PERSONAL PROPERTY SECURITIES. 22.1 Security Interests in Plant and Equipment If possession or control of any item of Supplier Plant and Equipment passes to the Client as a consequence of performance of this Agreement, then the Client acknowledges and agrees that: (a) this Agreement constitutes a “Security Agreement” for the purposes of the PPSA; (b) under this Agreement, Supplier has a Security Interest in the Supplier Plant and Equipment and any other Confidential Information which is the Personal Property of Supplier that Supplier provides to the Client under this Agreement and any proceeds of such Plant and Equipment, Personal Property; (c) these Security Interests are “purchase money security interests” under the PPSA; (d) the Client agrees to do anything reasonably required by Supplier to enable Supplier to register these Security Interests with the priority Supplier requires, and to maintain these registrations; and (e) Supplier’s Security Interests in the relevant Personal Property attach when the Client obtains possession of that Personal Property and the Parties confirm that they have not agreed that any Security Interest in the Personal Property attaches at any later time. 22.2 Registration and enforcement of Security Interests Supplier may, at the Client’s cost, take any steps as Supplier may require to: (a) prepare, lodge or register any Financing Statement or Financing Change Statement (each as defined in the PPSA) in relation to any Security Interests that are granted to Supplier under this Agreement; (b) maintain those registrations; and (c) enforce any Security Interests granted to Supplier under this Agreement. 22.3 Notices and disclosure under the PPSA (a) Each Party agrees that neither of them will disclose to an “interested person” (as defined in section 275(9) of the PPSA) or any other person any information of the kind described in section 275(1) of the PPSA. (b) The Client agrees that Supplier does not need to give the Client any notice under the PPSA (including a notice of a verification statement) unless the notice is required by the PPSA and that requirement cannot be excluded.
Appears in 3 contracts
Samples: Terms and Conditions of Supply, Terms and Conditions of Supply, Terms and Conditions of Supply
PERSONAL PROPERTY SECURITIES. 22.1 Security Interests (a) The Customer grants a security interest in Plant all of its present and Equipment after acquired property and in all of its present and future rights, title, estate and interest, whether legal and equitable, in relation to any personal property, including any debts owed to the Customer, in favour of AOES to secure the performance of its liabilities and obligations hereunder or on any account whatsoever.
(b) If possession or control requested by AOES the Customer must immediately sign any documents, provide all necessary information and do anything else required by AOES to ensure that the security interest created in XXXX' favour is a perfected security interest.
(c) The Customer must not grant any other security interest in favour of any item party until XXXX has perfected its security interest created under these Terms.
(d) The Customer must not do or permit anything to be done that may result in the security interest granted to AOES ranking in priority behind any other security interest.
(e) The Customer acknowledges that these Terms constitute a security agreement for purposes of Supplier Plant the PPSA and Equipment passes the Customer will do all things necessary to enable a security interest to be registered under the Client as a consequence PPSA, and will comply with all requirements of performance the PPSA.
(f) To the fullest extent permitted by the PPSA, the Customer agrees to contract out of this Agreement, then the Client acknowledges application of the provisions listed in sections 115(1) and agrees that115(7) and the sections listed therein shall not apply.
(g) The Customer hereby waives any rights the Customer may otherwise have to:
(ai) this Agreement constitutes a “Security Agreement” receive any notices or statements the Customer would otherwise be entitled to receive under sections of the PPSA including for the purposes avoidance of any doubt the sections referred to in sections 115(1) and 115(7) of the PPSA;
(bii) apply to a Court for an order concerning the removal of an accession under this Agreement, Supplier has a Security Interest in the Supplier Plant and Equipment and any other Confidential Information which is the Personal Property section 97 of Supplier that Supplier provides to the Client under this Agreement and any proceeds of such Plant and Equipment, Personal Property;
(c) these Security Interests are “purchase money security interests” under the PPSA;
(diii) object to a proposal of the Client agrees Customer to do anything reasonably required by Supplier to enable Supplier to register these Security Interests with purchase or retain any collateral under sections 130 and 135 of the priority Supplier requires, and to maintain these registrationsPPSA; and
(eiv) Supplier’s Security Interests receive a copy of a verification statement confirming registration of a financing statement, or a financing change statement, relating to any security interest created under this document. For the purpose of this clause and other relevant clauses in this agreement, the expressions "accession", "collateral", "financing statement", "financing change statement", "security agreement", "security interest", "perfected security interest" and "verification statement" have the meanings given to them under, or in the relevant Personal Property attach when the Client obtains possession of that Personal Property and the Parties confirm that they have not agreed that any Security Interest in the Personal Property attaches at any later time.
22.2 Registration and enforcement of Security Interests Supplier may, at the Client’s cost, take any steps as Supplier may require to:
(a) prepare, lodge or register any Financing Statement or Financing Change Statement (each as defined in the PPSA) in relation to any Security Interests that are granted to Supplier under this Agreement;
(b) maintain those registrations; and
(c) enforce any Security Interests granted to Supplier under this Agreement.
