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DEED OF GUARANTEE — To: MEGAFIX Pty Ltd (“The Company”), Registered Office: 8 Great Eastern Highway, CUNDERDIN WA 6407

1. IN CONSIDERATION of your agreeing at the request of the undersigned (“the Guarantor”)
2. (the making of which request the Guarantor hereby acknowledges) to supply goods on credit to
3. the Customer named in this application (“the Customer”)
4. of the Customer's address stated in this application
5. the Guarantor agrees to pay you on demand and to indemnify you against any/every sum or sums of money which the customer shall at any time become liable to pay to you for such goods as you may supply it and shall fail to on the due date.
6. This Guarantee is a continuing guarantee, and you may grant to the customer any time or indulgence in relation to the payment of any amounts due and may accept payment in cash or by means of negotiable instruments and may compound with the Customer without affecting the Guarantor's liability under this Guarantee.
7. No change in the constitution of the Customer shall impair or discharge the Guarantor’s liability here under.
8. This guarantee shall not be determined by the bankruptcy of the Guarantor.
9. The Guarantor agrees that he shall be liable here under notwithstanding that any other person or entity intended to be a guarantor in respect of all or any of the said payments shall refuse or fails to sign this or any other guarantee.
10. Payment of the amounts guaranteed by the Guarantor here under shall be made by the Guarantor immediately upon service upon the Guarantor of your written demand to do so.
11. The Guarantor shall be primary debtor to you for the payment of all amounts guaranteed here under and the Guarantor hereby waives all and any of his rights as a guarantor which may at any time be inconsistent with any of the above provisions of this Deed of Guarantee.
12. The Guarantor or his personal representative may at any time by written notice to you revoke this Guarantee as to all dealings between you and the Customer after giving such notice to you.
13. Any demand for payment shall be properly served on the Guarantor signed by the General Manager/Manager/Secretary of the Company for the time being, or by your solicitors, and left at or sent by pre-paid post to the address as set out below, and if sent by post shall be deemed to have been served on the day following that on which it was posted.
14. This Guarantee shall be governed by and construed in accordance with the laws of Western Australia.
15. In this Guarantee: (a) the masculine shall include the feminine and neuter genders; (b) the singular shall include the plural; and (c) if there is more than one Guarantor, a reference to “Guarantor” shall be deemed to be reference to each Guarantor and the Guarantor’s obligations here under shall be deemed to be obligations of each Guarantor severally and Guarantors jointly.

TERMS: 30 days from end of month in which the goods/services are purchased.

