TERMS OF TRADING
MIN. FIRST ORDER $2000 EXC. GST, MIN. REPEAT ORDER $500.00 EXC. GST
INITIAL TRANSACTION - PROFORMA (NETT)
ACCOUNTS - STRICTLY 30 DAYS NETT FROM DATE OF STATEMENT
Upon successful application for credit, Albi will extend credit to the customer, setting an upper Iimit of which the customer will be notified.
The customer is liable for all out-of-pocket expenses and all other reasonable expenses including debt collection commission and legal costs on a solicitor/own basis incurred by Albi for enforcement of obligations and recovery of moneys due from the customer to Albi.
CLAIMS AND RETURNS
These are only accepted if authorised by Albi, or its agents, and are notified within 7 days of receipt of goods. No goods shall be returned by the customer without prior consent of Albi. Goods may only be returned by a carrier approved by Albi, All freight costs are to be at the expense of the customer.
FREIGHT AND DELIVERY OF GOODS
All goods are delivered EX-WAREHOUSE. Risk passes to the purchasers upon delivery of goods to the purchaser. Delivery of goods to the purchaser’s agent, carrier or representative shall constitute delivery to the purchaser. Freight costs and in transit insurance is the responsibility of the purchaser and are excluded from the price of the goods sold. Albi will arrange freight, but not for reward on the purchaser’s behalf. If goods are sold free into store (FIS), GST is chargeable on what is deemed to be the freight component.
RESERVATION OF TITLE
Until the purchaser has paid all amounts owing by the purchaser to Albi (and all cheques or negotiable instruments have been paid), the title and property in the goods does not pass to the purchaser.
For the purpose of this section, the capitalised terms have the following meaning:
PPSA means the Personal Properties Securities Act 2009 (Cth).
PPSR means the Personal Property Securities Register established pursuant to the PPSA.
Security Interest means an interest in personal property provided for by a transaction that, in substance, secures payment of money or performance of an obligation (without regard to the form of the transaction or the Identity of the person who has title to the property), and also includes a transaction which the PPSA treats as a security interest whether or not the transaction concerned, in substance, secures payment or performance of an obligation.
The purchaser acknowledges that pursuant to these terms it grants to Albi a Security Interest in the goods and, for avoidance of doubt, the proceeds of sale of the goods for the purposes of the PPSA.
The purchaser consents to Albi effecting a registration on the PPSR (in any manner Albi considers appropriate) in relation to the Security Interest arising under or in connection with these terms and the purchaser agrees to provide all assistance required by Albi to facilitate this.
The purchaser acknowledges and agrees that in relation to the part of the goods that is inventory, the purchaser will not allow any Security Interest to arise in respect of those goods unless Albi has perfected its Security Interest in the goods prior to the purchaser’s possession of the goods.
If Chapter 4 of the PPSA applies to the enforcement of the Security Interest arising under or in connection with these terms, the purchaser agrees:
- to the extent that section 115(1) of the PPSA allows this, the following provisions of the PPSA will not apply to the enforcement of that Security Interest: section 95 to the extent that it requires Albi to give a notice to the purchaser, section 96, section 121(4), section 125 (obligation to dispose of or retain collateral), section 130 to the extent that it requires Albi to give notice to the purchaser, paragraph 132(3)(d), subsection 132(4), section 142 and section 143 (reinstatement of security agreement); and
- to the extent that section 115(7) of the PPSA allows this, the following provisions of the PPSA will not apply to the enforcement of that Security Interest: section 127, section 129(2) and (3), section 132, section 134(2), section 135, section 136(3), (4) and (5) and section 137.
If the purchaser makes payment to Albi at any time whether in connection with these terms or otherwise, Albi may, at it absolute discretion, apply that payment in any manner it sees fit.
The purchaser agrees to immediately notify Albi of any changes to it name or address (as specified in these terms).
The purchaser agrees to do anything Albi requests the purchaser to do (such as obtaining consent, signing and producing documents, producing receipt and getting document completed and signed):
- to provide more effective security over the goods
- to register In respect of a Security Interest constituted by these terms at any time
- to enable Albi to exercise its rights in connection with the goods
- to show Albi whether the purchaser has complied with these terms
The purchaser shall pay on demand any losses arising from, and any costs and expenses incurred in connection with, any action taken by Albi under or in relation to the PPSA, including any registration, or any response to an amendment, demand or a request under section 275 of the PPSA.
