PacLease Laverton Rental Application

1. Definitions
1.1 In this agreement:
“we”, “us” and “Lessor” means PacLease a division of PACCAR Financial Pty Ltd ABN 11 005 592 049; and
“you” means the company, sole trader or partnership purchasing the goods; and
“goods” means any item whatsoever supplied by us to you (including by not limited to motor vehicles, motor vehicle parts and/or accessories, toll charges, fuel charges, Adblue charges and any charges related to the rental, use or damage to PacLease vehicles or equipment)

2. Warranty of Correctness of Information
2.1 You warrant that all information supplied in this application is true and correct.
2.2 You also authorise us to contact your bank, accountant, and other people not listed in this application as references but whom we know or reasonably suspect that you have had dealings with in order to determine if we will give you credit. We do not have to tell you what they tell us.
2.3 If we require further information after we have made those enquiries:
2.3.1 you may agree to provide it within a reasonable time; or
2.3.2 you may refuse to provide it and withdraw your application.
2.4 If we agree to give you credit, we will inform you of your credit limit.

3. Applicability of Conditions
3.1 If we agree to give you credit, each transaction with us is to be on the following terms and conditions.
3.2 We may change the terms and conditions and upon written notice to you of the changes, you will be bound by thechanged terms in respect of all subsequent transactions.
3.3 You agree that we may refuse credit to you without reason, and cancel all credit facilities granted to you without notice and without giving a reason.
3.4 You must inform us in writing immediately of any change in the proprietors or directors of your business.

4. Privacy Act
PRIVACY ACT 1988 (“Act”) This Act regulates the way credit providers obtain and use personal information provided by their customers. You should read carefully the notices and agreements below which are about how PACCAR Financial (“PFPL”) may use the information provided by you in relation to the application for commercial credit made by the borrower (“borrower’s application”) and what information PFPL may obtain or provide about you in assessing the borrower’s application.
4.1 Notice that your credit information may be given to a credit reporting agency. Under the Act, PFPL is allowed to give a credit reporting agency personal information about you. The information which may be given to an agency includes:

• identity particulars (including name, sex, date of birth, residential addresses, employer and driver’s licence details);
• if you are applying for credit, the fact that you have applied for commercial credit and the amount;
• if you are offering to be a guarantor, the fact that you have offered to act as guarantor(s); or
• if applicable, that in the opinion of PFPL you have committed a serious credit infringement.

5. Risk and Delivery
5.1 You are responsible for any loss, damage or deterioration to the goods once you take possession. You should get insurance to cover this risk.
5.2 Delivery will be at our place of business. You will be responsible to arrange and pay for freight from our place of business. We can help you to arrange freight if you wish. We will not do so unless you request it.

6. Payment for Goods
6.1 When we sell goods to you, we will tell you the price which is exclusive of goods and services tax, if applicable.
6.2 Goods are not supplied on a sale or return basis. The minimum fee for all rental vehicles is 1 day fixed charges. Subject to these terms, once we accept your order, you are obliged to take the goods although property in the goods is yet to pass to you. We reserve the right to charge the minimum 1 day rental fixed charges for all
confirmed reservations that are cancelled.
6.3 Any agreement to waive the minimum rental period must be in writing and signed by us.
6.4 You must pay for the goods supplied within 30 days from end of month of the date of invoice, unless otherwise
noted on individual invoices.
6.5 We will charge you a fee of $40 if your credit card, EFT or Direct Debit payment is dishonoured for any reason.
6.6 Payment becomes immediately due if:

1. you commit any act of bankruptcy;
2. a meeting of your creditors is called;
3. a mortgagee or mortgagee’s agent takes possession of any of your assets;
4. a receiver of any of your assets is appointed;
5. you go into voluntary administration; or
6. a petition to bankrupt or liquidate you is issued.

6.7 Until an overdue payment is paid, you have to pay interest on it at 12% per annum, or the maximum allowable per law, whichever is greater.
6.8 You must pay us any and all costs and expenses incurred, or which will be incurred by us, in respect of any
action for recovery of monies or repossession of goods, including but not limited to debt collector’s fees, agent
fees, solicitor fees (on a full indemnity basis) and fees of other parties acting on behalf of us.
6.9 If you choose to pay using a credit card we may elect to charge a processing fee.
6.10 You authorise PacLease to charge you for all rental charges, including future electronic toll charges, fuel and Adblue charges, and damage charges, to your nominated credit card.

7. Security
7.1 In consideration of us agreeing to sell goods to you and extend you credit, you charge in our favour all your
estate and interests in any land which you now have or may later acquire and any other asset or trust asset with
payment of all monies owed to us by you.

8. Returns Policy
8.1 The following goods are not “returnable” when purchased from PacLease:

1. Goods marked “non-returnable”;
2. Electrical goods (unless they are faulty); or
3. Parts procured from outside suppliers that are not returnable, unless we give prior approval.

8.2 Electrical items will not be accepted for credit.
8.3 We may consider, but are not obliged to allow goods to be returned for credit which are not detailed in clauses 8.1 and 8.2 above, if:

1. the goods are returned in good and reasonable condition;
2. you first pay all freight and other charges to deliver the goods to us; and
3. you first provide us with the original invoice number and date of supply;

8.4 We will not accept any return of goods unless our prior approval has been obtained in writing.

1. We will not allow credits for any freight and delivery fees.
2. We may issue a credit note after we have inspected the goods and found them satisfactory. If we decide not to issue a credit note, we will inform you and make the goods available at our premises for you to
   collect.
3. Any claims for damaged goods or short deliveries must be made to us in writing within 24 hours of the goods being delivered to you.

