• Terms and Conditions

Terms and Conditions


We, UsOur and similar expressions, refer to W.W. Wedderburn Pty Limited (ABN 25 003 501 853), and where applicable its Related Bodies Corporate. You and similar expressions, refer to the person, corporation, trust or partnership purchasing or hiring goods from us and whose name appears in the Delivery Documents.

Any Wedderburn document forms part of these terms, whether signed by you or not (together with the terms, the Agreement). You should read and consider carefully these terms and conditions before taking delivery. For the purposes of this Agreement, Goods shall mean any and all items of equipment described in the documents or provided to you whatsoever pursuant to this Agreement.

1. General Terms

1.1. In return for us agreeing to consider your order you agree that these conditions apply if we do accept your order or if we do supply you with goods or services (whether for cash, or on credit).

1.2. We are not obliged to accept any orders from you, but if you do place an order with us then it becomes binding from the moment that we accept it even if we do not tell you that it has been accepted. Any quotation is merely an invitation to you to place an order with us. If you offer to purchase goods based on a quotation from us, then your offer is subject to these conditions.

1.3. These conditions prevail even if they are inconsistent with anything in any earlier or later document.

2. Payments and Credits

2.1. Unless we agree in writing to give you credit, you must pay for all orders on or prior to delivery. For these purposes delivery is when the goods are collected or dispatched from our warehouse.

2.2. At our discretion, we may decline to give you further credit at any time. If we do decline to give you further credit then that decision does not affect the credit terms which apply to any amounts you then owe to us.

2.3. If any amount you owe to us is not paid within 7 days of the due date then all of the monies that you owe us on any account become immediately due and payable; and without limiting our other rights we may suspend the supply of service and defer or cancel any outstanding orders.If you do not pay an invoice by the due date, a late payment fee of 2% above the prime overdraft rate charged from time to time by the National Australia Bank calculated and payable daily may be imposed. In addition, without limiting any right contained below, you will be liable to indemnify us for all expenses incurred by us in recovering any amounts which you fail to pay by the due date (including any commission payable to any commercial or mercantile agents and legal costs).

2.4. You acknowledge that we have a security interest in the Goods for the purposes of the Personal Property Securities Act (Cth) (PPSA) and to the extent applicable the PPS Act applies. To give effect to the above, you consent to us affecting a registration on the Personal Properties Securities Register (PPSR) (in any manner we consider appropriate) in relation to any security interest arising under or in connection with this Agreement or any hire agreement and you agree to provide all assistance reasonably required to facilitate this. You also undertake to do all such things, including executing any new document or providing any information that is required by us so that we acquire and maintain a perfected security interest under the PPSA in respect of the goods and its proceeds, so that we may register a financing statement or financing change statement and to ensure that our security position, and rights and obligations, are not adversely affected by the PPSA.

2.5. We may increase any agreed sale price after we accept an order, to cover the full amount of any increases in indirect taxes and duties such as sales taxes, GST, consumption taxes and stamp duty which we incur in connection with a transaction after the date of your order. We may also impose a charge for accepting payments by credit card. We may set off against any credit owed to you any amount owing by you to us.

3. Guarantees, Warranties and Limitations

3.1. We guarantee that goods are of acceptable quality when sold. In the event that goods are not of acceptable quality when sold you should immediately contact us. For all household goods (as defined by the Australian Competition and Consumer Act (ACL), if there is a major failure of one of our guarantees, you are entitled to a refund or to reject the item and to get an identical replacement or one of similar value if reasonably available or to keep the goods and get compensation for the drop in value caused by the problem. If there is a minor failure we can choose to repair or replace any item sold by us or to offer you a refund. For non-household goods we can choose in our absolute discretion to repair, refund or replace any item sold by us. In addition to a manufacturer’s warranty (if applicable), we also provide an express manufacturer’s warranty that goods manufactured by us are free from defect for 6 months from date of delivery in the case of wrapping machines and high speed weigh/labelling machines , and in all other cases, for 1 year from date of delivery. The express warranty is a Return to Base Warranty, where the item must be delivered prepaid to our nominated repair centre. We choose whether to repair or replace, and that is the limit of our liability under this express warranty. This express warranty sits alongside to and is in addition to the consumer guarantees which cannot be excluded. Important Exclusions: Our warranty does not cover: in transit damage; failure to comply with the original supplier’s or manufacturer’s warranty; willful abuse or misuse; general wear and tear. This warranty is voided and does not cover any damage caused by the use of other than genuine original manufacturer’s parts and consumables. This warranty does not cover any products sold ‘as is’ or used in breach of manufacturer’s warranty, any damage from cleaning or repair by anyone without written authorisation from us, any damage caused by products not used according to product instructions, consequential damage or incidental damages (except as provided for in the ACL), personal injury, lost profits, lost savings or other economic damages, loss of use of the goods, rental or hire use, damage from prolonged exposure to fire or heat, damage from fraud, intentional acts, war, hostilities, terrorism or vandalism or acts of God.

