Credit Card Terms and Conditions

TERMS AND CONDITIONS OF TRADE: SALE AND CREDIT

DEFINITIONS
1. In these Terms unless the context requires otherwise, the following expressions shall have the following meanings respectively:
  1. “Agreement” means each agreement between Anzor and the Customer for the supply of Goods whether arising from a quote or otherwise;
  2. “Anzor” means Anzor Fasteners (a limited liability partnership) ABN 86 739 974 496;
  3. “Courier” means any person or business contacted by Anzor to carry Goods from Anzor to a Customer;
  4. “Customer” means any individual, partnership, company or legal entity who is directly purchasing Goods from Anzor and includes all the Customer’s employees, contractors, subcontractors, agents and any authorised by the Customer to use the account;
  5. “Guarantor” means the person or persons who signed the Customer’s credit application form in that capacity;
  6. “Goods” mean any goods, products or materials supplied by Anzor to the Customer from time to time under an Agreement;
  7. “GST” means any tax including any additional tax imposed on the supply of or payment for Goods which is imposed or assessed under A New Tax System (Goods and Services Tax) Act 1999 (Cth), and all other related an ancillary legislation, which is excluded from the Price;
  8. "Post" means display, exhibit, publish, distribute, transmit and/or disclosure information, Content and/or other material on to Our Website, and the phrases “Posted” and “Posting” shall be interpreted accordingly;
  9. ‟PPSA” means the Personal Property Securities Act 2009. If a term used in these Terms has a particular meaning in the PPSA, it has the same meaning in these Terms;
  10. "PPSR" means the Personal Property Securities Register established pursuant to the PPSA;
  11. "Price" means the amount payable by the Customer for the Goods supplied to the Customer by Anzor;
  12. "Secured Property" means all Goods as supplied to the Customer by Anzor;
  13. "Security Interest" means an interest in personal property provided for by a transaction that, in substance, secures payment of money or performance of an obligation (without regard to the form of the transaction or the identity of the person who has title to the property), and also includes a transaction which the PPSA treats as a security interest whether or not the transaction concerned, in substance, secures payment or performance of an obligation;
  14. “Terms" means these trading terms and conditions and includes any special terms agreed in writing between Anzor and the Customer;
  15. "Website" means any website that is owned or controlled by Anzor.
INTERPRETATION
1. This agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.
2. Anzor and the Customer accept that placement by the Customer of any order with Anzor is an acknowledgment and acceptance by the Customer that the contract between the Customer and Anzor is to the extent permitted by law on the terms and conditions contained in these Terms and the Customer will be bound by these Terms.
3. These Terms shall constitute the entire terms and conditions of a contract with Anzor and apply to all supplies of Goods by us to any Customer. They prevail over any terms proposed by you. All other conditions, terms, and any warranties, descriptions, representations, conditions as to fitness or suitability for any purpose, tolerance to any conditions, merchantability or otherwise and whether express or implied by law, trade, custom or otherwise and any of The Customer's own terms and conditions (not agreed to in writing by Anzor) are expressly excluded.
4. If a Customer uses the Website to make an order on behalf of another person or entity, the Customer warrants that it has full authority to place the order and accepts full responsibility for every act or omission by the other person or entity.
5. A reference to a person is a reference to one or more individuals, whether or not formally in partnership, or to a corporation, government body, or other association or organisation.
6. Any agreement by any party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing.
7. Except where otherwise stated, any obligation of a Customer arising from these Terms may be performed by any other person.
8. In this agreement references to a party includes reference to a person to whom those rights and obligations are transferred or pass as a result of a merger, division, reconstruction or other re-organisation involving that party.
9. The headings to the paragraphs and schedules (if any) to this agreement do not affect the interpretation.
10. A reference to an act or regulation includes new law of substantially the same intent as that act or regulation.
11. These Terms apply in any event to you as a Customer or prospective Customer of our Goods and so far as the context allows, to you as a visitor to our Website.
TERMS
1. These Terms replace all trading terms and conditions which may have applied between Anzor and the Customer.
2. These Terms apply to all Agreements to the exclusion of any conditions or terms of purchase which the Customer may use or purport to apply to any Agreement.
