PO Box
20365, Hamilton.
Tele: (07) 850
6030. Fax: (07) 850
6041.
Email: scott@impactlighting.co.nz
ACCOUNT APPLICATION FORM
ENTITY DETAILS:
Applicant's Full Legal Name (i.e. not trading
name): ................................................................................... (“the Customer”)
(Please tick) Sole Trader o
Individual o
Partnership o
Ltd Company o
Other (please state): .................................................................
Trading as: ............................................................................................ Postal Address: .............................................................................................
Physical Address: .................................................................................. Email:..............................................................................................................
Nature of Business: ................................................................................ Years
in Business:..........................................................................................
Telephone: ............................................................................ Fax: ........................................................ Date of Birth: ...............................................
Contact Name & Position: ...............................................................................................................................................................................................
OWNERSHIP please insert Owner(s) / Directors Name(s) in full
1:............................................................................................................
Address: .......................................................................................................
2:............................................................................................................
Address: .......................................................................................................
If LIMITED
liability company - Address of
Registered Office: ...............................................................................................................................
Date of Incorporation: ............................................ Incorporation No: ..........................................................................................................................
FINANCIAL & PROFESSIONAL ADVISORS
Shareholders Funds: ............................................................................. Paid Up: .......................................................................................................
Name of Accountant: .............................................................................. Solicitor: ........................................................................................................
Bank:......................................................................................
Branch: ................................................... Acct No: ......................................................
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TRADE REFERENCES |
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Company Contact
Name Phone
Number Account
open since |
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2/. |
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General Description of
Goods/Products/Services to be Provided: .....................................................................................................................
.......................................................................................................................................................................................................................................
I/We have read and agree to be bound by the
terms and conditions of trade as printed overleaf or attached. I/We warrant to Impact Lighting
Limited that the above information is to the best of my/our
knowledge, information and belief true and correct and that I/we am/are duly authorised
to enter into this application and future contracts on behalf of the Customer. I/we also acknowledge that pursuant to the
personal guarantee contained in the terms and conditions of trade that, where
relevant, I/we am/are also signing this application form in my/our personal
capacity.
Signed ........................................................................... Print Name ...................................................... Designation .................................................
Dated this ........... day of ............................. 20............
1.1
“Impact Lighting” shall
mean Impact
Lighting Limited, or any agents or employees thereof.
1.2
“Customer”
shall mean the Customer,
any person acting on behalf of and with the authority of the Customer,
or any person purchasing products and services from Impact Lighting.
1.3.1
all Products
of the general description specified on the front of this agreement and
supplied by Impact
Lighting to the Customer;
and
1.3.2
all Products
supplied by Impact
Lighting to the Customer;
and
1.3.3
all
inventory of the Customer
that is supplied by Impact
Lighting; and
1.3.4
all Products
supplied by Impact
Lighting and further identified in any invoice issued by Impact
Lighting to the Customer,
which invoices are deemed to be incorporated into and form part of this
agreement; and
1.3.5
all Products
that are marked as having been supplied by Impact
Lighting or that are stored by the Customer
in a manner that enables them to be identified as having been supplied by Impact
Lighting; and
1.3.6
all of
the Customer’s
present and after-acquired Products
that Impact
Lighting has performed work on or to or in which goods or materials
supplied or financed by Impact
Lighting have been attached or incorporated.
1.3.7
The
above descriptions may overlap but each is independent of and does not limit
the others.
1.4
“Products” shall also
mean all products, goods, services and advice provided by Impact
Lighting to the Customer
and shall include without limitation the importing, wholesaleing, design and
retail distribution of lighting products and systems and all associated
products and services and
all charges for labour, hire charges, insurance charges, or any fee or charge
associated with the supply of Products
by Impact
Lighting to the Customer.
1.5
“Price”
shall mean the cost of the Products
as agreed between Impact
Lighting and the Customer
and includes all disbursements eg charges Impact
Lighting pay to others on the Customer's
behalf subject to clause 4
of this contract.
2.1
Any
instructions received by Impact
Lighting from the Customer
for the supply of Products
shall constitute a binding contract and acceptance of the terms and conditions
contained herein.
3. COLLECTION
AND USE OF INFORMATION
3.3
Where
the Customer
is a natural person the authorities under clauses 3.1 and 3.2 are
authorities or consents for the purposes of the Privacy Act 1993.
