Application for Credit Account

HOME / resources / Application for Credit Account

Posted on 29 March 2022

Please complete this form in full to apply for a Credit Account with Pothole People Qld (ABN 94 109 481 834).

This is an important document; you should see your own lawyer or advisor before signing it. To complete, you will need your full business details (including ABN and bank account) and the form will need to be signed digitally by business partner(s) / director(s). You will also need to provide the details of at least one guarantor, which can be provided in this form or later.

The form cannot be saved and returned to at a later point. Please be assured that this form has full SSL security to keep your bank account details safe.

"*" indicates required fields

Type of Business*

Sole Trader

Partnership

Proprietary Company

Trust

Other

Legal Name*

Trading Name*

Office Address*

(physical address only, no PO Boxes)

Street Address Address Line 2 City State Postcode

Postal Address

Same as Office Address

Street Address Address Line 2 City State Postcode

Mobile*

Telephone

Registered Office*

Email*

ABN*

Paid up Capital*

Previous Address Details (If less than 2 years)

Street Address Address Line 2 City State Postcode

Details of Partners (if Partnership)

1. Full Name

First Last

1. Home Address

1. Home Phone

2. Full Name

First Last

2. Home Address

2. Home Phone

Details of Directors (if Proprietary Company)

1. Full Name

First Last

1. Home Address

1. Home Phone

2. Full Name

First Last

2. Home Address

2. Home Phone

Contact Person for Accounts*

First Last

Bank Account Details

Name of Bank*

Bank Branch Number (BSB)*

Bank Account Number*

Accountant's Name*

First Last

Accountant's Address*

Street Address Address Line 2 City State Postcode

Trade References (excluding Credit Cards, Fuel Suppliers, Landlord, Power & Phone)*

1. Trade Reference*

1. Trade Ref Phone*

1. Trade Ref Email*

2. Trade Reference*

2. Trade Ref Phone*

2. Trade Ref Email*

3. Trade Reference

3. Trade Ref Phone

3. Trade Ref Email

I certify that the above information is true and correct and that I am authorised to make this application for credit. In accordance with the Privacy Act (1988) I authorise any person or company to give information as may be required in response to credit enquiries. I have read and understand the GENERAL TERMS AND CONDITIONS OF TRADE (below) of Ley Lines Pty Ltd T/A Pothole People Queensland which form part of, and are intended to be read in conjunction with this Credit Application and agree to be bound by these conditions.

Signed*

Signatory Role*

Date*

Full Name*

Position*

Terms and Conditions

These terms and conditions form part of and are to be read in conjunction with the particulars contained in the Quotation.

1. PRICE & PAYMENT

(a) Acceptance of this quotation must be in writing using a Pothole People QLD work authorisation stating any official order number where applicable.
(b) If customer cancels an order through no fault of Pothole People QLD, we reserve the right to claim for any expenses incurred.
(c) Pothole People QLD reserve the right to withdraw from the quote prior to the commencement of work, with no liability to Pothole People QLD of costs incurred by the customer for any reason.
(d) The price stated includes:
(i) Current costs for transport, labour and materials shall remain valid for 30 days from date of this quotation.
(ii) All work being completed in the one visit unless otherwise stated. Additional visits will be charged at an extra rate as prescribed by Pothole People QLD.
(iii) The work shall be carried out during normal working hours Monday to Friday, 7.00am to 4.00pm. Work completed outside these hours at the request of the customer will attract additional charges.
(iv) All measured areas and project particulars supplied being accurate and the price is subject to variation if any of the above inclusions are inaccurate, insufficient or have varied from the date of the quotation to the date of work commenced.
(e) The price does not include:
(i) Removal of any materials from channels.
(ii) Any preparation required to the surface, apart from sweeping.
(iii) Any additional services not detailed in the quotation and the price is subject to variation to take account of the above exclusions.
(iv) Any Site Inductions more than 20 minutes in duration will be charged at $85 plus Gst per hour or part thereof.
(f) Any claim or dispute in relation to the quality of workmanship or materials delivered must be made in writing to Pothole People QLD within seven (7) days of delivery.
(g) When a price per tonne is stated, tonnage shall be based on weight shown on the delivery docket. When price per square metre is stated the price shall be based on the measurement of actual completed work.
(h) Terms of payment – Unless otherwise stated in the Quotation, upon completion, all outstanding balances, including extras must be paid within the terms as stated on the work authorisation.
(i) No deductions or retentions whatsoever shall be made by the customer unless stated in quotation.
(j) Pothole People QLD reserve the right to charge interest on any overdue amounts at a rate equal to 2.5% compounding per calendar month, plus a 10% administration fee.

2. SPECIFICATIONS

(a) Pavements which are shaped outside the adjustable limits of the paver cannot be laid to a consistent thickness. This necessitates the use of extra asphalt. The customer will be liable for this extra work.
(b) Unless otherwise stated, materials and laying will comply with Australian Standard Specifications. Testing will not be automatically carried out but will only be done if requested by the purchaser prior to delivery at a cost to the client.
(c) It is agreed by the purchaser that Pothole People is not responsible for the following:
(i) Additional work required to strengthen the subgrade or pavement base unless specifically priced as an item in the quotation;
(ii) the establishment of levels to ensure surface water drainage; or
(iii) the establishment of base course levels.
(d) Any specific specification required by the purchaser in respect of the materials supplied shall be stated in the Quotation and confirmed by Pothole People QLD. The purchaser shall be liable for any cost arising from the specification as requested being changed.

3. SITE & ACCESS

(a) The site conditions at the time of execution of work shall not vary from conditions prevailing at the time of inspection or from conditions agreed to be provided by the customer.
(b) Site access must be via an all weather track. No allowance has been made in quote for construction of access tracks. Pothole People QLD shall not be liable for any damage or loss arising as a result of the access failing to support the necessary machinery.

