Please forward all checklist items to:
Member Applications
Frontline Stores Australia L imited
P.O. Box 404 CANTERBURY VIC 3126
Email: david.sharp@frontlinestores.com.au
Application checklist:
Copy of business registration certificate
Profit & loss and balance sheet of last financial year (existing) or business plan (new business)
Personal assets and liabilities statement
Photograph of business premises
Completed application form
Store Trading Name
ABN
Company Name
Store trading/delivery address
Address for Accounts
entity (please tick)
Email address for accounts:
Email address for promotional material Business phone no.
Contact name:
Web address
Name of Proprietor / Partners / Director( s ) if Applicable
1. Surname Given Names
Address
Drivers Licence No.
Mobile Ph no
Date of birth
2. Surname Given Names
Address
Drivers Licence No.
Mobile Ph no
Date of birth
3. Surname Given Names
Address
Drivers Licence No.
Mobile Ph no
Date of birth
Store Information (Please tick the applicable option for your store)
Do you have other branches or stores?
Are these to be registered with Frontline?
Will these stores buy separately?
Will accounts go to Head Office?
Are these branch stores owned by other individuals/company to those completing this form?
If yes, please specify
Year business established
History of business
Retail experience of proprietor
Please tick the applicable option for your store
Trading Area - (excludes storage & reserves)
< 100m 2 100-200m 2
200-500m 2
500-1,000m 2
1,000-1500m 2 >1,500m 2
Freehold
Store location:
Leasehold
Suburban
Large Shopping Centre Capital City
Rural: <10,000 pop.
Proximity of store to main shopping area
Shopping Strip/Mall
Rural: >10,000 pop
In shopping outlet 0-5km 5-10km
Over 10km
1. Please indicate what product categories you stock in your store and approximate percentage per category. (ie. Specialty Lingerie Stores = 100% Intimate Apparel)
Pr od uct category
(Attach profit and loss statements and balance sheet for last financial year) Current Position As at
Maximum stockholding for last year (at cost)
It
Definitions
ACCOUNT means the account held at your financial institution from which we are authorised to arrange for funds to be direct debited.
AGREEMENT means this Direct Debit Request Service Agreement between you and us.
BUSINESS DAY means a day other than a Saturday or a Sunday or a public holiday listed throughout Australia.
DEBIT DAY means the day that payment by you to us is due.
DEBIT PAYMENT means a particular transaction where a debit is made
DIRECT DEBIT REQUEST means the Direct Debit Request between us and you (and includes any Form PD-C approved for use in the transitional period)
TRANSITIONAL PERIOD means the period commencing on the industry implementation date for Direct Debit Requests (currently 31 March 2000) and concluding 12 calendar months from that date.
US or WE means Frontline Stores Australia Limited which you have authorised by signing a Direct Debit Request YOU means the Applicant who signed the Direct Debit Request
YOUR FINANCIAL INSTITUTION where you hold the Account that you have authorised us to arrange to debit.
1. Debiting your Accoun t
1.1 By signing a Direct Debit Request, you have authorised us to arrange for funds to be debited from your Account subject to the terms and conditions contained in this Application Form. You should refer to the Direct Debit Request, the FrontLine Service Membership Terms and Conditions and the terms contained in this Agreement for the terms of the arrangement between us and you.
1.2 We will only arrange for funds to be debited from your Account if we have sent to the address nominated by you in the Direct Debit Request, a billing advice which specifies the amount payable by you to us and when it is due.
1.3 If the Debit Day falls on a day that is not a Business Day, we may direct your financial institution to debit your Account on the following Business Day.
1.4 If you are unsure about which day your Account has or will be debited you should ask your financial institution.
2. Changes by Us
2.1 We may vary any details of this agreement or a Direct Debit Request at any time by giving you at least fourteen (14) days’ written notice.
3 . Changes by Y ou
3.1 Subject to 3.2 and 3.3, you may change the arrangements under a Direct Debit Request by contacting us at admin@frontlinestores.com.au or by fax on (03) 9888 5522.