3.2. We must use our reasonable endeavours to assist you to obtain the benefit of any guarantee or warranty offered by the original supplier or manufacturer of any goods that we supply to you.

3.3. We sell our products by specification and we guarantee that they are fit for the purpose for which goods of that kind are commonly supplied. You decide what specific purpose to use them or to re-supply them for. Further, unless specifically stated in writing, we take no responsibility for: labels or artwork or the appropriateness of the content contained therein on an item by item basis or otherwise; nutritional information contained on the label or completeness of same; checking the accuracy and content of item descriptions, pricing or weights; accuracy of weights; barcodes or other descriptors.

3.4. This clause applies if something happens which is beyond our reasonable control which makes it impossible, more difficult or more expensive for us to perform our obligations in our usual way. In those cases we may wait until it is again possible for us to perform our obligations in our usual way without additional difficulty or expense and we are not liable for any delay which results. If delay or failure to deliver is caused by force majeure or labour dispute we may suspend delivery, supply or completion and/or terminate the contract. Force Majeure means an act of God, war, lightning, fire, earthquake, storm, flood, explosion, unavailability or delay in availability of goods materials or transport, and any other cause, whether of the kind specifically enumerated or otherwise which is not within our control. Whilst we shall use reasonable endeavours to comply with your particular delivery requirements and order specifications, you will not be entitled to cancel the whole or part of an order or to claim compensation by reason of our failure to comply with your delivery requirements or minor variations to the goods as a result of changes to the manufacturing processes or specifications.

3.5. Delivery times are estimates only and we are not liable for minor delays in delivery. In this respect you agree that time is not of the essence.

3.6. The law implies various terms, conditions and warranties which might apply to our supplying goods or services to you. We exclude all of those implied terms, conditions and warranties to the fullest extent permitted by law.

3.7. Provisions of the ACL and other statutes in some cases either cannot be excluded, restricted or modified; or can only be restricted or modified to a limited extent. If any provisions of those types do apply, then to the extent permitted by law our liability under those provisions is limited as follows: For non household goods our liability in relation to goods is limited at our option to replacement of the goods or the supply of equivalent goods; or repair of the goods; or payment of the cost of replacing the goods or of acquiring equivalent goods; or payment of the cost of having the goods repaired. Our liability in relation to services is limited at our option to the supplying of the services again; or the payment of the cost of having the services supplied again.

3.8. We are not liable for any damage for breach or negligence or otherwise, except as stated. Damage includes lost profits, lost savings, lost time, loss of or damage to goodwill, loss of or damage to data or records, and claims made against you by others.

3.9. Subject to the other provisions of this clause, we are not liable for any consequential, indirect or special loss or damage, loss of profits, loss of business, business interruption, costs or amounts that you are liable for arising out of any loss suffered by third parties under or relating to this Agreement, whether in contract, tort (including without limitation negligence), in equity, under statute, under an indemnity, or on any other basis, whether or not such loss or damage was foreseeable and even if advised of the possibility of the loss or damage.

3.10. You must indemnify us against all liability, claims, damage, loss, costs and expenses (including, without limitation, legal fees, costs and disbursements on a full indemnity basis), whether incurred against or by us in respect of:

3.10.1. personal injury;

3.10.2. damage to tangible property; or

3.10.3. a claim by a third party.

4. Ownership

4.1. We remain the owner of all of the goods covered by an order until you have paid the full price for those goods plus any associated charges. Payments by cheque do not count until we receive payment on the cheque. Until you become the owner of particular goods, we may enter into any premises or vehicle if we have reasonable grounds to expect that we may find any part of the goods there. If you default in paying any part of the price or associated charges in connection with an order we may re-take possession of the goods supplied under the order. That applies even if we hold some negotiable instrument or security for the amount unpaid. You acknowledge that at all times until full payment is received, we retain title (even if you go into liquidation or become bankrupt) and in no circumstances will the goods be deemed fixtures. If you resell any of the goods (even if mixed with other goods) before becoming the owner, you are acting as our selling agent and shall act as bailee although only to the absolute minimum extent necessary to protect our ownership. If the goods are sold in the ordinary course of business then you will hold the proceeds of sale on trust for us. Should we seek to recover the goods, you hereby grant to us a licence to enter onto your premises to facilitate recovery of the goods and indemnify us for any damage which has been caused to the goods. Risk with respect to the goods (including any loss, damage or deterioration) shall pass to you immediately when the goods leave our premises.

