CREDIT ACCOUNT APPLICATION FORM

RELIABLE FOOD DISTRIBUTORS TRADING PTY LTD ABN 55 645 336 312




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Credit Application Details
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(If a company, the “Customer”, fill in the information of directors)

(If a sole trader fill in the information of sole trader/partners)


Partner/Director #1

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Partner/Director #2

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  1. The Customer makes an application for credit account with Reliable Food Distributors Trading Pty Ltd (ABN 55 645 336 312) (Reliable Food Distributors) and agrees to pay all amounts due to Reliable Food Distributors from time to time promptly and in accordance with its standard trading terms and conditions (Terms)

  2. The Customer warrants to Reliable Food Distributors the accuracy of the information provided in this form. The Customer acknowledges that Reliable Food Distributors will rely on the truth and accuracy of the information provided by the Customer herein in considering the Customer’s credit application. In addition to any other remedies that may be available to Reliable Food Distributors, the Customer’s credit sale account may be suspended or terminated and all amounts outstanding will become immediately repayable in the event the particulars provided by the Customer in this application are inaccurate or misleading in any significant respect.

  3. The Customer agrees to allow Reliable Food Distributors to obtain information on the Customer’s Credit standing from whatever source Reliable Food Distributors deems appropriate, including any credit reference agency.

  4. The Customer acknowledges that all ‘personal information’ (as defined in the Privacy Act 1988 (Cth) collected by Reliable Food Distributors from Customer will be stored and used in accordance with Reliable Food Distributors’s Privacy Policy, a copy of which can be viewed at www.reliablefoods.com.au.

  5. The Customer agrees that Reliable Food Distributors 's Terms, as attached to this Form, will govern all transactions between Reliable Food Distributors and the Customer and the terms and conditions referred to on any order forms that may be used by the Customer will not apply, unless agreed to in writing to the contrary by Reliable Food Distributors. The Customer agrees:

    (a) it has been provided with a copy of Reliable Food Distributors’s Terms;
    (b) it has had the opportunity to read the Terms; and
    (c) to be bound by the Terms set out in the document attached to this Credit Application Form as amended from time to time by Reliable Food Distributors.

  6. The Customer authorises Reliable Food Distributors to provide its opinion with respect to the Customer’s credit standing with Reliable Food Distributors to further credit providers of the Customer, if requested by Customer or such further credit provider.

  7. I certify that I am authorised to sign this form for and on behalf of the Customer and that the information given above is correct.

For and on behalf of the Customer:


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Director's Deed of Guarantee
This Deed Poll dated the day of 2021

We, of ,
        of ,
the directors of ABN/ACN (the "Customer"),
in consideration of Reliable Food Distributors Trading Pty Ltd (ABN 55 645 336 312) (Reliable Food Distributors) agreeing to provide credit to the Customer, do hereby jointly and severally agree, as witnessed by our execution of this Guarantee, as follows:

  1. to guarantee the payment of all debts now due or to become due by the Customer to Reliable Food Distributors and, as a separate obligation, indemnify Reliable Food Distributors for any losses arising as a result of the Customer failing to pay debts due to Reliable Food Distributors including but not limited to Reliable Food Distributors’ costs of collection and legal costs on a solicitor client basis;

  2. that this guarantee and indemnity is a continuing obligation on our part and is not affected by Reliable Food Distributors giving any time or other indulgence to the Customer or us;

  3. that each of us is jointly and severally liable as amongst ourselves and with the Customer for all amounts owed by the Customer to Reliable Food Distributors and Reliable Food Distributors is at liberty to act as though any one of us was the principal debtor and we hereby waive all and any of our rights as surety which may at any time be inconsistent with any of these provisions;

  4. that if the Customer goes into liquidation or bankruptcy then we agree not to prove in such liquidation or bankruptcy until all debts to Reliable Food Distributors together with all other amounts owing to Reliable Food Distributors by the Customer and the legal costs of Reliable Food Distributors on a solicitor and client basis have been paid;

  5. that this guarantee is revocable at any time as to future transactions by the service of written notice on Reliable Food Distributors at Reliable Food Distributors’ place of business and we agree that we remain liable for all debts of the Customer to Reliable Food Distributors up to and including the transaction immediately prior to the service of the notice;

  6. the guarantors have read and understood the terms of this Guarantee and have also recognised their right to seek independent legal and financial advice on the documents prior to signing, and that Reliable Food Distributors is under no obligation to provide the guarantors with legal and financial advice as to the consequences and effect of these documents, nor to explain these documents to the guarantors.

