Personal Property Securities Act 2009 (Cth. The Customer waives any right to receive a copy of the verification statement, pursuant to s 157 of the Personal Property Securities Act 2009 (Cth).
Personal Property Securities Act 2009 (Cth. (a) A term used in this clause 3.5 has the same meaning as in the PPSA.
(b) For so long as any of the monies owing by the Client to ZIRILIO under this Agreement remain unpaid, or for so long as the Hardware Products are consigned, rented or leased, the Client acknowledges that by virtue of clause 3.4(b) and/or clause 3.4(c) of this Agreement, ZIRILIO has a Security Interest in the Hardware Products and their Proceeds under the PPSA, which gives rise to remedies of repossession of the Hardware Products in accordance with the PPSA or otherwise where ZIRILIO seeks to enforce their Security Interest and this Agreement constitute a Security Agreement that covers the Hardware Products for the purposes of the PPSA.
(c) The Client agrees to keep the Hardware Products separate from other goods and maintain the labelling and packaging of ZIRILIO so that the Hardware Products are readily identifiable as the property of ZIRILIO.
(d) The Client will, at ZIRILIO's request, do anything (including obtaining consents, giving notices or directions to any person, making amendments to this Agreement or a Security Agreement or executing a new document) for the purpose of:
(i) ensuring that any Security Interest granted by the Client to ZIRILIO attaches to the collateral that is intended to be covered by that Security Interest, is enforceable, perfected and otherwise effective, and has the priority required by ZIRILIO;
(ii) enabling ZIRILIO to prepare and register a financing statement or financing change statement; or
(iii) enabling ZIRILIO to exercise any of its rights or powers in connection with any such Security Interest.
(e) The Client will promptly provide any information requested by ZIRILIO in connection with any Security Interest granted by the Client to ZIRILIO to enable ZIRILIO to exercise any of its rights or powers or perform any of its obligations under the PPSA.
(f) The Client waives its right to receive any notices (including notice of a verification statement) required to be given under the PPSA unless that requirement cannot be excluded.
(g) Except if section 275(7) of the PPSA applies, each of ZIRILIO and the Client agree not to disclose any information of the kind referred to in section 275(1) of the PPSA that is not publicly available.
(h) Despite anything contained in this Agreement, ZIRILIO is not required to disclose any information of the kind referred to in section 275(1) of the PPSA.
(i) Anything that the Client is required by ZIRILIO to do under thi...
Personal Property Securities Act 2009 (Cth. 13.1 The Buyer acknowledges and agrees that any Security interest created by this Agreement, or any transaction contemplated by it, extends to, and acts as a Security Interest in respect of, any proceeds (including any account) derived from, or from a dealing with, the Goods and accession to the Goods.
13.2 The Buyer agrees to do anything which the Company may require from time to time to:
13.2.1 Enable the Buyer to register and file valid and effective financing statements or financing change statements with respect to any Security Interest over PPS Property created by these terms and conditions or any transaction contemplated by them; and
13.2.2 Ensure that any Security Interest which is purported to be reserved or created by these terms and conditions, or any transaction contemplated by them, is:
I. A first ranking perfected Security Interest over all PS Property;
II. Perfected by control to the extent possible under the PPSA; and
III. If applicable, recorded as a purchase money security interest on the PPSA (PMSI).
13.3 The Buyer agrees:
13.3.1 Not to, without first providing at least fourteen (14) days written notice to the Company, change its name, ACN, ABN, address, email address, facsimile number or any other details hat have been, or are required to be, recorded on the PPSR in connection with any Security Interest created by these terms and conditions or any transaction contemplated by them;
13.3.2 To pay all costs in connection with the registration, discharge or amendment of any financing statement or financing charge statement; and
13.3.3 Not to, without the prior written consent of the Company, lodge or serve a financing change statement or an amendment demand in relation to any Security Interest created by these terms and ocnditions or any transaction contemplated by them.
13.4 The Buyer acknowledges that the Goods are not intended, and shall not be used for personal, household or domestic purposes.
13.5 The Buyer irrevocably waives the right to receive from the Company any verification statement or notice in relation to a registration event in accordance with section 157(3)(b) of the PPSA.
13.6 The Buyer and the Company agree that, to the extent that section 115(1) of the PPSA allows them to be excluded, sections 95, 118, 121(4), 125, 130, 132(3)(d), 132(4), 135, 138B(4), 142 and 143 are excluded from application to this Agreement.
