Credit Application Terms and Conditions – Hybrid Ag Pty Ltd
1. Interpretation
1.1 In these Credit Application Terms and Conditions “the Company” means Hybrid Ag Pty Ltd; “the Applicant” means the person or company named in the Business Credit Account Application; the “Business Credit Account Application” means the application form which these Credit Application Terms and Conditions are attached to; “General Terms” means the General Terms and Conditions of Sale which are provided with the Credit Application Terms and Conditions and which are otherwise published on the Company’s website, including any amendments to those terms which may apply from time to time.
1.2 These Credit Application Terms and Conditions apply in addition to the General Terms. To the extent of any inconsistency between the Credit Application Terms and Conditions and the General Terms, the General Terms prevail to the extent of the inconsistency.
2. Application for Credit
2.1 The Applicant applies to the Company for the provision of a commercial credit facility.
2.2 The Applicant acknowledges that:
2.2.1 the Company may approve or refuse the application for credit in its absolute discretion;
2.2.2 the Company may impose a credit limit and may vary, suspend or withdraw that credit limit at any time;
2.2.3 approval of a Business Credit Account Application does not oblige the Company to supply goods or services.
3. Agreement to Payment Terms
3.1 If credit is granted, the Applicant agrees to pay all invoices issued by the Company in accordance with the Company payment terms (including the payment terms in the General Terms) as notified from time to time.
3.2 The Applicant acknowledges that failure to comply with payment terms may result in suspension or cancellation of credit.
4. Information Provided by Applicant
4.1 The Applicant warrants that all information provided in the Business Credit Account Application is true and accurate.
4.2 The Applicant must immediately notify the Company of any change in:
4.2.1 ownership or shareholding
4.2.2 business structure
4.2.3 address or contact details
4.2.4 financial position that may affect the Applicant’s ability to pay its debts.
5. Credit Checks and Information Exchange
5.1 The Applicant authorises the Company to:
5.1.1 obtain credit reports and other credit information about the Applicant from credit reporting bodies, credit providers and trade referees;
5.1.2 make enquiries with any person or entity for the purpose of assessing this application.
5.2 The Applicant also authorises the Company to exchange information about the Applicant’s creditworthiness with other credit providers.
6. Ongoing Credit Assessment
The Applicant authorises the Company to make periodic enquiries about the Applicant’s creditworthiness during the period that credit is provided. This may include obtaining credit reports or financial information from credit reporting bodies or other credit providers.
7. Privacy Consent
7.1 The Applicant consents to the Company collecting, using and disclosing personal information for the purposes of:
7.1.1 assessing the Business Credit Account Application;
7.1.2 managing the Business Credit Account Application;
7.1.3 recovering amounts owed.
7.2 Personal information will be handled in accordance with the Privacy Act 1988 (Cth) and the Company’s privacy policy from time to time.
8. Directors’ Guarantee (if Applicant is a Company)
8.1 If the Applicant is a company, the Company may require the directors or shareholders of the Applicant to provide a personal guarantee and indemnity as a condition of granting credit.
8.2 The guarantor will be jointly and severally liable for all amounts owing by the Applicant.
9. Personal Property Securities Act
9.1 To secure payment of all amounts owing, the Applicant grants the Company a security interest in all goods supplied and their proceeds for the purposes of the Personal Property Securities Act 2009 (Cth).
9.2 The Applicant agrees to:
9.2.1 provide any information required for the Company to register a security interest on the Personal Property Securities Register (PPSR);
9.2.2 do all things reasonably required to ensure the Company’s security interest is perfected and enforceable.
10. Default
10.1 The Applicant will be in default if:
10.1.1 any payment owed to the Company is overdue;
10.1.2 the Applicant becomes insolvent or enters liquidation, administration or bankruptcy;
10.1.3 the Applicant makes a composition or arrangement with creditors.
10.2 Upon default, the Company may:
10.2.1 cancel or suspend the credit facility;
10.2.2 demand immediate payment of all outstanding amounts;
10.2.3 commence recovery proceedings.
10.3 The Applicant agrees to pay all reasonable costs incurred by the Company in recovering any overdue amount, including:
10.3.1 debt collection fees;
10.3.2 legal costs on a solicitor and own client basis;
10.3.3 court costs and enforcement expenses.
11. Withdrawal of Credit
11.1 The Company may withdraw, vary or suspend credit at any time without notice if the Company reasonably believes that:
11.1.1 the Applicant’s financial position has deteriorated; or
11.1.2 there is an increased risk of non-payment.
12. Authority of Signatory
12.1 By submitting the Business Credit Account Application, the signatory binds the Applicant to these Credit Application Terms and Conditions and the General Terms.
12.2 The person signing the Business Credit Account Application on behalf of the Applicant warrants that they:
12.2.1 are authorised to bind the Applicant; and
12.2.2 have authority to agree to these Credit Application Terms and Conditions and the General Terms on behalf of the Applicant.
13. Governing Law
This Business Credit Account Application and any credit facility granted is governed by the laws of the State or Territory in which the Company’s principal place of business is located and the Applicant and Company submit to the exclusive jurisdiction of the Courts of that State or Territory.
Director’s / Guarantor’s Guarantee and Indemnity – Hybrid Ag Pty Ltd
1. Interpretation
Capitalised Terms in this Director’s / Guarantor’s Guarantee and Indemnity have the same meaning as clause 1 of the Credit Application Terms and Conditions to which this document is attached to. “Guarantor” means the person named as the Guarantor in the Business Credit Account Application, or if there is no one named, it shall mean the Director(s) named in the Business Credit Account Application, or if no one is named it shall mean all Directors of the Applicant (if the Applicant is a Company).
2. Guarantee
2.1 In consideration of the Company agreeing to grant credit to the Applicant, the Guarantor(s) jointly and severally:
2.1.1 irrevocably guarantee to the Company the due and punctual payment of all monies which are now or may in the future become owing by the Applicant to the Company; and
2.1.2 guarantee the due performance by the Applicant of all of its obligations to the Company.
2.2 This guarantee:
2.2.1 is a continuing guarantee;
2.2.2 applies to all debts and liabilities of the Applicant to the Company at any time; and
2.2.3 remains in force until the Company releases the Guarantor in writing.
3. Indemnity
3.1 The Guarantor(s) indemnify the Company against all losses, damages, costs and expenses incurred by the Company arising from:
3.1.1 any failure by the Applicant to pay any monies owing; or
3.1.2 any breach by the Applicant of its obligations.
