Warranties

It is guaranteed by the Customer that the person’s signature that appears on this account application is authorised by the Customer to apply for credit and execute this Account Application Agreement.
The Customer agrees to comply with the terms and conditions of this Account Application Agreement.

Terms of Payment

Each month, Gardenstate Towing will issue an invoice(s) for all Services supplied to the Customer during the same month and for any other applicable charges that Gardenstate Towing is entitled to charge or recover from the Customer under this Account Application.
The customer agrees that all accounts must be settled in full within 30 days from the end of the month in which the services are purchased.
If a default occurs, then all outstanding balances become due immediately and Gradenstate Towing must be paid in full by the customer within seven (7) days.
If the Customer defaults in the payment of any monies due under this Account Application, then all outstanding monies due to Gardenstate Towing shall immediately become due and payable and shall be paid by the Customer within (7) days.
All outstanding balances will incur an interest charge of 2% higher than the current rate that is fixed under section 2 of the Penalty Interest Rate Act 1983 from the date that outstanding balances occur.
If Gardenstate Towing incurs any expenses or costs in relation to recovering the outstanding balance, these will be passed onto the customer and are due and payable. This will include debt collection fees and any legal fees incurred.
Any outstanding accounts will be referred to a debt collection agency by Gardenstate Towing. This means that the customer will be liable for all costs that result from this.
If a Customer becomes insolvent or defaults on the terms and conditions of this Account Application, Gardenstate Towing is entitled to terminate the credit agreement without notice. Gardenstate Towing also reserves the right to terminate the credit agreement for any reason it sees fit by giving 7 days notice to the customer

Trust
If the application is in the name of a trustee company, the trustee shall be liable for all monies owing on the account and the trustee’s assets must be made available to meet any outstanding balances.

Change in Control
If there is a change in ownership or directorship of the Customer’s company, advice must be forwarded to Gardenstate Towing within fourteen (14) days. This written notice must include the new owner’s or director’s name, address, and contact phone number. Failure to do so may result in extra fees charged by Gardenstate Towing.

Review of your Credit Approval
Gardenstate Towing reserves the right to review the Customer’s account from time to time without notice.
If Gardenstate Towing suspects that there has been a change in the Customer’s circumstances or the Customer fails to make payments on time, Gardenstate Towing reserves the right to withdraw credit.

Privacy Disclosure and Consent

The Customer authorizes Gardenstate Towing to:
Get access to credit information from any credit referee or trade supplier that the Customer has identified on this account application as well as a credit reporting agency.
Disclose or exchange information about the Customer’s credit arrangements with other credit providers when asked to do so.

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Disclose the contents of the Customer’s credit report, to Gardenstate Towing’s solicitors and mercantile agents.

If the Customer fails to provide the information requested in this Account Application, Gardenstate Towing may not be able to process the application for credit.

Guarantee
A guarantee form must be signed by the Customer and provided to Gardenstate Towing. This form will guarantee that all money owing to Gardenstate Towing will be paid by the customer.

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TERMS OF TRADE

Preliminary

This Agreement is between Gardenstate Towing Pty Ltd and the Customer.

Background

Gardenstate Towing provides towing services. This includes car towing, motorcycle transport, caravan and boat transport, plant and equipment transport, and trailer and truck towing.

By completing this Account Application, the customer wants to engage the services provided by Gardenstate Towing and upon acceptance, Gardenstate Towing agrees to supply said services.

Definitions

In this Account Application, unless to the contrary:

Customer refers to the company or individual who places an order to purchase services from Gardenstate Towing;

Force Majeure Event means an act, circumstance or omission that is beyond the reasonable control of any party. This may include but is not limited to an act of God, fire, storm, flood, earthquake, terrorism, war, civil disorder, strikes or the action or inaction of a government agency;

GST means a tax imposed by or under the GST Law in Australia and enforced by the Australian Taxation Department.

Insolvent means the Customer is placed into bankruptcy or under the control of a liquidator, controller or administrator. Or, the Customer is unable to pay its debts as and when they fall due;

Order means a request from the Customer to purchase services from Gardenstate Towing;

Rates means the rates payable for the services provided by Gardenstate Towing to the customer. All rates quoted are
exclusive of GST (unless otherwise stated);

Real Property means all real property interests held by the Customer both now and in the future;

Services mean the towing and/or related services requested by the Customer from Gardenstate Towing in their Order.

