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Version: August 2013
COMMERCIAL ACCOUNT APPLICATION – CREDIT
NAME OF CUSTOMER (company/partnership/sole trader)
TRADING NAME (if different to above)
DATE BUSINESS COMMENCED TRADING / /
AUSTRALIAN BUSINESS NUMBER (A.B.N.) AUSTRALIAN COMPANY NUMBER (A.C.N.) BUSINESS REGISTRATION NUMBER
ADDRESS OF REGISTERED OFFICE
SUBURB STATE POSTCODE
TRADING ADDRESS
SUBURB STATE POSTCODE
POSTAL ADDRESS (if not different to above, state "As above")
SUBURB STATE POSTCODE
TELEPHONE FACSIMILE
MOBILE (if applicable)
EMAIL WEBSITE
CUSTOMER OFFICERS (directors/partners/sole trader) (Customer Officers)
FULL NAME FULL NAME
HOME ADDRESS
HOME ADDRESS
TELEPHONE (BUSINESS)
TELEPHONE (BUSINESS)
TELEPHONE (HOME)
TELEPHONE (HOME)
TELEPHONE (MOBILE)
TELEPHONE (MOBILE)
EMAIL ADDRESS
EMAIL ADDRESS
DATE OF BIRTH DATE OF BIRTH
DRIVER'S LICENCE NO:
DRIVER'S LICENCE NO
If more than two, attach information on additional Customer Officers. This information is part of this Application.
Version: August 2013
OTHER CUSTOMER CONTACTS NAME CONTACT NUMBER EMAIL
FINANCIAL CONTROLLER
A/C PAYABLE CONTACT
DEALER PRINCIPAL / WEB ADMIN
PURCHASING
The Customer agrees with Ingram Micro Pty Limited ABN 45 112 487 966 (IM) to be bound by the Customer Terms of Sale as attached (Terms) and any Credit Terms that are communicated to the Customer from time to time. The Customer and each of the Customer Officers (as identified above and in any relevant attachment) warrant that: (a) the information contained in this Application is true and correct; (b) all financial information relating to the Customer and any guarantor of the obligations of the Customer owed to IM (Guarantor)
provided to IM is a true reflection of the current financial position of the Customer or that Guarantor, as the case may be; and (c) there has been no material adverse change in the financial position of the Customer or any Guarantor advised to IM including, without
limit, by the provision of the financial information referred to above. The Customer and each Customer Officer acknowledge and agree that IM is relying on the financial information referred to above in determining whether to advance credit to the Customer.
Privacy and Credit Assessment Consent
Products means all goods and services (including software) supplied to the Customer (or which may be supplied to the Customer) by IM.
Privacy
1. Each of the Customer and each Customer Officer agrees to IM collecting, using and disclosing certain personal information about it for
various purposes, including to:
(a) assess credit worthiness; (b) supply the Products to the Customer and the management of the Customer's account, including suppliers; (c) communicate with the Customer about the Products which IM or its partners or affiliates may provide to the Customer; (d) implement the Terms and the Credit Terms; and (e) comply with relevant laws.
2. IM, at the written request of the Customer or any Customer Officer, will:
(a) provide that person with access to any personal information relating to that person held by IM; and (b) correct or amend any personal information relating to that person held by IM which is inaccurate or out of date.
3. Please read IM's privacy policy at http://au.ingrammicro.com/pages/privacypolicy.aspx for further information on how it deals with personal information of the Customer and any Customer Officer.
Credit assessment consent
1. Each of the Customer and each Customer Officer acknowledges that in accordance with the Privacy Act 1988 (Cth) (Privacy Act), certain items of personal information about that person and permitted to be kept on a credit information file may be disclosed by IM to a credit reporting agency. IM may give information about that person, before, during or after the provision of credit to the Customer, to a credit reporting agency for the following purposes: (a) to obtain a credit report about that person; and/or (b) to allow the credit reporting agency to create or maintain a credit information file containing information about that person.
This information is limited to:
identity particulars about that person– name, gender, address date of birth and name of employer; the fact that that person has offered to act as guarantor in respect of an application for a credit facility provided by IM to the
Customer; payments by that person which are overdue by more than 60 days, and for which debt collection action has commenced; advice that the payments are no longer overdue in respect of any default that has been listed; the fact that the credit facility provided to the Customer has been paid off or otherwise discharged; any information that, in the opinion of IM, that person has committed a serious credit infringement (that is acted fraudulently
or shown an intention not to comply with its credit obligations); and
Version: August 2013
any cheques drawn by that person for $100 or more which have been dishonoured more than once. 2. Each of the Customer and each Customer Officer agrees that IM may obtain from a credit reporting agency a credit report containing
information about that person for the purposes of: assessing the Customer's application for commercial credit; and collecting overdue payments relating to commercial credit owed to IM.
3. Each of the Customer and each Customer Officer agrees that IM may disclose a credit report obtained from a credit reporting agency and containing information about that person to the guarantors in connection with this Credit Application
4. Each of the Customer and each Customer Officer agrees that IM's trade insurer may obtain from a credit reporting agency a credit report containing information about that person for the purpose of assessing whether to provide trade insurance to IM in respect of commercial credit provided by IM to the Customer
5. Each of the Customer and each Customer Officer agrees that IM may exchange information about that person with those credit providers named in a credit report issued by a credit reporting agency or that conduct a business, and offer credit, in a manner similar to IM for the following purposes: to assess an application by the Customer for credit; to notify other credit providers of a default by that person; to exchange information with other creditor providers as to the status of this credit facility where that person is in default with
other credit providers; and to assess that person's credit worthiness, and each understands that the information exchanged can include anything about that person's credit worthiness, credit standing, credit history or credit capacity that credit providers are allowed to exchange under the Privacy Act. Each person further understands that IM may in accordance with relevant law obtain a banker's opinion about the credit worthiness of that person.
6. Each of the Customer and each Customer Officer agrees that this consent remains current whilst any monies are outstanding to IM and continues until the credit covered by the Customer's application ceases.
7. The Customer and each Customer Officer acknowledge and agree that IM may refuse to supply Products to the Customer on credit terms on the basis of IM’s credit assessment of the Customer.
Signed by the Customer
(if a company)
Signature of Director/Sole Director Signature of Director/Secretary
Print name Print name
Date: Date:
(if a partnership/sole trader)
Signature Signature
Print name Print name
Date: Date:
[Add additional signing provisions if required]
Version: August 2013
Signed by the Customer Officers
Signature Signature
Print name Print name
Date: Date:
[Add additional signing provisions if additional Customer Officers are identified in any annexure]
PLEASE PRINT AND POST THE ORIGINALS TO INGRAM MICRO PTY LTD, CREDIT DEPT, PRIVATE BAG 20 ROSEBERY NSW 1445,
ALONG WITH THE GUARANTEE AND INDEMNITY FORM AND STATEMENT OF PERSONAL ASSETS & LIABILITIES FORM.
