I / we as the Customer represent and warrant to the Company that this information is true and correct to the best of my / our knowledge. I / we consent being contacted to gain trading information and acknowledge that the Company has informed us, in accordance with the Privacy Act 1988 that certain personal information may be shared with credit providers and others. I / we the undersigned, accept the Terms and Conditions of the Company as provided with this application and as varied and displayed on the company website, https://www.singleestate.com.au/ (Website), and agree same will be incorporated by reference.
I / we as the Customer acknowledge reading the Terms and Conditions before signing this form. The Terms and Conditions may be varied without written notice by changing the current version on the Website. Credit is approved subject to these representations and warranties and at the discretion of the Company and may be withdrawn at any time.
- In consideration of the Company granting to the Customer credit on the Terms and Conditions (which may be amended by the Company from time to time without reference to the Guarantor(s)) and/or the Customer being currently indebted and the Company agreeing not to require immediate payment, the Guarantor(s) agree that upon demand they will make immediate payment of all and any moneys which are now or at any time become payable to the Company by the Customer. The Guarantor(s) liability shall be for all moneys and not be limited to any amount and the Company will not be obligated to exercise any security or other remedy in priority to or in conjunction with a claim under this agreement.
- The obligations shall be enforceable against any of the Guarantors who have signed notwithstanding that any other person anticipated to sign has not or for any reason any of the other named Guarantor(s) are for any reason discharged or released from or have settled their obligations.
- It is also agreed as between the Company and the Guarantor(s), the Guarantor(s) shall be a principal debtor and be liable jointly and severally to the Company as if the Guarantor(s) incurred the debt. The Company shall have no obligation to pursue the Customer before, with or at all, before enforcing this agreement.
- Where there is more than one named Guarantor they shall be jointly and severally liable.
- The Customer and/or the Guarantor(s) shall not be released from any liability whatsoever by any indulgence, granting of time, waiver, compromised, settlement, release, breach of contract by the Company, exceeding of any credit limit, cancellation of credit, refusal to supply, amendment to the Terms and Conditions, or terms of credit or supply, forbearance to sue or any other act, omission, matter or thing which would otherwise affect or limit or discharge the liability of the Customer or Guarantor(s) (or any one of them) or personal representatives of any of the Guarantor(s) and/or the Customer. These reservations apply generally.
- The obligations herein shall be continuing obligations and without limiting the forgoing, shall not be satisfied or discharged by the Customer’s account at any time or times coming into nil or credit balance or the winding up, liquidation, dissolution, death or bankruptcy or compromise or settlement of covenant with or release of the Customer and/or the Guarantor(s) or any one of or more of them but shall continue in full force and effect. Resignation as a director or sale of shares shall not constitute a release of the obligations herein.
- For the purpose of securing payment to the Company the Guarantor hereby charges all of their real and personal property (including all property acquired after the date of this contract) whatsoever in favour of the Company with the payment of all sums of money, whether present, future or contingent, to which the Guarantor may become liable to pay the Company. The Guarantor hereby irrevocably appoints the Company and any person nominated by the Company the attorney of the Guarantor with power to execute, sign, seal and deliver such mortgage or other document to give effect to this security.
- I / we confirm that the information provided is true and correct and hereby agree and authorise the Company to obtain any information from a third party for the purpose of credit assessment.
Single Estate Cannabis Pty Ltd ACN 630 154 657 (we/us) agrees to provide you with the Goods on the following terms and conditions.
In these Terms and Conditions:
Contract means this contract including the front pages and these Terms and Conditions.
Customer has the meaning given on the front page of this Contract.
Default Rate means the rate of interest equal to the Westpac Banking Corporation Indicator Lending Rate
on amounts over $100,000 plus 2% per annum.
EFT means electronic funds transfer.
EOM means end of month.
Goods means the goods specified in the Order.
GST means goods and services tax.
GST Act means a New Tax System (Goods and Services Tax) Act 1999 (Cth).
Order means any order submitted by you which is deemed to be made pursuant to these Terms and Conditions.
PPSA means Personal Property Securities Act 2009 (Cth).
PPSR has the same meaning as in the PPSA.
Purchase Price means:
- the price of the Goods as agreed between the parties or where there is no amount specified in the Order or on the Website any such amount as is charged by the Company as at the date of the Order for similar goods in similar quantities (whether published on its Website or otherwise); and
- any costs payable in connection with the delivery of the Goods (which costs will include but not be limited to any delivery and freight charges, insurances and any other charges, duties, taxes, fees or expenses incurred in connection with the purchase or delivery of the Goods).
Site means the address for delivery of the Goods as shown on the front page of this Contract.
Tax Invoice has the same meaning as in the GST Act.
Terms and Conditions means these terms and conditions including this dictionary.
we or us means Single Estate Cannabis Pty Ltd ACN 630 154 657.
Website means https://www.singleestate.com.au/
you means the Customer.
You accept the Purchase Price by placing an Order. If you place an Order you agree to these Terms and Conditions. These Terms and Conditions can only be varied if we agree in writing.
The Company reserves the right to charge any amounts owing by you to us to your nominated credit card without formal notice to you.
- Any delivery times made known to you are estimates only. We will not be liable for any late delivery and we will not be liable for any loss, damage or delay occasioned to you or any other persons arising from late delivery.
- Freight costs and any other costs of delivery are (unless expressly stated) not included in the Purchase Price and will be invoiced to you once these are known.
- We will deliver to the Site. We will advise you prior to delivery and it will be your responsibility to provide safe all weather vehicular access to a level area for the truck to unload the Goods. It is necessary that at least 1 adult is available on Site during the process of unloading. Please note that you must have insurances in place prior to delivery as the risk passes to you on delivery.
- The Purchase Price is (unless otherwise stated) payable on or before the delivery of the Goods.
- In the event that we agree to provide you credit (after your first Order) that credit will be for a maximum of 14 days.
- If at any time moneys are overdue and owing we reserve the right to charge both in accordance with clause 3 and with interest at the Default Rate on any moneys due but unpaid, calculated daily from the due date for payment until payment is received as cleared funds.
- Unless expressly included, the consideration for any supply under or in connection with these Terms and Conditions does not include GST.
- To the extent that the supply of the Goods is a taxable supply the recipient must pay, in addition to the consideration provided under this document for that supply (unless it expressly includes GST) an amount (additional amount) equal to the amount of that consideration (or its GST exclusive market value) multiplied by the rate at which GST is imposed in respect of the supply. The recipient must pay the additional amount at the same time as the consideration to which it is referable.
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Whenever an adjustment event occurs in relation to any taxable supply to which this clause applies:
- the supplier must determine the amount of the GST component of the consideration payable; and
- if the GST component of that consideration differs from the amount previously paid, the amount of the difference must be paid by, refunded to or credited to the recipient, as applicable.
- The supplier must issue a Tax Invoice to the recipient of a supply to which this clause applies no later than 7 days following payment of the GST inclusive consideration for that supply under that clause.
- We will retain full legal and equitable title in the Goods until such time as the whole of the Purchase Price has been received in cleared funds by us.
- Until such time as the Purchase Price has been paid in full we may enter the site (or any other premises where the Goods are located) without liability for trespass or any resulting damage and re-take possession of the Goods.
- If the Goods are re-sold by you, you must hold such part of the proceeds of sale as represents the invoice price of the Goods in a separate identifiable account as our beneficial property and pay such amount to us on request.
- Despite clauses 7(a), 7(b) or 7(c) we will be entitled to maintain an action against you for the Purchase Price.
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You acknowledge and agree that we have:
- a Security interest under s 12(1) of the PPSA in the Goods upon entering into this Contract and until the Purchase Price has been paid in accordance with clause 7(a);
- a Purchase Money Security Interest in the Goods under s 14 of the PPSA which we are entitled to enter onto the PPSR prior to delivering the Goods to you; and
- a Security Interest under s 31 of the PPSA in the proceeds of any sale or if you deal with the Goods before the payment of the Purchase Price in accordance with clause 7(a).
Risk in the Goods will pass to you once the Goods are within your possession or control (whether on delivery, or earlier).
- Except as may be set out in this Contract, we make no express warranties or representations in relation to the Goods or its delivery.
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To the full extent permitted by law:
- we exclude all implied warranties and conditions under statute or general law as to merchantability, description, quality, suitability, fitness for purpose or otherwise;
- we will not be liable for loss of profit, indirect, consequential or incidental loss, damage or injury in connection with the Goods;
- we limit our liability in connection with the Goods (however arising, whether in tort, contract or otherwise) at our option to: (A) replacement of the Goods or the supply of its equivalent; (B) repair of the Goods; (C) paying for the cost of replacing the Goods or acquiring its equivalent; and (D) paying for the cost of having the Goods repaired; and
- however, nothing in this clause will prevent you from exercising any rights which you may have under the Competition and Consumer Act, 2010 or any other law which cannot by law be excluded or modified by agreement.
You must make any claim whatsoever within 3 months of the date of delivery of the Goods. You agree to waive the right to make any claim whatsoever against the Company after that date.
- any moneys due and payable by you are in arrears for 7 days regardless of whether or not written demand has been made by us; or
- you default in complying with any condition or stipulation contained in these Terms and Conditions and such default is not cured within 7 days of service of a written notice by us on you; or
- there is evidence that you become unable to pay your debts to any person as they become due.
A party is not liable for any failure or delay in performing an obligation under this Contract (or any collateral arrangements) if it is due to a cause reasonably beyond the control of that party and that party has used its best endeavours to perform on time despite the cause. Without limiting this clause, such an event shall include the inability of the Company to supply the ordered product due to unavailability.
- No waiver by us of any default, breach or repudiation by you will affect our rights in respect of any further or continuing default, breach or repudiation.
- These Terms and Conditions supersede and replace any arrangements, representations, understandings or agreements made or existing between you and us and (except as otherwise may be agreed in writing) constitute the entire agreement relating to the supply of the Goods.
- These terms and conditions will be construed in accordance with the laws of New South Wales and the Commonwealth of Australia where applicable.
See Guarantee section above.