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Trading Account Application Form
In order to apply for a trading account with Amathus Drinks PLC this form must be completed accurately and in full, all terms and conditions must be readthoroughly. We welcome your custom, and aim to respond to your application as soon as possible. In order to aid us in dealing with your applicationplease be as informative as possible. Any missing information could slow down your application and could result in your trading account being rejected.
M/d/yyyy
Company Information
Bank Details
TRADE REFERENCES (Preferably your licensed supplier)
DIRECTORS, PROPRIETORS, PARTNERS DETAILS
Personal Guarantee Form(s) In support for you application for a trading account with Amathus Drinks Plc, you and your partner or fellow Director should complete the Personal Guarantee forms attached.
For your convenience and in support of your application you may wish to pay by Direct Debit. Please complete attached Direct Debit Mandate form.
We will make a search with a credit reference agency, which will keep a record of the search. We may also make enquires about the principle directors with a credit reference agency.
Please complete the following in full, in order to avoid any delays in opening a trading account.
I/We confirm that I/We have read and agreed to your Terms and conditions of Trading, a copy of which has been given to Me/Us.
Signature Must be of a Director/Proprietor/Partner.
TERMS & CONDITIONS OF SALE
Governed by English law, we may from time to time alter the conditions of sale without further notice.
  +AVAILABILTY
All products are sold subject to availability.
  +PRICES
The prices shown on our list are exclusive of vat and are duty paid; wines and spirits are shown per bottle; beers and minerals are shown per case.
  +BREAKAGES
All goods must be examined at the time of delivery and claims for breakage’s will only be accepted if we are notified at the time of delivery and the damaged products and their packaging are returned for inspection and the loss or damage is noted at the time of delivery.
  +RETURN OF GOODS
Returns will not be accepted unless the goods were not ordered or they arrived damaged. In these cases the customer will be repaid by credit note after the goods have been returned. We shall not accept the return of goods that are price marked or disfigured or otherwise incapable of resale.
  +PAYMENT TERMS
Trade invoices are due for payment on delivery, unless other arrangements have been made. Amathus Drinks PLC will implement all provisions of the Late Payment of Commercial Debts (Interest) Act 1998 in respect of late payment of invoices. A charge of £15.00 +VAT will be applicable on any represented or unpaid cheques.
  +RISK AND PROPERTY
Risk of damage to or loss of the Goods shall pass to the customer:-i. At the time of delivery, or if the customer wrongfully fails to take delivery of the Goods, the time when Amathus Drinks PLC has tendered delivery of the goods. ii. Notwithstanding delivery and the passing of risk in the goods, or any other provision of these Conditions, the property in the Goods shall not pass to the customer until the invoicer has received in cash or cleared funds, payment in full of the price of the Goods, and all other Goods agreed to be sold by the supplier to the Customer for which payment is due (and for the purposes of this provision payment shall be deemed to be due on delivery.)iii. Until such time as the property in the Goods passes to the Customer, the Customer shall hold the Goods as the Supplier’s fiduciary agent and bailee and keep the Goods separate from those of the Customer and third parties and properly stored, protected and insured and identified as the Suppliers property. Until that time the Customer shall be identified to resell or use the Goods in the ordinary course of business, but shall account to the Supplier for the proceeds of sale or otherwise of the Goods, whether tangible or intangible, including insurance proceeds, and shall keep all such proceed, properly stored, protected and insured. iv. Until such time as the property in the Goods passes to the Customer (and provided the Goods are still in existence and have not been sold), the Supplier shall be entitled at any time to require the Customer to deliver-up the Goods to the Supplier or their agents and, if the customer fails to do so forthwith, to enter upon any premises of the customer or any third party where the Goods are stored and repossess the Goods. v. The Customer shall not be entitled to pledge or in any way charge by the way of security for any indebtedness any of the Goods which remain the property of the supplier, but if the customer does so all monies owing to the Invoicer by the Customer shall (without prejudice to any other right or remedy of the Supplier or Invoicer) forthwith become due and payable.