Version: August 2013
Ingram Micro Pty Ltd
ABN 45 112 487 966
Customer Terms of Sale
These Customer Terms of Sale ("Terms") set out
the terms and conditions that apply to IM's
supply of goods and services.
1) Definitions Capitalised terms have the following meaning in
these Terms:
"Credit Customer" means a person who:
a) has an approved and available credit line from IM as described in clause 4 of these Terms;
b) has credit privileges within their credit limit as needed for the relevant order the subject of these Terms; and
c) whose credit account remains valid and in good order has not been reduced or cancelled by IM in the manner described in clause 4;
"Customer" means the person who acquires
Products from IM;
"IM" means Ingram Micro Pty Limited (ABN 45
112 487 966) of 61 Dunning Avenue, Rosebery
NSW 2018.
"Order Policy" means IM's order policy as set
out on website AU-Ingrammicro.com;
"Products" means all goods and services
(including software) supplied to Customer by
IM; and
"Returns Policy" means IM's returns policy as
set out on website AU-Ingrammicro.com.
2) Interpretation
In these Terms:
a) the singular includes the plural and vice versa;
b) a gender includes all genders; c) a document (including these Terms) is a
reference to that document as amended, consolidated, supplemented, novated or replaced;
d) a person (including a party) includes: i) an individual, company, other body
corporate, association, partnership, firm, joint venture, trust or government agency; and
ii) the person's successors, permitted assigns, substitutes, executors and administrators;
e) a law includes any legislation, judgment, rule of common law or equity or rule of any applicable stock exchange, and is a reference to that law as amended, consolidated, supplemented or replaced and includes a reference to any
regulation, by-law or other subordinate legislation;
f) the words "including" or "includes" means "including, but not limited to" or "includes, without limitation" respectively;
g) where a word or phrase is defined its other grammatical forms have a corresponding meaning;
h) headings are for convenience only and do not affect interpretation of this agreement; and
i) these Terms may not be construed adversely to a party only because that party was responsible for preparing them.
3) Formation of agreement
a) These Terms and all other documents expressly referred to in these Terms set out the entire agreement of the parties about the subject matter of these Terms and supersede all other representations, negotiations, arrangements, understandings or agreements and all other communications.
b) The parties agree that a separate contract is formed each time Customer acquires goods and services from IM on the then current version of IM's Terms of Sale. Customer should check website AU-Ingrammicro.com for a copy of IM's current Terms of Sale and Order Policy before ordering Products. By placing an order for Products with IM from time to time, Customer accepts and agrees that the current version of the Terms of Sale (and other documents expressly referenced in these Terms of Sale) as displayed on website AU-Ingrammicro.com at the time of the order will apply to that order and that to the full extent permitted by law all other terms and conditions (whether contained in the order or otherwise) will be excluded.
4) Credit Customers
a) If IM has approved an application made by Customer to IM for credit, then IM in its sole discretion will assign Customer a maximum credit line and will have the right to increase, decrease, or terminate Customer's credit privileges or to change the terms and conditions on which those privileges are provided ("Credit Terms") at any time without prior notice to Customer, except as otherwise provided by law. IM may, at any time or from time to time, without assigning any reason therefore, refuse to extend any further credit.
b) To the extent the Customer is a Credit Customer, the customer agrees to
immediately notify IM of any changes to any of the details contained in its credit application or as otherwise provided by Customer to IM, and any other material changes to Customer's ownership, shareholding, structure and/or business, trading or financial activities.
5) Orders
a) Customer: i) must only make orders for Products in
accordance with IM's Order Policy; and ii) acknowledges that all orders are
subject to acceptance by IM. b) IM may reject any order placed by
Customer if: i) it has an insufficient quantity of
Products available to fulfill such order; or
ii) Customer is not a Credit Customer and does not otherwise pay for the order in advance as anticipated by clause 6.
6) Payment
a) The price payable by the Customer to IM for the Products will be IM's quoted price, or in the absence of a quoted price, the price as shown on the website AU-Ingrammicro.com or as otherwise advised by IM.
b) Customer must pay IM for the Products and for all other notified charges (including any handling, delivery, agents' charges and other charges duties or imposts) prior to delivery, or to the extent the Customer is a Credit Customer in accordance with the applicable Credit Terms, unless agreed otherwise in writing by an authorised officer of IM.
c) To the extent Customer is a Credit Customer, IM may, in its sole discretion suspend the provision of credit to Customer at any time until all amounts owing are paid for in full.
d) If Customer does not pay any amount due under this agreement by its due date for payment, Customer is liable to pay interest on any overdue amount from the due date until the date of payment, to be calculated on a daily basis at the rate of 2% above the prevailing base lending rate quoted by the Westpac Banking Corporation.
e) Unless stated otherwise in these Terms (or in writing by IM's authorised representative), all prices quoted for Products are exclusive of all GST and other taxes.
f) If GST is payable as a consequence of any supply made (or deemed to be made) by one party to the other party in connection with this agreement, the
Version: August 2013
party receiving the supply must pay to the party making the supply an amount equal to the GST payable in respect of the supply ("GST Amount") in addition to the amounts otherwise payable.
g) Notwithstanding any other provision of this agreement, if either party is required to reimburse or indemnify the other party for any cost, expenses or other amounts, the amount to be reimbursed or indemnified must be reduced by any part which is recoverable as an input tax credit by the party which incurred it (or representative member of that party's GST group).
h) Terms used in subclauses (e) to (g) above have the meaning as defined in A New Tax System (Goods and Services Tax) Act 1999 (Cth).
i) Customer is responsible for all taxes (other than income tax) payable under these Terms, any matter or thing done under these Terms or any payment, receipt or other transaction contemplated by these Terms, including the granting of any Security Interest (as defined in clause 11), together with any fine, penalty or interest payable because of a default by Customer in paying such taxes.
j) Customer must pay to IM any amount Customer must pay under clause 6(b) in full, without any set-off, and shall not deduct from that amount any tax in relation to purchase of the Products. Customer will reimburse IM for any taxes IM pays on its behalf.
7) Delivery Delivery times advised to Customer are
estimates only and to the fullest extent
permitted by law, IM will not be liable for any
loss, damage or delay suffered or incurred by
Customer or its customers arising from late
delivery of the Products.
8) Part deliveries IM may make part deliveries of any order, and
each part delivery will constitute a separate
supply of the Products for the purposes of these
Terms.
