Standard Terms and Conditions for the provision of goods and services
Please read these Terms carefully as they contain important information regarding the Customer’s rights and obligations under this agreement and their dealings with Monastery Coffee Pty Ltd.
These terms and conditions are used by all customers of Monastery Coffee Pty Ltd (ACN 164 612 597) including Credit Account Customers and these Terms are to be read together with the Credit Application & Security Agreement (if applicable).
In these terms and conditions:
1.1. Credit Account Customers means - see clause 8.2.3.
1.2. Credit Application & Security Agreement means the credit application and security agreement of Monastery Coffee.
1.3. Customer means the person, firm or organisation entering into, or that has entered into, a contract, transaction or arrangement to obtain Goods from MONASTERY COFFEE or its agents as specified in any invoice, document or Customer Order.
1.4. Customer Order means each tax invoice, quotation, order or other paperwork provided by MONASTERY COFFEE to the Customer which describes the Goods or services to be provided by MONASTERY COFFEE to the Customer.
1.5. Equipment means the coffee making and brewing equipment and accessories provided by MONASTERY COFFEE to the Customer.
1.6. Goods means the goods, products, materials or the Equipment provided by MONASTERY COFFEE to the Customer, and includes equipment and goods described in a Customer Order.
1.7. MONASTERY COFFEE means Monastery Coffee Pty Ltd (ACN 164 612 597) and includes its successors and permitted assigns and any person acting on behalf of and with the express authority of the company.
1.8. PPS Act means - see clause 22.1.
1.9. Site means the place or places where the Customer carries on business or where the Equipment is stored from time to time.
1.10. Terms means the terms and conditions set out in these standard terms and conditions, including such other terms agreed by MONASTERY COFFEE and the Customer in writing.
1.11. if there is more than one Customer, these Terms bind them jointly and each of them severally;
1.12. nothing in these Terms constitutes a relationship of employer and employee, partnership, principal and agent, or joint venture between the parties.
1.13. the whole or any part of any clause of these Terms that is illegal or unenforceable will be severed from these Terms and will not affect the continued operation of the remaining provisions of these Terms. A waiver only affects the particular obligation or breach for which it is given. It is not an implied waiver of any other obligation or breach or an implied waiver of that obligation or breach on any other occasion.
1.14. the failure of a party at any time to insist on performance of any obligation under these Terms is not a waiver of its right to insist on performance of that obligation or to claim damages unless that party acknowledges in writing that the failure is a waiver.
1.15. a right, power, authority, discretion or remedy created or arising upon a breach of or default under these Terms is not waived by any failure or delay in the exercise, or a partial exercise, of that or any other right, power, authority, discretion or remedy
1.16. the Customer agrees to notify MONASTERY COFFEE in writing at least fourteen (14) days prior to any change whatsoever in ownership structure and, further, indemnifies MONASTERY COFFEE against any loss or damage that may result from the Customer’s failure to notify MONASTERY COFFEE of any such change.
The Terms apply to each contract, transaction or arrangement arising in respect of the supply of Goods or services by MONASTERY COFFEE to the Customer. These Terms supersede any previous written or oral agreements or understandings (if any) entered into between MONASTERY COFFEE and the Customer in connection with the supply of Goods or services.
3. Offers and Acceptance
3.1. These Terms constitute the entire agreement between the parties regarding the supply of Goods or services, unless otherwise agreed in writing between the parties.
3.2. These Terms take precedence over any terms and conditions which may be contained in any document provided by MONASTERY COFFEE.
3.3. In acceptance of the Customer Order, the Customer warrants that it has not relied on any representation by MONASTERY COFFEE other than as supplied in writing in the order.
3.4. MONASTERY COFFEE may in its absolute discretion agree to provide credit to the Customer on terms set out in MONASTERY COFFEE’s Credit Application and Security Agreement documentation. The Customer is deemed to have accepted any credit terms set out in MONASTERY COFFEE’s Credit Application and Security Agreement documentation where they place any further orders after the initial execution of those terms.
3.5. MONASTERY COFFEE may in its absolute discretion require the Customer to complete a deed of guarantee and indemnity before suppling Goods or undertaking services.
4.1. In the event of an increase in supply costs, wages or changes in exchange rates, duties or like charges incurred by MONASTERY COFFEE in respect of undertaking services or the supply of Goods to the Customer, MONASTERY COFFEE may vary the quoted price provided to the Customer at any time by giving notice by any means to the Customer to take into account and recover from the Customer the increase in supply costs, wages or changes in exchange rates, duties or like charges that MONASTERY COFFEE has incurred, or is likely incur.
