top of page

Terms of Purchase

PAYMENT TERMS

1.   The terms of payment are strictly thirty (30) days (or such other period as nominated by the supplier herein) from the date of the invoice. Austral Wire Products ABN 50 074 508 213 and its related bodies corporate (as that term is defined in the Corporations Act 2001) (Supplier) may, at any time, unilaterally vary the terms of trade in its absolute and unfettered discretion.

​

2.   Should the Applicant not pay for the goods or services supplied by the Supplier in accordance with the credit terms as provided herein, or as agreed in writing by the Supplier from time to time, the Supplier will be entitled to charge an administration fee of 10 percent of the amount of the invoice payable per year, or part thereof, from the date of the invoice until payment by the Applicant is made in full.

​

PRICES

3.   Prices are subject to variation without notice and goods and services will be invoiced at prices current at the time of their provision unless otherwise agreed in writing.

​

4.   Sales tax and any other taxes or duty on or in respect of goods sold by the Supplier imposed by any state or federal government law shall be payable by the Applicant but if those taxes or duties by law are or become payable by the Supplier the prices in respect of the goods shall be increased by the amount necessary to ensure that the net amount actually received by the Supplier is as if those taxes or duties were not payable.

​

DELIVERY

5.   Unless otherwise agreed all goods are sold F.O.B. and the Supplier shall deliver the goods on board the means of transport.

​

6.   Risk in the goods shall pass to the Applicant upon delivery.

​

7.   Where goods are to be delivered by instalments, each instalment shall be deemed to be sold under a separate contract.

​

8.   If the Supplier fails to deliver an instalment within the agreed time or at all the Applicant shall not be entitled to repudiate the contract with regard to any other instalments remaining to be delivered. Contracts for goods backordered are firm and shall not be rescinded unless agreed in writing by the Supplier.

​

9.   All goods sold as listed on any invoice shall be deemed to have been received in good order and condition without shortage unless notified in writing to the contrary within fourteen (14) days of delivery.

​

RETURN OF GOODS

10.   Goods returned for credit will only be accepted subject to the supplier's prior agreement with all freight charges prepaid by the buyer. Returned goods, if accepted by the seller, are subject to a re-stocking fee of 15 percent of the invoice price.

​

DELAY

11.    The Supplier will use its reasonable endeavours to perform its obligations under any contract for the sale of goods entered into, but failure to do so by reason of, but not limited to, the inability of the Supplier to obtain supplies from its usual sources, strikes, combination of workmen, lockout, riot, revolution, war, mobilisation, epidemic, fire, act of God or any other cause of like or different character whatsoever beyond the control of the Supplier, shall not constitute a breach of contract, nor shall the Supplier be under any liability to the Applicant, but the contract shall be deemed to be suspended with liberty to the Supplier at any time to rescind the contract or any unfulfilled part or to renew the contract upon the cessation of the cause preventing performance.

​

JURISDICTION

12.   The Applicant acknowledges and agrees that this agreement will be governed by the laws of New South Wales, and the laws of the Commonwealth of Australia which are in force in New South Wales.

​

13.   The Applicant acknowledges and agrees that any contract for the supply of goods or services between the Supplier and the applicant is formed at the address of the Supplier.

​

14.   The parties to this agreement submit to the non-exclusive jurisdiction of the courts of New South Wales and the relevant federal courts and courts competent to hear appeals from those courts.

 

SECURITIES & CHARGES

15.   The Applicant charges in favour of the Supplier all of its estate and interest in any personal property that the Applicant owns at resent and in the future with the amount of its indebtedness hereunder until discharged.

​

16.   The Applicant charges in favour of the Supplier all of its estate and interest in any personal property that the Applicant owns at resent and in the future with the amount of its indebtedness hereunder until discharged.

​

17.   The Applicant appoints as its duly constituted attorney the Supplier's company secretary from time to time to execute in the applicant's name and as the Applicant's act and deed any real property mortgage, bill of sale or consent to any caveat the Supplier may choose to lodge against real property that the applicant may own in any Land Titles Office in any state or territory of Australia, even though the Applicant may not have defaulted in carrying out its obligations hereunder.

​

18.   Where the Applicant has previously entered into an agreement with the Supplier by which the Applicant has granted a charge, mortgage or other security over real or personal property, those charges, mortgages or other security interests will continue and co-exist with the obligations and security interests created in this agreement. The Supplier may, at its election, vary the terms of such previous charges, mortgages or other securities to reflect the terms herein.

​

PURPOSE OF CREDITS

19.   The Applicant acknowledges and agrees that the credit to be provided to the Applicant by the Supplier is to be applied wholly or predominantly for commercial purposes.

​

FORMATION OF CONTRACT

20.   Quotations made by the Supplier will not be construed as an offer or obligation to supply in accordance with the quotation. The Supplier reserves the right to accept or reject, at its discretion, any offer to purchase received by it. Only written acceptance by the Supplier of the Applicant's offer will complete a contract.

​

21.   Placement of an order, either verbally or in writing, will imply acceptance of the Supplier's offer and of these terms of purchase.

​

RETENTION OF TITLE

22.   Whilst the Applicant has not paid for the goods supplied in full at any time, and there are any other sums outstanding, the applicant agrees that property and title in the goods will not pass to the Applicant and the Supplier retains the legal and equitable title in those goods supplied and not yet sold.

​

23.   Until payment in full has been made to the Supplier, the applicant will hold the goods in a fiduciary capacity for the Supplier and agrees to store the goods in such a manner that they can be identified as the property of the Supplier, and will not mix the goods with other similar goods.

​

24.   The Applicant will be entitled to sell the goods in the ordinary course of its business, but until full payment for the goods has been made to the Supplier, the Applicant will sell as agent and bailee for the Supplier and the proceeds of sale of the goods will be held by he Applicant on trust for the Supplier absolutely.

​

25.   The Applicant's indebtedness to the Supplier, whether in full or in part, will not be discharged by the operation of clause 24 hereof unless and until the funds held on trust are remitted to the Supplier.

​

26.   The Applicant agrees that whilst property and title in the goods remains with the Supplier, the Supplier has the right, with or without prior notice to the Applicant, to enter upon any premises occupied by the Applicant (or any receiver, receiver and manager, administrator, liquidator or trustee in bankruptcy of the Applicant) to inspect the goods of the Supplier and to repossess the goods which may be in the Applicant's possession, custody or control when payment is overdue.

​

27.   The Applicant will be responsible for the Supplier's costs and expenses in exercising its rights under clause 26. Where the supplier exercises any power to enter the premises, that entry will not give rise to any action of trespass or similar action on the part of the Applicant against the Supplier, its employees, servants or gents.

​

28.   The Applicant agrees that where the goods have been retaken into the possession of the Supplier, the Supplier has the absolute right to sell or deal with the goods, and if necessary, sell the goods with the trademark or name of the Applicant on those goods, and the Applicant hereby grants an irrevocable licence to the Supplier to do all things necessary to sell the goods bearing the name or trademark of the Applicant.

​

29.   The Applicant will be responsible for the Supplier's costs and expenses in exercising its rights under clause 26. Where the supplier exercises any power to enter the premises, that entry will not give rise to any action of trespass or similar action on the part of the Applicant against the Supplier, its employees, servants or gents.

​

30.   For the avoidance of doubt, the Supplier's interest constitutes a purchase money security interest pursuant to the Personal Property Securities Act 2009.

​

WARRANTY

31.   All warranties, conditions and representations whether express or implied (other than any express warranty stated by the Supplier in writing) are hereby expressly negated and excluded, except in circumstances where the Supplier is by law unable to exclude or limit its liability. Provided that where the Applicant is a consumer for the purposes of the Competition and Consumer Act 2010, but the goods or services are not of a kind ordinarily required for personal domestic or household use or consumption, the liability of the Supplier shall be limited as determined by the Supplier to anyone or more of the following:

​

  • (a)   the replacement of the goods or the supply of equivalent goods; and

  • (b)   the payment of the costs of replacing the goods or of acquiring equivalent goods.

