Aluglass Australia Pty Ltd

Aluglass Australia Pty LtdPhone:(08) 8944 5700

15 Campion RdFax:(08) 8944 5710

East Arm NT 0820ABN: 46 115 085 571

ALUGLASS AUSTRALIA PTY LTD

APPLICATION FOR A COMMERCIAL TRADE CREDIT ACCOUNT

PARTICULARS OF APPLICANT

TRADING NAME: ______

BUSINESS ADDRESS:____________

_________P/CODE ____________

DELIVERYADDRESS: ______

______P/CODE ______

POSTAL ADDRESS: ______

______P/CODE ______

PHONE NO: ( )______ FAX NO: ( ) ______

MOBILE PHONE NO: ______

EMAIL: ______

BUSINESS COMMENCED TRADING: ______CREDIT REQUESTED: $______

TYPE OF BUSINESS: please tick [ ] COMPANY [ ] PARTNERSHIP [ ] SOLE TRADER [ ] TRUST

OWNED BY(LEGAL ENTITY):______A.C.N.______

A.B.N. ______

REG.OFFICE: ______PHONE NO: ( ) ______

______P/CODE______

IF A TRUST, REGISTERED TRUST NAME: ______

SURNAMEGIVEN NAMESADDRESS

1______

2______

3______

NATURE OF BUSINESS: ______

DETAILS OF BANK

BANK:______BRANCH: ______BSB NO: ______

ACCOUNT NAME: ______ACCOUNT NO: ______

TRADE REFERENCES

NAMEADDRESS PHONE NO.

1______

2______

3______

4______

FINANCIAL DETAILS: SALES TURNOVER $ ______

ASSETS $ ______

LIABILITIES $ ______

ESTIMATED WEEKLY PURCHASE = $ ……………………….………………

SECURITIES – PROVIDE FULL DETAILS OF MORTGAGES OR OTHER CHARGES ON ASSETS

GENERAL TERMS AND CONDITIONS OF SALE

These terms and conditions (“these Terms”) apply to all contracts for the sale of goods entered into between Aluglass Australia Pty Ltd (“the Seller”) and the legal entity or entities who have either applied for goods or a commercial trade credit account (“the Buyer”). “Goods” means any goods sold or to be sold by the Seller or requested by the Buyer.

The Seller agrees to sell goods and the Buyer agrees to buy goods in accordance with these Terms and the Seller is not bound by any terms or conditions contained in any purchase order, purchase form or other similar document prepared and supplied by the Buyer.

The Buyer shall not set-off, deduct, withhold or retain either part or all of monies due and payable without prior written agreement from the Seller. Should the Buyer retain or withhold any part of Payment owed under these Terms and Conditions, the Buyer will be in breach of these Terms and Conditions.

Quotations given by the Seller to the Buyer are valid for 30 days, unless withdrawn earlier. A quotation is to be construed as an invitation to treat only and does not create any contractual obligations on the part of the Seller, until the Buyer’s order has been accepted by the Seller in writing. The Buyer agrees that the Seller shall not be bound by any conditions attached to an order or acceptance of a quotation by the Buyer unless the Seller agrees to such conditions in writing. All prices (including costs, expenses, charges, duties and levies) specified in a quotation are subject to alteration without notice and upon grant of any permit, licence, or other approval necessary for the Seller to carry out the services or supply the goods specified in any quotation.

The price of goods may vary. The Buyer agrees that the price to be paid for goods shall be the prevailing price on the day of despatch and the Buyer acknowledges that the Seller reserves the absolute right to vary or amend prices quoted in relation to future orders.

Delivery shall be made at the place notified by the Buyer for that purpose or otherwise it shall be to The Buyer’s business address. The Seller shall take all reasonable steps to deliver the goods within a reasonable time from the date of the order or on delivery date as agreed but shall not be liable for any delay or inability to deliver.

All returns are to be approved by the Seller. Subject to the following provisions of this clause 7, the Seller will be obliged to credit returned goods if they are in a saleable condition.
Goods will be returnable subject to the following conditions:

a)Goods are to be in their original condition;

b)To the extent permitted by any Commonwealth or Territory law, payment is to be made by the Buyer of a handling fee equal to 25% of the price of the goods returned ; and

c)The costs of any storage in respect of returned goods are to be paid by the Buyer.

7.2 The Buyer acknowledges that goods specifically purchased or manufactured to the Buyer’s specification are not returnable.

Written notification of claims that the goods are not in good condition, not of merchantable quality or not in accordance with the Buyer’s order shall be notified by the Buyer to the Seller within forty-eight (48) hours of the time of delivery.

8.1Subject to clause 8.3, all goods supplied are covered by such warranty as is specified by the manufacturer and supplied subject to the product standards detailed by the manufacturer.