Any notices or documents which are required or permitted to be given to Albi for the purposes of the PPSA must be given in accordance with the PPSA.
The purchaser waives the right to receive any notice under the PPSA (including notice of a verification statement) unless the notice is required by the PPSA and cannot be excluded.
Each party agrees not to disclose information of the kind mentioned in section 275(1) of the PPSA, except in the circumstances required by sections 275(7)(b) to (e) of the PPSA. The purchaser agrees that it will only authorise the disclosure of information under section 275(7)(c) or request information under section 275(7)(d) if Albi approves.
The purchaser agrees that Albi may disclose information of the kind mentioned in section 275(1) of the PPSA to the extent that Albi is not doing so in response to a request by an “interested person” (as defined in section 275(9) of the PPSA) pursuant to section 275(1) of the PPSA.
RIGHT TO CANCEL, WITHHOLD DELIVERY AND RECOVER GOODS
Albi shall be entitled to cancel an order, cancel credit or withhold delivery of goods ordered if:
- The customer is in default in payment for any goods alter the expiration of 30 days from the date of statement
- The customer has exceeded the credit limit extended by Albi
- The customer becomes bankrupt or being a company goes into liquidation or has a receiver appointed
- The customer’s credit application has not been completed and signed to the satisfaction of Albi
- The trade references supplied by the customer are unsatisfactory
On the happening of any such event, Albi shall be entitled to demand and receive possession of all goods held by the customer whom Albi has retained legal right.
Goods are for retail sale only at the venue of this account application form when approved by Albi.
IMPORTANT NOTICE TO APPLICANT(S) FOR CREDIT (Section 18E(8)(c) Privacy Act 1988)
Please read carefully.
The supplier may give information about you to a credit reporting agency, but only limited kinds of information allowed by the Privacy Act 1988 (Commonwealth). This includes:
- Identity details - this only includes your name, sex, date of birth, current known address, two immediately previous addresses, your current or last known employer, and your driver licence number
- The fact that you have applied for credit and the amount
- The fact that the supplier is a credit provider to you
- Payments overdue for at least 60 days when the supplier has taken steps to recover
- Advice that payments are no longer overdue
- Cheques drawn by you which have been dishonoured more than once
- The opinion of the supplier that you have committed a serious credit infringement
- When the credit provided to you has been discharged
STATEMENT BY APPLICANT(S) FOR CREDIT
Please read carefully before signing. Where there are more than one applicant, each applicant is to sign.
Giving information to a Credit Reporting Agency (Section 18E(8)(c) Privacy Act 1988).
The supplier has informed me that it may give certain personal information about me to a credit reporting agency.
Exchanging Information With Other Credit Providers (Section 18N(1)(b) Privacy Act 1088).
I agree to the supplier checking personal information about me with any credit provider named in my credit application and with other credit providers that might be named in a credit report issued by a credit reporting agency, for any of the following purposes:
- To assess my credit worthiness
- To assess an application by me for credit
- To help me avoid defaulting on my credit obligations
- To notify a default by me
I understand that this information can include any information about my credit worthiness, credit standing, credit history or credit capacity that credit providers are allowed to give to or receive from each other under the Privacy Act 1988. I further agree that the supplier may disclose a credit report or any personal information derived from it to another credit provider, for any of the purposes mentioned above.
Access to Commercial Credit Information (Section 18L(4) Privacy Act 1988).
In order to assess my application for credit, I consent to the supplier obtaining a report containing information about my commercial activities or commercial credit worthiness from a business which provides information about the commercial credit worthiness of persons.
Access to Consumer Credit Information for a commercial Credit Application (Section 18K(1)(b) Privacy Act 1988).
I hereby give Albi authorisation to conduct all relevant credit checks and searches and to utilise any information collected to enable Albi to establish my credit worthiness. I agree Albi may acquire personal and commercial information about myself in relation to our credit worthiness from any relevant reporting agency and you may disclose to such agencies any personal or commercial information or any other assessment made in relation to my credit worthiness.