Please complete the following to assist Synnex Australia in evaluating your company to become a Synnex Australia authorised reseller.

Details

Please select Yes/No
Select Application Type *

Business Details

Postal Address:

Select Legal Structure *
Select Building Type *
Or
Please select atleast one Anticipated Credit Term
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Banker's Details

Accountant's Details

Contact Names

Director(s)/Proprietor(s) * (All director details are required) Note: DOB / DL required for Sole Traders / Partnerships requesting credit terms

Name Residential Address Phone D.O.B Drivers Licence # Add/Remove

Other Contacts * (All fields are required)

Name Email Address Phone
Manager
Purchasing Officer
Accounts Payable

Additional Business Details

Markets Addressed

Trade References (Minimum 2 references are required for Credit term account applications)

Trade Reference:

Trade Reference:

Trade Reference:

Customer Personnel Pick Up

 For ALL PICK-UP orders Synnex will verify that the person/s collecting the goods have their details on record and are authorised by you to collect goods. This is implemented to prevent potential disputes. Please ensure that the following details are completed fully and sent to Synnex before you or your authorised representative collects goods from our warehouse. You must also provide authorisation to courier companies, by providing their details to Synnex, prior to collecting goods on your behalf.

Name Drivers Licence # Issuing State Add Remove

Authorised Courier Companies

Company Name Account Reference # Add Remove

Please Note:

Synnex employees are NOT PERMITTED to release goods unless proper identification is provided.

Please update details WHENEVER a new person is required or no longer authorized to collect goods.

Terms & Conditions

Orders & price:

1. R.R.P’s shown are indicative only. There is no requirement to comply.

2. Except specifically expressed, all prices quoted or that have appeared in SYNNEX’s price list are exclusive of any tax, import, duty or other levies. SYNNEX reserves the right at any time between the time of quotation and / or order and the date of delivery of the goods or provision of services to make anvy reasonable adjustment to prices unless Customer places its order within the validity of the quotation and Synnex has accepted the Customer’s purchase order and issued an invoice. All prices in the price list are subject to change without notice and without recourse to SYNNEX. All prices are quoted in Australian Dollars and are based on ex-factory availability from Melbourne, Victoria.

3. All goods sold, services provided and fees charged by SYNNEX will be charged GST at the prevailing rate as currently set by the Australian Taxation Office (ATO), or relevant legislation, and must be paid by the Customer in addition to the price of the products, services and fees.

4. Verbal orders over the telephone can be accepted if the following conditions are met

(a) the purchase is confirmed upon delivery of goods and services; and
(b) any dispute on pricing, condition of goods, etc. must be addressed within 24 hours of receiving the goods and/or services; otherwise, the invoice of the transaction will serve as a contractual sale and purchase agreement between SYNNEX and the Customer.

5. An official order, in writing on company letterhead, or equivalent, must be issued to SYNNEX before any delivery can be effected. Orders must clearly state -Order Number, Name and Signature of Purchasing Officer, Product code(s), Configuration(s) Required, Unit Price and Total Order Value, Delivery Address, Delivery Date/Schedule required, Invoice Address, Special Requirements/Conditions etc.

Dispatching & delivery:

6. Delivery dates and times quoted for delivery of goods, or the provision of services, are estimates only and Synnex shall not be liable for any loss or damages howsoever arising as a result or consequence of any failure to deliver or delay in delivery of any goods or services arising from any circumstances. The Customer shall not be relieved of any obligation to accept or pay for goods or services by reason of any delay in delivery, despatch or performance. Synnex reserves the right to deliver by way of partial shipments and each partial shipment shall be deemed to be sold under a separate sales contract. No cancellation of sales contract is allowed if goods or services have been delivered by the courier.

7. If the address for delivery is unattended and Customer or Receiver (party who are nominated by Customer to receive the goods, such as third party delivery) has given instruction to courier for ‘authority to leave’ (ATL) then delivery will be deemed to have occurred after goods are delivered and left in the nominated address of the Customer or Receiver. Customer hereby agrees to indemnify Synnex against and hold Synnex harmless from all claims by any party and from all losses or costs of whatsoever nature, which we incur as a consequence of the shipment being left in accordance with such ATL agreement.