4.2. No goods may be returned to us without our prior written approval and then only upon such terms as we may require which may include inspection, re-packaging and transport costs.

4.3. If we agree to purchase any item from you as a trade-in then you promise that we will become the absolute owner at the time the item is delivered to us and that you will properly maintain and service the item up to the time of delivery.

5. General Conditions

5.1. We supply any firmware or software which comes with goods, under licence only. That licence is non-exclusive but perpetual and only allows use of the particular firmware and software with the goods with which it is supplied.

5.2. We reserve the right to vary the specifications or performance criteria of any product from time to time and to obtain products from different sources, at our absolute discretion. We may do that without telling you provided we have reasonable grounds for believing that the alternative product offered is substantially similar to that previously offered or represents an improvement.

5.3. You are bound by any certificate signed by any of our directors or solicitors which shows any amount or calculation relevant to what you owe us. The only exception is where you can prove the certificate is wrong.

5.4. If you wish to lease or finance the purchase of goods from us through a financier then our trading conditions still apply (with only the minimum changes necessary) between you and us. Our trading conditions still regulate our rights, obligations and liabilities both to you and to the financier and you must indemnify (protect) us against any claim in connection with this order or those goods by the financier.

5.5. We will endeavour to ensure the reasonable availability of spare parts for any product manufactured by us for at least 5 years from the date of first supply to a customer. We will not be liable whatsoever if we are unable to supply the same and make no representation or warranty in this respect.

5.6. In the event that goods are delivered or taken to our workshop for repair, service or maintenance, then all goods must be collected within 7 days of our notifying you that they are ready for collection. In the event that goods are not collected within the notice period then we reserve the right to charge you for the costs of storage and or disposal and all associated costs of the same. The Disposal of Uncollected Goods Act 1967 (Qld) and other equivalent State legislation covers inspection, custody, storage, repair and other treatment of goods. Under those Acts, uncollected goods may be sold six months (or sooner in some States) after the date on which they were ready for collection.

6. Storage

6.1. If you notify us that you are not ready for the goods to be delivered on the required delivery date (as described in any order) or when we advise you that they are ready for delivery, then we will store the goods for you for up to 30 days at no cost to you.

6.2. If after 30 days you are still not ready for the goods to be delivered, then you agree to pay us in full for the goods being stored for you.

6.3. If we store any goods for you for over 30 days, then we may charge you a storage fee at our normal storage rate.

6.4. Risk of damage to, or loss, theft, or deterioration of, the goods (and the need to insure them) passes to you once payment is due, irrespective of whether the goods are stored by us or not.

7. Installation

7.1. Only persons authorised by us are to install the goods where it is necessary to comply with the warranty of the manufacturer.

7.2. The cost of installation or any related compliance test is not included in the price of the goods unless it is specified in our quotation to you and confirmed in our acceptance of your order.

7.3. If we are to install the goods then we will not be responsible for any costs or losses resulting from any delay in the installation.

7.4. Installation will be complete when the goods operate successfully using our standard test procedure.

7.5. It is your sole responsibility to ensure that the site and services (power, water, air, IT systems and other external connections) are prepared to our specifications as required for the correct installation and operation of the goods. If the site and/or services do not meet the specifications, then you will be liable for the additional costs arising from the delays and difficulties in the installation of the goods.

8. Service Terms

These terms specifically exclude any warranty claim.

8.1. Consumable supplies (such as, but not limited to, paper and labels, printing dies, rubber components, ink and glass rollers, power cords and lamps) are not included. You must pay for them.

8.2. We are not obliged to provide service in connection with any accessory item, unless there is an agreement to do so. If a machine constitutes a part of a total system, our service obligations only extend to the servicing of the Wedderburn section of that system, unless agreed otherwise.

8.3. You must pay or reimburse us for any extra or new sales taxes, duties or similar charges, which become payable in connection with the service we have provided.

8.4. No service provided can guarantee uninterrupted service from goods and you may not make any claim against us whatsoever in respect to any damages or loss in this respect.