  +CANCELLATION OF ORDERS
If an order is cancelled by the customer 10 working days before delivery date the customer shallforthwith pay to Amathus Drinks PLC a charge of equivalent to 50% of the invoice value of the goods
  +TRADE SAMPLES
These are offered at list price and the cost per sample will be credited when the first order for the product is made.
  +DATA PROTECTION ACT
To comply with the Data Protection Act (2000) we are required to inform you that we have recorded yourname and address on our computer for the sole purpose of sending you a catalogue and other information. Your name and addresswill not be given to third parties.
  +INSOLVENCY
If the customer makes any voluntary arrangement with his creditors or becomes subject to insolvency procedureor administration order or (being an individual or firm) becomes bankrupt or (being a company) goes into liquidation (otherwisefor the purposes of amalgamation or reconstruction) or an encumbrance takes possession or a receiver is appointed of any of theproperty or assets of the Customer or the Customer ceases or threatens to cease to carry on business or Amathus Drinks PLC.reasonably apprehends that any of the above are about to happen, the Invoicer shall without prejudice to any rights in respect of anyantecedent breach and if the goods have been delivered but not paid for the price shall become immediately due and payable.
  +VARIATION
Any variation of these terms must be in writing and signed by a director of Amathus Drinks PLC. Clause headings arefor convenience and shall not affect the interpretation of these conditions.
  +ORDER DETAILS
Minimum order for free delivery - £300 ex vat - London- £500 ex vat - NationallyOrder deadline for next day delivery - 12.30pm
  +SALE OR RETURN
None of the goods are supplied on a sale or return basis.
  +EXCLUSION OF LIABILITY
The company’s guarantee is provided by Amathus Drinks Plc and accepted by the Customer insubstitution for all express or implied representations conditions and warranties statutory or otherwise as to the state quality fitnessfor purpose or performance of the goods and all such representations conditions and warranties are hereby expressly excluded.Except for any liability which it may incur for death or personal injury resulting from negligence the Company shall not be liable inany manner whatsoever whether in contract, in tort, in misrepresentation vicariously or otherwise for any consequential or otherloss, damage or injury howsoever caused which may arise out of or in connection with the supply of goods whether in accordancewith this agreement or otherwise (including goods supplied under the said guarantee)
  +INCONSISTENCY
In case of Inconsistency between Amathus Drinks PLC’s Terms and Conditions of Sale and those of their customers,the former will prevail.
Personal Guarantee 1
In consideration of Amathus Drinks PLC which is a company registered in England and Wales under number 1689532and whose registered office is at 309, Elveden Road, Park Royal, London, NW10 7ST (“you”) granting and continuingto grant at my request credit facilities to ___________________________________which is a company registered inEngland and Wales under number______________and whose registered office is at __________________________________________________________________________________________(“the Buyer”), I guarantee payment to youon demand of all moneys obligations and liabilities whether actual contingent now or hereafter due owing or incurredto you from or by the Buyer together with interest both before and after judgment until payment up to a maximum of£_______.