3. Anzor may vary these Terms at any time by giving notice to the Customer.
OUR CONTRACT WITH YOU
1. This agreement contains the entire agreement between the parties and supersedes all previous agreements and understandings between the parties.
2. Anzor does not accept online payments from all countries and therefore recommends that any Customer from outside Australia first contacts Anzor to confirm payment will be accepted. Anzor will endeavor to respond to enquiries within 24 hours.
CUSTOMER ACCOUNTS
1. The Customer agrees to provide, and will continue to provide, accurate, up to date and complete information about the Customer and will not provide any falsified information to Anzor.
2. The Customer must keep all account and password information confidential and must not release any such details to any individual not employed by the Customer.
3. The Customer is responsible for all transactions that occur on the Customer's account and agrees to accept all responsibility for those transactions. The Customer must immediately notify Anzor of any unauthorised account activity and take steps to prevent access to the account as soon as practicable.
OFFER (QUOTES) AND AGREEMENTS
1. All quotes are made on the basis of these Terms unless varied in the quote.
2. A quote from Anzor to the Customer is valid for 30 days from the date of the quote, unless otherwise stated in writing.
3. Quotes may be withdrawn or amended by Anzor at any time before acceptance by the Customer.
4. Quotes are subject to the availability of the Goods at the time the quote is accepted by the Customer.
5. Acceptance of a quote by the Customer constitutes acceptance of these Terms (without limitation).
6. An Agreement between Anzor and the Customer will only be formed if Anzor provides a quote and the Customer accepts, or if the Customer places an order (irrespective of whether the order is being collected or supplied) and Anzor confirms or supplies the order.
DESCRIPTION OF THE GOODS
Any descriptions, drawings, images, quantities, weights, performance data, or dimensions included in any quotation, catalogues, websites, advertisements, illustrated matter or price lists are approximates only and will not be binding unless and to the extent only that such details are specified in an Agreement with a Customer. Anzor will not be liable in the case where loss arises as a result of goods or information being different from that which is represented in the Anzor catalogue, in Anzor documents and on Anzor’s Website.
OWNERSHIP OF DRAWINGS
Technical documents, specifications or drawings submitted to a Customer before or at any time after an Agreement is formed remain the property of Anzor at all times and may not be transmitted to a third party, copied, reproduced or used by the Customer unless the terms of the Agreement permit it or the prior written permission of Anzor is obtained.
PRICE
1. The Price of the Goods is the price quoted by Anzor or, where no price has been quoted, the price is Anzor’s retail price for the Goods as at the date of the order less any discount (where applicable) as determined by Anzor.
2. Unless otherwise specified, quoted or listed Prices are shown in AUD exclusive of GST and are quoted on an "ex warehouse" basis, and freight and packaging charges are in addition to any price for Goods.
3. Anzor’s prices are subject to alteration without notice. The Customer should confirm prices with Anzor before ordering.
PAYMENT TERMS
1. The Customer must pay the Price and all other sums owing in full prior to delivery of the Goods unless otherwise agreed to in writing by Anzor or if the customer has a credit account then payment must be made in full within 30 days of the invoice date.
2. In the event that the Customer fails to pay the Price or any other sum payable by the required time, and without prejudice to its rights to sue for payment or exercise any other remedy where any payment is not made on the due date:
  1. Anzor may stop the supply to the Customer of any further Goods; and
  2. if the Price for the Goods was subject to a discount, Anzor may reissue an invoice for the Goods at their full retail price and the Customer will be liable to pay the higher invoice amount;
  3. the Customer must pay to Anzor interest on the Price (plus GST) and all other sums payable at a rate 5% higher than the National Australia Bank's overdraft rate for amounts exceeding $100,000 from time to time, on any monies due to Anzor from the date the Price was payable until such time it is paid in full;
  4. Anzor may demand payment of the amounts outstanding as well as payment in advance for any undelivered Goods before proceeding or making any further delivery of Goods.
3. A statement of indebtedness from Anzor to the Customer is binding and conclusive, except in the event of manifest error.
