Credit Terms & Conditions

These Credit Terms apply to the provision of credit by Clean Eats Australia ('Supplier') in connection with Goods supplied by the Supplier to the Customer:

1. Purpose for which credit is available
Subject to paragraph 2, credit (if approved) will be made available to the Customer for the purpose of the purchase of Goods by the Customer from the Supplier subject to the Sales Conditions.

2. Commercial Credit
Where the Customer is a natural person, the Customer warrants and declares that the credit provided under the credit account is to be applied wholly or predominantly for business or investment purposes (or for both purposes) and not for personal, domestic or household purposes.

3. Terms and Conditions governing a supply of Goods
3.1 The Customer may order Goods from the Supplier either in writing, by telephone, by electronic means or by such other method as the parties may agree from time to time.
3.2 An order for Goods constitutes an offer to purchase the Goods by the Customer subject to the Sales Conditions. Each order must nominate a delivery point for the Goods.
3.3 The Supplier may at its absolute discretion decline any order either in whole or in part.
3.4 The Supplier may from time to time at its absolute discretion vary the Sales Conditions.
3.5 The price of Goods comprised in an order is to be calculated by reference to the Supplier's current price list and such other terms as may be agreed by the Customer and the Supplier from time to time. The Customer must ensure that they are in possession of the current price list for the Supplier's Goods.
3.6 Acceptance of an order by the Supplier takes effect on delivery (and not before) by the Supplier of the subject Goods to the delivery point nominated in the order. Upon delivery an agreement for the supply of Goods comes into existence between the Supplier and the Customer.
3.7 On or after delivery of the Goods, the Supplier may provide an invoice to the Customer which may reproduce the Sales Conditions for the information of the Customer. The invoice is not a contractual document.
3.8 The Supplier does not undertake to deliver the Goods comprised in an order on any particular date or at any particular time notwithstanding a request by the Customer contained in the order for the Goods or elsewhere.

4. Credit Term
The Customer must pay the Supplier for the Goods no later than the 15th day of the month following the month goods were invoiced. The Credit Term will be notified to the Customer upon approval of the application. The terms of payment are otherwise subject to the Sales Conditions.

5. Credit Limits
Credit limits are as approved by the Supplier at its absolute discretion and notified to the Customer pursuant to the Customer's application provided that the Supplier may vary the credit limits at any time.

6. Credit Variation
The Supplier may, at its absolute discretion, vary these Credit Terms (including the withdrawal of credit) at any time without notice to the Customer.

7. Credit Reports - Privacy Act Notice and Consent
The Customer (and each of its individual directors, partners or proprietors) and each person signing as guarantor of the Customer's obligations under this credit application (each a "Guarantor") acknowledges and agrees that the Supplier and any related bodies corporate:
(a) may give certain information about them to related bodies corporate of the supplier, a credit reporting agency, other credit providers, collecting agencies or legal firms (some being located in foreign countries) in order to obtain a credit report about them or to recover money which is due and payable from them. (The information which may be given is covered by s18E(1) of the Privacy Act 1988 (Cth)(the "Act") and may include, as relevant, identity particulars and the fact that the Customer has applied for credit or the Guarantor has offered to act as a guarantor); and
(b) may, in assessing whether to grant the Customer's credit application or whether to accept the Guarantor as a guarantor, seek and obtain information about them from a credit reporting agency or another credit provider and may give information about them to another credit provider. (The information may include anything about credit worthiness, history, standing or capacity (including information about commercial credit) which credit providers are permitted by the Act to obtain or receive.)

8. Acceleration
If any amount due and payable by the Customer:
(a) under the Sales Conditions or Credit Terms; or
(b) to any related body corporate of the Supplier,
is not paid on time, all amounts actually or contingently owing under the Sales Conditions and Credit Terms, whether or not due and payable, become immediately due and payable.

9. Breach
If the Customer:
(a) breaches the Credit Terms or Sales Conditions;
(b) makes any false representation (whether by act or omission) in respect of the Customer's application for credit, including any false representation (whether by act or omission) in relation to the Customer's financial position; or
(c) becomes subject to the provisions of paragraph 8, then, without limiting any other rights of the Supplier, the Supplier may:
    (i) terminate the Credit Terms; and/or
    (ii) refuse to supply any Goods to the Customer.

10. Other Documentation
The Customer expressly agrees and acknowledges that it is a condition of the Supplier approving the Customer's application for credit that any supply of Goods by the Supplier is subject only to the Sales Conditions. In no circumstances may the Customer introduce or attempt to introduce contractual terms governing such supply which are inconsistent with the Sales Conditions unless the Supplier expressly agrees in writing.

11. Agreement
The Customer has read and agrees to the Credit Terms and warrants that all information provided by the Customer to the Supplier is true, complete and correct. The Customer requests the Supplier to accept this credit application and upon acceptance by the Supplier the Customer agrees to be bound by these Credit Terms and the Sales Conditions.

12. Governing Law
The Supplier and the Customer agree that this agreement and any agreement for the supply of Goods by the Supplier to the Customer is governed by the law of Victoria and agree to submit to the non-exclusive jurisdiction of the Courts in Victoria and any court hearing appeals from those Courts.

13. Waiver
The non-exercise by the Supplier of or delay by the Supplier in exercising any power or right does not operate as a waiver of that power or right, nor does any single exercise of a power or right preclude any other or further exercise of it or the exercise of any other power or right. A power or right may only be waived in writing, signed by the Supplier.