acts to give effect to the provisions of this clause 6 including, but not limited
to, signing any document on the Client's behalf.
a. Personal Property Securities Act 2009 ("PPSA")
In this clause financing statement, financing change statement, security
agreement, and security interest has the meaning given to it by the PPSA.
1.1 Upon assenting to these terms and conditions in writing the Client
acknowledges and agrees that these terms and conditions constitute a
security agreement for the purposes of the PPSA and creates a security
interest in all Goods that have previously been supplied and that will be
supplied in the future by the Provider to the Client.
1.2 The Client undertakes to:
(a) promptly sign any further documents and/or provide any further
information (such information to be complete, accurate and up-to-date
in all respects) which the Provider may reasonably require to;
i. register a financing statement or financing change statement in
relation to a security interest on the Personal Property Securities
Register;
ii. register any other document required to be registered by the
PPSA; or
iii. correct a defect in a statement referred to in clause 0(a)i or 0(a)ii;
(b) indemnify, and upon demand reimburse, the Provider for all expenses
incurred in registering a financing statement or financing change
statement on the Personal Property Securities Register established by
the PPSA or releasing any Goods charged thereby;
(c) not register a financing change statement in respect of a security
interest without the prior written consent of the Provider;
(d) not register, or permit to be registered, a financing statement or a
financing change statement in relation to the Goods in favour of a third
party without the prior written consent of the Provider;
1.3 The Provider and the Client agree that sections 96, 115 and 125 of the
PPSA do not apply to the security agreement created by these terms and
conditions.
1.4 The Client waives their rights to receive notices under sections 95, 118,
121(4), 130, 132(3)(d) and 132(4) of the PPSA.
1.5 The Client waives their rights as a grantor and/or a debtor under
sections 142 and 143 of the PPSA.
1.6 Unless otherwise agreed to in writing by the Provider, the Client waives
their right to receive a verification statement in accordance with section 157
of the PPSA.
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