4. If the Customer defaults in paying any account or invoice, then the Customer must on demand pay all costs, charges and legal expenses (including costs between solicitor and own client) and including any collection costs incurred by Anzor in recovering payment from the customer.
ONLINE PAYMENTS
All payments made through the Website will be processed through a third-party provider on web pages not controlled by Anzor. Anzor will only ever use providers that offer a secure and encrypted payment portal.
FOREIGN TAXES AND DUTIES
1. If you are not in Australia, we have no knowledge of, and no responsibility for, the laws in your country.
2. You are responsible for purchasing Goods which you are lawfully able to import and for the payment of import duties and taxes of any kind levied in your country.
DELIVERY
1. The method of delivery and packaging of the Goods will be determined by Anzor.
2. Any dates quoted for the delivery of the Goods are approximate only, given in good faith, and are not binding on Anzor.
3. The Customer must notify Anzor if the Goods are not received within 4 business days of the order being placed with Anzor.
4. Anzor may deliver the Goods in installments and the Customer remains liable to pay for the Goods so delivered.
5. Failure by Anzor to deliver any installment shall not entitle the customer to repudiate the contract as to any installments already delivered or any remaining installments yet to be delivered.
6. Anzor is not liable for any delay, failure or inability to deliver, however caused, or for any consequential loss or damage suffered by the Customer.
7. If the Customer fails to take delivery of the Goods or fails to give Anzor adequate delivery instructions, the Goods shall be deemed delivered and Anzor may charge the Customer for the Goods and the reasonable costs associated with such failure and the storage or re-delivery of the Goods.
8. Anzor may withhold or delay delivery at any time for any reason.
9. Proof of delivery will not be required from Anzor more than 30 days after the date of invoicing.
10. Anzor shall not be liable to the Customer for any loss or damage directly or indirectly arising out of or in connection with any delay in delivery of the Goods or failure to deliver Goods whether such delay or failure is caused directly or indirectly by Anzor for any reason beyond its control, or by an act of god, fire, armed conflict, labour dispute, civil commotion or intervention of government or otherwise.
RETENTION OF TITLE
1. Ownership and title to the Goods shall not pass to the Customer until Anzor has received payment in full of all monies owing by the Customer to Anzor.
2. Risk of any loss, damage or deterioration of the Goods shall pass to the Customer on delivery of the Goods to the Customer's premises.
3. The Customer acknowledges that until title to the Goods passes to the Customer in accordance with this clause:
  1. The Customer holds the goods as Bailee of Anzor and that a fiduciary relationship exists between The Customer and Anzor;
  2. The Customer shall store the goods separately and in a manner so that they are clearly identified as the property of Anzor.
4. Anzor shall be entitled at any time to demand the return of the Goods and shall be entitled without notice to the Customer and without liability to the Customer to enter any premises occupied by the Customer to search for and remove the Goods.
RETURNS
General Returns
1. Goods may be accepted for credit if returned to Anzor within 90 days of the date of delivery and accompanied by a request for credit quoting the original invoice/packing slip number, the purchase order number, date and reason for returns.
2. Prior notification by the Customer of the return of Goods is required and the acceptance of such Goods does not imply an agreement by Anzor to issue a credit note.
3. Returns are subject to inspection and approval by Anzor and will attract a handling and restocking charge. Freight will be at the expense of the customer unless the Goods were supplied incorrectly by Anzor.
4. The handling and restocking charge will be the greater of $20 (minimum charge) and:
  1. 10% of the invoice for Goods returned within 30 days;
  2. 20% of the invoice for Goods returned within 60 days; or
  3. 25% of the invoice for Goods returned within 90 days.
Warranty Returns
1. Within 30 days of delivery of the Goods the Customer must notify Anzor in writing of any missing Goods, or defects (except for minor defects), or errors which are or should have been apparent from a reasonable inspection at the time of delivery.
2. Notification by the Customer under clause 15.5 does not discharge the Customer from its obligation to make payment to Anzor.
3. If the Customer fails to notify Anzor in accordance with this clause, the Customer is deemed to have accepted the Goods and will be liable to pay the full Price for the Goods.
