COnDITIOns Of sALE
(c) 6.9
The Customer as beneficial owner charges in favour of ARC all of its interest in all of the present and future real property of the Customer as security for the due and punctual payment of all debts and monetary liabilities owed by the Customer to ARC pursuant to a contract on or including the terms of these Conditions, including the Amount Payable. The Customer acknowledges that ARC has a caveatable interest in any real property owned by the Customer and consents to ARC lodging a caveat to note its interest.
6.10
Upon demand by ARC, the Customer agrees to immediately execute a mortgage on terms satisfactory to ARC to more particularly describe the security interest conferred by this clause.
6.11
Should the Customer fail within a reasonable time of such demand to execute such mortgage or should the Customer be in default of any of its obligations under the contract, then the Customer irrevocably appoints ARC and each of its authorised officers, jointly and severally, as its attorney with authority to do on its behalf any thing that it may lawfully authorise an attorney to do including, without limitation, to make, sign, execute, seal, register and deliver any document and to take possession of, use, sell or otherwise dispose of any property of the Customer, including real property, and the Customer ratifies all acts and things done by ARC and its authorised officers in exercising this power of attorney. A third party may rely on a certified copy of these Conditions as evidence of ARC’s appointment as the Customer’s attorney.
6.12
The Customer grants a security interest in the Goods to ARC to secure payment of the Amount Payable. The security interest:
6.13
7
7.2
66
(a)
extends to and continues in all proceeds, Accessions and Processed Goods; and
(b)
is a purchase money security interest to the extent to which it secures payment of that part of the Amount Payable which comprises the aggregate unpaid purchase price of Goods.
The Customer must not do or permit anything to be done that may result in the purchase money security interest granted to ARC ranking in priority behind any other security interest.
PPSA 7.1
8
suspend performance under or terminate, in either case without ARC incurring liability to the Customer, any contracts in force between ARC and the Customer, not being contracts for the sale or supply of Goods.
The Customer: (a)
waives its right under section 157 of the PPSA to receive a copy of the verification statement verifying registration of a financing statement or a financing change statement relating to a security interest created under the Contract; and
(b)
contracts out of its rights to receive any other notice or statement under any other provision of the PPSA (including for the avoidance of doubt, any of the provisions specified in clause 7.2).
To the fullest extent permitted by the PPSA, the parties agree to contract out of the following provisions of the PPSA: sections 95, 117, 118, 120, 121(4), 125, the second sentence of section 126(2), sections 129(2), 129(3), 130, 132(3) (d), 132(4), 135, 142 and 143, which sections (or parts of sections) do not apply to the contracts between the Customer and ARC.
Limiting Liability 8.1
These Conditions set out the entire agreement between the parties in relation to their subject matter. The terms of the United Nations Convention on Contracts for the International Sale of Goods, 1980 (the Vienna Convention) and all other terms or conditions in relation to the subject matter of these Conditions, whether implied by use, statute or otherwise, are expressly excluded.
8.2
No statement or recommendation made or advice, supervision or assistance given by ARC, its employees, agents, transport contractors or representatives whether oral or written must be construed as or constitutes a warranty or representation by ARC or a waiver of any clause in these Conditions. ARC is not liable for loss or damage arising directly or indirectly from any act or omission to act arising directly or indirectly from any such statements, recommendations, advice, supervision or assistance.
8.3
Subject to clauses 3.6 and 8.4, ARC is not liable for any loss or damage, however caused (including, but not limited to, by the negligence of ARC), suffered by the Customer in connection with a supply of Goods or Services under these Conditions.
8.4
If the CCA or any other legislation implies a condition or warranty into these Conditions in respect of goods or services supplied, and ARC’s liability for breach of that condition or warranty may not be excluded but may be limited, clause 8.3 does not apply to that liability and instead ARC’s liability for any breach of that condition or warranty is limited to:
131 557 arcreo.com.au