8.2Where the Seller is acting as agent for a manufacturer or supplier, the Seller shall not be liable for any alteration or variation in the goods made by the manufacturer or the supplier.

8.3The Buyer shall immediately notify of the Seller in writing of any defect in the goods. The Buyer shall not carry out any remedial work to alleged defective goods without first obtaining the written consent of the Seller to do so.

8.4The only conditions and warranties which are binding on the Seller in respect of the state, quality or condition of the goods supplied by it to the Buyer are those imposed and required to be binding by statute (including the Trade Practices Act 1974) and to the extent permitted by law, the liability (if any) of the Seller arising from the breach of such conditions or warranties shall at the Seller’s option be limited to and completely discharged by:

(a) the replacement of the goods or re-supply of the goods by the Seller;

(b) the repair of the goods;

(d) the payment of the cost of repair of the goods

8.5The Buyer expressly acknowledges and agrees that it has not relied upon and the Seller is not liable for any advice given by the Seller, its agents or employees in relation to the suitability for any purpose of goods or materials supplied by the Seller.

8.6Notwithstanding the other provisions of this clause 8, the Seller shall not be obliged to restore, remedy, replace or rebuild any goods or materials containing defects according to the precise former specifications, so long as the goods or materials used are not of inferior aesthetic appearance to those which were originally used or supplied.

8.7The provision of clause 6 expressly applies to this clause 8.

The plastic pallets, containers or racks in which the goods have been shipped remain the property of the Seller and are returnable to the Seller. If plastic pallets, containers or racks are not returned by the Buyer to the Seller then the Seller may invoice the Buyer for plastic pallets, containers or racks not delivered.

The title to any of the goods shall not pass until such time as the Buyer pays the full purchase price of the goods provided to the Seller. Until title vests in the Buyer, the Buyer shall keep the goods separate from other goods and identify them as the property of the Seller.

Risk in the goods shall pass to the Buyer at the time when the goods have been placed on the vehicle which is to effect delivery from the Seller’s store or warehouse or delivered to the Buyer whichever is the sooner. The products shall remain at the Buyer’s risk at all times unless and until the Seller retakes possession of the goods. Where above delivery term does not apply, then all national and international transactions will follow the terms laid out in Incoterms 2000 and as shown on the confirmation of sale and invoice.

The Seller is not liable for any loss or damage including any consequential loss or damage suffered by or occasioned to the Buyer whatsoever whether or not any loss or damage is in any way caused by or attributable to negligence on the part of the Seller, its servants, agents or contractors. The Seller is not liable in for any delay or failure or inability to supply or deliver goods.

The Buyer indemnifies the Seller against any claim, action, damage, loss, cost, charge or expense which the Seller may incur or is liable to in respect of or as a consequence of exercising its rights under this contract.

Payment is to be made by way of cash on delivery unless the Seller has approved credit facilities for the Buyer.

Should the Buyer default in the payment of any monies due to the Seller then the total of all monies due to the Seller by the Buyer shall be immediately become due and payable. The Buyer shall pay any expenses, costs or disbursements incurred by the Seller in recovering outstanding monies including bank charges, debt collection agency fees, commissions and solicitors costs.

If the Buyer fails to pay any amount to the Seller when such payment becomes due the Seller has the following rights in addition to any other rights it may have:

16.1To charge interest on the amount owing as and from the date it becomes due at the rate of fifteen per centum (15%) per annum calculated on a daily basis.

16.2To suspend deliveries to the Buyer until all amounts due including any interest and recovery costs have been received.

16.3To be released of any obligation to provide any goods ordered.

16.4To lodge particulars of the amount owing with any credit report agency to the extent permitted by law.

The Buyer hereby charges with the payment of any indebtedness to the Seller all beneficial interests (freehold and leasehold) in land and personal property held now or in the future by the Buyer. The Buyer agrees that if demand is made by the Seller, the Buyer receiving such a demand will immediately execute a mortgage or other instrument of security, or consent to a caveat, as required and in the event that the buyer fails to so do within a reasonable time then the Buyer hereby irrevocably and by way of security appoints any credit manager or solicitor engaged by the Seller to be its true and lawful attorney to execute and register such instruments.

The Buyer agrees to the Seller receiving from a credit reporting agency a credit report containing personal financial information about the buyer to the extent permitted by the Privacy Act 1988 and agrees that the Seller may give to and seek from other credit providers named in this credit application and any credit providers that may be named in a credit report issued by a credit reporting agency information about their credit arrangements. This information may include any information about their credit worthiness, credit standing, credit history or credit capacity, that credit providers are allowed to give or receive to the extent permitted by the Privacy Act 1988.

Each provision of the contract including these general terms and conditions is severable. If a Court determines that a provision is unenforceable then the Court may sever that provision and such severance will not effect the remaining provisions of the contract.

