CREDIT APPLICATION FORM

Full Company Name:
Trading As:
A.C.N. / A.B.N.:
Year Business Commenced:	How Long Under Current Management:
Nature / Type of Business:
Postal Address:
Business Address:
Contact for Accounting Matters:
Telephone No.:	Email Address:
Approx. Amount of Credit Required:	$
Name of Bank:	Branch:
BSB No.:	Account No.:

Full Names & Residential Address of Directors / Proprietors / Partners (attach separate list if necessary):

Surname	First Name	Residential Address

Trade References:

Name of Supplier	Contact Name	Phone No.	Email Address	Average Monthly Purchase $

I / We consent to Dacotrans Australia Pty. Limited:

making such enquires as deemed necessary including, but not limited to obtaining reports from persons nominated as trade referees, bankers and financiers, credit providers, mortgage and trade insurers and credit reporting agencies (“the Information Sources”);

obtaining from the “Information Sources” such information as is required by Dacotrans Australia Pty. Limited.;

It is acknowledged that Dacotrans Australia Pty. Limited reserves the right to check and verify all information supplied or available from any source and at its discretion approve or otherwise a credit application;

I / We understand that the services provided must be paid for within thirty (30) days from the date of invoice. Any disbursements (freight, duty, tax, etc) are payable prior to outlay by Dacotrans Australia Pty. Limited Should we fail to make payment in accordance with the above clause, all amounts owing by us on any account shall immediately become due and payable.

By signing this credit application form, I / We are also agreeing to adhere to the exclusively applicable “Standard Trading

Conditions” of Dacotrans Australia Pty. Limited (appearing on the reverse of this form).

SIGNATURE OF AUTHORISED PERSON:
POSITIONS HELD BY SIGNATORY:
NAME IN BLOCK LETTERS:	DATE:
COMPANY STAMP:

STANDARD TRADING CONDITIONS

1.	In this Contract the term ”Merchant” means the customer or client (specified on the face hereof), the consignor, consignee, owner of the goods or their respective agent(s). ”The Company” means DACOTRANS AUSTRALIA PTY. LIMITED ”Goods” means the cargo received from or handed on behalf of the Merchant and includes any containers supplied therewith.

2.	The Company is not a common carrier and reserves the right to acceptor refuse the carriage or transportation of Goods or instructions for the carriage or transportation of Goods for any person or company.

3.	The Merchant agrees to be bound by all the stipulations, exceptions and conditions stated herein whether printed, written, stamped or otherwise incorporated on the front or back hereof and that the Contract contained or evidenced herein shall be fully binding between the Company and the Merchant in all respects. The Merchant agrees also that all agreements previously made are suspended by the Contract contained or evidenced herein.

4.	Subject to express instructions in writing given by the Merchant, the Company reserves to itself complete freedom in respect of the means, route and procedure to be followed in the handling and transportation of Goods.

5.	(a)	The Company shall be under no liability in any capacity whatsoever for any loss of or damage to or misdelivery, delay in delivery, concealed damage, deterioration, contamination, evaporation or non-delivery of Goods howsoever arising and wheresoever caused held in its care, custody, or control or any consequential loss including but not limited to loss of profits, loss of goodwill, loss of business opportunities, cancellation of any agreements which relate to or are connected with the Company’s employment by the Merchant and any other losses incurred by or claims made against the Company and/or the Merchant arising therefrom howsoever caused (including theft by its servants or agents).

This disclaimer extends to:

(i) loss, damage or injury to any person, property or thing damaged; and

(ii) any negligent acts or omissions of the servants, employees and agents of the Company which may in any way and howsoever arising have caused or be attributed to any loss or damage to or misdelivery, delay in delivery, concealed damage, deterioration, contamination, evaporation or non-delivery of the Goods.

