Business Credit Accounts
We welcome business credit account applications. Please click the button below to download the form, fill it in and send it to us via email or fax and we shall process your business credit account.
Business Credit Account – Terms and Conditions
1. The Contract
The Customer has read and understood, and agrees to, these terms and conditions for the operation, establishment and use of a business credit account (“Account”). 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. If Gateway Express Truck Wash approved the Application, such approval will constitute acceptance of the offer and will create a contract between Gateway Express Truck Wash and the Customer on these terms and conditions (“Contract”)
2. Credit enquiries
For the purpose of considering the Application, and at any time during the term of the Contract the Customer authorises Gateway Express Truck Wash so make such enquiries as Gateway Express Truck Wash may require to be satisfied as to the creditworthiness of the Customer. The Customer agrees to provide signed written authorities addressed to the Customer’s banker or other credit provider, credit bureaux or mercantile agencies as Gateway Express Truck Wash requires from time to time.
3. Minimum Spend Threshold
Gateway Express Truck Wash reserves the right to require the Customer to spend a minimum dollar amount per year to obtain products or services on credit (charged to the Account).
4. Credit Limit
Gateway Express Truck Wash 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 Gateway Express Truck Wash. Gateway Express Truck Wash may, on request in writing by the Customer, agree in writing to increase orthe Account at any time must not exceed the Credit Limit. Gateway Express Truck Wash is not responsible for any loss or damage whatsoever or howsoever caused arising from the refusal by Gateway Express Truck Wash 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 Gateway Express Truck Wash in excess of the credit limit, whether or not demand for payment has been made by Gateway Express Truck Wash.
5. Authorised and unauthorised transactions
The Customer is responsible for and indemnifies Gateway Express Truck Wash against any unauthorised use of the Account. The Customer must notify Gateway Express Truck Wash in writing of any unauthorised transactions on the Account immediately the Customer becomes aware of them. The Customer is not responsible for any unauthorised use of the Account after Gateway Express Truck Wash receives written notification of the unauthorised use.
6. Terms of payment
6.1 The Customer agrees to pay Gateway Express Truck Wash no later than 14 days by Electronic Funds transfer or 21 days by Direct Debit from the date of issue of the tax invoice/adjustment note of the amounts set out therein
6.2 Payment of the amount specified in 6.1 will be in Australian Dollars (AUD).
6.3 Payments may not be made by franking machine imprint.
6.4 Tax invoices/adjustment notes are posted to the Customer at the address specified by the Customer for that purpose in the Application. This is sufficient notice of the amount due under the Account.
6.5 Where the Customer has defaulted in its payment obligations under this Contract, any amounts owing by the Customer to Gateway Express Truck Wash in connection with this Contract may be deducted from any fee payable by Gateway Express Truck Wash to the Customer under any other contract
6.6 Gateway Express Truck Wash will charge certain fees (if applicable) which are detailed at www.gatewayexpresstruckwash.com.au or on request from Gateway Express Truck Wash
7. Proof of supply of products or services
A certificate setting out details of the amount owing and any other matters relating to the Account signed by an officer of Gateway Express Truck Wash is sufficient evidence (in the absence of manifest error) of the supply of products or services by Gateway Express Truck Wash to the Customer. This certificate may be used in court proceedings.
8. Transaction Errors
Any complaint made by the Customer that a transaction recorded on the Customer’s tax invoice/adjustment note is incorrect must be advised to Gateway Express Truck Wash in writing within seven days of the issue of the tax invoice/adjustment note. If this does not occur, the transactions recorded in the tax invoice/adjustment note are taken to be correct. 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 6.1
9. Security for performance of the Contract
9.1 Bank guarantee
The customer may be required to provide to Gateway Express Truck Wash (either prior to the approval of the Application or during the term of the Contract), a bank guarantee (in a form acceptable to Gateway Express Truck Wash) to secure the Customer’s performance of the Contract.