4.2. Unless otherwise expressly stated, the quoted price for Goods excludes the costs of transportation of any good to the Customer's point of delivery.
5. Delivery and Supply of Goods
5.1. Delivery of any Good occurs when the Good is delivered by MONASTERY COFFEE to the Customer or its agent, or to a storage location designated by the Customer, unless otherwise agreed in writing between the parties.
5.2. Delivery dates of Goods are estimates only. MONASTERY COFFEE will not be liable for any loss for failure to deliver Goods by the date stated by MONASTERY COFFEE.
5.3. The Customer must promptly supply MONASTERY COFFEE with all information necessary to deliver the Goods.
5.4. Notwithstanding Retention of Title provisions as per Clause 19 hereof, the risk in Goods purchased will pass to the Customer upon delivery to the Customer or its agent.
5.5. If for any reason the supply of Goods is reduced or delay for any reason MONASTERY COFFEE may without liability to the Customer delay or cease delivery, or restrict the supply, of any Good to the Customer and the Customer acknowledges that MONASTERY COFFEE is not liable for such delay or restriction.
6. Insurance of Goods
6.1. The Customer must insure the Goods to their full insurable value against loss or damage by fire burglary theft lightning explosion earthquake riot impact of vehicles water damage flood consequential loss and such other insurable risks as MONASTERY COFFEE may reasonably require and notify the Customer.
6.2. The Customer must also obtain insurance for loss and other consequential losses arising from breakdown of Equipment.
6.3. If requested at any time by MONASTERY COFFEE, the Customer must produce receipts, insurance certificates or other evidence of payment of the premiums or other fees.
6.4. If requested at any time by MONASTERY COFFEE, the Customer must make an insurance claim if that claim may benefit any loss suffered by MONASTERY COFFEE. The Customer must pass on any benefit obtained from that insurance claim to MONASTERY COFFEE to cover any loss suffered by MONASTERY COFFEE.
6.5. The Customer must indemnify MONASTERY COFFEE and keep MONASTERY COFFEE indemnified from and against any liability and any loss or damage MONASTERY COFFEE may sustain as a result of a breach of this clause 6.
7.1. The Customer must (at its cost) maintain and service the Equipment to the satisfaction of MONASTERY COFFEE (acting reasonably) and the Customer must follow any cleaning or maintenance program or process directed by MONASTERY COFFEE.
7.2. The Customer must (at its cost) repair or fix Equipment caused by unauthorised servicing, extraordinary wear and tear, alteration, tampering with parts, misuse, negligence, fire, theft, loss or damage.
7.3. The Customer must not during remove the Equipment from the Site in which the Equipment was initially delivered or installed without the prior written consent of MONASTERY COFFEE.
7.4. Except as required by law, MONASTERY COFFEE will not be liable for any direct, indirect, consequential or incidental damage to the Customer's business or property or for injuries to any person which may result from the use of the Equipment or Goods.
8.1. The Customer must, within the time specified in the Customer’s Customer Order pay MONASTERY COFFEE the total amount set out in the invoice in full and with no deduction or set-off. If no time is specified with the Customer Order or invoice delivered to the Customer, payment of the amount specified in the Customer Order is payable within 7 days from delivery of the Goods.
8.2. At MONASTERY COFFEE’s sole discretion:
8.2.1. a deposit or deposits may be required prior to the Goods being delivered.
8.2.2. MONASTERY COFFEE may require the Customer to pay in cash.
8.2.3. MONASTERY COFFEE may agree to supply credit to customers in accordance with MONASTERY COFFEE’s Credit Application and Security Agreement documentation (Credit Account Customers).
8.3. If a deposit is so requested by MONASTERY COFFEE the Customer acknowledges MONASTERY COFFEE is under no obligation to supply Goods until the deposit is received by MONASTERY COFFEE in full.
8.4. Where payments are made by:
8.4.1. EFT (Electronic Funds Transfer) directly to MONASTERY COFFEE’s bank account - no surcharge will apply;
8.4.2. Mobi2Go - a surcharge rate of 1.75% plus 25c per transaction will apply; and
8.4.3. any other means - as notified by MONASTERY COFFEE from time to time.
8.5. MONASTERY COFFEE may from time to time vary the surcharge rates for payments referred to in clause 8.4 by notice in writing to the Customer.
