PRIVACY ACT 1988 (as amended)
1. CLIFTON H. JOSEPH & SON (AUSTRALIA) PTY LTD (“the Company”) is bound by the 10 National Policy
which is available upon request.
The Company holds personal information for the following purposes:
(i) Credit Assessment both initial and ongoing,
(ii) Internal accounting and administration,
(iii) To protect you and us from fraud,
(iv) To help us identify products or services or promotions that might be beneficial to you and to inform you about them.
2. Pursuant to the provisions of the Act, the applicant is informed that identity particulars and personal and possibly
sensitive information relating to the applicant may be disclosed by CLIFTON H. JOSEPH & SON (AUSTRALIA)
PTY LTD (“the Company”) to a credit reporting business.
3. Pursuant to the Act the applicant aggress for the purpose of the Company assessing this application both initially and in
an ongoing manner or if collecting overdue payments, to the Company obtaining and keeping from a credit reporting business a report
containing personal information about the applicant or information about the applicant’s commercial activities or commercial and/or
4. Pursuant to the Act the applicant agrees to the Company keeping and disclosing to or receive from any other credit
provider any credit report or information relative to my creditworthiness, credit standing, credit history or credit capacity for any of
the following purposes:
(i) to assess an application by me/us for credit;
(ii) to notify other credit providers of a default by me/us
(iii) to exchange information with other credit providers as to the status of my account where I am in default with another
(iv) To assess my creditworthiness at any time.
PLEASE READ CAREFULLY
I/We certify that the personal and/or business details provided on this application are correct and that I/We have
read and understood the Terms of Sale and Conditions of Account (printed hereon) and in particular I/We
acknowledge that your customary credit terms require payment within (30) days from the end of the month of
invoicing and that in the meantime title to the goods is reserved.
IN CONSIDERATION OF CLIFTON H. JOSEPH & SON (AUSTRALIA) PTY LTD HAVING
AGREED TO MY/OUR REQUEST TO SUPPLY AND OF
THE CREDIT AND ACCOMMODATION GIVEN BY YOU TO THE CUSTOMER. I/WE HEREBY
GUARANTEE JOINTLY AND SEVERALLY TO YOU, THE PAYMENT ON DEMAND OF ALL
MONEYS WHICH ARE OR SHALL HEREAFTER BECOME DUE TO CLIFTON H. JOSEPH &
SON (AUSTRALIA) PTY LTD BY THE CUSTOMER OR PURSUANT TO THE ABOVE
ACCOUNT. THIS GUARANTEE SHALL BE A CONTINUING GUARANTEE AND SHALL NOT BE
AFFECTED BY YOUR GIVING TIME OR ANY OTHER INDULGENCE TO THE CUSTOMER NOR
BY ANY CHANGE IN THE NAME OR IDENTITY OF THE LEGAL ENTITY OPERATING THE
ACCOUNT, NOR SHALL ANY RIGHTS OF “THE COMPANY” TO SUE THE CUSTOMER BE
PURSUANT TO SECTION 18K (1) © PRIVACY ACT 1988 THE GUARANTOR(S) AGREES AND
AUTHORISES CLIFTON H. JOSEPH & SON (AUSTRALIA) PTY LTD TO ASK FOR, GIVE
AND/OR EXCHANGE ANY PERSONAL CREDIT INFORMATION WITH ANY OTHER PARTY
(INCLUDING SUPPLIERS AND CREDIT REPORTING AGENCIES) THAT IS NECESSARY FOR
THE PURPOSES OF ASSESSING WHETHER TO ACCEPT THE GUARANTOR(S) AS
GUARANTORS(S) IN RESPECT OF CREDIT APPLIED FOR OR PROVIDED TO THE CUSTOMER.
The applicant(s) hereby agree(s) to the above and to be bound by all of the Company’s Terms & Conditions as set out
on page 3 and 4 herein and it is expressly agreed and acknowledged that such Terms & Conditions have been read and undesrstood
TERMS OF SALE AND CONDITIONS OF ACCOUNT
1. Payment in full is due on the last Government Gazetted working day of the month from the month of invoicing. Interest may be
charged on any account exceeding these terms at the rate determined by the Company. Minor defects in the products shall not entitle
the Customer to withhold payment of the account and the Customer agrees not to withhold payment in the event of any dispute.
2. The Company will render to the Customer a statement of account at monthly intervals. If the Customer disputes any item appearing
on a Statement, it must advise the Company immediately on receipt of the Statement. In such case, the Customer will pay for all
charges appearing on the Statement within trading terms as set out in clause 1.