9. Retention of Title & PPSA
9.1 For the purpose of this clause 9:
“PPSA” means the Personal Property Securities Act 2009 (Cth);
“PPS register” means the Personal Property Securities Register;
“purchase money security interest”, “registration commencement time” “security interest”; and “verification statement” all have the meanings given by the PPSA.

You acknowledge that you will be entering into Rental Agreements with PacLease as the Lessor and these Agreements creates a security interest. You consent to the Lessor effecting a registration on the Personal Property Security Register (in any manner the Lessor considers appropriate) in relation to the security interest arising under or in connection with various Rental Agreements, and You agree to provide all assistance required by the Lessor to facilitate the registration. You acknowledge and agree that in relation to the part of the secured property that is inventory, You will not allow any security interest to arise in respect of that secured property unless the Lessor has perfected the security interest in the secured property prior to the Your possession of the secured property. Further, notwithstanding any other provision of this Agreement or otherwise, You acknowledge and agrees that the PacLease Rental Agreement does not give You any security interest in the Vehicle(s) and the You agree not to claim any interest in the Vehicle(s) nor make any registration or notification on the PPS register or otherwise without the prior written consent of the Lessor in each case, which consent may be granted or withheld in the Lessor’s absolute discretion.

If chapter 4 of the Personal Property Securities Act 2009 (Cth) applies to the enforcement of the security interest arising under or in connection with this Agreement the Renter agrees:

1. to the extent that s115(1) of the PPSA allows this, the following provisions of the PPSA will not apply to the enforcement of that security interest:
   1. s95 to the extent that it requires the Lessor to give a notice to You;
   2. s96;
   3. s121(4);
   4. s125 (obligation to dispose of or retain collateral);
   5. s130 to the extent that it requires the secured party to give notice to You; (v) ss132(3)(d);
   6. ss132(4);
   7. s142; and
   8. s143 (reinstatement of security agreement); and
2. to the extent that s115(7) of the PPSA allows this, the following provisions of the PPSA will not apply to the enforcement of that security interest:
   1. s127;
   2. s129(2) and (3);
   3. s132;
   4. s134(2);
   5. s135;
   6. s136(3), (4) and (5); and
   7. s137.

If You make payments to the Lessor at any time whether in connection with these terms or otherwise, the Lessor may in its absolute discretion apply that payment in any manner it sees fit.

You agree to immediately notify the Lessor of any changes to its name or address.

You agree to do anything that the Lessor requests You to do (such as obtaining consents, signing and producing documents, producing receipts and getting documents completed and signed):

1. to provide more effective security over the secured property;
2. to register in respect of a security interest constituted by these Terms at any time;
3. to enable the Lessor to exercise its rights in connection with the secured property; and
4. to show the Lessor whether You have complied with these Terms.

You will pay on demand any losses arising from, and any costs and expenses incurred in connection with, any action taken by the Lessor under or in relation to the PPSA, including any registration, or any response to an amendment, demand or a request under s275 of the PPSA.
Any notices or documents which are required or permitted to be given to the Lessor for the purposes of the PPSA must be given in accordance with the PPSA.

You waive the right to receive any notice under the PPSA (including notice of a verification statement) unless the notice is required by the PPSA and cannot be excluded.

10. Trustees
10.1 If you are the trustee of a trust (whether disclosed to us or not), you warrant to us that:

1. you enter into this agreement in both your capacity as trustee and in your personal capacity;
2. you have the right to be indemnified out of trust assets;
3. you have the power under the trust deed to sign this agreement; and
4. you will not retire as trustee of the trust or appoint any new or additional trustee without advising us.

10.2 You must give us a copy of the trust deed upon request.

11. General and Miscellaneous Terms
11.1 You agree these terms and conditions represent the entire agreement between us and supersede all previous agreements, excluding individual PacLease Rental Agreements that are subsequently executed. No term set out in your order forms or other documentation will affect these terms. You agree all conditions, warranties or other terms implied by statute or common law are expressly excluded to the fullest extent permitted by law.
11.2 You agree our liability to you for any breach of any implied terms not excluded by clause 11.1 will be limited (at our option) to the replacement or repair or payment of the cost of replacement or repair of the relevant goods.
11.3 To the fullest extent permitted by law, you agree we will not be liable to you for loss of profit or other economic loss, direct or indirect or consequential loss, special, general or other damages or other expenses or costs arising out of a breach of contract or any common law duty (including negligence) by us, our agents or employees.
11.4 In these terms reference to a person includes a corporation, and the singular includes the plural and the other way around.
11.5 A reference to you (the customer) includes your servant, agent, partner, contractor or employee.
11.6 If there is more than one of you, all of you are jointly and severally bound by these terms.
11.7 The law of Victoria governs these terms and any legal action relating to them must be brought in Victorian Courts.
11.8 Both parties can give each other a written notice under this agreement at the addresses set out on the front page, by personal delivery, post, facsimile transmission or electronic mail.