4.1
Where
no price is stated in writing or agreed to orally the Products shall
be deemed to be sold at the current amount as such Products are
sold by Impact
Lighting at the time of the contract.
4.2
The
price may be increased by the amount of any reasonable increase in the cost of
supply of the Products
that is beyond the control of Impact
Lighting between the date of the contract and delivery of the Products.
5.1
Payment
for Products
shall be made in full on or before the 20th day of the month
following the date of the invoice (“the due date”).
5.2
Interest
may be charged on any amount owing after the due date at the rate of 2.5% per
month or part month.
5.3
Any
expenses, disbursements and legal costs incurred by Impact Lighting
in the enforcement of any rights contained in this contract shall be paid by
the Customer,
including any reasonable solicitor’s fees or debt collection agency fees.
5.4
Receipt
of a cheque, bill of exchange, or other negotiable instrument shall not
constitute payment until such negotiable instrument is paid in full.
5.5
Discounts
against list price are only authorised when the account is paid by the due
date. Any discount given against a
specific order does not bind or oblige Impact Lighting to give a similar
discount or varied discount on any future order.
6.1
Where
a quotation is given by Impact
Lighting for Products:
6.1.1
Unless
otherwise agreed the quotation shall be valid for thirty (30) days from the
date of issue; and
6.1.2
The
quotation shall be exclusive of goods and services tax unless specifically
stated to the contrary;
6.1.3
Impact
Lighting reserve the right to alter the quotation because of
circumstances beyond its control.
6.2
Where Products
are required in addition to the quotation the Customer
agrees to pay for the additional cost of such Products.
7.1
The Products
remain at Impact
Lighting’ risk until delivery to the Customer.
7.2
Delivery
of Products
shall be deemed complete when Impact
Lighting gives possession of the Products
directly to the Customer
or possession of the Products
is given to a carrier, courier, or other bailee for purposes of transmission to
the Customer.
7.3
The
time agreed for delivery shall not be an essential term of this contract unless
the Customer
gives written notice to Impact
Lighting making time of the essence.
Delivery date where specified is subject to Impact Lighting suppliers
stock levels and/or productions schedules and accordingly Impact Lighting
reserve the right to alter delivery dates.
8.2
Where Impact
Lighting enters into a contract of the type referred to in clause 8.1 it
shall be read with and form part of this agreement and the Customer
agrees to pay any amounts due under that contract.
9. TITLE
AND SECURITY (PERSONAL PROPERTY SECURITIES ACT 1999)
9.1
Title
in any Products
supplied by Impact
Lighting passes to the Customer
only when the Customer
has made payment in full for all Products
provided by Impact
Lighting and of all other sums due to Impact
Lighting by the Customer
on any account whatsoever. Until all
sums due to Impact
Lighting by the Customer
have been paid in full, Impact
Lighting has a security interest in all Products.
9.2
If the
Products
are attached, fixed, or incorporated into any property of the Customer,
by way of any manufacturing or assembly process by the Customer or
any third party, title in the Products
shall remain with Impact
Lighting until the Customer
has made payment for all Products,
and where those Products
are mixed with other property so as to be part of or a constituent of any new Products,
title to these new Products
shall deemed to be assigned to Impact
Lighting as security for the full satisfaction by the Customer
of the full amount owing between Impact
Lighting and Customer.
9.5
The
following shall constitute defaults by the Customer:
9.5.1
Non
payment of any sum by the due date.
9.5.2
The Customer
intimates that it will not pay any sum by the due date.
9.5.3
Any Products
are seized by any other creditor of the Customer
or any other creditor intimates that it intends to seize Products.
9.5.4
Any Products
in the possession of the Customer
are materially damaged while any sum due from the Customer to Impact
Lighting remains unpaid.
9.5.5
The Customer
is bankrupted or put into liquidation or a receiver is appointed to any of the Customer’s
assets or a landlord distains against any of the Customer’s
assets.
9.5.6
9.5.7
Any
material adverse change in the financial position of the Customer.
9.6
If the
Credit Repossession Act applies to any transaction between the Customer
and Impact
Lighting, the Customer
has the rights provided in that Act despite anything contained in these terms
and conditions of trade.