4. If the Customer makes a valid claim in accordance with this clause 15 which is accepted by Anzor, then Anzor may at its sole discretion chose to do any of the following:
  1. replace the Goods (or the part in question); or
  2. issue a credit note.
5. No credit will be given for Goods which have been:
  1. specially procured for the Customer;
  2. specifically manufactured for or cut to the specifications of the Customer; or
  3. used, modified or damaged by the Customer or returned in a condition that means they cannot be resold (as determined by Anzor in its absolute discretion).
GENERAL WARRANTIES EXCLUDED
1. The Customer acknowledges and agrees that it is their responsibility to ensure that the Goods purchased are appropriate for the Customer's particular purpose.
2. Unless a specific written representation about performance or outcome is made part of the Agreement, any expected results from the Goods communicated by Anzor to the Customer are Anzor's assessment of the most likely outcome for the Customer and do not and shall not be deemed to constitute a warranty or guarantee by Anzor that any expected results will in fact be achieved by the Goods.
3. Subject to the provisions of the Agreement, all and any express or implied terms, conditions, warranties and representations with respect to the standard, quality, condition, performance, fitness, durability or suitability of the Goods (except those expressly contained in these Terms or otherwise expressly agreed to in writing by Anzor) are to the extent that the same may be excluded by law, hereby expressly negatived and excluded.
4. The Customer must satisfy itself as to the standard, quality and suitability of the Goods and the fitness of the Goods for the purpose(s) for which the Goods are being purchased and as to its compliance with the description (if any) of such Goods. Any description shall be by way of identification only and the use of a description shall not of itself make any Contract a contract of sale by description.
5. These Terms shall not exclude, restrict or modify or have the effect of excluding restricting modifying the application in relation to a contract of all or any of the provisions of Division 1 of Part 3-2 of Schedule 2 to the Competition and Consumer Act 2010 ("the Act") or the exercise of right conferred by such a provision or any liability of Anzor for breach of a guarantee implied by such a provision but all other guarantees, conditions or warranties which would or might otherwise be implied are hereby expressly excluded and negatived.
6. To the extent that the Act permits Anzor to limit its liability for a breach of a guarantee implied pursuant to Division 1 of Part 3-2 of Schedule 2 of the Act, then unless Part 6 applies Anzor’s liability for such breach including any consequential loss which the Customer or any third party may sustain or incur shall be limited, at the option of Anzor, to:
  1. the replacement or repair of the Goods supplied to the Customer;
  2. the supply to the Customer of equivalent Goods; or
  3. the payment of the cost of replacing or repairing the Goods or of having the equivalent Goods supplied again;
  4. whichever may be determined in the absolute discretion of Anzor.
7. The Customer must within thirty (30) days of the Customer first becoming aware of any facts giving rise to a claim against Anzor must inform Anzor in writing, setting out the full particulars of the claim and deliver freight prepaid to Anzor any allegedly defective Goods so as to enable them to be examined by Anzor.
8. The benefits of any warranty herein contained shall not apply in the case of:
  1. Defects in any Goods caused by the Customer's misuse or neglect; or
  2. Goods, which have been altered, added to, otherwise modified or used for a purpose for which they were not intended without the prior written consent of Anzor.
WARRANTY SERVICE
1. This Clause 17 applies only if the Agreement grants to the Customer a specific warranty in respect of the Goods.
2. An inspection of the Customer's premises and an assessment of the effectiveness of the Goods may be carried out by Anzor by arrangement with the Customer, at Anzor's expense.
3. No warranty period applies in respect of the Goods unless Anzor has expressly offered a warranty period as a term of the Agreement with the Customer
4. If a warranty period applies, the Customer must allow Anzor access to the Customer's premises at all reasonable times as required by Anzor to undertake any warranty work.
5. If the Customer is in default under the terms of any Contract with Anzor, including but not limited to a failure to pay any invoice in the time required by the Agreement or these Terms, Anzor may at its option terminate, suspend or vary any warranty period which applies under any Customer.