3.2 This indemnity is a separate and independent obligation and continues even if the guarantee is unenforceable.
4. Principal Debtor
4.1 The Guarantor agrees that the Company may treat the Guarantor as principal debtor in respect of all monies owing by the Applicant.
4.2 The Company is not required to first take action against the Applicant before enforcing this guarantee.
5. Joint and Several Liability
Where more than one person is a Guarantor, their liability is joint and several.
6. Recovery Costs
The Guarantor(s) agree(s) to pay all costs incurred by the Company in enforcing this Director’s / Guarantor’s Guarantee and Indemnity, including legal costs on a solicitor and own client basis.
7. Charge Over Property
7.1 As security for payment of all monies owing to the Company, the Guarantor(s) charges in favour of the Company all present and future real property and personal property owned by the Guarantor(s).
7.2 The Guarantor(s) consents to the Company lodging a caveat or other security to protect its interest.
8. No Release
8.1 The liability of the Guarantor will not be affected by:
8.1.1 any variation of the Credit Application Terms and Conditions or General Terms;
8.1.2 any extension of time granted to the Applicant;
8.1.3 any compromise or arrangement with the Applicant;
8.1.4 the insolvency, liquidation or administration of the Applicant.
9. Acknowledgement
9.1 The Guarantor acknowledges that they:
9.1.1 have read and understood this Director’s / Guarantor’s Guarantee and Indemnity;
9.1.2 understand the nature of the obligations they are undertaking; and
9.1.3 have had the opportunity to obtain independent legal advice.
10. Execution
Signed by the Guarantor / Director of the Applicant: Signed by the Guarantor / Director of the Applicant:
Print Name of Guarantor / Director Print Name of Guarantor / Director
Signature of Guarantor / Director Signature of Guarantor / Director
Name of Witness Name of Witness
Signature of Witness Signature of Witness
Address of Witness Address of Witness
Please complete the above details in the relevant fields provided in the business credit account application form.
General Terms and Conditions of Sale – Hybrid Ag Pty Ltd
1. Interpretation
In these Terms and Conditions of Sale “the Company” means Hybrid Ag Pty Ltd; “the Buyer” means the person or company purchasing the goods; “the Goods” means the materials and/or services subject to the contract between the Buyer and the Company.
2. General
2.1 Unless otherwise agreed in writing, every order, sale, quotation and contract placed with the Company shall be subject to these Terms and Conditions of Sale to the extent that the same are applicable which are deemed to be agreed and accepted by all parties involved and over-ride any standard terms and conditions stipulated, incorporated or referred to in the Buyer’s order.
2.2 These Conditions of Sale shall be governed by the laws applicable in Victoria and the Buyer submits to the jurisdiction of the Victorian Courts and Tribunals.
2.3 If any clause or part of these Terms and Conditions of Sale not being of a fundamental nature is held to be illegal or unenforceable, the legality, validity and enforceability of the remainder of these Conditions of Sale shall not be affected.
3. Quotations
3.1 A “Quotation” or “Quote” means a written description of the Goods to be provided, an estimate of the Company’s charges for the Goods.
3.2 The Company may provide the Buyer with a Quote. Unless otherwise specified on a Quote, any Quote issued by the Company is valid for 60 days from the date of issue.
3.3 Unless otherwise expressly agreed in writing, a Quote does not include delivery and/or installation of the Goods.
3.4 Quotes are based upon the cost of materials available at the time of preparation of the Quote and assume the timely supply by the Buyer of necessary material and instructions to the Company.
3.5 Following provision of a Quote to the Buyer, the Company is not obliged to commence work until the Quote has been accepted by the Buyer by completing an Order form and returning the form to the Company, or by otherwise accepting the Quote and placing an Order with the Company in a manner specified by the Company.
3.6 The Company reserves the right to amend any Quote before the Order has been completed to take into account any rise or fall in the cost of completing the Order. The Supplier will notify the Customer of any amendment as soon as practicable, at which point the amended Quote will be the estimate or Quote for the purposes of these Terms and Conditions of Sale.
3.7 An indication in a Quote of the time frame for the provision of the Goods is an estimate only and is not a fixed time frame. Subject to any obligations in respect of consumer guarantees under statute, this estimate is not binding upon the Company.
4. Orders
4.1 Every order by the Buyer for the provision of Goods (“Order”) must be submitted in writing on the Company’s standard Order form (unless otherwise agreed).
4.2 An Order will not be placed by the Customer unless the Order clearly identifies the Goods ordered and the Company’s Quote (if any). Any costs incurred by the Company in reliance on incorrect or inadequate information may result in the imposition of an Additional Charge.
4.3 Placement of an Order by the Buyer signifies acceptance by the Buyer of these Terms and Conditions of Sale and the most recent Quote (if any).
4.4 The Company may in its absolute discretion refuse to provide Goods where:
4.4.1 Goods are unavailable for any reason whatsoever;
4.4.2 credit limits cannot be agreed upon or have been exceeded; or
4.4.3 payment for Goods previously provided to the Buyer or any related corporation of the Buyer or to any other party who is, in the reasonable opinion of the Company, associated with the Buyer under the same or another supply contract, has not been received by the Company.
4.5 “Additional Charge” means:
4.5.1 fees or charges for additional work required at the Buyer’s request or reasonably required as a result of the Buyer’s conduct, calculated in accordance with the Company’s then current prices
4.5.2 expenses incurred by the Company, at the Buyer’s request or reasonably required as a result of the Buyer’s conduct.
5. Variations
5.1 The Buyer may request that its Order be varied by providing a request in writing to the Company. A request for a variation must be agreed to in writing by the Company in order to have effect.
5.2 If the Buyer wishes to vary its requirements after a Quote has been prepared or after the placement of an Order, the Company reserves the right to vary the Quote to include any Additional Charge in respect of any extra costs incurred or additional work carried out due to the variation, in accordance with its then current charge rates. A revised Quote issued by the Company in respect of the requested variation supersedes the original Quote. If the revised Quote only specifies additional work, the Quote for that additional work will be in addition to the immediately preceding Quote for the Goods.
5.3 The Company has an automatic extension of time for the provision of the Goods equal to the delay caused by the variation.
6. Price
6.1 The Buyer shall pay the price of the Goods stated in the invoice which will be the price ruling at the date of delivery or collection (“Price”).
6.2 The Buyer shall pay GST at the rate specified on the invoice.
6.3 Unless otherwise agreed in writing the price is exclusive of packaging costs, freight charges, delivery costs, bank charges and such other charges notified by the Company to the Buyer all of which costs if incurred are payable by the Buyer (“Price Additions”).
