PO Box 2875, Nerang DC, QLD, 4211
Ph: 07 55274448
Fax: 07 55274880
APPLICATION FOR CREDIT & TERMS OF TRADING
This agreement is made between (i) _____________________________________________(customer)
And (ii) ING TOWING (SUPPLIER) on the day of ……………………………………………………………………………
Company Partnership/Sole Trader Trustee Company
Registered Name __________________________________________ ACN _______________________
Trading Name _____________________________________________ABN _______________________
Business Address _____________________________________________________________________
Postal Address _______________________________________________________________________
Telephone _____________________ Fax __________________ Email __________________________
Type of Business _____________________________________________________________________
Commencement date of Business _______________ Accounts Payable Contact ___________________
Yes I would like my Statements emailed to …………………………………………………………………………
Yes I would like my Invoices emailed to .…………………………………………………………………………….
Directors/ Proprietors Private Address Telephone
Have applicants been registered under any part of the Bankruptcy Act? Yes No
Affiliated or Parent Companies _________________________________ ACN _____________________
Estimated Month Purchases $ __________________
Trade References/Credit Providers
Name Telephone Fax
Terms:- 30 Days from the end of month in which goods or services are purchased and/or provided
The customer and signatories appearing below hereby acknowledge receipt of a copy of this agreement and upon
acceptance by the Supplier by way or written notice or the supply of goods or services AND HAVING READ the
terms of the agreement overleaf agrees to be bound accordingly. The customer further agrees to the obtaining and
use of credit information as stated in clauses overleaf or on page 2 of this document.
Signature of Director/Owner ________________________________________________________
Full Name ______________________________________ Director/Owner (please circle)
Terms and Conditions
Unless the Customer has otherwise agreed in writing with ING Towing (with reference to the Terms & Conditions), the Customer indicates acceptance of the Terms &
Conditions set out below upon the first use of credit provided issued by ING Towing to the Customer or by signing an application form for an account, whichever occurs
In these Terms & Conditions (unless the contract otherwise requires): "ING Towing" means Steven Kent and Kerry Kent trading as ING Towing.
Office of Fair Trading Business Number BN5111390 Australian Business Number (A.B.N.) 78 505 883 747
"Customer" means the person or company who has applied for, and is granted an account subject to these terms and conditions of use;
"Authorized User” means the Customer or any person authorized by the Customer to use this account;
"Credit Limit" means the maximum amount of credit, which ING Towing will extend to the Customer for purchases and services;
"Due Date" means the date by which the amount owing on the customer’s account should be paid;
“Percentage Rate” means the current average interest rate charged by banks for short term loans and calculated according to the balance total for the account;
2. The Account
a) The Customer agrees that he/she will use the account only in accordance to these Terms and Conditions and will guarantee the observance of these Terms and
Conditions by all its Authorized Users.
b) ING Towing may suspend or terminate the Customers account at any time with or without notice and with or without providing a reason for the suspension or
c) The Customer may terminate the account at any time by giving written notice to ING Towing.
d) All monies owing under this credit facility shall become immediately owing without demand and the supplier may suspend or terminate this facility without notice if:-
1) there is at any time a change in:-
a) .the Directorship or majority shareholding of the applicant if a company,
b) .the trustee of any trust or the terms of the trust if the applicant is a trustee
c) .the constitution of any firm or partnership which may be the applicant.
2) the applicant or any one of them:-
a). if a person commits an act of bankruptcy, assigns his estate for benefit of creditors, becomes insane or dies.
It is the Customer's responsibility to advise all their Authorized User of the agreed products and services, which may be purchased.
It is the Customers responsibility to advise ING Towing of a Purchase Order Number should the customer specify that one is required.
4. Accounting Controls, Security and Order Numbers
Should you require the use of order numbers, the customer will notify ING Towing should the customers order book is either stolen or missing giving ING Towing the series
of numbers of the orders missing or stolen.
Should you use an Authorized user, the customer will notify ING Towing should the customer change, add or delete an authorized user.
Any changes or reporting should be in the first instance made by contacting our office and in the second instance be made in writing and signed by one or all of the original
applicant of the credit application form.
If you have indicated “yes” to using order numbers, supply may not be granted with out a copy of order being received by ING Towing to the office by mail, email or fax or
directly to the owners of ING Towing or its Agents.
5. Account Enquires
a) All account queries relating to individual purchases, or General account enquires should be directed to the ING Towing between the hours of 8.30am and 4.00pm
EST. ING Towing shall not be required to consider any question or dispute on the Customer's account notified more than 30 days after the receipt by the Customer
of the relevant Statement or Invoice.
b) Subject to Clause 4, the Customer shall be responsible (and ING Towing accepts no liability) for any unauthorized use of the account. Until notified in writing.
