• Account Application Form

    Account Application Form

  • Technotron PTY LTD t/a A Brighter Image (ABN 58 627 119 484)

    Unit 1, 6 Jubilee Avenue, Warriewood NSW 2102

  • Are you a TRUST:*
  • Are you a Sole proprietor*
  • If Yes

  • Date of Birth:
     / /
  • Is/Are there any partner(s)*
  • If Yes

  • Director/Owner or Partners:

  • Director/Owner or Partners:

  • Director/Owner or Partners:

  • Are you a subsidiary / division of a parent company?*
  • Trade References:

  • Company -1:

  • Company -2:

  • Company -3:

  • The Customer acknowledges and agrees that: 1. The Customer shall be bound by our general terms and conditions that apply from time to time. 2. The Company is authorised to make inquiries to determine the Customer’s creditworthiness, including making inquiries of the banking and business/trade references supplied above, requesting Customer to provide financial statements and seeking information from relevant credit reporting bodies. 3. Without limiting any terms and conditions between the Company and Customer, if the Customer breaches any such terms and conditions or the Company determines that the Customer’s financial situation or ability to pay is impaired, the Company may cancel any credit facility and cease any further supply of goods or services.

    SIGNED by the Company (Technotron Pty Ltd t/a A Brighter Image):

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  • Date
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  • Personal/Directors Guarantee And Indemnity

  • (Guarantors) hereby covenant and undertake and if more than one, jointly and severally, as follows. 1.The Guarantors acknowledge and agree that this guarantee and indemnity (Guarantee) is governed by the laws of New South Wales. The parties to this Guarantee submit to the non-exclusive jurisdiction of the courts of New South Wales. 2.Capitalised terms not defined in this Guarantee have the meaning given to it in the Company (Technotron PTY LTD t/a A Brighter Image) terms + conditions of sale.

    3. request Goods sold or to be sold from time to time, the Guarantors guarantee payment to the Company of all money which is now or at any time in the future becomes due and payable to the Company by the Customer on any account or accounts whether now existing or which may in the future be opened or in any manner whatsoever, including but not limited to amounts payable by the Customer to the Company arising out of a relationship of trustee and beneficiary.

    In consideration of the Company extending or agreeing to extend credit or further credit to the Customer at the Guarantors'

    4. and other liabilities that the Company may suffer as a result, either directly or indirectly, of any failure by the Customer to make due payment of any money owing to the Company whether for Goods sold or otherwise or to observe the terms of any agreement between the Customer and the Company, including costs on an indemnity basis of any attempt or attempts to recover from the Customer or any Guarantor including the costs of lodging and withdrawing caveats and/or obtaining injunctions and enforcing any security over real and personal property given to the Company. 5.This Guarantee shall be a continuing Guarantee and shall not be considered as wholly or partially satisfied or discharged by any money which may at any time or times in the future be received or applied by the Company to the credit of any account of the Customer or the Guarantors, or deemed to be held on trust by the Customer for the Company, and shall be available as a Guarantee for the whole of the sums referred to in clauses 3 and 4 of this Guarantee. 6.Where two or more persons execute this Guarantee the guarantees, covenants and obligations in this Guarantee given or undertaken by the Guarantors shall be deemed to bind the Guarantors jointly and each of the Guarantors severally and the Company shall be entitled to seek payment in full from any one or more of the Guarantors without seeking payment from the other Guarantors. 7.The Company shall have the right to proceed against the Guarantors under the Guarantee, irrespective of default of the Customer to pay and with or without notice to the Customer, as if the primary liability for any money owing was the Guarantors' own. Further the Company shall have the right to proceed against the Guarantors notwithstanding any other rights it may have in relation to the recovery of the amounts hereby guaranteed. 8.This Guarantee is without prejudice to and shall not be affected by nor shall the rights or remedies of the Company against the Guarantors or any of the Guarantors be in any way prejudiced or affected by: (a)any other security taken by the Company from the Customer or from any other person; (b)any waiver or indulgence, whether as to time or otherwise, given to the Customer or to the Guarantors or any one or more of the Guarantors; (c) Guarantors or any of the Guarantors from all or any part of the Guarantors obligations contained in this Guarantee; or (d)any person named in this Guarantee as Guarantor failing to execute this Guarantee or failing or ceasing to be bound by the terms of this Guarantee.

    The Guarantors agree to guarantee and indemnify the Company against all losses, damages, costs (including legal) or expenses

    by any other act, matter or thing which under the law relating to sureties would or might but for this provision release the

    9. whether under a guarantee or indemnity or otherwise, the Guarantors shall not exercise any rights of subrogation against any other Guarantors or the Customer unless and until the Company has been paid in full.

    In the event of the Guarantors and/or the other Guarantors making any payment in respect to an obligation of the Customer

  • Personal/Directors Guarantee And Indemnity

  • Insolvency of Customer

  • 10. No sum of money which the Customer pays to the Company and the Company later pays, is obliged to pay, allows in account or is obliged to allow in account to a liquidator, administrator, receiver or trustee in bankruptcy of the Customer by reason of the Corporations Act 2001, Bankruptcy Act 1966 or otherwise shall, for the purpose of this Guarantee, be considered as discharging or diminishing the Guarantor's liability and this Guarantee shall continue to apply as if the said sum(s) had at all times remained owing by the Customer. 11. This Guarantee shall not be determined by the death or bankruptcy or liquidation or winding up of the Guarantor (or any one of them) and accordingly shall be irrevocable and remain in full force and effect until the whole of moneys owing to the Company by the Customer or by notice of any such event or by reason of the Guarantor (or any of them) entering into a compromise or arrangement with creditors and shall be enforceable notwithstanding that any negotiable or other instrument, security or contract shall still be in circulation or outstanding.

  • Costs

  • 12. The Company is at liberty from time to time to charge the account of the Customer with all costs, charges and expenses, legal or otherwise that the Company incurs in connection with: (a) the account of the Customer; (b) this Guarantee; (c) any other security in respect of the indebtedness of the Customer to the Company; (d) the preparation, completion and stamping of this deed; or (e) the exercise or attempted exercise of any right, power or remedy conferred on the Company under or by virtue of this deed; and the same shall be part of the monies secured by this deed. 13. The Guarantors agree to pay the Company’s costs and disbursements incurred in recovering monies secured by this deed, including debt recovery agency fees and legal costs on an indemnity basis. 14. The Guarantors will at the request of the Company sign, seal, execute, deliver and perfect all such further deeds, documents, instruments and other writings and do and perform such further things as the Company may reasonably require to effectuate the terms of this Guarantee.

  • Severance

  • 15. If any provision of this Guarantee is not enforceable in accordance with its terms, other provisions which are self-sustaining are and continue to be enforceable in accordance with their terms.

  • GUARANTOR 1

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  • GUARANTOR 2

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  • DOB
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  • Terms + Conditions of Sale

  • OUTLINE

  • 3.4 Discounts: No discounts will apply to the price without our prior written agreement.

  • DELIVERY, RISK + INSURANCE

  • 1.1 Currency: These Terms apply to the supply of all Goods by us to you from the date that you accept these Terms. 1.2Acceptance: You accept these Terms when: 1.2.1you provide us with a completed account application form or apply for credit; 1.2.2you submit an Order; 1.2.3you accept delivery of, or any part of, the Goods pursuant to an Order; or

  • PAYMENT

  • 4.1 Invoice on delivery: Unless we otherwise notify you in writing, we will issue you an Invoice upon delivery of the Goods specified in your Order. 4.2 Payment terms: Unless we otherwise notify you in writing, or you have a credit account with us, goods shall be paid for in full on our issue of a proforma invoice to you, before supply of such goods.