  7. that otherwise this guarantee continues notwithstanding:

  8. (a) a change in the constitution of the Customer partnership or company notwithstanding Section 18 of the Partnership Act or any other enactment; (b) the Customer's business is assigned or in any way transferred to a different party; (c) a summons or application is filed for the winding-up of the Customer or a resolution is passed for the winding-up of the Customer, whether provisionally or otherwise; (d) where a judgment is granted against the Customer and that judgment remains unsatisfied or unappealed for a period of fourteen (14) days after the date of such judgment; (e) any payment received or recovered by Reliable Food Distributors is avoided by law or required to be or is disgorged for any reason, such payment shall be deemed not to have discharged our liability and we and Reliable Food Distributors shall each be restored to the position in which we would have been had no such payment been made; (f) the fact that Reliable Food Distributors has in its discretion refused further credit or supply of goods and / or services to the Customer and does not enforce or delays in enforcing of any debt against the Customer or us, under the terms of this Guarantee; (g) the death or mental incapacity of any of us; (h) Reliable Food Distributors has not executed this Guarantee, and in this regard the Guarantee is intended by the parties to operate as a Deed Poll; (i) the fact that Reliable Food Distributors enters into any form of insolvency administration, liquidation or arrangement; (j) the fact that any requested information within this Guarantee has not been completed or not completed properly; or (k) any other event that may affect our liability as surety.-->
  9. that this guarantee is enforceable against all of the guarantors who have executed the guarantee, notwithstanding that all the named guarantors may not have executed the guarantee.

  10. we irrevocably authorise Reliable Food Distributors to obtain from any person or company any information which Reliable Food Distributors may require for credit reference purposes. We further irrevocably authorise Reliable Food Distributors to provide to any third party, in response to credit references and enquiries about us or by way of information exchange with credit reference agencies, details of this Guarantee and any subsequent dealings that we may have with Reliable Food Distributors as a result of this Guarantee being actioned by Reliable Food Distributors;

  11. the above information is to be used by Reliable Food Distributors for all purposes in connection with Reliable Food Distributors considering this Guarantee and the subsequent enforcement of the same.

EXECUTED AS A DEED


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Terms and Conditions Reliable Foods Training
RELIABLE FOOD DISTRIBUTORS TRADING PTY LTD
ACN 645 336 312 ABN 55 645 336 312
(Company)
Trading Terms and Conditions
For Sale of Goods


These Trading Terms & Conditions (‘Terms’) apply (unless otherwise previously agreed in writing) to the supply of Goods by the Company to a Customer from time to time. Any supply of Goods by the Company to the Customer made after the date of acceptance of these Terms is a supply pursuant to the supply agreement constituted by these Terms and the relevant order accepted by the Company (‘Agreement’) and any such supply does not give rise to a new or separate agreement.

1 Interpretation

In these Terms unless the contrary intention appears:

Additional Charges includes all delivery, handling and storage charges, goods and services tax, stamp duty, interest, legal and other costs of recovery of unpaid money and all other government imposts and all money, other than the Purchase Price, payable by the Customer to Company arising out of the sale of the Goods.

Consequential Loss means increased costs or expenses; loss of revenue; loss of profit or anticipated profit; loss of business; loss of business reputation; loss of opportunities; loss of anticipated savings; loss of goodwill; loss or expense resulting from a claim by a third party; special or indirect loss or damage of any nature whatsoever caused by the Company’s failure to complete or delay in completing the order to deliver the Goods; and any other loss suffered by a party as a result of a breach of this Agreement that cannot reasonably be considered to arise directly and naturally from that breach.

Customer means the person to or for whom the Goods are to be supplied by Company. Force Majeure Event means any event outside the reasonable control of the Company including acts of God, war, riots, strikes, lock outs, trade disputes, break downs, mechanical failures, interruptions of transport, government action, pandemic, epidemic or any other cause whatsoever, whether or not of a like nature to those specified herein.

Goods means the goods sold to the Customer by the Company and includes any services provided by the Company to the Customer.

