Authority to exchange information with other credit providers
By submitting this application, you authorise us to give and obtain information about your personal and commercial
credit arrangements from: Credit providers named in this application, any agent of ours and any credit provider named in a personal or commercial credit report issued by a credit reporting agency. By signing this application, you acknowledge this information can include any details, which can be shared under the Privacy Act, about your credit worthiness, credit standing, credit history or credit capacity. Further by signing this application, you acknowledge that we may use the information we give to or obtain from other credit providers or our agents to:
- Assess this application.
- Notify other credit providers when you do not meet your credit obligations.
- Assess your credit worthiness.
Form of Guarantee to Nolan Cylinder Heads & Auto Parts Pty Ltd.
By sumitting this form, l/We do hereby jointly and severally guarantee payment upon demand and without any deduction, withholding, set-off or counterclaim of all monies owed, or which will become owing to Nolan Cylinder Heads & Auto Parts Pty Ltd under this or any other agreement with the abovementioned business/company. This guarantee shall be a continuing guarantee and shall not be affected by time or other indulgence that may be given by you. This guarantee is not conditional on Nolan Cylinder Heads & Auto Parts
Pty. Ltd first making any demand or taking any action against any other person.
Default and consequences of default
- A Late Payment Fee on overdue invoices shall accrue from the date when payment becomes due and shall be calculated on a daily basis at a rate of 2.2% per month until the date payment in full is received by the Seller. (2.2% per month equates to an annual percentage rate of 26.4%. The daily rate being 0.072328%)
- If the Buyer defaults in payment of any invoice when due, the Buyer shall indemnify the Seller from and against all of the Seller’s costs and disbursements including on a solicitor and own client basis and in addition all of the Seller’s nominee’s costs of collection.
- If the Buyer’s payment is dishonoured by their bank, then the Seller may increase the amount of the Price by any charges for dishonours charged by the Seller’s bank and the Buyer shall pay the Seller that amount.
- Without prejudice to any other remedies the Seller may have, if at any time the Buyer is in breach of any obligation (including those relating to payment), the Seller may suspend or terminate the supply of Goods to the Buyer and any of its other obligations under these Terms and Conditions. The Seller will not be liable to the Buyer for any loss or damage the Buyer suffers because the Seller exercised its rights under this clause.
- In the event that:
- any money payable to the Seller becomes overdue, or in the Seller’s opinion, the Buyer will be unable to meet its payments as they fall due; or
- the Buyer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement
- a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Buyer, then without prejudice to the Seller’s other remedies at law:
- the Seller shall be entitled to cancel all or any part of any order of the Buyer which remains unperformed in addition to and without prejudice to any other remedies; and
- all amounts owing to the seller shall, whether or not due for payment, immediately become payable in addition to the interest payable under clause 1 above.