22.3 Notices and disclosure under the PPSA
(a) Each Party agrees that neither of them will disclose to an “interested person” (as defined in section 275(9) of the PPSA) or any other person any information of the kind described in section 275(1) context of the PPSA.
(b) The Client agrees that Supplier does not need to give the Client any notice under the PPSA (including a notice of a verification statement) unless the notice is required by the PPSA and that requirement cannot be excluded.
Appears in 1 contract
Samples: Hire Agreement
PERSONAL PROPERTY SECURITIES. 22.1 Security Interests in Plant and Equipment If possession or control of any item of Supplier Plant and Equipment passes to the Client as a consequence of performance of this Agreement, then the (a) The Client acknowledges and agrees thatthat notwithstanding any other provision of this Agreement:
(ai) the PPSA applies to any supply of Goods by SMT Drainage and Excavations to the Client;
(ii) by agreeing to and/or accepting or adopting this Agreement constitutes the Client grants to SMT Drainage and Excavations:
A. a “Security Agreement” purchase money security interest in the Goods (on the basis that the Goods are sold on retention of title terms); and
B. a security interest over all present and after-acquired property of the Client ("Client's Property" for the purposes of the PPSA;
(b) under this Agreementclause 20), Supplier has a Security Interest to secure SMT Drainage and Excavations’ interest in the Supplier Plant Goods and Equipment and any other Confidential Information which is the Personal Property of Supplier that Supplier provides to all moneys owing or payable by the Client under this Agreement and any proceeds other moneys payable by the Client to SMT Drainage and Excavations from time to time on any account whatsoever.
(iii) if a purchase money security interest is not able to be claimed by SMT Drainage and Excavations in respect of such Plant the Goods for any reason, SMT Drainage and Equipment, Personal PropertyExcavations will have a security interest in the Goods;
(civ) these Security Interests the Client agrees that SMT Drainage and Excavations’ security interest in Goods and the Client's property covered by this Agreement may be registered on the PPS Register and the Client agrees to do all things necessary and required by SMT Drainage and Excavations to effect registration of SMT Drainage and Excavations’ security interest on the PPS Register in order to give SMT Drainage and Excavations’ security interest the best priority possible and anything else SMT Drainage and Excavations requests the Client to do in connection with the PPSA without delay;
(v) the Client warrants that all information provided by the Client to SMT Drainage and Excavations, including but not limited to the Client's details, including the entity, name, ACN or ABN and address set out in the Quote is correct in all respects and must not change its name, address or other details set out in the Quote without providing SMT Drainage and Excavations with at least 20 business days prior written notice;
(vi) the Client unconditionally and irrevocably appoints SMT Drainage and Excavations as its attorney to do any of acts and matters set out in this clause 20 in the event that the Client fails, delays or declines to execute such documents or do such acts;
(vii) the Client agrees that it will not grant a security interest or other encumbrance in the Goods whether under the PPSA or any other law to a third party unless it has obtained the prior written consent of SMT Drainage and Excavations, which SMT Drainage and Excavations may refuse to provide or grant in its absolute and unfettered discretion. SMT Drainage and Excavations may request and the Client must provide any information that SMT Drainage and Excavations requires, acting reasonably, in order to fully consider whether to grant its consent;
(viii) SMT Drainage and Excavations’ security interest in the Goods, and the Client's Property extends to any proceeds in all present and after acquired property including, without limitation, book debts and accounts receivable arising from the selling or hiring of the Goods, and/or the Client's Property by the Client;
(ix) it has received value as at the date of first delivery of the Goods and has not agreed to postpone the time for attachment of the security interest (as defined in the PPSA) granted to SMT Drainage and Excavations under this Agreement;
(x) the Goods are “purchase money security interests” located in Australia at the date of the supply of the Goods and the Client warrants that the Goods will remain located in Australia for the duration of the Agreement;
(xi) neither SMT Drainage and Excavations nor the Client will disclose any information to any interested person unless required to do so under the PPSA;
(dxii) the Client agrees waives its right under the PPSA:
A. to do anything reasonably receive a copy of any verification statement, financing change statement, or any notice that SMT Drainage and Excavations intends to sell the Goods and/or the Client's Property or to retain the Goods and/or the Client's Property on enforcement of the security interest granted to SMT Drainage and Excavations under this Agreement or any other notice under the PPSA unless the notice is required to be given by Supplier the PPSA and cannot be contracted out of;
B. to enable Supplier object to a proposal by SMT Drainage and Excavations to dispose of or purchase or retain the Goods and/or the Client's Property in satisfaction of any obligation owed by the Client to SMT Drainage and Excavations;
C. to receive a statement of account following the sale of the Goods and/ or the Client's Property; or
D. to redeem the Goods and/or the Client's Property;
(xiii) will not give (or allow any person to give) to SMT Drainage and Excavations a written demand requiring SMT Drainage and Excavations to register these Security Interests with a financing change statement under the priority Supplier requires, and PPSA or enter into (or allow any other person to maintain these registrationsenter into) the PPS Register a financing change statement under the PPSA; and
(exiv) Supplier’s Security Interests in the relevant Personal Property attach when the Client obtains possession of that Personal Property and the Parties confirm that they have not agreed that a default under any Security Interest in the Personal Property attaches at any later time.
22.2 Registration and enforcement of Security Interests Supplier may, at the Client’s cost, take any steps as Supplier may require to:
(a) prepare, lodge or register any Financing Statement or Financing Change Statement (each as defined in the PPSA) in relation other security agreement under which it has granted a security interest to any Security Interests that are granted other party in respect of the Goods is deemed to Supplier under be a breach of this Agreement;.
(b) maintain those registrations; and
(c) enforce any Security Interests granted The parties agree that SMT Drainage and Excavations is not required to Supplier respond to a request made under this Agreement.
22.3 Notices Section 275 of the PPSA and disclosure under the PPSA
(a) Each Party agrees that neither of them party will disclose to an “interested person” (as defined in section 275(9) of the PPSA) or any other person any information of the kind described set out in section Section 275(1) of the PPSA.
(b) The Client agrees that Supplier does not need to give the Client any notice under the PPSA (including a notice of a verification statement) unless the notice is required by the PPSA and that requirement cannot be excluded.
Appears in 1 contract
Samples: Standard Terms and Conditions
PERSONAL PROPERTY SECURITIES. 22.1 Security Interests in Plant and Equipment If possession or control of any item of Supplier Plant and Equipment passes to the Client as a consequence of performance of this Agreement, then the Client 10.1. The Customer acknowledges and agrees thatthat notwithstanding any other provision of these Terms:
(a) this Agreement constitutes a “Security Agreement” for the purposes PPSA applies to any performance of Services of any kind and the PPSAsupply of Goods by the Supplier to the Customer;
(b) under this Agreement, Supplier has by agreeing to and/or accepting or adopting these Terms the Customer grants to the Supplier:
i) a Security Interest purchase money security interest in the Supplier Plant Goods; and
ii) a purchase money security interest in the Customer-owned Tooling ; to secure the Supplier’s interest in the Goods and Equipment Customer-owned Tooling and all moneys owing or payable by the Customer under these Terms and any other Confidential Information which is monies payable by the Personal Property of Supplier that Supplier provides Customer to the Client under this Agreement and Supplier from time to time on any proceeds of such Plant and Equipment, Personal Property;account whatsoever.
(c) these Security Interests are “if a purchase money security interests” interest is not able to be claimed by the Supplier in respect of the Customer- owned Tooling or in respect of the Goods for any reason, the Supplier will have a security interest in the Customer-owned Tooling or the Goods as the case may be;
(d) the Customer agrees that the Supplier’s security interest in Customer-owned Tooling and the Goods covered by these Terms may be registered on the PPS Register and the Customer agrees to do all things necessary and required by the Supplier to effect registration of the Supplier’s security interest on the PPS Register in order to give the Supplier’s security interest the best priority possible and anything else the Supplier requests the Customer to do in connection with the PPSA without delay;
(e) the Customer warrants that all information provided by the Customer to the Supplier, including but not limited to the Customer’s details, including the entity, name, ACN or ABN and address set out in the Quote is correct in all respects and must not change its name, address or other details set out in the Quote without providing the Supplier with at least 20 business days prior written notice;
(f) the Customer unconditionally and irrevocably appoints the Supplier as its attorney to do any of acts and matters set out in this clause 10 in the event that the Customer fails, delays or declines to execute such documents or do such acts;
(g) the Customer agrees that it will not grant a security interest or other encumbrance in the Customer-owned Tooling or the Goods whether under the PPSA or any other law to a third party unless it has obtained the prior written consent of the Supplier, which the Supplier may refuse to provide or grant in its absolute and unfettered discretion. The Supplier may request, and the Customer must provide any information that the Supplier requires, acting reasonably, in order to fully consider whether to grant its consent;
(h) the Supplier’s security interest in the Goods and the Customer-owned Tooling extends to any proceeds in all present and after acquired property including without limitation book debts and accounts receivable arising from the selling or hiring of the Goods and/or the Customer-owned Tooling by the Customer;
(i) it has received value as at the date of provision of the Services and has not agreed to postpone the time for attachment of the security interest (as defined in the PPSA) granted to the Supplier under these Terms;
(j) the Goods and the Customer-owned Tooling are located in Australia at the date of the supply of the Goods and Customer-owned Tooling and the Customer warrants that the Goods and Customer-owned Tooling will remain located in Australia for the duration of these Terms;
(k) neither the Supplier nor the Customer will disclose any information to any interested person unless required to do so under the PPSA;
(dl) the Client agrees Customer waives its right under the PPSA:
i) to do anything reasonably receive a copy of any verification statement, financing change statement, or any notice on enforcement of the security or any other notice under the PPSA unless the notice is required to be given by the PPSA and cannot be contracted out of; and
ii) to object to a proposal by the Supplier to enable dispose of or purchase or retain the Goods and/or the Customer-owned Tooling in satisfaction of any obligation owed by the Customer to the Supplier.
iii) will not give (or allow any person to give) to the Supplier a written demand requiring the Supplier to register these Security Interests with a financing change statement under the priority Supplier requires, and PPSA or enter into (or allow any other person to maintain these registrationsenter into) the PPS Register a financing change statement under the PPSA; and
(em) Supplier’s Security Interests a default under any other security agreement under which it has granted a security interest to any other party in respect of the relevant Personal Property attach when the Client obtains possession Goods or Customer-owned Tooling is deemed to be a breach of that Personal Property and the Parties confirm that they have not agreed that any Security Interest in the Personal Property attaches at any later timethese Terms.