3.2 If you wish to stop or defer a Debit Payment you must notify us in writing at least two [2] days before the next Debit Day. This notice should be given to us in the first instance.
3.3 Should you need to cancel your authority for us to debit your Account, you can do so at any time by giving us two [2] days notice in writing before the next Debit Day. This notice should be given to us in the first instance.
3.4 You unconditionally indemnify us in respect of any fees or charges incurred by us as a result or arising out of your late notification of any changes to your Direct Debit Request.
4.1 It is your responsibility to ensure that there are sufficient clear funds available in your account to allow a Debit Payment to be made in accordance with the Direct Debit Request.
4.2 If there are insufficient clear funds in your account to meet a Debit Payment
a) you may be charged a fee and/or interest by your financial institution;
b) you may also incur fees or charges imposed or incurred by us; and
c) you must arrange for the Debit Payment to be made by another method or arrange for sufficient clear funds to be in your account by an agreed time so that we can process the Debit Payment.
4.3 You should check your account statement to verify that the amounts debited from your Account are correct.
4.4 If National Australia Bank Limited A.C.N. 004 044 937 (“National”) is liable to pay goods and services tax (“GST”) on a supply made by the National in connection with this Agreement, then you agree to pay the National on demand an amount equal to the consideration payable for the supply multiplied by the prevailing GST rate.
5. Dispute
5.1 If you believe that there has been an error in debiting your Account, you should notify us directly by phone on (03 9888 5766) and confirm by notice in writing sent to us by letter or fax on (03) 9888 5522 as soon as possible so that we can resolve your query as quickly as possible.
5.2 If we conclude as a result of our investigations that your Account has been incorrectly debited we will respond to your query by liaising with your financial institution to adjust your Account (including interest and charges) accordingly. We will also notify you in writing of the amount by which your Account may be adjusted.
5.3 If we conclude as a result of our investigations that your Account has not been incorrectly debited we will respond to your query by providing you with reasons and any evidence for this finding.
5.4 Any queries you may have about an error made in debiting your Account should be directed to us in the first instance so that we can attempt to resolve the matter without unnecessarily involving third parties. If we cannot resolve the matter
you can still refer it to your financial institution which will obtain details from you of the disputed transaction and may lodge a claim on your behalf.
6. A ccounts:
You should check:
a) with your financial institution whether direct debiting is available from your Account as direct debiting is not available on all accounts offered by financial institutions.
b) your Account details which you have provided to us are correct by checking them against a recent account statement; and
c)with your financial institution before completing the Direct Debit Request if you have any queries about how to complete the Direct Debit Request.
7.1 We will keep any information (including your Account details) in your Direct Debit Request confidential. We will make reasonable efforts to keep any such information that we have about you secure and to ensure that any of our employees or agents who have access to information about you do not make any unauthorised use, modification, reproduction or disclosure of that information.
7.2 We will only disclose information that we have about you:
a)to the extent specifically required by law; or
b) for the purpose of this Agreement (including disclosing information in connection with any query or claim)
8.1 If you wish to notify us in writing about anything relating to this Agreement, you should write to the Credit Controller of FrontLine Stores Australia Ltd. at admin@frontlinestores.com.au or by fax at (03) 9888 5522.
8.2 We will notify you by sending a notice in the ordinary post to the address you have given us in the Direct Debit Request.
8.3 Any notice will be deemed to have been received two business days after it is posted or upon receipt of a facsimile or email confirmation that the notice has been successfully received
Request and Authority to debit the account named below to pay FrontLine Stores Australia Ltd
Surname or company name
Given Names or ABN/ARBN (“The Applicant”) requests and authorises FrontLine Stores Australia Ltd, Debit User No 41264, to arrange for any amount FrontLine Stores Australia Ltd may debit or charge to the Applicant to be debited through the Bulk Electronic Clearing System from an account held at the financial institution identified below subject to the terms and conditions of the FrontLine Member’s Edge Program Terms and Conditions and the Direct Debit Request Service Agreement (and any further instructions provided below).