13.7 To the extent that section 115(7) of the PPSA allows them to be excluded, sections 127, 129(2), 129(3), 13...
Personal Property Securities Act 2009 (Cth. 10.1. The Agreement constitutes a Security Agreement for the purposes of the PPSA and a Purchase Money Security Interest is taken by CSE Crosscom in the Equipment, including, but not limited to, all other present and after-acquired property.
10.2. The Customer undertakes to:
10.2.1. sign any further documents and/or provide further information, such information to be complete, accurate and up to date in all respects which CSE Crosscom may reasonably require to register a Financing Statement or Financing Change Statement on the PPSR;
10.2.2. indemnify, and upon demand, reimburse CSE Crosscom for all expenses incurred in registering a Financing Statement or Financing Change Statement on the PPSR; and
10.2.3. give CSE Crosscom not less than 14 days’ prior written notice of any proposed change in the Customer’s details, including but not limited to, changes in address, facsimile number, or business practice.
10.3. Unless otherwise agreed to in writing by CSE Crosscom, the Customer waives its right to receive a Verification Statement in accordance with section 157(3) of the PPSA.
10.4. Pursuant to section 275(6) of the PPSA, the Customer agrees it will not disclose to an interested person information pertaining to CSE Crosscom’s Purchase Money Security Interest without prior approval of CSE Crosscom.
10.5. Pursuant to section 115 of the PPSA, the Customer agrees, to the extent permitted by law, that it shall have no rights under Chapter 4 (Enforcement of security interests) to receive:
10.5.1. a notice of removal of Accession;
10.5.2. a notice of enforcing Security Interests in accordance with land law decisions;
10.5.3. a notice of disposal of Collateral;
10.5.4. a statement of account where there is no disposal of Collateral; and
10.5.5. a notice of retention of Collateral.
Personal Property Securities Act 2009 (Cth. (a) The Supplier acknowledges and agrees that:
(i) if and to the extent that the Main Contractor or HLL at any time form a belief on reasonable grounds that the Main Contractor is, or will become, a secured party arising out of or in connection with this Subcontract or any transaction contemplated by this Subcontract, the Main Contractor or HLL may at the Supplier's expense take all steps that the Main Contractor or HLL considers advisable to:
(A) perfect, protect, record, register, amend or remove the registration of the Main Contractor’s Security Interest in any relevant personal property that is the subject of this Security Interest (relevant personal property); and
(B) better secure the Main Contractor’s position in respect of the relevant personal property under the PPSA;
(ii) it will do all things reasonably necessary to assist the Main Contractor or HLL to take the steps described in clause 23.1(a)(i);
(iii) it irrevocably and unconditionally waives its right to receive any verification statement in respect of any financing statement or financing change statement relating to any Security Interests of the Main Contractor in the relevant personal property;
(iv) if, and only if, the Main Contractor is or becomes a secured party in relation to relevant personal property, and to the extent only that Chapter 4 of the PPSA would otherwise apply to an enforcement of a Security Interest in relevant personal property, the Supplier, HLL and the Main Contractor agree that, pursuant to section 115 of the PPSA, the following provisions of the PPSA do not apply in relation to those Security Interests to the extent, if any, mentioned in section 115, section 117, section 118, section 120, subsection 121(4), section 125, section 129, section 130, subsection 132(3)(d), subsection 132(4), section 142, and section 143;
(v) subject to section 275(7) of the PPSA, it will not disclose the contents of this Subcontract, the amount or performance obligation secured by the Main Contractor’s Security Interest in relevant personal property and the other information mentioned in section 275(1) of the PPSA pursuant to section 275(4) of the PPSA;
(vi) it must immediately notify the HLL or the Main Contractor if the Supplier becomes aware of any person other than the Main Contractor taking steps to register, or registering, a financing statement in relation to relevant personal property; and
(vii) it must arrange for the removal or cessation of any registration of any Security Inter...
Personal Property Securities Act 2009 (Cth. (“PPSA”)
(i) Terms used in the PPSA have the same meaning in clause 4 and in this clause and “section” refers to a provision of the PPSA.
(ii) This clause applies to the Company’s security interests in goods it supplies to the Customer and in proceeds derived therefrom.
(iii) The Customer waives it right under section 157(1) to notice of verification of any registration applied for by the Company.
(iv) The Company can apply amounts received from the Customer towards amounts owing by the Customer in any order it chooses.
(v) The Company may enforce its security interests by exercising all or any of its rights under the PPSA, these Terms and Conditions of Sale or general law.
(vi) To the maximum extent permitted under the PPSA the parties contract out of the following sections – 95, 118, 121(4), 125, 129(2), 129(3), 130, 132(3)(d), 132(4), 135, 142, 143 and the second sentence of section 126(2).