22.2 Registration 10.2. The parties agree that the Supplier is not required to respond to a request made under Section 275 of the PPSA and enforcement of Security Interests Supplier may, at the Client’s cost, take any steps as Supplier may require to:
(a) prepare, lodge or register any Financing Statement or Financing Change Statement (each as defined in the PPSA) in relation to any Security Interests that are granted to Supplier under this Agreement;
(b) maintain those registrations; and
(c) enforce any Security Interests granted to Supplier under this Agreement.
22.3 Notices and disclosure under the PPSA
(a) Each Party agrees that neither of them party will disclose to an “interested person” (as defined in section 275(9) of the PPSA) or any other person any information of the kind described set out in section Section 275(1) of the PPSA.
(b) The Client agrees that Supplier does not need to give the Client any notice under the PPSA (including a notice of a verification statement) unless the notice is required by the PPSA and that requirement cannot be excluded.
Appears in 1 contract
Samples: Terms and Conditions of Sale
PERSONAL PROPERTY SECURITIES. 22.1 Security Interests in Plant and Equipment If possession or control of any item of Supplier Plant and Equipment passes to the Client as a consequence of performance of this Agreement, then the Client acknowledges and agrees that:
(a) this Agreement constitutes a “Security Agreement” for the purposes of the PPSA;
(b) under this Agreement, Supplier has a Security Interest in the Supplier Plant and Equipment and any other Confidential Information which is the Personal Property of Supplier that Supplier provides to the Client under this Agreement and any proceeds of such Plant and Equipment, Personal Property;
(c) these Security Interests are “purchase money security interests” under the PPSA;
(d) the Client agrees to do anything reasonably required by Supplier to enable Supplier to register these Security Interests with the priority Supplier requires, and to maintain these registrations; and
(e) Supplier’s Security Interests in the relevant Personal Property attach when the Client obtains possession of that Personal Property and the Parties confirm that they have not agreed that any Security Interest in the Personal Property attaches at any later time.
22.2 Registration and enforcement of Security Interests Supplier may, at the Client’s cost, take any steps as Supplier may require to:
(a) prepare, lodge or register any Financing Statement or Financing Change Statement (each as defined in the PPSA) in relation to any Security Interests that are granted to Supplier under this Agreement;
(b) maintain those registrations; and
(c) enforce any Security Interests granted to Supplier under this Agreement.
22.3 Notices and disclosure under the PPSA
(a) Each Party agrees that neither of them will disclose to an “interested person” (as defined in section 275(9) of the PPSA) or any other person any information of the kind described in section 275(1) of the PPSA.
(b) The Client agrees that Supplier does not need to give the Client any notice under the PPSA (including a notice of a verification statement) unless the notice is required by the PPSA and that requirement cannot be excluded.
Appears in 1 contract
Samples: Terms and Conditions of Supply
PERSONAL PROPERTY SECURITIES. 22.1 Security Interests (a) You grant a security interest in Plant all of your present and Equipment after acquired property and in all of its present and future rights, title, estate and interest, whether legal and equitable, in relation to any personal property, including any debts owed to you, in favour of Horizon to secure the performance of its liabilities and obligations under this agreement.
(b) If possession or control requested by Horizon you must immediately sign any documents, provide all necessary information and do anything else required by Horizon to ensure that the security interest created in Horizon’s favour is a perfected security interest.
(c) You must not grant any other security interest in favour of any item party until Horizon has perfected its security interest created under this agreement.
(d) You must not do or permit anything to be done that may result in the security interest granted to Horizon ranking in priority behind any other security interest.
(e) You acknowledge that this agreement constitutes a security agreement for purposes of Supplier Plant the PPSA and Equipment passes you will do all things necessary to enable a security interest to be registered under the Client as a consequence PPSA and will comply with all requirements of performance the PPSA.
(f) To the fullest extent permitted by the PPSA, you agree to contract out of this Agreement, then the Client acknowledges application of the provisions listed in sections 115(1) and agrees that115(7) and the sections listed therein shall not apply.
(g) You hereby waive any rights you may otherwise have to:
(ai) this Agreement constitutes a “Security Agreement” receive any notices or statements you would otherwise be entitled to receive under sections of the PPSA including for the purposes avoidance of any doubt the sections referred to in sections 115(1) and 115(7) of the PPSA;
(bi) apply to a Court for an order concerning the removal of an accession under this Agreement, Supplier has a Security Interest in the Supplier Plant and Equipment and any other Confidential Information which is the Personal Property section 97 of Supplier that Supplier provides to the Client under this Agreement and any proceeds of such Plant and Equipment, Personal Property;
(c) these Security Interests are “purchase money security interests” under the PPSA;
(dii) object to a proposal of you to purchase or retain any collateral under sections 130 and 135 of the Client agrees to do anything reasonably required by Supplier to enable Supplier to register these Security Interests with the priority Supplier requires, and to maintain these registrationsPPSA; and
(eiii) Supplier’s Security Interests in the relevant Personal Property attach when the Client obtains possession of that Personal Property and the Parties confirm that they have not agreed that any Security Interest in the Personal Property attaches at any later time.
