Elders Trading Account
Competitive and flexible trading terms for your farming business
Elders is committed to supporting farmers by ensuring you’re able to purchase all the products and services you need to operate a successful farm business. We offer trading facilities specifically designed to meet your farming needs. An Elders Trading Account enables you to make purchases from your local Elders branch and offers you competitive and flexible trading terms from our varied clients.
After completing an application form and providing the necessary financial statements, your Elders Trading Account will be opened. You’ll be free to start making purchases up to your approved credit limit, with each purchase detailed on your monthly account statement.
If required, Elders can also make arrangements for alternate trading terms, depending on your individual circumstances.
Your Elders Trading Account can be easily viewed online through Elders Online, allowing you to stay informed and in control whenever you and your business team need insights.
To set up an Elders Trading Account, contact your local branch today.
You can pay your Trading Account Statements in several ways:
Pay directly into the Elders Ltd account:
BSB: 085 456
For your unique account number, please refer to the detail under ‘Payment Options’ on the reverse of your statement.
You will need the correct BPAY® Biller Code and your Reference Number from your statement.
Elders Limited: 716811
B&W Rural Pty Ltd: 716829
® Registered to BPAY Pty Ltd ABN 69 079 137 518
Please include the detail from the payment slip on the bottom of your statement.
Make your cheque or money order payable to the company name listed on your statement (Elders Limited, Killara Feedlot Pty Ltd, B&W Rural Pty Ltd.).
Mail your cheque or money order directly to your local branch.
Payments by credit card will incur a credit card transaction fee.
Elders accepts Visa, MasterCard and AMEX, the transaction fee may vary depending on your payment method.
The credit card transaction fee will be added to your payment total and debited to your credit card when payment is made.
We also offer assistance through our Internet Customer Service Centre, which is available from 8.30 am 5.00 pm EST on 1300 655 688**, or you can email us.
**Local call cost, may be higher for mobile and pay phones.
Terms and Conditions
The Applicant applies to open a trading account with Elders Rural Services Australia Ltd (“Elders”). Elders is prepared to assess that application and, if approved, to provide the Applicant with a trading account on the terms and conditions set out below (“Terms”). If Elders approves the application the Terms will govern each supply of goods and services to the Applicant by Elders or by other members of the corporate group to which Elders belongs or other entities for whom Elders distributes products (“Associated Entities”).
1. Until Elders expressly notifies the Applicant that its application has been approved, the Applicant has no right to acquire goods or services from Elders on credit. If, in the meantime, Elders or its Associated Entities supply goods or services to the Applicant on terms other than “cash on delivery”, such supply does not mean that Elders has approved the Applicant’s application.
2. If Elders approves the Applicant’s application, Elders may thereafter, in its sole discretion and with immediate effect, suspend or cancel the trading account without a prejudice to any other rights that Elders may have under the Terms or at law.
3. The purchase price (inclusive of GST) for all goods and services that Elders or its Associated Entities supplies to the Applicant will be debited to the trading account on the date of supply.
4. The due date for payment in relation to livestock purchases effected through Elders, is 10 days from the date of purchase (unless otherwise advised by Elders). The due date for payment in relation to the supply of other goods and services, is the last working day of the month following the month of purchase.
5. The Applicant irrevocably directs Elders to credit to the Applicant’s trading account the proceeds of sale of any livestock, grain or other produce sold by the Applicant through the agency of Elders.
6. Elders may set off against any monies that Elders owes to the Applicant any monies that the Applicant owes to Elders.
7. From time to time Elders and the Applicant may enter into separate agreements for the provision of specific goods or services (for example, livestock sale agreements). Any deferred payment terms granted to the Applicant under those agreements will be subject to these Terms, except to the extent the other agreement is inconsistent with these Terms. These Terms otherwise form the entire agreement between Elders and the Applicant and they supersede all prior agreements, representations, conduct and understandings.
8. Elders retains title to and ownership of any goods supplied to the Applicant until Elders receives the whole of the purchase price for those goods and all other monies that the Applicant owes to Elders in connection with these Terms. Until title and ownership of goods passes to the Applicant the Applicant holds the goods as fiduciary, bailee and agent for Elders. The Applicant may only use the goods in the ordinary course of the Applicant’s ordinary business, unless and until Elders notifies the Applicant to cease all use of those goods.
9. Elders may repossess any goods the title and ownership of which has not passed to the Applicant in accordance with these Terms and may appoint a receiver to do so. For the purposes of Elders exercising its rights under this clause, the Applicant grants to Elders an irrevocable licence, and irrevocably appoints Elders as the Applicant’s agent, to enter and remain on the Applicant’s premises or any other premises where such goods may be located. Elders may sell or otherwise dispose of such goods in Elders’ absolute discretion but without limiting Elders’ other rights consequent upon any default by the Applicant.
10. These Terms form a security agreement for the purposes of the Personal Property Securities Act 2009 (Cth) (“PPSA”). The Applicant must do such things as Elders may require from time to time to ensure that any security interest of Elders is perfected under the PPSA for whatever period that Elders, in its sole discretion, determines. The Applicant must reimburse and indemnify Elders for all expenses incurred by Elders in registering its security interest on the PPSA register.