NO WARRANTY AGAINST CORROSION
While the goods are made from high quality materials which are designed to be resistant to corrosive environments, unless expressly stated, Anzor does not give any warranty regarding the Goods’ resistance to corrosion.
SUPPLY OF STAINLESS STEEL GRADES
1. Suitability for Use is Customer’s Responsibility.
2. Most manufacturers will manufacture in a stainless steel that is very close to 304 in composition but which may have certain small differences to enhance ease of production. Such grades are AISI 302HQ and AISI 305 and Anzor may at its option supply these as a substitute for 304 without prior notification.
3. Also, most manufacturers will manufacture in a stainless steel that is very close to 316 in composition but which may have certain small differences to enhance ease of production. Such grades are 316L and 316Cu and Anzor may at its option supply these as a substitute for 316 without prior notification.
4. Due allowance shall be made by The Customer for variations as a result of manufacturer’s tolerances and Anzor does not accept any liability for such variations.
TITLE
1. Risk of damage, deterioration, or loss of the Goods will pass to the Customer at the time when the Goods are delivered to the Customer or, if the Customer wrongfully fails to take delivery of the Goods, the time when Anzor has tendered delivery of the Goods.
2. Title in the Goods shall not pass to the Customer until full payment is received by Anzor for the Price of the Goods and until all cheques and other instruments are honoured or met in full.
3. The Customer must not charge the Goods in any way nor grant or otherwise give any interest in the Goods while the legal and equitable title remains with Anzor.
4. In the event of a Default Event (as defined in clause 22) Anzor shall be entitled at any time to demand the return of the Goods and the Customer irrevocably gives Anzor, its employees and agents, licence to enter onto and into any premises occupied by the Customer without notice to the client to search for and remove any Goods in which Anzor has legal and equitable title.
5. The Customer will be responsible and liable for all Anzor's costs and expenses in exercising its rights under clause 20.4.
PPSR
1. The Customer acknowledges and agrees that:
  1. these Terms grant to Anzor a Security Interest in the Secured Property and, for the avoidance of doubt, the proceeds of the sale of the Secured Property for the purposes of the PPSA;
  2. it will not allow any Security Interest to arise in respect of that Secured Property unless Anzor has perfected its Security Interest in the Secured property prior to the Customer's possession of the Secured Property.
2. The Customer consents to Anzor effecting a registration on the PPSR in relation to the Security Interest arising under or in connection with these Terms and the Customer agrees to provide all assistance required by Anzor to facilitate registration.
3. The Customer must pay on demand any losses arising from, and any costs and expenses incurred in connection with any action taken by Anzor under or in relation to the PPSA.
4. Any notices or documents required or permitted to be given to Anzor for the purposes of the PPSA must be given in accordance with the PPSA.
5. The Customer waives the right to receive any notice under the PPSA (including notice of verification statement) unless the notice is required by the PPSA and cannot be excluded.
6. The Customer agrees to immediately notify Anzor of any changes to its name or address (as specified in the Agreement).
7. For the purposes of section 275(6)(a) of the PPSA party agrees not to disclose information of the kind mentioned in section 275(1) of the PPSA, except in circumstances required by sections 275(7)(b) to (e) of the PPSA.
8. If Chapter 4 of the PPSA applies to the enforcement of the Security Interest arising under or connection with an Agreement; the Customer agrees:
  1. to the extent that section 115(1) of the PPSA allows, the following provisions of the PPSA will not apply and the Customer will have no rights under them: section 95 (to the extent it requires the secured party to give notices to the grantor): section 96; section 118 (to the extent that it allows a secured party to give notices to the grantor); section 121(4); section 130; section 132(3)(d); section 132(4); section 135; section 142 and section 143; and
  2. section 115(7) of the PPSA allows for the contracting out of provisions of the PPSA, the following provisions of the PPSA will not apply and the Customer will have no rights under them: section 127; section 129(2) and (3); section 130(1); section 132; section 134(2); section 135; section 136(3), (4) and (5) and section 137.
9. For the purposes of section 20(2) of the PPSA, the collateral is Goods including any Goods which is described in the quote or Agreement. The Agreement is a security agreement for the purposes of the PPSA.