    Delivery: Delivery of the Goods shall take place upon pick up by or delivery of the Goods to you, your agent or nominee or to a carrier commissioned on your behalf as applicable at the place specified by you or as otherwise agreed. Cost of delivery: We may charge you the cost of delivering the Goods to you, which will be included in the Payment to be made in relation to the Goods. Any transportation costs incurred after the Goods have been Delivered will be paid by you.

    you make Payment, or partial Payment, for any Goods supplied by us,

    Credit: If you have a credit account with us:

  • QUOTES + ORDERS

  • 2.1 Providing a Quote: You may request and we may provide to you a Quote relating to the potential supply of Goods, which may include the price and quantity of the Goods proposed to be supplied by us and other relevant details as necessary. 2.2 Validity of Quote: A Quote is valid for 30 days only. We reserve the right to withdraw a Quote at any time before you place an Order. 2.3 Placing an Order: If our Quote is acceptable to you, you may place an Order for each

    4.3 4.3.1We may at our discretion grant you a credit limit in accordance with our determination of your creditworthiness. 4.3.2We may change the amount of credit available to you or your payment terms, including without limitation if we consider that your credit worthiness has changed for any reason. 4.3.3Unless we otherwise agree in writing, you must not exceed the credit limit granted to you in accordance with these Terms. 4.3.4All Payments must be made in full within 30 days from the invoice date in which the Goods are purchased.

    Instalments:We reserve the right to make deliveries in instalments and these Terms shall be severable as to such instalments. Goods provided by you: Where we process goods or materials supplied by you, the responsibility for delivery and insurance of those goods or materials to us shall be borne by you. Risk passes on delivery:The risk in the Goods shall pass to you upon the delivery of the Goods in accordance with clause No liability for delay:We will use reasonable efforts to deliver the Goods to you by the date and to the place specified by you. Without limiting clause if the Delivery of the Goods is delayed:

    supply of Goods. An Order is not binding until we have provided you in our absolute discretion our acceptance or confirmation of the Order. 2.4 Additional conditions: Unless otherwise agreed by us in writing, these Terms will prevail over, and we will not be bound by, any conditions (express or implied) added or provided by you, whether in an Order or otherwise. 2.5 Prepayment: If you have a prepaid account or if we otherwise require, we will only commence your Order once we have received full payment for our Invoice relating to your Order.

    4.4 Payment method: All Payments are to be made to us in cash, by direct credit to the bank account nominated by us. 4.5 Fees: Unless we otherwise notify you in writing, a credit card fee of 1% (incl GST) applies for credit card payments

    we shall not be liable for late delivery or delay in delivery; and the delay does not give you the right to cancel an Order or terminate these Terms.

  • SUSPENSION + CANCELLATION

  • Payment in instalments:We may at our discretion as agreed in writing accept Payments in instalments upon such terms as we see fit.

  • PAYMENT DEFAULT

  • PRICE

  • 3.1 Price: Unless otherwise agreed to in writing by us or by our authorised representative, subject to clause 3.2, the price charged and payable for the Goods shall be the price in Australian dollars at the date we issue the Invoice to you, together with any applicable taxes, charges and delivery costs in relation to the Goods. 3.2 Variation of price: Prices contained in any Quote for the supply of Goods are based on the cost prevailing and the specification supplied at the time of the Quote. Subject to your rights under law, we reserve the right to vary the price if: 3.2.1there is any movement in the cost of supplying the Goods specified in your Order, including any Charges; 3.2.2the Goods specified in your Order are varied from the Goods specified in our Quote; or 3.2.3otherwise provided in these Terms. 3.3Imported goods: 3.3.1We may, at our discretion, suspend your

    Default Interest: We may at our discretion in the event of your failure to make a Payment in accordance with clause charge Default Interest at the rate of per annum plusthe prevailing cash rate maintained by the Reserve Bank of Australia; cease supply of any and all relevant Goods until all Payments have been made in full; modify any credit limit or payment terms applicable to you; and/or terminate any Order or these Terms. Payment of Default Interest: Default Interest pursuant to clause shall be: payable on demand; and calculated daily from the date Payment was due to the actual date that the Payment is made in full. Costs of enforcement: We may recover from you any costs we incur in the collection of Payment of any Invoice, including legal costs.