Intellectual Property Right means any patent, registered design, patent, trademark, copy-right, trade secret or any other proprietary right of a third party or parties, registered or unregistered, in any country.

PPSA means the Personal Property Securities Act 2009 (Cth).

Purchase Price means the list price for the goods as charged by the Company at the date of delivery or such other price as may be agreed by the Company and the Customer prior to delivery of the Goods.

2 Order for Goods

2.1 An order given to the Company is binding on the Company and Customer, if:

2.1.1 a written acceptance is signed for or on behalf of the Company; or

2.1.2 the Goods are supplied by the Company in accordance with the order.

2.2 An acceptance of the order by the Company is then to be an acceptance of these Terms by the Company and Customer and these Terms will override any conditions contained in the Customer’s order. Company reserves the right to accept a part only of any order by notifying the Customer in writing or by delivering the Goods to the Customer. No order is binding on Company until accepted by it.

2.3 An order which has been accepted in whole or in part by the Company cannot be cancelled by the Customer without obtaining the prior written approval of the Company, which it may refuse in its absolute discretion.

3 Warranties

3.1 To the extent permitted at law, all warranties whether implied or otherwise, not set out in these Terms or in another warranty document given by the Company are excluded and the Company is not liable in contract, tort (including, without limitation, negligence or breach of statutory duty) or otherwise to compensate the Customer for:

3.1.1 any increased costs or expenses;

3.1.2 any loss of profit, revenue, business, contracts or anticipated savings;

3.1.3 any loss or expense resulting from a claim by a third party; or

3.1.4 any special, indirect or Consequential Loss or damage of any nature whatsoever caused by Company’s failure to complete or delay in completing the order to deliver the Goods.

4 Limitation of Liability

4.1 The Company’s liability is limited, to the extent permissible by law and at the Company’s option, to:

4.1.1 in relation to the Goods:

4.1.1.1 the replacement of the products or the supply of equivalent products

4.1.1.2 the repair of the products

4.1.1.3 the payment of the cost of replacing the products or of acquiring equivalent products; or

4.1.1.4 The payment of the cost of having the products repaired

4.1.2 Where the Goods are services:

4.1.2.1 the supply of service again; or

4.1.2.2 the payment of the cost of having the services supplied again.

4.2 To the extent permitted at law, any claims to be made against the Company for short delivery of Goods must be lodged with the Company in writing within 7 days of the delivery date.

5 Delivery

5.1 The times quoted for delivery are estimates only and the Company accepts no liability for failure or delay in delivery of Goods. The Customer is not relieved of any obligation to accept or pay for Goods by reason of any delay in delivery. Goods may be delivered by instalments at the discretion of the Company.

5.2 Risk in accepting the Goods passes on delivery to the Customer.

5.3 All Additional Charges are payable by the Customer in addition to the Purchase Price of the Goods.

6 Price and Payment

6.1 The Customer must pay the Purchase Price and the Additional Charges to Company.

6.2 If the Customer is in default, Company may at its option withhold further deliveries, withhold further credit or cancel a contract without prejudice to any of its existing rights.

6.3 Where the Customer has an approved credit account, all payments are due within the date specified on the invoice (Due Date). Interest is charged at the rate of 18% per annum calculated and payable daily, compounded from the Due Date until the invoice is paid in full.

6.4 If payment is not received by the Due Date, the Customer agrees:

6.4.1 Any discounts specified on an invoice will be forfeited; and

6.4.2 the Company may withhold any promotional rewards that are able to be redeemed through promotional programs such as NAFDA Best of the Best Foodservice until such time as payment has been received or the Company may redeem such vouchers itself to reduce the amount of debt owed by the Customer to the Company.

6.5 Where the Customer does not have an approved credit account, payments are either due before or on delivery and the Company will notify the customer which is applicable:

6.5.1 Where payment is due before delivery, full payment must be received by the Company in cleared funds prior to delivery;

6.5.2 Where payment is due on delivery, full payment must be received by the Company at the time of delivery

6.6 All amounts payable by the Customer under these Terms must be paid without set-off or counter claim of any kind.

7 Returns

7.1 To the extent permitted by law, no returns will be accepted without prior written authorisation from the Company or its authorised representative. Requests for returns should be made to the Customer Service Department on 02 9825 8833 within 24 hours of delivery.

