The Applicant warrants that the information provided in this application is true to the best of the Applicant’s knowledge and acknowledges that this request for credit does not constitute a commitment by Sinclair Dental Co. Ltd. (“Sinclair”) to transact with the Applicant or to sell goods to the Applicant. The Applicant further understands that Sinclair may approve or reject this application, and extend credit to the Applicant, in the amount and upon such terms and conditions as Sinclair shall determine at its sole discretion. Any right or obligation related to this credit application or any credit which may be extended to the Applicant further to this credit application shall not be transferred or assigned by the Applicant (other than a governmental entity, hospital, school/university) to any third party (an “Assignment”). For the purposes hereof, any transaction whereby all or substantially all of the assets of such Applicant are sold to a third party, or whereby the majority of the shares or any part of the partnership interest of such Applicant are transferred by the shareholder(s) or the partner(s) of such Applicant (the “Owners”) to any third party, constitutes an Assignment. In the event of such Assignment, the credit extended by Sinclair to the Applicant shall automatically terminate, except with the prior written consent of Sinclair. In the event of an Assignment which has not been previously approved in writing by Sinclair, Sinclair shall be entitled to claim any amount owing to Sinclair by the Applicant from the Applicant and/or its Owners.
By signing below, the Applicant and each of the Owners hereby consent to the collection of their respective information (including personal information, if any) requested in this application, and/or to the collection of the Applicant’s information (including personal information, if any) from the Applicant’s bank and other references named above, and use of such information for the following purposes: (a) to process the Applicant's application for credit, (b) to determine the Applicant’s creditworthiness at the time of this application and from time to time thereafter; (c) to manage, administer, service, monitor or terminate any credit provided by Sinclair to the Applicant; (d) to enforce the terms of any credit provided by Sinclair to the Applicant, including but not limited to collection of unpaid amounts owing to Sinclair; (e) to comply with legal, governmental and regulatory requirements and obligations of Sinclair’s business; and (f) as otherwise permitted or required by law ((a) to (f), collectively, the “Purposes”). The Applicant and the Owners further agree that Sinclair may disclose and exchange the Applicant and the Owners information to: (i) its lawyers, (ii) credit reporting agencies (such as Equifax Canada and TransUnion), (iii) any governmental or regulatory authorities; and (iv) otherwise where permitted or required by law ((i) to (iv) collectively, the “Third Parties”), for the above‐mentioned Purposes.
Only employees and consultants of Sinclair working on the Applicant’s account in relation to the Purposes will have access to the information concerning the Applicant and the Owners. All information collected by Sinclair shall be held at 900 Harbourside Drive, North Vancouver, British Columbia, V7P 3T8, where such information can be accessed and/or corrected.
Terms of sale, including terms of payment and charges, for each purchase are agreed to be those specified on the face of each invoice. Interest will apply on the amount of any overdue account from the date such account becomes overdue in accordance with the terms of the invoice. All merchandise sold shall remain the property of Sinclair until paid in full. The Applicant agrees that if it becomes necessary to take any action to recover any payment of the Applicant's account, the Applicant will pay all costs thereof, including all legal fees and disbursements. Account privileges may be granted and/or suspended without notice at the sole discretion of Sinclair. All accounts over 90 days past due will automatically be charged to the credit card on file with this account.
The Applicant, and each of the Owners in the case of an Assignment, as indicated above, hereby undertakes to make the full and prompt payment of all indebtedness incurred by the Applicant towards Sinclair.
The terms of this credit application form shall be governed by the laws of the province of British Columbia.
The Applicant and each of the Owners (as required below) have read and understand the above terms and conditions, and hereby agree to them.