CONSIGNMENT OF GOODS - TERMS & CONDITIONS

* Effective date 11 February 2013


1 INTRODUCTION

1.1 This Agreement is between Us and You.

1.2 This Agreement sets out Our standard terms and conditions for the provision of Services. Current versions and the applicable date are found on Our website at www.greyhoundfreight.com.au, and provide the terms on which We will supply services to You.

1.3 We are not a common carrier. We may refuse to handle, transport or store Goods for You for any reason whatsoever.

1.4 We rely on the details You supply to us. We do not admit the accuracy or completeness of such details. A signature by Us is only an acknowledgment of the number of Goods accepted by Us.

2 DEFINITIONS

2.1 "Agreement" means the terms and conditions of this contract for services;

2.2 "Australian Consumer Law" means section 2 of the Competition and Consumer Act 2010 (Cth);

2.3 "Business Day" means a day that is not a Saturday, Sunday or any other day which is a public holiday or a bank holiday in the place where an act is to be performed or a payment is to be made;

2.4 "Charges" means the charges, fees and expenses payable by You for the Services including, but not limited to those specifically described in clause 6;

2.5 "Consignee" means any person receiving or accepting the Goods, which are the subject of the Services;

2.6 "Consignment Note" means any paper consignment note or electronic file provided by You that specifies information required by Us to provide the Services;

2.7 "Consumer" has the meaning given to it under the Competition and Consumer Act 2010 (Cth);

2.8 "Consumer Guarantee" means any statutory guarantee provided to Consumers under Division 1 of Part 3-2 of the Australian Consumer Law;

2.9 "Goods" means any Goods accepted from You or from another party on Your behalf;

2.10 "IATA" means the International Air Transport Association which is used as reference for Our destinations;

2.11 "ICAO" means the International Civil Aviation Organisation;

2.12 "Our Representatives" means:

  1. Any of Our related bodies corporate;
  2. Our officers, employees, agents, contractors and subcontractors (other than You or Your Representatives); or
  3. The Officers, employees, agents, contractors and subcontractors of Our related bodies corporate (other than You or Your Representatives)_

2.13 "Person" includes a corporation, partnership or any other entity. Where You comprise two or more Persons an agreement or obligation to be performed or observed by You binds those Persons jointly and severally;

2.14 "PPSA" means the Personal Property Securities Act 2009 (Cth) as amended from time to time and includes regulations and other instruments made under this Act, and consolidations, amendments, re-enactments or replacements of this Act;

2.15 "Services" means all services supplied to You by Us in any capacity,including but not limited to transportation and the storage of the Goods;

2.16 "TI" means Technical Instructions for the Safe Transport of Dangerous Goods;

2.17 "We", "Us" and "Our" and "Ourselves" means Greyhound Australia Pty Ltd ABN 59 104 326 383; and

2.18 "You" and "Your" means the consignor of the Goods, being the person with whom this Agreement is made .

2.19 "Your Representatives" means Your officers, employees, agents and contractors.

3 BINDING TERMS & CONDITIONS

3.1 The only terms which are binding upon Us are:

  1. Those set out in this Agreement or otherwise agreed to in writing by Us; and
  2. Those, if any, which are imposed by law and which cannot be excluded.

4 SUBCONTRACTING

4.1 We and any of Our Subcontractors may subcontract part or all of Our obligations under this Agreement on any terms.

4.2 You agree that:

  1. Our Representatives have the benefit of this Agreement (in particular clauses 11.2 and 12.4) as if they were parties to it; and
  2. We hold that benefit on trust for them and can, if requested by any of Our Representatives, enforce it on their behalf.

5 IF YOU ARE A CONSUMER

If You are a Consumer, this Agreement does not affect any rights You may have as a result of the Competition and Consumer Act 2010 (Cth).

6 CHARGES

6.1 Our charges are based on the greater of the actual weight or volume of the Goods. For the purposes of calculating weight We round up to the next whole kilogram. Our cubic measure or volume We use is 250 kilograms equals one cubic metre.