8.5. You must maintain at your own expense during the service period all appropriate policies of insurance.

8.6. Periodic verification of machines may be required by a relevant authority. We may endeavour to arrange such periodic verification but we are not liable for any refusal or omission to arrange for such verification. You must pay or reimburse us for any cost incurred in respect of such a periodic verification or any similar certification.

8.7. Termination of Service Plan and/or Agreements: Without affecting any other rights we may have, we may terminate these terms at any time without liability to you if you (i) breach these terms (ii) fail to pay any amount when due, or (iii) become bankrupt, insolvent, or are placed in liquidation, administration or receivership. In the event of termination on the grounds described in this clause we shall not be obliged to return or refund any of the fees paid or due to us as at the date of termination.

9. Hire Period and Key Hire Terms

The following additional conditions apply where you have a Hire Agreement (Hire Agreement) with us:

9.1. The period of hire of the goods shall commence on the earlier of the date on which you take possession or on delivery of the goods to the address nominated by you. The period of hire will continue for the minimum period of hire specified in our quote (Minimum Hire Period) or the later of (i) the date on which we collect the goods from you or (ii) the date on which we accept the return of the goods from you, whichever is the longer (Hire Period). The hire period includes all weekends and public holidays. If a fixed period has been agreed, you may only change the hire period with our written consent.

9.2. We agree to hire you the goods on an exclusive basis in good working order, free from defects. We hire our goods by specification and we guarantee that they are fit for the purpose for which goods of that kind are commonly supplied. You decide what specific purpose to use them for. Unless specifically stated in writing on the quotation, we take no responsibility and give no warranty (save for any ACL Warranty), for the suitability of the use of the goods and you agree that before taking possession of the goods, that you have satisfied yourself as to the suitability, condition and fitness for the purpose that you intend to use them.

9.3. Any extension to the hire period (as defined in the Hire Agreement) is subject to our prior agreement and we are not liable if for any reason the goods are not available for hire after the expiry of the minimum hire period.

9.4. Title: We always remain the owner of the goods. You hold the goods as bailee only during the hire period. We retain title to the goods even if you go into bankruptcy or liquidation during the hire period.

9.5. The goods shall be at your risk from delivery or collection by you (whichever is the sooner).

9.6. Hire Fees:

9.6.1. You must pay the hire fees (Hire Fees) specified in our quote to you for the duration of the hire period and in accordance with the Hire Agreement.

9.6.2. In respect of the hire of goods for residential purposes, you acknowledge that we hire goods in blocks of set periods (Block Period). In the event that you return the goods within any block period, you confirm and acknowledge that you are liable to pay all hire fees due up to and including the expiration of the last day of the block period after the return of the goods.

9.6.3. You must pay the hire fees for the goods for the minimum hire period, notwithstanding earlier return of the goods or part of the goods.

9.6.4. Unless otherwise agreed, the hire fees are due in advance.

9.6.5. The Hire fees may or may not include all (i) delivery, collection or installation costs and charges (ii) cleaning or repair charges if the goods are not returned in clean and good condition (iii) stamp duty or GST (if applicable) (iv) credit card charges and (v) any other charges or costs described in our quotation to you.

9.6.6. If requested by us, you must pay to us an amount equal to one month's hire fee or such other amount as is described in the quotation as a security deposit (Security Deposit). Without limiting any other of our rights or remedies, we are entitled to debit the security deposit for any outstanding hire fees (including without limitation costs and charges for recovery) and/or for cost of any damage or loss to the goods. We will refund the balance of any security deposit within 14 days of a written request conditional upon the goods having been returned to us and if, and only if, all outstanding hire fees and other charges due to us under the Hire Agreement are paid in full.

9.6.7. The hire fees, delivery charges and any other taxes and charges due under the Hire Agreement (together the Charges) are exclusive of GST, which must be paid by you in addition to the charges.

9.7. Delivery and Return:

9.7.1. Upon delivery, collection or return of the goods, you must check the goods and quantities delivered (or returned). If there are any discrepancies between the goods delivered and the quoted order or return docket, you must note them at the time of delivery or collection by amending the relevant documents in the presence of our representative.

9.7.2. In the event that the goods are to be collected by you from our premises or in the event that we are to collect goods from your address, you must provide us with 3 business days prior written notice by fax or email specifying the proposed date of collection, name of a representative of yours (who must be present), name of the intended carrier, contact telephone number, and quantity and nature of goods to be collected. We will confirm the date for collection with you.

9.7.3. We will endeavour to effect delivery and collection of the goods at the times indicated by you but will not under any circumstances be liable for any delay in delivery or collection or for failure to deliver or collect. We reserve the right at any time to refuse any carrier of yours.

