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TERMS AND CONDITIONS OF TRADE
1. Trading Terms
Payment for all goods and services shall be made in full within 20 days after the end of the month in which the invoice was issued. All orders under $500.00 are subject to a flat $7.50 freight and handling charge.
2. Shortages & Damaged Goods
Claims will not be accepted for shortages or damage goods unless notification is received by Golf Warehouse in writing by letter, fax or email within seven days of delivery into the Customer’s store.
3. Sales Returns
Subject to relevant legislation:
a) Golf Warehouse shall be under no obligation to accept the return of goods and provide credit
or refund for returned goods.
b) Golf Warehouse may from time to time accept returns of goods and give credit for such returned goods but such acceptance of returns of goods from time to time shall not oblige Golf Warehouse to accept future returns of goods.
c) The Customer acknowledges that no person is authorised to bind Golf Warehouse to accept returns of goods and give credit for returned goods other than the National Sales Manager from time to time or a director of Golf Warehouse and all such authorisations shall be invalid unless in writing.
d) Where Golf Warehouse has approved the return of goods and the granting of credit, this is always subject to the goods being returned to Golf Warehouse head office in original condition with original packaging together with goods, the relevant invoice numbers(s) and the credit authorisation approval number.
e) Where Golf Warehouse has approved the return of goods, Golf Warehouse obligations shall be limited to granting credit for the purchase by the Customer of other goods from Golf Warehouse. Under no circumstances will Golf Warehouse be required to refund monies to the Customer for returned goods.
f) Golf Warehouse reserves the right to charge a handling fee of 20% of the value of the goods returned.
g) All expenses associated with the return of the goods shall be paid by the Customer unless special arrangements have been made with Golf Warehouse.
4. Reservation of Title
Goods supplied to the Customer by Golf Warehouse shall remain the property of Golf Warehouse until paid for in full. Until payment, all goods supplied to a Customer may be sold by the Customer as agent for Golf Warehouse and the proceeds held for and on behalf of Golf Warehouse. Notwithstanding these terms and conditions, upon default by the Customer in the trading terms or upon the Customer’s bankruptcy, liquidation or compromise for the benefit of its creditors it is hereby agreed that the Customer gives Golf Warehouse the right to enter upon the Customer’s premises and obtain the goods delivered at the expense of the Customer.
Prices are subject to alteration without notice. Goods shall be invoiced at price current at date of despatch.
6. Withholding of Supply
Subject to all applicable laws, Golf Warehouse shall be under no obligation to provide goods and services to the Customer unless Golf Warehouse has notified the Customer of its acceptance of the Customer’s order. Without derogating from the above, Golf Warehouse reserves the right to withhold any or all future supplies whilst the Customer’s account is outside the above trading terms. Golf Warehouse reserves the right to charge interest on overdue accounts at 2% above the prevailing base lending rate quoted by BNZ Bank. Interest will accrue daily.
7. Exclusion of Liability
Subject to any applicable legislation, these terms of supply state:
(i) the entire liability of Golf Warehouse to the Customer; and
(ii) the extent of Golf Warehouse liability for any Claim.
Golf Warehouse does not exclude or limit the application of any provision of any statute(including the Trade Practices Act 1974) where to do so would contravene that statue or cause any part of this agreement to be void (“Non – excludable Condition”). Golf Warehouse total liability to the Customer:
(i) for a breach of an express term of these terms of supply is limited to refunding the amount paid by the Customer for the Goods or Services in respect of which the breach occurred; and
(ii) for a breach of Any Non-excludable Condition (other than one implied by s69 of the Trade Practices Act 1974) is limited, at Golf Warehouse option, to any one of supplying, repairing or replacing, or paying the cost of supplying, repairing or replacing the Goods or supplying again, or paying the cost of supplying again the Services in respect of which the breach occurred.
