Terms and conditions of credit

1. In applying for credit with The Trustee for Plumbing Solutions Trust (Trading as Manion Plumbing), I/we (the Customer) acknowledge that any credit (the credit facility) granted following this application will be subject to the terms and conditions stated in this application or as subsequently varied by Manion Plumbing at its discretion and notified to the Customer.

2. Payment terms are “Net 7 Days”, payment being due within 7 days from the date of invoice unless alternative terms are agreed upon by Manion Plumbing in writing.

3. Any credit limit approved by Manion Plumbing and advised to the Customer must not be exceeded. Manion Plumbing periodically reviews its credit limits. The Customer agrees that Manion Plumbing may review and revise the Customer’s credit limit at any time. Manion Plumbing may increase or reduce the Customer’s credit limit at the Customer’s request. Manion Plumbing may also reduce the Customer’s credit limit without request, but Manion Plumbing will not reduce the Customer’s credit limit below the outstanding balance on the account at the time of the reduction without prior communication with the Customer.

4. Manion Plumbing reserves the right to pursue collection of outstanding amounts. Related costs including but not limited to external collection agent fees, legal and court costs may be added to the outstanding amount owed under the credit facility.

5. Manion Plumbing may at any time set-off amounts owed by Manion Plumbing to the Customer from the amounts owed by the Customer to Manion Plumbing. Manion Plumbing will apply payments against the outstanding amounts in the order in which they were incurred.

6. The Customer indemnifies and holds harmless Manion Plumbing and its officers, employees and agents from and against all actions, claims, proceedings or demands which may be brought or made against it or them or any of them in respect of any loss, injury, or damage arising out of any breach of these terms and conditions by the Customer or any negligent act or omission by the Customer and from and against all damages, costs and expenses incurred in defending or settling any action, claim, proceeding or demand arising from such breach, act or omission.

7. The Customer accepts and acknowledges that Manion Plumbing may disclose information disclosed in the course of this credit application to a credit reporting agency.

8. The Customer agrees to Manion Plumbing obtaining personal information from any credit reporting agency or a credit provider for the purpose of assessing any application submitted by or on behalf of the Customer for commercial credit (including information as to creditworthiness); and agrees to that agency or provider providing that information to Manion Plumbing for that purpose.

9. The Customer agrees to Manion Plumbing obtaining from, and provision by, any such credit reporting agency or credit provider further credit reports, which may assist Manion Plumbing in recovering any sums outstanding under the terms of the credit facility to which this application may lead.

10. Manion Plumbing is not liable for any costs incurred in the completing of this form. The Customer is responsible for any stamp duty or other government charges levied on or in connection with this application or any associated credit facility or guarantee.

11. The Customer agrees that it is the responsibility of the Customer to advise Manion Plumbing of any change of address or contact information in writing within a timely manner and no later than 30 days from the date that the change is effective.

12. In the event of a dispute regarding an outstanding amount:

(a) the Customer agrees that the dispute will be dealt with as follows:

(i) the Customer will give Manion Plumbing a written notice setting out the amount and full particulars of the dispute, including the reasons the Customer disputes the amount, and the contact details of a nominated representative with authority to settle the dispute on behalf of the Customer;

(ii) the Customer’s representative and Manion Plumbing will try to settle the dispute by direct negotiation between them;

(iii) the parties will attempt to achieve a speedy resolution; and

(iv) if the parties have been unable to settle the dispute within 28 days either party may commence legal proceedings

(b) the Customer will remain liable for the amount and full payment of all invoices are required by the due date (unless Manion Plumbing otherwise consents in writing); and

(c) this clause does not apply to:

(i) legal proceedings by either party seeking urgent interlocutory relief; or

(ii) any action by Manion Plumbing under clauses 16 to 22.

13. Manion Plumbing may request the Customer to provide general purpose financial reports and other financial information for the assessment of this credit application.

Director’s Guarantee

14. If the Customer is a body corporate, Manion Plumbing may at any time before or during the operation of the credit facility require one or more of the Customer’s directors and/or officers to guarantee repayment of the credit facility. If a director/officer who has provided such a guarantee vacates their office, the Customer must notify Manion Plumbing in writing within 14 days.

Confidentiality of the Applicant’s information

15. Except as required by law, Manion Plumbing will only use or disclose the Customer’s personal information as necessary for the assessment and administration of the credit facility - for example, to accounts receivables staff or to external auditors.

Termination, Suspension and Default

16. In the event that full payment is not received by the due date the credit facility may be suspended or cancelled without notice. Reinstatement of credit terms after any suspension will be at the discretion of Manion Plumbing.

17. The Customer acknowledges that Manion Plumbing may suspend or terminate the credit facility immediately (with or without written notice), if the Customer:

(a) obtains credit by fraud, dishonesty or omission; or

(b) allows the amount of a monthly statement to remain unpaid for more than 30 days from its due date; or

(c) breaches any of these terms and conditions; or

(d) being an individual, commits an act of bankruptcy; or

(e) being a body corporate, becomes externally administered; or if:

(f) Manion Plumbing believes that the continued use of the credit facility may cause loss or damage to the Customer or Manion Plumbing; or

(g) in the opinion of Manion Plumbing 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 credit facility, makes the continuance of the application undesirable or unsatisfactory; or

(h) where one or more persons guarantee the Customer’s obligations under the credit facility - that person or those persons withdraws his, her or their guarantee.

18. Subject to any relevant legislative requirement, in the event the Customer breaches any of these terms and conditions, Manion Plumbing reserves the right to notify credit reporting agencies of that breach. The Customer acknowledges that any damages suffered by the Customer as a result of the listing is solely the Customer’s responsibility and holds Manion Plumbing and its officers, employees and agents safe from claim in respect of any damages.

19. If the credit facility is suspended or cancelled then Manion Plumbing may require immediate payment of all outstanding amounts. Suspension or cancellation does not affect any of the Customer’s obligations in respect of the credit facility.

20. The Customer must pay to Manion Plumbing all amounts reasonably incurred or expended by Manion Plumbing in exercising its rights as a result of a breach of these terms and conditions by the Customer or as a result of any circumstance referred to in clause 17.

Variations

21. Manion Plumbing may vary these terms and conditions with respect to future transactions between Manion Plumbing and the Customer:

(a) by agreement between Manion Plumbing and the Customer; or

(b) by Manion Plumbing giving to the Customer not less than 21 days’ prior written notice specifying the variation and the date on which the variation becomes effective.

22. 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.