(b)	The Company shall not under any circumstances be liable for loss or damage resulting from or attributable to any express or implied, or written or oral quotation, statement, representation or information whether negligent or otherwise made or given by or on behalf of the Company or by any servant, employee or agent of the Company as to the classification of or liability for any amount scale or rate of customs duty, excise duty or other impost or tax applicable to the Goods or any other property whatsoever.

(c)	The Company shall be under no liability in any capacity for non-compliance withy instructions whether express or implied, or in writing or oral given to it by the Merchant save where such non-compliance is caused by the negligence of the Company its servants, employees or agents and the onus of providing such negligence shall be upon the Merchant. In the event that the merchant is unable to discharge such onus of proof, the Company shall be under no liability for such non-compliance with the Merchant’s instructions.

6.	The maximum liability of the Company pursuant to paragraph 5(c) hereof shall be limited to double the aggregate of brokerage, service fee or any other professional fee charged by the Company for the service contained herein.

7.	Any instructions whether express or implied, in writing or oral given to the Company may in the absolute discretion of the Company be compiled with by the Company performing all or part of the relevant service or by the employment of independent contractors or sub-contractors. The Merchant shall make no claim whatsoever in relation to the Goods against any servant, agent, independent contractor or sub-contractor of the Company or his servants or agents and shall further indemnify the Company against any claims which may be made upon the Company by any such servant, agent, independent contractor or sub-contractor and which arises out of any claim in relation to the Goods. Without prejudice to the foregoing every such servant, agent, independent contractor or sub-contractor shall have the benefit of all provisions herein for the benefit of the Company as if such provisions were expressly for their benefit and in entering into this Contract the Company, to the extent of these provisions, does so not only on its own behalf, but as agent or trustee of such servant, agents, independent contractors or sub-contractors.

8.	The Merchant authorizes the Company to arrange any mode of transportation required under the Contract and to accept the usual terms and conditions of air, sea and land carriers as agent of the Merchant.

9.	(a)	In the case of Goods of value exceeding AUD 100 per packet or unit or the equivalent of that sum in other currency, the value will not be declared or inserted in a Bill of Lading for the purpose of extending a ship owner’s liability under Article IV Rule 5 of the Sea Carriage of Goods Act 1924 except upon express instructions given in writing by the Merchant.

(b)	In the case of carriage by air, no optional declaration of value to increase the air carrier’s liability under the Civil Aviation (Carrier’s Liability) Act 1959-62 (as amended) will be made except upon express instructions given in writing by the Merchant, and acknowledged by the Company.

(c)	In all cases where there is a choice of tariff rates according to the extent of the liability assumed by carriers, warehousemen or others no declaration of value (where optional) will be made for the purpose of extending liability and Goods will be forwarded and dealt with at the Merchant’s risk or other minimum charges, unless express instructions in writing to the contrary are given by the Merchant.

10.	The Merchant shall be bound by and warrants the accuracy of all marks, weights, numbers, brands, contents, descriptions and quality of any goods and the declared value thereof and any other particulars furnished to the Company and the Merchant undertakes to indemnify the Company against all losses, damages, expenses of fines howsoever arising and whatsoever caused from any inaccuracy, omission, misdescription or expense arising from or in any way connected with the failure by the Merchant to satisfy this warranty.

11.	All Goods (and documents relating to Goods) shall be subject to a particular and general lien for moneys due either in respect of such Goods or for any particular or general balance or other moneys due from the merchant to the Company and it may sell the Goods privately or by public auction without notice to the Merchant. If on sale of the Goods the proceeds fail to cover the amount due and the costs and expenses incurred, the Company shall be entitled to recover the deficit from the Merchant.

12.	The Merchant shall be liable for and shall indemnify the Company and hold it harmless against loss, damage, costs, expenses and liabilities (including taxes, penalties and fines) howsoever arising and of whatsoever nature suffered or incurred by the Company in connection with the Goods because of the failure by the Merchant to precure Consulate, Department of Health or other permits or any papers that may be required at any port or place in connection with the Goods.

