APPLICATION FOR CREDIT /
Name of Customer
Postal Address:
Street Address:
Telephone No:
Bankers:
Credit References:
Telephone No. and Contact Person:

TERMS AND CONDITIONS OF CREDIT

  1. All accounts in respect of Marine Services, Towage Services and Drydock Services (as defined in the Company’s Standard Conditions of Service or Standard Terminal Contract) are payable in cash prior to the vessel’s departure. All other services including Terminal, Non-Terminal Services, wharfage and crane hire services are payable within seven days of the invoice, or as requested by the Company.
  2. In the event of non-payment as per clause 1, interest may be charged on the unpaid closing balance at a rate of 1.5% per month.
  3. The Company at its sole discretion may agree to an account being paid in instalments. Failure to pay any instalment by the agreed instalment date will result in any such agreement being suspended and the whole outstanding balance become due and payable immediately. The instalments may include an interest component charged pursuant to clause 2 above.
  4. In the event of the appointment of a receiver, the putting in place of a creditors compromise, the passing of a resolution for a voluntary winding up or if a petition is presented in the High Court for the winding up of or if a customer commits or suffers any act of bankruptcy, or becomes insolvent, all moneys due to the company shall become immediately repayable.
  5. The customer shall pay or reimburse the Company for all costs and/or expenses incurred by the Company in instructing a solicitor and/or debt collection agency to recover any amount due for payment and such costs and expenses shall bear interest as provided in clause 2 hereof from the date upon which they are paid or incurred by the Company up to and including the date upon which the customer shall pay or reimburse the Company.
  6. The Company shall have a contractual lien over all the property of the customer in the Company’s possession with respect to any outstanding charges or invoices payable to the Company by the client irrespective of whether those charges or invoices relate to property in the Company’s possession or otherwise. The contractual lien shall give the Company the right to sell any property subject to the lien on the expiration of seven days written notice to the Customer. In addition to the contractual lien, the Company shall where applicable, have a carrier’s lien pursuant to Section 23 of the Carriage by Goods Act 1979.

  1. The Company is under no obligation to grant credit and the Company reserves its right absolutely to make demand at any time for immediate payment of those moneys and to exercise all rights and remedies available to it to recover the moneys owing.
  2. All amounts shown as due and payable on any account shall be deemed to be final and conclusive save for manifest error and the customer shall pay the amount due and owing without set-off, counterclaim, condition or qualification free and clear and without any deduction or withholding whatsoever.
  3. The signatory if signing as agent for a principal accepts liability as principal debtor for payment of any amounts due by the customer hereunder.
  4. This application shall include any subsidiary or associate companies of Lyttelton Port of Christchurch.
  5. For the purposes of the Privacy Act 1993 the customer authorises the Company to collect personal information about the customer, such personal information being provided by the customer or by third parties for the purposes of providing credit. The customer authorises the Company to provide the personal information to any credit agency or other third party for the purposes of establishing credit worthiness of the customer. Any error contained in the personal information held by the Company shall be corrected at the request of the customer.
  6. The terms and conditions of this application are governed by New Zealand law and the customer agrees to submit to the jurisdiction of the New Zealand Courts.
  7. In the event that this credit application is approved, the customer agrees to be bound by the Company’s Standard Conditions of Services (receipt and notice of which is acknowledged) and the terms and conditions of this credit application shall be subject to the Standard Conditions of Service and in the event of any conflict, the Standard Conditions of service shall prevail.

The above named customer certifies that the information provided is true and correct and agrees to the terms and conditions detailed above.

The customer by its duly authorised
director/or directors / In the presence of:
------
For Office Use Only)
Credit check actioned by:
Signed:
Date:
Credit Ratios:
Application: / Accepted / Rejected
Date:
Signed (Supervisor):

Lyttelton Port of Christchurch, Private Bag 501, Norwich Quay, Lyttelton

South Island, New Zealand. Tel: +64 3 328-8198, Fax: +64 3 328-7828