9) Software
a) Customer acknowledges that certain Products (including those containing Software) may be subject to licence requirements or other restrictions specific to certain transactions. Where applicable, Customer agrees to be bound by any such terms and conditions and/or restrictions and shall
indemnify IM for any liability suffered by it arising from Customer's breach of such terms, conditions and/or restrictions.
b) Such terms, conditions and restrictions (including software licence agreements) may be packaged with the relevant Product, may be separately provided to Customer for execution or may require on-screen acceptance by Customer. Customer agrees to use the Product in accordance with the terms and conditions of the relevant licence agreement or other applicable terms, conditions and/or restrictions.
c) Where the term "supply" or "delivery" is used in these Terms to refer to a software Product, such term means the sale and purchase of a licensed copy of that software Product or a right to access a hosted copy of that software Product (regardless of whether such software is supplied in hard copy or electronically, or where access is otherwise provided to a copy of the software).
10) Inspection and acceptance
Customer must
a) in the case of all Products ordered (other than software Products), inspect such Products upon delivery to Customer's premises; or
b) in the case of software Products, test or inspect such software Products upon those Products being delivered,
and must, within 7 days of delivery, give
written notice to IM at
[email protected] if the
Product delivered is not the same Product
that was ordered. Failing such notice and
to the extent permitted by law, the
Products will be deemed to have been
accepted by Customer.
11) Title and risk
a) Risk in all Products will transfer to Customer immediately upon: i) delivery to Customer, Customer’s
agent or into Customer's custody or control;
ii) collection by Customer’s nominated carrier or agent; or
iii) collection by Customer from IM transport agent depot.
b) Customer must: i) effect and maintain with a
reputable insurance company insurance for the full insurable value of the Products, at its cost, against all appropriate risks including loss or damage by fire,
theft, accident and other such risks;
ii) note the interest of IM on the insurance policy; and
iii) produce a certificate of currency of the insurance effected by Customer under this clause 11(b) to IM, upon request.
c) Risk in the Products will remain with Customer at all times unless IM retakes possession of the Products in accordance with subclause (d) or (e) below.
d) Except as expressly provided herein, title in and ownership of all Products contained in each delivery will remain with IM until IM has received payment in full for the Products and of any other amounts Customer may owe IM at any time, now or in the future. Until title to the Products has passed, Customer grants IM the right to enter Customer's premises to repossess the Products and to sell or dispose of those Products. Customer hereby acknowledges that until payment for the Products and any other amounts owed to IM has been received in full by IM, IM's Security Interest in the Products automatically attaches to and extends to the proceeds of sale of the Products sold by Customer and Customer is under an obligation to IM to account to IM for the proceeds of the sale of the Products sold by Customer.
e) Notwithstanding the foregoing, in the event that IM supplies Products as the agent of the manufacturer or other party ("Principal"), ownership of the Products contained in each delivery remains with the Principal until payment has been received in full and until title to the Products passes, and Customer also grants the Principal the right to enter its premises to repossess the Products and to sell or dispose of those Products.
f) Customer hereby consents to IM registering on the Personal Property Securities Register any and all Security Interests granted by or pursuant to this agreement.
g) Customer agrees to do, at Customer's own expense, all things necessary, including executing all documents and providing all relevant information, and otherwise co-operating fully with IM to enable IM to register and maintain a financing statement on the Personal Property Securities Register in order to ensure that IM has a perfected Security Interest in relation to all Security Interests created by or pursuant to this agreement and where applicable, a Purchase Money Security Interest in respect of the goods.
h) Customer must not grant any other Security Interests in the Products which would rank equally with, or in priority to, a Security Interest held by IM over
Version: August 2013
those Products under this agreement except with the prior written consent of IM.
i) As between debts owed to IM secured by Purchase Money Security Interests and other debts, IM will be entitled to apply monies received from Customer against other debts first at its sole discretion and despite any direction from Customer to the contrary.
j) To the extent the law permits: i) for the purposes of sections 115(1)
and 115(7) of the Personal Property Securities Act 2009 ("PPSA"):
(A) IM need not comply with sections
95, 118, 121(4), 125, 130,
132(3)(d) or 132(4); and
(B) sections 142 and 143 are excluded;
ii) for the purposes of section 115(7) of the PPSA, IM need not comply with sections 132 and 137(3);
iii) if the PPSA is amended after the date of this document to permit Customer and IM to agree to not comply with or to exclude other provisions of the PPSA, IM may notify Customer that any of these provisions is excluded, or that IM need not comply with any of these provisions, as notified to Customer by IM; and
iv) Customer agrees not to exercise its rights to make any request of IM under section 275 of the PPSA, to authorise the disclosure of any information under that section or to waive any duty of confidence that would otherwise permit non-disclosure under that section.
k) If IM exercises a right, power or remedy in connection with this agreement, that exercise is taken not to be an exercise of a right, power or remedy under the PPSA unless IM states otherwise at the time of exercise. However, this clause does not apply to a right, power or remedy which can only be exercised under the PPSA.
l) To the extent the law permits, Customer waives: i) its rights to receive any notice that
is required by: (A) any provision of the PPSA
(including a notice of a
verification statement); or
(B) any other law before a secured
party or receiver exercises a right,
power or remedy; and
ii) any time period that must otherwise lapse under any law before a secured party or receiver exercises a right, power or remedy.
If the law which requires a period of
notice or a lapse of time cannot be
excluded, but the law provides that
the period of notice or lapse of time
may be agreed, that period or lapse
is one day or the minimum period
the law allows to be agreed
(whichever is the longer).
However, nothing in this clause
prohibits IM or any receiver from
giving a notice under the PPSA or any
other law.
m) For the purposes of this clause 11, the terms financing change statement, financing statement, Purchase Money Security Interest, Personal Property Securities Register, Security Interest and verification statement have the meanings given in the PPSA.
n) If Customer sells, disposes of or otherwise deals with Products or any part thereof before full payment has been received by IM, Customer must advise IM in writing, at such times as IM may request, specifying full details of the Products sold, disposed of, utilised or otherwise dealt with.
o) Customer acknowledges that in the case of software Products, any refusal or failure to pay may result in cancellation of the licence to use the software Product.
p) Customer agrees that the provisions of this clause 11 apply despite any arrangement under which IM grants credit to Customer.
12) Returns
a) Where a claim is made under a statutory provision to which clause 18(d) below applies, such claims will be dealt with in accordance with that clause.
b) In all other cases, claims for the return of Products by Customer will be dealt with in accordance with the Returns Policy and this clause 12. Any substitute Products to be shipped to Customer in accordance with the Returns Policy will be sent by IM to Customer by ordinary freight pre-paid.
c) Customer must notify IM in writing of any Products it wishes to return within 7 days from the date of the invoice relating to those Products.
d) To the full extent permitted by law and subject to clause 18(d), IM will not be liable and has no obligation to accept or process any claim for any return request if: i) there has been damage to or
defects in the Products that have been caused by the improper storage, warehousing or transport, or by any neglect, abuse or improper use, installation, maintenance or unauthorised
repair, in each case by any person other than IM;
ii) the Product has been added to, varied, or otherwise modified by, any person other than IM;
iii) in connection with the claim Customer alleges that cartons were damaged in transit but the Proof of Delivery (POD) does not identify that cartons were damaged in transit; or
iv) the claim for a return request is not notified to IM in writing within the period stated in clause 12(c).