Insert the Name and Address of the Financial Institution at Which Your Account is Held
Financial institution name
Address
Insert Details of Account to Be Debited
Name of account
BSB number - - _____ / _____ - -
Account number
By signing this Direct Debit Request the Applicant acknowledges having read and understood the FrontLine Member’s Edge Program Terms and Condition and the Direct Debit Request Service Agreement governing the debit arrangements between the Applicant and FrontLine Stores Australia Ltd as set out in the Direct Debit Request and the applicant agree to be bound by the same.
The first debit will be made on _____/_____/_____ and at monthly intervals thereafter on the 25th day of the calendar month.
If the applicant is a corporation and has more than one director, please ensure that that two company officers complete and sign this section
Signature Signature
Name / Position
Date _____/_____/_____
Name / Position
The Direct Debit will fall due on the 25th of the month, or the next available business day.
By submitting this Application Form, you acknowledge and agree that: 1. if your Application is successful, you will be bound by the FrontLine Membership Terms and Conditions; 2. you have received, read and understood the FrontLine Membership Terms and Conditions prior to submitting your Application Form.
Your membership requires a joining fee of $999 including GST plus a monthly fee of $119 including GST. You authorise us to communicate (on your behalf) with the suppliers you have agreed to sign up with as part of this membership.
You may cancel your membership any time in accordance with the terms and conditions of the FrontLine Member’s Edge Terms and Conditions.
By submitting this application form, the Company acknowledges and consents to the use by FrontLine and its employees, officers and agents for the purpose of supply services to it hereunder and for general marketing purposes and otherwise in accordance with FrontLine’s privacy policy from time to time, which is available at the website www.frontlinestores.com.au or upon request. Other than in the circumstances allowed under relevant privacy laws, FrontLine will not disclose any personal information collected to other parties. General marketing includes our weekly supplier bulletin to advise our Preferred Suppliers of new members to the Frontline Stores group. This will include your nominated contact details so that our suppliers can establish normal trading relationships with you. The company may contact FrontLine’s Privacy Officer at any time to access or change any personal information provided to FSAL, or to opt out of receiving special marketing material from our preferred suppliers.
• MONTHLY FEE $119 – additional stores – no charge
• JOINING FEE $999 – additional stores – no charge
• You authorise us to debit your account (specified above) on the 25th day of each calendar month
• You agree to us contacting suppliers ticked to set up agreed services on your behalf
• You agree to settle your trading account with us by the 25th day of the month for charges incurred for the month
• You agree to be bound by the FrontLine Membership Terms and Conditions, of which you have received a copy and have read and understood same.
I am / We are authorised to si gn on behalf of the applicant.
Executed By
Business Name
ABN in accordance with Section 127 of the Corporations Act 2001
Sole Trader / Director / Secretary
(Print name)
Sole Trader / Director / Secretary
(Print name)
Sole Trader / Director / Secretary
(Print name)
210 Canterbury Road
Canterbury in the State of Victoria
IN CONSIDERATION of FSAL at the request of the guarantors named and described in Item A of this Deed of Indemnity & Guarantee (hereinafter called “the Guarantors”) agreeing to provide services and financial accommodation upon and subject to the Service Membership Terms and Conditions of FSAL (hereinafter called “the Services”) to the Member named and described in Item B of this Deed of Indemnity & Guaran tee (hereinafter called “the Member”) the Guarantors hereby jointly and severally guarantee to FSAL the due and punctual payment by the Member for all the Services FSAL may from time to time provide to the Member and we the Guarantors expressly acknowledge and declare that this indemnity and guarantee is given upon and subject to the following conditions:
WE shall not be released by the exercise or the postponement of the exercise by FSAL of any power right authority or discretion conferred either by law or by any agreement whatsoever between FSAL and the Member or by any time being given to the Member or by FSAL enforcing or forbearing to enforce any agreement for payment of monies payable by the Member under any agreement whether express or implied or enforcing or forbearing to enforce any other remedies available to FSAL or by any other matter or thing whatsoever which under the law relating to sureties would but for this provision have the effect of releasing us or which we might otherwise be entitled to claim and enforce.
