Please read our Terms of Trade before submitting your online credit application form.
Please read the attached Cavrent Credit Terms and Rental Terms and Conditions very carefully. They contain important terms and conditions that you should ensure that you understand before agreeing to be bound by them. These include:
CAVRENT PTY LTD COMMERCIAL CREDIT TERMS (“CREDIT TERMS”)
1.1 “Account” means each account of the Applicant with the Supplier for Monies owing in relation to the supply of Goods;
1.2 “Applicant” means the applicant for commercial credit on these Credit Terms and if more than one person, all such persons collectively and each of them individually in which case the obligations and liabilities of the Applicant in these Credit Terms apply to all such persons jointly and each of them severally;
1.3 “Application” means an application for commercial credit on these Credit Terms;
1.4 “Credit Limit” means the credit limit approved by the Supplier upon acceptance of an Application or such other limit notified to the Applicant from time-to-time by the Supplier in accordance with these Credit Terms. The Credit Limit includes the Supplier work in progress as well as invoiced amounts;
1.5 “Default Event” means an event specified as a Default Event in clause 9;
1.6 “Due Date” means the later of the last business day of the month following the month in which an invoice is rendered to the Applicant and any such other date which the Supplier informs the Applicant in writing is the Due Date.
1.7 “Goods” means goods and/or services supplied or to be supplied by the Supplier to the Applicant on Account;
1.8 “Monies” means all monies now or in the future owing by the Applicant to the Supplier on any account and includes any part of those monies and interest;
1.9 “PPSA” means the Personal Property Securities Act 2009 (Cth);
1.10 “PPSR” means the Personal Property Securities Register established under the PPS Act;
1.11 “Rate” means a rate 4% per annum greater than the rate published by the Commonwealth Bank of Australia from time to time on commercial overdraft finance facilities in excess of $100,000 accruing daily and capitalised monthly;
1.12 “Supplier” means Cavrent Pty Ltd ACN 082 028 082; and
1.13 “Trust” means each trust in respect of which the Applicant acts as trustee.
2. The Applicant agrees that all Goods are supplied subject to the Cavrent Rental Terms (“Rental Terms”) and that the Rental Terms will prevail to the extent of any inconsistency. Except as explicitly agreed by the Supplier in writing, no terms offered by or implied on behalf of the Applicant will be of any effect.
3. The Supplier may require the Applicant to use such purchase order form as is notified by the Supplier from time to time for the supply of Goods on credit.
4. The Applicant must pay for all supplied Goods on or before the Due Date. Each payment must be made by electronic funds transfer or in such manner as the Supplier may approve from time-to-time. If an invoice is more than 14 days overdue, the Applicant’s credit account may be suspended until all outstanding Monies are paid.
5. Monies owing on the Account must not at any time exceed the Credit Limit unless otherwise agreed in writing by the Supplier’s credit manager.
6. Interest accrues at the Rate on the balance of overdue Monies and the Supplier may apply payments in satisfaction of interest first and then to the balance of overdue Monies.
7. The Applicant authorises the Supplier (in its absolute discretion) to set off any credits in any Account against any Monies owing.
8. A Default Event occurs if:
8.1 at any time the debit balance of the Account exceeds the Credit Limit without the express written approval of the Supplier’s credit manager;
8.2 Monies are unpaid after the Due Date;
8.3 the Applicant fails to notify the Supplier no later than 14 days prior to any proposed change of address, ownership, shareholding, effective control or directors of the Applicant; or
8.4 the Applicant is in breach of these Terms or the Rental Terms.