6.4 If the cost to the Company of supplying the Goods not yet delivered shall be increased materially by any dispute or cause, and the parties concerned cannot agree on how such increase shall be borne, the Company may cancel the Order without liability in respect of such undelivered Goods.
6.5 Where delivery of the Goods is to be made by installments, each delivery shall be treated as a separate contract and failure, suspension or delay in any delivery or defect in the Goods delivered shall not vitiate the Contract as to other deliveries.
7. Delivery
7.1 All delivery dates are estimates only and the Company shall not be liable in damages for any delay nor shall the Buyer be entitled to refuse to accept delivery except where a delay of an unreasonable length has occurred due to circumstances within the Company’s control without limiting the generality of the foregoing. The following circumstances shall be deemed NOT to be within the Company’s control: Act of God, war, riots, civil commotions, strikes, lockouts, trade disputes, fires, breakdowns, interruptions of transport, Government action, and delay in delivery by the Company’s suppliers.
7.2 During any such period of delay the Buyer after giving reasonable prior written notice of his intention to do so shall be at liberty to purchase elsewhere such Goods as shall be necessary for the Buyer’s requirements and to cancel a delivery from the Company of any corresponding quantities so purchased.
7.3 The Company excludes all liability for any losses as a result of:
7.3.1 any failure to deliver on a specified delivery date; and
7.3.2 delivery to a specified delivery location including if the Buyer provides instructions to leave Goods at a specified location (for example, loss resulting from theft, damage, weather etc where the Buyer instructs the Company to leave the Goods unattended at the delivery location).
The Buyer indemnifies the Company for any such losses and liabilities.
8. Terms of Payment
8.1 Unless clauses 8.2 or 8.3 applies, the Buyer shall pay the Price and Price Additions (“Total Price including GST”) within 30 days of an invoice (“due date”). Unless otherwise stated on the invoice this shall be deemed the due date.
8.2 Notwithstanding clause 8.1, the Company may elect for the Total Price including GST to be paid by the Buyer prior to the Company booking the Goods for delivery. If the Company makes an election under this clause:
8.2.1 the Company is not required to book or confirm delivery prior to receiving the full Total Price including GST;
8.2.2 the Buyer has no claim against the Company (including in respect of clause 7) unless the Buyer has paid the full Total Price including GST before the date of delivery; and
8.2.3 the Company is not liable to the Buyer for any losses or damages arising from a delay in delivery in respect of any delay in the Buyer paying the Total Price including GST.
8.3 Notwithstanding clause 8.1, the Company may require a deposit (“Deposit”) to be paid at any time prior to delivery (including at the time a Quote is accepted). If the Company makes an election under this clause to require a Deposit, the Company may elect to not commence any work on an order or sale until the Deposit (including GST) is paid to the Company in full.
8.3.1 The Company will not be liable to the Buyer, and the Buyer shall not be entitled to make any claims against the Company in respect of any losses or damages arising from delays due to the Buyer’s delay or failure to pay the Deposit.
8.3.2 The Deposit will be applied as a credit on the final invoice.
8.3.3 Where an Order is cancelled after the Company has: placed an order with its sub-suppliers; scheduled manufacture of such Goods; purchased the materials required for the manufacture of such Goods; or has incurred any other costs in respect of the Buyer’s Order, the Company shall be entitled to keep the whole of the Deposit.
8.3.4 Where an Order is cancelled before the events in clause 8.3.3 occur, the Company will return the Deposit less any administration fees incurred by the Company.
8.4 Notwithstanding clause 8.1, the Company and the Buyer may agree to a different payment terms for the Total Price including GST. Such agreement shall be in writing only.
8.5 If the Buyer does not pay the full amount of the Total Price including GST on or before the due date the Company may charge interest on the outstanding balance of the Total Price including GST from the due date until the full amount of the Total Price has been paid to the Company. Such interest will be charged based on the “Bank Bill Swap Rate” (BBSW) as published on the Australian Securities Exchange (ASX) website, plus a margin of 10% pa. The BBSW will be updated each month on the 1st of the month and will be the operational interest charged for that month.
8.6 All expenses incurred by the Company in collecting overdue payment from the Buyer including debt collection agency, legal and court fees shall be payable by the Buyer to the Company as a debt due forthwith upon demand by the Company.
8.7 The Buyer shall send all amounts due under these Terms and Conditions of Sale to the address of the Company printed on the front of the invoice, or deposit directly into the Company’s bank account, details of which are printed on the front of the invoice.
8.8 If the Buyer shall fail to make any payment on the due date or becomes bankrupt or enters into liquidation (other than for the purposes of amalgamation or reconstruction) or makes any composition arrangement with creditors or has a receiver appointed to its undertaking property or assets or any part thereof, the Company shall have the option to withhold or cancel further deliveries provided that the failure on the part of the Company to exercise such option in respect to one or more deliveries shall not affect their right to exercise it in respect of other deliveries.
9. Acceptance of Goods
9.1 The Buyer shall inspect or shall be deemed to have inspected the Goods upon delivery. Where the Goods supplied are not in accordance with the contract, the Buyer shall give notice in writing to the Company within 48 hours of delivery. If the Buyer does not provide any notice in accordance with this clause within 48 hours of delivery, the Buyer will be deemed to have accepted that the Goods are in good condition and match the description of the Goods ordered. Nothing in this clause shall affect any consumer guarantees under the Australian Consumer Law (if applicable).
9.2 The Company will at their option: (a) Credit the Buyer with the price; or (b) Replace same. All other warranties or conditions as to the Goods or their fitness for any purpose are excluded except where by statute such exclusion are prohibited. Slight changes to product composition do not constitute sufficient ground for complaint.
10. Returns
10.1 The Buyer may only return goods to the Company for credit if: the prior written approval of the Company for the return has been obtained; AND the freight costs on the return have been paid by the Buyer.
10.2 If the Buyer returns the Goods otherwise than in accordance with Clause 10.1: the Company may at its sole discretion accept the return and grant a credit to the Buyer. If the Company does not accept the return, the Company may hold the goods on the Buyer’s behalf at the Buyer’s expense until arrangements satisfactory to the Company are made by the Buyer for the disposal of the goods.
11. Cancellation
11.1 No Order for Goods placed by the Buyer and accepted by the Company may be cancelled or deferred without prior consent in writing of the Company and in the case of custom blended goods ordered by the Buyer no order for such goods may be cancelled after: the Company has scheduled manufacture of such goods; or the Company has purchased the materials required for the manufacture of such Goods.
