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Terms & Conditions

SECTION 1.PRIVACY
1.1Consent
The applicant consents to APB collecting and using personal information of or relating to the Applicant and the Guarantor (if applicable) for the purpose of:
  1. assessing this Application and the credit worthiness of the Applicant and Guarantor;
  2. to the maximum extent permitted by law, assisting APB in the exercise of its rights against the Applicant and the Guarantor, including the right to enforce payment of any amount payable by the Applicant or the Guarantor to APB whether in relation to this Application or otherwise, and any other lawful purpose required by APB, and APB may disclose that personal information and details of this Application to any person considered reasonably appropriate by APB to achieve any such purpose, including disclosing such information to a credit reporting agency.
1.2Credit Report

To the extent APB considers it relevant to assessing the Applicant’s application for credit set out in this Application, the Applicant agrees to APB obtaining a credit report from a credit reporting agency, and information about the Applicant and the Guarantor from credit providers, including information about the Applicant’s and the Guarantor’s credit worthiness, credit standing, credit history and credit capacity.

SECTION 2.BALANCE SHEET AND PROFIT AND LOSS STATEMENTBODY CORPORATES ONLY
For applicants that are bodies corporate, when submitting this Application, please attach:
  1. a copy of the Balance Sheet for the Applicant as at the end of the most recently completed financial year of the Applicant; and
  2. a copy of the Profit and Loss Statement for the Applicant in respect in respect of that financial year.
SECTION 3.CREDIT APPLICATION TERMS

3.1Additional Information
The Applicant must promptly provide APB with such documents and information as APB may request from time to time (in the format required by APB) for the purpose of assisting APB in assessing this Application or determining whether to continue to provide credit. If the Applicant does not provide APB with such documents, then APB may not be able to assess this Application or continue to provide Credit.

3.2Contents of Application
The Applicant represents and warrants that as at the date this Application is submitted to APB and as at each day that credit is provided to the Applicant, the contents of this Application completed by or on behalf of the Applicant and any documents and information provided by the Applicant are complete, true and correct in every particular and are not misleading or deceptive in any way.

3.3Notification by Applicant
The Applicant must immediately notify APB in writing as soon as it becomes aware of any matter or thing which renders or may render any information disclosed to APB as part of this Applicant incomplete, untrue, incorrect, misleading or deceptive. With or promptly following such notice, the Applicant must provide APB with all necessary information to ensure compliance with clause 2.2.

3.4Acceptance or rejection of Application
APB may in its absolute discretion accept or reject this Application and to the maximum extent permitted by law, is under no obligation to provide reasons for any such rejection.

3.5Withdrawal of credit by notice
The Applicant acknowledges and agrees that APB may in its absolute discretion, withdraw or withhold credit from the Applicant or alter the Applicant’s credit limit by providing the Applicant with notice of such withdrawal or withholding in the following circumstances:
  1. any payment the Applicant is required to make to APB in connection with its Trading Account remains unpaid beyond its due date;
  2. the Applicant breaches a material term of these Credit Application Terms (or the Terms and Conditions of Sale set out in Part B of this Application (Terms)); or
  3. any person who has guaranteed the Applicant’s obligations under this Application withdraws their guarantee.
3.6Immediate withdrawal of credit
The Applicant acknowledges and agrees that APB may in its absolute discretion, withdraw or withhold credit from the Applicant or alter the Applicant’s credit limit immediately in the following circumstances:
  1. the Applicant enters or threatens to enter into bankruptcy, liquidation or other form of external administration, management or receivership or the Applicant enters into any scheme or arrangement with its creditors;
  2. the Applicant attempts to make payment to APB by dishonoured cheque; or
  3. APB was induced by a misrepresentation on the Applicant’s part to accept this Application.

3.7Credit restriction
The Applicant must not use any credit provided to it by APB wholly or predominantly for personal, domestic or household use.

3.8Terms and Conditions
The Applicant acknowledges having received, read and understood the Ordering Service Terms and Conditions Terms and agrees to be bound by the Terms in all dealings between the parties where credit is extended by APB.