To the extent permitted by law, Golf Warehouse will not be liable to the Customer or any other person under any circumstances for any loss of use, profit, revenue, interest, goodwill or for any injury or death to any person, or any indirect, incidental or consequential damages sustained or incurred by the Customer, whether such liability arises directly or indirectly as a result of:
(i) any negligent act or omission or wilful misconduct of Golf Warehouse or its employees or agents;
(ii) the supply, performance or use of any goods or services; or
(iii) any breach by Golf Warehouse of its obligations under these terms or any relevant contract. Golf Warehouse shall be entitled to terminate any the whole or any part of any order for goods or services which has been previously accepted by Golf Warehouse if Golf Warehouse becomes aware that it shall be unable to satisfy the order within a reasonable time, without compensation to the Customer. The Customer acknowledges that the inclusion of any goods or services in any catalogue or any list of goods and/or services shall not constitute a representation or warranty that such goods or services shall be available for supply at any time.
8. Credit Assessment
8.1 Subject to Golf Warehouse obligations under the Privacy Act 1988 and other applicable laws, if goods are to be supplied to the Customer on Credit, the Customer authorises Golf Warehouse to give the information referred to in clause 8.2 to a credit reporting agency to obtain a consumer credit report about the Customer or to allow the credit reporting agency to create or maintain a credit information file about the Customer. The Customer agrees that Golf Warehouse may disclose a credit report about it to any credit provider, debt collecting agency or Golf Warehouse insurers for the purposes of assessing the Customer’s creditworthiness or to collect any overdue payments (as the case may be).
8.2 The Customer authorises Golf Warehouse to disclose the following information in connection with clauses 8.1:
(i) The Customer’s name and address;
(ii) Credit limits on the Customer’s accounts;
(iii) The amount of any payments which are overdue for at least 60 days;
(iv) Where an overdue payment has been previously reported, advice that the payment is no longer overdue;
(v) Cheques or credit card payments which have been dishonoured;
(vi) Information that, in the opinion of Golf Warehouse the Customer has committed a serious credit infringement; and
(vii) Information that Golf Warehouse has ceased to supply the goods and services to the Customer
8.3 The Customer authorises Golf Warehouse to obtain information about the Customer from any business which provides information (including the references supplied by the Customer) about the commercial credit worthiness of persons.
8.4 Golf Warehouse may at any time refuse to supply goods and services to the Customer on credit on the basis of Golf Warehouse credit assessment of the Customer in Golf Warehouse sole and unfettered discretion.
9.1 The Customer authorises Golf Warehouse to collect, use, and disclose information about the Customer of the kind referred to in clause 8.2 for the various purposes, including to:
(i) Assess credit worthiness as outlined in clause 8;
(ii) Supply the goods and services to the Customer and the management of the Customer’s accounts
(iii) Communicate with the Customer about the goods and services which Golf Warehouse or its partners or affiliates may provide to the Customer;
(iv) implement these Terms and any sales contracts; and
(v) comply with relevant laws
9.2 Golf Warehouse, at the written request of the Customer, will:
(I) provide the Customer with access to any personal information relating to the Customer held by Golf Warehouse; and
(II) correct or amend any personal information relating to the Customer held by Golf Warehouse which is inaccurate or out of date.
9.3 Golf Warehouse will handle the Customer’s personal information in accordance with relevant laws.
10. Intellectual Property
The Customer agrees that it shall not infringe the intellectual property rights of Golf Warehouse or its suppliers and that all trademarks, copyright and other intellectual property rights embodied in or in connection with the goods and services and any related documentation, parts or software are the sole property of Golf Warehouse or its suppliers. The Customer further agrees that its use of such intellectual property shall at all times remain at the discretion of Golf Warehouse.
11.1 The Customer acknowledges that Golf Warehouse has disclosed and may from time to time disclose to the Customer certain confidential information and documentation of Golf Warehouse relating to the goods, their marketing, use maintenance and software, including technical specifications (“the Confidential Information”).