13.	Except under special written arrangements previously made the Company will not accept

(a)	Any noxious dangerous radioactive hazardous or inflammable Goods or any Goods likely to cause damage.

(b)	Bullion coins, precious stones, jewellery, valuable antiques, pictures, live stock or plants. Any person delivering such goods to the Company or causing the Company to handle or deal with any such goods (except under special arrangements) shall be liable for all loss and damage caused thereby and shall indemnify the Company against all penalties, claims, damages, costs and expenses howsoever arising and wheresoever caused in connection therewith and the Goods may be destroyed or otherwise dealt with at the sole discretion of the Company or any other person in whose custody they may be at the relevant time. If such Goods are accepted they may nevertheless be destroyed or otherwise dealt with if they become dangerous to other Goods persons or property. The expression ”Goods likely to cause damage” includes Goods likely to habour or encourage vermin or other pests.

14.	(a)	Goods may be warehoused or otherwise held at any place or places at the sole discretion of the Company at the Merchant’s risks and expense. The Company shall not be responsible for procuring any insurance for the Goods which are from time to time warehoused or otherwise held by the Company prior to delivery to the Merchant.

(b)	Should the consignee of the Goods described herein not be in attendance at the address given during normal trading hours, when delivery is attempted, an additional charge may be made at ruling rates for each call until delivery is accomplished.

(c)	Perishable goods, which are not taken up immediately upon arrival or which are insufficiently addressed or marked or otherwise not identifiable, may be sold or otherwise disposed of without any notice to the Merchant and payment or tender of the net proceeds of any sale after deduction of charges shall be equivalent to delivery.

(d)	Non-perishable Goods which cannot be delivered either because they are insufficiently or incorrectly addressed or because they are not collected or accepted by the Merchant may be sold or returned at the Company’s options at any time after the expiration of 21 days from a notice in writing sent to the address which the Merchant gave to the Company on delivery of the Goods. All charges and expenses arising in connection with the sale or return of the Goods shall be paid by the Merchant. A communication from any agent or correspondent of the Company to the effect that the Goods cannot be delivered for any reason shall be conclusive evidence of that fact. (e) Instructions to collect payment on delivery (COD) in cash or otherwise are accepted by the Company upon the condition that the Company will be liable for the exercise of reasonable diligence and care only.

(f)	Every special instruction to the effect that charges shall be paid by the consignee is and shall be deemed to include a stipulation that if the consignee does not pay the said charges within seven (7) days of the date set for payment or if no date is set for payment within seven (7) days of delivery or tendered delivery of the Goods, then the consignor shall pay the said charges.

15.	(a)	These conditions shall be governed and construed in accordance with the laws of the State of Australia or the territory within the Commonwealth of Australia in which instructions were received by the Company and any proceedings shall be brought in that State of Australia or a territory within the Commonwealth of Australia and not elsewhere within twelve (12) months from date hereof.

(b)	If any legislation is compulsory applicable to any business undertaken, these Conditions shall as regards such business be read as subject to such legislation and nothing in these Conditions shall be construed as a surrender by the Company of any of its rights or immunities or as an increase of any of the responsibilities or liabilities under such legislation and if any part of the Conditions be repugnant to such legislation such part shall as regards such business be void to that extent but no further.

16.	No insurance will be effected except upon express instructions given in writing by the Merchant and acknowledged by the Company and all insurances effected by the Company are subject to the usual exceptions and conditions of policies of the insurance company or underwriters taking the risk. The Company shall not be under any obligation to effect a separate insurance on each consignment but may declare it in any open or general policy. Should the insurance dispute their liability for any reason the insured shall have recourse against the insurers only and the Company shall not be under any responsibility or liability in relation thereto, notwithstanding that the premium upon the policy may not be the same rate as that charged by the Company or paid to the Company by the merchant.