6.2 Our charges are due as soon as We collect the Goods from You or from the address nominated by You.

6.3 You must pay the Charges relating to the Services.

6.4 In addition to freight We will charge You for:

  1. Any additional expenses We incur as a result of any incorrect declaration by You of the weight, volume, description or packaging of the Goods. We audit and weigh/measure all items. Release of the Goods by delivery or collection from Our Depots and Agents is not possible until the correct cubic kilograms that travelled on Our services have been paid in full;
  2. Any re-delivery. A re-delivery fee equal to the initial delivery charge to the Town or Suburb will apply for all failed deliveries, where no one is at the premises to sign for the Goods. Our Courier will leave a calling card with the telephone number You should ring to arrange another time, or address details from where the Goods may be picked up to avoid the re-delivery fee; and
  3. Any futile pick up where the Goods are not ready in the time band given or no one is in attendance at the premises. An additional pick up fee equal to the original quotation will be charged; and
  4. Any storage charges or other charges or expenses We incur in relation to the Goods. Storage charges commence on the seventh day after the Goods reach their intended destination and will be charged and payable at the rate of $1 per day; and
  5. Any additional expenses We incur as a result of an incorrect delivery address provided by You.

6.5 Subject to any rights You may have as a Consumer, all payment for consignments accepted by Us are non refundable, no matter the circumstances.

7 TIME OF THE ESSENCE

Time is of the essence in respect of Your obligation to make payment for services provided by Us to You.

8 SANCTIONS FOR LATE PAYMENT

8.1 If You default in making payment to Us in accordance with these terms and conditions We may in Our absolute discretion:

  1. Charge You interest calculated on the portion of Your account overdue at the rate of 2% per month from the date on which the default arose; and
  2. Require You to reimburse Us for all collection costs including legal costs incurred by Us calculated on a solicitor and client basis as a consequence of Us instructing Our solicitor to provide advice to Us in connection with the default and/or to institute such recovery process at Our discretion.

8.2 We:

  1. Have a general lien over the Goods, and any documents relating to them, for outstanding payments relating to those Goods or to other Goods which have been, or are to be, handled, transported or stored on Your behalf; and
  2. May sell any Goods held by Us for overdue payments by public auction or private sale without any further notice to You. You must indemnify us for the costs we incur in connection with such auction or sale.

9 APPLICATION OF PAYMENTS

9.1 Any payments tendered by You to Us must be applied as follows:

  1. First as reimbursement for any collection costs incurred by Us in accordance with clause 8.1(2);
  2. Secondly, in payment of any interest charged to You in accordance with clause 8.1(1); and
  3. Thirdly, in payment of any storage fees charged to You in accordance with clause 6.4(4);
  4. Fourthly, in satisfaction of any other amounts payable under this Agreement, including under any indemnity; and
  5. Fifthly, in satisfaction or part satisfaction of the oldest portion of Your account.

10 PAYMENT FOR SERVICE PROVIDED

10.1 Greyhound Freight company sites accept payment by cash, company account (on a seven day Ezi-debit), Eftpos, Master-card or Visa. Other cards may be accepted and may draw a usage fee of 3%.

10.2 Our agents accept payment by cash or such other arrangements made directly with the Agent.

11 SOME OF YOUR PROMISES

11.1 Your promises are important because if they are incorrect We may, for example, be fined for unlawfully transporting the Goods.

11.2 You promise Us that:

  1. You alone own the Goods, or if there are other owners You act as their agent and they agree to handling, transport and storage of the Goods on the terms of this Agreement;
  2. You have completed the Consignment Note accurately;
  3. Any third party sending or returning Goods to You has completed the Consignment Note accurately or given correct directions to Our staff;
  4. The Goods are packaged to withstand handling, transport and storage;
  5. You have complied with all laws in connection with the Goods to ensure that they can be lawfully handled, transported and stored;
  6. To the extent permitted by law, you will not sue Us for anything arising in connection with this Agreement or the handling, transport or storage of the Goods;
  7. You will indemnify Us as soon as We receive any written notice of claim from any person other than You arising directly or indirectly as a result of or in connection with the Service provided by Us;
  8. You will indemnify Us, for all losses, liabilities and costs actually payable in connection with any claim made against Us arising directly or indirectly as a result of or in connection with the Service provided by Us, however caused;
  9. You will indemnify Us for any loss or damage caused to any person, including property damage, as a result of Your breach of this Agreement or an act or omission of Your customer which is contrary to the provisions of this Agreement; and
  10. The particulars relating to Goods are correct and the Goods are adequately labelled and addressed, whether by You or third parties sending Goods to You, to enable effective delivery to be made without delay.
  11. The person delivering the Goods to Us for the Services is authorised to do so and to enter into this Agreement.
  12. You will make the Goods conform to the Consignee's requirements and must pay any expense incurred by Us if You fail to do so.
  13. 13. You must at all times and in all circumstances ensure that any container or containers or other packaging of the Goods and any pallet or pallets which are delivered with the Goods and which are required to be returned to the owner of the containers, packaging or pallets or the nominee of that owner, or such nominee. We accept no liability for the loss, damage or delayed return of any containers, packaging or pallets whatsoever, which may come into or pass through the possession of the company whether We or You hold the containers, packaging or pallets as lessee, bailee, licensee or by any other means whatsoever, and You agree to indemnify Us and Our Representatives against any claims, demands or liabilities arising out of or in connection with such loss, damage or delayed return.