    Suspension of Order: If as a consequence of an instruction from you, we delay or suspend (but not cancel) an Order or any part of an Order for a period of 7 days or more, we may: request the payment in full for all work in progress relating to the relevant Order at the time of suspension; and/or vary the price for the uncompleted portion of the relevant Order. Cancellation by you: You may not cancel an Order, or any part of it, unless: we give our written consent; and you pay to us (if required by us in our absolute discretion) any and all costs reasonably incurred by us in relation to the cancelled Order or the cancelled part of the Order to the date of cancellation. Cancellation by us: We may in writing cancel an Order or delivery of an Order without liability to you (save as required by relevant laws) if: we reasonably form the opinion that you are insolvent or at material risk of insolvency; you fail to pay any amount for the Goods on the due date; or we reasonably form the opinion that supplying Goods to you may have a negative impact upon our business or commercial reputation or image.

    Order or vary the price for imported goods

    No set off: You may not set off against any Payment any claims which you may have against us.

    charged to you if the relevant exchange rate between the date of our Quote and the date of our Invoice varies by 5% or more.

  • DEFECTS + RETURN OF GOODS

  • 8.1 This clause is subject to clause and clause

  • 8.2 Returns: You should inspect the Goods immediately once they are delivered and may only return the Goods if: 8.2.1they do not materially comply with the Order; or 8.2.2if permitted by law, including the ACL. 8.3Notification: If you wish to return any Goods delivered to you, you must give to us: 8.3.1notice within a reasonable time of your receipt of the Goods; and 8.3.2the original Invoice details. 8.4 Replacement or credit: If we accept the return of Goods from you, we will at our option either: 8.4.1replace the returned Goods; or 8.4.2give a credit or a refund for such Goods. 8.5 Costs to return Goods: You shall, unless you have a statutory or other legal right that permits otherwise: 8.5.1bear any expense of transportation of Goods returned to us; and 8.5.2

    Title: We will retain absolute title over the

    we have received Payment in full in respect of the Goods; or the Goods are disposed of in the manner prescribed under clause

  • SECURITY INTEREST

  • pay the greater of: (1) a re-stocking fee of

    20% of Goods returned; or (2) $25, which is

    reasonable preestimate of loss associated with processing the returned Goods.

    Nonpayment of account: We will not accept notifications under clause in the event of your nonpayment of an account. Goods damaged in transit: If the Goods are damaged in the course of being delivered to you: you must notify us of any claim for Goods damaged in transit within a 2 business days of delivery; and subject to our acceptance of your claim under this clause we will replace the relevant Goods.

  • EXCLUSIONS + LIMITATIONS

  • ACL exception: The exclusions and limitations in this clause are subject to clause Excluded rights: All express or implied representations, conditions, statutory guarantees, warranties and provisions (whether based on statute, common law or otherwise), relating to these Terms, that are not contained in it, are excluded to the fullest extent permitted by law Limitations: No warranty is given and we will not be liable for: alterations to Goods for which we are not responsible; defects or depreciation caused by wear and tear, accidents, corrosion, dampness or other abnormal conditions or effects; damage or failure caused by unusual or nonrecommended use, misuse or application of the Goods; or loss caused by any factors beyond our control. Indirect loss: We will not be liable for any special, indirect, consequential or economic loss or damage or loss of profits (in contract or tort or arising from any other cause of action) suffered by you or any other person resulting from any act or omission by us. Total liability: Our total liability for breach of these Terms or breach of our contractual

    obligations or duties at law or in equity (however arising) is limited at our option to: the replacement of the Goods or the supply of equivalent goods; the repair or rectification of the Goods; the payment of the cost of replacing the Goods or of acquiring equivalent goods; or the payment of the cost of the repair or rectification of the Goods. No reliance: You acknowledge that: you have and will make your own assessment of the fitness for purpose and suitability of any Goods supplied to you; you do not and will not rely on our skill or judgment nor that of any person by whom any prior negotiations or arrangements in relation to the acquisition of any Goods were conducted or have been or will be made; and you have not made nor will make known to us the particular purpose for which you acquire Goods. Third party work: If we obtain Goods from a third party in order tocarry out your instructions or complete an Order: we will not be liable for any breach of these Terms if that breach is as a result of or is connected with the supply by a third party of such Goods; any claim by you in relation to the supplyof such Goods must be made directly against that third party; and you must pay for such Goods from the third party plus the cost of or relevant fee for us performing such services for you (if any, and whether separately identified or not 9.8 We give no warranty in respect of any Goods that are supplied or carried out or provided to you by a third party even where forming part of an Order. Any warranties, statutory guarantees or other rights will be governed by the terms of supply by that providerto you and relevant laws.