8. Synnex reserves the right to cancel sales orders without prior notice when the delivery / dispatch of orders is delayed for more than seven (7) days due to payment not being received.

9. Unless express otherwise, delivery charges are at the expense of the Customer. Customer who arranges its own transportation or couriers for the picking
up its orders will be responsible for its transit insurance. Synnex will not be responsible for any damages or losses whatsoever during transit once goods
are dispatched out of Synnex’s warehouse. In the event that Synnex has to organise transportation and delivery, a standard freight charge will apply and
Synnex will be responsible for managing its transit risks. Customer is required to notify or report to Synnex for any dispute in shipment, such as damaged goods or shortage in shipment etc, within 48 hours of receiving delivery from Synnex or Synnex’s courier.

Payment:

10. Payment terms are normally CBD (cleared funds before delivery) unless the Customer has a credit account with Synnex in place or has purchased Cloud Services from Synnex and has provided its credit card or bank account details in accordance with clause 15 prior to despatching. A receipt will only be issued for credit card payments upon request.

11. The Customer is required to complete the Reseller Application Form in order for Synnex to open a dealer account for trading. The Customer requests that Synnex supply goods and/or services for which the Customer undertakes to pay Synnex the agreed price(s) within the terms agreed, or if no such terms have been approved by Synnex, by cleared funds before delivery. A credit account may be granted to the Customer at the sole discretion of Synnex. Details of the credit account will be noti ed separately. The Customer must maintain the credit account with Synnex within the credit limit and payment terms provided. Payment is required immediately if the account exceeds the credit limit and/or is outside the payment terms. Synnex reserves the right to cancel credit accounts without prior notice. All overdue amounts are subject to a default interest rate of 3% per annum above the prevailing prime lending rate, calculated on an overdue balance on a daily basis.

12. There will be a $50.00 (excluding GST) charge of administration and recovery of bank fees etc. for all returned cheques. At the sole discretion of Synnex, credit accounts of the Customers who have a bounced cheque record may be cancelled without prior notice. Once a credit account is cancelled, any order placed by the Customer to Synnex thereafter is required to be paid on CBD (cleared fund before delivery) terms.

13. In the event of any default in payment to Synnex for an amount of more than $150 and for more than 30 days by the Customer (including in respect of the Cloud Services) or where a demand has been made against a guarantor of the Customer’s account, without limiting any of the other rights it may have, Synnex may in its absolute discretion:
(a) record the default with Synnex’s credit information provider; and/or
(b) terminate these terms and conditions and any other agreements it has with the Customer related to the resale of products or services supplied by Synnex.

14. In the event of any default in payment to Synnex, the Customer shall pay to Synnex costs of and incidentals to the recovery of such sums as may be due, including all mercantile and like fees and legal fees and charges on a solicitor, filing fees, stamp duty, taxes or any other fees payable, or incurred in relation to such recovery process. Payment received from the Customer will applied in the order of cost of recovery of debt, interest on overdue amount, then to the principal debt amount.

15. If the Customer purchases the Cloud Services from Synnex in accordance with clause 27 under CBD payment term, the Customer must provide its credit card details, or bank account details and give consents to Synnex to periodically (with such period to be determined by Synnex in its absolute discretion) direct debit its credit card or bank account for any amount incurred for the Customer’s ongoing use of the Cloud Services. Synnex will provide the customer with invoice(s) that specify the amount and the due date of the charge.

16. If an amount charged to the Customer’s credit card or bank account under clause 15 is declined, Synnex will provide the Customer with written notice of the declined transaction and specify the applicable handling fee and recovery of bank charge. Synnex may again attempt to charge the Customer’s credit card or bank account for the declined amount within fourteen (14) days after Synnex provides the Customer such written notice.

