Thank you for applying for a credit account with Burdens.
This online application service has been provided so we can process your application as quickly as possible.
To complete your application, we will ask for the following information to be provided:
If you require any assistance with your application, please contact our accounts department on 03 9703 8400
CreditorWatch is a provider of credit reporting services.
The Service involves the storage of Data about a company or individual. That Data can include personal information. “Personal information” is information about an identifiable individual, and may include information such as the individual’s name, email address, telephone number, bank account details, taxation details, and accounting and financial information.
CreditorWatch may collect personal information directly from You when You:
You can always choose not to provide Your personal information to CreditorWatch, but it may mean that we are unable to provide You with the Service.
Through Your use of the Service, CreditorWatch may also collect information from You about someone else. If You provide CreditorWatch with personal information about someone else, You must ensure that You are authorised to disclose that information to CreditorWatch and that, without CreditorWatch taking any further steps required by applicable data protection or privacy laws, CreditorWatch may collect, use and disclose such information for the purposes described in this Policy.
This means that You must take reasonable steps to ensure the individual concerned is aware of and/or consents to the various matters detailed in this Policy, including the fact that their personal information is being collected, the purposes for which that information is being collected, the intended recipients of that information, the individual’s right to obtain access to that information, CreditorWatch’s identity, and how to contact CreditorWatch.
Where requested to do so by CreditorWatch, You must also assist CreditorWatch with any requests by the individual to access or update the personal information You have collected from them and entered into the Service.
CreditorWatch collects Your personal information so that we can provide You with the Service and any related services You may request. In doing so, CreditorWatch may use the personal information we have collected from You for purposes related to the Services including to:
By using the Service, You consent to Your personal information being collected, held and used in this way and for any other use You authorise. CreditorWatch will only use Your personal information for the purposes described in this Policy or with Your express permission.
It is Your responsibility to keep Your password to the Service safe. You should notify us as soon as possible if You become aware of any misuse of Your password, and immediately change your password within the Service or via the forgot password process.
By using the Service, You agree that CreditorWatch can access, aggregate and use non-personally identifiable data CreditorWatch has collected from You. This data will in no way identify You or any other individual.
CreditorWatch may use this aggregated non-personally identifiable data to:
All Data, including personal and non-personal information, that is entered into the Service by You, or automatically imported on Your instruction, is transferred to CreditorWatch’s servers as a function of transmission across the Internet. By using the Service, You consent to Your personal information being transferred to our servers as set out in this Policy.
Currently our servers are located in Australia, primarily by Global Switch Pty Ltd. (Global Switch), and Your personal information will be routed through, and stored on, those servers as part of the Service. Global Switch complies with relevant aspects of the U.S.-EU Safe Harbor Framework and has certified that it adheres to relevant Safe Harbor Privacy Principles. If the location of our servers change in the future, we will update this Policy. You should review our Policy regularly to keep informed of any updates.
By providing Your personal information to CreditorWatch, You consent to CreditorWatch storing Your personal information on servers hosted in Australia. While Your personal information will be stored on servers located in the Australia, it will remain within CreditorWatch’s effective control at all times. The server host’s role is limited to providing a hosting and storage service to CreditorWatch, and we’ve taken steps to ensure that our server hosts do not have access to, and use the necessary level of protection for, Your personal information.
CreditorWatch is committed to protecting the security of Your personal information and we take all reasonable precautions to protect it from unauthorised access, modification or disclosure. Your personal information is stored on secure servers that have SSL Certificates issued by leading certificate authorities Symantec Corporation, and all Data transferred between You and the Service is encrypted.
However, the Internet is not in itself a secure environment and we cannot give an absolute assurance that Your information will be secure at all times. Transmission of personal information over the Internet is at Your own risk and You should only enter, or instruct the entering of, personal information to the Service within a secure environment.
We will advise You at the first reasonable opportunity upon discovering or being advised of a security breach where Your personal information is lost, stolen, accessed, used, disclosed, copied, modified, or disposed of by any unauthorised persons or in any unauthorised manner.
CreditorWatch will only disclose the personal information You have provided to us to entities outside the CreditorWatch group of companies if it is necessary and appropriate to facilitate the purpose for which Your personal information was collected pursuant to this Policy, including the provision of the Service.
CreditorWatch will not otherwise disclose Your personal information to a third party unless You have provided Your express consent. However, You should be aware that CreditorWatch may be required to disclose Your personal information without Your consent in order to comply with any court orders, subpoenas, or other legal process or investigation including by tax authorities, if such disclosure is required by law. Where possible and appropriate, we will notify You if we are required by law to disclose Your personal information.