13) Customer Claims
a) Where the Customer has a claim for reimbursement or payment in connection with rebate claims and claims for manufacturer subsidies, such claims will be dealt with in accordance with this clause 13.
b) A rebate claim or a claim for a manufacturer subsidy must be submitted in writing by Customer to IM with full and complete documentation in order to support the claim.
c) Customer agrees that no claim is approved until the manufacturer so confirms in writing to IM and IM notifies Customer of such approval.
d) IM will provide any reimbursement or payment to Customer following notification by IM to Customer under clause 13(c).
e) Customer agrees that it has no right to set-off any amount against an invoice from IM.
14) Force majeure If the performance of any of IM's obligations
under these Terms is prevented, restricted or
affected by force majeure including strike, lock
out, raw material shortage, breakdown of plant,
transport or equipment or any other cause
beyond the reasonable control of IM, IM will not
be liable for any delay in performing or failure to
perform its obligations if such failure is due to
such force majeure event. The performance of
IM's obligation will be suspended for the period
of delay due to the force majeure event and IM
will give notice of such cause to Customer.
15) Customer's cancellation
a) Unless otherwise agreed in writing by an authorised officer of IM, Customer may not cancel an order which has been accepted by IM.
b) If Customer's right of cancellation is agreed to by an authorised officer of IM in writing, the right must be exercised by notice in writing from Customer to
Version: August 2013
IM not later than 24 hours before the estimated date of shipment by the manufacturer or IM (as the case may be).
c) Unless otherwise agreed between Customer and IM, upon cancellation prior to shipment, any amounts paid by Customer will be forfeited to IM.
16) Default of Customer
a) Without prejudice to any of IM's other rights under these Terms, if Customer fails to make any payment due to IM under these Terms, IM may, in its sole discretion, and without further liability to Customer: i) refuse to make further supplies to
Customer; and/or ii) cancel or amend any credit
privileges as anticipated by clause 4 or the applicable Credit Terms.
17) Resale
a) All Products supplied by IM may only be sold by Customer within Australia unless otherwise agreed in writing. Customer must not knowingly sell or supply the Products to any person who intends to resell or on-supply them outside of Australia.
b) The parties acknowledge and agree that the Customer may set the amounts it charges to its customers for re-supply of the Products in its sole discretion.
18) Warranty
a) Products may be covered by manufacturers’ warranties. To the full extent permitted by law and subject to clause 18(d), IM's entire responsibility with respect to warranties for the Products is to pass on to Customer the benefit of any such manufacturers' warranties that are provided to IM for such Products, to the extent it is permitted and possible to do so.
b) To the full extent permitted by law and subject to clause 18(d), software Products are not warranted by IM under these Terms. Such software Products are warranted in accordance with the relevant licence agreements governing their use.
c) To the extent permitted by law and subject to clause 18(d), the manufacturers' warranties referred to in clause 18(a) are in substitution for all other warranties, whether implied by statute or otherwise (including implied warranties with respect to merchantability and fitness for purpose) and to the full extent permitted by law, each party excludes all terms, conditions, representations,
warranties and guarantees, whether express or implied (and including those implied by statute, custom, law or otherwise), except as expressly set out in this agreement.
d) Certain legislation may imply warranties, conditions or guarantees or impose obligations upon IM which cannot be excluded, restricted or modified or cannot be excluded, restricted or modified except to a limited extent. These Terms must be read subject to those statutory provisions. If those statutory provisions apply, to the extent to which IM is able to do so, its liability will be limited, at its option, to: i) in the case of goods: the
replacement of the goods or resupply of equivalent goods; repair of the goods; payment of the cost of replacing the goods or acquiring equivalent goods; or the payment of the cost of having the goods repaired; and
ii) in the case of services: the supply of the services again; or the payment of the reasonable cost of having the services supplied again.
e) To the full extent permitted by law, but subject to subclause 18(d) above, IM does not warrant that repair facilities or parts will be available in respect of any of the Products.
f) Customer warrants that it is acquiring the Products for the purpose of use as inventory in Customer's business, and that it is not acquiring the Products wholly or predominantly for personal, domestic or household use or consumption.
19) Liability
a) Customer will be liable for all orders placed with IM through Customer's account, regardless of whether those orders were placed in accordance with Customer's authorisations or instructions. It is Customer's responsibility to ensure that its account is only accessed and used by authorised personnel pursuant to, and in accordance with, any limits on their authority, and safeguarded from misuse by authorised or unauthorised individuals.
b) Customer will defend, indemnify and hold harmless IM, its related bodies corporate, affiliates and subsidiaries and each of their respective officers, directors, employees and agents from and against any and all claims, demands, proceedings, actions, liabilities, losses, damages, costs or expenses of any kind (including reasonable attorney's fees and disbursements) incurred or sustained
as a result of, or arising out of, or relating to any actions taken by IM regarding the Products at the request of, and consistent with, instructions provided by Customer, any breach of these Terms or acts or omissions of Customer or its employees, related bodies corporate, affiliates or agents, the manner in which Customer markets and sells the Products, supply by Customer of any goods or services for use in conjunction with or in relation to the Products, or any breach or alleged breach of any applicable laws or regulations relating to the storage, marketing or sale by Customer of the Products.
c) To the extent that an indemnity under this agreement is in favour of a person other than IM, IM contracts as trustee of the rights under that indemnity.