​

32.   No claim of any nature whatsoever (other than relating to the warranty) will be recognized unless made within ten (10) days of delivery. All freight costs involved in returning goods must be paid by the Applicant. A copy of the invoice evidencing sale to the applicant is to be included with the goods.

 

33.   Nothing in this agreement shall be read or applied so as to purport to exclude, restrict or modify or have the effect of excluding, restricting or modifying the application in relation to the supply of any goods and/or services pursuant to this agreement of ll or any of the provisions the Competition and Consumer Act 2010 or any relevant State or Federal Legislation which by law cannot be excluded, restricted or modified.

​

CANCELLATION OF CREDIT TERMS

34.   The Supplier reserves the right to withdraw credit at any time, whether the Applicant is in default under the terms of this agreement or not.

35.   Upon cancellation with or without notice all liabilities incurred by the Applicant become immediately due and payable to the Supplier.

​

INDEMNITY

36.   The Applicant agrees to indemnify the Supplier and keep the Supplier indemnified against any claim. This indemnity includes any legal fees and expenses the Supplier incurs in order to enforce its rights, on an indemnity basis.

​

PROVISION OF FURTHER INFORMATION

37.   The Applicant undertakes to comply with any request by the Supplier to provide further information for the purpose of assessing the Applicant's creditworthiness, including an updated credit application.

​

CORPORATIONS

38.   If the Applicant is a corporation (with the exception of a public listed company), it must advise the Supplier of any alteration to its corporate structure (for example, by changing directors, shareholders, or its constitution). In the case of a change of directors or shareholders the Supplier may ask for new guarantors to sign a guarantee and indemnity.

​

39.   If the Applicant is a corporation, the Applicant warrants that all of its directors have signed this agreement and that all of its directors will enter into a guarantee and indemnity with the Supplier in relation to the Applicant's obligations to the Supplier.

​

TRUSTEE CAPACITY

40.   If the Applicant is the trustee of a trust (whether disclosed to the Supplier or not), the Applicant warrants to the Supplier that:

​

  • (a)   the Applicant enters into this agreement in both its capacity as trustee and in its personal capacity;

  • (b)   the Applicant has the right to be indemnified out of trust assets;

  • (c)   the Applicant has the power under the trust deed to sign this agreement; and

  • (d)   the Applicant will not retire as trustee of the trust or appoint any new or additional trustee without advising the Supplier.

​​

41.   The Applicant must give the Supplier a copy of the trust deed upon request.

​

PARTNERSHIPS

42.   If the Applicant enters into this agreement as partners, the applicant warrants that all of the partners have signed this agreement and that all of the partners will enter into a guarantee and indemnity with the Supplier in relation to the Applicant's obligations to the Supplier.

​

43.   If the Applicant is a partnership, it must not alter its partnership (for example, adding or removing partners or altering the partnership agreement) without advising the Supplier. In the case of a change of partners, the Supplier may ask for new guarantors to sign a guarantee and indemnity.

​

INSOLVENCY

44.   If the Applicant becomes insolvent, the Applicant remains liable under this agreement for payment of all liabilities incurred hereunder. The Applicant remains liable under this agreement even if the Supplier receives a dividend or payment as a result of the applicant being insolvent.

​

WAIVER

45.   A waiver of any provision or breach of this agreement by the Supplier must be made by an authorised officer of the Supplier in writing. A waiver of any provision or breach of this agreement by the Applicant must be made by the Applicant's authorised officer in writing.