22.2 Registration and enforcement of Security Interests Supplier may, at the Client’s cost, take any steps as Supplier may require to:
(a) prepare, lodge or register any Financing Statement or Financing Change Statement (each as defined in the PPSA) in relation to any Security Interests that are granted to Supplier under this Agreement;
(b) maintain those registrations; and
(c) enforce any Security Interests granted to Supplier under this Agreement.
22.3 Notices and disclosure under the PPSA
(a) Each Party agrees that neither of them will disclose to an “interested person” (as defined in section 275(9) of the PPSA) or any other person any information of the kind described in section 275(1) of the PPSA.
(b) The Client agrees that Supplier does not need to give the Client any notice under the PPSA (including receive a notice copy of a verification statement confirming registration of a financing statement) unless the notice is required by the PPSA and that requirement cannot be excluded, or a financing change statement, relating to any security interest created under this document.
Appears in 1 contract
Samples: Rental Agreement
PERSONAL PROPERTY SECURITIES. 22.1 Security Interests in Plant and Equipment If possession or control of any item of Supplier Plant and Equipment passes to the Client as a consequence of performance of this Agreement, then the (a) The Client acknowledges and agrees thatthat notwithstanding any other provision of this Agreement:
(ai) the PPSA applies to any supply of Goods by SCOUT to the Client;
ii) the Goods are used by the Client only for commercial purposes and are not used by the Client for personal, domestic or household purposes;
iii) by agreeing to and/or accepting or adopting this Agreement constitutes the Client grants to SCOUT a “Security Agreement” for the purposes of the PPSA;
(b) under this Agreement, Supplier has a Security Interest purchase money security interest in the Supplier Plant Goods (on the basis that the Goods are sold on retention of title terms) to secure SCOUT's interest in the Goods and Equipment and any other Confidential Information which is the Personal Property of Supplier that Supplier provides to all moneys owing or payable by the Client under this Agreement and any proceeds of such Plant and Equipment, Personal Propertyother moneys payable by the Client to SCOUT from time to time on any account whatsoever;
(civ) these Security Interests are “if a purchase money security interests” under interest is not able to be claimed by SCOUT in respect of the PPSAGoods for any reason, SCOUT will have a security interest in the Goods;
(dv) the Client agrees that XXXXX's security interest in Goods covered by this Agreement may be registered on the PPS Register and the Client agrees to do anything reasonably all things necessary and required by Supplier SCOUT to enable Supplier effect registration of SCOUT's security interest on the PPS Register in order to register these Security Interests give SCOUT's security interest the best priority possible and anything else SCOUT requests the Client to do in connection with the priority Supplier requires, and to maintain these registrations; andPPSA without delay;
(evi) Supplier’s Security Interests in the relevant Personal Property attach when the Client obtains possession of warrants that Personal Property and all information provided by the Parties confirm that they have Client to SCOUT, including but not agreed that any Security Interest in the Personal Property attaches at any later time.
22.2 Registration and enforcement of Security Interests Supplier may, at limited to the Client’s costdetails, take including the entity, name, ACN or ABN and address set out in the Invoice is correct in all respects and must not change its name, address or other details set out in the Invoice without providing SCOUT with at least 20 business days prior written notice;
vii) the Client unconditionally and irrevocably appoints SCOUT as its attorney to do any steps of acts and matters set out in this clause 13 in the event that the Client fails, delays or declines to execute such documents or do such acts;
viii) the Client agrees that it will not grant a security interest or other encumbrance in the Goods whether under the PPSA or any other law to a third party unless it has obtained the prior written consent of SCOUT, which SCOUT may refuse to provide or grant in its absolute and unfettered discretion. SCOUT may request and the Client must provide any information that SCOUT requires, acting reasonably, in order to fully consider whether to grant its consent;
ix) SCOUT's security interest in the Goods extends to any proceeds in all present and after acquired property including without limitation book debts and accounts receivable arising from the selling or hiring of the Goods by the Client;
x) it has received value as Supplier may require to:
at the date of first delivery of the Goods and has not agreed to postpone the time for attachment of the security interest (a) prepare, lodge or register any Financing Statement or Financing Change Statement (each as defined in the PPSA) in relation to any Security Interests that are granted to Supplier SCOUT under this Agreement;
xi) the Goods are located in Australia at the date of the supply of the Goods and the Client warrants that the Goods will remain located in Australia for the duration of the Agreement;
xii) neither SCOUT nor the Client will disclose any information to any interested person unless required to do so under the PPSA;
xiii) the Client waives its right under the PPSA:
A. to receive a copy of any verification statement, financing change statement, or any notice that SCOUT intends to sell the Goods or to retain the Goods on enforcement of the security interest granted to SCOUT under this Agreement or any other notice under the PPSA unless the notice is required to be given by the PPSA and cannot be contracted out of;
B. to object to a proposal by SCOUT to dispose of or purchase or retain the Goods in satisfaction of any obligation owed by the Client to SCOUT;
C. to receive a statement of account following the sale of the Goods; or
D. to redeem the Goods;
xiv) will not give (bor allow any person to give) maintain those registrationsto SCOUT a written demand requiring SCOUT to register a financing change statement under the PPSA or enter into (or allow any other person to enter into) the PPS Register a financing change statement under the PPSA; and
(cxv) enforce a default under any Security Interests other security agreement under which it has granted a security interest to Supplier under any other party in respect of the Goods is deemed to be a breach of this Agreement.
