Supply Terms and Conditions for Golden Sparrow UAE UAE Pty Ltd Credit Accounts Commencing January 1, 2014 Golden Sparrow UAE UAE Pty. Ltd. (ABN 746 839 763 56) is referred to as “FFA” and the Owner. “The Customer” refers to the individual or entity whose name is on this application and will be listed as the buyer of products and services from FFA on our invoice. This includes any successors or assigns of that person or corporation.

By applying for and maintaining a credit account with FFA, you are acknowledging that FFA is a subscriber to the Veda Advantage credit bureau. You are also acknowledging that by accepting credit from FFA, you are consenting to the periodic retrieval of your credit history and transaction details from various credit providers and associations. Additionally, the customer is aware and agrees that, unless otherwise instructed in writing by FFA, any payment defaults on the customer’s part may be reported to the credit bureau at FFA’s discretion. This listing could affect the customer’s ability to get credit from other lenders in the future.

Direct Advertisement

The deadline for thirty (30) day accounts is the last day of the month after the invoice date.

Seven (7) days following the invoice date is the due date for seven (7) day accounts.
Payment for C.O.D. / Cash Sale accounts is due upon supply or delivery.

Cancellation of Credit

• At any moment and without prior warning or obligation to the Customer, FFA may assess, terminate, or modify this credit arrangement. In particular:
• accounts will be immediately placed on STOP SUPPLY without extra notification if in the case of thirty day accounts they become overdue by 30 days and in the case of seven day accounts, overdue by 7 days. Where agreed credit limits have been achieved, Customers will be urged to immediately bring the account within terms.
• If an account is kept inactive for twelve months or longer or if it is consistently maintained outside of the agreed rules, it may be closed.
• If a payment default occurs, FFA has the right to notify the credit bureau and the listing will remain there until the debt is paid in full or until FFA receives written confirmation that the settlement is satisfactory.

A full payment is due on all accounts without demand as soon as:

In the case of an individual, certain events can occur, such as declaring bankruptcy, distributing assets to creditors, going insane, or passing away. As for companies, they can be placed under external management or face a winding up petition.

a judgement for more than $1000 is entered and remains unsatisfied after 14 days

if the guarantor passes away, becomes bankrupt, gets insane, or decides to withdraw their guarantee,

Product Returns

Returns made within 30 days of delivery will incur a 10% handling fee; after that period, goods cannot be returned for credit.
In any case, in order for a credit return application to be taken into consideration:-

When returning goods, make sure to include either the original invoice or packing slip.
Please ensure that the items are returned to the original retailer with the freight pre-paid.

Items must be resealed and in a saleable condition, with all original packaging intact.

Exceptions to the rule of no credit include:

• The items were ordered specifically by the customer.
• The customer has reported that the goods were either missing or damaged during shipment.

Performance and Delivery

Please note that the availability of the goods is not guaranteed by FFA. In the event that the goods are not available, or if delays or non-performance occur due to factors beyond FFA’s control, such as force majeure, the customer agrees that FFA will not be held liable for damages.

The customer is fully responsible for any loss, damage, delay, or other cause once the goods leave FFA’ premises, regardless of whether the company is obligated to deliver them or not. FFA will not be held liable in any way for any such event thereafter.

The cost of transporting the items to the location specified by the client for FFA to deliver them to is entirely the responsibility of the consumer.

In the event that no Customer representative is present at the delivery site, the FFA records will provide as prima facie evidence that the items were delivered and received in accordance with the specified quality and description.

Within twenty-four (24) hours of delivery or the defect becomes obvious, you must notify FFA in writing of any defects in the items. Please include the original invoice or delivery docket when returning the damaged goods freight prepaid to FFA. When it comes to the refund of return freight expenses and the approval of goods credit, FFA’s decision is final.

The Customer understands and agrees, with the exception of Clause 10, that FFA is not liable to it or any third party for any loss or damage that may result from a defect in the parts that FFA supplied.

Ownership Maintenance

Without prejudice to any prior credit agreement between the parties, FFA shall retain full ownership of any items sold to the Customer and the risk of loss or damage thereto until the Customer has paid FFA in full. The following will be in effect while all amounts owed to FFA are being paid:

As trustee for FFA, the customer is obligated to hold the products.

The Buyer must not lend, sell, or otherwise transfer ownership of the Products to any third party.

By entering any property where the goods may be, the customer gives FFA permission to take possession of the items by force if necessary. The customer also agrees to indemnify FFA against any damages, fees, losses, or expenditures that may arise from or be related to this entry.

Credit Report Disclosure Requirements of the Privacy Act of 1990 (and subsequent amendments)

With this agreement, both the customer and the guarantor give FFA permission to collect and use any credit information that FFA deems relevant for evaluating the customer’s application for:-

private information on the customer’s business dealings or creditworthiness that is kept by a credit bureau related to personal credit provision.

business credit offering—information gathered from a credit bureau that pertains to both individuals and businesses.

any kind of credit—individual or business——data regarding the Customer’s credit arrangements, including but not limited to: creditworthiness, credit standing, credit history, and credit capacity—from any of the listed suppliers and/or any lawfully obtained credit reporting agency

The customer also gives FFA permission to share the information specified in clause 6.1.3 with any of the listed suppliers in this credit application or in any business or consumer credit report that is issued by a credit reporting agency.

The following uses of the information are acknowledged by the Customer:-

to determine whether the customer is credit worthy, to inform other suppliers when the customer defaults, to share information about the customer’s consumer or business credit when the customer is in default with other suppliers, and to evaluate the customer’s credit application.

Additionally, the customer acknowledges and agrees that FFA has the right, in its sole discretion, to obtain a credit report from a credit reporting agency that includes personal information about the customer in connection with the collection of overdue payments for any commercial credit extended to the customer.