​

46.   Until ownership of the goods passes, the Applicant waives its rights it would otherwise have under the PPSA, such as:

​

  • (a)   under section 95, the right to receive notice of intention to remove an accession;

  • (b)   under section 118, the right to receive notice that the Supplier intends to enforce its security interest in accordance with land law;

  • (c)   under section 121(4), the right to receive a notice of enforcement action against liquid assets;

  • d)   under section 129, the right to receive a notice of disposal of goods by the Supplier purchasing the goods;

  • e)   under section 130, the right to receive a notice to dispose of goods;

  • f)   under sectionh) under section 135, the right to receive notice of any proposal of the Supplier to retain goods; 132(2), the right to receive a statement of account following disposal of goods;

  • g)   under section 132(4), the right to receive a statement of account if no disposal of goods for each 6 month period;

  • h)   under section 135, the right to receive notice of any proposal of the Supplier to retain goods;

  • i)   under section 137(2), the right to object to any proposal of the Supplier to retain or dispose of goods;

  • j)   under section 142, the right to redeem the goods;

  • k)  under section 143, the right to reinstate the security agreement; and

  • l)   under sections 157(1) and 157(3), the right to receive a notice of any verification statement.

 

COST

47.   The Applicant must pay for its own legal, accounting and business costs and all costs incurred by the Supplier relating to any default by the Applicant. The Applicant must also pay for all stamp duty and other taxes payable on this agreement (if any).

​

48.   The Applicant will pay the Supplier's costs and disbursements incurred in pursuing any recovery action, or any other claim or remedy, against the Applicant, including debt recovery fees and legal costs on an indemnity basis. Such costs and disbursements will be due and payable by the Applicant to the Supplier irrespective of whether pursuit of the recovery action, claim or remedy is successful.

​

49.   The Applicant acknowledges and agrees that payments by the applicant will be applied by the Supplier as follows:

​

  • (a)   Firstly, in payment of any and all collection costs and legal costs in accordance with clauses 26 and 48.

  • (b)   Secondly, in payment of any interest incurred in accordance with clause 52.

  • (c)    Thirdly, in payment of the outstanding invoice(s).

​

TAXES & DUTIES

50.   The Applicant must pay GST on any taxable supply made by the Supplier to the Applicant under this agreement. The payment of GST is in addition to any other consideration payable by the applicant for a taxable supply.

​

51.   If as a result of:

​

  • (a)   any legislation becoming applicable to the subject matter of this agreement; or

  • (b)   any changes in legislation or its interpretation by a court of competent jurisdiction or by any authority charged with its administration;

 

the Supplier becomes liable to pay any tax, duty, excise or levy in respect of the amounts received from the Applicant, then the applicant must pay the Supplier these additional amounts on demand.

​

INTEREST RATES

52.   The interest rate on any outstanding debts is a fixed rate of 15 percent per annum.

​

SET-OFF

53.   All payments required to be made by the Applicant under this agreement will be made free of any set-off, or counterclaim and without deduction or withholding.

​

54.   Any amount due to the Supplier from time to time may be deducted from any monies which may be or may become payable to the Applicant by the Supplier.

​

MISCELENOUS

55.   The Supplier is not liable for any loss caused to the Applicant by reason of strikes, lockouts, fires, riots, war, embargoes, civil commotions, acts of God or any other activity beyond the Supplier's control.

​

  • (a)   replacing the goods or supplying similar goods;

  • (b)   repairing the goods;

  • (c)   providing the cost for replacing the goods or for acquiring equivalent goods; and

  • (d)   providing the cost for having the goods repaired.

​​

56.   In relation to the supply of services, the Supplier's liability is limited to:

​

  • (a)   supplying the service/s again; or

  • (b)   providing for the cost of having the service/s supplied again.

 

58.   The Supplier is not liable, whether claims are made or not, for loss of profit, economic or financial loss, damages, consequential loss, loss of opportunity or benefit, loss of a right or any other indirect loss suffered by the Applicant.

​

59.   The Applicant will, at the request of the Supplier, execute documents and do such further acts as may be required for the Supplier to register the security interest granted by the Applicant under the PPSA.

​

60.   The Applicant agrees to accept service of any document required to be served, including any notice under this agreement or the PPSA or any originating process, by prepaid post at any address nominated in this application or any other address later notified to the Supplier by the Applicant or the Applicant's authorised representative.