8.6. Credit Account Customers are required to pay all amounts for purchases, in full and with no deduction or set-off, within 14 days from delivery of Goods made to that Credit Account Customer or its agent.
8.7. In the event that the Customer (including a Credit Account Customer) fails to make any payment by the due date, all monies owing to MONASTERY COFFEE will become immediately due and payable, and MONASTERY COFFEE may in its discretion:
8.7.1. refuse, change or withdraw the Credit Account for the Customer;
8.7.2. cease to provide Goods, or withhold delivery of Goods, until all monies have been paid in full;
8.7.3. exercise its rights under clause 13.
8.8. Interest on overdue amounts may be charged at a rate of 1% per calendar month or part thereof and the Customer shall be liable for, and expressly undertakes to pay, all such interest.
8.9. Should it be considered necessary by MONASTERY COFFEE to incur legal and/or other expenses, including any such expenses to any debt collection agency, in obtaining, or attempting to obtain, payment for any amount due by the Customer, the Customer will be liable for all such expenses.
8.10. Amounts received by MONASTERY COFFEE may be applied first against interest, charges and expenses.
8.11. Any payment made by or on behalf of the Customer which is later avoided by the application of any Federal or State legislation or regulation or law shall be deemed not to discharge the Customer’s indebtedness and, in such an event, the parties are to be restored to rights which each respectively would have had if the payment had not been made.
8.12. The Customer is liable for, and expressly undertakes to pay, all fees (including an Administration Fee in an amount to be set from time to time by MONASTERY COFFEE) incurred as a result of a cheque or electronic banking transaction being dishonoured for whatever reason.
9.1. Any warranty as to the Goods on the part of the Customer shall be limited to the written warranty provided by the manufacturer to the Customer on or before installation of the Good.
9.2. MONASTERY COFFEE reserves the right to make null and void the warranty should the Goods be modified, altered, damaged or put to any undue stress other than in the way the Goods were designed to perform.
9.3. MONASTERY COFFEE warrants that Goods supplied shall be of merchantable quality provided that the Goods are used for their intended purpose. Where the Good is used contrary to any reasonable instructions provided by MONASTERY COFFEE the warranty is excluded.
9.4. Without limiting clause 9.3, and to the extent permitted at law, MONASTERY COFFEE expressly excludes all statutory warranties including but not limited to all warranties relating to title, defects or conformity of the Goods.
9.5. Notwithstanding any other provision of these Terms, MONASTERY COFFEE is in no circumstances (whatever the cause) liable in contract, tort including without limitation, negligence or breach of statutory duty or otherwise to compensate the Customer for:
9.5.1. any increased costs or expenses;
9.5.2. any loss of profit, revenue, business, contracts or anticipated savings;
9.5.3. any loss or expense resulting from a claim by a third party; or
9.5.4. any loss or damage, including any consequential loss or damage, arising from any delay in delivery or failure to deliver any Goods or service, either whole or in part, due to circumstances beyond MONASTERY COFFEE’s control or for any other reason in connection with these Terms.
9.6. MONASTERY COFFEE does not give and the Customer acknowledges that the Customer does not rely on any warranty, representation or undertaking as to the fitness, quality, condition or suitability of the Goods for the Customer’s intended use of those Goods or any other purpose.
10. Intellectual Property Indemnity
10.1. All intellectual property created by or on behalf of MONASTERY COFFEE in relation to the supply of the Goods by MONASTERY COFFEE will be and remain the sole property of MONASTERY COFFEE. The Customer does not acquire any rights in MONASTERY COFFEE’s intellectual property under these Terms, other than the right to use such intellectual property within its business, and will not exploit, replicate, reverse-engineer or use for any other purpose MONASTERY COFFEE’s intellectual property or any materials or documents in which the intellectual property is recorded.
10.2. The Customer acknowledges that all technical information, advice, know-how, drawings, designs and samples submitted to the Customer by MONASTERY COFFEE are confidential and the proprietary information of MONASTERY COFFEE. The Customer will keep all such information secret and confidential and will not disclose it or any part thereof to any person without the express written authority of MONASTERY COFFEE.
11. Marketing materials
The Customer grants to MONASTERY COFFEE the right to:
11.1. take photographs, film, videotape or other images of the Goods located at the Customer's premises, and to use, reproduce, publish, edit, modify, dispose of or otherwise deal with those images; and
11.2. reproduce and publish the Customer's name and trademarks, and disclose the fact that MONASTERY COFFEE has provided Goods to the Customer.
