CREDIT APPLICATION FORM

Sanbray Pty Ltd Trading As: MAILMASTER LETTERBOXES
A.C.N. 010 594 171 ABN 12 010 594 171
Phone: (07) 3397 1966
Fax: (07) 3847 3188
CREDIT APPLICATION FORM
Company Name .................................................................Trading Name ……………..………................……....
Postal Address .........................................................................................................................………………..
Trading Address ……………………..…………………………………………………………………………………….
Telephone (
) ...................……. Fax (
) .................………… Estimated Expenditure $.....………...P.M.
Is this a Pty Ltd Company, Partnership or Sole Trader? ...............................................A. B. N ……….......….....
Nature Of Business .....................................................................………………. Owned for …….…....... Years
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Registered Office ………………………………………………… Accounts Contact ……………………….…….….
Proprietors / Partners / Directors :1/
Name ......................................................................................................................................
Private Address .......................................................................................................................
2/
Name ......................................................................................................................................
Private Address .......................................................................................................................
Bank ........................................... Branch .............................. Acc No. ...................................
Trade References
Phone No.
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The applicant acknowledges that he / she has received a copy of the Terms and Conditions off sale prior to
signing this application. The applicant hereby grants permission for the company to carry out any credit enquires it
may in its sole discretion determine.
In consideration of Sanbray Pty Ltd trading as Mailmaster Letterboxes. (hereinafter called Mailmaster) having
agreed at my / our request to supply the Applicant with goods, I / We hereby agree to pay Mailmaster in the event
of the Applicants failing to do so, all monies due to Mailmaster for goods ordered from or supplied by Mailmaster
to the Applicant. If the applicant shall commit any default in payment for any goods or in any of its other obligations
to Mailmaster I / We will indemnify Mailmaster and hold it harmless against all losses, damages, costs, expenses
or otherwise thereby incurred and I / We warrant that all statements contained in this Credit Application Form are
true and correct in every particular.
Signed: .............……………...............Print Name ...............................................................Date..………….......
Signed: ............................……………Print Name ................................................................Date .…………......
Signed Wittness: ...............................………...............Print Name: ................…………………...........................
NOTE: TERMS STRICTLY THIRTY (30) DAYS
(both pages require signing)
TERMS AND CONDITIONS
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Interpretation
This agreement shall be subject to the provisions of this Trade Practices Act 1974 and any
statutory amendment of re-enactment thereof for the time being in force.
Unless otherwise inconsistent with the context the word 'person' shall include corporation
'Company' shall mean SANBRAY PTY LTD and its agents, servants and employees, and any
of its subsidiaries as defined in Section 7 of the Companies Act and Codes (if such subsidiary
is named as the party making or accepting the order), 'goods' shall include services, and
'Purchaser' shall mean and include the person to whom any quotation is made and shall
include any person offering to contract with the Company on these terms and conditions.
Words importing the singular number shall be deemed to include the plural and vice versa.
Words importing the male gender shall be deemed to include female and neuter gender and
vice versa.
Offer and Acceptance
Any quotation made by the Company is not an offer to sell or to provide services and no order
given in pursuance of any quotation shall bind the Company until accepted by it in writing or
by the commencement of the supply or provision of services
Unless otherwise agreed in writing all orders are subject to acceptance by the Company within
30 days of receipt by the Company of the Purchaser's order and these terms and conditions
shall be deemed to be incorporated in any agreement between the Company and the
Purchaser. Any terms and conditions contained in any order offer acceptance or other
document of the Purchaser and all representations statements terms conditions and
warranties (whether implied by statute or otherwise) not embodied herein are expressly
excluded to the fullest extent permitted by law.
Insofar as goods or services supplied by the Company are not of a kind ordinarily acquired for
personal, domestic or household use or consumption and unless the Purchaser establishes
that reliance of this provision would not be fair and reasonable, the liability for breach of a
condition or warranty implied into this contract by the Trade Practices Act 1974 (other than a
condition implied by section 69) is limited.
In the case of goods to any one of the following as determined by the Company.
the replacement of the goods or the supply of equivalent goods, or
the repair of the goods, or
the payment of the cost if replacing the goods or of acquiring equivalent goods, or
the payment of the cost of having the goods repaired.