9.2 Personal Property Securities Act (PPSA)
If Gateway Express Truck Wash determines that this Contract (or a transaction in connection with it) is or creates a security interest for the purposes of the PPSA, the Customer agrees to do all things which Gateway Express Truck Wash considers necessary for the purposes of registering its security interest, including providing consents, signing and producing documents or supplying information.
9.3 Other forms of security
As a term of its approval of the Application (or at any time during the term of the Contract), Gateway Express Truck Wash may require the Customer to provide other security for performance under the Contract. For example, if the Customer if a company, a guarantee (in a form acceptable to Gateway Express Truck Wash) may be required from each director or shareholder of the Customer or any other person including the spouse or relative of that director or shareholder or from any associated or related entity of the Customer
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 Gateway express Truck Wash 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.
The Customer acknowledges that Gateway Express Truck Wash 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.
The customer indemnifies Gateway Express Truck Wash against liability, loss, costs, charges and expenses Gateway Express Truck Wash suffers in connection with the Contract or the Account
12. Changes in Address and other particulars
The customer must notify Gateway Express Truck Wash within seven (7) 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 occurrences of any of these changes, the Customer’s obligations under the contract continue. However, Gateway Express Truck Wash may require a new application to be executed. Nothing in this clause affects Gateway Express Truck Wash’s right to terminate or suspend the Account under clause 13.2 (d) or to refuse the Customer (or its successor) approval to operate a new Account
13.1 Gateway Express Truckwash may, in its sole discretion and without requiring any reason to do so, at any time, suspend or terminate the Customer’s Account on seven (7) days written notice to the Customer
13.2 Customer acknowledges that Gateway Express Truck Wash may suspend or terminate the Contract immediately (with or without written notice) if;
(a) Gateway Express Truck Wash 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 the Customer’s Account exceeds the Credit Limit at any time without the prior written approval of Gateway Express Truck Wash; or
(c) any amount charged to the Account is due and unpaid (amounts disputed in clause (8) are not considered due until the dispute is rectified); or
(d) in the opinion of Gateway Express Truck Wash any change of 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; 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
(f) the Customer uses the Account for any non-commercial purposes including, without limitation, for personal, domestic or household purposes; or
(g) the Customer is otherwise in default under this Contract.
13.3 If Gateway Express Truck Wash suspends or terminates the Account under wither clauses 13.1 or 13.2, the balance of theAccount and any amounts incurred but not then billed are immediately due and payable by the Customer to Gateway Express Truck Wash. The Customer must pay to Gateway Express Truck Wash any amount reasonably incurred or expended by Gateway Express truck Wash in exercising its right under the Contract as a result of default by the Customer or as a result of any circumstance referred to in clause 13.2.
Notices served under the Contract may be delivered by post, or by facsimile to:
. the Customer – at the postal or facsimile address provided in the Application or notified in writing by the Customer to Gateway Express Truck Wash in accordance with clause 12;
. Gateway Express Truck Wash – at its State head office as advised to the Customer in the approval.
Notice is taken to be given.
(a) In the case of ordinary post in accordance with Australia Post’s published delivery standards for postal articles between the place of posting and the place of receipt; or
(b) In the case of facsimile, the business day following the date of transmission provided that the sender has received confirmation receipt.
Gateway Express Car Wash may vary the terms and conditions of the Account with respect to future transactions between Gateway Express truck Wash and the Customer
(a) byagreement between Gateway express Truck Wash and the Customer; or
(b) unilaterally by Gateway Express Truck Wash giving to the Customer not less than seven days prior written notice specifying the variation and the date on which the variation becomes effective.
Notice of the variation under this clause need not be sent separately and maybe sent with the CustomersStatement of Account or as part of any other correspondence.
The customer must not assign the Contract without the consent in writing of Gateway Express Truck Wash which it may withhold in its absolute discretion
Failure by Gateway Express Truck Wash to enforce its obligations under the Contract does not constitute
waiver of Gateway Express Truck Wash’s rights unless it is in writing, nor does it affect the obligation of the Customer to make any further payments as and when they fall due
18. Governing laws
The contract is made in the State in which the Customer lodges the Application and is governed by the laws in force in that state