12.1. The Customer must keep confidential all confidential information (Confidential Information) of MONASTERY COFFEE that comes into the Customer's possession or control in connection with these Terms or otherwise (including without limitation the intellectual property and proprietary information referred to in clause 10).
12.2. The obligations of confidentiality under these Terms do not extend to information that:
12.2.1. is rightfully known to or in the possession or control of the Customer and not subject to an obligation of confidentiality;
12.2.2. is public knowledge (otherwise than as a result of a breach of these Terms); or
12.2.3. is required by law to be disclosed.
12.3. The Customer must promptly return to MONASTERY COFFEE all Confidential Information upon request.
13.1. MONASTERY COFFEE may cancel or postpone delivery of Goods at any time before Goods are delivered by giving reasonable notice to the Customer by any means.
13.2. MONASTERY COFFEE is not be liable for any loss or damage, including any consequential loss or damage, as a result of any cancellation or postponement where reasonable notice is provided.
The Customer may not assign or transfer any of its rights or obligations under these Terms to any other person without the prior written approval of MONASTERY COFFEE which may be withheld by MONASTERY COFFEE in its absolute discretion.
15.1. These Terms will continue in force until terminated in writing by either party.
15.2. MONASTERY COFFEE may terminate these Terms with immediate effect upon written notice to the Customer if:
15.2.1. the Customer suffers an insolvency event, including if a receiver/receiver and manager, liquidator, provisional liquidator, administrator, trustee in bankruptcy or other like person is appointed, or a scheme of arrangement is proposed or approved in respect of the Customer, or a deed of company arrangement is proposed or approved in respect of the Customer, or a mortgagee enters into possession of any of the Customer’s assets or an application is made for the winding up or sequestration of the estate of the Customer;
15.2.2. the Customer breaches a term of this agreement, and fails to remedy that breach within 14 days of a written notice requiring it to do so; or
15.3. Upon termination of these Terms:
15.3.1. all monies owing to MONASTERY COFFEE will immediately become due and payable;
15.3.2. all Goods which have not been paid for by the Customer will (at its cost) immediately be returned to MONASTERY COFFEE;
15.3.3. MONASTERY COFFEE may, in its discretion ,exercise its rights under clause 19;
15.3.4. MONASTERY COFFEE will cease the supply of Goods or services;
15.3.5. the Customer will be required to reimburse MONASTERY COFFEE for all reasonable costs incurred by MONASTERY COFFEE, up until the date of termination, in connection with the supply of Goods and services up to termination.
15.4. Termination of these Terms will not affect any accrued rights or remedies any party may have as at the date of termination.
16. Force Majeure
Neither MONASTERY COFFEE nor the Customer shall be liable for any breach of any provision of any contract between them arising from an act of their respective God, natural disaster, terrorism, war or any other, specified or un-specified, occurrence beyond the control of either party.
17. Variation of Terms
17.1. These Terms may be amended or superseded from time to time by notice given by MONASTERY COFFEE by any means.
17.2. If the Customer does not agree to MONASTERY COFFEE’s proposed variations, the contract between MONASTERY COFFEE and the Customer will terminate.
17.3. Where the Customer places a further Customer Order after provision of the amended Terms, the Customer is deemed to have accepted the proposed variations.
18.1. These Terms shall be read and construed in accordance with the laws of the State of South Australia and, where applicable, the Commonwealth of Australia and the Customer submits to the non-exclusive jurisdiction of the courts of South Australia in respect of any dispute or any other matter arising out of these Terms.
18.2. Should a dispute arise between the Customer and MONASTERY COFFEE, either party may refer the dispute to mediation by the Australian Commercial Disputes Centre (ACDC) for resolution in accordance with the Guidelines for Commercial Mediation of the ACDC. Each party must bear its own costs of resolving a dispute under this clause and the parties must bear equally the costs of any appointed person and independent premises used for resolving or attempting to resolve a dispute.
18.3. If a dispute is not resolved under subclause 18.2 within 30 days, a party that has complied with this clause may terminate the dispute resolution process by giving notice in writing to the other party.
19. Retention of Title
19.1. Title in all the Goods supplied shall remain vested in MONASTERY COFFEE and shall not pass to the Customer until all monies owing to MONASTERY COFFEE by the Customer together with all collection, repossession and/or legal costs incurred have been paid in full. If any of the Goods are damaged or destroyed prior to the title passing to the Customer, MONASTERY COFFEE is entitled, without affecting any other rights and remedies under this agreement, to any insurance proceeds payable for the Goods in accordance with the PPS Act.