​

61.   The Applicant further agrees that where we have rights in addition to those under part 4 of the PPSA, those rights will continue to apply.

​

62.   The Applicant irrevocably grants to the Supplier the right to enter upon the Applicant's property or premises, without notice, and without being in any way liable to the Applicant or to any third party, if the Supplier has cause to exercise any of their rights under sections 123 and/or 128 of the PPSA, and the Applicant shall indemnify the Supplier from any claims made by any third party as a result of such exercise.

​

SEVERANCE

63.   If any provision of this agreement 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.

​

64.If any part of this agreement is invalid or unenforceable, that part is deleted and the remainder of the agreement remains effective.

​

VARIATION

65.   The Applicant agrees that these terms and conditions may be varied, added to, or amended by an authorised officer of the Supplier at any time by written notice to the Applicant.

​

66.   Any proposed variation to these terms and conditions by the Applicant must be requested in writing. The Supplier may refuse any such request without providing reasons either orally or in writing.

​

CONSENT TO REGISTER

67.   The Applicant hereby consents to the Supplier recording the details of this Agreement on the Personal Property Securities register and agrees to do all things necessary and reasonably required by the Supplier to effect such registration.

68.The Applicant waives any right or entitlement to receive notice of the registration of any security interest(s) created by this instrument on the Personal Property Securities Register.

​

ENTIRE AGREEMENT

69.   This agreement constitutes the entire agreement between the parties relating in any way to its subject matter. All previous negotiations, understandings, representations, warranties, memoranda or commitments about the subject matter of this agreement are merged in this agreement and are of no further effect. No oral explanation or information provided by one party to another affects the meaning or interpretation of this agreement or constitutes any collateral agreement, warranty or understanding.

​

PRIVACY ACT

70.   The Applicant agrees to the terms of the Privacy Act 1988 authorisation contained in this document.

PRIVACY ACT 1988 AUTHORISATION

 

To enable the Supplier to assess the credit application or to review any existing credit, the Applicant and Guarantors authorise the Supplier to obtain:

​

71.   from a credit reporting agency a credit report containing personal information about the Applicant and Guarantors in relation to credit provided by the Supplier (section 18K(1)(a) of the Privacy Act 1988); and

​

72.   a report from a credit reporting agency containing personal information about the Applicant and the Guarantors (section 18K(1)(b) of the Privacy Act 1988); and

​

73.   a report containing information about the Applicant's and the guarantors' commercial activities or commercial credit worthiness from a business which provides information about the commercial credit worthiness of a person or an entity in relation to credit provided by the Supplier (section 18L (4) of the Privacy Act 1988).

​

74.   The Applicant authorises the Supplier to provide certain personal information about the Applicant under section 18E(8)(c) of the Privacy Act 1988. The information which may be given to an agency is covered by section 18E(1) of the Privacy Act 1988 and includes:

​

75.   the fact that application for credit has been made;

 

76.   the fact that the Supplier is a credit provider to the Applicant;

​

77.   payments which become overdue more than 60 days;

​

78.   advice that payments are no longer overdue;

​

79.   cheques drawn by the Applicant in excess of $100 that have been dishonoured more than once;

​

80.   in specified circumstances, that in the opinion of the Supplier the Applicant has committed a serious credit infringement;

​

81.   that the credit provided to the Applicant by the Supplier has been discharged.

​

In accordance with section 18N(1)(b) of the Privacy Act 1988, the Applicant authorises the Supplier to give and obtain from credit providers named in this credit application and credit providers that may be named in a credit report issued by a credit reporting agency information about the Applicant's credit arrangement. The Applicant acknowledges that the information can include any information about the Applicant's credit worthiness, credit standing, credit history or credit capacity that credit providers are allowed to give or receive from each other under the Privacy Act 1988.