7.2 To the maximum extent permitted by law:

7.2.1 Returned Goods should not be unpacked and should be returned in original packaging and in good order and condition;

7.2.2 Special orders will not be accepted for return unless they are faulty; and

7.2.3 All price stickers, security devices or other non-Company labelling should be removed.

7.3 Returned Goods should be accompanied by documentation showing:

7.3.1 Customer’s name, address and account number/code;

7.3.2 Company invoice number; and

7.3.3 Reason for return.

7.4 All returned Goods will be subject to inspection by the Company to confirm that the Goods are defective or, if not defective and accepted for return, they have been returned in good order and condition.

8 Intellectual Property

8.1 From time to time, the Company may provide branding and artwork to the Customer to promote the Goods. The Company grants to the Customer, a non-transferable, non-exclusive, royalty free license to use such artwork and branding solely for the purpose of promoting and selling the Goods. All Intellectual Property Rights in the branding and artwork provided by the Company remain with the Company.

8.2 The Customer must return any branding and artwork to the Company on termination of these Terms or on request from the Company.

9 Retention of Title

9.1 Ownership, title and property in the Goods and in the proceeds of sale of those Goods remains with the Company until payment in full for the Goods and all sums due and owing by the Customer to the Company on any account has been made. Until the date of payment:

9.1.1 the Customer has the right to sell the Goods in the ordinary course of business;

9.1.2 the Goods are always at the risk of the Customer.

9.2 The Customer is deemed to be in default immediately upon the happening of any of the following events:

9.2.1 if any payment to the Company is not made promptly before the due date for payment;

9.2.2 if the Customer ceases to carry on business or stops or suspends payment or states its intention of so doing or is unable to pay its debts as they fall due or if any cheque or bill of exchange drawn by the Customer payable to the Company is dishonoured;

9.3 In the event of a default by the Customer, then without prejudice to any other rights which the Company may have at law or under this Agreement:

9.3.1 The Company or its agents may without notice to the Customer enter the Customer’s premises or any premises under the control of the Customer for the purposes of recovering the Goods.

9.3.2 The Company may recover and resell the Goods;

9.3.3 if the Goods cannot be distinguished from similar Goods which the Customer has or claims to have paid for in full, the Company may in its absolute discretion seize all goods matching the description of the Goods and hold same for a reasonable period so that the respective claims of the Company and the Customer may be ascertained. The Company must promptly return to the Customer any goods the property of the Customer and the Company is in no way liable or responsible for any loss or damage to the Goods or for any loss, damage or destruction to the Customer’s business howsoever arising from the seizure of the Goods.

9.3.4 In the event that the Customer uses the Goods in some manufacturing or construction process of its own or some third party, then the Customer must hold such part of the proceeds of sale of such manufacturing or construction process as relates to the Goods in trust for the Company. Such part will be an amount equal in dollar terms to the amount owing by the Customer to the Company at the time of the receipt of such proceeds. The Customer will pay the Company such funds held in trust upon the demand of Company.

9.4 Separately, the Customer hereby charges all its right, title and interest to and in the proceeds of sale of the Collateral (as defined in the PPSA) as original collateral, or any of it, in favour of the Company.

10 PPSA

10.1 Defined terms in this clause have the same meaning as given to them in the PPSA.

10.2 The Company and the Customer acknowledge that these Terms constitute a Security Agreement and entitle the Company to claim:

10.2.1 a Purchase Money Security Interest (“PMSI”) in favour of the Company over the Collateral supplied or to be supplied to the Customer as Grantor pursuant to these Terms; and

10.2.2 a security interest over the proceeds of sale of the Collateral referred to in (a) as original collateral.

10.3 The goods supplied or to be supplied under these Terms fall within the PPSA classification of ”Other Goods” acquired by the Customer pursuant to these Terms.

10.4 The Proceeds of sale of the Collateral referred to in clause 10.2.1 falls within the PPSA classification of “Account”.

10.5 The Company and the Customer acknowledge that Company, as Secured Party, is entitled to register its Security Interest in the Collateral supplied or to be supplied to the Customer pursuant to these Terms and in the relevant Proceeds.

10.6 To the extent permissible at law, the Customer:

10.6.1 waives its right to receive notification of or a copy of any Verification Statement confirming registration of a Financing Statement or a Financing Change Statement relating to a Security Interest granted by the Customer to Company.