9. If a Default Event occurs, without limiting clause 9, the Supplier may issue a notice of default to the Applicant specifying a period within which the Default Event must be remedied. If the Applicant fails to remedy the Default Event within the specified period or if the Default Event is otherwise incapable of remedy:
9.1 the Supplier may terminate the supply of Goods on credit or otherwise reduce the agreed payment terms;
9.2 the Supplier may vary or withdraw the Credit Limit and any such variations will apply in respect of the continued order and supply of Goods after such notification;
9.3 all Monies in respect of the Goods become immediately due and payable;
9.4 the Supplier may retake possession of the Goods;
9.5 the Supplier may retain all moneys paid on account; and
9.6 the Supplier may, if it notifies the Applicant that Monies in respect of the Goods are recoverable as a debt, sue for those Monies
10. The Applicant acknowledges and agrees that:
10.1 these Terms constitute a Security Agreement for the purposes of the PPSA;
10.2 the Applicant will grant the Supplier a security interest which may constitute a purchase money security interest (“Security Interest”) under the PPSA in the Goods and their proceeds to secure all amounts owed to the Supplier by the Applicant;
10.3 the Supplier may register the Security Interest on the PPSR under the PPSA;
10.4 the Applicant will:
10.4.1 do all things necessary and provide the Supplier on request all information the Supplier may require to register a financing statement or financing charge statement on the PPSR;
10.4.2 not take possession of Goods by way of, or transfer the Goods to, any enterprise other than the one acknowledged above without first notifying the Supplier;
10.4.3 if requested by the Supplier, the Applicant must pay the Supplier the cost of registering and maintaining registration of the Security Interest on the PPSR, within 14 days of that request; and
10.4.4 not change its name in any form or other details on the PPSR without first notifying the Supplier;
10.5 the Supplier need not give any notice under the PPSA (including a verification statement or a financing change statement) unless the notice is required by the PPSA and cannot be excluded;
10.6 neither the Applicant nor the Supplier may disclose information of the kind referred to in section 275(1) of the PPSA (except where the Applicant or the Supplier may do so where required due to the operation of section 275(7) of the PPSA) and the Applicant must not authorise the disclosure of such information without the Supplier’s prior consent;
10.7 if Chapter 4 of the PPSA would otherwise apply to the enforcement of the Security Interest, the following provisions of the PPSA will not apply, or are waived, as the context required:
10.7.1 section 95 (notice of removal of accession);
10.7.2 section 118 (enforcement of security interest in accordance with land law decisions);
10.7.3 section 123 (secured party may seize collateral);
10.7.4 section 125 (obligation to dispose or retain collateral);
10.7.5 section 128 (secured party may dispose of collateral);
10.7.6 section 129 (notice of purchase);
10.7.7 section 130 (notice of disposal);
10.7.8 sections 132(1) and (4) (right to receive a statement of account);
10.7.9section 135 (notice of retention);
10.7.10 section 142 (redemption of collateral); and
10.7.11 section 143 (reinstatement of security agreement);
10.8 the Applicant will not grant to any third party, or allow anyone else to register, any security interest over the Goods; and
10.9 without affecting any other indemnity or rights under these Terms, if the Applicant is in breach of any of its obligations under this clause 10 the Applicant must indemnify the Supplier against all loss or expense suffered by the Applicant as a consequence of that breach; and
10.10 unless otherwise defined in these Terms, the Terms and expressions used in these Terms have the meanings given to them, or by virtue of, the PPSA.
11. The Supplier may from time-to-time require security or further security as a condition of continuing the supply of Goods on credit. For the purposes of this clause “security” includes a guarantee and indemnity, mortgage or Security Agreement for the purposes of the PPSA granted by any person nominated by the Supplier. In addition, the Applicant agrees:
11.1 that the Supplier may register a general security interest against the Applicant’s personal and after acquired property (and the individual partnership interests if the Applicant is a partnership) in any relevant personal property securities register in addition to the security interest created pursuant to clause 10; and
11.2 that the Applicant secures all property (and the individual partnership interests if the Applicant is a partnership) in favour of the Supplier so as to secure the payment of all Monies and the performance of the Applicant’s obligations under these Terms and agrees that the Supplier may, at its option, register a caveat over the Applicant’s real property so as to secure such a security interest.
12. At all times:
12.1 the ownership of the Goods remains with the Supplier;
12.2 the Applicant:
12.2.1 holds the Goods as the Supplier’s bailee;
12.2.2 must properly store the Goods separately from any other goods and in a manner which clearly shows the Supplier as the owner of the Goods;
12.2.3 must insure the Goods;
12.2.4 must account to the Supplier for all proceeds of the Goods, including insurance proceeds; and
12.2.5 must permit the Supplier reasonable access to the Applicant’s premises at any time to inspect the Goods; and
13. Despite clause 12 risk passes to the Applicant on the earlier of either dispatch or collection of the Goods and remains with the Applicant until the Goods are returned to the Supplier.