d) To the fullest extent permitted by law, but subject always to clause 18(d): i) IM will have no liability for (A)
failure to deliver Products within a specified time period; (B) availability and/or delays in delivery of Products; (C) discontinuation of Products, product lines or any part thereof; or (D) cancellation of any orders;
ii) IM has no duty to defend, indemnify or hold harmless Customer, its related bodies corporate, affiliates or their respective customers from and against any claim, demand or cause of action, including any damages, costs or expenses incurred by Customer, its related bodies corporate, affiliates or their respective customers in connection with, arising from or relating to any actual or alleged product liability or violation or infringement of any patent, trademark, copyright or other intellectual property belonging to a third-party by the Products;
iii) Customer's, its related bodies corporate, and their respective customers' sole and exclusive remedy relating to these Terms and/or the Products will be the remedy, if any, afforded by the manufacturer of such goods to such parties as anticipated by clause 18(a);
iv) IM will not be liable for and Customer waives all claims, demands, causes of action or other claims for punitive, exemplary, indirect or consequential damages arising under these Terms or otherwise with respect to the Products or
Version: August 2013
their sale, or for any lost revenues or profits, consequential or incidental damages, injury to persons or property, business interruption or damage to business reputation, regardless of the theory upon which any claim may be based, and even if IM has been advised of the possibility of such damages, including any tort (including negligence) or statutory causes of action;
v) the only liability of IM with respect to any damaged goods, defective goods and/or goods erroneously shipped will be the return rights described herein; and
vi) even if this agreement fails in its essential purpose, in no event will IM's cumulative liability (in tort (including negligence), contract (including under any indemnity), warranty, infringement, under statute or otherwise) to Customer exceed the purchase price actually paid by Customer for the Products that give rise to the dispute, or any defective portion thereof, whichever is the lesser amount. IM's liability to Customer (including in tort (including negligence), contract (including under any indemnity), warranty, infringement, under statute or otherwise) will be reduced by the extent, if any, to which Customer contributed to the loss or damage.
20) Privacy
a) Customer agrees to IM collecting, using and disclosing certain personal information about Customer for various purposes, including to: i) assess credit worthiness; ii) supply the Products and services to
Customer and the management of Customer's account, including suppliers;
iii) communicate with Customer about the Products and services which IM or its partners or affiliates may provide to Customer;
iv) implement these Terms and the Credit Terms; and
v) comply with relevant laws. b) IM, at the written request of Customer,
will: i) provide Customer with access to
any personal information relating to Customer held by IM; and
ii) correct or amend any personal information relating to Customer held by IM which is inaccurate or out of date.
c) IM will handle Customer's personal information in accordance with relevant laws. Please read IM's privacy policy at http://au.ingrammicro.com/pages/privacypolicy.aspx for further information on how IM deals with personal information of its customers.
d) Customer must, at IM's request, obtain any consents from, or provide notices to, individuals associated with Customer for IM's privacy compliance purposes.
21) Intellectual Property
a) Customer acknowledges that: i) all trademarks, copyright and
other intellectual property rights ("Intellectual Property") embodied in or in connection with the Products and any related documentation, parts or software are the sole property of IM or its suppliers; and
ii) except as otherwise set out in a licence agreement referred to in clause 9, all Intellectual Property of IM or its suppliers may only be used by Customer with the express written consent IM or its suppliers and only in accordance with the terms of such consent.
b) Customer must not register or use any trade marks, trade name, domain name, trading style or commercial designation or design used by IM or its suppliers in connection with the Products.
c) Customer will indemnify IM against all liabilities, damages, costs and expenses which IM may suffer or incur as a result of any work performed by IM in accordance with Customer's specifications or as a result of the combination or use of the Products with other equipment, parts or software not supplied by IM, and which results in the infringement of any Intellectual Property of any person.
22) Confidentiality
a) Customer acknowledges that IM has disclosed and may from time to time disclose to Customer certain confidential information and documentation of IM relating to the Products, their marketing, use, maintenance and software, including technical specifications ("Confidential Information").
b) Subject to clause 22(e), Customer must: i) only use the Confidential
Information solely for the purpose for which it was provided; and
ii) not disclose (whether directly or indirectly) to any third party the Confidential Information, other than is required to carry out such purposes or as permitted by clause 22(f).
c) If disclosure of Confidential Information to third parties is necessary, Customer will obtain from such third parties binding agreements to maintain in confidence the Confidential Information disclosed at least to the same extent as Customer is bound to protect IM's Confidential Information under this clause 22.
d) At IM's request, Customer must cease to use and must return or destroy (as IM may instruct) IM's Confidential Information in its possession or control.
e) The provisions of this clause 22 do not extend to any information which is: i) at the time of disclosure, rightfully
known to or in the possession or control of Customer, other than as a result of a breach of confidence by a third party, and which is not subject to an obligation or confidentiality; or
ii) public knowledge (otherwise than as a result of a breach of this clause 22 or any other obligation of confidentiality); or
iii) developed independently by Customer without reliance on any of IM's Confidential Information.
f) Customer may disclose IM's Confidential Information if such disclosure is:
i) approved in writing by an authorised officer of IM; or
ii) required to be disclosed by a government authority or by relevant laws provided that notice of any such required disclosure is first given to IM.
23) General
a) Any provision of these Terms which is invalid or unenforceable in a jurisdiction is to be read down or severed in that jurisdiction to the extent of the invalidity or unenforceability, and this does not affect the validity or enforceability of that provision in another jurisdiction or of the remaining provisions.
b) A provision of or a right under this agreement may not be waived or varied except in writing signed by the person to be bound.
c) A party may give its approval or consent conditionally or unconditionally or withhold its approval or consent in its absolute discretion unless these Terms expressly provide otherwise.
d) Customer acknowledges that some Products may be controlled under export laws. Without limiting clause
Version: August 2013
17(a), Customer shall not export, re-export, or distribute Products, in violation of any such export control laws or regulations.
e) Consistent with IM's high standards for business ethics and its determination to be a responsible corporate citizen, IM places a high priority on compliance with laws regulating exports, imports and supply chain security. IM compliance responsibilities include appropriate screening, contractual and security requirements that agents, distributors, suppliers and other parties doing business with IM may have to meet. In addition to meeting IM's requirements, agents, distributors, suppliers and other parties doing business with IM are also required to comply with the letter and spirit of all applicable laws regulating exports, imports, and supply chain security.
f) Customer warrants that it complies and will continue to comply in all of its business dealings with the US Foreign Corrupt Practices Act 1977.
g) Customer may not assign or otherwise transfer, create any charge, trust or other interest in, or otherwise deal in any other way with any of its rights and obligations under these Terms.
h) These Terms are governed by the laws of the State of New South Wales and each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of the state of New South Wales and waives without limitation any claim or objection based on absence of jurisdiction or inconvenient forum.
IMPORTANT INFORMATION ABOUT THIS DOCUMENT
This document is a guarantee and indemnity.
If any person referred to as the "Customer" in this guarantee and indemnity does not pay any money owed to Ingram Micro Pty Ltd
("IM") by that person when it is due, you must pay that money yourself, together with interest, costs and expenses. You must also
indemnify IM for all its losses if it is unable to recover any guaranteed money from any person referred to as the "Customer" for any
reason.
IM can exercise its rights against you even if it does not take any action against the Customer or any other person that may have an
obligation to pay the amount due to IM. Once you sign this guarantee and indemnity, you will have obligations under it, even if any of
the other persons named as a "Guarantor" do not sign it.
Before signing this guarantee and indemnity, IM recommends that you obtain independent legal advice as to full effect of this document.