10. The Customer waives its right under section 157 of the PPSA to receive notice of any verification of the registration.
11. Anzor may apply amounts received in connection with an Agreement to satisfy obligations secured by a Security Interest contemplated or constituted by the Agreement in any way determined in Anzor's absolute discretion.
CUSTOMER’S DEFAULT AND TERMINATION
1. A “Default Event” will occur if the Customer
  1. fails to pay any amount due to Anzor; or
  2. breaches any other provision of the Agreement;
  3. refuses the delivery of Goods;
  4. makes or threatens to make any voluntary or involuntary arrangement with its creditors or becomes subject to any external administration;
  5. enters or threatens to enter into liquidation, receivership, administration or bankruptcy;
  6. is subject to any measure by a receiver or administrator in respect of the whole or any part of its assets or if any distress or execution is levied on its assets; or
  7. ceases, or threatens to cease, to carry on business.
2. If a Default Event occurs, Anzor may, without incurring any liability to the Customer, immediately take any of the following actions:
  1. suspend any further deliveries to the Customer under the Agreement;
  2. terminate the Agreement without notice; or
  3. declare all amounts owing by the Customer to Anzor under any Agreement to be immediately due and payable.
3. If a Default Event occurs, the Customer must provide all necessary assistance to Anzor or its agents in the recovery of the Goods and will pay all fees and costs (including reasonable legal fees) associated with the recovery of the Goods.
4. Failure to comply with this clause constitutes a material breach of the Agreement by the Customer.
INDEMNIFICATION
1. After delivery of the Goods to the Customer, Anzor shall not be responsible or liable to the Customer, and the Customer releases and discharges Anzor, (in the absence of any wilful or negligent act or omission on the part of Anzor) for and from any liability, claim, loss, damage, or expense of any kind or nature (including but not limited to loss of profits, earnings or income, direct, indirect, consequential, contingent or resulting liability, loss or damage whether to persons, property or otherwise) or death or injury caused by or arising out of or relating in any manner or incidental to the use of the Goods or the delivery of the Goods.
2. This indemnification will be interpreted and applied to the fullest extent permitted by law.
PRIVACY ACT
1. The Customer agrees and acknowledges that information provided by it to Anzor, may be used by Anzor and provided to a credit reporting agency for the purposes of assessing its suitability to enter into an Agreement.
2. The Customer agrees and consents to:
  1. Anzor obtaining a report about the Customer's commercial activities or commercial creditworthiness, from a business which provides information about the credit worthiness of persons, in accordance with Section 18L(4) of the Privacy Act;
  2. Anzor obtaining from a credit reporting agency a credit report containing personal credit information about the Customer in relation to commercial credit provided by Anzor in accordance with section 18k(1)(b) of the Privacy Act;
  3. Anzor obtaining a report or a reference about the Customer's commercial activities or commercial creditworthiness from any other third party;
  4. the collection, use or disclosure of any personal information of the Customer by Anzor to any third party, including without limitation, credit providers or credit reporting agencies for the purposes of assessing the Customer's application for commercial credit, or for the purposes of assessing the Customer's suitability for the provision of a guarantee for any credit provided to the Customer, in relation to the collection of any overdue payment and to notify other credit providers of a default by the Customer, or where in the opinion of Anzor the Customer has committed a serious credit infringement;
3. The Customer may access their personal information held by Anzor upon request to the company by providing Anzor at least 14 days' notice.
4. The Customer acknowledges that the credit information referred to above may be used by Anzor, its legal representatives or authorised agents.