The third parties who host our servers do not control, and are not permitted to access or use Your personal information except for the limited purpose of storing the information. This means that, for the purposes of Australian privacy legislation and Australian users of the Service, CreditorWatch does not currently “disclose” personal information to third parties located overseas.
If you choose to pay for the Service by credit card, Your credit card details are not stored by the Service and cannot be accessed by CreditorWatch staff. Your credit card details are encrypted and securely stored by Data Vault provided by Commonwealth Bank Of Australia to enable CreditorWatch to automatically bill your credit card on a recurring basis. You should review Data Vault by Commonwealth Bank of Australia to ensure you are happy with it.
It is Your responsibility to ensure that the personal information You provide to us is accurate, complete and up-to-date. You may request access to the information we hold about You, or request that we update or correct any personal information we hold about You, by setting out Your request in writing and sending it to us at email@example.com
CreditorWatch will process Your request as soon as reasonably practicable, provided we are not otherwise prevented from doing so on legal grounds. If we are unable to meet Your request, we will let you know why. For example, it may be necessary for us to deny Your request if it would have an unreasonable impact on the privacy or affairs of other individuals, or if it is not reasonable and practicable for us to process Your request in the manner You have requested. In some circumstances, it may be necessary for us to seek to arrange access to Your personal information through a mutually agreed intermediary (for example, the Subscriber).
We’ll only keep Your personal information for as long as we require it for the purposes of providing You with the Service. However, we may also be required to keep some of Your personal information for specified periods of time, for example under certain laws relating to corporations, money laundering, and financial reporting legislation.
In providing the Service, CreditorWatch utilises "cookies". A cookie is a small text file that is stored on Your computer for record-keeping purposes. A cookie does not identify You personally or contain any other information about You but it does identify Your computer.
We and some of our affiliates and third-party service providers may use a combination of “persistent cookies” (cookies that remain on Your hard drive for an extended period of time) and “session ID cookies” (cookies that expire when You close Your browser) on the Website to, for example, track overall site usage, and track and report on Your use and interaction with ad impressions and ad services.
You can set your browser to notify You when You receive a cookie so that You will have an opportunity to either accept or reject it in each instance. However, You should note that refusing cookies may have a negative impact on the functionality and usability of the Website.
We do not respond to or honour “Do Not Track” requests at this time.
CreditorWatch sends billing information, product information, Service updates and Service notifications to You via email. Our emails will contain clear and obvious instructions describing how You can choose to be removed from any mailing list not essential to the Service. CreditorWatch will remove You at Your request.
If You wish to complain about how we have handled Your personal information, please provide our Privacy Officer with full details of Your complaint and any supporting documentation:
Our Privacy Officer will endeavour to:
CreditorWatch reserves the right to change this Policy at any time, and any amended Policy is effective upon posting to this Website. CreditorWatch will make every effort to communicate any significant changes to You via email or notification via the Service. Your continued use of the Service will be deemed acceptance of any amended Policy.
a. Agreement that Burdens Plumbing (Vic) Pty Ltd may seek consumer or commercial credit information (section 18K(1)(b), Privacy Act 1988).
b. If Burdens Plumbing (Vic) Pty. Ltd. considers it relevant to assessing my/our application for consumer or commercial credit, I/we agree to Burdens Plumbing (Vic) Pty. Ltd. obtaining from a credit reporting agency a credit report containing personal credit information about me/us in relation to consumer or commercial credit provided by Burdens Plumbing (Vic) Pty. Ltd.
c. Exchanging information with other credit providers (Section 18N(1)(b), Privacy Act 1988)
d. I/we agree to Burdens Plumbing (Vic) Pty. Ltd. obtaining personal information about me/us from other credit providers, whose names I/we may have provided for Burdens Plumbing (Vic) Pty. Ltd. or that may be named in a credit report, for the purpose of assessing my/our application for consumer or commercial credit made to Burdens Plumbing (Vic) Pty. Ltd.
e. Agreement to credit provider being given a consumer or commercial credit report to collect overdue payments on consumer or commercial credit (Section 18K(1)(h), Privacy Act 1988)
TERMS AND CONDITIONS OF TRADE
The whole of the Agreement between Burden’s Plumbing (Victoria) Pty Ltd ACN 007 236 624 (“Burden’s”) and the Applicant referred to in the Credit Application (“Customer”) are those set out in these Terms and Conditions and those, if any, which are implied and which cannot be excluded by law (“Terms”). Any other contractual terms of the Customer (whether upon the Customer’s order or elsewhere) which are contrary to or inconsistent with these Terms will not apply nor will they constitute a counter-offer. By receiving delivery of all or a portion of the Goods, the Customer is deemed to have accepted these Terms and to have agreed that they apply to the exclusion of all others. Where more than one Customer completes this Application each will be liable jointly and severally.