17. Credit card surcharge will apply on the full amount paid by credit card accepted by Synnex. Details of the surcharge rates, fees and charges could be found at https://www.synnex.com.au/en/Public/Menu/Payment-Options/. Surcharge rates are subject to changes based on the related regulations published by RBA or Australian government.

18. Synnex may in its absolute discretion apply to off-set or reduce the account of a Customer, for the amount/s which Synnex owes to the Customer. The Customer agrees and warrants that where Synnex makes the off-set or reduction of an account, that it is made in the ordinary course of business and is not a preference payment. The Customer and the guarantor (where applicable) agree to indemnify Synnex from all claims made subsequently by a liquidator or external administrator under the Corporations Act 2001.

Retention of title, property and risk:

19. Risk for all products shall pass from Synnex to the Customer when the products are delivered.

20. Until Synnex has been paid in full for all goods supplied to the Customer under any contract whatsoever between the Customer and Synnex:
(a) All rights, interests and title of the goods shall remain as property of Synnex.
(b) Should the goods or part thereof be affixed or added to any other items, such attachment shall be effected by the Customer solely as an agent for Synnex and Synnex shall have full legal and beneficial title to the whole of the new product thereby created.
(c) Until all rights, interests and title in and to such goods passes to the Customer, the Customer must:
i. insure the goods for their full replacement value,
ii. store the goods and any new products as referred to in (b) in a way that enables them to be clearly identified as the property of Synnex,
iii. not pledge, grant a security interest in or in any way charge by way of security for any indebtedness, any of the goods.
(d) Subject to (e) and (f), the Customer shall be at liberty to sell the goods and the new products in the ordinary course of the business on the basisthat the Customer shall be under a fiduciary duty to Synnex and to account to Synnex for the proceeds of such sale but may deduct from such proceeds any excess of such proceeds of the total amount due by the Customer to Synnex under any contract whatsoever, provided that the Customer shall have no authority to enter into any contract of sale on behalf of Synnex. Any contract or sale shall be accordingly concluded in the name of the Customer.
(e) Synnex may at any time revoke the Customer’s power of sale by notice to the Customer if the Customer is in default in payment of any sum whatsoever due to Synnex in respect of any goods or services supplied to the Customer by Synnex or any other sums whatsoever or if any bill of exchange, cheque or any other negotiable instrument drawn or accepted by the Customer in favour of Synnex is dishonoured on presentation for payment or if Synnex has bona fide doubts as to the solvency of the Customer.
(f) The Customer’s power of sale shall automatically cease in the event of the appointment of a Receiver, Receiver and Manager, Administrator or Controller over any, or all of the assets or undertaking of the Customer or upon the commencement of a winding up application, the appointment of a Liquidator or if the Customer calls a meeting of, or makes any arrangement or composition with creditors or commits any act of bankruptcy.
(g) Upon termination of the Customer’s power of sale under (e) or (f), Synnex may demand the return of any goods that has been supplied and delivered to the Customer and the new products referred to (b) of this clause. If the Customer fails to return such goods immediately, the Customer must do all things necessary at its own expense to enable Synnex to enter the Customer’s premises or that of third party where the goods are stored to repossess the goods.
(h) Payment terms thereafter will be on a strictly CBD (cleared fund before delivery) basis only. Sales will be made subject to Synnex’s standard Conditions of Sales.
(i) It is acknowledged that clause 19, 20 and their subclauses have been specifically drawn to the Customer’s attention that the Customer has read and fully understands these terms and accepts them without reservation. These clauses also create a security interest in favour of Synnex, which Synnex may perfect by effecting a registration on the Personal Property Securities Register(PPSR).