19.2. The Goods, whether as separate chattels or as components, and the proceeds from the use or sale of the Goods, shall be stored in such a manner as to be clearly identifiable and traceable as the property of MONASTERY COFFEE until title has passed to the Customer.
19.3. MONASTERY COFFEE may demand at any time until title has passed to the Customer that the Customer returns the Goods or any part of them.
19.4. In the event that the Customer defaults in the payment of any monies owing to MONASTERY COFFEE, MONASTERY COFFEE and its employees or agents shall have the right to enter without notice upon the Site or any other premises where the Goods are known to be stored (and the Customer must ensure that MONASTERY COFFEE has the right to enter such premises at all times) to repossess the Goods and for this purpose the Customer shall grant reasonable access rights and MONASTERY COFFEE, its employees or agents shall be entitled to do all things required to secure repossession or render inoperative such Goods or associated equipment by the removal of some component, part or device therefrom.
19.5. MONASTERY COFFEE may, without notice to the Customer, resell any Goods it repossesses under this clause. In the event that MONASTERY COFFEE repossess and sells any Goods under this clause, MONASTERY
COFFEE will repay to the Customer such amounts (if any), up to the amount paid by the Customer for the relevant Goods, remaining after deduction of all costs and expenses incurred by MONASTERY COFFEE in exercising its rights under this clause (including repossession, selling and storage costs, and revaluing the Good to ascertain its resale value). The amount payable by MONASTERY COFFEE under this clause will be reduced in accordance with any reduction in the value of the Good due to damage while in the possession or control of the Customer.
20.1. Unless specifically described as 'GST inclusive', any consideration to be paid or provided for a supply by MONASTERY COFFEE to the Customer does not include any amount on account of goods and services tax, or any similar tax applicable in Australia (GST). Where any supply is subject to GST (other than a supply the consideration for which is specifically described as 'GST inclusive'), the Customer must, at the same time and in the same manner as the GST exclusive consideration is payable or to be provided for that supply, pay to MONASTERY COFFEE an amount equal to the GST payable by MONASTERY COFFEE in respect of that supply.
20.2. Other government and council charges are in addition to prices quoted and are payable by the Customer and if paid by MONASTERY COFFEE are refundable by the Customer to MONASTERY COFFEE.
21. South Australian/Cth Legislation
21.1. The Customer warrants that the Goods are supplied by MONASTERY COFFEE to a Customer for the purposes of a business, and that the provisions of the National Credit Code contained in the National Consumer Credit Protection Act 2009 (Cth) do not apply.
21.2. If the Customer purchases any Goods from MONASTERY COFFEE for resupply as, or to incorporate any of MONASTERY COFFEE’s Goods into goods ordinarily acquired for personal household or domestic use (Consumer Goods) the Customer warrants that:
21.2.1. if a Customer supplies the Consumer Goods for resupply, the Customer will ensure that its terms and conditions of supply require the Customer’s customer (and each person in the distribution chain) to include in their supply agreements or conditions of sale obligations requiring their customers to also exclude liability for any claims under the National Credit Code; and
21.2.2. if the Customer supplies the Consumer Goods directly to an end user/consumer the Customer will do so using terms and conditions of supply which exclude liability for claims under the National Credit Code.
but only where the end user/customer acquires the Consumer Goods for business purposes.
21.3. Where the Customer purchases the Goods for resupply, the Customer indemnifies MONASTERY COFFEE to the maximum extent of the law for all claims arising from the resale and use by the Customer’s purchaser.
22. Personal Property Securities Act 2009 (Cth)
22.1. For the purpose of these Terms, as appropriate, any words contained in the subsequent clauses have the respective meanings as defined in the Personal Property Securities Act 2009 (Cth) (PPS Act) and the parties acknowledge that:
22.1.1. the Customer is the grantor,
22.1.2. MONASTERY COFFEE is the secured party;
22.1.3. the Goods, which are commercial property, are the collateral; and
22.1.4. attachment occurs on acceptance of the Customer’s Customer Order.
22.2. The Customer agrees that where the Goods are supplied on credit by MONASTERY COFFEE then:
22.2.1. the Customer charges, and agrees to charge, all of the Goods with payment of all amounts owed in accordance with these Terms;
22.2.2. the Customer confirms that the Goods are held on trust for MONASTERY COFFEE; and
22.2.3. that the Customer holds the Goods subject to the powers and rights of MONASTERY COFFEE contained or implied in these Terms and the PPS Act.
