PAFC - Terms and conditions
1. OFFER AND ACCEPTANCE:
1.1 By completing, signing or sending the Club this application form, the Applicant has requested that the Club grant credit to it on these
Terms and Conditions.
1.2 The Applicant confirms that they have read and understood these Terms and Conditions and agree to adhere to them.
1.3 The Club agrees to extend credit to the Applicant in the amounts and for such periods as the Club may specify from time to time, in writing to the Applicant.
1.4 Only once the Club has provided written confirmation to the Applicant of the Club’s acceptance of this Application will the Club be bound by the Application and these Terms and Conditions.
2.1 The Applicant warrants that the information provided in the application form is accurate, correct and complete.
2.2 The person/s signing the application form warrants that he/she is duly authorised by the Applicant to apply for the credit and execute the application on its behalf.
2.3 The Applicant will notify the Club no later than 5 days of any change to the information provided in the application form and anything that may impact on the Club extending credit to the Applicant.
3. CREDIT ELIGIBILITY:
3.1 The Club hereby advises that they collect, hold, use and disclose personal information about the Applicant for the purposes of assessing the Applicant’s credit eligibility and ability to make payments to the Club. To enable the Club to assess the Applicant’s application for credit, the Applicant authorises the Club as follows:-
a) To obtain personal and credit information about the Applicant from a credit reporting body in accordance with section
20E(3)(a) of the Privacy Act 1988 (Cth) (‘the Act’);
b) To disclose credit information about the Applicant to a credit reporting body in accordance with section 21D(3)(b) of the Act;
c) To exchange credit information about the Applicant, including details of any default;
d) To disclose personal information about the Applicant to agents and contractors who act on the Club’s behalf to collect debts.
3.2 The Club hereby informs the Applicant that personal and credit information about the Applicant may be given by the Club to a credit reporting body. The credit information which may be given to such a body is covered by section 6N of the Act and includes particulars to identify the Applicant, the fact that the Applicant has applied for credit, and the amount of credit for which the Applicant has applied.
3.3 The Applicant will always have access to information which the Applicant has provided to the Club and may at any time request a correction of that information if the Applicant believes it is not accurate, complete or up-to-date.
4. TERMS OF TRADING:
4.1 In the event of the Club granting credit facilities to the Applicant, then the following terms apply:-
a) All accounts are to be settled in full within 14 days from the date of invoice. Credit facilities may only continue if payment is maintained in accordance with these Terms and Conditions.
b) If a payment the Applicant makes by direct debit is dishonoured, the Club may charge a Dishonour Fee,
c) Should the Applicant default in the payment of any monies due, then all the monies due to the Club shall immediately become due and payable and shall be paid to the Club within seven (7) days of the date of demand and the Club shall be permitted to charge interest at the rate of 1.5% per calendar month on all amounts not paid by the due date for payment until the actual date of payment, and the Applicant undertakes to pay any amounts so charged.
d) Any expenses, costs or disbursements incurred by the Club in recovering any outstanding monies including debt collection agency fees and solicitor’s costs shall be paid by the Applicant, provided that those fees do not exceed the scale charges as charged by that debt collection agency/solicitor.
e) The failure at any time of the Club to demand of the Applicant strict performance of any of the Terms and Conditions shall not be construed as a continuing waiver or relinquishment, and the Club may, at any time, demand strict and complete performance by the Applicant.
f) The Club may at any stage during the continuance of the credit extended under this Credit Application impose as a condition precedent to the grant of further credit a requirement that the Applicant give such security or additional security or information as the Club shall in its discretion require, and in a form acceptable to the Club. The Club may withhold supply of goods or further credit until such security or additional security is obtained.
5. FORCE MAJEURE:
5.1 If by reason of any fact, circumstance, matter or thing beyond the reasonable control of the Club, the Club is unable to perform in whole or in part any obligation under this agreement, the Club shall be relieved of that obligation under this contract to the extent and for the period that it is so unable to perform and shall not be liable to the customer in respect of such inability.
6.1 Upon the occurrence of default by the Applicant in compliance with the Terms and Conditions contained herein, the Club may at it’s discretion withhold further supplies of goods or cancel the agreement, or vary the terms of this agreement without prejudice to its rights hereunder.
6.2 Without prejudice to any other right or remedy the Applicant shall indemnify the Club against any costs, fees, charges and disbursements charged by any mercantile or collection agent of solicitor engaged for the purpose of collection or recovery of monies due and payable by the Applicant to the Club on an indemnity basis and all such costs shall be recoverable as a liquidated debt and, at the option of the Club may be recovered through legal proceedings.
7.1 It is expressly understood that the Club may terminate this Agreement by providing the Applicant with written notice if the Applicant
fails to make any of the payments to be made as agreed between the parties, or otherwise breaches these Terms and Conditions.
7.2 Termination will be effective from the date that the notice is given. In that event, all monies owing to the Club will become immediately due and payable.
8. MISCELLANEOUS PROVISIONS:
8.1 Every provision of this Agreement is severable. If any term or provision is held to be illegal or invalid for any reason, such illegality or invalidity shall not affect the validity of the remainder of the Agreement.
8.2 This Agreement shall be governed by and construed in accordance with laws of the State of South Australia. Any suit or action arising hereunder shall be filed in a court of competent jurisdiction within the State of South Australia.
8.3 The Applicant’s rights are personal to the Applicant and may not be assigned without the Club’s written consent.
8.4 Where the Applicant is a trustee, the Applicant warrants that it is the only trustee of the trust and will remain trustee of the trust, it is not aware of any action having been taken to remove it as trustee of the trust, has the power under the trust deed to enter into and observe its obligations under this Agreement and the assets of the trust are believed to be available to meet payment of any monies due and owing to the Club.