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Donarch Fine Chocolate

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Business Details

Business Address

Postal Address (If applicable)

A little bit about your business

Payment Terms

Note: If you elect to have an account setup then a credit application will follow

This should not exceed two months of expected purchases

Business Credit Account Application

Details of sole trader / partners / directors or trustees

Contact 1

Current Residential address

Contact 2 (If applicable)

Current Residential address

Business Credit Account Application

Trade / business references

Referee 1

Referee 2

Business Credit Account Application

Business Credit Account Terms and Conditions

  1. The contract
    1. The Customer acknowledges and agrees that it has read and understood, and agrees to, these terms and conditions for the operation, establishment and use of a business credit account (“Account”).
    2. The execution of the application for an Account (“Application”) constitutes an offer by the Customer to acquire and use an Account on the terms and conditions set out in this document.
    3. If Donarch Fine Chocolate approves the Application, such approval will constitute acceptance of the offer and will create a contract between Donarch Fine Chocolate and the Customer on these terms and conditions (“Contract”).
    4. The parties acknowledge and agree that the Account may be used as a means for transacting payments and other amounts payable by the Customer to Donarch Fine Chocolate for the provision of a range of goods or services provided by Donarch Fine Chocolate.
  2. Credit limit
    1. Donarch Fine Chocolate specifies the maximum (GST – inclusive) amount that may be charged to the Account over a particular period (“Credit Limit”). The Customer’s Credit Limit is subject to review at any time by Donarch Fine Chocolate. Donarch Fine Chocolate may, on request in writing by the Customer, agree in writing to increase or decrease the Credit Limit. The balance of the Account at any time must not exceed the Credit Limit. Donarch Fine Chocolate is not responsible for any loss or damage whatsoever or howsoever caused arising from the refusal by Donarch Fine Chocolate to supply the Customer with any products or services on credit because the Credit Limit has been exceeded. The Customer agrees to immediately pay the amounts charged to the Account for any products or services supplied by Donarch Fine Chocolate in excess of the Credit Limit, whether or not demand for payment has been made by Donarch Fine Chocolate.
  3. Authorised and unauthorised transactions
    1. The Customer is responsible for and indemnifies Donarch Fine Chocolate against any unauthorised use of the Account. The Customer must notify Donarch Fine Chocolate in writing of any unauthorised transactions on the Account immediately after the Customer becomes aware of them. The Customer is not responsible for any unauthorised use of the Account after Donarch Fine Chocolate receives written notification of the unauthorised use.
  4. Terms of payment
    1. The Customer agrees to pay Donarch Fine Chocolate no later than 30 days from the date of issue of the tax invoice/adjustment note of the amounts set out therein.
    2. Payment of the amount specified in 2.1 will be in Australian Dollars (AUD).
    3. Tax invoices/adjustment notes are delivered to the Customer at the address specified by the Customer for that purpose in the Application.
    4. Where the Customer has defaulted in its payment obligations under this Contract, any amounts owing by the Customer to Donarch Fine Chocolate in connection with this Contract may be deducted from any fee payable by Donarch Fine Chocolate to the Customer under any other contract.
  5. Proof of supply of products or services
    1. A certificate setting out details of the amount owing and any other matters relating to the Account signed by a manager of Donarch Fine Chocolate is sufficient evidence (in the absence of manifest error) of the supply of products or services by Donarch Fine Chocolate to the Customer. This certificate may be used in court proceedings.
  6. Transaction errors
    1. Any complaint made by the Customer that a transaction recorded on the Customer’s tax invoice / adjustment note is incorrect must be advised to Donarch Fine Chocolate in writing within seven days of the issue of the tax invoice / adjustment note. If this does not occur, the Customer will be assumed to have accepted the transactions recorded in the tax invoice/adjustment as correct (absent any manifest error). If part of the amount set out in the tax invoice / adjustment note is in dispute, the Customer agrees to pay the undisputed amount within the time period specified in clause 4.1.
  7. Warranties
    1. The Customer warrants that:
      • (a)all statements made and documents provided in connection with the Application and all representations that the Customer has made or may make during the term of the Contract to Donarch Fine Chocolate are true and correct; and
      • (b) the Account is required for the Customer’s business or commercial purposes and will not be used for personal, domestic or household purposes.
    2. The Customer acknowledges that Donarch Fine Chocolate relies on the correctness of these warranties in approving the Application and continues to rely on these warranties in its further dealings with the Customer.
  8. Indemnity
    1. The Customer indemnifies Donarch Fine Chocolate against any liability, loss, costs, charges and expenses Donarch Fine Chocolate suffers in connection with the Contract or the Account, except to the extentarising directly as a result of fraud or wilful misconduct on the part of Donarch Fine Chocolate.
  9. Changes in address and other particulars
    1. The Customer must notify Donarch Fine Chocolate within seven days of any change in the constitution, ownership, membership or control of the Customer, or any change or proposed change in the Customer’s address. Despite the occurrence of any of these changes, the Customer’s obligations under the Contract continue. However, Donarch Fine Chocolate may require a new application to be executed.
  10. Termination / Suspension
