Credit Account Application

JIMELE FOOD PROVEDORE
B & D SELECTED FINE FOODS
PE FOODS
Business Information
Individual/ Sole Trader
Partnership
Company
Trust
Contact Information

Accounts Contact

Purchasing Contact

Same as Accounts Contact

Billing Address

Delivery Address

Same as Billing Address

Details of Owner

Contact 1

Home address

Contact 2

Home address

Account Type

* Credit Account
* Payment on Delivery Account

Payment Preferences

Please select your preferred payment option
Credit Card
EFT
Cheque
Cash

Terms and Conditions

OR
* I certify that the provided information is true and correct and that I am authorised to make this application for credit.
* I authorise the use of my personal information as detailed in the Privacy Act clause below.
* I have read and understand the below TERMS AND CONDITIONS OF TRADE of JIMELE FOOD PROVEDORE which form part of and are intended to be read in conjunction with this Credit Account Application and agree to be bound by these conditions. I agree that if I am a director or a shareholder (owning at least 15% of the shares) of the Customer I shall be personally liable for the performance of the Customer’s obligations under this contract.

WARNING: this is an important document

You should see your own lawyer or advisor before signing it

Personal/ Directors Guarantee & Indemnity

I/WE (also referred to as the “Guarantor/s”) UNCONDITIONALLY AND IRREVOCABLY:

  • GUARANTEE the due and punctual payment to Jimele Distribution Pty Ltd of all moneys which are now owing to Jimele Distribution Pty Ltd by the Customer and all further sums of money from time to time owing to Jimele Distribution Pty Ltd by the Customer in respect of goods and services supplied or to be supplied by Jimele Distribution Pty Ltd to the Customer or any other liability of the Customer to Jimele Distribution Pty Ltd, and the due observance and performance by the Customer of all its obligations contained or implied in any contract with Jimele Distribution Pty Ltd. If for any reason the Customer does not pay any amount owing to Jimele Distribution Pty Ltd the Guarantor will immediately on demand pay the relevant amount to Jimele Distribution Pty Ltd.
  • HOLD HARMLESS AND INDEMNIFY Jimele Distribution Pty Ltd on demand as a separate obligation against any liability (including but not limited to damages costs losses and legal fees (as defined hereunder in paragraph (b) hereof)) incurred by or assessed against Jimele Distribution Pty Ltd in connection with:
    (a) the supply of goods and/or services to the Customer; or
    (b) the recovery of moneys owing to Jimele Distribution Pty Ltd by the Customer including the enforcement of this Guarantee and Indemnity, and including but not limited to Jimele Distribution’s Pty Ltd nominees costs of collection and legal costs calculated on a solicitor and own client basis; or
    (c) moneys paid by Jimele Distribution Pty Ltd with the Customer’s consent in settlement of a dispute that arises or results from a dispute between, Jimele Distribution, the Customer, and a third party or any combination thereof, over the supply of goods and/or services by Jimele Distribution Pty Ltd to the Customer.
  • I/WE FURTHER ACKNOWLEDGE AND AGREE THAT
  • This Guarantee and Indemnity shall constitute an unconditional and continuing Guarantee and Indemnity and accordingly shall be irrevocable and remain in full force and effect until the whole of moneys owing to Jimele Distribution Pty Ltd by the Customer and all obligations herein have been fully paid satisfied and performed.
  • No granting of credit, extension of further credit, or granting of time and no waiver, indulgence or neglect to sue on Jimele Distribution’s Pty Ltd part (whether in respect of the Customer or any one or more of any other Guarantor(s) or otherwise) and no failure by any named Guarantor to properly execute this Guarantee and Indemnity shall impair or limit the liability under this Guarantee and Indemnity of any Guarantor. Without affecting the Customer’s obligations to Jimele Distribution Pty Ltd, each Guarantor shall be a principal debtor and liable to Jimele Distribution Pty Ltd accordingly.
  • If any payment received or recovered by Jimele Distribution Pty Ltd is avoided by law such payment shall be deemed not to have discharged the liability of the Guarantor, and the Guarantor and Jimele Distribution Pty Ltd hall each be restored to the position in which they would have been had no such payment been made.
  • This Guarantee and Indemnity shall bind each of the signatories notwithstanding that one or more of the persons named as a “Guarantor” may never execute this Guarantee and Indemnity.
  • The term “Guarantor” whenever used in this Guarantee and Indemnity shall, if there is more than one person named as Guarantor, mean and refer to each of them individually and all of them together unless the context otherwise requires, and the obligations and agreements on the part of the Guarantor contained in this Guarantee and Indemnity shall bind them jointly and severally.
  • I/We have been advised to obtain independent legal advice before executing this Guarantee and Indemnity. I/we understand that I/we am/are liable for all amounts owing (both now and in the future) by the Customer to Jimele Distribution Pty Ltd.
  • I/we irrevocably authorise Jimele Distribution Pty Ltd to obtain from any person or company any information which Jimele Distribution Pty Ltd may require for credit reference purposes. I/We further irrevocably authorise Jimele Distribution Pty Ltd to provide to any third party, in response to credit references and enquiries about me/us or by way of information exchange with credit reference agencies, details of this Guarantee and Indemnity and any subsequent dealings that I/we may have with Jimele Distribution Pty Ltd as a result of this Guarantee and Indemnity being actioned by Jimele Distribution Pty Ltd.
  • The above information is to be used by Jimele Distribution Pty Ltd for all purposes in connection with Jimele Distribution Pty Ltd considering this Guarantee and Indemnity and the subsequent enforcement of the same.
Note:
1. If the Customer is a sole trader or partnership, the Guarantor(s) should be some other suitable person(s).
2. If the Customer is a club or incorporated society the Guarantor(s) should be the president and secretary or other committee member.