  • STATUTORY RIGHTS

  • Statutory rights: If you are acquiring Goods from us as a ‘consumer’ for the purposes of the ACL, we acknowledge that certain statutory guarantees and rights shall apply to you as provided by relevant laws but subject to these Terms as applicable and where permitted by relevant laws. No restriction: Nothing in these Terms excludes, restricts or modifies any condition, warranty, statutory guarantee, right or remedy implied or imposed by law that cannot be lawfully excluded, restricted or modified. Unfair contract: If section 23 of the ACL applies to any provisions in these Terms, any such provision(s) shall be void to the extent it is unfair within the meaning of section 24 of the ACL.

  • TITLE

  • clause and clause Possession as bailee: After delivery of the Goods, until the full Payment has been made you shall possess the Goods as bailee only.

    Subject to the PPSA: The provisions of this are subject to the provisions of the PPSA

    Security Agreement: This clause the Security Agreement between you (Grantor and us (Secured Party Creation of Security Interest: The Grantor grants to the Secured Party a Security Interest in the Goods supplied by us to you, including all related proceeds Collateral), as security for all or part of the Payment of any amount relating to the Goods in accordance with these Terms or otherwise. For the avoidance of doubt, this Security Interest is also a Purchase Money Security Interest in the Collateral. Perfection: The Grantor irrevocably gives authority to the Secured Party to register a financing statement with respect to the Security Interest on the PPSR. This clause does not limit how the Secured Party may perfect this Security Interest. Information: The Grantor must provide the Secured Party with any information required for the Secured Party to register a financing statement or a financing change statement with respect to this Security Interest on the PPSR. Identification: Until this Security Interest in the Collateral has been extinguished, the Grantor will ensure that, as far as is reasonably practicable: any identifying plate, markor packaging number on any of the Collateral (including Goods) is not removed, defaced or obliterated; and the Collateral is identifiable and distinguishable from any other goods or products that may be in the Grantor’s possession and as to each particular Invoice of Goods comprising the Collateral. Accessions: The Grantor acknowledges that this Security Interest continues to apply to Collateral that becomes an accession to other goods. Remedies: Until this Security Interest in the Collateral has been extinguished, if: a Default Event occurs in respect of the Grantor; or 12.7.2 the Grantor is in breach of these Terms, the Secured Party may as it sees fit and without notice to the Grantor, seize, retain or redeem the Collateral, or seek any and all remedies provided under Chapter 4 of the PPSA or any other remedies providedat law or in equity, including those set out in clause Right of entry: In additional to any rights given to the Secured Party under Chapter 4 of the PPSA, the Grantor irrevocably: grants the Secured Party the right to: demand the immediate return of the Goods to the Secured Party; enter the Grantor’s premises to search for and seize the Goods without notice or liability to the Grantor; and retain, sellor otherwise dispose of those Goods in any manner it sees fit; and

  • 12.8.2 indemnifies, and keeps indemnified, the Secured Party against any claim (including in negligence) in respect of any damage to the property of, or the premises occupied by, the Grantor or any consequential loss caused by another party arising relating to searching for and seizing any Goods in accordance with this clause 12.8. 12.9 Permitted use and sale: The Grantor may only sell or deal with any of the Collateral (including accessions) in respect of which full Payment has not been received if: 12.9.1 the proposed transaction is a bona fide transaction to a third party at market value conducted in the ordinary course of business of the Grantor; 12.9.2 all proceeds of the proposed transaction is: immediately paid to the Secured Party; or held on trust for the Secured Party in a separate account, payable to the Secured Party on demand; and 12.9.3 unless otherwise obligated by law, the Grantor does not disclose to a third party that the proposed transaction is subject to this Security Agreement or that the proceeds will be immediately paid to the Secured Party or held on trust for the Secured Party. 12.10 Costs: The Grantor shall pay all costs incurred by the Secured Party (including costs on a solicitor-client basis and debt collector’s costs) arising out of this Security Agreement, including costs in relation to: 12.10.1 registration of a financing statement or a financing change statement; 12.10.2 seizure, retention, redemption or any other remedy exercised pursuant to clause 12.7; and 12.10.3 the enforcement of its rights under this Security Agreement (including matters incidental to it

    12.15.2 is protected against disclosure by a duty of confidence.