22.3 Notices (b) The parties agree that SCOUT is not required to respond to a request made under Section 275 of the PPSA and disclosure under the PPSA
(a) Each Party agrees that neither of them party will disclose to an “interested person” (as defined in section 275(9) of the PPSA) or any other person any information of the kind described set out in section Section 275(1) of the PPSA.
(b) The Client agrees that Supplier does not need to give the Client any notice under the PPSA (including a notice of a verification statement) unless the notice is required by the PPSA and that requirement cannot be excluded.
Appears in 1 contract
Samples: Terms of Supply
PERSONAL PROPERTY SECURITIES. 22.1 Security Interests The Customer and the Authorised Driver grant a security interest in Plant all of their present and Equipment after acquired property and in all of its present and future rights, title, estate and interest, whether legal and equitable, in relation to any personal property, including any debts owed to the Customer and Authorised Driver, in favour of Xxxx It to secure the performance of its liabilities and obligations hereunder or on any account whatsoever. If possession or control requested by Xxxx It the Customer and Authorised Driver must immediately sign any documents, provide all necessary information and do anything else required by Ryde It to ensure that the security interest created in Ryde It’s favour is a perfected security interest. The Customer and Authorised Driver must not grant any other security interest in favour of any item party until Xxxx It has perfected its security interest created under these Terms. The Customer and Authorised Driver must not do or permit anything to be done that may result in the security interest granted to Ryde It ranking in priority behind any other security interest. The Customer and Authorised Driver acknowledge that these Terms constitute a security agreement for purposes of Supplier Plant the PPSA and Equipment passes the Customer and Authorised Driver will do all things necessary to enable a security interest to be registered under the Client as a consequence PPSA, and will comply with all requirements of performance the PPSA. To the fullest extent permitted by the PPSA, the Customer and Authorised Driver agree to contract out of this Agreement, then the Client acknowledges application of the provisions listed in sections 115(1) and agrees that115(7) and the sections listed therein shall not apply. The Customer and Authorised Driver hereby waive any rights the Customer and Authorised Driver may otherwise have to:
(a) this Agreement constitutes a “Security Agreement” receive any notices or statements the Customer and Authorised Driver would otherwise be entitled to receive under sections of the PPSA including for the purposes avoidance of any doubt the sections referred to in sections 115(1) and 115(7) of the PPSA;
(b) apply to a Court for an order concerning the removal of an accession under this Agreement, Supplier has a Security Interest in section 97 of the Supplier Plant and Equipment and any other Confidential Information which is the Personal Property of Supplier that Supplier provides to the Client under this Agreement and any proceeds of such Plant and Equipment, Personal PropertyPPSA;
(c) these Security Interests are “object to a proposal of the Customer and Authorised Driver to purchase money security interests” or retain any collateral under sections 130 and 135 of the PPSA;; and
(d) the Client agrees to do anything reasonably required by Supplier to enable Supplier to register these Security Interests with the priority Supplier requires, and to maintain these registrations; and
(e) Supplier’s Security Interests in the relevant Personal Property attach when the Client obtains possession of that Personal Property and the Parties confirm that they have not agreed that any Security Interest in the Personal Property attaches at any later time.
22.2 Registration and enforcement of Security Interests Supplier may, at the Client’s cost, take any steps as Supplier may require to:
(a) prepare, lodge or register any Financing Statement or Financing Change Statement (each as defined in the PPSA) in relation to any Security Interests that are granted to Supplier under this Agreement;
(b) maintain those registrations; and
(c) enforce any Security Interests granted to Supplier under this Agreement.
22.3 Notices and disclosure under the PPSA
(a) Each Party agrees that neither of them will disclose to an “interested person” (as defined in section 275(9) of the PPSA) or any other person any information of the kind described in section 275(1) of the PPSA.
(b) The Client agrees that Supplier does not need to give the Client any notice under the PPSA (including receive a notice copy of a verification statement confirming registration of a financing statement) unless the notice is required by the PPSA and that requirement cannot be excluded, or a financing change statement, relating to any security interest created under this document.
Appears in 1 contract
Samples: Rental Agreement
PERSONAL PROPERTY SECURITIES. 22.1 Security Interests in Plant and Equipment If possession or control of any item of Supplier Plant and Equipment passes REGISTER
13.1 This clause applies to the Client extent that this Agreement provides for or contains a ‘security interest’ for the purposes of PPS Law (or part of it).
