Credit Application Form

1. TERMS
(a) Net cash (30) days from date of statement or Cash payment prior to delivery.
(b) Payment is required from new customers prior to delivery for a period of 3 months, a minimum of 3 purchase orders must be received within the period.
(c) Failure to comply with terms of payment will constitute a breach of contract and NIRGUN PTY LTD may treat the whole contract repudiated and act accordingly.
(d) NIRGUN PTY LTD may refuse, without prejudice to any other rights it may have, to supply or deliver further products to the customer until such time as the customer has remedied any default of these Terms.

2. NON-PAYMENT
(e) Further action may be taken to secure payment of overdue accounts and any costs incurred in the recovery of overdue accounts, including commission, legal fees and any other incidentals incurred in debt collection, will be added to the balance due and become immediately due and payable.
(f) Interest may be charged on any amount overdue at the rate charged from time to time by NIRGUN PTY LTD's bankers at its base lending rate on overdrafts for such amount.

3. PRICE
(g) All prices quoted are ex warehouse — delivery, packaging, freight, insurance etc. are extra.
(h) All prices quoted are current at the date of quotation but are subject to change without notice.
(i) All prices quoted are subject to sales tax to be paid by the customer unless appropriate certification is supplied to NIRGUN PTY LTD by the customer prior to invoicing of goods.

4. DELIVERY
(j) Any times or dates quoted for dispatch or delivery are based on receipt by us of full and final instructions enabling us to proceed uninterruptedly with the work. NIRGUN PTY LTD cannot accept responsibility for any delays due to causes outside its control.
(k) No responsibility for loss, damage or delay from any cause outside the company's control is accepted by NIRGUN PTY LTD.
(l) All goods are at the customer's risk during transit and NIRGUN PTY LTD's liability for the goods ceases on delivery to any authorised third-party carriers, agents or representatives of the customer.
(m) Visible damage to goods must be reported to NIRGUN PTY LTD within thirty-six (36) hours of receipt of the goods.

5. RETURN OF GOODS
Credits may be allowed at NIRGUN PTY LTD's discretion only upon the following conditions:
(n) Credit will not be considered unless goods are returned in good condition and freight prepaid, and the original invoice number and date must be quoted.
(o) A full credit may be available only if the goods are returned to NIRGUN PTY LTD's store within thirty (30) days of the date of supply.
(p) NIRGUN PTY LTD reserves the right to deduct a re-stocking fee from any credit.

6. TITLE TO GOODS
As long as the customer owes NIRGUN PTY LTD any part of the price of goods supplied at any time, the company shall retain the legal title in all goods supplied and not yet used or resold.

7. ACCEPTANCE
Accepting delivery of goods detailed in this invoice is acceptance by the customer of the above terms and conditions of sale and those contained in the customer's credit application.

8. LAWS
All contracts made hereunder are deemed to be made in Victoria and shall be governed in all respects by the laws of the State of Victoria.

9. PERSONAL GUARANTEE
(y) I/We acknowledge that we are personally responsible for the payment of all charges incurred by the customer and that I/We are signing a Personal Guarantee.
(z) This guarantee is a continuing guarantee and shall not be discharged in any way by any arrangement made by the company/partnership or by the company's or partnership's insolvency.
IMPORTANT: By signing below you are signing a personal guarantee under which you may become personally liable to pay all monies owed by your company or partnership.
I/We agree to comply with NIRGUN PTY LTD "Terms and Conditions of Sale".