11. The Applicant must keep Elders fully informed of all relevant information regarding the Applicant, including providing not less than 14 days’ notice in writing of any proposed change in name or contact details. The Applicant must immediately notify Elders of any material changes in the Applicant’s business activities.
12. Any property that the Applicant uses the trading account to purchase is commercial property for the purposes of the PPSA.
13. Nothing in sections 125, 132(3)(d), 132(4), 135, 142 and 143 of the PPSA and Part 4.3 (other than Division 6 of Part 4.3) of the PPSA shall apply to this agreement, or the security under this agreement. To the extent permitted by the PPSA, the Applicant waives its rights in respect of this agreement, or the security under this agreement, to receive any notice or statement under the following sections of the PPSA: 95 (notice of removal of an accession); 118 notice of decision to enforce security interest under land law); 121(4) (enforcement of liquid assets – notice to grantor); 123 (notice of seizure of collateral); 130 (notice of disposal of collateral); 132(3)(d) (statement of account following a disposal showing the amounts paid to other secured parties); 132(4) (statement of account if there is no disposal); 135 (notice of retention of collateral); 157 (notice in relation to registration events); all sections in Part 4.3 (other than those in Division 6 of Part 4.3).
14. Elders and the Applicant must not disclose information of the kind referred to in section 275(1) of the PPSA (except where required under section 275(7) of the PPSA) and must not authorize the disclosure of such information at any time. Elders may use any personal information of the Applicant to register and enforce any security interest of Elders under the PPSA.
15. In these Terms, an “event of default” occurs when: (a) the Applicant fails to pay any monies due to Elders by the due date for payment; (b) the Applicant breaches any other provision of these Terms; (c) the Applicant becomes bankrupt, insolvent (within the meaning of the Corporations Act 2001 (Cth)) or under administration, or if any step is taken to instigate any such event; or (d) distress, attachment or other execution is levied or enforced over any of the Applicant’s property.
16. If an event of default occurs: (a) all monies due (actually or contingently) by the Applicant become immediately due and payable; (b) interest (at Elders’ prevailing rate at that time) will be charged (calculated on a daily basis and debited monthly in arrears to the account) on the overdue amount from and including the date of the relevant transaction to but excluding the date of payment; (c) the Applicant must on demand pay to Elders all costs and expenses incurred by it as a result of the event of default, including all legal costs on a full indemnity basis and fees or commissions payable by Elders to any collections agency; and (d) the Applicant must on demand grant to Elders any mortgage or other security over any of the Applicant’s property real or personal which Elders requires and such security shall be in a form acceptable to Elders.
17. Elders does not exclude or limit the application of any provision of any applicable legislation or other regulation (including the Competition and Consumer Act 2010 (Cth)) where to do so would contravene that legislation or regulation or cause any part of these Terms to be void. Nothing in these Terms is to be interpreted as doing so.
18. Subject always to clause 17, to the extent permitted by law, Elders excludes from these Terms: (a) all conditions, warranties, guarantees and terms implied by statute, general law, international convention or custom, except any implied term, condition, guarantee or warranty the exclusion of which would contravene any statute or cause this clause to be void (“Non-excludable Condition”); (b) all liability to the Applicant for direct, consequential or indirect loss or damages arising out of or in connection with these Terms even if Elders knew they were possible, or they were otherwise reasonably foreseeable, and including without limitation, loss of profits and damage suffered as a result of claims by any third person; and (c) all liability to the Applicant in negligence for acts or omissions of Elders, its employees, agents and contractors arising out of or in connection with these Terms.
19. To the fullest extent permitted by law, the liability of Elders to the Applicant for breach of any Non-excludable Condition which is applicable is limited to any one of the following, at the option of Elders: (a) in the case of goods, replacement of the goods or the supply of equivalent goods, repair of the goods, payment of the cost of replacing the goods or acquiring equivalent goods, or payment of the costs of having the goods repaired; and (b) in the case of services, the supply of the services again or payment of the cost of having the services supplied again.
20. Except as provided in clause 19 of these Terms, to the fullest extent permitted by law: (a) Elders has no liability or obligation to the Applicant or any other person arising (directly or indirectly) out of, or in connection with, the matters referred to in clause 9; (b) the Applicant represents and warrants to Elders that it is relying, and will continue to rely, upon the Applicant’s own skill and judgement in relation to the quality of goods and services, and their fitness for any purpose that may be required and not upon any conduct or representation of Elders; and (c) the Applicant releases and forever discharges Elders from each matter referred to in clause 18 of these Terms and agrees to indemnify and keep indemnified Elders from any loss arising out of any of the matters referred to in clause 18.
21. The Applicant assumes all risk of loss of, or damage to, any goods supplied by Elders or its Associated Entities (regardless of the manner in which such loss or damage is caused and whether caused by the Applicant or Elders) from the time of dispatch to, or collection by, the Applicant (whichever is the earlier).