11.2 Where an Order is cancelled, the Buyer indemnifies the Company against any losses incurred by the Company as a result of the cancellation, including, but not limited to loss of profit from other orders foregone as a result of the scheduling of the Order which is subsequently cancelled, and any administration fees. Where the Buyer has paid the Company a Deposit on account of an Order, the Deposit shall be used as a credit towards any amount due under this clause.
12. Title and Risk
12.1 The Buyer accepts the Goods and the Goods are at the Buyer’s risk immediately upon arriving at the Buyer’s premises, or destination specified by the Buyer.
12.2 The Company and the Buyer agree that ownership of the goods shall not pass to the Buyer until: the Buyer has paid the Company all amounts owing for the particular Goods; and the Buyer has met all other obligations due by the Buyer to the Company in respect of all contracts between the Company and the Buyer.
12.3 Receipt by the Company of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised and until then the Company’s ownership or rights in respect of the Goods shall continue.
12.4 It is further agreed that:
• Where practicable the Goods shall be kept separate and identifiable until the Company shall have received payment and all other obligations by the Buyer are met; and
• Until such time as ownership of the Goods shall pass from the Company to the Buyer the Company may give notice in writing to the Buyer to return the Goods or any of them to the Company. Upon such notice the rights of the Buyer to obtain ownership or any other interest in the Goods shall cease; and
• The Company shall have the right of stopping the Goods in transit whether or not delivery has been made; and
• If the Buyer fails to return the Goods to the Company, the Company or the Company’s agent may enter upon and into land and premises owned, occupied, or used by the Buyer or any premises as the invitee of the Buyer, where the Goods are situated and take possession of the Goods; and
• The Buyer is only a bailee of the Goods and until such time as the Company has received payment in full for the Goods then the Buyer shall hold any proceeds from the sale or disposal or otherwise benefit of the Goods, up to and including the amount the Buyer owes to the Company for the Goods, on trust for the Company; and
• The Buyer shall not deal with the money of the Company in any way which may be adverse to the Company; and
• The Buyer shall not charge the Goods in any way nor grant nor otherwise give any interest in the Goods while they remain the property of the Company; and
• The Company can issue proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods may not have passed to the Buyer; and
• Until such time that ownership in the Goods has passed to the Buyer, if the Goods are converted into other products, the parties agree that the Company will be the owner of the end products.
13. Personal Property Securities Act 2009 (“PPSA”)
13.1 In this clause:
13.1.1 financing statement has the meaning given to it by the PPSA.
13.1.2 financing change statement has the meaning given to it by the PPSA.
13.1.3 security agreement means the security agreement under the PPSA created between the Buyer and the Company by these terms and conditions; and
13.1.4 security interest has the meaning given to it by the PPSA.
13.2 Upon assenting to these terms and conditions in writing the Buyer acknowledges and agrees that these terms and conditions:
13.2.1 constitute a security agreement for the purposes of the PPSA and
13.2.2 create a security interest in: all Goods previously supplied by the Company to the Buyer (if any); and all Goods that will be supplied in the future by the Company to the Buyer.
13.3 The Buyer undertakes to:
13.3.1 promptly sign any further documents and/or provide any further information (such as is necessary to complete, make accurate and up to date in all respects any information) which the Company may reasonably require to: Register a financing statement or financing change statement in relation to a security interest on the Personal Property Securities Register; Register any other document required to be registered by the PPSA; or Correct a defect in a statement referred to in clause 13.3.
13.3.2 Indemnify, and upon demand re-imburse the Company for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register established by the PPSA or releasing any goods charged thereby.
13.3.3 not register a financing change statement in respect of a security interest without the prior written consent of the Company.
13.3.4 not register, or permit to be registered, a financing statement or financing change statement in relation to the Goods in favour of a third party without the prior written consent of the Company; and
13.3.5 immediately advise the Company of any material change in its business of selling the Goods which would result in a change in the nature of proceeds derived from such sales.
13.4 The Company and the Buyer agree that Section 96, 115 and 125 of the PPSA do not apply to the security agreement created by these Terms and Conditions.
13.5 The Buyer hereby waives its rights to receive notices under sections 94, 118, 121(4), 130, 132(3)(d) and 132(4) of the PPSA.
13.6 The Buyer waives its rights as a grantor and/or a debtor under Section 142 and 143 of the PPSA.
13.7 Unless otherwise agreed to in writing by the Company, the Buyer waives its rights to receive a verification statement in accordance with Section 157 of the PPSA.
13.8 The Buyer shall unconditionally ratify any actions taken by the Company under Clauses 13.3.
14. Security and Charge
14.1 Despite anything to the contrary contained herein or any other rights which the company may have howsoever:
14.1.1 where the Buyer and/or the Guarantor (if any) is the owner of land, realty or any other asset capable of being charged, both the Buyer and/or the Guarantor agree to mortgage and/or charge all of their joint and/or several interest in the said land, realty or any other asset to the Company or the Company’s nominee to secure all amounts and other monetary obligations payable under these terms and conditions. The Buyer and/or the Guarantor acknowledge and agree that the Company (or the Company’s nominee) shall be entitled to lodge where appropriate a caveat, which caveat shall be withdrawn once all payments and other monetary obligations payable hereunder have been met.
14.1.2 should the Company elect to proceed in any manner in accordance with this clause and/or its sub-clause, the Buyer and/or Guarantor shall indemnify the Company from and against all the Company’s costs and disbursements including legal costs on a Solicitor and own Buyer basis.
14.1.3 the Buyer and/or the Guarantor (if any) agree to irrevocably nominate constitute and appoint the Company or the Company’s nominee as the Buyer’s and/or Guarantor’s true and lawful attorney to perform all necessary acts to give effect to the provisions of this clause.
15. Buyer’s Statutory Rights
These Terms and Conditions of Sale shall not exclude, limit, restrict or modify the rights, entitlement and remedies conferred upon the Buyer, or the liabilities imposed upon the Company, or any Commonwealth or Victorian legislation rendering void or prohibiting such exclusion, limitation restriction or modification, but subject thereto all excludable conditions and warnings are hereby excluded.
— End of Terms and Conditions —
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Credit Application Terms and Conditions – Hybrid Ag Pty Ltd
1. Interpretation
1.1 In these Credit Application Terms and Conditions “the Company” means Hybrid Ag Pty Ltd; “the Applicant” means the person or company named in the Business Credit Account Application; the “Business Credit Account Application” means the application form which these Credit Application Terms and Conditions are attached to; “General Terms” means the General Terms and Conditions of Sale which are provided with the Credit Application Terms and Conditions and which are otherwise published on the Company’s website, including any amendments to those terms which may apply from time to time.
