The following terms and conditions apply to this Credit Application. By signing this Credit Application, you agree to be bound by such terms and conditions upon you being advised by the Supplier of your successful application.

In this Credit Application, unless otherwise specified:

• “Agreement” means this Credit Application, read together with any Deed of Guarantee and Indemnity and/or other document annexed to or incidental to this Credit Application.
• “Applicant” means the party applying for credit under this Credit Application and noted as such in sections 1 and 2.
• “Charged Securities” means all of the Applicant’s real and personal property, whether owned solely or jointly, at present or at future time, together with any proceeds of the same.
• “Default Event” means the non-payment of any amount(s) owed by the Applicant under this Agreement and/or the non-fulfilment of or breach of the Applicant’s other obligations under this Agreement.
• “Guarantor” means the person or persons named in the Guarantee and Indemnity.
• “Services” includes all goods and services of the Supplier supplied to the Applicant from time to time.
• “Supplier” means Redicrete Pty Ltd ABN 37 102 368 525.
• headings are for convenience only and do not affect interpretation.
• the singular includes the plural and vice versa and words importing a gender include other genders.
• a reference to a specific time for the performance of an obligation is a reference to that time in the State, Territory or other place where that obligation is to be performed.
• a reference to a party includes its executors, administrators, successors and permitted assigns.
• a reference to ‘A$’, ‘$A’, ‘dollar’ or’$’ is a reference to Australian currency.
• if more than one Applicant, the terms and conditions apply to each Applicant jointly and severally.
• a reference to a document (including this Credit Application) is to that document as varied, novated, ratified or replaced from time to time.
• a reference to a statute or delegated legislation or a provision of either includes consolidations, amendments, re-enactments and replacements.
• a reference to the ‘Credit Application’ and ‘Agreement’ means one and the same thing.
• “includes” in any form is not a word of limitation.
• no provision of this Credit Application is to be interpreted to the disadvantage of a party because that party (or its representative) drafted that provision.
• the Applicant cannot at any time assign, deal with or otherwise transfer any of its rights or obligations under this Credit Application without the prior written consent of the Supplier. The Supplier may at any time assign, deal with or otherwise transfer any of its rights or interests pursuant to this Credit Application without the prior written consent of the Applicant.
• this Credit Application and the transactions contemplated by this Credit Application are governed by the laws of New South Wales and each party agrees to irrevocably submit to the jurisdiction of the relevant Courts of New South Wales in respect of any claims, proceedings and matters arising out of or in respect of this Credit Application.
• to the extent of any inconsistency or conflict between this Credit Application and any terms and conditions of sale of Redicrete Pty Ltd, the terms and conditions of sale prevail.

1. The Applicant acknowledges and agrees that all accounts must be  paid in full and without deduction or set off on that date (the “Due Date”) advised to the Applicant from time to time by the Supplier being within thirty (30) days after the end of the calendar month during which the invoice was issued.
2. The Supplier reserves its right to refuse to extend credit to the Applicant at any time, in its absolute discretion and without the necessity to provide any reason. Furthermore, the Supplier may require payment of a deposit or pre-payment at any time and for any order (including, any special orders).
3. The Applicant acknowledges the Supplier is relying on the accuracy of all of the information and representations provided by the Applicant in this Credit Application. The Applicant agrees to inform the Supplier in writing of any changes to its business structure and other information as provided in this Credit Application within 7 days of such change.
4. The Supplier may at any time withdraw or vary the terms on which credit is given, upon first providing notice in writing to the Applicant.
5. If the Applicant does not make any payment by the Due Date, exceeds its credit limit at any time, commits a Default Event or any other material breach of these terms and conditions or an insolvency event in respect of the Applicant arises or is reasonably suspected by the Supplier, the Supplier may (without limitation to any other right or claim it may have against the Applicant) do any or all of the following:
   (a) charge the Applicant interest calculated on a daily basis on any portion of the Applicant’s account that is overdue at the National Australia Bank Limited reference rate for business loans, available to prime commercial customers plus 2% calculated from the Due Date until the date payment is made (both dates inclusive);
   (b) vary or withdraw any approved credit limit and/or terms of trade;
   (c) cancel or suspend the provision of the Services;
   (d) terminate any contracts between the Supplier and the Applicant and demand immediate payment
   of any monies due and outstanding under those contracts;
   (e) institute any recovery process as the Supplier, in its discretion, decides at the Applicant’s cost
   and expense;
   (f) require that the Guarantor pay all amounts outstanding and all costs incurred by the Supplier incidental to the enforcement or attempted enforcement of this Credit Application; and
   (g) lodge a caveat on title on all or any of the Applicant’s Charged Securities in accordance with clause 3.
6. If any part of an invoice is in dispute, the balance will remain payable and must be paid when due. The Applicant has no right to set-off any claim against the Supplier from monies owing to the Supplier.
7. The Applicant agrees to pay all legal costs and any expenses incurred by the Supplier (at the higher of indemnity or on solicitor and own client basis) in recovering overdue accounts, including but not limited to fees payable to the Supplier’s collection agents or lawyer.
8. The parties acknowledge that, for all intents and purposes, this Credit Application constitutes a contractual agreement (‘Agreement’) for the supply of goods and services between the Supplier and the Applicant which is enforceable in a court of law.
   (a) This Agreement is governed by the laws of New South Wales and each party submits to the non-exclusive jurisdiction of the courts of that State in respect of any proceedings arising in connection with this Agreement.
9. If any part of this Agreement becomes void or unenforceable for any reason, then that part will be severed with the intent that all remaining parts will continue to be in full force and effect and be unaffected by the severance of any other parts.