  • INTELLECTUAL PROPERTY

  • 13.1 Your intellectual property: If you provide us with Material to be used in the supply of the Goods: 13.1.1 you warrant and represent to us that any Goods supplied to you based on the Material you provide to us will not infringe the Intellectual Property Rights of any third party; and 13.1.2 you indemnify and will keep us indemnified from and against any and all claims, liabilities, obligations, expenses or damages which we may suffer or incur as a result or in connection with the representation or warranty in clause 13.1.1 being untrue or breached. 13.2 Licence over Materials: You grant to us a non exclusive royalty-free license throughout the universe to use all Intellectual Property Rights in all Materials for so long as necessary or convenient for the production of the Goods and the matters contemplated in relation to the delivery of the relevant Goods. 13.3 Our intellectual property: All of our Intellectual Property Rights in and relating to the production, development and supply of the Goods, including but not limited to drawings, illustrations, specifications, and other literature (excluding Materials licensed to us pursuant to clause 13.2) remains our property and shall not be transferred, assigned, licensed, reproduced, disclosed or otherwise given to any other person by you without our prior written consent. 13.4 Confidentiality: You shall keep confidential and shall not use any confidential information communicated by us to you without our prior written consent.

  • GST

  • 12.11 Extinguishment: The Security Interest is extinguished only if all obligations under this Security Agreement have been satisfied by the Grantor, including the obligation to pay costs as set out in clause 12.10. 12.12 Waiver: Sections 95, 118, 121(4), 125, 130, 132 and 135 of the PPSA shall not apply to the extent that they impose obligations on the Secured Party. 12.13 Waiver of receipt of statements: The Grantor irrevocably waives its right to receive from

    14.1 Prices exclusive of GST: Unless otherwise agreed, prices with respect to any taxable supply are exclusive of GST. 14.2 GST payable in addition: You must pay to us all GST in addition to any other amounts payable by you to us in respect of a taxable supply, which will be payable by you when required to pay for the Goods. 14.3 Issue of tax invoice: We will issue a tax invoice for any taxable supply to you, which will enable you, if permitted by the GST Law, to claim a credit for GST paid by you. 14.4 Third party supplies: If GST is payable for a taxable supply by a third party, we will request that party to provide you with a tax invoice.

    15.2.2 all Payments and any other money under these Terms becomes immediately payable. 15.3 Lawful purpose: You shall ensure that the Goods are used only for lawful purposes and in accordance with any applicable laws. 15.4 Binding: These Terms shall bind our successors, administrators and permitted assigns and your executors and permitted assigns, or, being a company, its successors, administrators and permitted assigns. 15.5 Assignment: We may without notice to you assign, transfer and/or sub-contract our rights and/or obligations (in whole or in part) under these Terms. You may not assign, transfer, hold on trust or otherwise delegate any of your rights or obligations under these Terms without our prior written consent. 15.6 Time of the essence: Time shall be of the essence in relation to any date or period under these Terms. 15.7 New Terms: If we adopt new terms and conditions for the sale of Goods: 15.7.1 you will be given written notice (if you are a Customer at the relevant time); and 15.7.2 unless otherwise agreed, they will apply to the supply of Goods after you accept such new terms and conditions. 15.8 Variation: We may vary these Terms by providing you 30 days notice. 15.9 Force Majeure: If a Force Majeure Event occurs, we may: 15.9.1 totally or partially suspend any Order, any part of an Order or any deliveries relating to an Order during any period in which we may be prevented or hindered from delivering by our normal means of supply or delivery due to that Force Majeure Event; and 15.9.2 elect to extend at our discretion the period for performance of an obligation under these Terms as is reasonable in all the circumstances. 15.10 Severability: Each clause in these Terms is severable and if any clause is held to be illegal or unenforceable, then the remaining clauses will remain in full force and effect. 15.11 Waiver: No failure, delay, relation or indulgence on our part in exercising any power, right or remedy precludes any other or further exercise of that or any other power, right or remedy. 15.12 Governing law: These Terms shall be governed by the laws of the State of New South Wales and the parties irrevocably submit to the non-exclusive jurisdiction of the Courts of the State of

