Credit Application Form

If Customer is a Trust, please provide

Part B – Credit Account Terms

1. Structure of the Terms of this Agreement

These Credit Account Terms together with the Terms and Conditions of Trade (Services Agreement) entered into, or to be entered into between BHF Technologies Pty Ltd ACN 667 332 256 (BHF) of 4 Kingston Town Close, Oakleigh, VIC 3166 (BHF) and the person named as the Customer above (Customer) are intended to regulate the key trading terms including the extension of credit in connection with the supply of the Goods and Services (as defined in the Services Agreement) by BHF to the Customer.

By signing this application form below, the Customer acknowledges and agrees that (a) it is bound by these Credit Account Terms; and (b) it has been provided with a copy of the Services Agreement and has had the opportunity to obtain independent advice on the Services Agreement, and is bound by the Services Agreement (which if not agreed to separately by the Customer, will be deemed agreed to by the Customer signing this document below).

These Credit Account Terms and the Services Agreement shall form independent and binding legal agreements, separately enforceable in accordance with their terms. Remedies due to BHF under these Credit Account Terms are in addition to any remedies which BHF may enforce under the Services Agreement (and vice versa).

Any capitalised term in these Credit Account Terms has the meaning given to it in the Services Agreement.
 

2. Customer Obligations

These Credit Account Terms apply if BHF agrees to supply Goods and/or Services to the Customer on credit. The Customer has no entitlement to credit unless, in BHF’s sole discretion, BHF extends credit to the Customer. If BHF extends credit to the Customer in respect of any particular Goods, Services or Order, BHF may in its sole discretion, at any time and for any reason, refuse to supply further Goods and Services to the Customer on credit terms or on any other terms of payment. If BHF declines to extend further credit to the Customer, the terms of the supply of those Goods and Services previously supplied on credit remain unaffected.

If the Customer fails to comply with any of these Credit Account Terms or the Services Agreement, including without limitation any obligation to pay money to BHF when due or the Customer is insolvent or otherwise unable to pay its debts when they fall due and payable, the balance of the Customer’s credit account to BHF will immediately become due and payable.
 

3. Payment Terms

If BHF extends credit to the Customer, then the Customer must pay BHF’s Fees for each supply of Goods and/or Services within 30 days of the date of BHF’s invoice.
 

4. Overdue Accounts

Any amount not paid by the due date will incur interest in accordance with the terms described in the Services Agreement. The Customer agrees to pay all costs and expenses (including legal costs, commissions paid by BHF or its Related Entities (as that term is defined in the Corporations Act 2001 (Cth)) to any commercial or mercantile agent and dishonour fees) incurred by BHF in connection with or arising from the recovery of overdue amounts. The Customer acknowledges and agrees that a default under these Credit Account Terms is deemed to be a material breach of the Services Agreement.
 

5. Governing Law

These Credit Account Terms are governed by the laws of Victoria, Australia.

Part C – Use of Personal Information

The Customer and each individual who signs this credit application form on behalf of the Customer (each an “Applicant”) authorises BHF to collect credit information about its personal, consumer and commercial credit worthiness from any bank or trade referees provided in this credit application form and from any other credit provider or credit reporting agency such as Veda Advantage Information Services and Solutions Limited, Dun and Bradstreet (Australia) Pty Ltd, Experian Australia Credit Services Pty Ltd (CRBs) for the purpose of assessing this credit application, in accordance with the Privacy Collection Statement and BHF’s Privacy Policy located on its website.

Each Applicant authorises BHF to use, disclose or exchange, to the extent permitted by law, with BHF’s related entities and other credit providers information about the Applicant’s credit worthiness in order to assess this credit application and monitor credit worthiness.

Where the Applicant is an individual, the Applicant acknowledges that:

(a) CRB’s may include the information in reports provided to BHF to assist us to assess your credit worthiness;

(b) if you fail to meet your payment obligations in relation to consumer credit or commit a serious credit infringement, BHF may be entitled to disclose this to the CRB;

(c) you can obtain a copy of BHF’s policy about the management of credit-related personal information from BHF and the relevant CRB's policy about the management of credit-related personal information is located on each CRB’s website by following the ‘privacy’ links or by contacting the CRB’s directly;

(d) you have a right to access your information from BHF, to request BHF to correct the information and to make a complaint to BHF;

(e) you have a right to request CRBs not to use your credit reporting information for the purposes of pre-screening of direct marketing by BHF; and

(f) you have a right to request the CRB not to use or disclose credit reporting information about you, if you believe on reasonable grounds that you have been, or are likely to be, a victim of fraud.

Part D – Customer Signature

Who must sign this Customer Credit Application on behalf of the Customer:

For Companies: Where there is only one director for the company then that person must sign; where there are two or more directors for the company then 2 Directors or a Director + Company Secretary must sign.

Sole Traders operating under their own name or under a business name: The individual.

Partnerships: All Partners of the Partnership (if there are not sufficient spaces for such signatures, then attach further signature pages copying those below).

Where this is not possible please contact BHF.

The Customer and each individual signing below, agree to be bound by the Credit Account Terms stated in Part C above, the Use of Personal Information in Part D, and the Services Agreement relating to the supply of goods and services by BHF, which has been separately provided to the Customer.