3.9Change of Details
The Applicant must notify APB immediately on any material change to the Applicant’s business or contact details, including (without limitation) any change of address, trading name, ownership or effective control. The Applicant indemnifies APB against any loss, damage, cost or expense as a direct result of the Applicant’s failure to promptly notify APB of such changes.

SECTION 4.GUARANTEE
4.1Guarantee of the Applicant’s performance
The Guarantor guarantees to APB that the person named below as the “Applicant” will punctually perform its obligations under:
  1. this Application; and
  2. the Terms, as varied from time to time,
  3. including the Applicant’s obligations to pay money.
4.2Continuing security
The guarantee under clause 3.1 (“Guarantee”) is a continuing obligation which:
  1. remains in full force and effect for so long as the Applicant has any liability or obligation to APB and until all of those liabilities or obligations are fully discharged; and
  2. is not discharged by any one payment.
4.3Obligations and rights not affected by certain matters
To the extent permissible at law, the Guarantor’s obligations and the rights of APB under the Guarantee are not affected by anything which might otherwise affect them at law, including:
  1. APB’s failure or delay in taking action or asserting a right, or any other act, omission or mistake by APB or the Applicant;
  2. the assignment or novation or a right or obligation of APB ; or
  3. an obligation or liability of a person other than the Guarantor being invalid or unenforceable.
4.4Guarantor’s rights suspended
The Guarantor must not do any of the following, without the consent of APB, before or until all money due and payable to APB by the Applicant or the Guarantor in connection with this Application, the relevant agreement between APB and the Applicant or the Guarantor is paid:
  1. Exercise a right of contribution or indemnity against the Applicant;
  2. Claim the benefit of (for example, by subrogation), or seek the transfer of, a guarantee, indemnity or security APB holds as provided by the Applicant or the Guarantor in connection with this Application or the relevant agreement;
  3. Try to reduce its liability under the Guarantee through set-off or counterclaim; or
  4. Prove in competition with APB if the Applicant is unable to pay its debts when due.

4.5Reinstating APB’s rights
If a claim is made (such as a claim under the law relating to insolvency) that a payment or transfer to APB by the Applicant or the Guarantor in connection with this Application, the relevant agreement between APB and the Applicant or the Guarantee is void or voidable and that claim is upheld, conceded or compromised, then APB is immediately entitled to the rights it had against the Guarantor before the payment of transfer was made.

4.6Reimbursing APB for costs
The Guarantor must (within 7 days after a request by APB) pay or reimburse APB for:
  1. APB’s costs (including legal costs on a full indemnity basis) in connection with enforcing the Guarantee; and
  2. all tax payable in connection with the Guarantee or any transaction, including a payment, contemplated by it.

4.7Applying money paid by the Guarantor
APB may apply amounts it receives from the Guarantor under the Guarantee in any manner or order it chooses.

4.8Indemnity
The Guarantor indemnifies APB against all actions, claims, proceedings, demands, liabilities, losses, damages, expenses and costs (including legal costs on a full indemnity basis) that may by brought against APB or which APB may pay, sustain or incur as a direct or indirect result of any breach or non-performance by the Applicant of this Application, except to the extent that APB has caused or contributed to the loss.

4.9Consent
The Guarantor consents to APB collecting and using personal information of or relating to the Applicant and the Guarantor for the purpose of:
  1. assessing this Application and the Guarantee and the credit worthiness of the Applicant and the Guarantor; and
  2. to the maximum extent permitted by law, assisting APB in the exercise of its rights against the Applicant and the Guarantor, including the right to enforce payment or any amount payable by the Applicant or the Guarantor to APB whether in relation to this Guarantee or otherwise and APB may disclose that personal information and details of the Guarantee to any person considered reasonably appropriate by APB to achieve any such purpose, including disclosing such information to a credit reporting agency.

4.10Credit Report
To the extent that APB considers it relevant to assessing this Application or the Guarantee, the Guarantor agrees to APB obtaining a credit report from a credit reporting agency, and information about the Applicant and the Guarantor from credit providers, including information about the Applicant’s and the Guarantor’s credit worthiness, credit standing, credit history and credit capacity.