11.3 It is agreed that the indemnities in this clause will operate, to the extent permitted by law, irrespective of whether any loss or damage arises from a wilful, deliberate or unauthorised act or omission by Us.

11.4 If You ask Us to deliver Goods which We regard as unacceptable, We may contact You to determine whether You wish to continue with the delivery or return the Goods to You. Any additional charges so incurred by Us will be at Your expense. If We cannot find You or You do not accept liability for the additional charges then We may dispose of the Goods at Our discretion.

12 IF GOODS ARE DANGEROUS

12.1 Goods are "dangerous" if those Goods are specified as such by any of the IATA Dangerous Goods Regulations, the Australian Dangerous Goods Code, the ICAO TI, or if they might injure or damage people, property or the environment. They include Goods that are or may become poisonous, corrosive, volatile, explosive, flammable or radioactive.

12.2 You promise to tell Us if the Goods are dangerous and agree to give Us a full and accurate written description of them on the Consignment Note. Goods are subject to security inspections which may include the use of x-ray equipment.

12.3 Whether or not You have told Us that any Goods are dangerous You agree that if We consider on reasonable grounds that the Goods may cause injury or damage We can, at Your cost do anything appropriate, including disposing of, rendering harmless or destroying them. We will not be liable, to the extent permitted by law, to You for any loss or damage You may incur by reason of Our actions under this clause. You indemnity us on demand or any loss or damage suffered or incurred by Us in connection with the disposal, destruction, abandonment or rendering harmless of the Goods under this clause.

12.4 You will always bear all risk of loss of or damage to, or arising in connection with, dangerous Goods, to the extent permitted by law.

12.5 If You have asked Us to collect dangerous Goods from a third party then You are responsible for ensuring that the sender of those dangerous Goods completes all relevant legal documents, complies with all laws, attaches the dangerous Goods diamond to the dangerous Goods and supplies all requisite documentation with the dangerous Goods.

12.6 Expressly Excluded Items. We will not carry the following items without written approval of the National Freight Manager:

  • Firearms or live ammunition or any other item that could be described as a weapon
  • Live Animals or Reptiles

13 AUTHORISATIONS

13.1 You give Our company controlled sites and their direct "Freight" or Senior Management employees the right and authority to:

  1. Use any method for handling, storing or carrying the Goods. We will give priority to any instructions given by You, but if such instructions cannot be followed, You hereby authorise Us to We use any such other method;
  2. Deviate from the usual route of carriage or place of storage;
  3. Carry the Goods by any method We choose. We will give priority to the service selected by You, but if that service is not available, You authorise Us to use the next best service available;
  4. Sell or dispose of any Goods held by Us for a period of ninety days or more, where the Goods remain uncollected or undeliverable. We will do so after taking all reasonable steps to contact both the sender and intended receiver of the Goods; and
  5. Open, inspect and take any action We consider necessary in relation to Goods if We need to verify the condition or nature of the Goods, their ownership or their destination or if We consider the Goods may be unlawful or dangerous.
    1. Only DIRECT "Freight" or Senior Management of Greyhound Australia may use the entire clause (13) as a waiver.
    2. If parcels, baggage or any consignment has cause to be opened under these "Authorisations" We will do so only with two direct company employees present and will record and keep safe any of Our findings.

14 DELIVERY & PACKAGING

14.1 We will attempt to deliver to the address nominated by You. Delivery is deemed to be effected when We receive a signed receipt or delivery docket confirming that the Goods were received in good condition.

14.2 We will not proactively notify the Consignee that their Goods have arrived. We provide an estimated time of arrival when the Goods are consigned by You and You should provide this to the Consignee.