1.2 These Credit Application Terms and Conditions apply in addition to the General Terms. To the extent of any inconsistency between the Credit Application Terms and Conditions and the General Terms, the General Terms prevail to the extent of the inconsistency.
2. Application for Credit
2.1 The Applicant applies to the Company for the provision of a commercial credit facility.
2.2 The Applicant acknowledges that:
2.2.1 the Company may approve or refuse the application for credit in its absolute discretion;
2.2.2 the Company may impose a credit limit and may vary, suspend or withdraw that credit limit at any time;
2.2.3 approval of a Business Credit Account Application does not oblige the Company to supply goods or services.
3. Agreement to Payment Terms
3.1 If credit is granted, the Applicant agrees to pay all invoices issued by the Company in accordance with the Company payment terms (including the payment terms in the General Terms) as notified from time to time.
3.2 The Applicant acknowledges that failure to comply with payment terms may result in suspension or cancellation of credit.
4. Information Provided by Applicant
4.1 The Applicant warrants that all information provided in the Business Credit Account Application is true and accurate.
4.2 The Applicant must immediately notify the Company of any change in:
4.2.1 ownership or shareholding
4.2.2 business structure
4.2.3 address or contact details
4.2.4 financial position that may affect the Applicant’s ability to pay its debts.
5. Credit Checks and Information Exchange
5.1 The Applicant authorises the Company to:
5.1.1 obtain credit reports and other credit information about the Applicant from credit reporting bodies, credit providers and trade referees;
5.1.2 make enquiries with any person or entity for the purpose of assessing this application.
5.2 The Applicant also authorises the Company to exchange information about the Applicant’s creditworthiness with other credit providers.
6. Ongoing Credit Assessment
The Applicant authorises the Company to make periodic enquiries about the Applicant’s creditworthiness during the period that credit is provided. This may include obtaining credit reports or financial information from credit reporting bodies or other credit providers.
7. Privacy Consent
7.1 The Applicant consents to the Company collecting, using and disclosing personal information for the purposes of:
7.1.1 assessing the Business Credit Account Application;
7.1.2 managing the Business Credit Account Application;
7.1.3 recovering amounts owed.
7.2 Personal information will be handled in accordance with the Privacy Act 1988 (Cth) and the Company’s privacy policy from time to time.
8. Directors’ Guarantee (if Applicant is a Company)
8.1 If the Applicant is a company, the Company may require the directors or shareholders of the Applicant to provide a personal guarantee and indemnity as a condition of granting credit.
8.2 The guarantor will be jointly and severally liable for all amounts owing by the Applicant.
9. Personal Property Securities Act
9.1 To secure payment of all amounts owing, the Applicant grants the Company a security interest in all goods supplied and their proceeds for the purposes of the Personal Property Securities Act 2009 (Cth).
9.2 The Applicant agrees to:
9.2.1 provide any information required for the Company to register a security interest on the Personal Property Securities Register (PPSR);
9.2.2 do all things reasonably required to ensure the Company’s security interest is perfected and enforceable.
10. Default
10.1 The Applicant will be in default if:
10.1.1 any payment owed to the Company is overdue;
10.1.2 the Applicant becomes insolvent or enters liquidation, administration or bankruptcy;
10.1.3 the Applicant makes a composition or arrangement with creditors.
10.2 Upon default, the Company may:
10.2.1 cancel or suspend the credit facility;
10.2.2 demand immediate payment of all outstanding amounts;
10.2.3 commence recovery proceedings.
10.3 The Applicant agrees to pay all reasonable costs incurred by the Company in recovering any overdue amount, including:
10.3.1 debt collection fees;
10.3.2 legal costs on a solicitor and own client basis;
10.3.3 court costs and enforcement expenses.
11. Withdrawal of Credit
11.1 The Company may withdraw, vary or suspend credit at any time without notice if the Company reasonably believes that:
11.1.1 the Applicant’s financial position has deteriorated; or
11.1.2 there is an increased risk of non-payment.
12. Authority of Signatory
12.1 By submitting the Business Credit Account Application, the signatory binds the Applicant to these Credit Application Terms and Conditions and the General Terms.
12.2 The person signing the Business Credit Account Application on behalf of the Applicant warrants that they:
12.2.1 are authorised to bind the Applicant; and
12.2.2 have authority to agree to these Credit Application Terms and Conditions and the General Terms on behalf of the Applicant.
13. Governing Law
This Business Credit Account Application and any credit facility granted is governed by the laws of the State or Territory in which the Company’s principal place of business is located and the Applicant and Company submit to the exclusive jurisdiction of the Courts of that State or Territory.
Director’s / Guarantor’s Guarantee and Indemnity – Hybrid Ag Pty Ltd
1. Interpretation
Capitalised Terms in this Director’s / Guarantor’s Guarantee and Indemnity have the same meaning as clause 1 of the Credit Application Terms and Conditions to which this document is attached to. “Guarantor” means the person named as the Guarantor in the Business Credit Account Application, or if there is no one named, it shall mean the Director(s) named in the Business Credit Account Application, or if no one is named it shall mean all Directors of the Applicant (if the Applicant is a Company).
2. Guarantee
2.1 In consideration of the Company agreeing to grant credit to the Applicant, the Guarantor(s) jointly and severally:
2.1.1 irrevocably guarantee to the Company the due and punctual payment of all monies which are now or may in the future become owing by the Applicant to the Company; and
2.1.2 guarantee the due performance by the Applicant of all of its obligations to the Company.
2.2 This guarantee:
2.2.1 is a continuing guarantee;
2.2.2 applies to all debts and liabilities of the Applicant to the Company at any time; and
2.2.3 remains in force until the Company releases the Guarantor in writing.
3. Indemnity
3.1 The Guarantor(s) indemnify the Company against all losses, damages, costs and expenses incurred by the Company arising from:
3.1.1 any failure by the Applicant to pay any monies owing; or
3.1.2 any breach by the Applicant of its obligations.
3.2 This indemnity is a separate and independent obligation and continues even if the guarantee is unenforceable.
4. Principal Debtor
4.1 The Guarantor agrees that the Company may treat the Guarantor as principal debtor in respect of all monies owing by the Applicant.
4.2 The Company is not required to first take action against the Applicant before enforcing this guarantee.
5. Joint and Several Liability
Where more than one person is a Guarantor, their liability is joint and several.