9.8. If the goods are damaged (other than fair wear and tear) and capable of repair, you must compensate us for the cost of repair. If the goods are lost or damaged beyond repair, you must pay us the new replacement cost of the goods and any other costs incurred by us due to the loss or damage of the goods.

9.9. You will maintain at its own expense during the hire period all appropriate policies of insurance. You must produce on request appropriate evidence of insurance (including, but not limited to, insurance for fire, damage and theft) before the date of delivery of the goods to you.

9.10. In the event that you do not produce evidence of insurance that is satisfactory to us or if otherwise agreed, an insurance fee of 3% of the hire fees for each month (calculated on a daily basis for hire periods of less than one month) shall be payable.

9.11. You must not sell, offer for sale, part with possession of, mortgage, assign, transfer, charge, encumber or otherwise deal with the goods or these terms in any way without our prior written consent.

9.12. Subject to our prior written consent and agreement between you and us as to the sale price, we may, at your request, agree to sell the goods to you at the expiry of the hire period. The goods are not in any other circumstances offered for sale. For the avoidance of doubt, hire fees are payable for the goods up until payment has been received in full by us.

9.13. If the goods are sold to you, ownership of the goods will remain with us until all amounts owing by you (to us) are paid in full. If you do sell the goods in the ordinary course then you agree that you must hold any proceeds from the sale of the goods as trustee and agent of W.W. Wedderburn Pty Limited and that you will place the same in an account, separate from your own monies and you must not allow any person to have control of or grant a security interest over the proceeds or the accounts in which they are held.

9.14. Termination and Access for Repossession:

9.14.1. Without affecting any other rights we may have, we may terminate these terms at any time without liability to you if you (i) breach these terms, (ii) fail to pay any amount when due, or (iii) become bankrupt, insolvent, or are placed in liquidation, administration or receivership, and in any such case we may repossess the goods.

9.14.2. Without adversely affecting our other rights and remedies, upon termination of these terms for any reason and/or upon expiry of the hire period (i) you must provide us with all reasonable assistance in locating and collecting the goods; and (ii) you acknowledge and agree that we or our employees or agents shall be entitled to enter your premises where the goods are, or we reasonably believe the goods are, in order to re-take possession of the goods. You indemnify us against any liability, damage, loss, cost, charge, or expense arising directly or indirectly out of our exercising this right of entry.

9.15. If the goods are not returned to us in good condition at the expiry of the hire period, or within seven (7) days of our making written demand, you must pay us the new replacement cost of the goods and any other costs incurred by us due to the loss of the goods.

9.16. Electrical Tagging: You are responsible for arranging at your cost, the re-testing and re-tagging of the Hire Item in accordance with the manufacturer’s instructions and the Australian Standards requirements.

10. Other Terms

10.1. These conditions can only varied by one of our authorised officers signing a document which states the variation, and the transaction to which the variation applies.

10.2. We become the owner of parts that we replace. Replacement parts may not be exactly the same as the originals. We may use reconditioned parts rather than new parts, as replacements.

10.3. You must allow us to take the goods away to our workshop, if that is reasonably required, so we can carry out any maintenance or warranty repairs.

10.4. You agree and understand that we shall not be responsible or liable for any loss, damage, corruption, disclosure or alteration of any files, folders, data, programs or any of your confidential, proprietary, business and/or personal information or removable media (Data)during installation or service of any product. You are responsible for any and all restoration and reconstruction of lost, damaged, corrupted or altered data, and it is up to you to maintain and implement a complete data backup and disaster recovery plan.

10.5. Your Obligations to Us: Throughout the term of this agreement and in respect to any other agreement you must:

10.5.1. keep the goods in proper working order and condition;

10.5.2. store the goods safely and securely and protected from theft, seizure, loss or damage;

10.5.3. not alter, tamper, damage or repair the goods without our written consent;

10.5.4. not remove any label, identifying mark or safety instruction from the goods;

10.5.5. not remove the goods from the location described in any agreement;

10.5.6. allow us (or our nominated person) at any time during the service period, to enter the premises where the goods are stored to inspect and service the goods;

10.5.7. notify us immediately if there is any loss or damage.

10.6. If any provision of any agreement shall be invalid, void, illegal or unenforceable, the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.

10.7. You are not entitled to set off against or deduct from the price any sums owed or claimed to be owed to you by us.

10.8. The failure by us to enforce any provision of term and condition of any agreement shall not be treated as a waiver of that provision, nor shall it affect our right to subsequently enforce that provision.

