PRIVACY NOTICE

In this Privacy Notice, "Personal Information" means personal information about the Applicant (if an individual) and any other individual ("Individual") named in this Account Application Form. Artinox Australia T/A Cater Cool Pty Ltd may:

• collect and use Personal Information, and share such information with its related companies, for the purpose of processing this Application (including assessing the Applicant’s and any Individual’s credit worthiness) and administering any account for commercial credit granted under this Application (an "Account") (including collecting payments due under the Account); and

• collect from and share with other organisations Personal Information in the manner specified below. Artinox Australia T/A Cater Cool Pty Ltd may:
• obtain a consumer credit report containing information about the Applicant or any Individual from a credit reporting agency for the purpose of assessing this Application and collecting overdue payments relating to commercial credit owed by the Applicant;

• exchange information about the Applicant and any Individual (including any information about credit worthiness, credit standing, credit history or credit capacity that credit providers are allowed to exchange under the Privacy Act) with other credit providers:

• to assess an Application by the Applicant for credit;
• to notify other credit providers of a default by the Applicant;
• to exchange information with other credit providers as to the status of any amounts owing under the Account where the Applicant is in default with other credit providers; and
• to assess the Applicant’s credit worthiness.

Artinox Sinks Trading as Cater Cool Pty Ltd may give Personal Information about the Applicant and any Individual to a credit reporting agency in order to obtain a consumer credit report and to allow the credit reporting agency to create or maintain a credit information file. The information may include the following particulars:

• identity particulars;

• the fact that the Applicant has applied for credit and the amount;

• the fact that Artinox Australia T/A Cater Cool Pty Ltd is a current credit provider to the Applicant;

• payments which become overdue for more than 45 days, and for which collection action has been commenced;

• advice that payments are no longer overdue;

• that cheques drawn by the Applicant have been dishonoured more than once, or that court judgments or bankruptcy orders have been made against the Applicant; and

• in specified circumstances, that in the opinion of Artinox Australia T/A Cater Cool Pty Ltd the Applicant has committed a serious credit infringement. Artinox Australia T/A Cater Cool Pty Ltd will not otherwise use or disclose Personal Information unless permitted or required by the Privacy Act or any other law. If the Personal Information requested in this Application is not provided, Artinox Australia T/A Cater Cool Pty Ltd may not be able to process this Application.

To the extent that the Applicant and each Individual may be entitled to do so under the Privacy Act and any other applicable laws, he or she may access his or her personal information held by Artinox Sinks Trading as Cater Cool Pty Ltd by contacting Artinox's Privacy Office.

The Applicant must provide a copy of this Application (including this Privacy Notice) to each Individual.

Consent to Privacy Notice by Individuals

I/we agree to the terms of the Privacy Notice above.

I/We, on behalf of ....................................................................................... (the "customer"), hereby make application to open a credit account with Artinox Australia T/A Cater Cool Pty Ltd.

I/We agree to pay all accounts within 30 days net of the date the goods are invoiced. I/We agree to the Trading Terms set out in this document.

I/We acknowledge that in accordance with Section 592 of the Corporations Law the applicant is able to pay its debts as and when they fall due and that I/we am/are duly authorised by the applicant to complete this credit application.

I/We acknowledge that by executing this application, the applicant agrees to the terms of the Privacy Notice above.

For applicant companies acting as trustee:

I/we confirm the accuracy of the warranties in Annexure A and enclose a copy of each relevant trust deed.

For private companies:

I/we confirm that Annexure B – Directors guarantee has been completed.

Annexure A: To be completed by applicant companies acting as trustee The customer warrants that the following statements are true and correct:

1. The customer is empowered by the trust deed (the Trust Deed) dated

…………………………... (insert date) between

………………………………………………… and ………………………………………………… (insert parties):

1. to enter into and perform all documents to which it is expressed to be a party and to carry on the transactions contemplated by those documents; and

2. to carry on its business as now conducted or contemplated and to own its assets(including any asset purported to be charged or mortgaged by it), in its capacity as trustee of the ………………………………………. (insert name)Trust (the Trust). There is no restriction on or condition of its doing so.

2. All necessary resolutions have been duly passed and all consents, approvals and other procedural matters have been obtained or attended to as required by the Trust Deed for the customer to enter into and perform the documents to which it is expressed to be a party.

3. No property of the Trust has been re-settled or set aside or transferred to any other trust.

4. The customer's right of indemnity out of, and lien over, the assets of the Trust have not been limited in any way. The customer has no liability which may be set off against that right of indemnity.

5. The Trust Deed complies with all applicable laws.

6. The customer has complied with its obligations and duties under the Trust Deed and at law.No one has alleged that it has not complied.

ANNEXURE B: DIRECTORS GUARANTEE

1. In consideration of Artinox Australia T/A Cater Cool Pty Ltd (hereinafter called “Company”) supplying or continuing to supply goods to:

1.  _         (Hereinafter called “Principal”) at my request which is hereby made,

2. I,  _        

3. of,  _        

Company Director (hereinafter called “Guarantor”) hereby guarantees the due payment by the Principal to the Company of the present and future balance of any debt payable by the Principal to the Company notwithstanding that I do not receive notice of any failure by the Principal to pay such balance of debt according to the terms agreed on between the Principal and the Company.

2. This guarantee shall be a continuing guarantee to the Company irrespective of any sum or sums which at any time may be paid to or received by the Company for or on account of the Principal and shall be subject to paragraph 2 hereof remain in force until determined by notice in writing signed by me (or in the case of my death by my personal representative) and delivered to the Company. Such determination shall relate to future dealings only. I agree that my liability hereunder shall not be affected by any change in the constitution of the Company nor by the Company giving the Principal an extension of time for payment or compounding any debt. I also agree that in order to give effect to this guarantee the Company shall be entitled to act as though I were the principal debtor and I hereby waive all and any of my rights as surety which may at any time be inconsistent with any of the provisions herein.

3. If any payment of money, conveyance or transfer of property or charge thereon made or given by the Principal or its agent to the Company in reduction of its indebtedness to the Company be later declared to be void against any liquidator of the

4. Principal, the amount of the debt of the Principal to the Company which is hereby guaranteed by the Guarantor shall include the amount for which credit had previously been given for such payment of money, conveyance or transfer of property charge thereon which was declared to be void as against the liquidator. Any discharge or partial discharge of the obligations of the Guarantor hereunder whether by payment or by notice duly given shall be conditional upon no such declaration as aforesaid being made.

5. If the Principal is wound up by an order of the court of otherwise the Company may prove the whole of its debt against the Principal in liquidation and the unsatisfied balance after payment of such dividends by the liquidator of the Principal shall be payable by the Guarantor or the Principal.

6. Notwithstanding anything hereinbefore contained in the event that the Principal’s account with the Company or any part thereof has not been paid in full for a period of 7 days after full payment is due, action to recover the overdue amount can be taken against me as the Guarantor by the Company immediately.

7. I agree to the terms of the Privacy Notice contained in the Account Application Form (a copy of which has been shown to and read by me) and that the Company may obtain from a credit reporting agency a consumer credit report containing information about me for the purpose of assessing whether to accept me as a guarantor for credit applied for by, or provided to, the Principal. I agree that this agreement commences from the date of this document and continues until the credit covered by the Principal's application ceases.

Dated this Day of 2018

Signed sealed and delivered by the said:

4.  _        

In the presence of:

5.  _        

6.  _        

In the presence of:

7.  _