Agreement

When the Customer places an order with Gardenstate Towing, the Customer agrees to the terms and conditions outlined in this account application.

The Services normally provided do not include:
oversize loads requiring permits or escort vehicles;
multi-loading of trucks;
machinery transport over 25 tonnes; or
transport outside of the Melbourne, Brisbane, or Perth metropolitan areas.

Any requests that are made for any of the above services will be priced upon application and subject to the terms of this Account Application.

If the Customer requires towing of a machine that does not fit on the truck that Gardenstate Towing has based its quoted price on, the Customer agrees to pay the rate of the larger truck that will be required to complete the service requested.

Commencement and termination

Upon acceptance, this Account Application and all of its terms and conditions are binding and will continue until Gardenstate Towing either make alterations or terminates the agreement pursuant to 5.2.

Gardenstate Towing is entitled to terminate this agreement without notice if the Customer becomes insolvent or fails to adhere to the terms and conditions outlined in the Account Applicant. Additionally, Gardenstate Towing may terminate this agreement by giving 7 days notice to the customer.

Rates

Gardenstate Towing reserves the right to review the terms and increase the Rates from time to time.

In the event that the Customer requests a variation to its original order, Gardenstate Towing reserves the right to amend the Rates that were quoted on the original Order.

In the event that Gardenstate Towing is subject to an increase in charges by a third-party provider, these increased charges will be passed onto the Customer by Gardenstate Towing.

The Rates charged by Gardenstate Towing are based on a maximum of 15 minutes for loading and unloading. In the event that this assumed time is exceeded due to a delay that is caused by the Customer, Gardenstate Towing will charge the customer an extra charge that is based on 15-minute increments.

Limitation of liability

The liability for claims made by the Customer is limited to no more than the Rates that have been paid by the Customer for the Services that have been provided by Gardenstate Towing.

Gardenstate Towing will not be liable for any losses suffered by the Customer whether these losses are indirect or consequential. This includes losses due to damage, loss of profits or revenue, business interruption or loss, or any other wasted costs that the Customer has incurred. This includes losses to any third parties.

The Customer agrees to indemnify Gardenstate Towing against all claims, liability, damage, costs and expenses. This shall include legal fees, costs and disbursements whether these have been incurred or awarded against Gardenstate Towing in respect to the following:

personal injury;
damage to tangible property; or
a claim by a third party, that relates to the terms and conditions outlined in this Account Application.

The Customer agrees to be bound by all of the indemnities outlined in this Account Application and these will remain binding even upon termination or completion of this agreement.

If any contractor, agent or employee of Gardenstate Towing acts under the instruction or control of the Customer, Gardenstate Towing will not be liable for any claims, damages, loss, costs or expenses incurred by the Customer and the Customer indemnifies Gardenstate Towing against any such claims, damages, loss, costs or expenses.

Force majeure

Neither Gardenstate Towing nor the Customer shall be liable for any delay or failure to perform their obligations under this Account Application (other than the obligation to pay money) to the extent such delay or failure is due to a Force Majeure Event.

GST

If Gardenstate Towing has any liability to pay Goods and Services Tax (GST) on the supply of any Services to the Customer, the Customer must pay to Gardenstate Towing an amount equivalent to this GST liability.

Severability

In the event that any provisions in this Account Application become void or not enforceable for any reason, then that part will be terminated but all the remaining provisions will remain binding and thus unaffected by the termination of any other provisions.

Governing law

This Agreement will be governed by and construed according to the laws of Victoria, Australia.

Entire Agreement

All the terms and conditions in this Account Application will be bindings in their entirety on the parties mentioned in this Account Application.

Relationship

There is nothing in these terms and conditions that relates to the parties mentioned as being partners or agents of the other. Neither party has the authority to bind the other either equitably or legally except in regard to the terms and conditions outlined in this Account Application.
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Notices

Any written notices in relation to this Account Application can be sent by post, hand delivery or email.

Assignment

In the event of a change in circumstances, Gardenstate Towing may assign the benefits of this Account Application and any standing Orders, by giving the Customer notice in writing.

Special Conditions

Any special conditions that apply to this Account Application shall be recorded in writing in a schedule signed by the parties whose names are mentioned in this Account Application.