10.9. The description, illustration and performance of any product contained in our catalogue, marketing material, price list or advertising does not form part of any agreement unless expressly set out in such agreement. Any representation made about fitness for purpose is only made for general guidance only and you should fully satisfy yourself that the product will meet your requirements and will be suitable for your intended purpose.

10.10. Delivery shall be at the address nominated on the quotation as the delivery address. In the event that a delivery address is not specified and/or in the event that you request us to store the goods, we may charge you for same.

10.11. You hereby indemnify us against any liability, loss or damage we may incur or sustain as a result of the use of the goods and any failure, act or omission by you.

10.12. We may complete any blanks on any form on your behalf.

10.13. Our transactions are governed by the law of New South Wales.

11. GST

11.1. Despite anything else in any agreement to the contrary, to the extent that we are liable to pay GST in connection with any taxable supply pursuant to the agreement (the Affected Supplies):

11.2. We may add to each of the amounts payable by you for the affected supplies, an allowance in respect of GST as reasonably calculated by us (for past, present or future GST liabilities) and you must pay us the higher amount which results.

11.3. We may make a further charge after termination, being a further allowance in respect of any remaining GST as reasonably calculated by us and you must also pay us that charge.

11.4. Any amount payable under any agreement, including an amount payable because of the previous provisions, remains payable whether or not there is disclosure of any amount included on account of GST.

11.5. We must comply on demand with our obligations in relation to the issue of any relevant tax invoice to you.

11.6. Anything we might have said to you about GST in connection with any agreement was only intended to reflect our current understanding and may not have been applicable in your particular circumstances. We recommend that you obtain and only rely on your own independent expert advice in relation to GST in particular.

11.7. GST, tax invoice and taxable supply in any agreement have the meanings defined in A New Tax System (Goods and Services Tax) Act 1999 as may be amended or substituted from time to time. If those definitions are repealed, then those words have the meanings defined for such comparable terms as we may reasonably identify in any comparable legislation.

12. PPS Act

12.1. You waive the right to receive any notice under the Act (including notice of a verification statement) unless the notice is required by the Act and cannot be excluded.

12.2. You acknowledge that if our interest under any Agreement is a security interest for the purposes of the Act:

12.2.1. that security interest relates to the goods and all proceeds of any kind; and

12.2.2. each sale is a security agreement for the purposes of the Act.

12.3. We may in our absolute discretion perfect any security interest held by us against any third party on whose site the goods are located in any manner that we consider appropriate to protect our interest in the goods.

12.4. If requested by us, you must provide us with all details as to the location of the goods and the identity of any sub-lessee or third party that has been given possession.

12.5. (Subject always to our consent) If you sub-lease or provide the goods to a third party you must do everything required to ensure that your security interest has attached and is perfected by registration on the PPSR.

12.6. You undertake not to:

12.6.1. register a financing change statement in respect of a security interest contemplated or constituted by any Agreement without our prior written consent; and

12.6.2. register, or permit to be registered, a financing statement or a financing change statement in relation to the goods in favour of a third party without our prior written consent.

12.7. If the PPS Act applies to the enforcement of a security interest arising under this Agreement:

12.7.1. section 115(1) of the PPS Act allows for the contracting out of provisions of the PPS Act, the following provisions of the PPS Act will not apply and you will have no rights under them: section 95 (to the extent that it requires the secured party to give notices to the grantor); section 96; section 118 (to the extent that it allows a secured party to give notices to the grantor); section 121(4); section 125; section 130; section 132(3)(d); section 132(4); section 135; section 142 and section 143; and

12.7.2. section 115(7) of the PPS Act allows for the contracting out of provisions of the PPS Act, the following provisions of the PPS Act will not apply and you will have no rights under them: section 127; section 129(2) and (3); section 130(1); section 132; section 134(2); section 135; section 136(3), (4) and (5) and section 137.

12.8. You agree not to disclose information of the kind referred to in section 275(1) of the PPS Act to an interested person, or any other person requested by an interested person. You waive any right you may have, or but for this clause may have had, under section 275(7)(c) of the PPS Act to authorise the disclosure of the above information.

12.9. For the purposes of section 20(2) of the PPS Act, the collateral is the Goods. This Agreement is a security agreement for the purposes of the PPS Act.

12.10. You agree to notify us in writing of any change to your details set out in the Credit Application, within 5 days from the date of such change.

13. Trade Measurement Act


14. Therapeutic Goods Act


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