10.6.2 agrees to indemnify the Company on demand for all costs and expenses, including legal costs and expenses on a solicitor / client basis, associated with the;

10.6.2.1 registration or amendment or discharge of any Financing Statement registered by or on behalf of the Company; and

10.6.2.2 enforcement or attempted enforcement of any Security Interest granted to the Company by the Customer;

10.6.3 agrees that nothing in sections 130 and 143 of the PPSA will apply to these Terms or the Security under these Terms;

10.6.4 agrees to waive its right to do any of the following under the PPSA:

10.6.4.1 receive notice of removal of an Accession under section 95;

10.6.4.2 receive notice of an intention to seize Collateral under section 123;

10.6.4.3 object to the purchase of the Collateral by the Secured Party under section 129;

10.6.4.4 receive notice of disposal of Collateral under section 130;

10.6.4.5 receive a Statement of Account if there is no disposal under section 132(4);

10.6.4.6 receive a Statement of Account under section 132(3)(d) following a disposal showing the amounts paid to other Secured Parties and whether Security Interests held by other Secured Parties have been discharged.

10.6.4.7 receive notice of retention of Collateral under section 135;

10.6.4.8 redeem the Collateral under section 142; and

10.6.4.9 reinstate the Security Agreement under section 143.

10.6.5 All payments received from the Customer must be applied in accordance with section 14(6)(c) of the PPSA.

11 Liens The Company may have a common law or statutory lien over the Goods. In the event that there is no such lien, the Customer agrees that the Company has a general lien over all Goods including the right to sell the same where the Customer is in default under these Terms.

12 On-Sale The Customer agrees that upon the on-sale of any Goods to third parties, it will:

12.1 inform any third party involved of these Terms;

12.2 inform any third party of the Company’s product warranties if any; and

12.3 not make any misrepresentations to third parties about the Goods.

13 Trustee Capacity

If the Customer is the trustee of a trust (whether disclosed to Company or not), the Customer warrants to the Company that:

13.1 the Customer enters into this Agreement in both its capacity as trustee and in its personal capacity;

13.2 the Customer has the right to be indemnified out of trust assets;

13.3 the Customer has the power under the trust deed to enter into this Agreement; and

13.4 The Customer will not retire as trustee of the trust or appoint any new or additional trustee without first advising the Company.

14 Indemnity

To the full extent permitted by law, the Customer will indemnify the Company and keep the Company indemnified from and against any liability and any loss or damage the Company may sustain, as a result of any breach, act or omission, arising directly or indirectly from or in connection with any breach of any of these Terms by the Customer or its representatives.

15 Force Majeure

15.1 The Company will not be liable for the consequences of any failure or delay in performing any of its obligations under these Terms to the extent that such failure or delay is due directly or indirectly to any Force Majeure Event.

15.2 If a Force Majeure Event arises, the Company will notify the Customer in writing of the Force Majeure Event and the likely impact it will have on the Company’s performance under these Terms. If the Force Majeure Event affects the capacity of the Company to complete its material obligations under these terms in a timely manner, the Company may by notice to the Customer terminate this Agreement without any liability whatsoever on its part arising from that termination.

16 General

16.1 Neither party excludes or limits the application of any statute (including but not limited to the Competition and Consumer Act 2010 (Cth) (CCA) as amended from time to time and its schedule 2, the Australian Consumer Law), where to do so would contravene that statute or cause a provision of these Terms to be void. Any stated exclusion or limitation in this Terms is only to the full extent permitted at law.

16.2 These Terms are to be construed in accordance with the laws from time to time in the State of New South Wales and the Commonwealth of Australia. The parties submit to the non-exclusive jurisdiction of the Courts of New South Wales, Australia and any courts which may hear appeals from those courts in respect to any proceedings in connection with these Terms.

16.3 These Terms contain all of the terms and conditions of the contract between the parties and may only be varied by agreement in writing between the parties.

16.4 Any conditions found to be void, unenforceable or illegal may, to that extent be severed from the Agreement.

16.5 No waiver of any of these Terms or failure to exercise a right or remedy by the Company will be considered to imply or constitute a further waiver by the Company of the same or any other term, condition, right or remedy.


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