14.3 If that address is unattended, delivery is deemed to have occurred and We may leave the Goods at that address unattended, at Our complete discretion.

14.4 If the delivery address is unattended and We elect to re-deliver the Goods, We will charge You for the costs of the re-delivery including any storage costs We may incur (Refer clause 6.4).

14.5 If the delivery address is incorrect We will hold the Goods until We can clarify the delivery address with You. We will charge You for the costs of re-delivery including any additional storage costs We may incur. Where any details vary from those supplied We will charge You the correct charges in addition to any payment already collected. If it is an area where We cannot deliver We will hold for You at Our nearest collection site and you must pay all storage fees we incur in connection with holding the Goods for you.

14.6 We will not in any circumstances deliver Goods to a post office box.

14.7 All items accepted into the Our freight network must be securely packaged and totally enclosed. Dangerous or sharp items are not suitable for transport.

14.8 Markings and consignment details not related to the current transaction must be removed. Goods must carry the correct consignment number and details including Sender name, address and telephone number, Receiver name, address and telephone number, a description, dimensions, the cubic volume kilograms and weight kilograms of the item.

14.9 Where more than one item is on the Consignment Note the items must be clearly marked as 1 of 3, 2 of 3 and 3 of 3, where three items represent the consignment total.

14.10 The maximum weight for pick up and delivery by couriers is 25kgs in most cases. If over this weight please contact Our call centre on 1300 65 65 32 as other options may be available.

14.11 Bikes must be packed in a bike box for transportation and delivery.

14.12 We may carry, store, redirect, handle, remove, assemble, erect, pack, unpack, load, unload or consolidate the Goods with other goods.

14.13 If any Charges remain unpaid for 7 days after they have become due and payable:

  1. We may give notice to You, requiring You to remove the Goods from storage within the period set out in the notice; and
  2. If You fail to remove Goods under clause 14.13(a), within the period specified in the notice, We may remove the Goods from storage and return them to You at Your last known address, or store them in the manner and in the place as We think appropriate at Your expense and risk.
We are not required to make the Goods available to any person unless and until all Charges, costs and expenses payable under this Agreement (including pursuant to an indemnity) have been paid in full.

15 FORCE MAJEURE

If We are prevented from or delayed in complying with one of Our obligations under this Agreement by an event beyond Our reasonable control, performance by Us of that obligation is suspended during the time, but only to the extent that, compliance is prevented or delayed.

16 NOTIFY PROMPTLY IF YOU BELIEVE YOU HAVE A CLAIM

16.1 If You believe We are liable to You, You must:

  1. Notify Us immediately; and
  2. Send Your written notice of claim to Us within 14 days.

16.2 If We do not receive a written notice from You within that time, We will have no liability to You. Notwithstanding Your claim, You remain liable to pay Our charges under this Agreement.

16.3 We will have no liability to You, even if You give Us a written notice within that time, if You do not commence legal proceedings against Us within 3 months of the date of delivery.

17 INSURANCE & COMPENSATION COVERAGE

17.1 By using Our services You acknowledge We have advised You to procure You own insurance coverage for loss or damage. Any loss or damage to the Goods is entirely at Your own risk.

17.2 You acknowledge We have recommended You contact Your Insurance Agent or Broker to arrange Your Insurance requirements. You acknowledge by sending Your freight with Us, You bare the risk of loss or damage and hold Greyhound Freight free of any claim for compensation.

17.3 Items Your Insurance Agent or Broker will in normal circumstances expressly exclude from coverage may include but will not be limited to;

  1. Any item of a delicate, fragile or brittle nature no matter how securely packaged.
  2. Ceramic, Mirrors, Glassware, Antiques, Works of Art, Paintings.
  3. Perishable items including Fish, Plants, Fruits and other edible substances.
  4. Keys, cash, credit cards, jewellery, precious metals, negotiable documents including but not limited to; Shares, Bonds, Deeds, business or travel documentation and Passports.
  5. Electrical or electronic components including but not limited to; laptop computers, mobile phones, cameras and video equipment.

18 ALL OTHER LIABILITY TO YOU

18.1 The only conditions and warranties which are binding on Us in respect of the Services rendered are those imposed and required to be binding by statute (including any Consumer Guarantees).

