Compass media entertainment
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 COMPASS MEDIA ENTERTAINMENT
ABN: 74 161 467 107 Phone: (02) 4646 1120 Fax: (02) 4648 0244 Email: info@compassdvd.com.au 30 DAY ACCOUNT APPLICATION ORIGINALS NEED TO BE POSTED BACK TO COMPASS MEDIA ENTERTAINMENT TO FINALISE ACCOUNT APPLICATION: Please send to PO Box 10, Camden NSW 2570 COMPANY NAME: TRADING AS: TRADING ADDRESS: SUBURB / TOWN: STATE: POSTCODE: TELEPHONE: FAX EMAIL: INTERNET: SOLE TRADER / PARTNERSHIP / TRUST / COMPANY ABN: NAMES AND ADDRESSES OF PROPRIETORS / PARTNERS / DIRECTORS: NAME 1: ADDRESS: NAME 2: ADDRESS: NEW BUSINESS: YES / NO PERIOD OF TRADING: YEARS. BANK: BRANCH: TELEPHONE: _____________________ CREDIT LIMIT APPLIED FOR: $______________ THREE TRADE REFERENCES: 1. TELEPHONE: ____________________________ 2. TELEPHONE: ____________________________ 3. TELEPHONE: ____________________________ I/we agree that I/we will abide by Compass Media Entertainment Terms of Credit and Conditions of Trading at all times. Signed for and on behalf of (Trading name) By: NAME: TITLE SIGNATURE: DATE: / / TERMS OF CREDIT ANDCONDITIONS OF TRADING1. 30 DAY TERMS 1.1 In these conditions Duke Home Entertainment means Video Sports Pty Ltd, ABN 80 062 257 961 and reference to the customer means the person or company or partnership with which Duke Home Entertainment enters into the contract for the sale of goods and / or the supply of services. 1.2 Once the account has been set-up, the orders placed in the first 3 months are to be prepaid prior to shipment (at Duke Home Entertainment’s discretion). Thereafter, the goods and services supplied by Duke Home Entertainment to the customer must be paid for within 30 days of the month of invoice. Where any customer is overdue with any payment Duke Home Entertainment reserves the right to charge the customer a charge of 1% per calendar month on the overdue account. This charge reflects our banking costs in providing credit to delinquent accounts. 1.3 In the absence of a contrary express written agreement the price for goods supplied shall be the Duke Home Entertainment wholesale list price applying at the date of delivery and the charge for the goods or services shall be the Duke Home Entertainment prevailing rates at the time of delivery. Prices quoted in the published price lists or by Duke Home Entertainment representatives are subject to change without notice. While every effort is made to ensure accuracy of information, Duke Home Entertainment will not take responsibility for errors or omissions. All items are subject to availability and pricing is subject to market fluctuations. 2. PLACING ORDERS 2.1 All orders placed with Duke Home Entertainment are accepted on the basis of the policies and procedures outlined herein. 2.2 All items that are not included in the wholesale price list or those items, which Duke Home Entertainment will inform customers of, are termed "special orders". These special orders are non cancellable and Duke Home Entertainment reserves the right to require an advance deposit. 3. DELIVERY AND RISK While Duke Home Entertainment shall use all reasonable endeavours to meet agreed delivery dates, it shall not be liable to the customer for any loss or damage whatsoever should it be delayed or prevented from delivering goods, supplying services or otherwise performing any of its contractual obligations due to any cause or circumstance of any kind whatsoever. 4. FREIGHT Freight charge of $8.00 + GST applies to all orders under 10 units. Additional charges for express delivery vary according to the urgency and location of the customer. 5. RETENTION OF TITLE Duke Home Entertainment shall retain title in the goods supplied to the customer until it has received payment in full for them. Goods belonging to Duke Home Entertainment shall be stored so they are identifiable as such. Although Duke Home Entertainment retains title to goods supplied until they have been paid for this shall not affect its right as an unpaid seller. Furthermore, if payment is overdue or the customer enters into bankruptcy, liquidation, a composition with its creditors, have a receiver or manager or administrator appointed over all or part of its assets Duke Home Entertainment shall be entitled without prejudice to any other remedy to repossess goods belonging to it and to enter any premises without notice for this purpose. The customer agrees to maintain all proceeds of sale of Duke Home Entertainment goods in a separate account on trust for Duke Home Entertainment. 6. RETURN OF GOODS 6.1 Duke Home Entertainment will accept returns for credit on faulty goods up to 90 days from the date of the order. 6.2 Goods returned for credit must be shipped at the customer’s expense unless otherwise arranged with Duke Home Entertainment. 6.3 Goods returned used or damaged will not be accepted for credit. Returned stock will not be accepted without a return authority identification number, issued by Duke Home Entertainment 6.4 Return Authority is for stock and identification purposes and does not constitute an acceptance of goods for the purpose of credit or replacement. 7. CLAIMS The customer shall inspect all goods supplied upon delivery and Duke Home Entertainment shall not be liable for shortages or other errors in delivery unless the customer submits a claim within seven days of delivery. 8. WARRANTY 8.1 Duke Home Entertainment warrants that goods sold by it are free from defects in materials and workmanship. Liability shall be limited to: (a) In the case of supply of goods, the replacement of the goods. (b) In the case of services, the supply of the services again. 8.2 To the extent permitted by law and subject only to any express exceptions contained in these conditions, Duke Home Entertainment shall under no circumstances be liable in any way whatsoever to the customer for any form of loss, damage or expense sustained or incurred by the customer or any other party in consequence of or resulting directly or indirectly out of the supply of goods or services by Duke Home Entertainment. 9. JURISDICTION The construction, validity and performance of any contract incorporating these conditions should be governed by the laws of the State of New South Wales and the customer shall submit to the jurisdiction of the Courts of that state. 10. COPYRIGHT WARNING It is a copyright infringement to import / export for sale, offer for sale and sell copies of DVDs without the licence of the copyright owner. Legal action will be taken against any person or corporation found infringing this copyright law and damages would be sought through the courts. Duke Home Entertainment titles are licensed for Australia and New Zealand home video use only. DEED OF GUARANTEE I __________________________________ of ________________________________ .and _______________________________ of ________________________________ .hereby jointly and severally guarantee due and punctual payment by the applicant to you of any amount which is now due or owing or which may hereafter become due or owing by the applicant. If the applicant does not pay the amount due to you in accordance with your terms of credit you may treat me as if I were the applicant. Neither the existence of any legal disability nor the granting of any time concession or of any indulgence to nor the making of any composition of nor the waiver of any breach of default nor the neglect or forbearance by you to enforce the terms of credit or these of this guarantee shall be void, release or discharge this guarantee. Dated this ____________________ Day of ___________________ 20_____. Signed, Sealed and Delivered by the said Guarantor in the presence of: _________________________ _________________________ (Witness) (Guarantor) _________________________ _________________________ (print name in full) (print name in full) Dated this ____________________ Day of ___________________ 20_____. Signed, Sealed and Delivered by the said Guarantor in the presence of: _________________________ _________________________ (Witness) (Guarantor) _________________________ _________________________ (print name in full) (print name in full)
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