Whitcoulls Business Account Terms and Conditions

1. In these terms and conditions, ‘Whitcoulls’ or ‘Whitcoulls Business’ means Whitcoulls 2011 Limited, ‘customer’ means the person, Company, Organisation or Partnership for whom this account is to be opened, ‘Account’ means account at Whitcoulls in the name of the customer.

2. Use of this account shall constitute acceptance of these terms and conditions.

3. The customer may use the account at all retail branches of Whitcoulls or online at www.whitcoullsbusiness.co.nz

4. Whitcoulls will send a monthly statement of account to the customer, who must pay within twenty days from the date of such statement the total sum due.

5. Interest may be charged on an overdue account calculated on a daily basis from the due date for payment at the rate of 1.5% per month or any other rate that Whitcoulls shall determine from time to time. Subject to any disputes on any invoices which are not paid within twenty days of the statement will be deemed to be overdue.

6. The account may be cancelled by Whitcoulls and the whole amount owing shall be immediately due and payable to Whitcoulls (a) on the appointment of a liquidator or receiver of the customer; (b) upon the sale of more than fifty percent of the business, or in the case of companies, change of shareholders in excess of fifty percent, or (c) at the discretion of Whitcoulls if a customer is in breach of these terms and conditions, or (d) upon the termination of this contract by the customer pursuant to clause 8 below.

7. The customer shall not be liable for any indebtedness arising from the fraudulent use of the account, provided that the customer must on discovering the fraudulent use of the account, immediately notify the Credit Manager or the nearest branch of Whitcoulls of such fraudulent use. The burden of proving such use was fraudulent shall be upon the customer. The customer shall endeavour to return all goods acquired by fraudulent use.

8. The customer may close the account, provided that the whole sum owing (plus interest, if applicable) at the time of closure is paid in full to Whitcoulls. The customer must return the Business Account Card together with an instruction in writing to close the account.

9. Whitcoulls may amend the terms and conditions of this contract by giving the customer not less than 30 days’ notice in writing.

10. Property and title in any goods purchased by the customer through the facility of the account shall remain with Whitcoulls until paid for in full. In the event of the account being cancelled, the customer authorises Whitcoulls to take any actions necessary to enable Whitcoulls to retake possession of such goods, including entering the customer’s premises to uplift such goods.

11. The customer shall be liable for all costs of collection and legal fees on a solicitor client basis incurred by Whitcoulls in recovering amounts payable hereunder and in repossessing of the goods purchased by the customer.

12. Whitcoulls reserves the right to accept or decline an application for an account at its sole and unquestionable discretion.

13. Whitcoulls collects and uses your personal information, and discloses it to third parties, for the purposes of the Account and as described in its Privacy Notice. You have the right to update or correct your personal information either online at Whitcoulls or by contacting Whitcoulls directly.

Click here to view Whitcoulls Privacy Notice.

14. When you apply for an Account online, or when you access your Account online, you will be required to create a secure password to access your account via the Website. You agree not to disclose your password to any other person.