Trade Account Application

Where the Applicant makes this application as a Trustee, it warrants and declares that it has the power and authority to make and execute this Credit Application and that all rights of indemnity which it now has or may have in the future or may otherwise have against the property of the Trust of which it is a Trustee or beneficiary or both, have not been modified or excluded as a result of any act, matter or document made or executed by it or as a result of any breach of fiduciary duty or in any other way. It warrants and declares further that it is has not released and shall not release in the future and shall not cause or permit to be released, lost or diminished in any manner whatsoever, any such rights of indemnity.

The Applicant applies to Vintage Wine PTY LTD (ABN 83 682 409 392) (“Vintage Wine Co”) for credit. The Applicant acknowledges receipt of and accepts the present standard Terms and Conditions and acknowledges that the Terms and Conditions may be changed by Vintage Wine Co from time to time. Where the Applicant makes this application as a trustee, and details of the trust are not provided as above, the below signatories agree to indemnify Vintage Wine Co against any loss of money due to Vintage Wine Co by the Applicant, unless and until details of the trust are provided. I/We warrant that I am/we are authorised to sign this Credit Application on behalf of the Applicant.

I/We note that the trading Terms and Conditions have been provided to us by Vintage Wine Co and that I/we have read and understood them. In consideration of Vintage Wine Co supplying goods on credit to the Applicant:

• I/We note that the trading Terms and Conditions have been provided to us by Vintage Wine Co and that I/we have read and understood them. In consideration of Vintage Wine Co supplying goods on credit to the Applicant:
• I/We (and if more than one, jointly and severally) agree that if the Applicant at any time fails to pay any money due to Vintage Wine Co or fails to perform or observe any term or condition of credit or sale to be performed by the Applicant, I/we will forthwith pay to Vintage Wine Co all money due and payable by the Applicant (or any subsequent owner of the business name of the Applicant) to Vintage Wine Co. No demand by Vintage Wine Co for payment shall be necessary.
• I/We further agree to indemnify Vintage Wine Co against any loss of money due to Vintage Wine Co by the Applicant under or relating to any sale by or credit granted by Vintage Wine Co to the Applicant (or any subsequent owner of the business name of the Applicant) including expenses and legal costs associated with the collection of outstanding monies and including any loss suffered by Vintage Wine Co as a result of the Applicant’s failure to perform or observe any term or condition of credit or sale. I/We now charge my/our interest in any real property registered in my/our name/s in favour of Vintage Wine Co to secure this Guarantee and Indemnity and authorise the lodgement of a caveat to support this charge.
• I/We (and if more than one, jointly and severally) agree that this Guarantee and Indemnity is a continuing Guarantee and Indemnity and will not be invalidated, released or discharged by any event which would or might so invalidate, release or discharge the Guarantee and Indemnity, including (but not limited to) the giving of time, the variation of the terms and conditions of credit or sale, the alteration of the composition of the Applicant or the release of the Applicant or any co-guarantor. I/We understand this Guarantee and Indemnity binds me/us personally.