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Credit Account Application

CREDIT ACCOUNT APPLICATION

Step 1 of 2

Date of Birth (individuals only):

FULL LEGAL NAME OF CUSTOMER (not trading name):

TRADING AS:

Nature/Type of Business:

Business Premises Address:

Postal Address (if different from above):

Delivery Address for Goods

Contact Name & Position (re account queries):

Telephone No:

Mobile No:

After Hours No:

Email:

Full Names and Residential Addresses of Directors/Proprietors/Partners:

Name:

Address:

Date of Birth:

Name:

Address:

Date of Birth:

Name:

Address:

Date of Birth:

Next of kin not living at same address: Name:

Phone:

Relationship to you:

Address:

Initial estimated monthly purchases:

Account held previously with Cocky's Corner

Authorised terms of use (persons authorised to purchase; password etc)

Trade References:

Phone:

Fax No:

Phone:

Fax No:

Phone:

Fax No:

Terms & Conditions(Required)

Please ensure you have read and agree to our Terms & Conditions

I have read and accepted the Terms & Conditions.

Signature

Name

Date

Signature

Name

Date

Signature

Name

Date

DEED OF GUARANTEE AND INDEMNITY

In favour of Cocky's Corner (trading as Cocky's Corner) and its successors and assigns

Name of Guarantor:

Address of Guarantor:

Name of Guarantor:

Address of Guarantor:

Customer Name ("Customer"):

Where there is more than one Guarantor named above, the term Guarantor whenever used in this deed (“Deed") shall mean and refer to each of them individually and both of them together and the obligations and agreements on the part of each Guarantor shall bind them jointly and severally.

In consideration of Cocky's Corner (‘Cocky's Corner”) at the request of the Guarantor providing credit and other valuable consideration to the Customer, the Guarantor unconditionally and irrevocably guarantees to Cocky's Corner the due and punctual:

(a) Payment of all moneys which are now or may in the future be owing or remain unpaid by the Customer to Cocky's Corner under any agreement with Cocky's Corner (“Guaranteed Debt”); and (b) Performance and observance by the Customer of all of the Customer’s obligations contained or implied under any agreement with Cocky's Corner (“Guaranteed Obligations”). The Guarantor undertakes to Cocky's Corner that, if the Customer does not pay to Cocky's Corner when due (whether before or after the date of this Deed) any Guaranteed Debt or perform any Guaranteed Obligations, the Guarantor will pay the relevant amount to Cocky's Corner or perform the relevant obligation immediately on demand.

As a separate and continuing undertaking, the Guarantor unconditionally and irrevocably indemnifies Cocky's Corner against all liability or loss (including administration costs and other legal fees and expense on a solicitor and client basis) arising from, and any costs, charges or expenses incurred in connection with, a breach by the Customer of any agreement with Cocky's Corner. The Guarantor acknowledges that it will not be necessary for Cocky's Corner to incur expense before enforcing this right of indemnity.
As between the Guarantor and Cocky's Corner, the Guarantor is liable under this Deed as a sole and principal debtor and not as a surety. The obligations under this Deed are by way of continuing security and are to remain in full force and effect until all of the Guaranteed Debt has been paid in full and all of the Guaranteed Obligations have been fully satisfied.
Any payment made to Cocky's Corner under this Deed is to be made on the due date in immediately available freely transferrable funds in the manner that Cocky's Corner, by notice to the Guarantor, specifies from time to time. Each such payment is to be made free of any restriction or condition and free and clear of and (except to the extent required by law) without any deduction or withholding for tax, whether by way of set–off, counterclaim or otherwise.
Each Guarantor agrees its liability under this Deed is not affected by any matter, including (without limitation): (a) The granting of time, forbearance or other concession by Cocky's Corner to the Customer or any Guarantor; (b) Anything done or omitted or neglected to be done by Cocky's Corner in the exercise or non-exercise of its authorities, powers and discretions;

