SIGNFIX SYSTEMS LIMTED APPLICATION FOR CREDIT ACCOUNT
Form 10 (Issued: 1 Sept 1999)
TRADING NAME (The Buyer) : ........
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DESCRIPTION OF BUSINESS: .............................................................................................................................
BUSINESS ADDRESS:
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POSTAL ADDRESS:
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PHONE NO: ............................................................
FAX NO: .................................................................
ACCOUNTS PH (if different) :
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CONTACT NAME: .................................................
ORDERS PH:(if different) :
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CONTACT NAME: .................................................
CREDIT LIMIT APPLIED
FOR $ ............................
PREVIOUS ACCT WITH SIGNFIX YES
. NO ..
ISSUED CAPITAL: $
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PAID UP CAPITAL: $...............................................
SHAREHOLDERS:
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SHARES HELD:
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DIRECTOR
Yes/No:
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BANK:
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BRANCH: .................................................................
ACCOUNTANT:
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FIRM:
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SOLICITOR:
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FIRM: .......................................................................
MORTGAGES TO: ..................................................
AMOUNT: ...............................................................
DEBENTURES TO:
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AMOUNT: ...............................................................
BUSINESS REFERENCES:
1...............................................................................
Monthly Spend:
$..............................................................................
PHONE NO:
(.....).........................................................................
2...............................................................................
Monthly Spend:
$.............................................................................
PHONE NO:
(.....)........................................................................
3..............................................................................
Monthly Spend:
$.............................................................................
PHONE NO:
(.....).......................................................................
Have proceedings for the recovery of debt, bankruptcy or insolvency ever been brought against the buyer
(if so provide details) .....
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I/We have read and agree to the Terms and Conditions of Trade attached.
SIGNED: ...................................................................
DATE:
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I/we give SIGNFIX SYSTEMS LTD the authority to make enquires from any person or company concerning my/our credit application.I/we give SIGNFIX SYSTEMS LTD the authority to make enquires from any person or company concerning my/our credit application.
SIGNED ...................................................................
DATE:
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I/we personally guarantee payment of all debts incurred by the applicant company in respect of goods supplied by SIGNFIX SYSTEMS LTD to the applicant company.I/we personally guarantee payment of all debts incurred by the applicant company in respect of goods supplied by SIGNFIX SYSTEMS LTD to the applicant company.
Print Name:
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Signature:
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Date:
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[SIGNFIX SYSTEMS LTD, P O Box 409 Paraparaumu] [Ph 04 297 2185] [Fax 04 298 2334]
Terms and Conditions of Trade
1) General
a) Signfix Systems Ltd is referred to in these Terms and Conditions of Trade as SIGNFIX and the person, company or entity which SIGNFIX enters into any contract evidenced by or arising out of this document is described as the Buyer
b) Unless the context requires otherwise, the term goods shall mean all goods which are or form part of the subject matter of any contract evidenced by or arising out of this document.
2) Variation
a) The terms and conditions of any contract evidenced by or arising out of this document shall not be modified or varied except in writing signed by SIGNFIX.
b) Unless so modified or varied, these terms and conditions override and negate any contrary term, condition or intention contained in any of the Buyer's conditions of purchase, conditions of contract or other forms.
3) Payment
a) Payment for goods supplied is due not later than 20th of month following date of invoice.
4) Risk and Insurance
a) Notwithstanding anything else contained in this document, the risk in any and all goods supplied by SIGNFIX to the Buyer shall pass to the Buyer on despatch of the goods from SIGNFIX premises and in particular the Buyer shall be responsible for all goods in transit and shall fully insure them.
b) SIGNFIX makes no representations, warranties or conditions, express or implied, as to or concerning the goods. Any and all other representations, warranties , terms and conditions implied by any laws including but not limited to the Sale of Goods Act 1908 are excluded. SIGNFIX shall not be liable for any consequential, incidental or special damages arising directly or indirectly from the use of the goods in any circumstances whatsoever. As conditions of use are beyond SIGNFIX's control, SIGNFIX has no liability (express or implied) for any loss, damage or physical injury, loss of income sustained or arising from the use of any of SIGNFIX's goods.