10.1
Impact
Lighting may in its discretion allocate any payment
received from the Customer
towards any invoice that Impact
Lighting determines and may do so at the time of receipt or at any time
afterwards and on default by the Customer
may reallocate any payments previously received and allocated. In the absense of any payment allocation by Impact
Lighting, payment shall be deemed to be allocated in such manner as
preserves the maximum value of Impact
Lighting’s purchase money security interest in products.
11.1
No
claim relating to Products
will be considered unless made within fourteen (14) days of delivery.
12.1
The Customer
shall be deemed to have accepted the Products provided unless the Customer
notifies Impact
Lighting otherwise within three (3) days of delivery of the Products
to the Customer.
12.2
No Products
will be accepted for return by Impact
Lighting without prior approval of Impact
Lighting. Products accepted for
return will be surcharge to a handling fee of 10% within ten (10) days of
delivery or 20% if within thirty (30) days of delivery. Non-standard Products or customised Products
will be subject to a handling fee of 30%.
Specially designed Products for manufacture will not be credited nor
will cancellation of an order for such Products be accepted by Impact Lighting
unless the Customer agrees to pay all costs incurred by Impact Lighting up to
the time Impact Lighting are advised of a cancellation.
13.2
Except
as otherwise provided by clause 13.1
Impact
Lighting shall not be liable for:
13.2.1
Any
loss or damage of any kind whatsoever including consequential loss whether
suffered or incurred by the Customer
or another person and whether in contract or tort (including negligence) or
otherwise and irrespective of whether such loss or damage arises directly or
indirectly from Products
provided by Impact
Lighting to the Customer;
and
13.2.2
The Customer
shall indemnify Impact
Lighting against all claims and loss of any kind whatsoever however
caused or arising and without limiting the generality of the foregoing of this
clause whether caused or arising as a result of the negligence of Impact
Lighting or otherwise, brought by any person in connection with any
matter, act, omission, or error by Impact
Lighting its agents or employees in connection with the Products.
14.1
Manufacturer’s
warranty applies where applicable.
14.2
Any
written warranty that Impact
Lighting provide to the Customer
will also form part of these terms and conditions of trade.
15.1
The
guarantees contained in the Consumer Guarantees Act 1993 are excluded where the
Customer
acquires Products
from Impact
Lighting for the purposes of a business in terms of section 2 and 43 of
that Act.
16.
PERSONAL GUARANTEE OF COMPANY DIRECTORS OR
TRUSTEES
16.1
If the
Customer
is a company or trust, the director(s) or trustee(s) signing this contract, in
consideration for Impact
Lighting agreeing to supply Products
and grant credit to the Customer
at their request, also sign this contract in their personal capacity and
jointly and severally personally undertake as principal debtors to Impact
Lighting the payment of any and all monies now or hereafter owed by the Customer
to Impact
Lighting and indemnify Impact
Lighting against non-payment by the Customer. Any personal liability of a signatory hereto
shall not exclude the Customer
in any way whatsoever from the liabilities and obligations contained in this
contract. The signatories and Customer
shall be jointly and severally liable under the terms and conditions of this
contract and for payment of all sums due hereunder.
17.1 Impact
Lighting shall, without any liability, and without any prejudice to any
other right it has in law or equity, have the right by notice to suspend or
cancel in whole or in part any contract for the supply of Products
to the Customer
if the Customer
fails to pay any money owing after the due date or the Customer
commits an act of bankruptcy as defined in section 19 of the Insolvency Act
1967.
17.2 Any cancellation or suspension of this
agreement shall not affect Impact
Lighting’s claim for money due at the time of cancellation or suspension
or for damages for any breach of any terms of this contract or the Customer’s
obligations to Impact
Lighting under this contract.
18.1 Impact
Lighting shall not be liable for delay or failure to perform its
obligations if the cause of the delay or failure is beyond its control.
18.2 Failure by Impact Lighting
to enforce any of the terms and conditions contained in this contract shall not
be deemed to be a waiver of any of the rights or obligations Impact
Lighting has under this contract.
18.3 If any provision of this contract shall be
invalid, void or illegal or unenforceable the validity existence, legality and
enforceability of the remaining provisions shall not be affected, prejudiced or
impaired.
18.4 The client shall not assign all or any of
its rights or obligations under this contract without the written consent of Impact
Lighting.