In the case of services to any one of the following determined by the Company.
the supplying of the services again, or
the payment of the cost of having the services supplied again.
Delivery
Any date quoted for delivery is an estimate only and unless a guarantee shall have been
given by the Company in writing providing to liquidated damages for failure to deliver by the
quoted date the Company shall not be liable to the Purchaser for any loss or damage
howsoever arising even if arising out of negligence of the Company for failure to deliver on or
before the quoted date. The Purchaser shall accept and pay for goods if and when tendered
notwithstanding any failure by the Company to deliver by the quoted date. Written advice to
the Purchaser that goods are ready for delivery whether in whole or in part shall constitute
tendering and the terms of payment shall apply.
Subject to the provisions of Section 74 of the Trade Practice Act 1974 and to the warranties
therein implied that services will be rendered with due care and skill and that any materials
supplied in connection with those services will be reasonably fit for the purpose for which they
are supplied, the Company shall not be liable to any Purchaser or other party for any direct or
indirect or consequential injury loss or damage whatsoever by reason of any delay in delivery
whether same is due to the negligence of the Company or any other party, strike or any other
industrial action be it of the Company or other party, or any other cause whatsoever.
The Company reserves the right to deliver by instalments. If delivery is made by instalments
the Purchaser shall not be entitled
to terminate or cancel the contract, or
to any loss or damage howsoever arising for failure by the Company to deliver any instalment
on or before the quoted date
It is agreed that the Company shall not be responsible for delay in manufacture or delivery
caused by, or in any way incidental to an act of God, war, fires, breakages of machinery or
strikes or arising our of any other unexpected or exceptional cause, or any cause beyond the
Company's reasonable control.
Any quotation containing a provision to supply goods 'ex stock' is subject to fulfilment of prior
orders at the date of receipt of the Purchaser's order.
Cancellation
Subject to section 75A of the Trade Practices Act 1974 and without limiting the entitlement of
a consumer to rescind a contract as provided in that Section, any order may only be
cancelled, varied or suspended with the written consent of the Company.
Description and Specifications
Whilst every effort is made to ensure their accuracy the descriptions illustrations and material
contained in any catalogue price list brochures leaflets or other descriptive matter provided by
or on behalf of the Company represent the general nature only of the items described therein
and, save where the Company has accepted an order for goods specified as so described or
illustrated, shall not form any party of any order or agreement or amount to any representation
or warranty and save as aforesaid, the use of such description shall not constitute a contract
of sale by description. The Company reserves the right to modify the design of goods without
notice.
The Purchaser warrants that any goods manufactured constructed or supplied by the
Company which are based in whole or in part upon design drawings or specifications supplied
to the Company by or on behalf of the Purchaser shall not infringe any letters patent or
registered designs. The Purchaser shall indemnify and keep indemnified and hold harmless
the Company against any action loss cost claim or damage that may be brought against or
suffered by the Company for any breach of this warranty by the Purchaser.
The Company does not warrant or guarantee and it shall not be a term of any agreement
between the Company and the Purchaser that any goods manufactured constructed or
supplied by the Company which are based in whole or in part on any designs drawings or
specifications supplied to the Company by or on behalf of the Purchaser will achieve any
standard of performance or any capacity whatsoever and the Purchaser acknowledges that it
does not rely on the skill and judgement of the Company for the fitness for any purpose of any
goods so manufactured constructed or supplied.
Wavier
Failure by the Company to insist upon strict performance of any term or condition hereof shall
not be deemed a waiver thereof or of any rights which the Company may have and shall not,
and nor shall any express waiver, be deemed to be a waiver of any subsequent breach of any
term or condition.
Guarantee and Warranty
Except when the Purchaser is a Consumer for the purposes of the Trades Practices Act 1974,
and the conditions warranties and right implied by that Statute cannot be excluded, and
subject always thereto, representations promises statements warranties and conditions
[whether (subject as aforesaid) statutory express or implied] regarding any goods or services
supplied by or on behalf of the Company are expressly excluded. The Company shall not be
liable for any loss or damage whatsoever and howsoever arising whether direct indirect or
consequential or in respect of any claim whenever and however made for any loss damage
deterioration deficiency
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or other fault or harm in the goods manufactured, work executed or services provided by or on
behalf or in any arrangement with the Company or occasioned to the Purchaser or any third or
other party or to his or their property or interest and whether or not due to the negligence of
the Company its servants or agents.
