Credit Account Application

Name of Applicant: Registered Company Name: Registered Company Address: Date Business established: Delivery Address: Postal Address: Email: Telephone: Mobile: [ ] partnership [ ] other Nature of Business: Purchase Order quoted? [ ] Yes [ ] No Contact Information: Purchasing contact: General Manager: Accounts contact: Ph: Ph: Ph: Email: Email: Email: Facsimile: Credit limit sought:

Type of Business: [ ] sole trader [ ] public listed [ ] public unlisted [ ] private company

Would you like to receive special offers via email? [ ] Yes [ ] No Trade References (power, telephone, rates companies etc. should not be quoted) Company name (1): Company name (2): Company name (3): Name of Bank: Name of your Account: 1. 2. 3.
Terms of Credit and Credit Check Authorisation: 1. Payment is due on or before 20th of the month following invoice. Other payment terms may be offered if credit is not afforded to 20th of the month following. 2. Default on payment without prior approval may result in credit withdrawal. 3. Texco International Ltd holds title on the goods supplied until payment has been made in full. 4. I/We irrevocably authorise any person or company to provide you with any information as you may require in response to your credit enquiries. I have read the terms of trade and the conditions of sale, as printed on the reverse side of this form, and agree to accept and abide by them. Name: Position: ____________________________ ____________________________ Signed: Date: _________________________________ _________________________________ Office use only: Credit Check Approved Date A/C Opened: A/C ID: Rep Code: Credit Limit: Comment: Y/N Y/N

Your a/c #: Your a/c #: Your a/c #: Name of Bank Branch: Bank Account number:

Ph: Ph: Ph:

Ownership: please list full names and addresses of the owner, partners and/or directors of the applicant

Please forward completed and signed application form (both sides) to: Texco International Ltd, 7 Copsey Place, Avondale 1026, New Zealand PO Box 19229 | Ph: 0800 925 377 | 09 820 1960 Fax 0800 925 373 | 09 820 1961 Email: info@texcointernational.co.nz