5) Ownership in Goods retained by SIGNFIX until All Payments Up To Date
a) Ownership in all goods supplied by SIGNFIX to the Buyer shall remain vested in SIGNFIX until the Buyer has made payment in full for all such goods supplied together with payment in full for all other moneys (whether for goods supplied, services rendered, interest accrued or otherwise) owing by the Buyer to SIGNFIX.
b) Until full payment of all these amounts has been received by SIGNFIX, the following conditions shall apply:-
i) All goods supplied shall remain the sole and absolute property of SIGNFIX.
ii) The Buyer acknowledges that it retains possession of the goods in trust for SIGNFIX as the beneficial owner.
iii) The Buyer shall store the goods on its premises in such a manner as to make them readily identifiable as belonging to SIGNFIX and shall display such identification as may from time to time be requested by SIGNFIX.
iv) If any or all of the goods are sold by the Buyer then all proceeds of sale shall be property of SIGNFIX and shall be retained in trust by the Buyer for SIGNFIX and shall not be intermingled with any other moneys or paid into any overdrawn bank account and shall at all times be kept identifiable as moneys held in trust for SIGNFIX.
v) If before it becomes the owner of the goods the Buyer makes new objects from the goods or incorporates them into or with other goods those other or new goods shall automatically become thereby vested in SIGNFIX as surety for all sums owing to SIGNFIX.
vi) The Buyer will on demand (as those words are defined in the Fifth Schedule in the Chattels Transfer Act 1924) assign all proceeds of sale of any goods by the Buyer to SIGNFIX and will upon request disclose full details of the sale and proceeds of sale to SIGNFIX.
vii) Where SIGNFIX has reasonable cause to believe the Buyer has not strictly complied with these terms and conditions of trade or that the Buyer has or will commit an act of bankruptcy or, being a company, has had a receiver, receiver and manager, liquidator or statutory manager appointed or about to be appointed, SIGNFIX may repossess any or all of the goods supplied and for such purpose may at any time day or night enter by force if necessary upon any premises where such goods are reasonably thought by SIGNFIX to be stored.
viii) Where goods are held by the buyer, or trust for SIGNFIX, the buyer shall indemnify SIGNFIX for any damage while the goods are in the buyers possession.
6) Default in Payment
a) The Buyer agrees to pay interest on all sums outstanding at a rate of 18% per annum calculated on a daily basis from the due date for payment until payment in full is received by SIGNFIX.
b) The Buyer agrees that should an overdue account reach the stage where a solicitor, debt collector or repossession agent is instructed by SIGNFIX, SIGNFIX will have suffered a loss in respect of time and input spent in attempting to collect the debt and in instructing the solicitor, debt collect or repossession agent. The parties hereby estimate this loss as being 10% of the relevant debt (including any interest accrued thereon) as at the date of instructing the solicitor, debt collector or repossession agent and the Buyer hereby agrees to pay such sum as liquidated damages. If the Buyer is, or holds itself out as purchasing the goods for the purposes of a business (as defined by the Consumer Guarantees Act 1993) (the Act) it is expressly agreed that the guarantees implied by the Act are excluded. If a solicitor, debt collector or repossession agent is instructed by SIGNFIX the Buyer agrees to pay the solicitor's debt collector's or repossession agent's fees and disbursements as charged to SIGNFIX in full as an additional liability under these terms and conditions of trade.
7) No assignment
a) The Buyer may not assign all or any of its rights or obligations under any contract evidenced by or arising out of this document without the prior written consent of SIGNFIX.
8) Force Majeure
a) SIGNFIX shall not be liable for failure or delay in supply, manufacture or delivery occasioned by strike, riots, lock-outs, difficulty in procuring suitable materials, goods or substances required for the manufacture of the goods, acts of god, shortage of stocks, shortage of labour, lack of skilled labour, delays in transit, legislative, governmental or other prohibitions or restrictions, fire, food, hostilities, commotion's or other causes whatsoever whether similar or not to the foregoing, beyond SIGNFIX's reasonable control.
9) Returns
To the full extent permitted by law returns other than of non-complying goods are solely within the discretion of SIGNFIX and are subject to the buyer paying SIGNFIX's prevailing return charge of 15% of goods value plus all freight charges.
10) Infringement of Copyright and Patents
The buyer acknowledges SIGNFIX's intellectual property rights in relation to the goods, including but not limited to copyright and agrees not to use such intellectual property for any unauthorised purpose or otherwise infringe such rights.