Booth Transport National Form 217 Credit Application Form Issue 6: 07 March 2016 Page 1 of 6 CUSTOMER DETAILS - APPLICATION FOR TRADE CREDIT Please tick the appropriate boxes ❒ 7 Days ❒ 14 Days Term of Trade Sole Trader ❒ Partnership ❒ ❒ 30 Days Proprietary Company ❒ Govt. Dept. ❒ LTD Co ❒ Other ❒ Company / Trade Names: Legal Name (if different to above): Address (street): Suburb: State: Postcode: Suburb: State: Postcode: Web Address ACN: ABN: Phone #: Fax #: Postal Address (if different to above): Your Accounts Payable Contact Name: AP email address: Email Address for pdf weekly invoicing (or “as above” or N/A): POD required for invoicing(Yes/ No): Parent Company Name: Payment Type (EFT preferred with Remittance sent to accountsrecievable@boothtransport.com) BSB-085458 Acc-946752799 ❒ EFT ❒ Credit Card ❒ Cheque Monthly Credit Limit Required: $ Your Business Premises: Owned ❒ Rented ❒ Leased ❒ Please circle the category/ies which best describes your business: ❒ Bulk ❒ Chemicals ❒ Export ❒ Food ❒ Wine ❒ Manufacturing ❒ Milk ❒ Produce ❒ Transport ❒ Other (please detail):......……………………….. Details of Directors (if Proprietary Company): Person Authorised to Agree to Rates: 1. Full Name: 1. Full Name: Street Address: Street Address: Suburb: State: P/C: Suburb: Drivers Licence #: Drivers Licence #: 2. Full Name: 2. Full Name: Street Address: Street Address: Suburb: State: P/C: Suburb: State: P/C: State: P/C: Note: If this document is printed, it must be considered an “Uncontrolled Document”. Refer to the Intranet for the latest issue. Booth Transport National Form 217 Credit Application Form Issue 6: 07 March 2016 Page 2 of 6 Trade Reference 1: Name: Nature of Business: Person of Contact: Phone Number: Office Use: Trading Terms: Trading since: Pay on time (Y/N): Amount Traded per month: Trade Reference 2: Name: Nature of Business: Address (street): Suburb: State: Postcode: Phone # Fax #: Mobile #: Email: Trade Reference 3: Name: Nature of Business: Address (street): Suburb: State: Postcode: Phone # Fax #: Mobile #: Email: Please also attached a copy of your Certificate of Registration Booth Authorisation: (Must be completed before sending to Corporate Services) ALPHA CODE: Depot: Person requesting: Division needed: ❒ Tankers ❒ Containers ❒ General ❒ Storage Note: If this document is printed, it must be considered an “Uncontrolled Document”. Refer to the Intranet for the latest issue. Booth Transport National Form 217 Credit Application Form Issue 6: 07 March 2016 Page 3 of 6 GENERAL TERMS & CONDITIONS OF TRADE 1. Definitions Supplier shall mean Booth Transport Pty Ltd Customer shall mean the applicant(s) 2. Pursuant to the Privacy act 1988 and any amendments, we the applicant and any directors are informed that personal information (including an opinion) relating to us might be disclosed by the supplier to a credit reporting agency or credit provider. 3. Pursuant to the Privacy act 1988 and any amendments, we the applicant and any guarantors agree: 3.1 To the supplier obtaining from a business which provides information about the commercial credit worthiness of person’s information concerning our commercial activities or credit worthiness and using that information for the purposes of assessing the application. 3.2 To any credit reporting agency giving to the supplier a credit report requested by it for the purpose of assessing our application for credit and which contains personal information about us. 3.3 To the supplier disclosing to or receiving from any other credit provider any credit report or record or information that has any bearing on our credit worthiness, credit standing, credit history or credit capacity for any of the following purposes: 3.3.1 3.3.2 3.3.3 3.3.4 3.3.5 4. to assess an application by us for credit to notify other credit providers of a default by us to exchange information with other credit providers as to the status of our account where we are in default with another credit provider to assess our credit worthiness at any time In the event of the supplier granting credit facilities to the customer then the following terms shall apply: 4.1 Payment of all accounts is required by the due date, being 14 days payment from the invoice date. This can only be varied by the agreement of an executive officer of Booth Transport Pty Ltd. 4.2 That should the customer default in the payment of monies due under this agreement then any monies due to the supplier shall immediately become due and payable and shall be paid by customer within 7 days of the date of the demand and the supplier shall be entitled to recover any outstanding monies including debt collection agency costs, and solicitors costs incurred by the supplier. 4.3 In the event of default as in 4.2 the supplier will be entitled to charge interest at a rate of 15% per annum on all overdue accounts from the due date until the actual payment. 4.4 The supplier shall be entitled without notice to terminate any credit arrangement with the customer in the event of the customer defaulting in any of the General Terms & Conditions of Trade described herein or in the conditions of carriage (separate document). 