A certificate in writing signed by a manager or credit manager of the Seller certifying the amount payable by the Buyer under this contract shall be conclusive between the parties as conclusive evidence of the amount of the debt.

The usual terms for the provision of goods provide for payment to be made upon delivery. If the Buyer is advised by the Seller in writing that it is entitled to h

Have time to pay then the time allowed shall be that time allowed in such notification which shall provide details of the credit facilities allowed. The Seller may at any time terminate any credit facilities for any reason whatsoever.

These credit terms are governed by and construed to take effect in accordance with the laws of the Northern Territory.

I/We certify that the information contained herein is true and correct.

I/We declare that I/we are duly authorised to sign this application.

I/We confirm having read and understood your General Terms andConditions of Sale; or confirm having an independent legal/financial representative assist understanding your General Terms and Conditions of Sale.

I/We confirm that by signing this application for a Commercial Credit Account, I/WE acknowledge having received a copy of your General Terms and Conditions of Sale, and agree that if credit is granted it will be transacted in accordance with these terms and conditions.

Dated this ………………………………………………………… day of ……………………………………….. 2 ……….

Signature of Applicant……………………………………………. Signature of Applicant………………………………………….

(If a Company Director’s signature) (If a Company Director’s signature)

Full Name…………………………………………………………. Full Name……………………………………………………….

(block letters please) (block letters please)

Address……………………………………………………………. Address………………………………………………………….

…..……………………………………………………….. …………………………………………………………

(private address of Applicant) (private address of Applicant)

Position………………………………………………………….. Position……………………………………………………….

Signature of Witness………………………………………………. Signature of Witness……………………………………………

Full Name………………………………………………………….. Full Name………………………………………………………

(block letters please) (block letters please)

Address…………………………………………………………….. Address…………………………………………………………

(private address of witness) (privatee address of witness)

PERSONAL GUARANTEE & INDEMNITY

CAUTION:IF YOU ARE UNSURE OF YOUR OBLIGATIONS UNDER THIS GUARANTEE PLEASE OBTAIN INDEPENDENT LEGAL ADVICE OR OPINION BEFORESIGNING.

TO:Aluglass Australia PtyLtd (ABN 46 115 085 571)its successors and assigns

IN consideration of you granting credit for goods which have already been supplied or which are to be supplied to

……………………......

(Print Full Name of Company or entity) and hereinafter called The Buyer

I,......

(Print Full Name of Guarantor)

AND I,......

(Print Full Name of Second or further Guarantor/s)

Hereby guarantee and agree as follows:

1I/we guarantee the due and punctual payment by The Buyer of any amount which is now due or owing or which may hereafter become due and owing to you by The Buyer and indemnify you in respect of your costs, including legal costs and any costs of a mercantile agent, and any loss you may incur as a result of trading or dealing with The Buyer including any amount required to be repaid by you as an unfair preference to a liquidator of The Buyer.

2If The Buyer does not pay any amount due or owing to you in accordance with your terms and conditions of trade then you may treat me/us as if I/we were The Buyer and seek those monies from me/us.

3The giving of time or credit or any indulgence of any kind to The Buyer shall not in any way impair, prejudice or limit the effect of this guarantee and indemnity and I/we waive any of my rights as surety which may at any time be inconsistent with this guarantee and indemnity.

5 If The Buyer goes into liquidation, voluntary administration, and receivership or enters into a deed of company arrangement then I/We agree not to prove in such liquidation, voluntary administration, receivership, or deed of company arrangement until your debt together with interest and legal costs has been paid in full.

6 I/We authorise you to obtain from a credit reporting agency a credit report containing personal credit information about me in relation to commercial credit provided by you to The Buyer.

7A certificate signed by a manager as to the amount owed by the company shall be evidence of the amount owed by The Buyer under this guarantee unless proven to be false.

8I/we charge with payment of any indebtedness due herein to you all beneficial interest (freehold and leasehold) in land and personal property now held or in the future to be held by me. I/We agree that if demand is made by you, upon receiving such demand I/We will immediately execute a mortgage or other instrument of security, or consent to a caveat, as requested or required. In the event that I/We fail to do so within a reasonable time of being so requested I/we hereby irrevocably and by way of security appoint any credit manager or solicitor engaged by any of your credit managers to be my/our true and lawful attorney and to execute and register such instruments of securities including a mortgage or caveat over my property.

Signed by the Guarantor)

)………………………………………………

At …………………………..)(Signature of Guarantor)

This ……..Day of …………)

20……)……………….…………………………………..

(G’tors Date of Birth)(G’tors Drivers Licence #)

In the Presence of)…………………………………………………..

(Signature of Witness)

Full Name of Witness……………………………………………………

(Please Print)

Signed by the Second Guarantor)