The customer named below hereby applies to Rakiura Shipping Limited (“Rakiura”) for a credit account on the following terms and conditions:
1. That all sales of goods and services from Rakiura to the customer are made in accordance with the attached Terms and Conditions of Trade, which may be changed from time to time.
2. That Rakiura may at any time and without giving any reason, refuse to extend any credit to the customer.
3. Rakiura is authorised to access any confidential information held by any credit reporting agency, lending institution or other body, in relation to me/us or the customer, for the purpose of assessing suitability for provision of credit.
4. That the information provided by the customer to Rakiura, including the information stated below, is complete and correct and that the customer shall immediately notify Rakiura of any change in any of the details provided to Rakiura by the customer in this application.
5. This credit application will not be valid unless accepted and signed by Rakiura.
In consideration of credit being extended to the above company or firm at the request of undersigned, the undersigned (severally and jointly) guarantee the repayment of all credit extended to the above company of firm and all costs of and incidental to recovery thereof.
The undersigned hereby acknowledge(s) that:
1. As between Rakiura and the undersigned, the undersigned shall for all purposes be treated as the debtor and Rakiura shall be under no obligation to take proceedings against the company or firm before taking proceedings against the undersigned.
2. The undersigned shall not be released from liability by the granting of time or indulgence of any act or matter which would release a mere surety. Neither shall any winding up or appointment of receiver or other financial default be the company absolve the personal liability hereunder.
3. The particulars set out herein are true and the undersigned declares that I/we have never committed any act of bankruptcy nor suffered any warrant to be levied against me/us and I/we further declare that I/we am/are not an undischarged bankrupt, the spouse of an undischarged bankrupt, or have “traded” in a business which now has an undischarged bankrupt classification, or been placed in receivership or liquidation.
1.1 Unless otherwise stated, payment for purchase of products, services and supplies is cash on delivery. A Client Account Application form must be completed upon request of goods and services. Customers with credit must have the account paid in full by the 20th of the month following supply (“the due date”).
If payment is not made by the due date, Rakiura is entitled to charge interest from the due date on the unpaid balance at the rate of 15% per annum, compounding monthly on the unpaid balance owing on the first day of each month until payment in full is received by Rakiura.
Rakiura may at its option charge you costs (including collection costs and legal costs on a solicitor-client basis) and suspend delivery of further products or performance of further services until the account is paid. Rakiura may withdraw the supply of goods and services until payments of the overdue account has been paid in full.
2.1 While all due care will be taken, Rakiura does not accept liability for any consequential loss or damage resulting from the provision of goods or services. 2.2 Any liability to which Rakiura might otherwise become subject shall, in aggregate, be limited to the cost of replacing the goods.