6. Recovery Costs
The Guarantor(s) agree(s) to pay all costs incurred by the Company in enforcing this Director’s / Guarantor’s Guarantee and Indemnity, including legal costs on a solicitor and own client basis.
7. Charge Over Property
7.1 As security for payment of all monies owing to the Company, the Guarantor(s) charges in favour of the Company all present and future real property and personal property owned by the Guarantor(s).
7.2 The Guarantor(s) consents to the Company lodging a caveat or other security to protect its interest.
8. No Release
8.1 The liability of the Guarantor will not be affected by:
8.1.1 any variation of the Credit Application Terms and Conditions or General Terms;
8.1.2 any extension of time granted to the Applicant;
8.1.3 any compromise or arrangement with the Applicant;
8.1.4 the insolvency, liquidation or administration of the Applicant.
9. Acknowledgement
9.1 The Guarantor acknowledges that they:
9.1.1 have read and understood this Director’s / Guarantor’s Guarantee and Indemnity;
9.1.2 understand the nature of the obligations they are undertaking; and
9.1.3 have had the opportunity to obtain independent legal advice.
10. Execution
Signed by the Guarantor / Director of the Applicant: Signed by the Guarantor / Director of the Applicant:
Print Name of Guarantor / Director Print Name of Guarantor / Director
Signature of Guarantor / Director Signature of Guarantor / Director
Name of Witness Name of Witness
Signature of Witness Signature of Witness
Address of Witness Address of Witness
Please complete the above details in the relevant fields provided in the business credit account application form.
General Terms and Conditions of Sale – Hybrid Ag Pty Ltd
1. Interpretation
In these Terms and Conditions of Sale “the Company” means Hybrid Ag Pty Ltd; “the Buyer” means the person or company purchasing the goods; “the Goods” means the materials and/or services subject to the contract between the Buyer and the Company.
2. General
2.1 Unless otherwise agreed in writing, every order, sale, quotation and contract placed with the Company shall be subject to these Terms and Conditions of Sale to the extent that the same are applicable which are deemed to be agreed and accepted by all parties involved and over-ride any standard terms and conditions stipulated, incorporated or referred to in the Buyer’s order.
2.2 These Conditions of Sale shall be governed by the laws applicable in Victoria and the Buyer submits to the jurisdiction of the Victorian Courts and Tribunals.
2.3 If any clause or part of these Terms and Conditions of Sale not being of a fundamental nature is held to be illegal or unenforceable, the legality, validity and enforceability of the remainder of these Conditions of Sale shall not be affected.
3. Quotations
3.1 A “Quotation” or “Quote” means a written description of the Goods to be provided, an estimate of the Company’s charges for the Goods.
3.2 The Company may provide the Buyer with a Quote. Unless otherwise specified on a Quote, any Quote issued by the Company is valid for 60 days from the date of issue.
3.3 Unless otherwise expressly agreed in writing, a Quote does not include delivery and/or installation of the Goods.
3.4 Quotes are based upon the cost of materials available at the time of preparation of the Quote and assume the timely supply by the Buyer of necessary material and instructions to the Company.
3.5 Following provision of a Quote to the Buyer, the Company is not obliged to commence work until the Quote has been accepted by the Buyer by completing an Order form and returning the form to the Company, or by otherwise accepting the Quote and placing an Order with the Company in a manner specified by the Company.
3.6 The Company reserves the right to amend any Quote before the Order has been completed to take into account any rise or fall in the cost of completing the Order. The Supplier will notify the Customer of any amendment as soon as practicable, at which point the amended Quote will be the estimate or Quote for the purposes of these Terms and Conditions of Sale.
3.7 An indication in a Quote of the time frame for the provision of the Goods is an estimate only and is not a fixed time frame. Subject to any obligations in respect of consumer guarantees under statute, this estimate is not binding upon the Company.
4. Orders
4.1 Every order by the Buyer for the provision of Goods (“Order”) must be submitted in writing on the Company’s standard Order form (unless otherwise agreed).
4.2 An Order will not be placed by the Customer unless the Order clearly identifies the Goods ordered and the Company’s Quote (if any). Any costs incurred by the Company in reliance on incorrect or inadequate information may result in the imposition of an Additional Charge.
4.3 Placement of an Order by the Buyer signifies acceptance by the Buyer of these Terms and Conditions of Sale and the most recent Quote (if any).
4.4 The Company may in its absolute discretion refuse to provide Goods where:
4.4.1 Goods are unavailable for any reason whatsoever;
4.4.2 credit limits cannot be agreed upon or have been exceeded; or
4.4.3 payment for Goods previously provided to the Buyer or any related corporation of the Buyer or to any other party who is, in the reasonable opinion of the Company, associated with the Buyer under the same or another supply contract, has not been received by the Company.
4.5 “Additional Charge” means:
4.5.1 fees or charges for additional work required at the Buyer’s request or reasonably required as a result of the Buyer’s conduct, calculated in accordance with the Company’s then current prices
4.5.2 expenses incurred by the Company, at the Buyer’s request or reasonably required as a result of the Buyer’s conduct.
5. Variations
5.1 The Buyer may request that its Order be varied by providing a request in writing to the Company. A request for a variation must be agreed to in writing by the Company in order to have effect.
5.2 If the Buyer wishes to vary its requirements after a Quote has been prepared or after the placement of an Order, the Company reserves the right to vary the Quote to include any Additional Charge in respect of any extra costs incurred or additional work carried out due to the variation, in accordance with its then current charge rates. A revised Quote issued by the Company in respect of the requested variation supersedes the original Quote. If the revised Quote only specifies additional work, the Quote for that additional work will be in addition to the immediately preceding Quote for the Goods.
5.3 The Company has an automatic extension of time for the provision of the Goods equal to the delay caused by the variation.
6. Price
6.1 The Buyer shall pay the price of the Goods stated in the invoice which will be the price ruling at the date of delivery or collection (“Price”).
6.2 The Buyer shall pay GST at the rate specified on the invoice.
6.3 Unless otherwise agreed in writing the price is exclusive of packaging costs, freight charges, delivery costs, bank charges and such other charges notified by the Company to the Buyer all of which costs if incurred are payable by the Buyer (“Price Additions”).
6.4 If the cost to the Company of supplying the Goods not yet delivered shall be increased materially by any dispute or cause, and the parties concerned cannot agree on how such increase shall be borne, the Company may cancel the Order without liability in respect of such undelivered Goods.
