application to open an account with E C Birch Pty Ltd (“E C Birch”) within Australia in accordance with its conditions of sale which we acknowledge we have read and understood.
Cash account
I/we understand that we are setting up a cash account, where the goods must be paid for in full before they are despatched.
30 day account
If I/we are set up as a 30 day account, the terms of payment are strictly nett 30 days from end of month.
Should the Customer reside outside of the Commonwealth of Australia, then the Customer acknowledges that the account is set up in accordance with E C Birch’s export policy requirements.
If at any time the Customer defaults in payment by the due date then all monies owed to E C Birch shall immediately become due and payable.
E C Birch shall be entitled to charge interest on all amounts not paid by the due date and the Customer undertakes to pay any such interest charged. Interest shall be calculated at
a rate not exceeding 2% per month.
Any legal costs and disbursements and any collection agents fees and commission incurred by EC Birch in recovering any outstanding monies shall be paid by the Customer.
NOTE All display /panel units provided to the customer by E.C Birch are provided on a loan basis only and remain the property of E C BIRCH PTY LTD at all times.
E C Birch shall be entitled to terminate without notice any credit arrangement with the Customer in
the event of non-compliance with any of these terms and conditions.
1. The risk in the goods passes to the Customer on delivery.
2. The property in the goods remains with EC Birch until all monies owing to E C Birch by the Customer together with all collection, repossession and/or legal costs incurred, have been paid in full.
3. The Customer shall hold the goods as bailee for E C Birch until payment in full has been received.
4. In the event that the goods are sold by the Customer prior to payment in full and whether or not the goods have become constituents of other goods, the proceeds of sale of the goods shall belong to E C Birch and they shall be received and held by the Customer on trust for E C Birch.
The Customer consents to EC Birch effecting a registration on the PPSR in relation to any Security Interest arising under or in connection with the provision of goods by E C Birch to the Customer on credit and the Customer agrees to provide all assistance reasonably required by E C Birch to facilitate this. The Customer acknowledges that if E C Birch’s interest under these terms and conditions is a Security Interest for the purposes of the PPSA:
• that Security Interest relates to the goods and all proceeds of any kind; and
• these terms and conditions are a security agreement for the purposes of the PPSA.
For the purposes of this clause:
PPSA means the Personal Property Securities Act and any regulations made pursuant to it; and
Proceeds has the same meaning as in the PPSA.
I/We/The Company hereby make application to open an account with E C Birch Pty Ltd within Australia in accordance with its conditions of sale which we acknowledge: I/we understand that if we will be set up as a cash account with monies due in full before goods are despatched. Account details will be sent to the New Zealand distributer Valeta Ltd where orders that are placed will be invoiced and despatched via Valeta Ltd.
Should the application be from outside the Commonwealth of Australia then I/ we acknowledge the account is set up in accordance with E C Birch’s export policy requirements.
If at any time the monies are overdue then the entire account becomes due and E C Birch Pty Ltd is justified in proceeding legally to recover the whole debt. We agree to pay the whole of the legal costs and disbursements and any Collection Agent’s fees and commission incurred by E C BIRCH in order to collect any amount owing by us.
NOTE Any display /panel units provided are on a loan basis only and remain the property of E C BIRCH PTY LTD.