13.2 The security interest arising under any retention of title is a PMSI to the extent that it can be under section 14 of the PPS Law. The Buyer agrees that all collateral which is at any time subject to the Company’s security interest secures its own purchase price. The Buyer agrees, in addition, to the extent possible under PPS Law, that all collateral which is at any time subject to the Company’s security interest secures as a consequence PMSI the purchase price of performance of all collateral supplied to the Buyer. This clause does not limit what other amounts are secured under this Agreement, then .
13.3 The parties agree that payments to the Client acknowledges and agrees thatCompany from the Buyer will be applied in the following order:
(a) this Agreement constitutes a “Security Agreement” for to obligations that are not secured, in the purposes of the PPSAorder in which those obligations were incurred;
(b) under this Agreementto obligations that are secured, Supplier has a Security Interest but not by PMSIs, in the Supplier Plant and Equipment and any other Confidential Information order in which is the Personal Property of Supplier that Supplier provides to the Client under this Agreement and any proceeds of such Plant and Equipment, Personal Propertythose obligations were incurred;
(c) these Security Interests to obligations that are secured by PMSIs, in the order in which those obligations were incurred.
13.4 The Company may register its security interest and may recover from the Buyer its costs (including external service provider’s costs and registration fees) reasonably incurred in so doing. The Buyer must do anything (such as obtaining consents, providing information, authorities and documents, and signing documents) which the Company requires for the purposes of:
(a) ensuring that the Company’s security interest is enforceable, perfected and otherwise effective under the PPS Law;
(b) enabling the Company to gain first priority (or any other priority agreed to by the Company in writing) for its security interest; and
(c) enabling the Company to exercise rights in connection with the security interest.
13.5 The Buyer agrees that it will not allow anything to be done or act in a way that might adversely affect the security interest in the Products that is granted to the Company by virtue of this clause 13.
13.6 The rights of the Company under this Agreement are in addition to and not in substitution for the Company’s rights under other law (including the PPS Law) and the Company may choose whether to exercise rights under this Agreement, or under such other law as it sees fit.
13.7 The following provisions of the PPS Law do not apply and, for the purposes of section 115 of the PPS Law are “purchase money security interestscontracted out” under of this Agreement to the PPSAextent permitted by PPS Law: sections 95, 96, 121(4), 125, 130, 132(3)(d), 132(4), 135, 142 and 143.
13.8 The following provisions of the PPS Law: section 123 (seizing collateral), section 126 (apparent possession), section 128 (secured party may dispose of collateral), section 129 (disposal by purchase) and section 134(1) (retention of collateral), confer rights on the Company. The Buyer agrees that in addition to those rights, the Company shall, if there is:
(a) default by the Buyer;
(b) the appointment of a receiver, or receiver and manager to the Buyer;
(c) the appointment of any administrator of the affairs of insolvent companies to the Buyer;
(d) the Client agrees to do anything reasonably required by Supplier to enable Supplier to register these Security Interests with commencement of any proceedings or the priority Supplier requires, and to maintain these registrations; andmaking of any application for the appointment of any such person mentioned above;
(e) Supplier’s Security Interests in the relevant Personal Property attach when the Client obtains a mortgagee or agent for such mortgagee entering into possession of that Personal Property the Buyer’s assets or undertaking; or
(f) a breach of any of the provisions of this Agreement, have the right to seize, purchase, take possession or apparent possession, retain, deal with or dispose of any goods supplied by the Company to the Buyer, not only under those sections but also, as additional and independent rights, under this Agreement and the Parties confirm Buyer agrees that they have not agreed that the Company may do so in any Security Interest manner it sees fit including (in the Personal Property attaches at any later timerespect of dealing and disposal) by private or public sale, lease or licence.
22.2 Registration and enforcement 13.9 The Buyer waives its rights to receive notice of Security Interests Supplier may, at the Client’s cost, take any steps as Supplier may require to:
(a) prepare, lodge or register any Financing Statement or Financing Change Statement (each as defined in the PPSA) a verification statement in relation to any Security Interests that are granted to Supplier registration events in respect of commercial property under section 157 of the PPS Law, whether the relevant security interest is provided for under this Agreement;
(b) maintain those registrations; and
(c) enforce or any Security Interests granted to Supplier under this Agreementother security agreement.
22.3 Notices 13.10 Solely for the purpose of allowing to the Company the benefit of section 275(6) of the PPS Law, the Company and disclosure under the PPSA
(a) Each Party agrees Buyer agree that neither of them will must disclose to an “interested person” (as defined in section 275(9) of the PPSA) or any other person any information of the kind described in that can be requested under section 275(1) of the PPSAPPS Law. However no compensation or damages is payable in respect of any breach by such disclosure.
(b) The Client agrees that Supplier does not need to give 13.11 To the Client extent there is inconsistency between this clause 13 and any notice under the PPSA (including a notice other part of a verification statement) unless the notice is required by the PPSA and that requirement cannot be excludedthis Agreement, this clause prevails.