2. Credit Terms
2.1. Payment is due on or prior to 30 days from the end of the month in which the Invoice is raised (“Due Date), other than the 1st order, where payment will be required before delivery, or unless otherwise agreed.
2.2 If payment for Goods is received by Burden’s by the Due Date, then the sum due for those Goods will be reduced by 2.5% unless that payment is received by credit card.
2.3 Burden’s may charge liquidated damages at a rate equivalent to 5% in excess of the rate of interest for the time being fixed under Section 2 of the Penalty Interest Rates Act 1983 and calculated daily if payment is not made by the due date.
2.4 The Customer is liable for all reasonable expenses and legal costs incurred by Burden’s on a solicitor and own client basis for enforcement of obligations and recovery of monies due from the Customer to Burden’s.
2.5 Unless otherwise specifically agreed, the Customer must not set-off against any debt owing to Burden’s arising out of this Agreement.
2.6 Burden’s, at its absolute discretion, may (but is under no obligation to) extend the credit advanced to a Customer beyond the credit set for the Customer pursuant to this Agreement (“Credit Limit”), without notifying the Customer.
2.7 The Customer acknowledges and agrees that it is at all times the Customer’s responsibility to know how much credit has been extended to them by Burden’s at any given time.
2.8 If a request is made in writing by the Customer, Burden’s will provide details of the credit extended to the Customer as at the date the request is made. Such details will be provided by Burden’s at any given time.
2.9 The Customer is liable for the total sum of the credit extended by Burden’s to the Customer including any credit that exceeds the Customer’s Credit Limit.
3. Quotations and Pricing
If Burden’s provides a Quotation for Services/Goods requested by the Customer:
3.1 Such Quotations are open for acceptance for 14 days from thendate of quotations. After this time the Quotations may be varied.
3.2 All prices quoted are net of 30 day settlement discount.
3.3 All prices are based on taxes and statutory charges current at the time of quotation. Should these vary during the period from date of quotation to the date of invoice the difference will become the responsibility of the Customer and the Customer will be invoiced for the extra charge by Burden’s.
3.4 Goods supplied will be invoiced upon availability.
3.5 Goods supplied and held by Burdens for longer than 30 days shall be returned to the supplier and recharged to the customer by way of a re-stocking and handling charge or 25% of the purchase price whichever the greater. After 30 days items deemed non-returnable shall be charged to the customer in full and those items shall be offered for sale to the public. Proceeds recovered from the sale shall be deducted from the customer charge less handling fees.
4 Delivery & Supply
4.1 Any times quoted for delivery are estimates only and Burden’s will not be liable for failure to deliver, or for delay in delivery.
4.2 The Customer must accept and pay for Goods, despite any delay in delivery or dispatch. 4.3 Burden’s reserves the right to stop supply at any time if the Customer fails to comply with the Terms.
4.4 Where relevant, the Customer must ensure that Burden’s, its servants and agents have full and safe access to the Customer’s premises and any necessary equipment, materials and information.
4.5 Any services to be provided by the Supplier will be:
4.5.1 Deemed to be complete when the Supplier has certified that the Services have been completed; and
4.5.2 Limited to the specific retainer as agreed between the Parties.
Until further payment has been made for all Goods supplied by Burden’s under these Terms (“Goods”) and any other sums in any way outstanding from the Customer to Burden’s from time to time:
5.1 All sums outstanding become immediately due and payable by the Customer to Burden’s if the Customer makes default in paying any other sums due to Burden’s, becomes bankrupt, or commits any act of bankruptcy, compounds with its creditors, has judgment entered against it in any Court or, being a company, has a Provisional Liquidator, Liquidator, Receiver, Manager or Administrator appointed despite the provisions of Clause 2.
5.2 The property in the Goods does not pass to the Customer and the Customer must hold the Goods as Bailee for Burden’s (returning the Goods to Burden’s on request). The Goods will nevertheless be at the risk of the Customer from the time of delivery to the Customer or its nominated agent or collection of the Goods from Burden’s.
