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Terms and Conditions

In the event that this Application for Trading A/C is approved I hereby agree with Phoenix9 Pty Ltd to abide by all the following terms and conditions:

  1. to pay for all goods sold and delivered or services provided in accordance with the terms of the invoice (payment) or within such other period or time as may be notified to me from time to time by Phoenix9 Pty Ltd:

  2. In the event that any sequestration order is made affecting my property or I give any authority to a trustee under Section 88 of the Bankruptcy Act, or I commit any act of bankruptcy or any petition for my winding up, or I am placed in receivership or any official manager is appointed, or I cease to trade or carry on my business in the usual manner, any amount then due by me to you shall become Immediately payable or the goods returned if so desired by Phoenix9 Pty Ltd:

  3. that I have been supplied with a copy of the conditions of sale current at the date hereof;

  4. that all sales of goods are made and services are provided to me by Phoenix9 Pty Ltd only upon the terms contained in Phoenix9 Pty Ltd condition of sale. Until altered conditions of sale are notified to me I agree that the current conditions of sale shall continue to apply;

  5. That a certificate signed by the manager, accountant, secretary, credit manager or credit office for the time begun of Phoenix9 Pty Ltd in respect of any sale or delivery or price of any goods or the provision or price of any services by Phoenix9 Pty Ltd or the amount due owing or payable from time to time to Phoenix9 Pty Ltd in respect of the sale of goods, the provision of services or on any account whatsoever as at the date or dates set out in such certificate shall in-all courts and at all times be prima facie evidence of the facts therein stated;

  6. that I will pay to Phoenix9 Pty Ltd interest in respect of any amounts as may from time to time be overdue calculated at the rate of interest applicable to bank overdrafts and indemnify Phoenix9 Pty Ltd in respect of any taxes or stamp duties which may become payable by reason of or subsequent to any default in making payment in accordance with the terms of payment applicable from time to time.

  7. that I will indemnify Phoenix9 Pty Ltd against and agree to reimburse it for any expenses it may incur in recovering or attempting to recover payment from me of the amounts which may from time to time be overdue. These costs include legal court, solicitors, debt collections agency commissions and fees. I agree for the purpose of recovery proceedings commenced by Phoenix9 Pty Ltd that the jurisdiction shall be the appropriate court in Queensland;

  8. that Phoenix9 Pty Ltd may at any time and from time to time alter its conditions of sale or the terms of payment and such altered conditions or terms shall apply in respect of all transactions taking place after notification to me of such altered conditions of sale or terms of payment;

  9. that Phoenix9 Pty Ltd may at any time or from time to time without assigning any reason therefore refuse to extend any further credit to me and that is approval of this application does not require Phoenix9 Pty Ltd to extend to me any particular amount of credit.

  10. that where there is more than one customer each customer shall be jointly and severally liable hereunder and in this application and all terms hereof the singular shall be read and construed as including the plural;

  11. a. ownership of the goods contained in each delivery ("the goods") shall remain with Phoenix9 Pty Ltd which reserves the right to dispose of the goods until payment has been received in full or until such time as I sell the goods to my customers by way of bona fide sale at full market value;

b. until payment in full for the goods has been received by Phoenix9 Pty Ltd I shall hold the goods as bailee for the seller, provided however that I may, in the ordinary course of my business, use any of the goods to make up other products or sell any of the goods to make up other products or sell any of the goods on condition that should Phoenix9 Pty Ltd so require I will assign to Phoenix9 Pty Ltd my rights in respect of the sale price thereof;

c. I hereby acknowledge that until payment in full for the goods has been received by Phoenix9 Pty Ltd I am under an obligation to Phoenix9 Pty Ltd to account to the seller for the proceeds of the sale of the goods sold by me in the normal course of my business.

d. If any of the goods are on-sold I agree to place the proceeds of sale for the goods into a bank account conducted in my name and acknowledge that I will not withdraw any of those moneys until payment in full for the goods has been received by Phoenix9 Pty Ltd;

e. I agree forthwith to insure the goods for their full insurable value against loss or damage by fire, theft, accident and other such risk:

f. acceptance of any returned goods shall be at the absolute discretion of Phoenix9 Pty Ltd and be subject to returned goods policy in force at the time of return and restocking/handling charges applicable.

g. I agree and accept Phoenix9 Pty Ltd terms of warranty and acknowledge that warranty is void unless Phoenix9 Pty Ltd is paid in full all outstanding monies

  1. that notwithstanding any change in my trading structure I will remain personally liable for all goods and services requested by me or my agents and Phoenix9 Pty Ltd shall be entitled to invoice me directly for all charges associated with the supply of good and/or services and recovery costs from time to time and until I inform Phoenix9 Pty Ltd of my intentions to cease having an account and finalising all amounts due to Phoenix9 Pty Ltd.


By signing this document, you acknowledge that you have read, understood and accept the above “terms and conditions”

and that all the information given on the first page of this “Application for a Trading Account” is true and correct.

 Signed…………………………………Position :……………………………..Date………………..

Signed…………………………………Position :……………………………..Date………………..


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