Credit Account Application – Auckland – Linkup Performance Coatings

Credit Account Application - Auckland

"*" indicates required fields

Customer Business Details

Registered or Legal Name*

Trading Name*

Billing Address*

Delivery Address*

Email Address*

Contact Number*

Company Number*

Date of Incorporation*

Nature of Business*

Purchaser Name*

Phone*

Email*

Purchaser order number required*

Smart Trade Number*

Accounts Payable Contact Email*

Phone*

Email for Invoices*

Email for statements*

Solicitor Name*

Accountant Name*

Bank and Branch*

Directors / Owners / Trustee

Select the number of Directors / Owners / Trustees*

Full Name*

Phone*

Private Address*

Full Name

Phone

Private Address

Full Name

Phone

Private Address

Full Name

Phone

Private Address

Trade References

Please provide companies that are willing to do a trade reference

Company Name*

Accounts Receivable Phone*

Company Name

Accounts Receivable Phone

Company Name

Accounts Receivable Phone

Signatures

I certify that the above information is true and correct, and I am authorised to make this application for credit. I have read and understand the TERMS AND CONDITIONS OF TRADE (overleaf) of Proline coatings Limited which form part of and are intended to be read in conjunction with this credit account application and agree to be bound by these conditions. I authorise the use of my personal information as details in the Privacy Act clause therein. I agree that if I am a director/shareholder (owner at least 15% of the shares) of the Customer I shall be personally Liable for the performance of the customers obligations under this contract.

Signed (Customer)*

Sign with mouse or stylus

Name*

Position*

Witness to Customer's Signature

Signed*

Sign with mouse or stylus

Name*

Date*

Guarantee

In consideration of Proline Coatings Limited supplying to the person or company as;

such goods as that customer may from time to time require of Proline Coatings Limited, I, the undersigned

GUARANTEE to Proline Coatings Limited the due amount of all monies now due or at any time becoming due to DBNZ Coatings Limited by the customer for the goods supplied to the customer. This shall continue or standing guarantee.

No granting of credit, extension or form of credit or granting of time to the customer and no waiver indulgence or neglect to sue on the part of Proline Coatings Limited and no change of constitution of Proline Coatings Limited shall impair my liability under this guarantee, but as between myself and Proline Coatings Limited, I shall be deemed to be a principal debtor and liable to Proline Coatings Limited accordingly.

Signed*

Date*

Full Name*

First Last

Phone*

Position*

Company manager, Secretary, etc.

Address*

Street Address Address Line 2 City State / Province / Region ZIP / Postal Code

Conditions of Sale for Goods Supplied by Proline Protective Coatings Limited*

I agree to the conditions

1. Conditions Paramount:
(a) All goods are supplied on the basis of these conditions and in the event of any conflict between these conditions and the provisions of any document used by the buyer or any other arrangement between the parties, these conditions shall prevail unless otherwise agreed in writing signed by both parties.
(b) The buyer acknowledges that:
(i) Linkup Performance Coatings Limited has not made any representations about the goods, represented that the goods are fit for any particular purpose, applied any description to the goods or provided any express guarantee (as defined in the Consumer Guarantees Act 1993); and
(ii) The buyer has not made known to Linkup Performance Coatings Limited particular purpose of which the goods are being acquired: other than those expressly confirmed by Linkup Performance Coatings Limited in writing.

2. Orders:
All orders are accepted by Linkup Performance Coatings Limited subject to ability to supply and to prices ruling at time of delivery.

3. Payment:
(a) All goods are due for payment on or before the 20th of the month following delivery.
(b) Any dispute regarding prices must be raised within seven days of receipt. Failure to do so will invalidate any such claim.
(c) Interest of 2.5% compounding will be charged on any outstanding accounts.
(d) Any agreed rebate will only be credited if trading terms are adhered to.

4. Delivery:
Any dispute regarding delivery of goods ordered must be raised within seven days of receipt. Failure to do so will invalidate any such claim.

