To: Airefrig Australia Pty Ltd A.C.N. 008 761 573 A.B.N. 95 008 761 573 (and/or any related and/or associated companies, trusts and/or other entities and/or any successors and/or assigns) whether trading as “Airefrig Australia” and/or otherwise [“Airefrig”]:
The customer as set out in item 1. together with all related and/or associated companies and/or other entities, all successors and/or assigns and in its own capacity and as trustee of each and every trust of which the customer is Trustee (unless specifically excluded in writing) [jointly “the Customer”] HEREBY APPLIES for a credit account with Airefrig and HEREBY AGREES in all dealings with Airefrig to be bound by Airefrig’s GENERAL TERMS AND CONDITIONS OF TRADE (available at www.airefrig.com.au) and all terms of this Application set out below (which terms prevail to the extent of any inconsistency) [the “Offer Terms”].
A binding "security agreement" (for the purposes of the Personal Property Securities Act 2009 (Cth) ["PPSA"]) which incorporates the Offer Terms [the "Security Agreement"] shall be deemed to have been formed between Airefrig and the Customer on and from the earliest of the following events: (i) written communication of acceptance of this Application by or on behalf of Airefrig; (ii) registration of the Security Agreement on the Personal Property Securities Register ["PPSR"]; or (iii) provision of credit to the Customer by Airefrig. The Customer ALSO AGREES that the Security Agreement creates for Airefrig a security interest in respect of all goods, services and/or any other property of any kind supplied by Airefrig to the Customer whether present or after acquired for the purposes of the PPSA [the "Security Interest"], that PPSA Sections 125, 130, 132(3)(d), 132(4), 135 & 157 shall not apply to the Security Interest and that this Application may be produced by Airefrig at any time and from time to time as evidence of the Customer’s unconditional and irrecoverable consent to the creation of the Security Interest and registration of the Security Interest on the PPSR. The Customer AGREES that notwithstanding items 3. & 4. above Airefrig shall be entitled to vary its terms for the provision of credit and/or withdraw the provision of credit altogether in the exercise of Airefrig’s unfettered and absolute discretion at any time and from time to time.
The Customer hereby WARRANTS and DECLARES that he/she/it is solvent and has the present and future ability to pay all debts as and when all debts fall due.
The Customer hereby WARRANTS and DECLARES that all goods and/or services supplied by Airefrig shall be used by the Customer predominately for commercial and/or business purposes (and not for any personal, domestic and/or household purpose).
The Customer ALSO AGREES that while this Application relates to all dealings with Airefrig any and all obligations of Airefrig shall in each instance be limited to the legal entity which invoices the Customer.
The Customer in its own right and on behalf of any interested person(s) HEREBY CONSENTS to Airefrig (subject to its obligations under the Privacy Act 1988 (Cth)) at any time collecting, using and/or disclosing commercial and/or consumer information about the Customer and/or any interested person(s): (i) which relates to but is not limited to identity, credit history and/or solvency; (ii) for the purpose(s) of assessing creditworthiness, risk and/or solvency and/or enforcing any of Airefrig’s rights; and/or (iii) by arrangement with any authorised agent(s), credit provider(s) and/or reporting service(s) and the like (including any banker(s), the ASIC, ITSA etc.). Airefrig may refuse to grant credit if any information to which it is entitled is inaccurate or not provided and otherwise agrees to allow the Customer access to all such information. This Application may be produced as conclusive evidence of such consent.
Please note that upon submission of this application you will be emailed a Guarantee, Indemnity and Charge agreement that must be completed and returned before your application can be processed.
To the fullest extent legally permissible all dealings between the customer (including all related and/or associated companies and/or other entities, all successors and/or assigns and in its own capacity and as trustee of each and every trust of which it is trustee) [jointly “the Customer”] and Airefrig Australia Pty Ltd ACN 008 761 573 (and/or any related and/or associated companies, trusts and/or other entities and/or any successors and/or assigns) whether trading as “Airefrig Australia” and/or otherwise [“Airefrig”] relating to any goods and/or services [the “goods” and/or the “services”] are subject to the following terms and conditions [“these Terms”] unless otherwise expressly agreed in writing:
*IMPORTANT NOTICE: Prior to agreeing you should first read and understand all terms as set out in this Application (in particular the General Terms and Conditions of Trade for the time being used by Airefrig). If necessary seek independent legal advice.
The person signing below other than as the Customer signs for and on behalf of the Customer as agent [“theAgent”]. The Agent HEREBY REPRESENTS AND WARRANTS that: (i) the Customer has authorised the signing of this Application; (ii) all information provided to Airefrig in this Application is true and correct; and (iii) the Customer shall provide any interested person(s) with a copy of this Application. The Customer HEREBY ACKNOWLEDGES that Airefrig will rely on and be induced by each representation of the Customer in deciding whether or not to grant credit to and/or to deal with the Customer (any and all such dealings being at all times subject to the GENERAL TERMS AND CONDITIONS OF TRADE (available at www.airefrig.com.au) for the time being used by Airefrig and as amended from time to time)
Airefrig Australia Pty Ltd A.C.N. 008 761 573 A.B.N. 95 008 761 573 (and/or any related and/or associated companies, trusts and/or other entitles and/or any successors and/or assigns) whether trading as "Airefrig Australia" and/or otherwise ["Airefrig"]: