Credit Application Terms & Conditions

(Pacific Packaging Australia Pty Ltd)

1. Payment Terms

1.1 Standard payment terms are 30 days from the date of invoice, unless otherwise agreed in writing.

1.2 Invoices must be paid in full by the due date. Failure to pay on time may result in the suspension of supply, withdrawal of credit facilities, or refusal to honour future purchase orders.

1.3 The Buyer agrees to pay all invoices owing to Pacific Packaging Australia Pty Ltd (“the Seller”) on the due date each month for goods and services supplied.

2. Financial Responsibility

2.1 The Buyer warrants that it is solvent, of sound financial standing, and capable of meeting its obligations under these terms.

2.2 The Buyer acknowledges that obtaining credit without the ability to pay constitutes insolvent trading under the Corporations Act 2001 (Cth).

3. Accuracy of Information

3.1 The Buyer warrants that all information provided in this application is true, correct, and not misleading.

3.2 If any information is found to be false, misleading, or materially incomplete, the Seller may immediately suspend or cease supply.

4. Retention of Title

4.1 Title to goods supplied shall remain with the Seller until payment in full has been received.

4.2 Risk in the goods passes to the Buyer upon delivery.

4.3 Until title passes, the Buyer shall hold the goods as bailee and must keep them separate and identifiable.

4.4 In the event of default, the Seller may, without notice, enter the Buyer’s premises and retake possession of goods for which payment has not been received.

4.5 The Buyer grants the Seller a security interest under the Personal Property Securities Act 2009 (Cth) (PPSA) in the goods supplied until payment in full.

5. Notification of Changes

5.1 The Buyer agrees to notify the Seller immediately in writing of any change to:

business structure, directors, partners, or guarantors;
authorised signatories or persons authorised to order goods;
contact details or trading information.

6. Authority

6.1 The signatory to this application, if signing on behalf of a company, partnership or trust, warrants that they have the authority to bind the entity to this agreement.

7. Indemnity

7.1 The Buyer indemnifies the Seller against:

(a) any penalty, loss, cost, liability, or damage suffered by the Seller as a result of the Buyer’s breach of these terms;

(b) all actions, claims, demands, costs, and expenses incurred by the Seller arising directly or indirectly from the Buyer’s default, negligence, or wrongful act.

8. Director’s Guarantee

8.1 Where the Buyer is a corporation or partnership, the directors or partners personally guarantee performance of all obligations under this agreement.

8.2 The directors or partners agree to be personally liable for any claims, losses, damages, costs or expenses arising from the Buyer’s default.

9. Credit Checks & Privacy

9.1 The Buyer authorises the Seller to:

make enquiries with credit reporting agencies, trade references, or any other source to assess the Buyer’s creditworthiness;
exchange information with such agencies or persons as permitted by law.
9.2 This application shall be sufficient authority for the above purposes in accordance with Section 127 of the Corporations Act 2001 (Cth).

10. Governing Law

10.1 These terms are governed by the laws of the State of Victoria, and the parties submit to the non-exclusive jurisdiction of its courts.

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