Each communication (including each notice, consent, approval, request and demand) under or in connection with this Credit Application:

1. must be in writing;
2. must be signed by the party making it or on that party’s behalf by the solicitor for, or any attorney, director, secretary, or authorised agent of that party;
3. must be delivered by hand or posted by prepaid post to the address, or sent by fax to the number, of the addressee, set out in this Credit Application or notified by that party to each other party from time to time; and
4. is taken to be received by the addressee:
   (a) (in the case of prepaid post sent to an address in the same country) on the third day after the day
   of posting;
   (b) (in the case of prepaid post sent to an address in another country) on the fifth day after the day of posting by airmail;
   (c) (in the case of facsimile) at the time in the place to which it is sent equivalent to the time shown on the transmission confirmation report produced by the fax machine from which it was sent; and
   (d) (in the case of delivery by hand) on delivery; but if the communication is taken to be received on a day that is not a working day or after 5.00pm, it is taken to be received at 9.00am on the next working day (“working day” meaning a day that is not a Saturday, Sunday or public holiday and on which banks are open for business generally, in the place to which the communication is posted, sent or delivered.)

It is agreed between the Applicant and the Supplier that:

1. the Supplier will withdraw any caveat registered on title as referred to in clause 3(b) upon receipt of full payment of any monies owed by the Applicant under this Agreement and upon the fulfilment of any other obligations pertaining to clause 3.1.
2. the Applicant will be responsible for any fees and legal costs associated with registering a caveat on title and where applicable, the cost of withdrawing the caveat.
3. if a Deed of Guarantee and Indemnity has been provided to the Supplier in connection with this Agreement, nothing in this clause 3 prevents the Supplier from exercising its rights under this clause 3 and under the Deed of Guarantee and Indemnity at one and the same time, in relation to the same Default Event.
4. The Applicant warrants that:
   (a) it has entered into this Agreement on its own volition, after having read and fully understood the terms of this Agreement and particularly, the legal implications of granting a security interest to the Supplier under this clause 3; and
   (b) the Supplier has explained to the Applicant the terms of this Agreement and particularly, this clause
   3 to the satisfaction of the latter and further, has afforded the Applicant the opportunity to seek legal advice in relation to the Agreement and the granting of any security interest.

By signing where indicated below, you:

1. Consent to us collecting any personal information for the purpose of assessing this Credit Application and acknowledge that yo may access any information we may hold about you on request.
2. Acknowledge that if you do not disclose all the information requested in this Credit Application, we may not be in a position to provide you with credit;
3. Acknowledge that we may disclose your personal information or that of any directors, officers or related entities in accordance with our policy, which may include our legal and other professional advisors and collection agencies in order to recover any monies due and payable by you;
4. Acknowledge that, in order to assess your creditworthiness, we may seek from any other credit providers or the trade references named in this Credit Application, information about your personal or commercial credit arrangements or that of your related entities and may obtain a credit report about you and your related entities from a credit reporting agency;
5. Acknowledge that you have received, read and understood our terms and conditions of sale and agree to be bound
   by them;
6. Warrant that all information provided by you in connection with this Credit Application is true and correct and not misleading or deceptive; and
7. Warrant that you are duly authorised to sign this Credit Application on behalf of the Applicant.