5.3 The Customer is only authorised to sell the Goods to third parties on behalf of Burden’s. All payments received from third parties by the Customer for the Goods must be held on trust for Burden’s pursuant to the Bailee/Bailor relationship.
5.4 Burden’s is irrevocably authorised to enter any premises where the Goods are kept, and to use the name of the Customer and to act on its behalf, if necessary, to recover possession of the Goods.
The Customer is not entitled to return the supplied Goods to the Supplier unless Burden’s consents to the return of the Goods and subject to the following conditions:
6.1. The Goods must be returned in unused condition in undamaged packaging.
6.2. The Goods must be returned within one month of purchase.
6.3. The Customer must have the original invoice number when returning the Goods.
6.4. Goods made for the order of the Customer are not returnable.
6.5. It Burden’s consents to the return of the Goods and the manufacturer issues a charge, the charge will become the responsibility of the Customer and the Customer will be invoiced for the charge by Burden’s.
6.6 If Burden’s consents to the return of the Goods, Burden’s may impose a handling charge calculated at 15% of the original price of the Goods.
7 Privacy Act 1988
To enable Burden’s to assess the Customer’s application for credit, the Customer authorises Burden’s:
7.1 To obtain from a credit reporting agency, a credit report containing personal information about the Customer and its guarantors pursuant to Section 18K(1)(b) of the Privacy Act;
7.2 To obtain a report from a credit reporting agency and other information in relation to the Customer’s commercial credit activities.
AND in accordance with Section 18N(1)(b) of the Privacy Act, the Customer authorises Burden’s to give to and obtain from any credit provider named in the accompanying credit application and credit providers that may be named in a credit report issued by a credit reporting agency, information about the Customer’s credit arrangements. The Customer understands that this information can include any information about its credit worthiness, credit standing, credit history or credit capacity that credit providers are allowed to give or receive from each other under the Privacy Act.
The Customer understands the information can be used for the following purposes:
7.3 To assess its application for credit [Section 18L(4) Privacy Act]:
7.3.1 To assist it to avoid defaulting on its credit obligations. 7.3.2 To notify other credit providers of a default by it.
7.3.3 To assess its credit worthiness.
The Customer must notify Burden’s in writing within 7 days of:
8.1 Any alteration of the name or ownership of the Customer.
8.2 The issue of any legal proceedings against the Customer.
8.3 The appointment of any Provisional Liquidator, Liquidator, Receiver, Receiver Manager or Administrator to the Customer. 8.4 Any change in the ownership of the business name of the Customer. The Customer agrees that it will be liable to Burden’s for all Goods supplied to the new owner by Burden’s until notice of any such change is received.
9. Warranties and Indemnity
All Customers warrant that they have received the Goods for the purposes of a business and/or for re-supply in trade and:
9.1 Burden’s gives no warranty that Goods are fit for any particular purpose and all other conditions, warranties and representations whether expressed, implied or statutory are excluded.
9.2 Burden’s will not be liable for any consequential indirect or special damage or loss of any kind whatsoever.
9.3 No claims or return of Goods in respect of such a sale need be recognised unless authorised by Burden’s within 21 days of delivery to the Customer.
9.4 Liability of Burden’s for any loss/damage/injury from any defect or non-compliance of Goods sold is limited to repair, replacement or damages (not exceeding the invoice value) at the option of Burden’s.
9.5 Any statement or representation made expressly or implied by Burden’s or its servants or agents is made in good faith on the basis that neither Burden’s nor its servants or agents take the responsibility for that statement or representation, nor will Burden’s or its servants or agents be liable in respect of any such statement or representation, whether by reason of negligence or for any reason whatsoever, and the entire agreement between the parties is merged herein.
9.6 The Customer indemnifies Burden’s from all claims made on Burden’s arising from or in relation to Burden’s properly carrying out Burden’s obligations under this Agreement.
10. Equitable Charge
The Customer as beneficial owner and/or registered proprietor now charges in favour of Burden’s all of the Customer’s estate and interest in any real property to secure payment of accounts rendered by Burden’s to the Customer for the delivery and/or supply of the Goods including interest payable on these accounts and costs (including legal costs on a full indemnity basis) incurred by Burden’s.
11. Legal Construction
These Terms are governed and interpreted according to the laws of Victoria and Burden’s and the Customer consent and submit to the jurisdiction of the Courts of Victoria. Notwithstanding that any provision of the Terms may prove to be illegal or unenforceable pursuant to any statute or rule of law or for any other reason that the provision is deemed omitted without affecting the legality of the remaining provisions and the remaining provisions of the Terms will continue in full force and effect.