3. The Customer is liable to the company for the cost of any Goods and Services Tax payable by the company in respect of any
taxable supply to the Customer and the Customer agrees to reimburse the company for the amount of such Goods and Services Tax
whether such tax is originally included in the price or subsequently found to be payable.
4. The Company may, at any time, suspend the supply of further products or services to the Customer without having to give reasons,
The Company will not accept or incur any liability for costs, charges or damages incurred by the Customer as a result of suspending
5. The Company will suspend the supply of further products or services if the account is not paid on time, for such period as the
company sees fit.
6. All costs incurred in pursing, securing and collection of any outstanding moneys on the Account including (but not limited to) all
Agent’s fee, overdue interest and Legal Fees Court Costs or Duties will be charged to the Customer and added to the debt. Fees for
dishonored cheques will also be added to the debt.
(6a) CLIFTON H. JOSEPH & SON (AUSTRALIA) PTY LTD reserves the right to charge a 3% administration fee to
any accounts that fall outside of general trading terms.
7. To secure payment of all monies which may become payable by the Customer to the Company hereby charges with the due
payment of those monies all of the Customers interest in real property both present and future and the Customer consents to the
Company lodging a caveat or caveats noting its interests hereunder. Any applicable Stamp Duties fees and charges will be charged to
the Customer’s account.
8. The Company will charge a fee for copy invoices where requested after 30 days from the statement date.
9. The delivery times made known to the Customer are estimates only and the Company accepts no responsibility for costs charges or
other consequences arising from failure to deliver at any specified time and under no circumstances shall the Company be liable for
any loss, damage or delay occasioned to the Customer arising from late or non-delivery of products. Customers may always elect to
collect products themselves or arrange for the products to be picked up themselves if delivery times are critical or of the essence.
10. If the manufacture or supplier of the products: a) Delivers the products direct to the Customer and charges the Company to do so,
or, b) charges the Company a delivery fee or a handling fee on special orders, the Company will charge the delivery or handling fee to
11. Notwithstanding clause 17, the Customer shall bear all risk of loss or damage to the products upon and from delivery to the
Customer or delivery at the Customer’s direction. The Customer shall effect all necessary policies of insurance as it may deem
appropriate to insure against any risk or damage.
Retention of Title & Ownership
12. All products sold shall remain the sole and absolute property of the Company as legal and equitable owner until the Customer has
paid all monies owing by the Customer to the Company in full (and any cheques have cleared), but such products shall be at the risk of
the Customer as soon as delivered to, or to the order of, the Customer. The said products shall be held by the Customer so as to
indicate that they are the property of the Company until the Customer has paid monies owing by the Customer to the Company in full
(and any cheques have cleared).
13. The Customer’s right to possession of products still owned by the Company under clause 17 shall cease if: a) being an individual,
he commits an available act of bankruptcy, or, b) being a Company, a Receiver or Manager becomes entitled to take possession of any
assets of the Company or any proceedings are instituted for the winding up of the Company, or c) the Customer’s cheque is
dishonored for payment, or d) the Customer fails to comply with any demand for payment issued by the Company. Upon any such
event happening we will repossess the products and for this purpose the Company is at liberty to enter upon any premises where we
reasonably believe the products might be located.
Quotations and Orders
14.Any quotation made by the Company shall not be construed as an offer or obligation to sell and accordingly the Company reserves
the right to accept or reject at its discretion any orders which may be received by it.
15. Products ordered as Special Orders, or under quotations, or products ordered to eliminate pending price rises will be charged to the
Customer’s account upon the Company receiving or being invoiced for such products and will be paid for under the normal terms of
the account irrespective of whether the Customer has taken delivery of the products or not.
Inspection, Returns & Warranties
16.The customer assumes responsibility for checking the products delivered against the product ordered and for the suitability or
fitness of the products purchased.
17. No claims for shortages will be recognized after 7 days from date of delivery and the Customer acknowledges that 7 days is
sufficient and reasonable time for the Customer to inspect the products and notify the Company of any discrepancies.
18.Returns and Exchanges of products will not be recognized unless the Invoice number or Delivery Docket Number is quoted at the
time of return
19.Subject to the provisions of any relevant legislation, all products sold carry only such warranty, if any, as is furnished by
20. The Company reserves the right to amend these Terms and Conditions from time to time, such alteration being notified by the
Company to the Customer and posted by prepaid ordinary post to the last known address, and coming into effect on the date specified