Credit Account Application

1. What is the purpose of this agreement? 1.1 This agreement sets out the terms that apply to the relationship between you (and “your”) and World of Tyres (“we”, “us” and “our). 2. What information about you can we collect? 2.1 You agree to provide us with and allow us to use information necessary to give effect to this agreement and provide you with the products and services (“your information”). We will not hold your information longer than required for the purposes of its collection. 2.2 Unless your consent is withdrawn in writing, you agree to us disclosing any of your information: • To give effect to or enforce our obligations under this agreement or a finance agreement; or • When authorised by you or required by law; or • To assess your credit worthiness; and • To market any of our products to another person or entity 2.3 We will not use your information unless we have reasonably ensured it is accurate, complete, relevant and not misleading. If we give your information to another entity, we will do everything reasonably within our power to prevent unauthorised use or disclosure of your information. 2.4 You may access any of your information and ask us to correct any mistakes in it. 3. What are our products and services? 3.1 “Products and services” and “product(s)” means and includes, without limitation, all goods and inventory (whether separate, attached to something or performed work on), services and out of pocket expenses provided to you by us and identified: • In any account, financial agreement, application, order form, packing slip, email, supply request, quote, invoice, statement or other document issued by us to you, which are deemed to be incorporated into and form part of our agreement with you; or • As ours by marking or a manner of storage enabling them to be identified as ours. 4. When and how do you pay us? 4.1 You agree to pay us: • On or before the 20th day of the month following the date of our invoice (“the due date”) unless otherwise agreed in writing. • Interest on any amount you owe after the due date at a rate of 2.5% per month or part month. • Any expenses, including debt collection and legal costs, that we incur as a result of enforcing any or our rights contained in this agreement. • Without set-off, deductions or counterclaim; and • A deposit when required 4.2 We may require a credit card retention for services, the value of which you agree will be deducted from your credit card. All payments by credit card will incur an extra charge of 2.5% of the value of the invoice. 4.3 You agree to us allocating or reallocating any payment received from you towards any invoice. If no allocation is made, then it is deemed to be in such a way that preserves the maximum value or our purchase money security interest in the products. 5. What warranties apply? 5.1 Manufacturer’s warranty where applicable. 5.2 Any warranty that we provide will form part of our agreement with you. 5.3 If you are in trade, you agree that guarantees under the Consumer Guarantees Act 1993 do not apply 5.4 Subject to any obligation to you under the Consumer Guarantees Act 1993 and the Carriage of Goods Act 1979, if we are deemed to be liable to you for any loss or damage of any kind, arising from the provision of services to you, including consequential loss, whether suffered or incurred by you or another person or entity and whether in contract or tort or otherwise, then it is agreed by you, that our total liability is limited to the value of the products and services provided to you. 5.5 We are not liable for delay or failure to perform our obligations if the cause is beyond our control. 5.6 If products are faulty, we may repair or replace the product or credit your account at our discretion. You will be responsible for the cost of returning any product. 6. What ownership and security rights do we have? 6.1 Until you have paid us in full for all products and services provided by us, we retain ownership of and hold a security interest in all products. 6.2 We own all existing and new intellectual property rights connected to the products and services. 7. Returns 7.1 No returns will be accepted without the approval from us. 7.2 Any returns must be in new condition and accompanied by the relevant invoice number. 7.3 No returns will be accepted more than one month after invoice date unless prior written approval has been given. 7.4 Freight must be pre-paid on all returns. 7.5 Specially procured or indented products will not be accepted for credit. 8. When may we cancel our agreement with you? 8.1 We have the right by notice to suspend or cancel any part of any agreement for the provision of products and services to you if you default by: • Failing to pay or indicating you will not pay any sum owing by the due date. • Any of your creditors seizing or indicating they will seize any products provided to you. • Products in your possession becoming materially damaged while any amount owed to us remains unpaid. • Being bankrupted or put into liquidation. • A receiver being appointed over or a landlord possessing any of your assets. • A court judgment entered against you remaining unsatisfied for seven days. • Breaching the terms of this agreement; and • Any adverse material changes in your financial position. 8.2 Cancellation or suspension will not affect our claims for any amount due at the time of cancellation or suspension, damages for any breach of your obligations under this agreement and any other legal rights we may have. 8.3 You agree that if you default, we may enter any premises occupied by you to inspect or retrieve any products. We may resell any products and credit the net sale proceeds to your account. 9. Does a personal guarantee apply? 9.1 If you are a director of a company or the trustee of a trust: • In exchange for us agreeing to supply products and services and grant credit to the company or the trust, you also sign this agreement in your personal capacity, and jointly and severally personally undertake as principal debtors, to pay everything that the company or trust owes us, and to indemnify us against non-payment and/or default; and • Any personal liabilities of you as a director or trustee will not exclude the company or trust from the liabilities and obligations contained in this agreement. 10. What else are you agreeing to? 10.1 On occasions we may outsource (contract out) part of the work required to produce the products and services. You agree to pay for all amounts due in connected with the outsourcing. 10.2 If we fail to enforce any of the terms of this agreement it will not be deemed to be a waiver of any of the rights or obligations we have under this agreement. 10.3 If any of these terms are determined to be invalid, void, illegal or unenforceable, the validity, existence, legality and enforceability of the remaining terms will not be affected. 10.4 Any instructions we receive from you will be subject to this agreement. 10.5 If any dispute arises between you and us, we must be notified within seven working days. If the dispute relates to delivery, then we must be notified within three working days. 10.6 You agree that all documentation related to this agreement may be served on you by email.