Terms and conditions of Credit
1. The Applicant agrees that Ribbons and Bows Cakes is under no obligation to grant
credit or supply goods to the Applicant.
2. The Applicant agrees that Ribbons and Bows Cakes is not liable for any costs incurred
in the completion of this Credit Application and related documents. The Applicant is
responsible for any stamp duty or other government charges levied on or in connection
with this Application and related documents.
3. The Applicant acknowledges that payment of all goods is cash on delivery (COD) unless
otherwise determined and communicated by Ribbons and Bows Cakes.
4. If the Applicant authorises Ribbons and Bows to debit the Applicant’s credit card for
payment of goods supplied and Ribbons and Bows Cakes agrees to this method of
payment, the Applicant shall complete the credit card authority in this Application and
return it to Ribbons and Bows Cakes.
5. The Applicant agrees to pay the price of goods invoiced and Goods and Services Tax
(GST) payable on that price.
6. Where credit is extended, the Applicant agrees that all amounts owing are payable
strictly within agreed credit terms. Any credit extended to the Applicant will not extend
beyond the date payment is to be received as set out in the relevant invoice.
7. The Applicant agrees that all goods delivered will be inspected and signed for upon
receipt and that Ribbons and Bows Cakes will not have any responsibility for the goods
after this time.
8. The Applicant accepts that claims for any damaged, defective or incorrect goods or
failure to comply with the order made are to be made within 24 hours of receipt of goods
quoting the appropriate invoice number. Failure to make a claim in accordance with this
clause will constitute an irrevocable acceptance of the goods by the Applicant.
9. Where Ribbons and Bows Cakes accepts the Applicant’s claim for any damaged,
defective or incorrect goods or failure to comply with the order, the Applicant agrees that
the liability of Ribbons and Bows Cakes is limited to providing a refund of the price
(including GST) paid by the Applicant or the issue of a credit note for such amount.
10. The Applicant agrees that any damaged, defective or incorrect goods must be returned
in original packaging in reasonable time by the Applicant to Ribbons and Bows Cakes if
required by Ribbons and Bows Cakes.
11. The Applicant accepts that orders for goods are to be made by 2pm AEST if delivery is
required on the following business day.
12. The Applicant acknowledges that its representatives may place orders and it will bound
by these terms and conditions irrespective of whether such orders are unauthorised or
13. Orders can cancelled any time prior to 2pm AEST for delivery on the following business
day. No changes to orders or cancellations of orders will be accepted after 2pm AEST
for delivery on the following business day.
14. The Applicant acknowledges an order made shall comply with a minimum order quantity
as required by Ribbons and Bows Cakes, unless such minimum order quantity is waived
by Ribbons and Bows Cakes.
15. The Applicant accepts that Ribbons and Bows Cakes will not be liable for any shortfall
of goods as a result of the Applicant making an error with the order.
16. A return of goods will not be accepted by Ribbons and Bows Cakes where this is due to
the Applicant making an error with the order or over ordering.
17. The Applicant accepts that title and property in goods invoiced remains with Ribbons
and Bows Cakes and does not pass to the Applicant until such time as payment of the
price (including GST) is made in full.
18. The Applicant hereby charges all its estate and interest in any real and personal
property, both equitable and legal, at present and in the future in respect of any monies
due and owing by the Applicant to Ribbons and Bows Cakes and hereby appoints
Ribbons and Bows Cakes or any of its directors or its solicitors as its attorney for the
purpose of registering a caveat over any real property owned by the Applicant at any
time, or to register this charge over assets of the Applicant with the Australian Securities
and Investment Commission.
19. The Applicant acknowledges that Ribbons and Bows Cakes has a security interest for
the purposes of the Personal Property Securities Act 2009 (PPS Act) in the goods
supplied and any proceeds of the goods until the Applicant has paid for the goods
supplied in full.
20. The Applicant waives its right to receive any notice from Ribbons and Bows Cakes
under the PPS Act.
21. The Applicant acknowledges that any credit granted following this Application will be
subject to the terms and conditions stated in this Application or as subsequently varied
by Ribbons and Bows Cakes at its discretion and advised to the Applicant.
22. The credit limit approved by Ribbons and Bows Cakes and advised to the Applicant
must not be exceeded. Ribbons and Bows Cakes periodically reviews its credit limits. By
agreeing to these Terms and Conditions, the Applicant requests Ribbons and Bows
Cakes to review and revise its credit limit from time to time.
23. All payments required to be made by the Applicant under this agreement must be made
free of any set off or counterclaim and without deduction or withholding.
24. If the Applicant fails to pay for the goods on the due date then, even though Ribbons
and Bows Cakes retains title and property in the goods supplied to the Applicant and,
without prejudice to any other rights and remedies Ribbons and Bows Cakes may have,
Ribbons and Bows Cakes shall seek to recover all monies owing by the Applicant as a
25. Ribbons and Bows Cakes, or its representatives, reserves the right to actively pursue
collection of all monies owing, and costs, if any, will be passed on to the account of the
26. Goods will be delivered to the business address provided by the Applicant in this
27. The Applicant acknowledges that Ribbons and Bows Cakes may vary the price of any
goods without notice.
28. Ribbons and Bows Cakes makes no warranty or representation as to the adequacy or
appropriateness of the goods ordered for the Applicant’s purpose.
29. Upon the occurrence of default by the Applicant with the terms and conditions herein,
Ribbons and Bows Cakes may at its discretion withhold further supplies of goods to the
Applicant and/or cancel the credit granted to the Applicant.
30. Ribbons and Bows Cakes may, in its absolute discretion, cancel the Applicant’s credit at
31. The Applicant warrants to Ribbons and Bows Cakes that all parties whose signatures
appear in this Application are duly authorised by the Applicant to sign the Application on
behalf of the Applicant and to bind the credit of the Applicant.
32. The Applicant shall notify Ribbons and Bows Cakes of any change in its ownership
within 14 days of the date of such change and the Applicant agrees to indemnify
Ribbons and Bows against any loss incurred if such notice is not given.
33. The Applicant shall notify Ribbons and Bows Cakes not less than 7 days prior to any
sale of the business to a third party and the Applicant agrees to indemnify Ribbons and
Bows Cakes against any loss incurred if such notice is not given.
34. The Applicant authorises Ribbons and Bows Cakes to obtain their personal information
(including information as to creditworthiness) from a credit reporting agency or a credit
provider pursuant to Part IIIA of the Privacy Act 1988 (Cth) and paragraph 2.12 of the
Credit Reporting Code of Conduct for the purpose of assessing this credit application.
35. The Applicant acknowledges that Ribbons and Bows Cakes may disclose information
provided in this credit application form to a credit reporting agency in accordance with
Part IIIA of the Privacy Act 1988 (Cth).
36. These terms and conditions are governed by and interpreted in accordance with the
laws of the State of Victoria.
37. This agreement is made in, and governed by the laws of, the State of Victoria.
38. The benefit of this agreement is personal to the Applicant and cannot be transferred or
assigned without the prior written approval of Ribbons and Bows Cakes.