CREDIT ACCOUNT APPLICATION
1. The Customer acknowledges and agrees that:
  1. these Terms, together with the Credit Account Application, constitute the terms and conditions of the Credit Account;
  2. payment for all Goods received provided must be made in full within 30 days of the invoice date;
  3. If at any time the amount due by the Customer to Anzor is in excess of the Customer’s credit limit, the Customer must immediately pay the excess amount so as to bring the Customer within its credit limit;
  4. the cost to Anzor of collection of any monies due and owing is fully recoverable against the Customer;
  5. if at any time monies are overdue and owing upon any invoice then outstanding, the whole of the amount of all invoices then outstanding shall become immediately due and owing;
  6. Anzor may from time to time vary the amount of the Customer's maximum Credit Facility and that such amount may not be exceeded at any time;
  7. it is the Customer's responsibility to notify Anzor of any or any intended change in the corporate structure, shareholding or management by notice in writing within 30 days of such event occurring. Anzor may at any time without notice terminate or suspend the Customer's right to purchase the Goods upon credit; and
  8. if the information supplied by the Customer in the Credit Account Application is misleading or false, or if the Customer fails to comply with the Terms, Anzor may at its absolute discretion cancel the credit facility and any Agreement.
2. The Customer must immediately notify Anzor if at any time the Customer forms the view that it is unable or may become unable to meet any of its obligations under an Agreement.
GUARANTEE AND INDEMNITY
1. This clause applies if Anzor supplies Goods on credit terms the payment of which has been guaranteed by a Guarantor.
2. The Guarantor covenants:
  1. that the Customer will comply in all respects with these Terms; and
  2. to pay Anzor upon demand all monies which the Customer owes to Anzor on any account whatsoever.
3. The Guarantor indemnifies Anzor against all loss, damage, costs (including legal costs on an indemnity basis) and expenses which Anzor suffers directly or indirectly as a result of the Customer's breach of these Terms including any failure to pay any monies due to Anzor.
4. This Guarantee is a continuing guarantee and indemnity for the whole of the monies owing to Anzor from time to time and shall remain in full force and effect until discharged by Anzor in writing.
5. The Guarantor warrants that it has the full power and authority to enter into any agreement with Anzor and that the Guarantor is bound by these Terms.
6. This Guarantee may be enforced against the Guarantor without Anzor being first required to exhaust any remedies it may have against Customer or to enforce any security it may hold for the monies owing.
7. If a Guarantee is given by more than one person their liability is both joint and several.
8. The Guarantor:
  1. agrees to allow Anzor to provide credit reporting agencies with all information regarding the Guarantor as permitted by the Privacy Act 1988 (Cth) as amended and any other State or Federal legislation permitting the providing of information to certain persons or entities;
  2. consents to Anzor obtaining information regarding the Guarantor from credit reporting agencies; and
  3. agrees to provide Anzor from time to time (upon request) with a list of the assets and liabilities of Guarantor.
9. The Guarantor acknowledges and agrees that, notwithstanding any action taken by Anzor to recover or attempt to recover all or part of any monies owing by the Customer from time to time (including, without limitation, by Anzor providing for any debt in an administration, liquidation or other arrangement affecting the Customer), nothing is to be construed as a waiver or compromise of Anzor's rights to recover the Customer's full liability as against the Guarantor under this Guarantee.
10. The person signing this application on behalf of the customer accepts full personal liability and guarantees payment by the customer. If the customer fails to make any payment or do any other thing that results in the vendor suffering loss the person signing on behalf of the customer agrees to pay all sums due and owing to Anzor.
ASSIGNMENT AND SUBCONTRACTING
The Customer may not transfer any of its rights and obligations under the Agreement to any other person without Anzor’s prior written consent. Anzor may on written notice to the Customer transfer any or all of its rights or obligations under the Agreement to any other person or sub-contract any of its obligations under the Agreement.
NO WAIVER
The failure or delay by Anzor to exercise any of its rights under these Terms will not waive, vary or preclude Anzor from exercising that or any other right.
FURTHER ASSURANCES
The Customer shall do all things necessary including but not limited to signing all documents and providing all information necessary to give effect to these Terms and provide Anzor with all rights and security referred to in these Terms.
SEVERABILITY
Any part hereof being a whole part of a clause shall be capable of severance without affecting any other part of the Agreement.
NOTICES
1. Any party may serve notice on the other party by:
  1. giving it to the other party personally;
  2. leaving it at the other party's last known business address;
  3. sending it to the other party's facsimile number; or
  4. posting it to the other party's last known registered office or place of business.
GOVERNING LAW
The Parties irrevocably submit to the laws applicable in the State of Queensland and the courts of that State will have jurisdiction.