Customer and Credit application form

Proprietors (MANDATORY SECTION)

All Directors or Partners or Owners must be shown and all sign the Application

Contact / Order person
Please fill in the contact person's details for ordering

Terms & Conditions

1. The word "company" means Tangola Pty Ltd ABN 24 050 142 400 and the word "purchaser" means the person, partnership or company buying the goods sold from the company and "goods" means the goods supplied by the company to the purchaser and subject of an order by the purchaser.
   
   
2. The purchaser shall pay the "price" (hereinafter defined) for goods sold by the company to the purchaser on delivery either by cash or cheque or as advised by the company.
   
   
3. Should the purchaser fail to pay the price or any part thereof as required under clause 2 then all monies owing by the purchaser to the company shall become immediately due and payable.
   
   
4. Should the purchaser fail to pay for any reason any amount as required by Clause 2 or due and payable under clause 2 the company shall have the right in addition to any other rights reserved herein to charge interest at the rate equivalent to 2.5% above the rate chargeable pursuant to Section 2 of the Penalty Interest Rates Act 1983 from time to time, such interest to be calculated daily from the date of the invoice to the date of full payment by the purchaser to the company. Any part payment made by the purchaser shall be credited first against interest accrued to the date of payment and thereafter shall be applied towards reduction or discharge of other monies due by the purchaser to the company, calculated in date order of the invoice for the goods sold earliest in time being paid first.
   
   
5. Should the purchaser be in default under these Terms and Conditions the purchaser shall be liable for and shall indemnify the company against all legal costs and other expenses, incurred in attempting to remedy the default or recover the monies due hereunder and/or damages, such expenses includes any agency's expenses should the company at its sole discretion determine to use an agency to collect monies outstanding and/or any other expenses including disbursements, collection commissions and interest. Such total expenses shall be recoverable as a liquidated debt.
   
   
6. The amount shown on the company's invoice to the purchaser as the "Total" shall be the price.
   
   
7. The company may set off any amount owed by the company to the purchaser from any amount due by the purchaser to the company.
   
   
8. The company reserves the right to charge a delivery/freight fee for goods delivered such fee to be chargeable at the discretion of the company and advised to the purchaser upon acceptance of the order and included on the invoice.
   
   
9. The company undertakes to deliver goods ordered on any date as agreed or otherwise within a reasonable time. Non-delivery of goods due to including (without limitation) unavailability of goods, strikes, lockouts, accidents, war, riots, civil commotion, fire, flood, explosion, shortage of power, inclement weather, act of God or governmental prohibition or intervention or any other cause beyond the company's control will not be construed as a breach of contract nor give rise to any liability on the part of the company but the order shall be deemed to be suspended with the right of the company at any time following suspension to reduce the amount to be delivered or cancel such order or to comply with the order upon cessation of the cause preventing delivery.
   
   
10. The purchaser acknowledges and agrees that it shall accept delivery of goods at any time during normal business hours.
    
    
11. Each delivery made by the company shall upon delivery be examined by the purchaser.
    
    
12. The purchaser shall not have any right to claim unless such a claim is received by the company within seven (7) days of date of delivery or for fresh produce and/or frozen food within 24 hours of delivery.
    
    
13. The purchaser acknowledges that the company shall not be responsible for nor shall any credit given for any goods returned to the company without the company's prior written consent. Where consent is given goods are returned in the condition in which they were delivered or collected.
    
    
14. Risk in any goods supplied by the company to the purchaser shall pass when such goods are delivered into the custody of the purchaser or someone on the purchaser's behalf or at the nominated delivery point.
    
    
15. Until the purchaser has paid for the goods in full and also paid all other money's due and payable to the company by the purchaser property in the goods shall remain with the company. The purchaser shall hold the goods as bailee.
    
    
16. If the purchaser sells the goods to its customers, the purchaser, in its position as a fiduciary, assigns to the company the benefit of any claim against the customers, and shall hold on trust and account to the company for all proceeds of sale.
    
    
17. The terms and conditions herein shall be governed by the laws of the State of Victoria and the exclusive jurisdiction of the courts of the State of Victoria shall apply to any dispute or legal action between the company and the purchaser.
    
    
18. The company from time to time may at its absolute discretion vary the Terms & Conditions.
    
    
19. If any provisions of these Terms & Conditions is held by Court to be unlawful, invalid, and unenforceable or in conflict with any rule of law, statue, ordinance or regulation the validity and enforceability of the remaining provision shall not be thereby effected.
    
    
20. Once customer achieve terms of payment for such certain period, this can be have credit term at the discretion of Tangola Sales team.

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