As soon as any of the facts or matters which form any part of the claim or complaint
whatsoever become known to the Purchaser, the Purchaser shall within fourteen days notify
the Company in writing of the same.
The Company's liability shall be limited in all circumstances to the repair or replacement or
monetary compensation at the option of the Company of any goods manufactured by it which
are returned only upon the written authority of the Company.
The Company shall not be liable in any circumstances for any:
defects or damages caused in whole or in part by misuse, abuse, neglect, electrical or other
overload, unsuitable lubricant, improper installation, repair or alteration (other than by the
Company) or accident;
any transport installation removal labour or other cost;
goods not manufactured by it but the Company will endeavour to pass onto the Purchaser the
benefit of any claim made by the Company and accepted by the Purchaser and the benefit of
any claim made by the Company and accepted by the manufacturer of such goods under a
warranty given by that manufacturer, provided that nothing contained in this sub-paragraph
shall limit the rights of the Purchaser to proceed against the Company pursuant to the Trade
Practices Act 1974.
technical advice or assistance given or rendered by it to the Purchaser whether or not in
connection with the manufacture construction or supply of goods for or to the Purchaser
provided always that the Company has rendered such services with due are and skill and that
any materials supplied in connection with those services are reasonably fit for the purpose for
which they are supplied.
Insurance
In the event that the goods are covered by insurance taken out by the Company, the Company
will only be liable to the extent of any indemnity provided.
Insolvency and Default
If The Purchaser makes default in any payment due hereunder.
A resolution is passed or proposed or a petition is presented or an application filed for the
winding up of the Purchaser.
A receiver or receiver and manager is appointed of the property or any part of the property of
the Purchaser.
The Purchaser makes or proposes to make any arrangement with its Creditors.
The Purchaser is placed under official management.
Execution is levied upon the assets of the Purchaser for an amount in excess of $1,000.00
and is not within seven days satisfied, then, and in any such event, the Company may at its
option withhold further deliveries or cancel the contract without prejudice to its rights,
hereunder PROVIDED HOWEVER that the Company may at any time and from time to time
upon such terms as it may determine waive any of its rights under this Clause, but without
prejudice to its rights thereafter to rely upon the happening thereafter of any of the events
hereinbefore referred to or upon the continuation after such waiver of any state of affairs the
subject of such waiver.
Title Lien
Title to the goods to be delivered will not pass to the Purchaser until payment in full for the
goods has been received by the Company. Until the date of final payment the Purchaser shall
store the goods so that they are clearly identified as the property of the Company.
In addition to any lien to which the Company may be statute or otherwise, be entitled, the
Company shall in the event of a Purchaser's insolvency, bankruptcy or winding-up be entitled
to a general lien on all property or goods belonging to the Purchaser in its possession
(although such goods or some of them have been paid for) for the unpaid price of any other
goods sold and delivered to the Purchaser under this or any other arrangement understanding
or contract.
Risk
Unless otherwise agreed in writing all goods shall be at the Purchaser's risk upon delivery to
the Purchaser his carrier or agent.
Payment
Unless otherwise agreed in writing payment terms are net cash 30 days from the end of the
month in which the goods are delivered to the Purchaser his carrier or agent.
If the Company does not receive forwarding instructions sufficient to enable it to dispatch the
goods within 14 days of notification that they are ready, the Purchaser shall be deemed to
have taken delivery of the goods, and the terms of payment shall apply from such date. The
Purchaser shall be liable for storage charges payable monthly on demand, storage being at
the Purchaser's risk.
Price
Unless otherwise expressly agreed in writing the price of the goods shall be that price charged
by the Company at the date of delivery plus the amount which the Company is required to pay
on account of excise, or sales taxes or any other taxes or charges which may be established
or levied by any governmental authority (domestic or foreign) upon the goods or any part
thereof, or the manufacture, use, sale or delivery thereof.
Unless otherwise specified any prices quoted do not include transportation costs.
The prices quoted are based on present day cost of labour and materials and will be subject
to contract price adjustment at the option of the Company.
I, ...................................................(Name) ................................. (Position)
of,...............................................................(Company) have read these
Terms & Conditions and agree to abide by them.
Signed: ............................................... Date: ........................