Open an account with PEP

1. If this Application is approved the Company will notify the Customer of the approved Credit Limit and any conditions of approval. Any conditions of approval are deemed Incorporated into these terms and conditions.

2. The Customer must pay for all Services supplied on or before the Due Date regardless of whether there is a delay in provision of the Services or a dispute as to the Services.

3. The debit balance of the Customer's Account must not at any time exceed the Credit Limit.

4. Overdue Moneys will bear interest which accrues from day to day on the balance of overdue Moneys at the rate of twelve per cent per annum calculated on a daily basis. Payments received are applied to interest first and then to the overdue Moneys.

5. A Default Event occurs if the Customer commits an act of bankruptcy or is declared bankrupt, a petition winding up is presented, is placed in receivership or an administrator is appointed to the Customer; enters into any arrangement, composition or compromise (formal or informal) with its creditors; a cheque payable to the Company is dishonoured; any Moneys owing remain outstanding after the Due Date; the Customer is otherwise in breach of these terms and conditions; or ceases to trade or carry on business in the usual manner.

6. If a Default Event occurs, the Company may terminate the supply of Services on credit and all Moneys in respect of Services become immediately due and payable.

7. All costs incurred by the Company (including debt collection agency fees, administration charges and legal costs on a full indemnity basis) from the Company exercising a right under these Terms and Conditions of Credit or a Default Event, are payable by the Customer upon demand.

8. The Company may at any lime and from time to time in respect of the future supply of Services by notice lo the Customer vary these Terms and Conditions of Credit without notice to the Customer or vary the Credit Limit in each case without assigning any reason.

9. If the Customer is more than one person they are bound jointly and each of them severally.

10. The Customer is fully liable for any Services ordered on the Customer's account by an agent/employee or third party ordering for or on behalf of or with the apparent authority of the Customer.

11. In the case where the Customer Is a trustee of a trust, it is acknowledged that the Customer is fully liable for any Moneys owing both as a trustee of the trust and personally in the Customer's own right.

12. The Customer authorises and permits the Company to make independent inquiries of third parties including the trade references specified in this Application concerning the Customer's financial standing and to obtain from such third parties such information which the Company deems necessary for the purposes of assessing this Application and authorises and permits such third parties to supply such information notwithstanding any confidentiality or privilege which applies to the information sought.

13. The Customer agrees to indemnify the Company and keep the Company indemnified from and against and in respect of any claim, action, loss, cost, expense or liabilities suffered or incurred by the Company arising from or in any way related to the breach of the Terms and Conditions of Credit contained herein.

14. a. The Company is entitled to a possessory lien and general lien over any goods and other property of the Customer in its possession or under its control from time to time with respect to any Moneys due from the Customer to the Company
b. The Company may sell the goods and apply the proceeds to pay Moneys due after providing written notice to the Customer's fast known place of business or registered office of its intention to do so.
c. The Customer indemnifies the Company against claims by any party with an interest in the goods.

15. Unless the Company enters into a separate agreement to exclude or vary any of the following sub-clauses then:

a. the Services are provided at the risk of the Customer and not the Company and, unless expressly agreed in writing, the Company will not be liable for any Damage to the goods or any part of the goods, whether or not the Damage occurs in the course of performance by the Company of the Services or when otherwise in the possession of the Company pursuant to this Agreement for any reason whatsoever including without limitation, negligence, breach of contract, bailment or wilful act or default of the Company.
b. The Customer indemnifies the Company against any claim or allegation made against the Company by or liability to any person or Company Including but not limited to the receiver and the bailor for any Damage, personal injury (including death or disease) or other loss or injury (personal or properly) arising out of or in connection with the provision of the Services including solicitor-client indemnity costs Incurred by the Company, irrespective of any negligence, breach of contract, bailment or wilful act or default of the Company.
c. Subject to any implied warranty provided by the Australian Competition and Consumer Act, the Fair Trading Act or any other Act (as amended from time to time) which may not be excluded, no warranty, condition or representation is given on the part of the Company and any express or implied warranty as to quality, fitness for purpose or otherwise of the Services is hereby excluded.
d. To the extent that the Company is subject to any implied warranties provided by the Australian Competition and Consumer Act (as amended from time to time) the Company limits its liability to the maximum extent allowed under that Act or the cost of the Services, whichever is the lesser amount.
e. The goods are at all times at the risk of the Customer.

16. Where by express written agreement the Company becomes responsible for loss or damage, no claim for loss or damage will be allowed unless:

a. the claim is lodged in writing within seventy-two (72) hours after delivery was given to the Company; and
b. the Customer substantiates he Damage.
Failure to claim within seventy-two (72) hours is evidence of satisfactory performance of the Services. Time is of the essence in this clause.

17. The Customer must take out its own insurance cover for the goods.

18. The Company's usual terms and conditions of supply also apply to the supply of the Services to the Customer from time to time.
19. If the Customer is more than one person they are bound jointly and each of them severally.

20. “Company” means Redmetro Pty Lid (ACN 147 925 862).

“Credit Limit" means the limit of credit approved by the Company pursuant to this Application.

“Customer” means the business applying for credit pursuant to this Application.

“Damage” means any loss of, damage to, deterioration of, or misdelivery of, or non-delivery of, or delay in delivery of the Services and includes consequential economic or ancillary loss damage, expense or liability.

“Default Event” means a breach of these Terms and Conditions of Credit or an insolvency event occurs to the Customer.

“Due Date" means in relation to Moneys owing for Services supplied, the seventh (7th) day following the date of an invoice,

"Moneys" means all moneys now or in the future owing by the Customer to the Company on any account;

“Services” means all goods supplied or to be supplied by the Company to the Customer.


Please get in touch with PEP Transport regarding the guarantee and indemnity for further information and clarification.