6.5 Where delivery of the Goods is to be made by installments, each delivery shall be treated as a separate contract and failure, suspension or delay in any delivery or defect in the Goods delivered shall not vitiate the Contract as to other deliveries.
7. Delivery
7.1 All delivery dates are estimates only and the Company shall not be liable in damages for any delay nor shall the Buyer be entitled to refuse to accept delivery except where a delay of an unreasonable length has occurred due to circumstances within the Company’s control without limiting the generality of the foregoing. The following circumstances shall be deemed NOT to be within the Company’s control: Act of God, war, riots, civil commotions, strikes, lockouts, trade disputes, fires, breakdowns, interruptions of transport, Government action, and delay in delivery by the Company’s suppliers.
7.2 During any such period of delay the Buyer after giving reasonable prior written notice of his intention to do so shall be at liberty to purchase elsewhere such Goods as shall be necessary for the Buyer’s requirements and to cancel a delivery from the Company of any corresponding quantities so purchased.
7.3 The Company excludes all liability for any losses as a result of:
7.3.1 any failure to deliver on a specified delivery date; and
7.3.2 delivery to a specified delivery location including if the Buyer provides instructions to leave Goods at a specified location (for example, loss resulting from theft, damage, weather etc where the Buyer instructs the Company to leave the Goods unattended at the delivery location).
The Buyer indemnifies the Company for any such losses and liabilities.
8. Terms of Payment
8.1 Unless clauses 8.2 or 8.3 applies, the Buyer shall pay the Price and Price Additions (“Total Price including GST”) within 30 days of an invoice (“due date”). Unless otherwise stated on the invoice this shall be deemed the due date.
8.2 Notwithstanding clause 8.1, the Company may elect for the Total Price including GST to be paid by the Buyer prior to the Company booking the Goods for delivery. If the Company makes an election under this clause:
8.2.1 the Company is not required to book or confirm delivery prior to receiving the full Total Price including GST;
8.2.2 the Buyer has no claim against the Company (including in respect of clause 7) unless the Buyer has paid the full Total Price including GST before the date of delivery; and
8.2.3 the Company is not liable to the Buyer for any losses or damages arising from a delay in delivery in respect of any delay in the Buyer paying the Total Price including GST.
8.3 Notwithstanding clause 8.1, the Company may require a deposit (“Deposit”) to be paid at any time prior to delivery (including at the time a Quote is accepted). If the Company makes an election under this clause to require a Deposit, the Company may elect to not commence any work on an order or sale until the Deposit (including GST) is paid to the Company in full.
8.3.1 The Company will not be liable to the Buyer, and the Buyer shall not be entitled to make any claims against the Company in respect of any losses or damages arising from delays due to the Buyer’s delay or failure to pay the Deposit.
8.3.2 The Deposit will be applied as a credit on the final invoice.
8.3.3 Where an Order is cancelled after the Company has: placed an order with its sub-suppliers; scheduled manufacture of such Goods; purchased the materials required for the manufacture of such Goods; or has incurred any other costs in respect of the Buyer’s Order, the Company shall be entitled to keep the whole of the Deposit.
8.3.4 Where an Order is cancelled before the events in clause 8.3.3 occur, the Company will return the Deposit less any administration fees incurred by the Company.
8.4 Notwithstanding clause 8.1, the Company and the Buyer may agree to a different payment terms for the Total Price including GST. Such agreement shall be in writing only.
8.5 If the Buyer does not pay the full amount of the Total Price including GST on or before the due date the Company may charge interest on the outstanding balance of the Total Price including GST from the due date until the full amount of the Total Price has been paid to the Company. Such interest will be charged based on the “Bank Bill Swap Rate” (BBSW) as published on the Australian Securities Exchange (ASX) website, plus a margin of 10% pa. The BBSW will be updated each month on the 1st of the month and will be the operational interest charged for that month.
8.6 All expenses incurred by the Company in collecting overdue payment from the Buyer including debt collection agency, legal and court fees shall be payable by the Buyer to the Company as a debt due forthwith upon demand by the Company.
8.7 The Buyer shall send all amounts due under these Terms and Conditions of Sale to the address of the Company printed on the front of the invoice, or deposit directly into the Company’s bank account, details of which are printed on the front of the invoice.
8.8 If the Buyer shall fail to make any payment on the due date or becomes bankrupt or enters into liquidation (other than for the purposes of amalgamation or reconstruction) or makes any composition arrangement with creditors or has a receiver appointed to its undertaking property or assets or any part thereof, the Company shall have the option to withhold or cancel further deliveries provided that the failure on the part of the Company to exercise such option in respect to one or more deliveries shall not affect their right to exercise it in respect of other deliveries.
9. Acceptance of Goods
9.1 The Buyer shall inspect or shall be deemed to have inspected the Goods upon delivery. Where the Goods supplied are not in accordance with the contract, the Buyer shall give notice in writing to the Company within 48 hours of delivery. If the Buyer does not provide any notice in accordance with this clause within 48 hours of delivery, the Buyer will be deemed to have accepted that the Goods are in good condition and match the description of the Goods ordered. Nothing in this clause shall affect any consumer guarantees under the Australian Consumer Law (if applicable).
9.2 The Company will at their option: (a) Credit the Buyer with the price; or (b) Replace same. All other warranties or conditions as to the Goods or their fitness for any purpose are excluded except where by statute such exclusion are prohibited. Slight changes to product composition do not constitute sufficient ground for complaint.
10. Returns
10.1 The Buyer may only return goods to the Company for credit if: the prior written approval of the Company for the return has been obtained; AND the freight costs on the return have been paid by the Buyer.
10.2 If the Buyer returns the Goods otherwise than in accordance with Clause 10.1: the Company may at its sole discretion accept the return and grant a credit to the Buyer. If the Company does not accept the return, the Company may hold the goods on the Buyer’s behalf at the Buyer’s expense until arrangements satisfactory to the Company are made by the Buyer for the disposal of the goods.
11. Cancellation
11.1 No Order for Goods placed by the Buyer and accepted by the Company may be cancelled or deferred without prior consent in writing of the Company and in the case of custom blended goods ordered by the Buyer no order for such goods may be cancelled after: the Company has scheduled manufacture of such goods; or the Company has purchased the materials required for the manufacture of such Goods.
11.2 Where an Order is cancelled, the Buyer indemnifies the Company against any losses incurred by the Company as a result of the cancellation, including, but not limited to loss of profit from other orders foregone as a result of the scheduling of the Order which is subsequently cancelled, and any administration fees. Where the Buyer has paid the Company a Deposit on account of an Order, the Deposit shall be used as a credit towards any amount due under this clause.
