(a) the owner, sender or receiver of the Delivered Goods In this agreement including the recitals unless contrary to or inconsistent with the context:Ĭredit Card means the credit card specified in the schedule and any credit card given in addition thereto or in substitution therefor Ĭredit Period means the period described in the schedule as the Credit Period or if no period is specified, 30 days, from and including the Supply Date.Ĭredit Card Transaction Fee means a fee calculated by multiplying the amount of a payment made under this agreement by the Credit Card by the appropriate credit card rate published on the Web Site from time to time for each brand of credit card currently 4.5% for Dinners and American Express and 1% for all other types of credit card Ĭredit report and credit reporting agency has the meaning given to it by the Privacy Act 1988 Ĭustomer, you, your means the person or persons specified in the schedule as the Customer The Credit Card Holder hereby irrevocably authorises Benara to pay for all money owing by the Customer to Benara by charging the credit card specified or such other credit card as Credit Card Holder supplies to Benara and to pre-authorise payment up to the value of any order and warrants to Benara that the Credit Card will have sufficient credit or clear funds to pay for money that is due and payable by the Customer to Benara. The Customer and the Guarantor agree that in relation to any order or a combination of orders for the same or similar goods and/or services the Purchase Price of which exceeds $1,000, only the board of directors of Benara is authorised to make representations or give advice or engage in conduct of concerning or in any way relating thereto and then only in writing, and the Customer and the Guarantor promise to Benara that for the said orders they will not rely on any representation or conduct of any servant or agent of Benara as a representation or conduct of Benara, in deciding to purchase the said goods and/or services, and indemnify Benara as set out in the General Conditions.

In consideration of Benara having agreed at the request of the Guarantor to enter into this agreement with the Customer and by this deed the Guarantor does (and if more than one jointly and severally) hereby guarantee to Benara the due and punctual performance by the Customer of its obligations under this agreement on the terms of the guarantee set out in the General Conditions and grants to Benara the indemnity and security set out in the General Conditions.

The Customer and the Guarantor promise to Benara that they have read understood and agree to the General Conditions and without limitation give the authorisations and consents in relation to privacy contained therein.

Benara’s 2008 General Conditions for Supply Agreement (General Conditions) shall be incorporated into and form part of this agreement so far as they are not varied by or inconsistent with the express terms of this agreement.

Benara agrees to supply Goods to the Customer upon and subject to the terms of this agreement and the Customer agrees that all Goods purchased from Benara shall be purchased pursuant to the terms of this agreement.

The Customer wishes to purchase Goods from Benara for re-supply to other persons as part of the Customer’s business or for business purposes.

Flamingo nursery