CREDIT APPLICATION - TERMS AND CONDITIONS
“The seller” means Eclipse Brewing Co: “The purchaser” means the applicant for credit: “The products” means the seller’s range of alcoholic beverages and any other items carried by the seller from time to time.
Prices quoted in the seller’s published price list or by the representatives of the seller are subject to change without notice and are not binding on the seller. All goods are charged at the applicant price ruling at the date upon which the products leave the seller’s premises for delivery to the purchaser.
Prices are not inclusive of freight and shall be the purchaser’s account.
Terms of payment
Legal and beneficial title to any goods purchased from the seller remain the property of the seller until the invoice of the total goods is paid in full to the seller in cleared funds. Where the purchaser has a credit account, unless the seller otherwise notifies the purchaser, the products must be paid for in full within fourteen (14) days from the date of invoice. When the purchaser has a credit account and is overdue with any payment or if the seller is in receipt of any bank or trade references which it regards as unsatisfactory, the seller reserves the right to change the purchaser to a C.O.D or Direct Debit. account. Where the purchaser has a C.O.D or Direct Debit account the products must be paid for in full on or before the time of delivery to the purchaser. The purchaser shall have no right to set off any monies against any outstanding account in respect of any claims it may have against the seller.
The seller shall use all reasonable endeavours to meet the purchaser’s requested delivery dates but the seller shall not be liable to the purchaser for any loss or damage whatsoever should it be delayed or prevented from delivering the products on the nominated date. It is the purchaser’s responsibility to inspect all the products upon delivery. The seller shall not in any circumstances be liable for short delivery unless the purchaser notifies the seller upon receipt of delivery.
Cancellation and Return
The purchaser may return the products for credit or replacement provided they are so returned to the seller’s premises with the applicable invoice number quoted, within fourteen (14) days of the delivery to the purchaser. The seller reserves the right immediately to cancel any order or suspend any delivery without incurring any liability to the purchaser if the purchaser is in default of payment or if the purchaser became bankrupt, goes into liquidation, makes a composition with its creditors, has a receiver or manager appointed of whole or any part of its assets or business or takes or suffers any similar action in consequence of debt.
Non‐Availability of Stock
While every effort will be made to fulfil the purchaser’s orders for the products, the seller shall not be liable for any loss or damage arising as a result of non‐availability of stock.
Authority to Obtain and Exchange Credit Information
The purchaser agrees that the seller may seek credit information (section 18K(1)(b). Privacy Act 1988). If the seller considers it relevant to assess the purchaser’s application for commercial credit, the purchaser agrees to the seller obtaining from a credit‐reporting agency a credit report containing personal credit information about the purchaser in reaction to commercial credit provided by Eclipse Brew Co Pty Ltd. The seller may exchange information with other credit providers (section 18K(1)(b), Privacy Act 1988). The purchaser agrees to Eclipse Brew Co Pty Ltd obtaining personal information about the purchaser from other credit providers, whose names the purchaser may have provided to Eclipse Brew Co Pty Ltd, or that may be named in a credit report for the purpose of assessing the application for commercial credit made to Eclipse Brew Co Pty Ltd.