17.	(a)	Quotations are given on the basis if immediate acceptance and are subject to the right of withdrawal or revision. If any changes occur in the rate of freight insurance premiums or other charges applicable to the goods quotations and charges shall be subject to revision without prior notice.

(b)	Commissions charges to the Merchant shall be considered earned whether the Goods are delivered or not and whether damaged or otherwise. Under no circumstances will any payment of commission be refunded.

(c)	The Company shall be entitled to recover from the Merchant any errors or omissions in commissions or brokerage charges or freight rates whether such errors or omissions are due to the Merchant, the Company or any other person.

(d)	Commissions brokerage freight and freight handling charges are due and payable in cash by the Merchant upon the date which appears in the Company’s invoice, unless the Merchant and the Company have agreed in writing to other terms of payment.

(e)	If the Merchant does not pay the amount due in accordance with (d) hereof, the Company shall be entitled to charge interest at the rate of two (2) per centum per annum over the overdraft rate charged by the Commonwealth Trading Bank of Australia on the Company’s trading accounts from the date upon which such amount was due.

18.	In addition to all other amounts payable by the Merchant, the Merchant shall immediately on receipt of invoice pay to the Company the amount of any increases in freight or freight handling charges (whether due to increases by shippers, changes in the rate of exchange between the currency in which the contract price is specified and the currency in which such charges are usually payable by the Company or otherwise) which occur at any time before the Company is credited with payment of such charges.

19.	The Company is at liberty to -

(a)	deliver Goods to carrier(s) and freight handlers upon such terms and at tariff rates which in its sole discretion it may determine and any contract or agreement or understanding so reached shall not derogate from the Merchant’s liability to commission, brokerage, freight or expenses due to the Company.

(b)	consolidate the Goods into containers pallet or other convenient package(s).

(c)	retain and be paid all brokerage, commissions, allowances and other remunerations from any source whatsoever.

20.	Where relevant, the Merchant shall ensure that the Company, its servants and agents have full and safe access to the Merchant’s premises and any necessary equipment, materials and information.

21.	Unless otherwise agreed, all amounts payable by the Merchant to the Company shall be in Australian dollar.

22.	If the Merchant does not pay the Company in full any amounts payable by the due specified, all outstanding money carries interest on daily balances until full payment at a rate of interest prescribed by the Penalty Interest Rate Act 1983 from time to time plus two per centum.

23.	If the Merchant does not pay the Company in full any amounts payable by the due date specified, the Company may forward the Merchant’s outstanding account to a debt collection agency for further action.

(a)	The Company is entitled to charge the Merchant a lodgement fee of a percentage, equivalent to the rate of commission charged by the debt collection agency, of the outstanding balance on the Merchant’s account.

(b)	The Merchant will be responsible for payment of the aggregate of the outstanding balance on the Merchant’s account and the lodgement fee (”the aggregate sum”).

(c)	The aggregate sum will be referred to a debt collection agency for further action.

(d)	The aggregate sum will be paid as a liquidated debt on demand.

(e)	The Merchant is also responsible for all expenses in relation to the collection of the aggregate sum including, but not limited to, all charges and fees, legal costs on an indemnity basis, and disbursements.

24.	Unless otherwise specifically agreed, the Merchant is not entitled to set-off against any debt owing to the Company arising out of this Agreement.

25.	Where more than one Merchant complete this Agreement each shall be liable jointly and severally.

26.	In this Agreement a reference to a party includes:

(a)	The party’s successor in law;

(b)	The party’s heirs and executors.

27.	In this Agreement the singular shall include the plural, words importing persons shall apply to corporations, and the masculine shall include the feminine.

28.	In the event that these conditions of service conflict with the Merchant’s instructions (including trading conditions) these Conditions shall govern.

29.	(a)	No servant or agent of the Company shall have the power to waive or vary any of the terms hereof unless such waiver or variation is in writing and is specifically authorized as ratified in writing by the Company.

The Company reserves the right to amend the conditions from time to time without notice to the Merchant.