Appears in 1 contract
Samples: Terms & Conditions
PERSONAL PROPERTY SECURITIES. 22.1 Security Interests in Plant 14.1 The Consignor acknowledges and Equipment If possession or control of agrees that notwithstanding any item of Supplier Plant and Equipment passes to the Client as a consequence of performance other provision of this Agreement, then the Client acknowledges and agrees that:
(a) this Agreement constitutes a “Security Agreement” for the purposes PPSA applies to any performance of Services of any kind by the PPSAService Provider to the Consignor;
(b) under by agreeing to and/or accepting or adopting this Agreement, Supplier has Agreement the Consignor grants to the Service Provider a Security Interest purchase money security interest in the Supplier Plant and Equipment and any other Confidential Information which is Goods, to secure payment of all moneys owing or payable by the Personal Property of Supplier that Supplier provides to the Client Consignor under this Agreement and any proceeds of such Plant and Equipment, Personal Propertyother moneys payable by the Consignor to the Service Provider from time to time on any account whatsoever;
(c) these Security Interests are “if a purchase money security interests” interest is not able to be claimed by the Service Provider in respect of the Goods for any reason, the Service Provider will have a security interest in the Goods;
(d) the Consignor agrees that the Service Provider's security interest in Goods covered by this Agreement may be registered on the PPS Register and the Consignor agrees to do all things necessary and required by the Service Provider to effect registration of the Service Provider's security interest on the PPS Register in order to give the Service Provider's security interest the best priority possible and anything else the Service Provider requests the Consignor to do in connection with the PPSA without delay;
(e) the Consignor warrants that all information provided by the Consignor to the Service Provider, including but not limited to the Consignor’s details, including the entity, name, ACN or ABN and address set out in the Schedule is correct in all respects and must not change its name, address or other details set out in the Schedule without providing the Service Provider with at least 20 business days prior written notice;
(f) the Consignor unconditionally and irrevocably appoints the Service Provider as its attorney to do any of acts and matters set out in this clause 14 in the event that the Consignor fails, delays or declines to execute such documents or do such acts;
(g) the Consignor agrees that it will not grant a security interest or other encumbrance in the Goods whether under the PPSA or any other law to a third party unless it has obtained the prior written consent of the Service Provider, which the Service Provider may refuse to provide or grant in its absolute and unfettered discretion. The Service Provider may request, and the Consignor must provide any information that the Service Provider requires, acting reasonably, in order to fully consider whether to grant its consent;
(h) the Service Provider's security interest in the Goods extends to any proceeds in all present and after acquired property including without limitation book debts and accounts receivable arising from the selling or hiring of the Goods by the Consignor;
(i) it has received value as at the date of provision of the Services and has not agreed to postpone the time for attachment of the security interest (as defined in the PPSA) granted to the Service Provider under this Agreement;
(j) neither the Service Provider or the Consignor will disclose any information to any interested person unless required to do so under the PPSA;
(dk) the Client agrees Consignor waives its right under the PPSA:
i) to do anything reasonably receive a copy of any verification statement, financing change statement, or any notice that the Service Provider intends to sell the Goods or to retain the Goods on enforcement of the security interest granted to the Service Provider under this Agreement or any other notice under the PPSA unless the notice is required to be given by Supplier the PPSA and cannot be contracted out of;
ii) to enable Supplier object to a proposal by the Service Provider to dispose of or purchase or retain the Goods in satisfaction of any obligation owed by the Consignor to the Service Provider;
iii) to receive a statement of account following the sale of the Goods; or
iv) to redeem the Goods;
(l) will not give (or allow any person to give) to the Service Provider a written demand requiring the Service Provider to register these Security Interests with a financing change statement under the priority Supplier requires, and PPSA or enter into (or allow any other person to maintain these registrationsenter into) the PPS Register a financing change statement under the PPSA; and
(em) Supplier’s Security Interests in the relevant Personal Property attach when the Client obtains possession of that Personal Property and the Parties confirm that they have not agreed that a default under any Security Interest in the Personal Property attaches at any later time.
22.2 Registration and enforcement of Security Interests Supplier may, at the Client’s cost, take any steps as Supplier may require to:
(a) prepare, lodge or register any Financing Statement or Financing Change Statement (each as defined in the PPSA) in relation other security agreement under which it has granted a security interest to any Security Interests that are granted other party in respect of the Goods is deemed to Supplier under this Agreement;
(b) maintain those registrations; and
(c) enforce any Security Interests granted to Supplier under be a breach of this Agreement.
22.3 Notices 14.2 The parties agree that the Service Provider is not required to respond to a request made under Section 275 of the PPSA and disclosure under the PPSA
(a) Each Party agrees that neither of them party will disclose to an “interested person” (as defined in section 275(9) of the PPSA) or any other person any information of the kind described set out in section Section 275(1) of the PPSA.
(b) The Client agrees that Supplier does not need to give the Client any notice under the PPSA (including a notice of a verification statement) unless the notice is required by the PPSA and that requirement cannot be excluded.
Appears in 1 contract
Samples: Terms and Conditions of Trade