A Mark Group

78 www.amarkgroup.com.au TERMS & CONDITIONS by the Customer to Supplier. (ii) Agrees to indemnify Supplier on demand for all costs and expenses, including legal costs and expenses on a solicitor / client basis, associated with the; 1. Registration or amendment or discharge of any Financing Statement registered by or on behalf of Supplier; and 2. enforcement or attempted enforcement of any Security Interest granted to Supplier by the Customer. (iii) Agrees that nothing in sections 130 and 143 of the PPSA will apply to these Terms or the Security under these Terms;. (iv) Agrees to waive its right to do any of the following under the PPSA: 1. Receive notice of removal of an Accession under section 95; 2. Receive notice of an intention to seize Collateral under section 123; 3. Object to the purchase of the Collateral by the Secured Party under section 129; 4. Receive notice of disposal of Collateral under section 130; 5. Receive a Statement of Account if there is no disposal under section 132(4); 6. Receive a Statement of Account under section 132(3)(d) following a disposal showing the amounts paid to other Secured Parties and whether Security Interests held by other Secured Parties have been discharged. 7. Receive notice of retention of Collateral under section 135; 8. Redeem the Collateral under section 142; and 9. Reinstate the Security Agreement under section 143. f) All payments received from the Customer must be applied in accordance with section 14(6)(c) of the PPSA. 12. WARRANTY a) All warranties, condition and representations, whether express or implied other than any express warranty stated by the Supplier in writing, are hereby expressly negatived and excluded except in circumstances where the Supplier is by law unable to exclude or limit its liability, provided that where the Customer is a consumer for the purpose of the Competition and Consumer Act (“CCA”) but the Goods are not ‘Consumer’ Goods for the purposes of the CCA the liability of the Supplier shall be limited as determined by the Supplier to any one or more of the following: (i) The replacement of the Goods or the supply of equivalent Goods. ii) The payment of the costs of replacing the Goods or acquiring equivalent Goods. b) No claim of any nature whatsoever (other than relating to Warranty) will be recognized unless made within seven (7) days delivery. All freight costs involved in returning Goods must be paid by the Customer. A copy of the invoice evidencing sale to the Customer is to be included with the Goods. 13. MISCELLANEOUS a) These Terms may only be varied with the consent in writing of the Supplier. Supplier may vary these terms from time to time and any such variation shall be effective after notification to Customer and in respect of all orders for Goods placed thereafter. b) If any of these Terms (or part thereof) to any extent be held by any court of competent jurisdiction to be ineffectual, invalid or unenforceable, the remaining Terms (or parts thereof) shall not be affected thereby and shall remain in full force and effect. c) Headings shown in these Terms are for ease of reference only and shall not affect the meaning of any clause.

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