18.2 Subject to clause 18.3:

  1. All liability for any costs, expenses, losses or damages whatsoever that may arise in any way in connection with this Agreement, however caused, are excluded in relation to the Services;
  2. We exclude any liability for legal costs and disbursements and, without limitation, any indirect or consequential expense, loss or damage, loss or damage to reputation, loss of goodwill, loss of profits, revenue, use, expectation or opportunity, wasted expenditure, lost production or similar losses suffered by You under or in connection with this Agreement; and
  3. All conditions, warranties and implied terms, whether statutory or otherwise, are excluded in relation to the Services.
  4. 18.3 The Australian Consumer Law provides Consumers with a number of protections and Consumer Guarantees, which cannot be excluded or limited. These terms, and in particular the limitations of liability set out in clause 18.2 and elsewhere in this document, are therefore subject to, and will not apply to the extent that they limit or exclude such protections and Consumer Guarantees applicable to Consumers. However where the Australian Consumer Law permits Us to limit the remedies available to Us for a breach of a Consumer Guarantee, We hereby limit Our remedies to You, at Our option, to supplying the Services again or paying the cost of having the Services supplied again.

    18.4 Services are supplied at Your risk. You:

    1. Bear the risk of loss or damage to the Goods.
    2. Always bear all risk of loss or damage arising in connection with the Goods.

    18.5 Subject to clause 18.3, we are not liable for any delay, loss, or damage arising from the supply of or failure to supply services (including but not limited to any loss of, deterioration in, incorrect delivery of or failure to deliver, Goods), for any reason whatsoever including breach of agreement, negligence, breach of duty as bailee, or Our wilful act or default.

    18.6 Subject to clause 18.3, we have the benefit of these exclusions and limitations of liability even if any loss or damage arises for any reason whatsoever including breach of agreement, negligence, breach of duty as a bailee, or a wilful act or default.

    18.7 We carry Your returned Goods for You, and the third parties sending the returned Goods to You, solely at Your risk.


19 GOODS & SERVICES TAX

19.1 In this clause:

  1. GST means GST as defined in A New Tax System (Goods and Services Tax) Act 1999 as amended (GST Act) or any replacement or other relevant legislation and regulations;
  2. Words used in this clause which have a particular meaning in the GST law (as defined in the GST Act, and also including any applicable legislative determinations and Australian Taxation Office public rulings) have the same meaning, unless the context otherwise requires;
  3. Any reference to GST payable by a party includes any corresponding GST payable by the representative member of any GST group of which that party is a member; and
  4. If the GST law treats part of a supply as a separate supply for the purpose of determining whether GST is payable on that part of the supply or for the purpose of determining the tax period to which that part of the supply is attributable, such part of the supply is to be treated as a separate supply.

19.2 The charges contained in this Agreement are inclusive of any GST.

20 TAXES & DUTIES

20.1 Despite any other provision of this Agreement We may pass on as an addition to the price of the Service the amount of any sales tax, use tax, consumption tax, Goods and services tax, value added tax, import tax, export tax, customs tax or any similar tax, impost, or duty (tax) levied on the Service or payable by Us in respect of the Services supplied to You under this Agreement.

20.2 Clause 20.1 applies:

  1. Whether the tax is levied under Australian federal, state or territorial law or by the law of any other place; and
  2. Whether the imposition of the tax is in force at the commencement of this Agreement or comes into force at a later time.

21 WAIVER

21.1 A party's failure or delay to exercise a power or right does not operate as a waiver of that power or right.

21.2 The exercise of a power or right does not preclude either its exercise in the future or the exercise of any other power or right.

21.3 A waiver is not effective unless it is in writing.

21.4 Waiver of a power or right is effective only in respect of the specific instance to which it relates and for the specific purpose for which it is given.

21.5 This Agreement cannot be waived or varied except by Us.

22 NOTICES

22.1 A notice or other communication connected with this Agreement (Notice) has no legal effect unless it is in writing.

22.2 In addition to any other method of service provided by law, the Notice may be:

  1. Sent by prepaid post to the address of the addressee set out in this Agreement or subsequently notified;
  2. Sent by facsimile to the facsimile number of the addressee; or
  3. Delivered at the address of the addressee set out in this Agreement or subsequently notified.

22.3 If the Notice is sent or delivered in a manner provided by clause 22.2, it must be treated as given to and received by the party to which it is addressed:

  1. If sent by post, on the 2nd Business Day (at the address to which it is posted) after posting;
  2. If sent by facsimile before 5pm on a Business Day at the place of receipt, on the day it is sent and otherwise on the next Business Day at the place of receipt; or
  3. If otherwise delivered before 5pm on a Business Day at the place of delivery, upon delivery, and otherwise on the next Business Day at the place of delivery.