11.2 Subject to clause 11.5, the Customer must:
(i) only use the Confidential Information solely for the purposes contemplated under any relevant Sales Contract; and
(ii) not, during the continuation of such Sales Contract or thereafter, disclose (whether directly or indirectly) to any third party the Confidential Information other than is required to carry out such purposes.
11.3 If disclosure of Confidential Information to third parties is necessary, the
Customer will obtain from such third parties binding agreements to maintain in confidence the Confidential Information disclosed at least to the same extent as the Customer is bound to protect Golf Warehouse Confidential Information under this clause 11.
11.4 Upon expiry or termination of any relevant Sales Contract, the Customer must cease to use and must return or destroy (as Golf Warehouse may instruct) Golf Warehouse Confidential Information in its possession or control.
11.5 The provisions of this clause 11 do not extend to any information which is public knowledge or is required to be disclosed by a government authority or by relevant laws.
12.1 Subject to all applicable laws Golf Warehouse may cease to supply goods or services to the Customer and otherwise terminate all agreements and understandings with the Customer at any time in its sole and unfettered discretion without compensation, without prejudice to the rights of any party in respect of any antecedent breach of these terms of supply or any contract.
13.1 Golf Warehouse may amend these terms at any time, by giving the Customer notice by mail, fax or e-mail. By continuing to place orders for goods and/or services, the Customer will be deemed to have accepted the revised Terms.
13.2 Any provision of these terms which is invalid or unenforceable will be read down to the extent necessary, and the remaining provisions will continue unaffected.
13.3 The Customer may not assign or attempt to assign any of its rights and obligations under these Terms.
13.4 Any contract entered into between the Company and the Customer of which these terms of sale form part shall be governed exclusively by the laws of New Zealand.
13.5 Golf Warehouse may subcontract to any person the performance of its obligations under these terms.
I certify that the above information is true and correct and that I am authorised to make this application for credit. I have read and understand the TERMS AND CONDITIONS OF TRADE (above) of Golf Warehouse Limited (Golf Warehouse) which form part of, and are intended to be read in conjunction with this Credit Account Application and agree to be bound by these conditions. I authorise the use of my personal information as detailed in the Privacy Act clause therein and consent to a credit check for the purpose of this application.
I understand that the application process can take up to 2 working days while Golf Warehouse assesses my application. By signing this application, I authorise the details provided above to be passed onto the designated accounts team who may contact us for more information.
The signatories referred to below (“the guarantor”) hereby guarantees to Golf Warehouse Ltd (“Golf Warehouse”) the payment for all goods and/or services delivered or provided to the Customer referred to in the above New Account Application (“the Customer”).
If the guarantor comprises more than one person then the obligations contained in the Deed of Guarantee and Indemnity shall bind each of the guarantors jointly and severally.
This guarantee is a continuing guarantee and in the event that Golf Warehouse compromises all or any part of any debt or liability of the Customer with any one or more of the Customer or any one or more of the guarantors pursuant to this Deed of Guarantee and Indemnity then such compromise shall not be a waiver by Golf Warehouse to recover the total indebtedness to Golf Warehouse from the remaining guarantor or guarantors as the case may be.
The guarantor further acknowledges and agrees that Golf Warehouse reserves the right to alter the terms and conditions of trade with the Customer and that such alteration shall not affect the liability of the guarantor pursuant to this Deed of Guarantee and Indemnity and that this Guarantee and Indemnity shall be a continuing guarantee and indemnity over such altered terms and conditions.
The guarantor hereby declares that all of the information furnished by the Customer to Golf Warehouse in the New Account Application for the Customer is true and correct in every respect.
The guarantors hereby indemnify Golf Warehouse against any loss incurred by Golf Warehouse arising from any breach by the Customer of its terms of supply with Golf Warehouse as varied from time to time and any breach of any warranty or representation contained in this Deed of Guarantee and Indemnity.
WARNING: THIS IS AN IMPORTANT DOCUMENT YOU SHOULD SEE YOUR OWN LAWYER OR ADVISOR BEFORE SIGNING IT