21. Security:

(a) Words and expressions used in this clause that are not expressly defined in these terms and conditions but which have a defined meaning in the Personal Property Securities Act 2009 (Cth) (PPSA) have the same meanings as in the PPSA.
(b) To secure all the Customer’s present and future obligations, including without limitation its payment obligations, and liabilities to Synnex (Secured Obligations), the Customer hereby grants a security interest in all its personal property and charges all its other property, including without limitation all its rights, title and interest in and to any land, by way of a charge to and in favour of Synnex (Secured Property), without regard to the kind or location of the Secured Property, or whether the Secured Property is held by the Customer as beneficial owner, as trustee of a trust, or jointly with one or more persons. The Customer acknowledges and agrees that the security interest created under this clause attaches to the Secured Property in accordance with the PPSA and confirms that it has not agreed to postpone the time for attachment.
(c) The Customer is entitled to request Synnex to discharge the charge and security interest created under this clause if (i) it satisfies the Secured Obligations in full, (ii) all commitments that might give rise to any Secured Obligations are terminated, and (iii) no payment, conveyance or transfer to Synnex in satisfaction of any Secured Obligation is void, set aside or voidable, or potentially void, capable of being set aside, or voidable.
(d) The Customer acknowledges and agrees that if it fails to fully satisfy any of its payment obligations to Synnex, Synnex may: (i) enforce its security interest and charge; (ii) declare the Secured Obligations immediately due and performable; or (iii) declare the Secured Obligations due and performable on demand.
(e) Without limiting anything else in these standard terms and conditions, the Customer consents to Synnex registering the security interests and charges created under these standard terms and conditions on the PPSR and any other applicable registers, including without limitation the lodgement of one or more caveats or other such notices in respect of any land in and to which the Customer has any rights, title and interest.
(f) The Customer will not, without notice, change their name or initiate any change to any registered documentation, or act in any manner which would impact on the registered security interest of Synnex;
(g) The Customer waives any right the Customer has under the PPSA to:

i. receive notice in relation to registration events; or
ii. to claim any damages available under section 271 of the PPSA.

(h) The Customer agrees to waive or exclude such sections of the PPSA as Synnex may require, subject to those sections being capable of exclusion.

Warranty & return

22. All products supplied by Synnex are covered, as standard, by the relevant manufacturer’s warranty on a Return to Base (RTB) basis, which means that a defective product is required to be returned to Synnex or the Authorised Service Centres of Synnex at the Customer’s own cost. Details of the manufacturer’s warranty for individual products are listed separately in the Warranty Matrix which Synnex reserves the right at all times to change according to the manufacturer’s direction.

23. Any return of a defective product to Synnex must be first authorised in accordance with the following process:
(a) The Customer must obtain a Return Authorisation Number (RA Number) from Synnex prior to shipping the defective products to Synnex.
(b) The Customer shall then be authorised to return the defective products, noting the RA Number and proof of purchase, to Synnex or the Authorised Service Centres of Synnex.

24. Synnex will not accept any return or claim under the manufacturer's warranty of a defective product if it does not comply with the above procedure. No defective product or claim under the warranty or return of any product will be credited to the Customer's account unless the Customer has complied with the directions as set out in clause 23 to Synnex’s reasonable satisfaction.

25. Except when an approval has been obtained from or a separate agreement has been reached with Synnex to waive the restocking fee, a re-stocking fee will apply to all goods returned for credit. The credit value of returned goods will be at the current selling price at the time of return less a 15% re-stocking fee calculated based on the original selling value of the returned goods.

26. The Customer undertakes to Synnex that it will acquire any products and/or services from Synnex in accordance with these terms and conditions strictly for the purpose of resupplying those products and/or services to consumers in the course of its business.