DEED OF GUARANTEE & INDEMNITY

 

(Guarantors) hereby covenant and undertake and if more than one, jointly and severally, as follows:

​

JURISDICTION

1.   The Guarantors acknowledge and agree that this guarantee and indemnity is governed by the laws of New South Wales, and the laws of the Commonwealth of Australia which are in force in New South Wales.

​

2.   The parties to this guarantee and indemnity submit to the non-exclusive jurisdiction of the courts of New South Wales and the relevant federal courts and courts competent to hear appeals from those courts.

​

CONSIDERATION

3.   In consideration of the Supplier extending or agreeing to extend credit or further credit to the Applicant at the Guarantors' request (testified by the Guarantors' execution of this agreement) for goods old or to be sold from time to time, the Guarantors guarantee payment to the Supplier of all money which is now or at any time in the future becomes due and payable to the Supplier by the Applicant 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 Applicant to the Supplier arising out of a relationship of trustee and beneficiary.

​

GUARANTEE AND INDEMNITY

4.   The Guarantors agree to guarantee and indemnify the Supplier against all losses, damages or expenses that the Supplier may suffer as a result, either directly or indirectly, of any failure by the Applicant to make due payment of any money owing to the Supplier whether for goods sold or otherwise or to observe the terms of any agreement between the Applicant and the Supplier, including costs in an indemnity basis of any attempt or attempts to recover from the Applicant or any Guarantor and whether successful or not or whether frustrated by the Applicant or Guarantor or by operation of law and including costs ordered by a court to be paid by the Supplier to the Applicant or to 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 Supplier.

​

5.   This guarantee and indemnity will be a continuing guarantee and indemnity and will 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 Supplier to the credit of any account of the Applicant or the Guarantors, or deemed to be held in trust by the Applicant for the Supplier, and will be available as a guarantee and indemnity for the whole of the sums referred to in clauses 3 and 4 of this guarantee and indemnity.

​

6.   Where two or more persons execute this guarantee and indemnity, the guarantees, covenants and obligations in this guarantee and indemnity given or undertaken by the Guarantors will be deemed to bind the Guarantors jointly and each of the guarantors severally and the Supplier will be entitled to seek payment in full from any one or more of the Guarantors without seeking payment from the other Guarantors.

​

7.   The Supplier will have the right to proceed against the guarantors under the Guarantee and Indemnity, irrespective of default of the Applicant to pay and with or without notice to the Applicant, as if the primary liability for any money owing was the guarantors' own. Further, the Suppliers will 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 and indemnity will continue in force until such time as the Supplier releases the Guarantors in writing, and notwithstanding the fact that the Guarantors are no longer directors, shareholders or owners of the Applicant.

​

9.   This guarantee and indemnity is without prejudice to and will not be affected by, nor will the rights or remedies of the Supplier against the Guarantors or any of the Guarantors be in any way prejudiced or affected by:

​

  • (a)   any other security taken by the Supplier from the Applicant or from any other person;

  • (b)   any waiver or indulgence, whether as to time or otherwise, given to the Applicant or to the Guarantors or any one or more of the Guarantors;

  • (c)   by any other act, matter or thing which under the law relating to sureties would or might but for this provision release the jointly and severally, as follows. Guarantors or any of the Guarantors from all or any part of the guarantors obligations contained in this guarantee and indemnity; or

  • (d)   any person named in this guarantee and indemnity as Guarantor failing to execute this guarantee and indemnity or failing or ceasing to be bound by the terms of this guarantee and indemnity.

​​

RIGHT OF SUBROGATION

10.   In the event of the Guarantors and/or the other Guarantors making any payment in respect to an obligation of the Applicant whether under a guarantee or indemnity or otherwise, the guarantors will not exercise any rights of subrogation against any other Guarantors or the Applicant unless and until the Supplier has been paid in full.

​

11.   In the event of the Applicant going into liquidation, the guarantors will be prohibited from proving in competition with the Applicant unless and until the Supplier has been paid in full.