The advice should be obtained from a solicitor who is not advising the Customer or any other person connected with the transaction.
You should also obtain all other information and advice necessary to understand the financial position of the Customer and its ability to
meet its commitments to IM.
INFORMATION ABOUT PRIVACY
IM respects your privacy. We collect personal information about our customers and guarantors in the course of our business relationships
in order to supply products or information and to manage our customer relationships. We use personal information about customers and
guarantors to stay in touch and to understand how we can best serve the needs of our business customers. Information about individuals
may be shared with our service providers, but only under strict privacy controls. For more information about our privacy policy, or to
see what information we have concerning you, please contact us at [email protected]"
Guarantee and Indemnity
This Deed is made on ……………day of ………………………………………, 20 ………….(insert date)
1.
by ……………………………………………………………………….……………………………………………………………………...
………………………………………………………………………………………………………………………………………………
(Insert full name(s) and residential/registered office address(es) of Guarantor(s). If Guarantor
is ANOTHER company, insert ACN or ABN after its name.)
2.
(each the "Guarantor") in favour of Ingram Micro Pty Ltd (ABN 45 112 487 966) ("IM"). In consideration of IM, at the request of
the Guarantor, extending, increasing or continuing, or agreeing to extend, increase or continue credit or accommodation to
..………………………………………………………………………………………………………………………………………………
(Insert full name(s), address(es) and ABN(s) of Customer(s). If Customer has a trading
name different to its business name, insert its trading name as well. If Customer is a sole
trader or partnership, insert its full trading name.)
("the Customer"), the Guarantor has agreed to execute this Deed for IM's benefit.
Operative provisions: 1. Definitions and Interpretation (a) In this Deed, unless the context requires another meaning, "Guaranteed Obligations" means all money and obligations that
are now or may in the future become due, owing or payable (whether actually, contingently or prospectively) by the Customer
(in any capacity and whether alone or together with another person) to or in favour of IM on any account.
(b) In this Agreement, unless the context otherwise requires, references to any document (including this Agreement) include
references to that document as amended, consolidated, supplemented, novated or replaced and a reference to a person
(including a party) includes an individual, company, other body corporate, association, partnership, firm, joint venture, trust
or government agency.
(c) If there is more than one person named as the Customer, a reference to the "Customer" is a reference to all of the persons named
as the Customer together and each of them separately.
2. Joint and several liability (a) Each agreement, warranty, representation or obligation made, given or incurred by the Guarantor binds all of the persons
named as the Guarantor in this Deed together and each of them separately.
(b) No Guarantor is discharged from its obligations under this Deed if the obligations of any other Guarantor are or become
invalid or unenforceable or the liability of any other Guarantor under this Deed ceases for any reason.
(c) IM may enforce its rights under this Deed and proceed against any one or more of the persons named as the Guarantor in the
manner, order and at the times IM determines in its discretion.
(d) A reference to the "Guarantor" is a reference to all of the persons named as the Guarantor together and each of them separately.
(e) This Deed binds each of the persons who execute this Deed as a Guarantor even if any one or more of the other persons named
as a Guarantor does not execute this Deed or execution by one or more of those other persons is or becomes void, voidable,
illegal or unenforceable.
3. Guarantee (a) The Guarantor unconditionally and irrevocably guarantees to IM the payment and satisfaction by the Customer of the
Guaranteed Obligations.
(b) If the Customer does not duly pay and satisfy any of the Guaranteed Obligations when due, the Guarantor must pay or satisfy
the Guaranteed Obligations immediately on demand. IM may make such a demand from time to time and whether or not
demand has been made on the Customer.
(c) This Deed continues in full force and effect until the whole of the Guaranteed Obligations have been irrevocably performed,
satisfied and paid in full and despite any intermediate discharge or payment of or on account or settlement between IM and
the Customer or any other person.
4. Indemnity If the whole or any part of the Guaranteed Obligations are not fully enforceable against or not fully recoverable by IM from the
Customer as debtor or from any Guarantor as surety or are not performed by the Customer or paid to IM for any reason, as a
separate and independent principal obligation:
(a) the Guarantor unconditionally and irrevocably indemnifies IM on demand from and against all actions, suits, claims,
demands, obligations, liabilities, losses, damages, costs and expenses suffered or incurred or payable by or threatened against
IM; and
(b) the Guaranteed Obligations are recoverable from or enforceable against the Guarantor as though they had been incurred and
owing by the Guarantor and the Guarantor was the sole and principal debtor in respect of the Guaranteed Obligations and the
Guaranteed Obligations must be paid or performed by the Guarantors on demand by IM by IM to or at the direction of IM.
The indemnity in this clause remains in effect even if the guarantee under clause 3 is not or ceases to be valid or enforceable against the
Guarantor for any reason.
5. Obligations of Guarantor unaffected The Guarantor's obligations under this Deed are absolute and unconditional and not reduced, released, discharged or otherwise affected by:
(a) the bankruptcy, insolvency, administration, winding up, receivership, reconstruction, reorganisation or amalgamation of the
Customer, any Guarantor or any other person;
(b) the granting of any time, indulgence or other concession to the Customer or any other person;
(c) any release, failure or agreement not to sue, discharge, relinquishment, waiver, replacement, amendment, variation,
increase, decrease, compounding or compromising of the obligations of the Customer, any Guarantor or any other person in
respect of the Guaranteed Obligations;
(d) any of the obligations of the Customer, any Guarantor or any other person in relation to the Guaranteed Obligations
being or becoming illegal, void, voidable or unenforceable;
(e) any part of the Guaranteed Obligations being or becoming irrecoverable or never having been
recoverable;
(f) the lunacy, incapacity or death of the Customer or any Guarantor;
(g) if the Customer or any Guarantor is a member of a partnership, firm or other association, any change in the membership of
that partnership, firm or association or that partnership, firm or association ceasing to carry on business; or
(h) any other fact, matter, circumstance or thing that IM, the Customer, the Guarantor or any other person may do or omit to do
and which would or might otherwise affect those obligations.
6. Recourse to Guarantor IM will not be required to proceed, or exhaust any remedies it may have, against the Customer or any other person nor will IM need to
first notify, or make a demand against, the Customer or any other person or marshall, enforce, realize or resort to any other security or
property, before IM will be entitled to demand and receive payment and satisfaction of the Guaranteed Obligations from the Guarantor
when due under this Deed or otherwise enforce this Deed.
7. Waiver of rights by Guarantor The Guarantor waives in favour of IM all rights (whether arising at law or otherwise) against IM, the Customer and any other person so
far as is necessary to give effect to this Deed.