    1. Donarch Fine Chocolate may, acting reasonably, at any time suspend or terminate the Customer’s Account on seven days’ written notice to the Customer.
    2. Donarch Fine Chocolate may suspend or terminate the Contract immediately by written notice to the Customer where
      • (a) Donarch Fine Chocolate was induced by fraudulent misrepresentation on the Customer’s part to approve an application for any account with the Customer; or
      • (b) the amount charged to a Customer’s Account exceeds the Credit Limit at any time without the prior written approval of Donarch Fine Chocolate; or
      • (c) any amount charged to the Account is due and unpaid (amounts disputed in accordance with clause 8 are not considered due until the dispute is rectified); or
      • (d) in the reasonable opinion of Donarch Fine Chocolate any change in circumstances, including, without limitation, changes in the Customer’s constitution, ownership, membership, control status or ability to provide security for payment of amounts which have or are likely to be charged to the Account, makes the continuance of the Contract undesirable or unsatisfactory; or
      • (e) the Customer becomes, threatens or resolves to become or is in jeopardy of becoming subject to any form of insolvency administration
      • (f) the Customer being a partnership dissolves, threatens or resolves to dissolve or is in jeopardy of dissolving; the Customer being a natural person, dies; or the Customer ceases or threatens to cease conducting business in the normal manner; or
      • (g) the Customer uses the Account for any non-commercial purposes including, without limitation, for personal, domestic or household purposes; or
      • (h) the Customer is otherwise in default under this Contract.
    3. The customer may terminate this Contract by not less than seven days’ prior written notice to Donarch Fine Chocolate.
    4. If Donarch Fine Chocolate suspends or terminates the Account under either clauses 10.1 or 10.2, or the Customer terminates this Contract under clause 10.3, the balance of the Account and any amounts incurred but not then billed shall become due and payable by the Customer to Donarch Fine Chocolate.
    5. If Donarch Fine Chocolate suspends or terminates the Account under clauses 10.2(a), (b), (c), (e), (f) or (g), or the Customer terminates this Contract under clause 10.3, the Customer must also pay to Donarch Fine Chocolate any amounts reasonably incurred or expended by Donarch Fine Chocolate in exercising its rights under the Contract; (b) If Donarch Fine Chocolate suspends or terminates the Account under clauses 10.1 or 10.2(d), the Customer must also pay to Donarch Fine Chocolate any amounts directly and necessarily incurred by Donarch Fine Chocolate in connection with the suspension or termination. For the purposes of this clause 10.5(b), the Customer may request a written summary of the amounts incurred by Donarch Fine Chocolate.
  11. Notice
    1. Notices served under the Contract may be delivered by post, or by email to:
      • (a) the Customer - at the postal address provided in the Application or notified in writing by the Customer to Donarch Fine Chocolate in accordance with clause 9;
      • (b) Donarch Fine Chocolate - at its head office as advised to the Customer in the approval.
    2. Notice is taken to be given.
      • (a) in the case of ordinary post, in accordance with Donarch Fine Chocolate’s published delivery standards for postal articles between the place of posting and the place of receipt.
  12. Variation
    1. Donarch Fine Chocolate may vary the terms and conditions of the Account with respect to future transactions between Donarch Fine Chocolate and the Customer:
      • (a) by agreement between Donarch Fine Chocolate and the Customer; or
      • (b) unilaterally by Donarch Fine Chocolate giving to the Customer not less than seven days’ prior written notice specifying the variation and the date on which the variation becomes effective.
    2. Notice of the variation under this clause need not be sent separately and may be sent with the Customer’s statement of account or as part of any other correspondence.
  13. Assignment
    1. The Customer must not assign the Contract without the consent in writing of Donarch Fine Chocolate, which shall not be unreasonably withheld
  14. Waiver
    1. Failure by either party to enforce its obligations under the Contract does not constitute waiver of that party’s rights unless it is in writing, nor does it affect any other obligation of the other party, including obligations to make any further payments as and when they fall due.
  15. Governing law
    1. The Contract is made in the state of New South Wales and is governed by the laws in force in that state

Account Application

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Business Purpose Declaration Statement

The consumer credit laws regulate credit provided to individuals wholly or predominantly for personal, domestic or household purposes, and require lenders, among other things, to hold an Australian Credit Licence and comply with a range of obligations intended to protect consumers. These obligations include requirements in relation to the form and content of the credit contract, making a range of disclosures before the contract is entered and while it is in effect, responsible lending obligations to enquire as to whether the loan is ‘not unsuitable’ for the borrower, and access to internal and external dispute resolution measures, among other things. These laws do not apply to credit for which there is no charge, or to any borrowing by a company or that is wholly or predominantly for business purposes. Donarch Fine Chocolate does not hold an Australian Credit Licence, and does not offer credit to consumers or for personal domestic our household purposes.

Signature of Customer

On behalf of the business nominated in this application as the purchaser of services and products from Donarch Fine Chocolate, I being the duly authorised officer(s) have read and agree to accept the terms and conditions for the operation, establishment and use of an account and hereby apply for the establishment of an account. I warrant that the information provided by me in this application is true and complete.