​

INSOLVENCY OF APPLICANT

12.   No sum of money which the Applicant pays to the Supplier and the Supplier 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 Applicant by reason of the Corporations Act 2001, Bankruptcy Act 1966 or otherwise will, for the purposes of this guarantee and indemnity, be considered as discharging or diminishing the Guarantors' liability and this guarantee and indemnity will continue to apply as if the said sum(s) had at all times remained owing by the Applicant.

​

COSTS

13.   The Supplier is at liberty from time to time to charge the account of the Applicant with all costs, charges and expenses, legal or otherwise that the Supplier incurs in connection with:

  • (a)   the account of the Applicant;

  • (b)   this guarantee and indemnity;

  • (c)   any other security in respect of the indebtedness of the Applicant to the Supplier;

  • (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 Supplier under or by virtue of this deed; and the same will be part of the monies secured by this deed.

​​

14.   The Guarantors agree to pay the Supplier's costs and disbursements incurred in recovering monies secured by this deed, including debt recovery agency fees and legal costs on an indemnity basis.

​

15.   The Guarantors appoint as their duly constituted attorney the Supplier's company secretary from time to time to execute in the Guarantors' names and as the Guarantors' act and deed any real property mortgage, bill of sale or consent to any caveat the Supplier may choose to lodge against real property that the Guarantors may own in any Land Titles Office in any state or territory of Australia, even though the Guarantors may not have defaulted in carrying out their obligations hereunder.

​

VARIATION

16.   The Guarantors authorise the Supplier to give time or any other indulgence or consideration to the Applicant in respect of compliance with its obligations to the Supplier, even if giving time or any other indulgence or consideration has the effect of increasing the Guarantors' liability under this guarantee and indemnity.

​

17.   The Guarantors agree that this guarantee and indemnity will not be avoided, released or affected by the Supplier making any variation or alteration in the terms of its agreement(s) with the applicant, even if such variation or alteration has the effect of increasing the Guarantors' liability under this guarantee and indemnity.

​

SEVERANCE

18.   If any provision of this guarantee and indemnity 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.

​

SECURTY / CHARGE

19.   The Guarantors charge in favour of the Supplier all of their state and interest in any real property that the Guarantors own at resent and in the future with the amount of their indebtedness hereunder until discharged, such indebtedness to include all amounts referred to in clauses 3 and 4.

​

20.   The Guarantors charge in favour of the Supplier all of their state and interest in any personal property that the Guarantors own at present and in the future with the amount of their indebtedness hereunder until discharged, such indebtedness to include all amounts referred to in clauses 3 and 4.

​

21.   This guarantee and indemnity secures the repayment of all monies owed by the Applicant whatsoever, and this deed constitutes the entire guarantee.

​

22.   Where the Guarantors have previously entered into an agreement with the Supplier by which the Guarantors have granted a charge, mortgage or other security over real or personal property, those charges, mortgages or other security interests will continue and co-exist with the obligations and security interests created in his deed. The Supplier may, at its election, vary the terms of such previous charges, mortgages or other securities to reflect the terms herein.

​

PERSONAL PROPERTY SECURITIES ACT

23.   For the avoidance of any doubt, the security interest(s) created by this instrument in favour of the Supplier constitutes security interests pursuant to the Personal Property Securities Act 2009.

​

24.   The Guarantors waive any right or entitlement to receive notice of the registration of any security interest(s) created by this instrument on the Personal Property Securities Register.

​

PRIVACY ACT

25.   The Guarantors agree to the terms of the Privacy Act 1988 Authorisation contained in this document.

​

Policy last updated on 17th January, 2018.

Austral will not generally collect sensitive information. If we do collect sensitive information about you, we will only do so with your express consent or where the collection is required or authorised by law.

​

4. Government Related Identifiers

"Government related identifiers" are items such as drivers licence numbers. Austral only collect these where they are necessary to verify your identity for our business purposes, such as credit provision, or where such use or disclosure is required or authorised by law.

​

5.   Use of Personal Information

The personal information (as disclosed at the time of collection) that you provide to us may be used for business purposes relevant to our relationship with you.