8. Prohibited claims The Guarantor must not, until all of the Guaranteed Obligations have been finally and fully satisfied, make any claim for any amount
paid under this Deed or enforce any right against the Customer or any other person liable for the Guaranteed Obligations or their
property, raise a defence available to the Guarantor, the Customer or any other person against IM, or exercise any right of set-off or
make a counterclaim (whether arising in favour of itself or of the Customer) against IM, in reduction of the Guarantor's liability
under this Deed, claim (by way of subrogation, indemnity or otherwise) the benefit of any security or guarantee held now or in the
future by IM or take, receive or permit to exist any security interest in any property of the Customer or any other person liable for the
Guaranteed Obligations to secure any payment or liability owed by that person to the Guarantor.
9. Competing claims and proof by IM (a) Except as permitted by paragraph (b), in a winding up or bankruptcy of the Customer or any other person liable for the
Guaranteed Obligations, the Guarantor may not prove or make a claim against the Customer or that other person or their
assets in competition with IM until all of the Guaranteed Obligations have been finally and fully satisfied and IM's receipt of
any payment or other dividend out of their assets will not affect IM's right to recover from the Guarantor payment and
satisfaction in full of all of the Guaranteed Obligations.
(b) In a winding up or bankruptcy of the Customer or any other person liable for the Guaranteed Obligations, the Guarantor
irrevocably and unconditionally authorises IM to exercise the right of proof of the Guarantor for any money for which the
Customer or that other person is liable to the Guarantor, including any money which the Guarantor has paid or may be required
to pay under this Deed or any transaction relating to the Guaranteed Obligations. The Guarantor may not exercise a right of
proof referred to in this clause independently of IM. IM is not required to account to the Guarantor for any dividend or
distribution or payment received on the exercise of a right of proof under this clause until all of the Guaranteed Obligations
and all of the other money payable under this Deed have been irrevocably paid or discharged.
10. Reinstatement of IM's rights If any claim is made that any moneys received by IM in payment or satisfaction of the Guaranteed Obligations must be repaid or
refunded, or that any transaction affecting or relating to the Guaranteed Obligations is void or voidable, under any law and the claim is
upheld, compromised or admitted, IM will be entitled to the same rights, powers and remedies against the Guarantor as it would have
had if the relevant moneys had never been applied in payment or satisfaction of the Guaranteed Obligations or if that transaction had not
taken place. This clause will survive the release or termination of this Deed unless IM expressly agrees otherwise in writing.
11. Miscellaneous (a) A statement or certificate issued by or on behalf of IM stating an amount due, owing or payable or a rate or any other matter
under this Deed is, in the absence of manifest error, conclusive and binding on the Guarantor.
(b) The Guarantor must pay (including any fines and penalties for late payment) all stamp and other duties and taxes and all
registration and other like fees which may be payable in respect of this Deed. The Guarantor indemnifies IM on demand
against all claims and liabilities in respect of any such amount. The Guarantor must reimburse IM for all costs, expenses and
taxes (including legal fees and other out- of-pocket expenses) incurred by IM in the preparation, negotiation, execution and
enforcement of this Deed or the preservation of its rights, powers and remedies under this Deed.
(c) The Guarantor must pay to IM on demand, in full and without deduction, any goods and services tax ("GST") which is
payable as a consequence of any supply made or deemed to be made or other matter done under or in connection with this
Deed by IM, together with any fine, penalty or interest payable because of a default of the Guarantor and this amount must
be sufficient to ensure that the economic benefit to IM remains the same whether GST applies or not.
(d) The Guarantor must not assign or otherwise transfer, create any charge, trust or other interest in or otherwise deal with
this Agreement or a right, remedy, power, duty or obligation under this Agreement without IM's prior written consent. IM may
assign or otherwise transfer, create any charge, trust or other interest in or otherwise deal with this Agreement or a right,
remedy, power, duty or obligation under this Deed as it thinks fit and without the consent of the Guarantor or any other
person. This Deed may only be amended by written instrument signed by an authorised officer of each of IM and the
Guarantor.
(e) IM is not liable for any loss or damage suffered by the Guarantor as a result of a release or any other dealings in connection
with this Deed (including a right of subrogation being lost or adversely affected), IM failing or neglecting to recover any
Guaranteed Obligations, or IM's negligence, delay, laches or mistake.
(f) IM is not at any time under a duty to disclose to the Guarantor or any other person any information concerning the Customer
or any other person or their respective affairs or transactions with IM.
(g) The indemnities in this Deed are continuing obligations of the Guarantor, separate and independent from the other obligations
of the Guarantor and survive the release or termination of this Deed unless IM expressly agrees otherwise in writing. It is not
necessary for IM to incur expense or make payment before enforcing a right of indemnity under this Deed.
(h) All payments by the Guarantor under this Deed must be made in immediately available funds and, if in respect of a Guaranteed
Obligation, in the currency in which that Guaranteed Obligation is denominated, or otherwise in Australian dollars (unless
otherwise agreed by IM).
(i) All money payable by the Guarantor under this Deed must be paid unconditionally and in full without set-off or counterclaim
of any kind or deduction or withholding for tax or any other reason, unless the deduction or withholding is required by
applicable law. If the Guarantor or any other person is required by law to make a deduction or withholding for tax from a
payment to IM under this Deed or IM is required to make a payment for tax on any payment received or receivable by it under
this Deed, the Guarantor indemnifies IM against any claim or liability in respect of the tax; and must immediately pay an
additional amount to IM so that, after all applicable deductions, withholdings or payments for tax, IM actually receives for its
own benefit a net amount equal to the amount which it would have received if no deductions, withholdings or payments had
been required. If the Guarantor is required by law to make a deduction or withholding for tax from a payment to IM under this
Deed, the Guarantor must pay the full amount of the deduction or withholding to the appropriate government agency in
accordance with applicable law and deliver the original receipts to IM.
(j) IM may retain and credit to a non-interest-bearing suspense account any money paid by the Guarantor under this Deed, any
distribution, dividend or payment received in respect of the Guaranteed Obligations or any of the Guarantor's obligations under
this Deed after any insolvency, bankruptcy, administration or similar proceedings occur in respect of any person, and any
money paid by any other person in respect of the Guaranteed Obligations.
(k) IM may, without notice to any person, set off and apply any money owing by it to the Guarantor towards payment of the
amounts payable by the Guarantor under this Deed and for this purpose may apply such currency conversion as IM considers
appropriate.
(l) To the extent permitted by law, a provision of law is excluded if it does or may, directly or indirectly, lessen or vary in any
other way the Guarantor's obligations under this Deed, or delay, curtail, prevent or adversely affect in any other way the
exercise by IM of its rights, remedies or powers under this Deed.
(m) The rights, remedies and powers of IM under this Deed are cumulative and do not exclude any other rights, remedies or
powers.