5. Risk and Ownership:
(a) Title (both legal and equitable) in the goods will not pass to the buyer until the goods have been paid for in full.
(b) The goods will be at the buyer’s risk immediately on delivery to the buyer or into the buyer’s custody (whichever is sooner) and the buyer is responsible for insuring the goods from this time even though title in the goods may not have passed to the buyer.
(c) Until title in the goods passes to the buyer, the buyer acknowledges that it holds the goods or any products which incorporate the goods solely as bailee and in a fiduciary capacity.
(d) In the event that goods or any products which incorporate the goods sold by the buyer include goods in respect of which title has not passed to the buyer, the proceeds of the sale of such goods (or the proportion of the proceeds of the sale of any such mixed products as most closely equates to the proportion of the content of the goods in the mixed products) will belong to Linkup Performance Coatings Limited and the buyer in its capacity as trustee of such proceeds shall account for such proceeds to Linkup Performance Coatings Limited on demand and in no circumstances later than the relevant due date.
(e) If the buyer makes default in payment or becomes insolvent, bankrupt, calls a meeting of creditors, or goes into liquidation (voluntary or otherwise), Linkup Performance Coatings Limited reserves the right to enter, and the buyer irrevocably consents to Linkup Performance Coatings Limited entering, by its servants or duly authorised agents, on to the buyer’s premises or on to any premises where the goods are reasonably thought to be stored, without responsibility for any damage caused, and repossess and subsequently resell the goods.
(f) The Buyer grants a security interest in any goods supplied and/or proceeds of sale to Linkup Performance Coatings Limited and agrees and acknowledges that Linkup Performance Coatings Limited may register a financing statement in respect of the security in the Personal Property Securities Register.
(g) The Buyer waives its rights under section 148 of the Personal Properties Security Act 1999 to receive a copy of the verification statement relating to the registration of a financing charge statement in the Personal Property Security Register.

6. Intellectual Property:
The Buyer acknowledges that Linkup owns all right, title and interest in all Intellectual Property supplied or provided to the Buyer by Proline Coatings Limited and the Buyer agrees not to use or deal with such Intellectual Property except in accordance with Proline Coatings Limited instructions and authority.

7. Default by Buyer:
If the buyer makes default in payment or becomes insolvent, bankrupt, calls a meeting of creditors, or goes into liquidation (voluntary or otherwise), Linkup Performance Coatings Limited may, notwithstanding any waiver of such default of failure and without prejudice to its other rights, suspend delivery, cancel any order or require payment in cash or on delivery of goods, notwithstanding the terms of payment herein specified.

8. Consumer Guarantees Act 1993:
(a) If the buyer is acquiring the goods for the purposes of a business, the buyer agrees that the provisions of the Consumer Guarantees Act 1993 do not apply to the contract.
(b) If the buyer provisions of the Consumer Guarantees Act 1993 do apply to the contract, clause 9 of these conditions shall have no effect and the responsibility of Linkup Performance Coatings Limited and the rights and remedies of the buyer in respect of the supply of goods by Linkup Performance Coatings Limited to the buyer shall be governed by the Consumer Guarantees Act 1993.
(c) Nothing in these conditions is intended to have the effect of contracting out of the provisions of the Consumer Guarantees Act 1993 except to the extent permitted by the Act.

9. Buyer’s Obligations:
(a) Where the buyer supplies the goods in trade to a person acquiring them for business purposes, it must be a term of the buyer’s contract with that person that the Consumer Guarantees Act 1993 does not apply in respect of the goods.
(b) Where the buyer supplies the goods to any other person in the course of trading, the buyer must not give or make any undertaking, assertion or representation in relation to the goods without Linkup Performance Coatings Limited prior approval in writing, and the buyer must not represent that it is acting as an agent of Linkup Performance Coatings Limited
(c) The buyer agrees to indemnify Linkup Performance Coatings Limited against any liability or cost incurred by Proline Coatings Limited as a result of any breach by the buyer of the obligations contained in the clause 8.

10. Liability of:
(a) This clause applies only where the provisions of the Consumer Guarantees Act 1993 do not apply to the contract.
(b) The liability of Linkup Performance Coatings Limited in respect of any claim or action by the buyer for any remedy or compensation for any loss, injury, costs, expenses or damage (including, without limitation, consequential loss of indirect damages) arising directly or indirectly out of the supply of goods by Linkup Performance Coatings Limited to the buyer, or the failure by Linkup Performance Coatings Limited.

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