    the Secured Party a copy of any financing statement, financing change statement or verification statement that is registered, issued or received at any time in relation to this Security Agreement. 12.14 Change of name: The Grantor must immediately notify the Secured Party in writing of any change of name of the Grantor. 12.15 Disclosure: The parties agree that neither the Secured Party nor the Grantor shall disclose information that: 12.15.1 can be requested under section 275(1) of the PPSA (subject to any exceptions that may apply under section 275(7) of the PPSA); or

  • GENERAL

  • 15.1 Indemnity: You agree to indemnify and keep us indemnified in respect of all damages, losses, costs and expenses (including legal costs) that we may incur as a result of your breach or alleged breach of these Terms. 15.2Termination: If a Default Event occurs: 15.2.1 we may, without limiting any other right we have under these Terms, terminate any outstanding Order and any contract for the supply of Goods to you; and

  • INTERPRETATION + DEFINITIONS

  • 16.1 Personal pronouns: Except where the context otherwise provides or requires: 16.1.1 the terms we, us or our refers to the Company; and 16.1.2 the terms you or your refers to the Customer. 16.2 Defined terms: In these Terms, unless otherwise provided, the following terms shall have their meaning as specified:

  • ACL means the Australian Consumer Law under the Consumer and Competition Act 2010 (Cth) as amended. Charges means any sales tax, excise duties, customs duty, transfer duty, GST or any other taxes, duties or charges applicable in respect of the provision of the Goods. Collateral means property that is subject of a security interest. Company means Technotron PTY LTD t/a A Brighter Image (ABN 58 627 119 484 Customer means any person or entity that places an Order with us and agrees by conduct or by virtue of notice or otherwise to be bound by these Terms, including any related company, related party, officer and authorised person of the relevant person. Default Event means any one of the following events: (a)you fail to make any payment when due, whether for the Goods or otherwise; (b)you become an insolvent under administration or an externally administered body corporate (as relevant) as defined under the Corporations Act 2001 (Cth); (c)proceedings are commenced or an application is made for the appointment of any persons listed in items (b) above; (d)a mortgagee or their agent enters into possession of your assets; or (e)you materially breach a provision of these Terms. Default Interest means as defined in clause 5. Delivery means the delivery of the Goods in accordance with clause 6.1. Force Majeure Event means circumstances beyond our reasonable control, which shall include, but not be limited to compliance with any laws, regulations, orders, acts, instructions or priority request of any government, or any department or agency, civil or military authority, acts of God, acts of the public enemy, your acts or omissions, fires, floods, strikes, lockouts, embargoes, wars, labour or material shortages, riots, insurrections, defaults of our suppliers or subcontractors, delays in transportation, loss or damage to Goods in transit or instructions or lack of instructions from you. Goods means goods sold by the Company from time to time. GST and GST Law have the meaning as set out in the A New Tax System (Goods Tax) Act 1999 (Cth Intellectual Property Rights means all forms of intellectual property rights (whether registered or unregistered) in copyright, designs, patents, trade marks, domain names, trade secrets, know-how, confidential information, and all other similar proprietary rights and all extensions and renewals thereof anywhere in the world which currently exist and/or are recognised in the future. Invoice unless otherwise agreed means the invoice issued upon the delivery of the Goods specified in your Order. Material means any material in which you have Intellectual Property Rights provided by you for use by us in the production, development and supply of the Goods to you.

    Order means an order for Goods received by us, whether in writing or otherwise, in accordance with these Terms. Payment means payment of any amount relating to Goods in accordance with these Terms. PPSA means the Personal Property Securities Act 2009 (Cth) as amended, including any regulations made pursuant to it. PPSR means the Personal Property Securities Register. Quote means a quotation by us for the supply of particular Goods containing details as specified in clause 2.1. Security Agreement means the security agreement set out in clause 12. Security Interest means the security interest created in clause 12. Terms means these terms + conditions of sale.

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