PRIVACY ACT 1988

1. The Customer and Guarantor(s) are informed that personal information (including an opinion) relating to the Customer and Guarantor might be disclosed by BOWEN AND POMEROY PTY LTD to a credit reporting agency.

      2.The Customer and Guarantor agrees:

1. To BOWEN AND POMEROY PTY LTD obtaining from a business which provides information about the commercial credit worthiness of persons information concerning my commercial activities or commercial credit worthiness and using that information for the purposes of assessing this application.
2. To any credit reporting agency giving to BOWEN AND POMEROY PTY LTD a credit provider any credit report or record or information that has any bearing on the credit worthiness, credit standing, credit history or credit capacity of the Customer and Guarantor for any of the following purposes:

1. to assess an application by the Customer or Guarantor for credit.
2. to notify other credit providers of a default by the Customer or Guarantor.
3. to exchange information with other credit providers as to the status of the account where I am in default with another credit provider.
4. to assess the credit worthiness of the Customer and Guarantor at any time.

TERMS AND CONDITIONS OF CREDIT

These are the terms and conditions upon which BOWEN AND POMEROY PTY LTD may supply goods and services to an accepted credit account customer.

1. All goods and services supplied by the Supplier to the Customer during any calendar month must be paid for in full by the Customer on or before the Supplier’s last trading day in the following month (the due date).
2. A monthly billing cycle will apply. During each month the Supplier will render to the Customer a statement of account in respect of the preceding month.
3. If the amount shown to be payable on such statement of account is not paid by the Customer to the Supplier on or before the due date then a credit charge will immediately become payable. The credit charge will be at the rate of 12 per centum per annum calculated on the amount remaining unpaid under the statement of account computed from the due date.
4. The Supplier reserves the right at all time to suspend or discontinue the supply of goods and services to the Customer for material breaches and/or a failure to pay.
5. In the case of a monthly credit account opened in the names of two or more persons, these persons are jointly and severally liable to pay that account.

(a) Goods which we agree to sell shall remain our sole and absolute property as legal and equitable owner until such time as the Customer has paid in full for those goods but such goods shall nevertheless be at the risk of the Customer as soon as they are delivered to or to the order of the Customer’s specified delivery.

(b) Such goods shall be held by the Customer as bailee for us until full payment has been made.

(c) The Customer’s right to possession of the goods shall cease if he, not being a company, commits an available act of bankruptcy, or if he is a Company, a Receiver or Manager becomes entitled to take possession of any assets of the Company or any proceedings are instituted for the winding up of the Company. Upon the happening of any such event we may repossess the goods and for this purpose we are at liberty to enter upon any business where we reasonably believe they might be.

Equitable Charge

6. To secure payment of all monies which may become payable by the Customer to the Supplier, the Customer HEREBY CHARGES with the due payment of those monies all of the Customer’s interest in the land described in this Commercial Credit Application and Supply Agreement and all other real property both present and future and the Customer consents to the Supplier lodging a caveat or caveats noting its interests pursuant to such charge. The customer also agrees, if requested by the Supplier, to execute any other documents in registerable form to better secure this equitable charge. The customer hereby agrees to indemnify the Supplier for all legal costs and fees in respect to such charge and caveat. The Supplier will seek to minimize such costs where possible.