Cloud services:

27. The Customer may purchase certain ‘cloud services’, being access to and use of (through the internet) an online platform (Cloud Services) which is owned and operated by a third party, from Synnex for resale to the Customer’s end users (End Users) provided that the Customer agrees that:
(a) Synnex has no legal obligation to the Customer or an End User in respect of the performance or delivery of the Cloud Services;
(b) the Customer is solely responsible for the actions of End Users in accessing and using the Cloud Services and must obtain all necessary consents and approvals (including, without limitation, consents relating to privacy laws) from the End User;
(c) the Customer will indemnify Synnex and hold Synnex harmless from and against any loss, liability, claim or proceeding (including all legal costs and any other associated fees or costs) arising out of or in connection with an End User’s access to and use of the Cloud Services;
(d) the Customer must provide its credit card details or bank account details to Synnex for the purposes referred to in clause 15 of these terms and conditions; and
(e) before giving End Users access to and use of the Cloud Services, the Customer must:

i. Ensure each End User accept and agree to the Vendor’s Cloud Service Agreement or End User Licensing Agreement wherever applicable; and
ii. limit its liability to each End User in connection with the Cloud Services to the maximum extent permissible under Division 1 of Part 3-2 of the Australian Consumer Law.

28. If the Customer purchases the Cloud Services from Synnex in accordance with clause 27, it agrees that it must not:
(a) license, sublicense, transfer, assign, resell or otherwise make the Cloud Services or any part of the Cloud Services available to any third parties who are not End Users;
(b) modify, alter, reverse engineer, decompile, disassemble or make derivative works of the Cloud Services or any part of the Cloud Services;
(c) access or use the Cloud Services for any reason other than to resell the Cloud Services to End Users or to manage its relationship with End Users (including to manage the End Users’ access to and use of the Cloud Services);
(d) copy or reproduce any part of the Cloud Services except as permitted under this Agreement; or
(e) remove any trademarks, copyright works or notices of similar rights from the Cloud Services and any documentation provided to the Customer as part of the Cloud Services.
29. In the event that Synnex terminates these terms and conditions in accordance with clause 13(b) and without limiting any other rights Synnex may have with respect to the Customer’s default, the Customer agrees that:
(a) Synnex may, in its discretion, cease supplying the Cloud Services to the Customer; and
(b) if Synnex ceases supplying the Cloud Services to the Customer under clause 29(a), the Customer must assign to Synnex all of its rights and obligations under any End User Agreements it has entered into with End Users in accordance with clause 27(e)i.

30. If the Customer’s credit card is declined a second time when the card is debited by Synnex under clause 15, Synnex may, in its sole discretion to terminate these terms and conditions; and

31. For the avoidance of doubt and subject to clause 35, in the event that Synnex can no longer provide the Cloud Services by reason of the fact that the third party can no longer provide the online platform as contemplated by clause 27, Synnex’s liability to the Customer is limited in accordance with clause 36.

32. The Customer must ensure that its End Users do not use the Cloud Services for illegal or illegitimate purposes including, but not limited to:
(a) storing or transmitting illegal content, pornography or other sexually explicit information and images;
(b) selling illegal goods or services;
(c) breaching or otherwise circumventing any security or authentication measures;
(d) circumventing storage space limits;
(e) violating the law in any way, including storing, publishing or sharing material that is fraudulent, defamatory or misleading; and
(f) sending unsolicited communications, promotions or advertisements or spam.

33. Clauses 29 will survive termination or expiry of this Agreement.

Contrary, liability & jurisdiction

34. Failure by Synnex to insist upon strict performance of any term or condition herein shall not be deemed a waiver thereof or of any rights Synnex may have, and shall not be deemed a waiver of any subsequent breach of any term or condition.

35. Synnex’s liability to the Customer is limited in accordance with clause 36 for all loss or damage suffered by the Customer in connection with or arising out of these terms and conditions or any sales contract other than any loss or damage for which Synnex is required to indemnify the Customer under Division 3 of Part 5-4 of the Australian Consumer Law. In the event that the provisions of Division 3 of Part 5-4 of the Australian Consumer Law apply to require Synnex to indemnify the Customer for loss or damage suffered by the Customer, the Customer acknowledges that it is fair and reasonable that Synnex’s liability to indemnify the Customer is limited to the maximum extent permissible under section 276A of the Australian Consumer Law.

36. Subject to clause 35, Synnex shall not be liable to the Customer or the Customer’s servants, agents, or representatives of the Customer for any direct, indirect, incidental or consequential loss or damages of any nature howsoever caused (whether based on tort, contract or otherwise) including but not limited to loss of profits, loss of production, loss of sales opportunity or business reputation, direct or indirect labour costs and overhead expenses and damage to equipment or property or any other claim whatsoever arising directly or indirectly or in any way attributed to the performance of the sales contract (including any contract for the provision of the Cloud Services by Synnex to the Customer) and in no event shall any claim be recognised unless the claim is in writing and received by Synnex within fourteen (14) days of the date of delivery. In any event, the liability of Synnex under any sales contract (including any contract for the provision of the Cloud Services by Synnex to the Customer) is limited to the replacement of the goods or the supply of equivalent goods or the repair of the goods.

37. These terms and conditions are the entire agreement between Synnex and the Customer with respect to the transactions and matters contemplated herein and are deemed to be incorporated into all quotations and sales contracts (express or implied) for the supply of goods and services (including Cloud Services) to the Customer and supersede all terms and conditions previously issued by Synnex. Synnex reserves the right to change the terms and conditions without prior notice. No sales contract for the supply of goods or provision of services (including Cloud Services) shall exist between Synnex and the Customer except upon these terms and conditions unless their exclusion or modification is agreed to in writing by Synnex. Any order placed by the Customer is deemed to be an order incorporating these terms and conditions notwithstanding any inconsistencies in the Customer’s order. Each order placed by the Customer is subject to acceptance or rejection by Synnex and is not binding on Synnex prior to Synnex’s acceptance of it. Synnex may refuse to proceed with any sales contract at any time if the Customer’s credit is or becomes unsatisfactory to Synnex.

38. These terms and conditions and all other contracts entered into between Synnex and the Customer referred to in these terms and conditions are subject to the laws in force in the State of Victoria, Australia, and the parties submit to the jurisdiction of the courts of Victoria, Australia.

Privacy acknowledgment and consent

39. By completing and signing Reseller Application form or otherwise confirming your acceptance of these Terms & Conditions set out, including in the capacity of servant, agent or representative of the Customer, you confirm that the individuals whose personal information is provided in Reseller Application form consent to Synnex collecting, holding, using and disclosing such personal information in accordance with the Australian Privacy Principles of the Privacy Act 1988 (Cth) and otherwise in accordance with Synnex’s privacy policy available at https://www.synnex.com.au/en/Content-Pages/Terms/Privacy-Policy/.

40. The Customer acknowledges and understands that:

(a) the personal information provided in Reseller Application form is collected and will be used, disclosed and otherwise handled by Synnex for the purpose of assessing the application for, and otherwise administering, a dealer account, and for any other purpose set out in Synnex’s privacy policy;
(b) Synnex, in administering the Application, may disclose the personal information to third party service providers, Synnex’s related bodies corporate, business partners, contractors and consultants, insurers and professional advisors, regulatory bodies, and/or professional advisors and service providers as nominated by you; and
(c) without the information required by the Reseller Application Form, Synnex may be unable to process this application or otherwise may be limited in the products and/or services it can offer, if any; and
(d) Synnex’s privacy policy contains information about how individuals may access or correct their personal information held by Synnex, or complain about Synnex’s handling of their personal information.

By signing below (including by signing using any form of digital or electronic signature) or by otherwise confirming your acceptance of the terms set out in this form (including by submitting a completed form to Synnex) we:

(a) hereby apply to be a customer of SYNNEX AUSTRALIA PTY LTD (Synnex);
(b) confirm that all goods and/or services bought are for resale or marketing and promotional purposes only;
(c) warrant and undertake that the information provided in this application is accurate to the best of our knowledge;
(d) confirm and agree that all Terms and Conditions contained herein are fully understood and agreed to and that we will be legally bound by the Terms and Conditions contained herein; and
(e) acknowledge that we have read and understood the Privacy Acknowledgement and Consent and Synnex’s privacy policy available at Privacy Policy

If you sign or otherwise confirm acceptance of the terms set out in this form on behalf of an entity, you represent and warrant to us that you have full authority to do so on behalf of the entity and to legally bind the entity.