22.4 Despite clause 22.3 (3):

  1. A facsimile is not treated as given or received unless at the end of the transmission the sender's facsimile machine issues a report confirming the transmission of the number of pages in the Notice;
  2. A facsimile is not treated as given or received if it is not received in full and in legible form and the addressee notifies the sender of that fact within 3 hours after the transmission ends or by 12 noon on the Business Day on which it would otherwise be treated as given and received, whichever is later.

22.5 A Notice sent or delivered in a manner provided by clause 22.4 must be treated as validly given to and received by the party to which it is addressed even if:

  1. The addressee has been liquidated or deregistered or is absent from the place at which the Notice is delivered or to which it is sent; or
  2. The Notice is returned unclaimed.

22.6 Any Notice by a party may be given and may be signed by its solicitor.

22.7 Any Notice to a party may be given to its solicitor by any of the means listed in clause 22.2 to the solicitor's business address or facsimile number.

23 GOVERNING LAW & JURISDICTION

This Agreement is governed by the laws of Queensland. Each party irrevocably submits to this non-exclusive jurisdiction.

24 PRIVACY

You agree that We may use Your information for Our legitimate functions, including promotions. We will not disclose Your personal information except as required to perform Our functions or if required to do so by any other Commonwealth, state or territory law. We will only use third party information for the purpose of delivering or collecting or for purposes directly related to delivering or collecting a particular consignment. Third party information will then be stored as part of Our record keeping process.

25 GENERAL CONDITIONS

We reserve the right to vary, amend or cancel the terms and conditions of Service and may do so by advertising Our current terms and conditions on Our Internet site www.greyhoundfreight.com.au with the date of application.

26 INDEMNITIES

26.1 Each indemnity under this Agreement is:

  1. A continuing indemnity;
  2. Constitutes a separate and independent obligation of the party giving the indemnity from its other obligations under this Agreement; and
  3. Survives the execution, delivery, completion and termination of this Agreement.

26.2 Neither Us nor Our Representatives are required to incur any cost or make any payment before incurring a right of indemnity.

26.3 We hold the benefit of all indemnities given to Us and Our Representatives on trust for Ourselves and Our Representatives.

27 PPSA

27.1 Unless a contrary intention appears, words or expressions used in this clause 27.2 that are defined in the PPSA have the same meaning as given to them in the PPSA.

27.2 If at any time We determines that this agreement (or any of the transactions contemplated by or under it, including under the lien in clause 8.2 ) creates a security interest over any personal property, You must promptly, upon Our request, do all things necessary (including, without limitation, completing, signing and providing documents, obtaining consents and supplying information) to:

  1. provide more effective security over the relevant personal property;
  2. ensure that any such security interest in favour of Us:
    1. is at all times enforceable, perfected (including, where applicable, by control as well as by registration), maintained and otherwise fully effective; and
    2. ranks as a first priority security interest;
    3. enable Us to prepare and register a financing statement or a financing change statement; and
    4. enable Us to exercise any of Our rights or perform any of Our obligations in connection with any such security interest or under the PPSA.

27.3 All costs and expenses arising as a result of actions taken by either party pursuant to clause 27.2 will be for Your account. Within 5 days of a written request, You must pay Us any costs or expenses incurred or to be incurred in connection with this clause 27.2.27.4 We do not need to give You any notice under the PPSA (including, without limitation, a notice of a verification statement under section 157 of the PPSA) unless the notice is required by the PPSA and that requirement cannot be excluded.

27.5 In addition to and without derogating from Our rights under clause 27.2 to register a security interest arising under this agreement, neither You nor Us will disclose to a person or entity that is not a party to this Agreement information of the kind mentioned in section 275(1) of the PPSA unless section 275(7) of the PPSA applies or that information is publicly available.

27.6 If Chapter 4 of the PPSA would otherwise apply to the enforcement of a security interest created in Our favour under this Agreement, You agree that:

  1. We are not required to:
    1. give notice to You under sections 95, 121(4) or 130 of the PPSA; or
    2. comply with sections 125, 132(3)(d) or 132(4) of the PPSA; and
  2. 2. Sections 142 and 143 of the PPSA are excluded in full and will not apply to that security interest.