Austral uses this information for the primary purpose of supplying you with our goods or services. It may include (but is not limited to):

​

  • Assessing and responding to your enquiries, requests and applications;

  • Fulfilling your orders;

  • Identifying other products and services that you might purchase;

  • Helping us improve our product and services offering;

  • Direct marketing of our products and services;

  • Relationship management;

  • Injury and safety management, and protecting our lawful interests.

 

Austral may not be able to do these things without your personal information.

​

Austral may contact you on an ongoing basis by phone, email, or other means regarding your account or (subject to any legal restrictions) for direct marketing. If you do not wish to receive direct marketing messages you can unsubscribe in accordance with the unsubscribe procedure set out at the bottom of that message.

​

6. Disclosure of Personal Information

Austral is not likely to disclose your personal information to overseas parties or recipients.

​

Austral may exchange your personal information with our related companies, subcontractors, and service providers in the course of conducting our business. Austral will not disclose your personal information unless such disclosure is authorised under the Australian Privacy Principles. Some examples of such use or disclosure are:

​

  • Where necessary to prevent a threat to life, health or safety;

  • Where necessary to investigate suspected unlawful activity, to prevent or detect criminal offence or improper conduct;

  • Where necessary to collect overdue debts;

  • You have consented, either expressly or implicitly, to the disclosure of information about you.

 

7.   Security & Confidentiality

Austral store personal information in both paper-based records and in electronic form. Austral takes reasonable precautions and implements various security measures to protect the security and confidentiality of your personal information, to minimise the likelihood of loss, misuse, unauthorised access, modification or alteration. Austral also takes reasonable steps to destroy or de-identify information that is held about you when it is no longer required.

​

8.   Online Activity

Austral uses technology known as "cookies" when you visit our website/s to collect information. Cookies are electronic files that allow our system to identify and interact more effectively with your device and software. They help us to maintain the continuity of your browsing session and remember your preferences when you return. In many cases this happens anonymously.

​

The information collected by these cookies may contain personal information about you such as your browsing activities on any of Austral’s websites. Should you wish not to have your information collected through the use of cookies, Austral recommends that you disable cookies within your browser.

​

9.   Accessing your Personal Information

Upon request, Austral will give you access to any personal information which we hold about you. There are some exceptions to this, as allowed by law, and may be affected by matters such as:

​

  • Austral reasonably believes that access would pose a threat of life, health or safety of any individual or group of individuals;

  • Access to the information is commercially sensitive to Austral or one of its customers;

  • The request for access is frivolous or vexatious;

  • The existence of a legal dispute or potential legal dispute.

​​

Austral will usually respond to requests for access to personal information within 30 days of receiving the request. If we refuse your access request, Austral will provide an explanation for doing so, in writing.

​

Austral will not charge you for access, however, we may charge you a reasonable fee to cover costs in relation to retrieving and supplying the information to you. Austral will inform you and obtain your agreement to any fee before the information is provided to you.

​

10.   Correction of your Personal Information

Austral takes all reasonable steps to ensure that the personal information collected about you is accurate, up-to-date and relevant. If you believe a correction is needed, please provide us with as much detail as you can about the particular information you seek corrected, in order to help us facilitate the correction.

​

11.   Exemptions to this Policy

This policy does not apply to information held by Austral about its employees or contractors.

​

12.   Resolving any Privacy Concerns

Austral have nominated a privacy officer to manage any privacy related matters. If you have any questions regarding our Privacy Policy, or believe we have not complied with our obligations under the Privacy Act, please contact Austral's Privacy Officer by email at privacy@australwire.com.au

​

13.   Changes to this Policy

Austral reserves the right to make changes to this privacy policy. It may be updated and amended from time to time. Any changes to the Privacy Policy will be published on Austral's website, http://www.australwire.com.au. The date on the bottom of this page indicated the latest update of this policy.

​

Policy last updated on 10 January, 2018.

bottom of page