Application for Trading Account

JPS Marketing (AUST) Pty Ltd

Level 17, 40 Mount Street

North Sydney

NSW 2060

AUSTRALIA

P: 0061 2 8415 9870

ACN NO: 124 519 133

ABN NO: 29 124 519 133

JPS Marketing Ltd (Head Office)

9A Vega Place, Mairangi Bay

North Shore

Auckland

NEW ZEALAND

P: 0064 9 479 6121

APPLICATION FOR TRADING ACCOUNT(AU)

Please Note: The Finance department is operated out of the New Zealand office.
Therefore please direct all correspondence to:

COMPANY NAME: ……………………………………………………………………………………..

Tick boxCOMPANY PARTNERSHIP SOLE TRADER 

TRADING NAME:(if different to above)………...... ……………………………………...…

PHONE: …………………………………………… FAX: ………………………………………….....

WEBSITE: ……………………………………………………………………………………………….

POSTAL ADDRESS: …………………………………………………………………………………..

DELIVERY ADDRESS: ………………………………………………………………………………..

NATURE OF BUSINESS: ……………………………………………………………………………..

ACCOUNTANT: ………………………………………………………………………………………...

BANK AND BRANCH: ………………………………………………………………………………...

FULL NAME AND HOME ADDRESS OF DIRECTORS / PRINCIPALS:

NameAddress

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

CREDIT REFERENCES:

COMPANY: …………………………………………………….. PHONE: ………………………….

ACCOUNTS PAYABLE CONTACT: …………………………………………………………………

EMAIL: ………………………………………………...………… PHONE: …………………………

TERMS AND CONDITIONS OF TRADING

JPS MARKETING (AUST) PTYLTD

February 2012

I / WE HEREBY ACKNOWLEDGE AND AGREE:

Where a credit facility has been approved, payment is due in FULL on the 20th of month following date of invoice. In the event of non payment, credit facility can be withdrawn or cancelled without notice and any orders/indents can be cancelled. JPS Marketing (Aust) Pty Ltd(“JPS”) will be under no obligation to accept orders when credit has been withdrawn.

Any expenses, costs or disbursements incurred by JPS in recovering any outstanding monies, including debt collection agency or legal fees, shall be recoverable from the Purchaser. If the account is more than 30 days past the due date, JPS shall be entitled to charge the Purchaser interest on any outstanding payment at the rate of 2% per month from the date of invoice.

Title to and ownership of all goods sold by JPS shall not pass until all monies owing to have been paid in full.
JPS shall be entitled to enter onto any premises and repossess the goods at any time after:

Due date for the payment of goods
Commencement of any receivership, winding up, liquidation or insolvency against the Purchaser
The Purchaser commits an act of bankruptcy or enters into any scheme or arrangement with its creditors.

Pursuant to the provisions of the Privacy Act 1993, the purchaser authorises any person, agency or company to provide JPS with such information as may be requiredat any time in response to credit enquiries concerning any aspect of this trading account. The Purchaser authorisesJPS to furnish to any third party details of this application being actioned and/or any subsequent details concerning credit enquiries. The Purchaser consents to JPS collecting any information as may be required to evaluate their credit worthiness. The Purchaser also consents to the passing of information to Credit Agencies or Debt Collection Agencies if the Purchaser fails to meet JPS’ financial commitment.

Intellectual Property:

5.1Where JPS has followed a design or instruction furnished by or given by the Purchaser, the Purchaser shall indemnify JPS against all damages, penalties, costs and expenses of JPS or in respect of which JPS may become liable through any work required to be done in accordance with these instructions involving an infringement of a patent, trademark, registered design or common law right.

5.2Should JPS be required to match any shade or colour, a light and dark tolerance shall be allowed to such an extent as shall be agreed by JPS and the Purchaser at the time the standard colour is specified, and in the absence of any agreement a reasonable tolerance shall be allowed.

The goods supplied will be to the quality and colour of samples. A degree of variation in quality and colour may occur but will be within industry tolerances.

5.3JPS shall not be liable for any loss or damage to moulds, dies, tools or materials supplied by the Purchaser to JPS for the purposes of fulfilling any contract.

5.4Printing plates, film, artwork and all other equipment for specific use in the manufacture of the goods (other than those supplied by the Purchaser) remain the property of JPS unless the cost thereof (including all development and costs relating thereto) have been fully recovered by JPS.

5.5All information prepared by JPS including, without limitation, customised pricing, proposals, electronic catalogues, details of improvements and cost reductions, is the intellectual property of JPS and cannot be copied, altered or distributed without JPS’s prior written consent. JPS will not be liable for any alterations made by the Purchaser.

The risk of loss or damage to the goods from whatever cause arising, shall pass to the Purchaser, at the time of delivery to the address nominated by the Purchaser.

The Purchaser holds all goods supplied by JPS for which JPS has not received full payment, in a fiduciary capacity for and on behalf of JPS, the Purchaser will not give possession of such goods to any other party.

If the goods are sold by the Purchaser before JPS has received payment in full for those goods, the proceeds of such sale shall be held in trust for JPS.

Contract and conditions of carriage are subject to the terms and conditions of the Supplier’s carrier in the case of direct delivery; or JPS’ carrier.

First orders are C.O.D, unless prior arrangements made with JPS.

All claims for shortages or credits must be made in writing within 7 days of receipt of goods.

All disputes must be submitted in writing within 7 days of receipt of invoice. Any part of the invoice not disputed will be payable under the normal terms and conditions.

JPS reserves the right to short supply or oversupply a product by 5%. The Purchaser will pay for any such oversupply at the unit price for the delivered good.

Should circumstances beyond the control of JPS prevent or hinder delivery, JPS will be free from any obligation to deliver goods while such circumstances continue. Such circumstances beyond the control of JPS include, but are not limited to: strikes, lockouts, rebellions, fire, acts of God, shortages of raw materials, malfunctions or failures of computers or other information technology systems.

While JPS endeavours to keep delivery dates, any delay of delivery, for any reason whatsoever, will not entitle the Purchaser to claim for any consequential loss or damage or to cancel, rescind or terminate the agreement.

Placement of an order implies acceptance of these terms.

Personal Guarantee: I/We hereby personally guarantee all debts incurred by me/us in respect of goods supplied by JPS Marketing (Aust) Pty Ltd and which may arise after the date of this guarantee; and that I shall remain liable to you at all times as if I was the Principal Debtor.

I / WE AGREE TO ALL THE TERMS AND CONDITIONS AS STATED IN THIS CONTRACT / APPLICATION.

SIGNED: …………………………………………………………………….……….…………

PRINT NAME: ………………………………………………………..…………………………

TITLE: …………………………………………….. DATE: …………………………………...