Please accept Terms & Conditions to submit the form

Director(s) / Personal Guarantee

DIRECTORS’ DEED OF GUARANTEE AND INDEMNITY TO SYNNEX AUSTRALIA PTY LTD

Name of guarantor(s):

Residential address of guarantor:

Unless otherwise specified, capitalised words and expressions used in this deed have the meanings given to them in the above terms & conditions.

Each Guarantor unconditionally and irrevocably guarantees the punctual performance of all Secured Obligations to Synnex. Without limiting anything in this deed, each Guarantor must on demand immediately pay Synnex an amount equal to any amount due and payable but has not been paid on its due date by the Customer, even if Synnex has not made a demand on the Customer. Each Guarantor also unconditionally and irrevocably indemnifies Synnex in full against any loss, damage, expense, fee (including without limitation, legal fees), claim, charge, liability suit, action, penalty, compensation, fine, cost (including the costs of any enforcement actions taken by Synnex in relation to the Secured Obligations and Guaranteed Obligations, or either of them) and outgoing (together, Loss) that Synnex may at any time suffer or incur directly or indirectly because: (a) the Customer has failed to satisfy any Secured Obligations in accordance with their terms, including without limitation the failure to make a payment by its due date; (b) any agreement between Synnex and the Customer is or becomes void, voidable or wholly or partially unenforceable; (c) any money or asset the subject of any Secured Obligation is not or was not ever recoverable by Synnex; (d) an Insolvency Event occurs in respect of the Customer or a Guarantor; or (e) Synnex has to return any money paid to or received by it and credit against any Secured Obligation. Each Guarantor must on demand immediately pay Synnex any amount of such Loss even if a demand has not been made on the Customer. Each Guarantor acknowledges and agrees that their obligations under this deed: (a) are continuing obligations, separate and independent from any other obligations that it may owe to Synnex; (b) extend to the present and future balance of all monies arising out of or in connection with the Secured Obligations; (c) remain in force until the Secured Obligations and the Guaranteed Obligations have been fully satisfied; (d) are that of principal debtor and not merely as surety; (e) are not affected by anything which might operate to release, affect or discharge them in any way or discharge the Guarantor from any obligation, including (i) the novation, assignment, rescission, repudiation, termination, replacement, creation or variation of any contract or arrangement between Synnex and the Customer or another person; (ii) any increase in any amount payable by the Customer to Synnex, including an increase of the amount of any Secured Obligations; (iii) Synnex granting any time, waiver, concession or other indulgence to the Customer, the Guarantor or any other person; (iv) Synnex delaying or failing to give any person notice of any default, obtain any consent, make a demand on any person, or disclose any information; (v) any laches, other delay, acquiescence, mistake, negligence or other act or omission of Synnex; (vi) any change in the ownership or status of the Customer a Guarantor or any other person; (vii) Synnex agreeing with any person a different priority, including any postponement of priority, of any security interest or charge; (viii) any Insolvency Event or death in respect of the Customer, a Guarantor or any other person; or (ix) anything else which might at law or in equity have the effect of prejudicing, affecting or discharging the Guarantor’s liability under this deed. Each Guarantor must hold any indemnity (together with any security for that indemnity) from the Customer in trust for Synnex. To secure the Guarantors’ present and future obligations, including without limitation its payment obligations, and liabilities to Synnex under this deed (Guaranteed Obligations), each Guarantor hereby grants a security interest in all its personal property and charges all its other property, including without limitation all its rights, title and interest in and to any land, by way of a charge to and in favour of Synnex (Secured Property), without regard to the kind or location of the Secured Property, or whether the Secured Property is held by the Guarantor as beneficial owner, as trustee of a trust, or jointly with one or more persons. Each Guarantor acknowledges and agrees that the security interest created under this clause attaches to the Secured Property in accordance with the PPSA and confirms that it has not agreed to postpone the time for attachment. The Guarantors are entitled to request Synnex to discharge the charge and security interest created under this deed if: (a) the Customer satisfies the Secured Obligations in full; (b) all commitments that might give rise to any Secured Obligations are terminated, and; (c) no payment, conveyance or transfer to Synnex in satisfaction of any Secured Obligation is void, set aside or voidable, or potentially void, capable of being set aside, or voidable. Each Guarantor acknowledges and agrees that if they fail to fully satisfy any of their payment obligations to Synnex, Synnex may (a) enforce its security interest and charge; (b) declare the Guaranteed Obligations immediately due and performable; or (c) declare the Guaranteed Obligations due and performable on demand. Without limiting anything else in this deed, each Guarantor consents to Synnex registering the security interests and charges created under this deed with the register established under the PPSA and any other applicable registers, including without limitation the lodgement of one or more caveats or other such notices in respect of any land in and to which the Guarantor has any rights, title and interest. For the purposes of this deed: (a) this deed is governed by and must be construed in accordance with the laws in force in Victoria, Australia, and each Guarantor irrevocably submits to the non-exclusive jurisdiction of the courts Victoria and the Federal Court of Australia and any courts that may hear appeals from these courts about any proceedings in connection with deed, and (ii) Insolvency Event means in relation to a body corporate, a liquidation or winding up or the appointment of a voluntary administrator, receiver, manager or similar insolvency administrator to that body corporate or any substantial part of its assets, or in relation to an individual or partnership, the act of bankruptcy, or entering into a scheme or arrangement with creditors, or the occurrence of any event that has substantially the same effect to any of the above events.