(c) An absolute or partial release, discharge, or compromise or other arrangement with the Customer or any Guarantor; (d) A variation of any agreement between the Customer and Cocky's Corner or a variation of any other security, guarantee, indemnity or other agreement (whether or not this may increase the liability of the Guarantor); (e) Any other security, guarantee, indemnity or other agreement in respect of the Guaranteed Debt or Guaranteed Obligations not having been provided, or being void, defective or informal, or being released or discharged (in whole or in part); (f) Any other Guarantor being declared incompetent to enter into this Deed or any other security, guarantee, indemnity or other agreement failing to be legally valid in whole or part of it; and (g) The non-execution of this Deed by one or more of the persons named as Guarantor or the unenforceability of this Deed against one or more of the Guarantors, it being the intent of the parties that the obligations of the Guarantor under this Deed are to be absolute and unconditional in any and all circumstances. Cocky's Corner is not liable to the Guarantor in respect of any of these matters, even though the Guarantor's rights in subrogation or otherwise may be prejudiced as a result.

If Cocky's Corner receives a payment that is later avoided by law:

(a) The Guarantor’s liability is not discharged; and (b) The parties will be restored to their respective rights and obligations as if the payment had not been made. 7. The Guarantor agrees that Cocky's Corner shall have the right, at its absolute discretion and upon written request to the Guarantor: (a) To require the Guarantor to complete and register a mortgage (in the form of the then current Auckland District Law Society all obligations mortgage) over any interest in any property owned or held by the Guarantor (whether a beneficial or legal interest and as trustee or otherwise); and (b) To lodge a caveat against the title to any property in respect of which the Guarantor owns or holds an interest (whether beneficial or legal interest and as trustee or otherwise) upon making a written request to the Guarantor for it to register a mortgage pursuant to clause 7(a) above, to secure the Guaranteed Debt and the Guarantor hereby irrevocably agrees to comply with its obligations under this clause 7 whilst any Guaranteed Debt remains outstanding. Where the Guarantor holds an interest in property as a trustee, then for the purposes of this clause 7, the Guarantor warrants that it has the authority of any co-trustee (if any) to grant Cocky's Corner the rights arising under this clause 7 and such grant is authorised by the relevant trust deed.

The Guarantor agrees to indemnify Cocky's Corner against any loss or liability Cocky's Corner may suffer if for any reason Cocky's Corner is unable to recover from the Guarantor any amounts which are payable to Cocky's Corner by the Customer, including (without limitation) where:

(a) Cocky's Corner is prevented from including or recovering an amount as part of the amounts which are payable to it by the Customer by the intervention of a legal rule; (b) The Customer exceeds or misuses powers, does not have the capacity to accept credit, borrow or raise funds or incurs any other liability or obligation, or is affected by any other legal limitation, disability or incapacity; or (c) Any payment to Cocky's Corner or other arrangement relating to any amounts which are payable to Cocky's Corner by the Customer is, or is claimed to be, void or voidable or otherwise recoverable from Cocky's Corner.

No amendment to this Deed will be effective unless it is in writing signed by each Guarantor and Cocky's Corner. 10. No failure to exercise, and no delay in exercising, a right under this Deed by Cocky's Corner will operate as a waiver of that right, nor will a single or partial exercise of a right preclude another or further exercise of that right or the exercise of another right. No waiver of rights under this Deed will be effective unless it is in writing signed by Cocky's Corner.
Cocky's Corner may assign or transfer all or any of its rights or obligations under this Deed without the consent of the Guarantor. 12. The illegality, invalidity or unenforceability of a provision of this Deed under any law will not affect the legality, validity or enforceability of that provision under another law or the legality, validity or enforceability of another provision.
This Deed may be executed in counterparts, which together shall constitute a single instrument, and may also be executed by electronic signature, and the parties agree that electronic copies of signatures shall be valid and binding as originals.

Acknowledgement Each Guarantor acknowledges that: (a) The Guarantor has had the opportunity to obtain independent legal advice prior to executing this Deed; and (b) The Guarantor has read and understood their obligations to Cocky's Corner under this Deed and agrees to enter into this unlimited Deed voluntarily.

Guarantor’s Full Name:

Signed as a Deed by the Guarantor(s):

In the presence of:

Signature:

Witness Address:

Occupation:

Date

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Credit Account Application

CREDIT ACCOUNT APPLICATION

Full Names and Residential Addresses of Directors/Proprietors/Partners:

Trade References:

DEED OF GUARANTEE AND INDEMNITY

In favour of Cocky's Corner (trading as Cocky's Corner) and its successors and assigns

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