Feb2012

Terms of Trade
ChARGES The goods shall be purchased at the prices prevailing at the time they were dispatched. Freight charges will be applied to every sale unless the sale is for a backordered product or freight has been negotiated as part of an individuals contract with Texco International Ltd. A minimum order fee will apply for orders under $100 exclusive of GST. This will be charged at the prevailing rate in place at the time of order placement. A cutting fee will apply for fabric orders under 10 metres in length. This will be charged at the prevailing rate in place at the time of order placement. We reserve the right to allocate fabric to the nearest meter size or a 5% tolerance over the amount required. PAYMENT Payment should be made on or before the 20th of the month following delivery. Should credit be declined other payment terms will be advised in a letter of offer. A period of grace may, at Texco International Ltds sole discretion, apply before charging interest as specified under INTEREST. Any expenses, disbursements and legal costs incurred by Texco International Ltd in the enforcement of any rights in this contract shall be paid by the Customer, including any and all reasonable solicitors fees or debt collection agency fees. If payment is made by direct credit then advice must be faxed or emailed through to Texco International Ltd prior to the payment taking place. INTEREST Payments not made within 10 days of due date may, at Texco International Ltds discretion, bear interest from the due date at the rate of 2.5% per month until paid (or at such rate as shall be in force at date of purchase). CREDIT LIMIT Texco International Ltd may cancel orders in respect of any undeliverable goods or may withhold delivery of future orders if the Customers account exceeds the credit terms set by Texco International Ltd. NON RECEIPT OR DAMAGE All items must be checked for non-receipt and/or damage and reported in writing by the Customer to Texco International Ltd from the date of delivery within five (5) working days or the claim may be rejected by Texco International Ltd. Texco International Ltd will replace the goods covered by approved claims. RETuRNED GOODS No goods shall be returned for credit unless they meet the criteria outlined under CLAIMS RETuRN POLICY. Cut lengths and made to order products will not be accepted for credit unless proven to be flawed or faulty. CLAIMS All enquiries or claims regarding goods supplied or allegations regarding goods not having been supplied as per invoice/packing slip shall be made with five (5) working days from date of receipt of same and in absence of any such enquiry or claim the Customer shall be taken to accept the terms of the invoices as correct and accept that the goods specified are as delivered. RISk Risk passes to the Customer on delivery or collection of the goods. WARRANTY If the Customer does not acquire, or hold him or herself out as acquiring, the goods for the purposes of a business, no representation, condition, warranty or promise, expressed or implied, applies to this agreement or the sale effected pursuant to it, other than the manufacturers written warranty (if any) and the guarantees provided by the Consumer Guarantees Act 1993. Except as provided in the Consumer Guarantees Act 1993, Texco International Ltd shall not be liable for any loss of any kind whatsoever suffered by the Customer as a result of breach of any of the negligence on the part of Texco International Ltd, its servants, agents or contractors, nor shall Texco International Ltd be liable for any loss, damage or injury caused to the Customers servants, agents, contractors, customers, visitors, tenants, trespassers or other persons. The Customer will indemnify Texco International Ltd against any claim. Notwithstanding anything else in this agreement, the liability of Texco International Ltd arising from the breach of any Texco International Ltds obligations under this agreement, from any cancellation of agreement or from any negligence on Texco International Ltds part, its servants, agents or contractors (but not from any liability under the Consumer Guarantees Act 1993) will be limited to damages which will not exceed the contract price. PRIvACY ACT The Customer authorizes Texco International Ltd: A) to collect and retain and use personal information about the Customer (information contained within this document) for the following: (i) assessing the Customers credit worthiness; (ii) administering the financing, whether directly or indirectly of the Customer contract(s) and enforcing Texco International Ltds rights thereunder; (iii) marketing goods and services supplied by Texco International Ltd B) to provide the following information: (i) to any person for the foregoing purposes; (ii) to employees and agents of Texco International Ltd and any other person, in the ordinary course of business, for any of the foregoing purposes; (iii) to credit agencies for the purposes of maintaining effective credit records. The Customer acknowledges: A) that the information is held by Texco International Ltd at the address specified in this document, notwithstanding that it may also be held elsewhere by Texco International Ltd and other persons for the purposes described above. B) that where information can be readily retrieved the Customer shall have access to it, the right to request correction and the right to be notified of action taken in response to any such request, subject to payment of any reasonable charge. C) that the aforesaid authorisations are irrevocable. OWNERShIP Ownership is reserved: it is expressly agreed that ownership is reserved and legal and equitable title to and property in all goods supplied or agreed to be supplied by Texco International Ltd is and remains vested in Texco International Ltd until payment in full has been received by Texco International Ltd in respect of such goods and all other monies owing by the Customer to Texco International Ltd. Recovery of goods: Notwithstanding anything to the contrary in these terms and conditions and whether or not any term of credit has expired, Texco International Ltd is entitled at any time and from time to time before sales of any item of goods by the Customer to recover and take repossession of such item of goods and otherwise exercise in relation to the goods any of its rights where those rights are covered by common law, contract, statute or in any other way. PERSONAL PROPERTY SECuRITIES ACT 1999 (PPSA) The Customer grants to Texco International Ltd a security interest in the following: A) All present and after acquired goods, supplied by Texco International Ltd to the Customer, including, but not limited to fabrics, robes, towels, sheeting, universal fastenings, domes, drill fabrics together with all associated equipment; and B) All present and after acquired goods, supplied by Texco International Ltd to the Customer described in any: (i) quotation or tender from Texco International Ltd to the Customer; (ii) contract between Texco International Ltd and the Customer including, without limitation, documentation (electronic or otherwise) supplementary to any contract incorporated in the contact by reference or otherwise; (iii) purchase order or any other order for goods from the Customer; (iv) dispatch order, invoice, statement or remittance advice from Texco International Ltd to the Customer. C) The proceeds of sale in respect of any of the goods supplied by Texco International Ltd and on-sold by the Customer. The Customer hereby consents to the registration of a Purchase Money Security Interest or any other applicable security interest in the goods on the Personal Property Securities Register and the Customer hereby waives its right to receive a copy of any verification statement in respect of such registration. The Customer will indemnify Texco International Ltd for any cost incurred in registering and enforcing any security under the PPSA. At the request of Texco International Ltd, the Customer will promptly execute any documents and do anything else required for Texco International Ltd to ensure that any security interest created constitutes a perfected security interest over all personal property supplied by Texco International Ltd until all and any amounts due to Texco International Ltd have been paid in full. This obligation extends to executing any amendments to any contract with Texco International Ltd as reasonably requested by Texco International Ltd and providing the information required by Texco International Ltd to complete and register a financing statement or financing change statement. The Customer will not, without the prior written consent of Texco International Ltd, agree to allow any person (including the Customer) to file a financing statement over any personal property supplied by Texco International Ltd while the Customer is liable to Texco International Ltd for any debt. The terms security interest, perfected security interest, personal property, financing statement and financing change statement referred to in the above clauses have meaning given by PPSA. CLAIMS RETuRN POLICY Goods supplied in error are returnable for replacement or credit, providing the error is notified to Texco International Ltd in writing within five (5) days. No claims will be recognised unless returned goods are in saleable, undamaged and clean condition. Samples and orders must be returned in original packaging. Texco International Ltd at its sole discretion may accept return of goods surplus to requirements of the purchaser in which event the credit may not be greater than 85% of the original purchase price.

I/We .............................................................................................................................................................. accept the Terms and Conditions of Trade Signed in agreement: ....................................................................Name: ........................................................................................Date: .......................
Feb2012