(vii) The Customer must at its own expense do anything the Company requires of it to ensure the Company’s security interest is perfected and has priority, to obtain and maintain registration of the Company’s security interests or to enforce those interests.
(viii) The Customer is liable for all fees and other expenses incurred by the Company in registering a security interest in goods supplied to the Customer or in the proceeds derived therefrom, and all costs of maintaining or changing a registration.
Personal Property Securities Act 2009 (Cth applies.
Personal Property Securities Act 2009 (Cth. “PPSA”)
(a) In this clause, the terms proceeds, Security Interest and PPS Lease have the meanings given to those expressions in the PPSA.
(b) To the extent this Agreement gives rise to a Security Interest (including a PPS Lease), Komatsu may register a Security Interest in favour of Komatsu with respect to the Equipment and any proceeds.
(c) The Customer undertakes to:
(i) promptly do all things, execute all documents and/or provide any information which Komatsu may reasonably require to enable Komatsu to gain, attach, enforce, register, protect and maintain the perfection of a first priority Security Interest;
(ii) give Komatsu not less than 14 days’ prior written notice of any proposed change in its name and/or any other change to its details; and
(iii) immediately on request by Komatsu (and at the Customer’s expense) obtain from any third party such agreements and waivers of any Security Interest that any third party has in the Equipment, to ensure that Komatsu is provided with or retains a first priority security interest in the Equipment.
(d) If the Customer defaults on any monies due under this Agreement, Komatsu has the right to seize the Equipment after giving written notice of such intention to the Customer. Equipment seized under this clause may be disposed of, retained by, or otherwise dealt with by Komatsu, in any way Komatsu sees fit.
(e) The Customer must give Komatsu notice if another party with a Security Interest in the Equipment seizes or otherwise deals with the Equipment in a way that might impact Komatsu’s Security Interest.
(f) The Customer waives its rights to receive a copy of any verification statements under Section 157 of the PPSA and, to the maximum extent permitted by law, the following provisions of the PPSA do not apply to the enforcement by Komatsu of its security interest in the Equipment: sections 95, 118, 121(4), 125, 130, 132(3)(d), 132(4), 135, 142 and 143.
(g) The Customer must not disclose information of the kind referred to in Section 275(1) of the PPSA, unless required to do so by Sections 275(7)(b) to 275(7)(e) of the PPSA. The Customer must not, without Komatsu's consent, authorise the disclosure of information pursuant to Section 275(7)(c) of the PPSA nor request Komatsu to give information pursuant to Section 275(7)(d) of the PPSA.
Personal Property Securities Act 2009 (Cth. “PPSA”)
9.1 In this clause, financing statement, financing change statement, inventory, purchase money security interest, security agreement, and security interest have the meaning given to it by the PPSA.
9.2 Upon assenting to these terms and conditions in writing the Hirer acknowledges and agrees that these terms and conditions constitute a security agreement for the purposes of the PPSA and creates and grants a security interest in all Goods and/or collateral (account) – being a monetary obligation of the Hirer to the Owner for Services – that have previously been supplied and that will be supplied in the future by the Owner to the Hirer.
9.3 The Hirer acknowledges the security is granted to secure the obligation to pay all amounts payable and to meet all obligations under this agreement (Indebtedness). The Hirer warrants that this Agreement does not relate to personal, domestic, or household purposes.
9.4 Where the Goods and/or proceeds are not readily identifiable and/or traceable or their recoverable value is insufficient to pay the Indebtedness, the security interest shall also extend to all the Goods present and after acquired by the Customer, of which the Goods form part, to the extent required to secure the Indebtedness.
9.5 The Hirer undertakes to do anything (such as obtaining consents and signing documents) which the Owner requires for the purposes of ensuring that any Security Interest of an Owner is enforceable, perfected, and otherwise effective as a first priority security interest under PPSA.
9.6 The Hirer waives any right to receive notice in relation to any registration or amendment to a registration on the PPSR. At its own expense, the Hirer will provide all reasonable assistance and relevant information to enable us to register on the PPSR and generally to obtain, maintain, register, and enforce the security interests created by this agreement.
9.7 Any payments received by the Owner from the Hirer shall be deemed to be made and applied by us in the following order (unless otherwise determined by the Owner): (1) to any obligation owed by the Hirer which is unsecured, in the order in which the obligations were incurred; (2) to any obligations that are secured, but not by a purchase money security interest (PMSI), in the order in which those obligations were incurred (3) to obligations that are secured by a PMSI, in the order in which those obligations were incurred.
