Trade Reference 1

Trade Reference 2

Trade Reference 3

CREDIT ACCOUNT APPLICATION FORM

Supplied by Westhaven Dairy Pty Ltd (A.C.N. 158338482) hereafter referred to as Westhaven Dairy.

PRIVACY ACT ACKNOWLEDGEMENT & CONSENT

I/We understand that Section 18E(8)(c) of the Privacy Act permits Westhaven Dairy to provide a credit reporting agency with certain personal information about me/us which I/we authorise Westhaven Dairy to do.

I/We acknowledge the personal information collected about me/us is collected primarily for the purpose of considering my/our application for credit and for administering the relationship between Westhaven Dairy and me/us.

I/we authorise Westhaven Dairy to obtain from a credit reporting agency, a credit report containing personal and/or commercial credit information about me/us to assess my/our application for commercial credit, and also to collect overdue payments.

I/We authorise Westhaven Dairy, to give and obtain from credit providers named in this credit application, and credit providers that may be named in a credit report issued by a credit reporting agency, information about my/our credit arrangements.

I/We acknowledge that Westhaven Dairy may disclose information about me/us including my/our credit worthiness or credit history to other credit providers to assess an application by me/us for credit, to notify them of any default by me/us and to inform other credit providers who allege I/we are in default with them.

I/We acknowledge that Westhaven Dairy may also disclose the personal information collected about me/us in the following circumstances:

• To a contractor of Westhaven Dairy under an outsourcing arrangement but only where the contractor is committed to meeting the same privacy obligations as those binding on Westhaven Dairy.

• To Westhaven Dairy’s related entities.

• To any person reasonably necessary for the purposes of that person taking an assignment of any contract Westhaven Dairy has with me/us.

I/We acknowledge that Westhaven Dairy may disclose a credit report that is or has been in its possession containing my/our personal information or information derived from that report, to a person who is a guarantor or to a person for the purpose of that person considering whether to offer to act as guarantor in respect of:

• credit given by Westhaven Dairy to me/us; or

• credit for which I/we have applied to Westhaven Dairy.

I/We acknowledge that Westhaven Dairy may not be able to process this application without this information.
I/We acknowledge that Westhaven Dairy may give a credit reporting agency certain personal information about me/us at any time after the making of this application. I/We acknowledge that if I/we apply for additional credit from time to time, this disclosure and consent statement applies to each application.
I/We acknowledge that at any time upon request I/we may gain access to the information that Westhaven Dairy hold about me/us in accordance with the Privacy Act 1988 (Cth) and the National Privacy Principles (NPP’s).

TERMS AND CONDITIONS OF SUPPLY OF GOODS

Upon the supplier approving this application the Applicant agrees:

1. I/we agree to pay for all goods within 7 days from the end of the week in which the goods were purchased. In case of Payment Default the Company may in addition charge an administration fee at the rate being twelve percent (12%) per annum calculated from the date of purchase, or other such rate as may be notified in writing from time to time, from the Due Date until payment has been made.

2. I/we understand that the Supplier shall be at liberty to withdraw or suspend account facilities offered to the applicant at any time without prejudice to any other right the Supplier may have and without being liable for consequences.

3. I/we will be liable for all costs, charges, commission fees and disbursements incurred by the supplier in recovery of any unpaid account.

4. I/we will notify the supplier in writing no later than 14 days prior to any change of ownership of the intended change. Failure to do so could result in me/us being responsible for future debts.

5. I/we hereby charge in Westhaven Dairy’ favour payment of all monies owed to Westhaven Dairy by me/us, all my estates, interest in any land and/or other asset whether tangible or intangible in which I have any legal and/or beneficial interest and/or in which I later acquire any such interest, by way of security.

6. RESERVATION OF TITLE:

(A) Goods supplied by Westhaven Dairy will at all times remain the property of Westhaven Dairy until paid for in full. (B) In the event that the final payment is not received by the due date Westhaven Dairy or their agents reserves the right to enter the property where the goods relating to the invoice are stored, in order to seize and take possession of the said goods, without penalty and without becoming liable for any costs or losses incurred by the customer as a result of the goods being so taken. (C) Westhaven Dairy further reserves the right to dispose of the goods so recovered and apply the proceeds of such disposal against the outstanding amount. The customer will remain liable for the balance of the account should any still remain after this set off. (D) Should the goods be converted into other goods Westhaven Dairy retain ownership in those converted goods.

If you do not understand any of the terms and/or conditions of this account, you should seek independent legal advice prior to making the application.

I/WE AGREE TO TRADE UNDER THE TERMS AND CONDITIONS OF WESTHAVEN DAIRY AND CONFIRM THAT THE ABOVE INFORMATION IS TRUE AND CORRECT. WE FURTHER AGREE TO PERSONALLY GUARANTEE TO PAY ANY OVERDUE AMOUNTS ON DEMAND.

DIRECTOR / OWNER SIGNATURE