Terms and Conditions

  1. The Applicant is not entitled to any credit for the supply of goods until Winning Appliances notifies the Applicant that this application is approved despite any time for payment which Winning Appliances grants to the Applicant.
     
  2. If this Application is approved Winning Appliances will notify the Applicant of the Credit Limit and any other conditions of approval and these terms and conditions then apply. Any conditions of approval are deemed incorporated in these terms and conditions.
     
  3. The Applicant must pay for all Goods supplied on or before the Due Date despite the date on which the Applicant receives any invoice or statement of the Goods or any dispute in respect of the Goods.
     
  4. The debit balance of the Account must not at any time exceed the Credit Limit.
     
  5. A default event occurs if:
    • The Applicant commits an act of bankruptcy or is declared bankrupt
    • A petition for the Applicant’s winding up is filed or the Applicant is wound up.
    • The Applicant is placed in receivership or voluntary administration.
    • The Applicant enters into any agreement with creditors.
    • A cheque from the Applicant is dishonoured.
    • Monies are unpaid after the due date.
    • The Applicant ceases to trade or carry on business in the usual manner.

     
  6. If a default event occurs:
    • Winning Appliances may terminate the supply of goods on credit.
    • All monies unpaid in respect of goods become due and payable.
    • Winning Appliances may retake possession of the goods and sell them.

     
  7. Winning Appliances may from time to time vary the Credit Limit without prior notice to the Applicant.
     
  8. Until all monies are received:
    • The ownership of the goods remain at all times with Winning Appliances.
    • The Applicant:
      1. Holds the goods as Winning Appliances agent.
      2. Must properly store the Goods separately from any other goods and in a manner that shows that Winning Appliances is the owner of the Goods.
      3. Must insure the Goods.
      4. Must permit Winning Appliances reasonable access to the Applicants premises at any time to inspect the Goods; and
      5. May sell the Goods as fiduciary agent for Winning Appliances.
    • If a default event occurs Winning Appliances may:
      1. Retake possession of the Goods and sell them; or
      2. If it notifies the Applicant that monies in respect of the Goods are recoverable as a debt, sue for these monies.

     
  9. Despite clause 8 risks passes to the Applicant on delivery of the Goods.
     
  10. The Applicant as beneficial owner and as trustee of charges in favour of Winning Appliances all the Applicant’s right, title and interest in land (including land acquired in the future) to secure the payment of all monies and the observance and performance of the Applicant’s obligations under these Terms and Conditions and Winning Appliances may register a caveat over the Applicant’s land in respect of this charge.
     
  11. If the Applicant is a trustee of any Trust:
    • It is bound by these Terms and Conditions and charges its land as trustee.
    • It is a proper exercise of the Applicant’s authority and power under the trust instrument and at law to trade with Winning Appliances and to charge its land in accordance with these Terms and Conditions.

     
  12. The Applicant must no later than 14 days prior to any proposed change of ownership, shareholding and effective control or of directors of the Applicant notify Winning Appliances of the proposed changes.
     
  13. All reasonable costs, expenses and disbursements incurred by Winning Appliances (including debt collection fees and legal fees) arising from or incidental to Winning Appliances exercising a right under these Terms and Conditions or from a default event, are payable by the Applicant upon demand.
     
  14. The Applicant must indemnify Winning Appliances on demand against any loss, damage, cost, expense or liability which Winning Appliances incurs because an entity (with or without Winning Appliances’ knowledge) uses credit available to the Applicant under these terms and conditions with the Applicants consent.
     
  15. These Terms and Conditions and any conditions of approval of the Applicant:
    • May only be varied in writing signed on behalf of the Applicant and Winning Appliances.
    • Prevail to the extent of any inconsistency with other terms and conditions relating to the supply of Goods.

     
  16. If any part of these terms and conditions or any related document is to become void or unenforceable that part is severed so that parts which are not void or unenforceable remain in full force and effect and are unaffected by the severance.
     
  17. Winning Appliances failure to exercise any right or power does not operate as a waiver and a partial exercise of a right or power does not preclude any further exercise of the right or power.
     
  18. Any notice demand, consent, approval or other communication from one party to the other must be in writing and may be sent to:
    • Winning Appliances, PO Box 6829, Silverwater BC, Silverwater, 1811.
    • The Applicant, at it’s Business address or facsimile mentioned in this Application.

     
  19. A signed certificate from Winning Appliances stating the amount of the monies or any other matter or fact is proof of that amount or other matter or fact as at the date stated unless the Applicant proves to the contrary.
     
  20. Winning Appliances P/L may give information about you to a credit reporting agency.
     
  21. Winning Appliances P/L have permission to obtain a copy of a credit report from a credit reporting agency.
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