Any obligation or liability purported to be incurred by the Buyer which is not or ceases to be recoverable against itwhether by reason of any legal limitation disability incapacity lack of authority or any other fact whether known to youor not shall nevertheless be recoverable from me as if I were the sole or principal debtor and shall be paid by me ondemand.I agree that your rights against me shall not be prejudiced by any variation of the terms and conditions of any facilityto the Buyer or by any time or indulgence or other arrangements you make or any compounding with the Buyer orany other person or by the release of the Buyer from liability by operation of law or otherwise or by your releasingvarying or failing to perfect any guarantee or security for such moneys obligations and liabilities or by any change in theconstitution of the Buyer or by anything which but for this provision might exonerate me. You shall not be required topursue any other right remedy or security which you may have before calling on me to payThis guarantee is a continuing security notwithstanding the liquidation of the Buyer or any settlement of account orother matter whatsoever and shall remain in force until the ultimate balance owing to you by the Buyer has been paidor discharged in fullI hereby waive all rights of subrogation and agree not to claim any set-off or counter-claim against the Buyer or anyperson liable or to claim or prove in competition with you in the event of the insolvency of the Buyer or to have thebenefit of or share in any other guarantee obligations and liabilities actual or contingent now or hereafter due owing orincurred to you from or by the BuyerThis guarantee is in addition to and without prejudice to any indemnity guarantee pledge lien charge or other securityand to any other rights and remedies whatsoever you may have from time to timeI have taken independent legal advice upon the contents of and my liability under this GuaranteeThis guarantee shall be governed by and interpreted according to English law.IN WITNESS whereof this Guarantee has been executed as a Deed the day and year first before written
Independent witness signature, name, address and occupation
Verified by Amathus Business Development Executive:
Personal Guarantee 2
In consideration of Amathus Drinks PLC which is a company registered in England and Wales under number 1689532and whose registered office is at 309, Elveden Road, Park Royal, London, NW10 7ST (“you”) granting and continuingto grant at my request credit facilities to ___________________________________which is a company registered inEngland and Wales under number______________and whose registered office is at __________________________________________________________________________________________(“the Buyer”), I guarantee payment to youon demand of all moneys obligations and liabilities whether actual contingent now or hereafter due owing or incurredto you from or by the Buyer together with interest both before and after judgment until payment up to a maximum of£_______.
Any obligation or liability purported to be incurred by the Buyer which is not or ceases to be recoverable against itwhether by reason of any legal limitation disability incapacity lack of authority or any other fact whether known to youor not shall nevertheless be recoverable from me as if I were the sole or principal debtor and shall be paid by me ondemand.I agree that your rights against me shall not be prejudiced by any variation of the terms and conditions of any facilityto the Buyer or by any time or indulgence or other arrangements you make or any compounding with the Buyer orany other person or by the release of the Buyer from liability by operation of law or otherwise or by your releasingvarying or failing to perfect any guarantee or security for such moneys obligations and liabilities or by any change in theconstitution of the Buyer or by anything which but for this provision might exonerate me. You shall not be required topursue any other right remedy or security which you may have before calling on me to payThis guarantee is a continuing security notwithstanding the liquidation of the Buyer or any settlement of account orother matter whatsoever and shall remain in force until the ultimate balance owing to you by the Buyer has been paidor discharged in fullI hereby waive all rights of subrogation and agree not to claim any set-off or counter-claim against the Buyer or anyperson liable or to claim or prove in competition with you in the event of the insolvency of the Buyer or to have thebenefit of or share in any other guarantee obligations and liabilities actual or contingent now or hereafter due owing orincurred to you from or by the BuyerThis guarantee is in addition to and without prejudice to any indemnity guarantee pledge lien charge or other securityand to any other rights and remedies whatsoever you may have from time to timeI have taken independent legal advice upon the contents of and my liability under this GuaranteeThis guarantee shall be governed by and interpreted according to English law.IN WITNESS whereof this Guarantee has been executed as a Deed the day and year first before written
Independent witness signature, name, address and occupation
Verified by Amathus Business Development Executive:
STATEMENT OF ASSETS & LIABILITIES
Personal Assets of the Guarantor
Personal Liabilities of the Guarantor
Guidance notes & examples:
example of types of assets: savings, cash, property, life policies, stock, shares, carsexamples of types of liabilities: Mortgage, overdraft, credit card, loans, hire purchase agreements, other personal gurantees & debenturesexamples of types of proof of ownership: bank/mortgage statements, V5 doc, lease agreements
SPECIAL DELIVERY INSTRUCTIONS
To be filled in by Amathus Business Development Executive.