4.5 The supplier shall be entitled at any stage during the continuance of the agreement to request such security or additional security as the supplier shall in its discretion think fit and shall be entitled to withhold supply of any goods or credit or credit arrangements until such security or additional security shall be obtained. Note: If this document is printed, it must be considered an “Uncontrolled Document”. Refer to the Intranet for the latest issue. Booth Transport National Form 217 Credit Application Form Issue 6: 07 March 2016 Page 4 of 6 CONDITIONS OF CARRIAGE 1. Definitions 1.1 2. In this document the following definitions apply; We, our and us means Booth Transport Pty Ltd (ABN 98 007 678 622), including its employees, servants and agents. You and your means the party for whom the Services are performed. Goods include any container, pallet, tank or packaging which the goods are in or on. Services means the whole of the services performed by us or a subcontractor, including storing and carrying the goods, loading and unloading them, warehousing them, dismantling, detaching, assembling, and installing them; the hiring out of tanks; liaising with third parties, arranging any necessary permits or authorisations; and delivering the goods to a subcontractor. Subcontractor means any person (including a person operating a railway) we use to perform all or part of the services instead of us, and any person who is a servant, agent or subcontractor of such a person. PPSA shall mean Personal Property Securities Act 2009 (and amendments). Conditions applying to carriage of goods Application of conditions 2.1 2.2 2.3 2.4 These conditions apply to the services we perform for you, or a subcontractor performs for you, in connection with each carriage of your goods. They also apply to any work we have to do, or reasonably do, in addition to the work we quote for. These conditions continue to apply despite any breach by us or a subcontractor, even if the breach is of a fundamental term. We are not a common carrier. We do not accept liability as a common carrier. We may refuse to carry or deal with any goods. You warrant that, when you give us or a subcontractor goods for carriage, you are acting as agent for each person who has an interest in the goods. Each of them is a party to the contract and is bound by these conditions in the same way as you are. You also warrant that, when you give us or a subcontractor goods for carriage, the person who signs any document containing these conditions has authority to accept these conditions on your behalf. Our services 2.5 2.6 2.7 2.8 2.9 We intend to perform the services necessary to deliver the goods to the place you nominate. We intend to follow any instructions you have given us. However, we are entitled to depart those instructions (including deviating from the usual route or changing the place of storage) if we think it desirable in the circumstances. We deliver the goods when we leave them at the place you nominate. If no-one is there, we may choose whether to leave the goods there, store them, or return them to you. If we decide to store them, or to return to you, you must pay our reasonable charges. If you ask us to onforward goods, we deliver them when we give them to the onforwarding agent. A receipt from a person at the destination is proof of delivery. We are entitled to use a subcontractor to perform all or part of the services instead of us. We enter into this contract as agent or trustee for any subcontractor used. Each of them is a party to each contract we enter into with you. This contract applies as if the subcontractor were us. We, or a subcontractor, may agree with a subcontractor to any terms that that subcontractor requires. Those terms will be binding on you. However, the subcontractor may choose whether to rely on the terms of this contract or the terms on which it agrees to perform the services or part of them. We are entitled to open anything in which the goods are placed or carried in order to inspect them to find out their nature, condition or destination, or who owns them. Note: If this document is printed, it must be considered an “Uncontrolled Document”. Refer to the Intranet for the latest issue. Booth Transport National Form 217 Credit Application Form Issue 6: 07 March 2016 Page 5 of 6 2.10 If we think that the goods are or may become dangerous or offensive, we may do anything we believe appropriate to avoid or minimise any loss, damage or offence. This includes destroying goods. This does not affect any other rights we may have. Your obligations 2.11 You must pay our charges for our services. You can arrange for someone else to pay those charges. However, you remain liable to us. If you are not told that you must pay when the goods are received by us, you must pay within 7 days after that day. You must pay our charges whatever happens to the goods – even if they are lost, delayed, damaged, or destroyed. You must not offset our charges against any loss suffered by you. 2.12 You must pay us an additional reasonable charge in each of the following cases; 2.12.1 We or a subcontractor have to perform services, or reasonably perform services, in addition to the services we quote for. 2.12.2 The carriage is delayed for a reason that is not our fault or the fault of the relevant subcontractor. 2.13 You must also pay us for any amount we have to pay, or a relevant subcontractor has to pay, in relation to the goods or their carriage. This excludes a payment for subcontracting the carriage. 