12. Title and Risk
12.1 The Buyer accepts the Goods and the Goods are at the Buyer’s risk immediately upon arriving at the Buyer’s premises, or destination specified by the Buyer.
12.2 The Company and the Buyer agree that ownership of the goods shall not pass to the Buyer until: the Buyer has paid the Company all amounts owing for the particular Goods; and the Buyer has met all other obligations due by the Buyer to the Company in respect of all contracts between the Company and the Buyer.
12.3 Receipt by the Company of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised and until then the Company’s ownership or rights in respect of the Goods shall continue.
12.4 It is further agreed that:
• Where practicable the Goods shall be kept separate and identifiable until the Company shall have received payment and all other obligations by the Buyer are met; and
• Until such time as ownership of the Goods shall pass from the Company to the Buyer the Company may give notice in writing to the Buyer to return the Goods or any of them to the Company. Upon such notice the rights of the Buyer to obtain ownership or any other interest in the Goods shall cease; and
• The Company shall have the right of stopping the Goods in transit whether or not delivery has been made; and
• If the Buyer fails to return the Goods to the Company, the Company or the Company’s agent may enter upon and into land and premises owned, occupied, or used by the Buyer or any premises as the invitee of the Buyer, where the Goods are situated and take possession of the Goods; and
• The Buyer is only a bailee of the Goods and until such time as the Company has received payment in full for the Goods then the Buyer shall hold any proceeds from the sale or disposal or otherwise benefit of the Goods, up to and including the amount the Buyer owes to the Company for the Goods, on trust for the Company; and
• The Buyer shall not deal with the money of the Company in any way which may be adverse to the Company; and
• The Buyer shall not charge the Goods in any way nor grant nor otherwise give any interest in the Goods while they remain the property of the Company; and
• The Company can issue proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods may not have passed to the Buyer; and
• Until such time that ownership in the Goods has passed to the Buyer, if the Goods are converted into other products, the parties agree that the Company will be the owner of the end products.
13. Personal Property Securities Act 2009 (“PPSA”)
13.1 In this clause:
13.1.1 financing statement has the meaning given to it by the PPSA.
13.1.2 financing change statement has the meaning given to it by the PPSA.
13.1.3 security agreement means the security agreement under the PPSA created between the Buyer and the Company by these terms and conditions; and
13.1.4 security interest has the meaning given to it by the PPSA.
13.2 Upon assenting to these terms and conditions in writing the Buyer acknowledges and agrees that these terms and conditions:
13.2.1 constitute a security agreement for the purposes of the PPSA and
13.2.2 create a security interest in: all Goods previously supplied by the Company to the Buyer (if any); and all Goods that will be supplied in the future by the Company to the Buyer.
13.3 The Buyer undertakes to:
13.3.1 promptly sign any further documents and/or provide any further information (such as is necessary to complete, make accurate and up to date in all respects any information) which the Company may reasonably require to: Register a financing statement or financing change statement in relation to a security interest on the Personal Property Securities Register; Register any other document required to be registered by the PPSA; or Correct a defect in a statement referred to in clause 13.3.
13.3.2 Indemnify, and upon demand re-imburse the Company for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register established by the PPSA or releasing any goods charged thereby.
13.3.3 not register a financing change statement in respect of a security interest without the prior written consent of the Company.
13.3.4 not register, or permit to be registered, a financing statement or financing change statement in relation to the Goods in favour of a third party without the prior written consent of the Company; and
13.3.5 immediately advise the Company of any material change in its business of selling the Goods which would result in a change in the nature of proceeds derived from such sales.
13.4 The Company and the Buyer agree that Section 96, 115 and 125 of the PPSA do not apply to the security agreement created by these Terms and Conditions.
13.5 The Buyer hereby waives its rights to receive notices under sections 94, 118, 121(4), 130, 132(3)(d) and 132(4) of the PPSA.
13.6 The Buyer waives its rights as a grantor and/or a debtor under Section 142 and 143 of the PPSA.
13.7 Unless otherwise agreed to in writing by the Company, the Buyer waives its rights to receive a verification statement in accordance with Section 157 of the PPSA.
13.8 The Buyer shall unconditionally ratify any actions taken by the Company under Clauses 13.3.
14. Security and Charge
14.1 Despite anything to the contrary contained herein or any other rights which the company may have howsoever:
14.1.1 where the Buyer and/or the Guarantor (if any) is the owner of land, realty or any other asset capable of being charged, both the Buyer and/or the Guarantor agree to mortgage and/or charge all of their joint and/or several interest in the said land, realty or any other asset to the Company or the Company’s nominee to secure all amounts and other monetary obligations payable under these terms and conditions. The Buyer and/or the Guarantor acknowledge and agree that the Company (or the Company’s nominee) shall be entitled to lodge where appropriate a caveat, which caveat shall be withdrawn once all payments and other monetary obligations payable hereunder have been met.
14.1.2 should the Company elect to proceed in any manner in accordance with this clause and/or its sub-clause, the Buyer and/or Guarantor shall indemnify the Company from and against all the Company’s costs and disbursements including legal costs on a Solicitor and own Buyer basis.
14.1.3 the Buyer and/or the Guarantor (if any) agree to irrevocably nominate constitute and appoint the Company or the Company’s nominee as the Buyer’s and/or Guarantor’s true and lawful attorney to perform all necessary acts to give effect to the provisions of this clause.
15. Buyer’s Statutory Rights
These Terms and Conditions of Sale shall not exclude, limit, restrict or modify the rights, entitlement and remedies conferred upon the Buyer, or the liabilities imposed upon the Company, or any Commonwealth or Victorian legislation rendering void or prohibiting such exclusion, limitation restriction or modification, but subject thereto all excludable conditions and warnings are hereby excluded.
— End of Terms and Conditions —
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Application Submitted!
Thank you for submitting your Business Credit Account Application.
The Hybrid-Ag team will be in touch with you shortly.
How it Works
When your Credit Account has been approved, you
will be informed via email. For each invoice you will:
1.
Receive an itemised GST invoice with payment terms and due date
when your order has been dispatched.
2. Pay your invoices via Electronic Funds Transfer (EFT), Credit or Debit card (by phoning our office directly), or by Cheque with appropriate remittance information.
Hybrid-Ag Pty Ltd Contact Details
- 52 Buckler Rd, Wangaratta Vic 3677, Australia
- (03) 5722 7555
- accounts@hybridag.com.au