14. If the Applicant makes an Application in its capacity as a trustee of any Trust, the Applicant warrants that;
14.1 these Terms are lawful, binding and enforceable against the Trust property; and
14.2 such Application is made within the full authority and power under the relevant Trust instrument.
15. All reasonable costs, expenses and disbursements incurred by the Supplier (including debt collection agency fees and legal costs) arising from or incidental to the Supplier exercising a right under these Terms or from a Default Event, are payable by the Applicant upon demand.
16. The Applicant indemnifies and will keep indemnified the Supplier against any loss, damage, cost, expense or liability which the Supplier incurs because an entity (with or without the Supplier’s knowledge) uses credit available to the Applicant under these Terms with the Applicant’s authority or consent.
17. Except as otherwise explicitly required by law, the Supplier will not be liable for any loss or damage suffered by the Applicant, however arising, directly or indirectly, in relation to the provision by the Supplier of commercial credit in accordance with these Terms.
18. The Applicant agrees that, in respect of an Applicant who is not an individual or sole trader,:
18.1 the Supplier may use and seek information from credit reporting bodies including:
18.1.1 a commercial credit report in order to assess an Application; and
18.1.2 a commercial credit report for the purpose of assisting in the collection of Monies owing;
18.2 in accordance with the Privacy Act 1988 (Cth) (“Privacy Act”), as amended from time to time, the Supplier in assessing an Application may use and seek from a credit provider named in an Application or in a commercial credit report (if applicable)personal information including (but not limited to) default information, repayment history or consumer credit liability information of the Applicant and any entity named in the Application; and
18.3 the Supplier may disclose personal information concerning the Applicant to another credit provider for any purpose listed in clause 18.2, subject to any restrictions in the Privacy Act
20.1 the purposes for which the Applicant’s personal information is collected by the Supplier;
20.2 the consequences if the Applicant’s personal information is not collected by the Supplier;
20.3 the third parties to which the Supplier discloses the Applicant’s personal information;
20.4 how the Applicant may seek access or correction of their personal information;
20.5 whether the Applicant’s personal information is likely to be disclosed to overseas entities and in which countries; and
20.6 how the Applicant can complain about a breach of the Supplier’s obligations in respect of the Applicant’s personal information and how such a complaint will be dealt with by the Supplier.
21. If any part of these Terms or any related document is or becomes void or unenforceable that part is to be severed so that all remaining parts which are not void or unenforceable remain in full force and effect and are unaffected by the severance.
22. The Supplier’s failure to exercise any right or power does not operate as a waiver and a partial exercise of a right or power including for example the acceptance of a part payment, does not preclude any further exercise of any right or power.
23. The Supplier reserves the right to vary these Terms from time to time . The Supplier will give the Applicant 30 days’ notice of any variation to these Terms. If the Applicant does not accept the variation to these Terms, the Applicant must advise the Supplier in writing within that 30 day notice period, otherwise the Applicant will be deemed to have accepted the varied terms.
24. Any notice, demand, consent, approval or other communication from any party to the other must be in writing and may be sent to:
24.1 the Supplier, at PO Box 84, ENFIELD PLAZA SA 5085, or Fax 08 8269 6086 or firstname.lastname@example.org.
24.2 the Applicant, at its business address or facsimile number mentioned in this Application.
25. These Terms are governed by the laws of South Australia. The Applicant submits to the non-exclusive jurisdiction of the courts of South Australia.
26. A signed certificate from the Supplier stating the amount of the Monies owing or the value of any damage to the Goods in the absence of manifest error will be conclusive and binding on the Applicant.
27. The Supplier may transfer its rights under these Terms to a related third party or as part of a group consolidation or restructure without the Applicant’s consent.
28. The Applicant and any person signing the Application on behalf of the Applicant jointly and severally warrant that:
28.1 such person and the Applicant are each authorised to make the Application;
28.2 all information in the Application is complete, accurate and not misleading;
28.3 the Applicant is able to pay its debts when due;
28.4 these Terms are binding; and
28.5 the Application relates solely to and the Applicant will only use the Account for commercial credit purposes.