2.14 We have a lien over the goods and any related documents, and over any other goods and related documents of yours in our possession, as security for payment of any money you owe us. We may sell the goods or documents without giving you notice. If we do, we are entitled to offset the amount we receive against the money you owe us. This does not affect any other rights we may have. 2.15 In addition to our lien over the goods, we may send you a letter requiring immediate payment of any money you owe us. If you do not pay us within 7 days of the date of the letter, we may charge you; 2.15.1 Interest at the rate of 15% per annum from the due date until the date of payment; and 2.15.2 For our costs and out of pocket expenses in recovering any money you owe us. These costs may include debt collection agency fees and/or solicitor fees. This does not affect any other rights we may have. 2.16 You irrevocably waive any right you may have to receive notes under sections 124(4) (enforcement of liquid assets – notice to grantor), 130 (notice of disposal), 132(3)(d) (contents of statement of account after disposal), 132(4), (statement of account if no disposal) and 135 (notice of retention) of the PPSA. 2.17 You must give us an accurate description of the goods, either by telling us or by writing on the consignment note. You must tell us if the goods are, or may become, dangerous or offensive. If the goods which you give us or a subcontractor for carriage are self propelled, and need to be operated during loading or unloading, then you must make sure the goods are mechanically sound and in good working order. 2.18 If you fail to pay charges due to us in respect of any service rendered by us on demand being made, we may (in addition to any rights we have under the PPSA); 2.18.1 Detain and sell all or any of your goods of that person which are in our possession; and 2.18.2 Out of the monies arising from the sale retain charges payable and all charges and expenses of the detention and sale; and 2.18.3 Shall render the surplus if any of the monies arising from the sale of and such of the goods as remain unsold to the person entitled to those monies. Any such sale shall not prejudice or affect our rights to recover from you or, the persons liable any such charge due or payable in respect of such services or the said detention and sale. 2.19 You must comply with all legal requirements, and any requirements of the person to whom we deliver the goods, in relation to the goods, including requirements relating to their shape, packaging, labelling and transportation. 2.20 At the end of the carriage, you must make sure that you return to their owner any containers, pallets, tanks or packaging which are delivered to us with the goods. 2.21 A waiver of any of your obligations is ineffective unless it is in writing and signed by an officer of ours. Note: If this document is printed, it must be considered an “Uncontrolled Document”. Refer to the Intranet for the latest issue. Booth Transport National Form 217 Credit Application Form Issue 6: 07 March 2016 Page 6 of 6 Limitations on our liability 2.22 When we perform services, to the extent permitted by law; 2.22.1 Our liability is completely excluded; and 2.22.2 As a condition precedent to our liability, any legal proceeding must be commenced within 12 months after the date the goods were delivered or should have been delivered. 2.23 When we perform services for the purpose of a business, trade, profession or occupation carried on or engaged in by you, we do so entirely at your risk. No matter what the cause may be, we are not liable under any circumstances for delay in delivery of the goods, mis-delivery of them, or a total failure to deliver them; or for loss of goods or damage to them. We are not even liable for negligence or wilful misconduct by us or a subcontractor we use in relation to the carriage. Nor are we liable for an act or omission that is not contemplated by our contract with you. 2.24 Despite anything contained in this contract, the Company shall continue to be subject to any guarantee provided for in the Competition and Consumer Act 2010 (Cth), as amended, if and to the extent that the Act is applicable to this contract and prevents the exclusion, restriction and modification of such guarantee. Claims 2.25 If you think you have a claim against us or a subcontractor in respect of our services, you must make it against us and no-one else. The claim must be in writing. It must reach us within 7 days after the date the goods were delivered or should have been delivered. You have no claim in any circumstances against any person (including a subcontractor) except us. 2.26 If you dispute our charges, you must put your dispute in writing. It must reach us within 7 days after you receive the invoice for our charges. This does not affect any rights we may have because of your failure to pay our charges. Your indemnity to us 2.27 You must continually indemnify us against any liability or expense we incur as a result of a breach of this document by you, or of our accepting goods for carriage that you inform us are, or may become, dangerous or offensive. Execution Section I certify that the above information is true and correct and that I am authorised to make this application for credit. I have read, or sought legal advice, and fully understand the GENERAL TERMS & CONDITIONS OF TRADE (above), and the CONDITIONS OF CARRIAGE (above), of Booth Transport Pty Ltd which form part of, and are intended to be read in conjunction with this Credit Application and agree to be bound by these conditions. Signed: ______________________________________ Date: _____________________________________ Full Name: ____________________________________ Position: __________________________________ PLEASE RETAIN A COPY FOR YOUR RECORDS AND SEND COPY TO PERSON OF CONTACT AT BOOTH TRANSPORT. IF YOU ARE UNSURE OF THEIR DETAILS, PLEASE CALL BELOW. Booth Transport Head Office 183 Fitzgerald Road LAVERTON NORTH 3026 Ph: (03) 8340 9501, Fax: (03) 8360 9192 Note: If this document is printed, it must be considered an “Uncontrolled Document”. Refer to the Intranet for the latest issue.