22. The Applicant permits Elders, as the Applicant’s agent, to produce tax invoices on behalf of the Applicant in respect of supplies made by the Applicant. The Applicant shall not issue tax invoices in respect of supplies made by the Applicant where Elders has produced a tax invoice on the Applicant’s behalf.
23. A certificate signed by an employee of Elders stating an amount owing to Elders at a particular date, or as to any other matter or thing, is conclusive evidence against the Applicant unless proved incorrect.
24. These terms are governed by the laws of South Australia, and any court within the Commonwealth of Australia in which Elders commences proceedings has non-exclusive jurisdiction to entertain any claims Elders or the Applicant may have against each other in connection with the provision of goods or services in accordance with these Terms.
25. If the Applicant is trustee of any trust, the Applicant is liable to Elders in the Applicant’s capacity as trustee of that trust (and personally) and the Applicant warrants that it is entitled to be indemnified out of the assets of that trust in connection with any liability it has to Elders.
26. If any provision of these Terms is found to be invalid or unenforceable (whether in respect of a party or generally), it will be severed from these Terms and the Terms will otherwise continue in force.
27. A party’s failure or delay to exercise a power or right is not a waiver of that right, and the exercise of a power or right does not preclude the future exercise of that or any other power or right. A waiver of a power or right must be in writing and signed by the party giving the waiver.
28. The Applicant may not assign, transfer or sub-license its rights under the trading account without Elders’ prior written consent.
29. By signing below the Applicant:
(a) acknowledges that a trading account with Elders will benefit the Applicant in the conduct of the Applicant’s business;
(b) acknowledges that the Applicant has read and understood the Terms;
(c) acknowledges that the Terms are reasonably necessary for Elders to provide a trading account for the Applicant and to protect Elders’ legitimate interests (for example, by allowing Elders to manage the risk of the Applicant failing to pay any monies the Applicant owes to Elders);
(d) represents and warrants to Elders that all information in this application is true, complete and correct;
(e) declares that the trading account is to be used wholly or predominantly for business purposes or investment purposes (other than investment in residential property or the maintenance, renovation or improvement, thereof);
(f ) acknowledges that it may lose its protection under the National Credit Code.
2. Amongst other things, Elders will:
(a) take all reasonable steps to protect the Applicant’s personal information from misuse, loss, unauthorised access, modification or disclosure;
(b) collect personal information from the Applicant and, where applicable, from guarantors, in order to:
(i) consider account and credit applications;
(ii) maintain the Applicant’s contact details;
(iii) advertise, promote and provide the Applicant with products or services distributed by Elders; and
(iv) process transactions to which the Applicant is a party.
4. By executing this document, and subject to any mandatory restrictions imposed by relevant privacy laws, the Applicant authorises Elders to do any of the things described, referred to or contemplated herein, including but not limited to:
(a) obtaining from a credit reporting agency or a credit provider or any other business, consumer credit information, commercial credit information and any report maintained by a credit reporting agency or any other business in connection with the Applicant;
(b) exchanging personal or commercial information about the Applicant’s creditworthiness, credit standing, credit history, capacity to repay credit, financial position and business history with:
(i) other credit providers including within Elders;
(ii) any professional adviser acting in connection with any financing provided or proposed to be provided to the Applicant;
(iii) a credit reporting agency; and
(iv) a guarantor of the Applicant’s credit or any person deciding whether to act as a guarantor;
(c) giving information of the type specified in item 4(b) above to:
(i) any mortgage or trade insurer;
(ii) any person who has guaranteed or proposes to guarantee repayment of any personal or commercial credit provided to the Applicant; and
(iii) any person in connection with funding or financial accommodation by means of any arrangement involving securitisation, sale or receivables or similar arrangements;
(d) using and disclosing the Applicant’s personal information for the purposes of recording on the personal property securities register and enforcing any interest any member of the Elders Group may have under the Personal Property Securities Act 2009 (Cth).
5. For the purposes of item 4(b) above in relation to information exchanged with a credit reporting agency, the Applicant acknowledges that the information that may be provided by Elders includes identity particulars, the fact that a finance application has been made and the amount of that application, the fact that Elders is a current credit provider to the Applicant, the fact that payments are overdue and collection action has commenced, advice that payments are no longer overdue, advice that cheques drawn by the applicant have been dishonoured more than once, that in the opinion of Elders a serious credit infringement has been committed by the Applicant and that credit provided to the Applicant has been discharged.
7. Applicants may access personal information held about them by contacting Elders’ Privacy Officer between 9am and 5pm (Adelaide time) Monday to Friday (except public holidays in South Australia) on:
Telephone: 1300 555 927
Post: GPO Box 551 Adelaide South Australia 5001.
8. The signed consent of all persons who have provided personal information in this application, any attached form or associated instruction, is required before this application can be processed. If consent is not given by all such persons it may not be possible for Elders to proceed with this application, or otherwise to accept or act upon any requests made.
Current overdue default rate is 18.95% pa.
Contact an expert at your local branch to find out more.