4. WARRANTIES

All work shall be warranted against defective materials and workmanship for three (3) months from the date of completion.

5. GENERAL

(a) Pothole People QLD shall not be liable in any manner whatsoever for the delay in delivery or non-delivery (or any costs associated herewith) which are attributable to transport delays, plant or equipment breakdown, unavailability or shortage of materials, industrial stoppages or any other cause whatsoever which is beyond the direct control of Pothole People QLD.
(b) Pothole People QLD shall not be responsible for any maintenance after the completion of the work. (b)ii Vegetation, such as weeds and grass are able to push through asphalt. While all care is taken when preparing areas for asphalt, grass may still grow through the asphalt.
(c) Pothole People QLD shall not be responsible for any property damage caused by carrying out the work unless such damage was caused solely by the negligence of Pothole People QLD employees or its agents. Pothole People QLD is to be notified within 24 hours of occurrence and confirmed in writing within 7 days of occurrence.
(d) In the event of any materials supplied or work performed by Pothole People QLD being defective, the liability of Pothole People QLD, if any, shall be limited to the replacement of such defective material and/or the redoing of such work. All other guarantees, warranties, undertakings, or representation expressed or implied whether arising from stature or otherwise are hereby expressly excluded (Except to the extent prohibited by law).
(e) Until payment in full, Pothole People QLD shall retain legal and equitable title to all materials and other items into which the materials may be incorporated and the purchaser hereby authorises Pothole People QLD to re-enter onto the site for the purpose of retaking delivery if payment is not made when due.
(f) Clerical and Technical errors are subject to correction at any time by Pothole People QLD.
(g) The customer shall indemnify Pothole People QLD against all claims, damages, demands, penalties, costs, charges and expenses, to which Pothole People QLD may become partially or wholly liable through any work required to be done by Pothole People QLD, or goods and materials to be supplied by Pothole People QLD in accordance with the customer’s specifications.

Personal/Directors Guarantee And Indemnity

IN CONSIDERATION of Ley Lines Pty Ltd T/A Pothole People Queensland and its successors and assigns (“the Seller”) at the request of the Guarantor (as is now acknowledged) supplying and continuing to supply goods and/or services to:

the Buyer*

"the Buyer" *

I/WE UNCONDITIONALLY AND IRREVOCABLY:

1. GUARANTEE the due and punctual payment to the Seller of all moneys which are now owing to the Seller by the Buyer and all further sums of money from time to time owing to the Seller by the Buyer in respect of goods and services supplied or to be supplied by the Seller to the Buyer or any other liability of the Buyer to the Seller, and the due observance and performance by the Buyer of all its obligations contained or implied in any contract with the Seller. If for any reason the Buyer does not pay any amount owing to the Seller the Guarantor will immediately on demand pay the relevant amount to the Seller.
2. HOLD HARMLESS AND INDEMNIFY the Seller 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 the Seller in connection with:
(a) the supply of goods and/or services to the Buyer; or
(b) the recovery of moneys owing to the Seller by the Buyer including the enforcement of this guarantee, and including but not limited to the Seller’s nominees costs of collection and legal costs calculated on a solicitor and own client basis; or
(c) moneys paid by the Seller with the Buyer’s consent in settlement of a dispute that arises or results from a dispute between, the Seller, the Buyer, and a third party or any combination thereof, over the supply of goods and/or services by the Seller to the Buyer.

I/WE FURTHER ACKNOWLEDGE AND AGREE THAT:
3. 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 the Seller by the Buyer and all obligations herein have been fully paid satisfied and performed.
4. No granting of credit, extension of further credit, or granting of time and no waiver, indulgence or neglect to sue on the Seller’s part (whether in respect of the Buyer 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 Buyer’s obligations to the Seller, each guarantor shall be a principal debtor and liable to the Seller accordingly.
5. If any payment received or recovered by the Seller is avoided by law such payment shall be deemed not to have discharged the liability of the Guarantor, and the Guarantor and the seller shall each be restored to the position in which they would have been had no such payment been made.
6. 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.
7. 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 both 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.
8. I/We have been advised to obtain independent legal advice before executing this Guarantee but have either waived or declined to take independent legal advice. I/we understand that I/we am/are liable for all amounts owing (both now and in the future) by the Buyer to the Seller.
9. The above information is to be used by the Seller for all purposes in connection with the Seller considering this guarantee and the subsequent enforcement of the same.
10. I/we irrevocably authorise the Seller to obtain from any person or company any information which the Seller may require for credit reference purposes. I/We further irrevocably authorise the Seller 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 the Seller as a result of this guarantee being actioned by the Seller.

Guarantors

If the Buyer is a sole trader or partnership the guarantor(s) should be some other suitable person(s). If the Buyer is a club or incorporated society the guarantor(s) should be the president and secretary or other committee member.

To successfully set up a Credit Account with Pothole People Qld you will need to provide the details (as below) of at least one guarantor. Please note, this information can be included on your application now, or later.

GUARANTOR 1

Signed

Full Name

Present Address

Street Address Address Line 2 City State Postcode

Executed as a Deed on:

Signature of Witness

Name of Witness

Occupation

GUARANTOR 2

Signed

Full Name

Present Address

Street Address Address Line 2 City State Postcode

Executed as a Deed on:

Signature of Witness

Name of Witness

Occupation

Name

This field is for validation purposes and should be left unchanged.

Application for Credit Account

Terms and Conditions

Personal/Directors Guarantee And Indemnity

Guarantors

GUARANTOR 1

GUARANTOR 2

YOU MIGHT ALSO LIKE

Insurance

Terms of Trade

MSDS