(n) The Guarantor must, at its own expense, promptly upon IM's request do or cause to be done, and the Guarantor irrevocably
appoints IM and its authorised officers severally as its attorney to do, anything which IM considers necessary or desirable to
give full effect to this Deed or enable IM to exercise its rights, remedies and powers under this Deed.
(o) If a provision of this Deed is invalid or unenforceable in a jurisdiction, it is to be read down or severed in that jurisdiction to
the extent of the invalidity or unenforceability, and that fact does not affect the validity or enforceability of that provision in
another jurisdiction or the remaining provisions.
(p) Each Guarantor acknowledges to IM that the Guarantor has received a copy of the Terms and Conditions to the
Commercial Account Application by the Customer to IM before executing this Deed and has read and understood it. The
Guarantor acknowledges that it has not executed this Deed as a result of or in reliance on any representation, statement or
information made or given to the Guarantor by or on behalf of IM. The Guarantor warrants that this Deed constitutes its legal,
valid and binding obligations enforceable against it in accordance with terms, and if it is a body corporate that the entry into
and performance by it of its obligations under this Deed is for its commercial benefit and is in its best interests and for a proper
purpose of its business.
(q) This Deed is governed by the laws of New South Wales and each party irrevocably and unconditionally submits to the non-
exclusive jurisdiction of the courts of that State.
Executed as a deed poll.
If Guarantor is ANOTHER Company “Cross Company Guarantee Section” )
Signed sealed and delivered by ) (Print name of Guarantor including its ABN or ACN) )
by a director and director/secretary / by a sole director ) Signature of director/sole director Signature of director/secretary Name of director/sole director (please print) Name of director/secretary (please print)
If Guarantor is an Individual “Directors Individual Section”
Signed sealed and delivered by
Signature of Guarantor (Print name of Guarantor) Signature of witness (Print name of Witness)
Date: Signature of Guarantor (Print name of Guarantor) Signature of witness (Print name of Witness)
Date:
Signature of Guarantor (Print name of Guarantor) Signature of witness (Print name of Witness)
Date:
Privacy
Products means all goods and services (including software) supplied to the Customer (or which may be supplied to the Customer) by IM. Terms means the Customers Terms of Sale attached to the above Application.
1. I (being a Guarantor signing below) agree to IM collecting, using and disclosing certain personal information about me for various purposes, including to: (a) assess credit worthiness; (b) supply the Products to Customer and the management of Customer's account, including suppliers; (c) communicate with the Customer about the Products which IM or its partners or affiliates may provide to the
Customer; (d) implement the Terms and the Credit Terms; and
comply with relevant laws. 2. IM, at my written request, will:
(a) provide me with access to any personal information relating to me held by IM; and (b) correct or amend any personal information relating to me held by IM which is inaccurate or out of date.
Credit assessment consent 1. I (being a Guarantor signing below) acknowledge that IM has been requested to provide commercial credit to the
Customer named in the Application. 2. I acknowledge that in accordance with the Privacy Act 1988 (Cth) (Privacy Act), certain items of personal information
about me and permitted to be kept on a credit information file may be disclosed by IM to a credit reporting agency. IM may give information about me, before, during or after the provision of credit to the Customer, to a credit reporting agency for the following purposes: (a) to obtain a credit report about me; and/or (b) to allow the credit reporting agency to create or maintain a credit information file containing information
about me. This information is limited to:
identity particulars about me – name, gender, address date of birth and name of employer; the fact that I have offered to act as guarantor in respect of an application for a credit facility provided by IM
to the Customer;
payments by me as guarantor(s) which are overdue by more than 60 days, and for which debt collection action has commenced;
advice that the payments are no longer overdue in respect of any default that has been listed; any information that, in the opinion of IM, I have committed a serious credit infringement (that is acted
fraudulently or shown an intention not to comply with my/our credit obligations); and any cheques drawn by me for $100 or more which have been dishonoured more than once.
3. I agree that IM may obtain from a credit reporting agency a credit report containing information about me for the purposes of: assessing the Customer's application for commercial credit; assessing whether to accept me as a guarantor for credit applied for by, or provided to, the Customer; and collecting overdue payments relating to commercial credit owed to IM.
4. I agree that IM's trade insurer may obtain from a credit reporting agency a credit report containing information about me for the purpose of assessing whether to provide trade insurance to IM in respect of commercial credit provided by IM to the Customer.
5. I agree that IM may exchange information about me with those credit providers named in a credit report issued by a credit reporting agency or that conduct a business, and offer credit, in a manner similar to IM for the following purposes: to assess an application by the Customer for credit; to notify other credit providers of a default by me; to exchange information with other creditor providers as to the status of this credit facility where I am/we are
in default with other credit providers; and to assess my/our creditworthiness. I understand that the information exchanged can include anything about my creditworthiness, credit standing, credit history or credit capacity that credit providers are allowed to exchange under the Privacy Act. I understand that IM may in accordance with relevant law obtain a banker's opinion about my creditworthiness.
6. I agree that this consent remains current whilst any monies are outstanding to IM and continues until the credit covered by the Customer's application ceases.
If Guarantor is an Individual “Privacy Act Section” Signed by each Guarantor
Signature of Guarantor 1 (Print name of Guarantor)
Signature of Witness (Print name of Witness)
Date: Signature of Guarantor 2 (Print name of Guarantor)
Signature of Witness (Print name of Witness)
Date: Signature of Guarantor 3 (Print name of Guarantor)
Signature of Witness (Print name of Witness)
Date:
STATEMENT OF PERSONAL ASSETS & LIABILITIES
FULL NAME OF GUARANTOR
FULL NAME OF BUSINESS
PLEASE ADVISE PARTICULARS IF YOU HAVE ALREADY
PROVIDED A PERSONAL GUARANTEE TO ANOTHER
COMPANY OR PERSON
TO WHOM $
$
ASSETS: HOUSE CONTENTS $
MOTOR VEHICLE $
REAL ESTATE/HOME ETC $
(PROOF OF EQUITY WILL BE REQUIRED SUCH AS
AS COPY OF PROPERTY TITLE, OR A LETTER FROM THE BANKING ORGANISATION CONFIRMING NET EQUITY IN PROPERTY)
INVESTMENTS/CASH IN BANK $
OTHER $
$
TOTAL ASSETS: $
LIABILITIES: REAL ESTATE/HOME MORTGAGE $
MOTOR VEHICLE LOAN/FINANCE $
BANK LOANS/OVERDRAFT/CREDIT CARDS $
OTHER $
$
TOTAL LIABILITIES: $
TOTAL ASSETS: $
LESS TOTAL LIABILITIES: $
NET EQUITY: $
I DECLARE THAT THE INFORMATION CONTAINED HEREIN IS TRUE AND ACCURATE SIGNATURE OF GUARANTOR: DATE:
