Telephone: 07 5450 1565

1. Recitals

 

1.1 In consideration of Betta Blinds anticipating, providing or continuing to provide to the Client credit and the manufacture, production and sale of blinds and window furnishings, the Client agrees as follows:


1.1 The Client must inform Betta Blinds in writing within seven (7) days of any change to its business or corporate structure;


1.2 The Client and its guarantor/s declare all information supplied on this agreement is true and correct in every particular and that the Client is aware that credit is given to the Client on reliance upon the information supplied and the representations made by the Client in granting this credit facility;


1.3 All future supplies by Betta Blinds to the Client are and will be made on the terms of this agreement. If credit is refused or withdrawn then payment shall be made in accordance with Betta Blind’s standard requirements for payment set out in its invoices.

 

2. Scope and Guarantee of Works

 

2.1 Betta Blinds guarantees the workmanship of all of its blinds and window furnishings for one (1) year from the date of delivery of its blinds and window furnishings to the Client.

 

3. Information and Confidentiality (“Privacy Act”)

 

3.1 The Client acknowledges the information provide to Betta Blinds in this agreement has been given to Betta Blinds for the purposes of it assessing the financial standing and credit worthiness of the Client and its guarantor/s and the Client and its guarantor/s hereby:-


3.1.1 authorise Betta Blinds to make enquiries and obtain any information from bankers and business referees mentioned in this agreement or from anybody else Betta Blind may reasonably consider necessary;

 

3.1.2 acknowledge that Betta Blinds has informed the Client and its guarantors that in accordance with section 18E (8)(c) of the Privacy Act that certain items of personal information about the guarantor/s contained in this agreement are permitted to be kept on a credit information file and might be disclosed to credit reporting agencies;

 

3.1.3 that in accordance with sections 18H and/or 18K and/or 18L(4) of the Privacy Act the Client and the guarantor/s agree to reports given by Betta Blinds for the purpose of the assessment of this agreement and to establish the credit worthiness of the Client/guarantor/s;


3.1.4 authorises Betta Blinds to exercise the Client’s/guarantor/s rights of access to
credit information of the Client and the guarantors.


3.2 The Client agrees that Betta Blinds may give to and seek from any credit providers whether or not named in this agreement any reports or information that have any bearing on the Client/guarantor/s credit worthiness, credit standing, or credit capacity or any:


3.2.1 assessment of any credit application made by the Client;


3.2.2 default made by the client or guarantor/s in this agreement;


3.2.3 exchange of information between credit providers as to the status of its account with Betta Blinds when the Client is in default of this agreement with Betta Blinds;


3.2.4 assess the Client’s credit worthiness at any time; and


3.2.5 assessment of the Client’s director/s personal credit history containing personal information in respect to confirming this agreement.

 

4. Payment of Betta Blind’s Account

 

4.1 Unless otherwise agreed in writing, payment for all goods to be made on or before Betta Blinds’ last trading day in the calendar month following the calendar month in which the goods are delivered or made available for collection, whichever is the earlier.

 

4.2 If labour has been expended or materials purchased, where the order has not been completed within the same calendar month, Betta Blinds reserves the right to progress claim in the same calendar month all purchases and labour costs.

 

4.3 All GST, financial institutions duty, stamp duty and other government charges in particular those relating to the establishment and operation of the Client’s account will be automatically debited to the account.

 

4.4 If an account is issued then the Client is responsible for payment of all goods supplied against any use of that account notwithstanding that such use was unauthorised.

 

5. Quoted Fees

 

5.1 All quotations as to price given by Betta Blinds are subject to withdrawal or variation by Betta Blinds at any time prior to actual receipt by Betta Blinds of the Client’s written order and, unless otherwise specified in the quote, will be valid for 30 days only.

 

5.2 Agreements for the supply of Betta Blinds’s goods based upon a quotation will be subject to final written confirmation from Betta Blinds to the Client after receipt by Betta Blinds of the Client’s order. Supply of the goods by Betta Blinds will be deemed to be such written confirmation.

 

6. Price

 

6.1 Betta Blinds and the Client agree that all internal costs associated with working on the Client’s file are to be borne by Betta Blinds and are inclusive with the quoted fee amount.

 

6.2 From time to time external costs may arise; Betta Blinds will bring these to the Client’s attention prior to making any commitment on the Client’s behalf.

 

7. Delivery

 

7.1 Where goods are delivered to a particular site the goods will be entirely at the Client’s risk when delivered and if the site is unattended a delivery docket signed by the driver of the transporter will be conclusive evidence of the due delivery of the goods. Betta Blinds will not be liable for any damages or losses whatsoever to goods which are left at unattended sites or locations.

 

7.2 Betta Blinds will not be liable for any losses or damages to goods which occur in transit where the carrier is independent of Betta Blinds.

 

7.3 Betta Blinds will not be responsible for any losses or damages caused to the Client’s property or the property of any third party as a result of the entry upon any property at the request of the Client by any of Betta Blinds’s employees, servants or agents. The Client will indemnify Betta Blinds from any claim resulting form such loss or damage from a third party.

 

7.4 Betta Blinds will use reasonable endeavours to supply the goods ordered within the time frame specified or within a reasonable period. However, Betta Blinds will not be liable for any failure to deliver or for delay in delivery of products occasioned by any cause whatsoever whether or not beyond the control of Betta Blinds.

 

8. Default

 

8.1 If there is a breach of any of the terms and conditions of this Agreement then:

 

8.1.1 All monies payable by the Client to Betta Blinds will at Betta Blinds’s election become immediately due and payable notwithstanding that the specified period for payment may not yet have expired;

 

8.1.2 Any credit facilities may be withdrawn by Betta Blinds;

 

8.1.3 Betta Blinds may withhold the delivery of goods or service already ordered;

 

8.1.4 Betta Blinds may charge interest on the overdue amount at a rates of 15% flat fee rate calculated on the amount overdue until payment in full; and

 

8.1.5 Betta Blinds may charge to the Client all monies, costs, charges and expenses (including legal costs on an indemnity basis) of any attempt made by or on behalf of Betta Blinds to recover payment of any monies owing by the Client to Betta Blinds or to secure any indebtedness or liability by the Client to Betta Blinds notwithstanding that no demand has been made by Betta Blinds for payment by the Client.

 

9. Disclaimer

 

9.1 Except as provided in this Agreement:

 

9.1.1 All express and implied warranties, guarantees and conditions under statute or general law as to merchantability, description, quality, suitability or fitness of the goods for any purpose are hereby expressly excluded; and

 

9.1.2 Betta Blinds will not be liable for any loss, damage or injury of any kind to the Client or any other person or company arising from or in connection with the supply by Betta Blinds of goods to the Client or the exercise of any of Betta Blinds’ powers in this Agreement, any guarantee or security or any credit agreement including, but without limiting the generality of the foregoing, direct, indirectly and consequential losses and losses arising from loss of production or profit and the Client agrees to indemnify the Client for any such loss to a third person.

 

10. Claims

 

10.1 The Client has ten (10) days from the date of delivery of the goods within which to provide to Betta Blinds written notice of any alleged claim for failure to comply with the order, whether due to shortfall, defect, incorrect delivery or otherwise. Should the Client fail to provide such notice within the stipulated time period Betta Blinds will be deemed to have complied with the Client’s order in all respects including delivery, quantity and quality.

 

10.2 If a successful claim is brought against Betta Blinds arising directly or indirectly in respect of goods, the liability of Betta Blinds will be limited, except where any statute requires otherwise, to the replacement or repair of the goods during normal working hours and by its own employees or authorised representatives or the supply of equivalent goods and/or the payment of the costs of replacing the goods or of acquiring equivalent goods. Betta Blinds will not be liable to pay for any services or repairs carried out by others.

 

10.3 Betta Blinds may declare any warranty void if the installation of its goods is not in accordance with the manufacturer’s recommendations.

 

10.4 The Client must not replace or indicate replacement of potential warranty claims until such claim has been approved by Betta Blinds.

 

10.5 If the warranty claim is rejected by Betta Blinds the goods will only be returned at the Client’s request and the Client will be liable for any additional freight cost.

 

10.6 Any goods unclaimed for a period of six (6) months will be subject to disposal by Betta Blinds at its discretion.

 

11. Entire Agreement

 

11.1 This agreement constitutes the entire agreement of the parties relating to this agreement and supersedes all prior undertakings, negotiations, agreement written or oral, express or implied in relation thereto.

 

12. Credit

 

12.1 Any credit limitation is solely for the benefit of Betta Blinds and any obligation is not changed if the limit is exceeded.

 

12.2 Betta Blinds may withdraw or refuse credit at any time without notice.

 

13 Schedules

 

13.1 Should the schedules 1 and 2 to this Application by the relevant and respective parties not be completed in its entirety, Betta Blinds reserves the right to process this application.

 

14. Laws to Govern

 

Unless varied by notice by Betta Blinds that this application and agreement and all matters arising from the relationship of Betta Blinds and the Client will be interpreted and governed in accordance with the laws of the State of Queensland notwithstanding that the blinds and window furnishings may be delivered outside the state of Queensland. The Client submits to the exclusive jurisdiction of the Courts of Central Business District of Brisbane or such other capital city in any other state that Betta Blinds may from time to time notify the Customer in writing of.

 

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1. Recitals


1.1 In consideration of Betta Blinds anticipating, providing or continuing to provide to the Client credit and the manufacture, production and sale of blinds and window furnishings, the Client agrees as follows:


1.1 The Client must inform Betta Blinds in writing within seven (7) days of any change to its business or corporate structure;


1.2 The Client and its guarantor/s declare all information supplied on this agreement is true and correct in every particular and that the Client is aware that credit is given to the Client on reliance upon the information supplied and the representations made by the Client in granting this credit facility;


1.3 All future supplies by Betta Blinds to the Client are and will be made on the terms of this agreement. If credit is refused or withdrawn then payment shall
be made in accordance with Betta Blind’s standard requirements for payment set out in its invoices.

 


2. Scope and Guarantee of Works


2.1 Betta Blinds guarantees the workmanship of all of its blinds and window furnishings for one (1) year from the date of delivery of its blinds and window furnishings to the Client.

 


3. Information and Confidentiality (“Privacy Act”)


3.1 The Client acknowledges the information provide to Betta Blinds in this agreement has been given to Betta Blinds for the purposes of it assessing the financial standing and credit worthiness of the Client and its guarantor/s and the Client and its guarantor/s hereby:-


3.1.1 authorise Betta Blinds to make enquiries and obtain any information from bankers and business referees mentioned in this agreement or from anybody else Betta Blind may reasonably consider necessary;

 

3.1.2 acknowledge that Betta Blinds has informed the Client and its guarantors that in accordance with section 18E (8)(c) of the Privacy Act that certain items of personal information about the guarantor/s contained in this agreement are permitted to be kept on a credit information file and might be disclosed to credit reporting agencies;

 

3.1.3 that in accordance with sections 18H and/or 18K and/or 18L(4) of the Privacy Act the Client and the guarantor/s agree to reports given by Betta Blinds for the purpose of the assessment of this agreement and to establish the credit worthiness of the Client/guarantor/s;


3.1.4 authorises Betta Blinds to exercise the Client’s/guarantor/s rights of access to
credit information of the Client and the guarantors.


3.2 The Client agrees that Betta Blinds may give to and seek from any credit providers whether or not named in this agreement any reports or information that have any bearing on the Client/guarantor/s credit worthiness, credit standing, or credit capacity or any:


3.2.1 assessment of any credit application made by the Client;


3.2.2 default made by the client or guarantor/s in this agreement;


3.2.3 exchange of information between credit providers as to the status of its account with Betta Blinds when the Client is in default of this agreement with Betta Blinds;


3.2.4 assess the Client’s credit worthiness at any time; and


3.2.5 assessment of the Client’s director/s personal credit history containing personal information in respect to confirming this agreement.

 


4. Payment of Betta Blind’s Account

 

4.1 Unless otherwise agreed in writing, payment for all goods to be made on or before Betta Blinds’ last trading day in the calendar month following the calendar month in which the goods are delivered or made available for collection, whichever is the earlier.

 

4.2 If labour has been expended or materials purchased, where the order has not been completed within the same calendar month, Betta Blinds reserves the right to progress claim in the same calendar month all purchases and labour costs.

 

4.3 All GST, financial institutions duty, stamp duty and other government charges in particular those relating to the establishment and operation of the Client’s account will be automatically debited to the account.

 

4.4 If an account is issued then the Client is responsible for payment of all goods supplied against any use of that account notwithstanding that such use was unauthorised.

 

 

5. Quoted Fees

 

5.1 All quotations as to price given by Betta Blinds are subject to withdrawal or variation by Betta Blinds at any time prior to actual receipt by Betta Blinds of the Client’s written order and, unless otherwise specified in the quote, will be valid for 30 days only.

 

5.2 Agreements for the supply of Betta Blinds’s goods based upon a quotation will be subject to final written confirmation from Betta Blinds to the Client after receipt by Betta Blinds of the Client’s order. Supply of the goods by Betta Blinds will be deemed to be such written confirmation.

 

 

6. Price

 

6.1 Betta Blinds and the Client agree that all internal costs associated with working on the Client’s file are to be borne by Betta Blinds and are inclusive with the quoted fee amount.

 

6.2 From time to time external costs may arise; Betta Blinds will bring these to the Client’s attention prior to making any commitment on the Client’s behalf.

 


7. Delivery


7.1 Where goods are delivered to a particular site the goods will be entirely at the Client’s risk when delivered and if the site is unattended a delivery docket signed by the driver of the transporter will be conclusive evidence of the due delivery of the goods. Betta Blinds will not be liable for any damages or losses whatsoever to goods which are left at unattended sites or locations.

 

7.2 Betta Blinds will not be liable for any losses or damages to goods which occur in transit where the carrier is independent of Betta Blinds.

 

7.3 Betta Blinds will not be responsible for any losses or damages caused to the Client’s property or the property of any third party as a result of the entry upon any property at the request of the Client by any of Betta Blinds’s employees, servants or agents. The Client will indemnify Betta Blinds from any claim resulting form such loss or damage from a third party.

 

7.4 Betta Blinds will use reasonable endeavours to supply the goods ordered within the time frame specified or within a reasonable period. However, Betta Blinds will not be liable for any failure to deliver or for delay in delivery of products occasioned by any cause whatsoever whether or not beyond the control of Betta Blinds.

 

 

8. Default

 

8.1 If there is a breach of any of the terms and conditions of this Agreement then:

 

8.1.1 All monies payable by the Client to Betta Blinds will at Betta Blinds’s election become immediately due and payable notwithstanding that the specified period for payment may not yet have expired;

 

8.1.2 Any credit facilities may be withdrawn by Betta Blinds;

 

8.1.3 Betta Blinds may withhold the delivery of goods or service already ordered;

 

8.1.4 Betta Blinds may charge interest on the overdue amount at a rates of 15% flat fee rate calculated on the amount overdue until payment in full; and

 

8.1.5 Betta Blinds may charge to the Client all monies, costs, charges and expenses (including legal costs on an indemnity basis) of any attempt made by or on behalf of Betta Blinds to recover payment of any monies owing by the Client to Betta Blinds or to secure any indebtedness or liability by the Client to Betta Blinds notwithstanding that no demand has been made by Betta Blinds for payment by the Client.

 

 

9. Disclaimer

 

9.1 Except as provided in this Agreement:

 

9.1.1 All express and implied warranties, guarantees and conditions under statute or general law as to merchantability, description, quality, suitability or fitness of the goods for any purpose are hereby expressly excluded; and

 

9.1.2 Betta Blinds will not be liable for any loss, damage or injury of any kind to the Client or any other person or company arising from or in connection with the supply by Betta Blinds of goods to the Client or the exercise of any of Betta Blinds’ powers in this Agreement, any guarantee or security or any credit agreement including, but without limiting the generality of the foregoing, direct, indirectly and consequential losses and losses arising from loss of production or profit and the Client agrees to indemnify the Client for any such loss to a third person.

 

 

10. Claims

 

10.1 The Client has ten (10) days from the date of delivery of the goods within which to provide to Betta Blinds written notice of any alleged claim for failure to comply with the order, whether due to shortfall, defect, incorrect delivery or otherwise. Should the Client fail to provide such notice within the stipulated time period Betta Blinds will be deemed to have complied with the Client’s order in all respects including delivery, quantity and quality.

 

10.2 If a successful claim is brought against Betta Blinds arising directly or indirectly in respect of goods, the liability of Betta Blinds will be limited, except where any statute requires otherwise, to the replacement or repair of the goods during normal working hours and by its own employees or authorised representatives or the supply of equivalent goods and/or the payment of the costs of replacing the goods or of acquiring equivalent goods. Betta Blinds will not be liable to pay for any services or repairs carried out by others.

 

10.3 Betta Blinds may declare any warranty void if the installation of its goods is not in accordance with the manufacturer’s recommendations.

 

10.4 The Client must not replace or indicate replacement of potential warranty claims until such claim has been approved by Betta Blinds.

 

10.5 If the warranty claim is rejected by Betta Blinds the goods will only be returned at the Client’s request and the Client will be liable for any additional freight cost.

 

10.6 Any goods unclaimed for a period of six (6) months will be subject to disposal by Betta Blinds at its discretion.

 

 

11. Entire Agreement

 

11.1 This agreement constitutes the entire agreement of the parties relating to this agreement and supersedes all prior undertakings, negotiations, agreement written or oral, express or implied in relation thereto.

 

 

12. Credit

 

12.1 Any credit limitation is solely for the benefit of Betta Blinds and any obligation is not changed if the limit is exceeded.

 

12.2 Betta Blinds may withdraw or refuse credit at any time without notice.

 

 

13 Schedules

 

13.1 Should the schedules 1 and 2 to this Application by the relevant and respective parties not be completed in its entirety, Betta Blinds reserves the right to process this application.

 

 

14. Laws to Govern

 

Unless varied by notice by Betta Blinds that this application and agreement and all matters arising from the relationship of Betta Blinds and the Client will be interpreted and governed in accordance with the laws of the State of Queensland notwithstanding that the blinds and window furnishings may be delivered outside the state of Queensland. The Client submits to the exclusive jurisdiction of the Courts of Central Business District of Brisbane or such other capital city in any other state that Betta Blinds may from time to time notify the Customer in writing of.

 

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