GUTTER CARE TERMS OF TRADE8. Personal Property Securities Act 1999
8.1 For the purposes of the Personal Property Securities Act 1999
("PPSA") the Customer agrees these conditions constitute and create a Security
Agreement. The Customer grants a Security Interest in favour of GutterCare in
all the Customer's present and after acquired personal property and other goods
or services supplied to the Customer by GutterCare and all proceeds and accounts
receivable in relation to that inventory (which present and after acquired
inventory is hereinbefore and hereinafter referred to as "Goods and Services")
to secure the payment by the Customer to GutterCare of all amounts the Customer
may owe GutterCare from time to time and at any time in respect of such Goods
8.2 GutterCare may at its discretion and in such manner as GutterCare determines allocate payments made by the Customer for all and any Goods and services.
8.3 Until payment is made to GutterCare the Customer agrees to store the Goods in a manner which permits them to be easily identified as per Clause 4.1(b) above.
8.4 To the extent permitted by Law if the Customer defaults under these conditions or under any other payment obligation to GutterCare then :
(a) Each Security Interest created in favour of GutterCare will become immediately enforceable; and
(b) GutterCare may, at any time, by notice to the Customer declare all or any part of the monies owing to GutterCare to be due and payable immediately upon demand or at such later date as GutterCare may specify in writing; and
(c) GutterCare may:
(i) Take possession of and either sell or retain the Goods; and
(ii) Obtain expenses incurred in the exercise of any such powers until the revenue from or proceeds of realisation of the Goods; and
(iii) Under Sections 133 and 134 of the PPSA to reinstate the Security Agreement; and
(iv) To receive a copy of the verification statement or financing change statement relating to GutterCare's security interest.
8.5 The Customer shall give written notice to GutterCare immediately upon any change of name of the Customer.
8.6 On being requested by GutterCare the Customer shall promptly do all things including signing any documents (and providing all information necessary to enable GutterCare to perfect and maintain the perfection of any and each security interest granted to GutterCare by the Customer (including by registration of the financing statement).