1. The Customer hereby warrants that the information comprised in the First Schedule is true accurate and correct and is supplied for the purpose of obtaining credit.
2. The Customer warrants that the persons’ signatures appearing on this Agreement are duly authorised by the Customer to apply for credit and execute this Agreement.
3. The Customer agrees to adhere to the terms and conditions of this Agreement.
4. Jurisdiction. Notwithstanding any implication of law to the contrary, all contracts between the Customer and the Supplier shall be deemed to be made and construed and to be enforceable in and according to the laws of the State of Western Australia and by mutual consent to be subject to the jurisdiction of the Courts of that State.
5. Claims. Any claim for non-delivery, shortage in supply or damage occurring during the course of delivery or any claim for rejections by a customer must be in writing and given to the Manager of the supplier within 24 hours of delivery. (i) Requests to return goods for any reason other than receival of damaged goods or incorrect supply will only be accepted at the Supplier’s sole discretion and must be made in writing. (ii) Approved returns are subject to a 20% restocking fee, provided that the Supplier is able to restock the goods or return them to the manufacturer. (iii) Returned goods must be in original, unused/saleable condition and accompanied by the original invoice or proof of purchase.
6. In the event of the Supplier granting credit facilities to the Customer then the following terms apply: (i) All accounts are to be settled in full within 30 days from the end of month in which goods/service are purchased. (ii) That should the Customer default in the payment of any monies due under this Agreement then all monies due to the Supplier shall immediately become due and payable and shall be paid by the Customer within seven (7) days of the date of demand and the Supplier shall be entitled to charge interest on all amounts not paid by the due date for payment and the Customer undertakes to pay any interest so charged. (iii) Any expenses, costs or disbursements incurred by the Supplier in receiving any outstanding monies including debt collection agency fees and solicitor’s costs shall be paid by the Customer providing that those fees do not exceed the scale charges as charged by that debt collection agency/solicitor. (iv) The Supplier shall be entitled without notice to terminate any credit arrangement with the Customer in the event of the Customer defaulting in any of the terms and conditions herein contained. (v) The Supplier shall be entitled at any stage during the continuance of this Agreement to request such security or additional security as the Supplier shall in its discretion think fit and shall be entitled to withhold supply of any goods or credit arrangements until such security or additional security shall be obtained or for any other reason at the Supplier’s discretion.
7. Title and Risk. (i) Risk passes to Customer on delivery. All Goods shall remain the property of the Supplier until all debts due to the Supplier by Customer are paid in full. (ii) Customer shall be bailee of Goods in its possession whose title remains with the Supplier. (iii) Goods in the Customer’s possession must be clearly identifiable as the property of the Supplier. (iv) If Customer fails to pay any debt due to the Supplier by the date for payment, the Supplier may retake possession of Goods. All costs of such repossession of Goods by the Supplier will be payable by Customer. Such rights shall be without prejudice to the Supplier’s right to claim damages from the Customer for breach of contract. (v) Customer irrevocably authorises the Supplier and its servants and agents to enter upon the Customer’s premises without notice at any time, for the purpose of examination or recovery of Goods. (vi) Customer shall indemnify the Supplier against any lose or expense arising from the Customer breaching this Contract. (vii) All parts added to Goods by Customer, will form part of Goods for the purpose of this contract. (viii) If Customer makes new Goods or other Goods from or with Goods, these new Goods are Goods for the purpose of this contract.
8. These conditions of Sale shall not exclude, limit, restrict or modify the rights, entitlements and remedies conferred upon the Customer or the liabilities imposed upon the Supplier by any condition or warranty implied by a Commonwealth, State or Territory Act or Ordinance, rendering void or prohibiting such exclusion, limitation, restriction, or modification.
9. If any of these terms or conditions is or becomes for any reason wholly or partly invalid that term or condition shall to the extent of the invalidity be severed without prejudice to the continuing force and validity of the remaining conditions.
10. In the case of a Trust Company we acknowledge that the Trustee shall be liable on the account and that in addition the assets of the trust shall be available to meet payment of the account.
11. Change of ownership — Registered Particulars. The Customer shall no later than 14 days prior to any proposed changes of ownership, change in Registered Particulars, alteration, addition to the shareholding or directorship, notify the Supplier of the proposed change and the Customer shall notify the Supplier of any change, alteration or addition to the Customer’s internal structure and shall provide full details of the proposed change, alteration or addition, to the Supplier and the Customer shall be liable for any goods supplied by the Supplier after such change, alteration or addition unless the Supplier shall have acknowledged by writing acceptance of the intending change, alteration or addition.
12. The Customer hereby charges the land upon which the goods are situated or the work carried out and other land owned or in the future acquired by the Customer from time to time and the Customer agrees immediately upon being required by the Supplier to enter into a mortgage to be prepared by the Supplier’s solicitors on the terms and conditions as the Supplier’s solicitors shall think fit to secure any sum due hereunder and the customer further agrees and permits and authorises the supplier to register a caveat over any land now owned by the Customer or in the future acquired by the Customer to secure any sum due hereunder at any time during the continuance of the Agreement.
13. Privacy Act. Acknowledgement that credit information may be given to a credit reporting agency, the Customer understands that section 18E (8)(c) of the Act allows the Supplier to give a credit reporting agency certain personal information about the Customer. The information which may be given to an agency is covered by section 18E (1) of the Act and includes: Particulars to identify the Customer. The fact that the Customer has applied for a credit and the amount. The fact that the Supplier is a credit provider to the Customer. Payments which become overdue more than 60 days. Advice that payments are no longer overdue. Cheques of $100 or more drawn by the Customer which a Bank has dishonored more than once. In specified circumstances, that in the opinion of the Supplier the Customer has committed a serious credit infringement. That the credit provided to the Customer by the Supplier has been discharged.
14. Authority for the Supplier to obtain certain credit information. To enable the Supplier to assess the Customer application for commercial or personal credit, the Customer authorises the Supplier as follows: If asked to provide commercial credit, to obtain from a credit reporting agency a credit report containing personal credit information about the Customer. This is in accordance with section 18K (1)(b) of the Act. If asked to provide personal credit to use a credit report containing information about the Customer’s commercial activities or commercial creditworthiness from a business which provides information about the commercial creditworthiness of a person. This is in accordance with section 18L (4) of the Act.
15. Authority to exchange information with other credit providers. In accordance with section 18N (1)(b) of the Act, the Customer authorises the Supplier to give to and receive from the credit provider named overleaf or that may be named in a credit report issued by a credit reporting agency, information in the supplier’s possession or the other credit provider’s possession about the Customer’s creditworthiness, credit standing, credit history and credit capacity. The Customer understands the information may be used to: (a) Assess an application for credit by the Customer. (b) Assist the Supplier in avoiding default on the Customer’s credit obligations. (c) Notify other credit providers of a default by the Customer. (d) Assess Customer’s creditworthiness.

Collection notice. MEGAFIX Pty Ltd collects the information on this form — including company details, directors' and guarantor's details, bank details, trade references and your electronic signature — to assess and manage your credit application. It is stored securely (bank details and signatures are encrypted) and is accessible only to authorised MEGAFIX staff. We may disclose credit information to credit reporting bodies and other credit providers as set out in the terms above. You can access or correct your information, or make a complaint, via accounts@megafix.com.au. See our Privacy page for details.