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1.1.Under this agreement, we agree to make the financed item
available to you on the date of the order, provided that all conditions
precedent have been met in any form and substance satisfactory to us.
2.1.In consideration to making the item available to you
on credit, you agree to:
a) Pay us the installments on the date
and in the amounts specified in the repayment schedule.
b) Without limiting the above, repay the
Amount Outstanding in full on the maturity date.
2.2. You agree that each payment, will to the extent
permitted by law, be made without set-off, deduction or counter claim and free
from any restriction or condition. Each payment must be immediately made in and
to the Bank account nominated by us.
3.1.You may make a full repayment of the Amount
Outstanding at any time. In addition, we may at our sole discretion pay you and
early repayment fee in the form of cash or electronic coupons.
4.1.If you fail to pay any amount owing us as required,
interest will accrue (both before and after judgment and without the need for
demand or notice) on such amount at the Default Rate (compounded monthly) until
payment is received by us.
5.1.You agree to:
(a) Comply with all consents and
obligations binding on you by law, contract or otherwise (including in relation
to the use, operation, possession and location of the financed item)
(b) Keep the financed item properly
serviced and in good order and condition.
(c) Comply with all the instructions and
recommendations of the manufacturer of the item financed.
(d) Promptly repair or bear the repair
charges of any financed item that has been damaged under the period of a
6.1.An Event of Default occurs under this agreement if:
a) You fail to pay any moneys payable on
b) You fail to observe or perform any
other term of this Document
c) You become bankrupt or go into
d) You die or otherwise become
physically or mentally incapacitated.
6.2. If an Event of Default occurs:
a) We can, subject to any applicable
law, without prior notice take any or all of the following actions:
1. Call up and demand payment of the
Amount Outstanding, even if not due.
2. Take possession of the financed item
or sell or otherwise dispose the financed item in such manner and on such terms
as we may determine.
3. Appoint any person or persons to be a
Receiver of all or any part of the financed item.
6.3.For the purpose of this clause 6, you authorize us to:
a) Enter into and if necessary break
into any land, buildings or premises occupied by you where the item financed
b) Enter upon any other land, building
or premises which you might enter upon and where any item financed may be; and
Search for, remove and take possession of any
item financed without being liable in any way to you or to anyone claiming
under you for so doing.