Extra Statement Fee: The Customer shall pay a statement fee to ING Towing should extra statements be requested. This fee will include postage or electronic transmission
costs that ING Towing may incur.
Extra Invoice Fee: The Customer shall pay a invoice fee to ING Towing should extra invoices be requested. This fee will include postage or electronic transmission costs
that ING Towing may incur.
Taxes & Duties: ING Towing reserves the right to charge the Customer for any Government taxes or charges that are or may be imposed or charged in respect of the
supply of goods and/or services under this Agreement, and including, without limitation, any stamp duty, financial institution duty, any other similar charge or duty, and any
tax payable under the New Tax System (Goods and Services Tax) Act 1999.
7. Changing the Terms & Conditions of Use
a) ING Towing may vary these terms and conditions with exception to paragraph b) below.
b) ING Towing will give-the Customer at least seven (7) days written notice of any variation, before the change takes effect, if any variation or modification would;
1) Impose or increase charges relating solely to the operation of this account;
2) Changes of our banking details for those whom use direct debit facilities to pay the account;
3) Any changes in our operational status directly related to the credit provided by ING Towing;
c) Where ING Towing is required to give written notice to the Customer the notice will be duly served:
1) by sending such notice by post to the last-known address of the Customer, in which case the notice shall be deemed to have been served 7 days after it is so
sent by post to the Customer; or
2) by fax, in which case it shall be deemed to have been served upon receipt by ING Towing of an acknowledgment or transmission report generated by the
machine from which the fax was sent.
8. Statement and Payment of Account
a) ING Towing will issue a monthly Statement to the Customer showing amounts charged to and credited to the Customer's account for each invoice.
b) At weekly intervals or monthly ING Towing will issue invoices to the Customer showing amounts charged to and credited to the Customer's account and
showing the relevant details in respect of each transaction.
c) ING Towing will ordinarily obtain payment of the Customers account with the customer sending a cheque EFT Payment for the amount shown as the total on
the current statement for that month it has been issued. Should payment not be made for any reason, ING Towing may in its discretion, suspend, limit further
credit to customers account or close and terminate the credit facility and demand payment in full.
d) The Customer shall pay to ING Towing each amount entered in a Statement of account no later than the Due Date for that amount.
e) If the Customer fails to pay an amount on or before the Due Date, the Customer may be required to pay to ING Towing by the way of liquidated damages and
default charge calculated by application of the Daily Percentage Rate to the unpaid balance or the amount due from the relevant Due Date until the amount is
paid in full.
f) The Customer shall pay to ING Towing upon demand all costs and expenses including all legal costs incurred in the enforcement of any of ING Towing rights
including the recovery of all sums and liquidated damages payable under these terms.
g) A certificate signed by an officer of ING Towing stating that the Customer is liable to pay an amount to ING Towing shall be prima facie evidence that the
Customer is liable to pay that amount to ING Towing as at the date of the certificate.
9. Credit Limit
The amount outstanding in the Customer's account including current month purchases must not exceed the Credit Limit. If the Customer fails to comply with this
Condition, then any amount charged to the Account that is in excess of the Credit Limit may be immediately payable by the Customer to ING Towing upon demand. ING
Towing may at its discretion withdraw credit or refuse to supply product or services to the Customer if Customer exceeds its credit limit.
10. Customer Liability to ING Towing
The Customer is liable to ING Towing for credit extended by ING Towing on the Customers account. The Customer shall be obliged to pay to ING Towing:
a) All amounts charged by an Authorized User to the Account for transactions recorded as an invoice or where a con-note has been used and signed.
b) All other fees costs and expenses debited to the Account by ING Towing under these Terms and Conditions.
11. Exclusion of Certain Liabilities
Where the Authorized User has been unable to complete a transaction for whatever reason, including the refusal by ING Towing to allow purchases to be made by using
the credit facility by ING Towing, ING Towing shall not be liable for any losses or costs incurred by the Customer.
12. Governing Law
These conditions shall be governed by and construed in accordance with the laws of the State of Queensland.
13. Change of Details
The Customer shall notify ING Towing of any change in the Customer's name, registered office or address immediately upon a change being effected.
14. Supply Agreement
These conditions of use are to be read in conjunction with the terms and conditions of any supply agreement between ING Towing and the Customer.
15. The Credit Application
By signing this credit application does not guarantee that the Customer will receive a credit account with ING Towing. ING Towing will notify the Customer in writing either by
mail or fax that the account has been approved or denied.
16. We are not Common Carriers
It will be also considered that you know understand the meaning of “we are not common carriers”. Our conditions are available on the reverse side of our con-notes. In the
event that nobody is at either location to sign the con-note, this document will prevail as a standing order to the signing of our con-note/s.