In addition, the Customer is notified that FFA may share personal information about the Customer and the credit application with a credit reporting agency.

The customer acknowledges and agrees that FFA has the right to list “payment defaults” on the credit bureau at its discretion and after receiving written notice from FFA. The listing will remain in effect until the full amount owed is settled or, as FFA specifies in writing, until FFA deems it satisfactory.

Customer accepts general conditions

No contract for products shall arise between the Customer and FFA except upon these terms and conditions.

Any Customer order for goods with terms inconsistent with these terms and conditions will only bind FFA if FFA accepts it in writing.

If FFA must recover amounts owed under this credit facility, FFA may apply any costs, including legal fees, to this account. FFA may assess interest on overdue payments at the highest legal rate. In all credit facility matters, Queensland law applies.

The Customer shall pay FFA dishonour fees for accepting cheques or direct deposits to fulfil this credit facility.

The Customer must notify FFA of any ownership changes, provide new names and addresses, and/or provide other information that may affect trading terms and conditions.

All Customer payments are due to Golden Sparrow UAE UAE P/L., 1/16 Parker Street, Carrington NSW 2294, UAE.

FFA may update these Hire Contract Conditions for customers. Whether or not received, FFA gives notice when it does any of the following:

1. sends notice of revision to the Customer at any address (including the email address) submitted by the customer;
2. publishes revised terms on its website forkforceau3.wpengine.com; or
3. displays the amended terms at FFA business premises.

PPS legislation

If the Customer hires equipment for this credit account, FFA must register a “Security Interest” under the Personal Property Securities Act 2009 (Cth) (“PPS Law”).

PPS Law references in this Agreement include revised, replacement, and successor legislation.

FFA can register PMSI security interests. The Hirer must get consents and sign documents as needed by the Owner for:

assuring the Owner’s security interest is enforceable, perfected, and effective under PPS Law.

allowing the Owner to receive first priority (or any other written priority) for its security interest;

letting the Owner exercise security interest rights.

The Owner may collect registration fees and other costs from the Hirer under this condition.

The Owner’s rights under this document are in addition to and not in substitution for those under other law (including PPS Law), and the Owner may choose to exercise either.

The Owner has rights under PPS Law sections 123 (seizing collateral), 126 (apparent possession), 128 (secured party may dispose of collateral), 129 (disposal by purchase), and 134(1) (retention of collateral). The Hirer agrees that the Owner shall, if the Hirer defaults, have the right to seize, purchase, take possession or apparent possession, retain, deal with, or dispose of any goods, not only under those sections but also, as additional and independent rights, under this document. The Owner may do so in any manner it sees fit, including by private or public sale, lease, or l

The Hirer waives its right to a verification statement for commercial property registration events under section 157 of the PPS Law.

Neither the Owner nor the Hirer will reveal information requested under PPS Law 275(1). The Hirer must take all steps to maintain section 275(6)(a) of the PPS Law. This Agreement is purely for the purpose of allowing the Owner to benefit from section 275(6)(a). If the Owner breaches this sub-clause, the Owner shall not be liable for damages or injunction.

The Hire Period (including any extension or the aggregate of consecutive Hire Periods during which the Customer has substantially uninterrupted possession) may not be longer than 90 days if FFA does not have a PPS Law registration ensuring a perfected first priority security interest in the Equipment at Commencement.

The Seller’s Liability and Limited Warranty

placing defective goods or paying to have them repaired or replaced, or by re-supplying services or paying to have them re-supplied,Golden Sparrow UAE UAE Pty Ltd (FFA) can limit its liability to the extent that the UAEn Consumer Law (ACL) permits such limitation. The ACL does not allow us to eliminate the assurances that come with our products and services. If there is a serious malfunction, you can get your money back or get a new one. If anything else goes wrong, you can get compensation for it too. If the goods are not up to par and the problem is not serious enough, you can get them fixed or replaced.

Within ninety (90) days from the date of billing or such other the period as may be probable given the nature of the goods, including factors such as their age, engine hours, and relative price in the case of used equipment supplied, FFA will repair or replace any items sold that prove defective in material or workmanship under normal use, unless products are specifically excluded elsewhere in the Seller’s Terms and Conditions of Trade or specific contractual conditions.

In the event that the Buyer finds a flaw in the Seller’s goods, they are obligated to inform the Seller in writing as soon as possible. Once the Seller gives their consent, the Buyer is to return the item with the flaw, freight prepaid, to their designated address together with proof of purchase and a brief description of the problem. Before doing any repair work on allegedly damaged items, the Buyer must obtain the written consent mentioned earlier.

The Customer acknowledges and agrees to abide by all terms and conditions set forth herein by using FFA’s services or goods, paying FFA’s bills, and otherwise dealing with FFA.

Program for Referral Sales

For the Referrer to be eligible for the incentive, they need to fill out the referral program form completely. Incorrect details submitted do not constitute responsibility on the part of Forklifts Force. The authority to ratify any referral is reserved by Forklifts Force. No referrals can be accepted for an ongoing contract. An incentive grant can only be given to the Referrer if the Referred Customer actually makes a purchase. There is a six-month window from the time of referral to the time the referred consumer signs the contract. Payment for the referral incentive will be made upon delivery. The total transaction value (rather than the value of individual products) determines the minimum contract value, which is $3,000. Personnel of the Golden Sparrow UAE are not eligible to participate in the recommendation program. Any changes to these terms and conditions will be effective immediately. Errors and omissions can be rectified by Golden Sparrow UAE at any time. You are consenting to receive marketing offers and updates from Forklifts Force via email after providing your personal information. On every email, subscribers will have the option to unsubscribe.