THIS Guarantee shall be a continuing Guarantee and shall not be considered as wholly or partially discharged by the payment at anytime hereafter of any part of the payments hereby guaranteed by any settlement of account intervening payment or by any other matter or thing whatsoever.
THIS Guarantee shall endure for the benefit of FSAL and its successors and transferees.
THIS Guarantee shall not be determined by the death of one or other or both of us and shall bind our respective legal personal representatives. THIS Guarantee shall not be determined affected or prejudiced by any variation or modification of the terms of the supply of the Services by FSAL to the Member.
THIS Guarantee shall be a principal obligation and shall not be treated as ancillary or collateral to any other obligations whatsoever and FSAL shall be at liberty to act as though we were the principal debtor and we hereby waive all and any rights as surety which may at any time be inconsistent with the provisions of this Guarantee.
FSAL may at any time or times at its absolute discretion and without giving any notice whatsoever to us refuse further credit or supply of the Services to the Member or may grant to the Member or to any drawers acceptors or endorsers of bills of exchange promissory notes or other securities received by FSAL from the Member or on which the Purchaser may be liable to FSAL any time or other indulgence and compound with the Purchaser or them respectively without discharging or impairing our liability under this Guarantee.
UNTIL FSAL shall have received all monies for the Services supplied by it we shall not be entitled on any grounds whatsoever to claim the benefit of any security for the time being held by FSAL or either directly or
indirectly to claim or receive the benefit of any dividend or payment on the winding up of the Member and in the event of the Member going into liquidation or assigning its assets for the benefit of its creditors or making a deed of arrangement or a composition in satisfaction of its debts or a scheme of arrangement of its affairs we shall not be entitled to prove our claim in the liquidation of the Member in competition with FSAL so as to diminish any dividend or payment which but for such proof FSAL would be entitled to receive out of such winding up and the receipt of any dividend or other payment which FSAL may receive from such winding up shall not prejudice the right of FSAL to recover from us the full amount of this Guarantee the moneys for the services supplied by it and we further covenant with FSAL to pay to FSAL all sums of money received by FSAL for credit of any account of the Member and for which FSAL may in any bankruptcy liquidation or official management of the Member be obliged to account or may in its discretion so account.
FOR the consideration aforesaid and as a separate and severable covenant we hereby agree to indemnify FSAL not only by reason of the non-payment by the Member of all money for the services supplied by FSAL but also in respect of all costs charges and expenses whatsoever which FSAL may incur by reason of any default on the part of the Member in relation to the Services, including legal costs on a solicitor own client basis.
THIS Guarantee and Indemnity shall at all times be valid and enforceable against us notwithstanding:
That the agreement/s for the sale of the services is/are void or cannot be legally enforced against the Member;
That the Member was prohibited (whether expressly or by implication) by law contract or otherwise from purchasing the Services or was without capacity power or authority to purchase the Services; That FSAL had or ought to have had knowledge of any such prohibition or lack of capacity power or authority as aforesaid; That any other person who has agreed to act as Guarantor has not executed these presents.
ANY demand or notice to be made upon us by or on behalf of FSAL hereunder shall be deemed to be duly made if the same be in writing and signed by a Director of FSAL or by any Solicitor purporting to act for FSAL or by any other person duly authorised by FSAL to make such demand on behalf of FSAL and the same be left at or sent via email or the post in a pre-paid letter addressed to us at our addresses as specified in our member application form or delivered personally to us. Any demand so sent by post shall be deemed to have been duly served at the expiration of 48 hours from the time of its posting and notwithstanding that it may subsequently be returned through the Post Office unclaimed.
IN the construction of this Deed the singular shall include the plural and the masculine the feminine and words importing persons shall include corporations and vice versa and where there is more than one Guarantor the covenants herein expressed shall bind them jointly and severally.
Director/s Witness
Full name of Witness