22.3. The customer acknowledges these terms give rise to a Security Interest in favour of MONASTERY COFFEE, which MONASTERY COFFEE may, in its discretion, affect a registration on the PPS Act register (in any manner MONASTERY COFFEE deems appropriate) in relation to any security interest arising under or in connection with or contemplated by these Terms.
22.4. The Customer waives its right to receive notice of a verification statement in relation to any registration by MONASTERY COFFEE on the register.
22.5. The Customer agrees to promptly execute any documents, provide all relevant information, fully cooperate with MONASTERY COFFEE and do any other act or thing that MONASTERY COFFEE requires to ensure that MONASTERY COFFEE has a perfected security interest in, and has priority over any other security interests in, the Goods or otherwise. In the event that the Customer does not provide the necessary details to complete a valid financing statement for the purposes of the PPS Act, then the Customer agrees that, until all monies owing to MONASTERY COFFEE are paid in full, it shall not sell or grant any other security interest in the Goods.
22.6. The Customer will not:
22.6.1. register a financing change statement in respect of the Security Interest; or
22.6.2. agree to or create another Security Interest in the Goods;
without MONASTERY COFFEE’s prior written consent.
22.7. If Chapter 4 of the PPS Act would otherwise apply to the enforcement of a security interest arising in connection with these terms, the Customer agrees that the following provisions of the PPS Act will not apply to the enforcement of these terms: section 95 (notice of removal of accession), to the extent that it requires MONASTERY COFFEE to give a notice to the Customer; section 96 (when a person with an interest in the whole may retain an accession); subsection 121(4) (enforcement of liquid assets – notice to grantor); section 125 (obligation to dispose of or retain collateral); section 130 (notice of disposal), to the extent that it requires MONASTERY COFFEE to give a notice to the Customer; paragraph 132(3)(d) (contents of statement of account after disposal); subsection 132(4) (statement of account if no disposal); subsection 134(1) (retention of collateral); section 135 (notice of retention); section 142 (redemption of collateral); and, section 143 (reinstatement of security agreement).
22.8. Notices or documents required or permitted to be given to MONASTERY COFFEE for the purpose of the PPS Act must be given in accordance with the PPS Act.
22.9. MONASTERY COFFEE agrees with the Customer not to disclose information of the kind mentioned in subsection 275(1) of the PPS Act except in circumstances required by paragraphs 275(7)(b)-(e).
22.10. If MONASTERY COFFEE receives any notice in relation to the Customer under section 64 of the PPS Act, all outstanding monies may, at MONASTERY COFFEE’s discretion, become immediately due and payable.
22.11. The Customer agrees to reimburse MONASTERY COFFEE, upon demand, for all costs and/or expenses incurred or payable by MONASTERY COFFEE in relation to registering or maintaining any financing statement, releasing in whole or in part MONASTERY COFFEE’s security interest or any other document in respect of any security interest.
23.1. The Customer hereby authorises MONASTERY COFFEE to collect, retain, record, use and disclose consumer and/or commercial information about the Customer, in accordance with the Privacy Act 1988 and subsequent amendments, to persons and/or legal entities who are a solicitor or any other professional consultant engaged by MONASTERY COFFEE, a debt collector, credit reporting agency and/or any other individual or organisation which maintains credit references and/or default listings.
23.2. MONASTERY COFFEE may give information about the Customer to a credit reporting agency for the purposes of obtaining consumer and commercial credit reports and/or lodging consumer and commercial defaults on the Customer’s credit file. This information may be given before, during or after the provision of credit to the Customer and will be in accordance with the Privacy Act 1988 and subsequent amendments.
24. Security & Charge
If requested by MONASTERY COFFEE, the Customer must charge all property both equitable and legal, present or future of the Customer in respect of any monies that may be owing by the Customer to MONASTERY COFFEE under the terms and conditions or otherwise and, if such a request is made by must by MONASTERY COFFEE, the
Customer authorises MONASTERY COFFEE or its solicitors to execute any consent form as its attorney for the purpose of registering a caveat over any real property owned by the Customer at any time.
To the full extent permitted by law, the Customer will indemnify MONASTERY COFFEE and keep MONASTERY COFFEE indemnified from and against any liability and any loss or damage MONASTERY COFFEE may sustain, as a result of any breach, act or omission, arising directly or indirectly from or in connection with any breach of any of these terms and conditions by the Customer or its representatives.