Guarantor Privacy Acknowledgement and Consent

1. You acknowledge that you have read Synnex’s privacy policy and agree to Synnex:

1.1 Collecting, holding, using and disclosing your personal information, including credit related personal information ("Credit Information") including (where relevant):

(a) identity particulars;
(b) information about your existing consumer or commercial credit accounts and credit providers;
(c) information about other credit providers having accessed, or made a request for, information about you in connection with an application for consumer or commercial credit;
(d) information about your repayment history, including whether you have made payments when due, and if not, when overdue payments have been made;
(e) information about your commercial activities or commercial credit worthiness;
(f) that you have applied to be a guarantor for a credit application with Synnex and the amount of credit required;
(g) whether you have defaulted on a payment (ie. a payment that is at least 60 days overdue and over $150 in value) , provided Synnex has notified you in accordance with the Privacy Act 1988 (Cth);
(h) whether you have paid any amount previously reported as being in default;
(i) the opinion of Synnex or other credit provider, on reasonable grounds, that you have committed a serious credit infringement;
(j) publicly available information about you including about any personal insolvency events or court proceedings;
(k) information provided by credit reporting bodies, including credit scores, assessments or records

(l) information derived by Synnex from information provided to it by you, credit reporting body/bodies referred to above, or Synnex’s own records including internally generated scores, ratings or other assessments; and/or
(m) any other information lawfully obtainable within the Australian credit reporting system or otherwise contemplated by Synnex’s privacy policy.

1.2 collecting, holding, using or disclosing your personal information, including your Credit Information, for:

(a) the purpose of assessing this application for a dealer account (“Application”) including, where applicable, your application to guarantee payments owing under a dealer account;
(b) if the Application is successful, the purpose of establishing, administering and extending credit under the dealer account;
(c) the purpose of facilitating repayments owed to Synnex on behalf of any customer (“the Applicant”), whether by the Applicant or (if applicable) by you in your capacity as guarantor, and assisting the Applicant and/or you in your capacity as guarantor, as applicable, to avoid defaulting on repayment obligations;
(d) the purpose of providing you with information about products, services, promotions and events offered by Synnex, its related bodies corporate or selected third parties that may be of interest to you (unless you elect not to receive such information by contacting Synnex’s Privacy Compliance Officer at webmaster@synnex.com.au); and/or
(e) any other purposes set out in Synnex’s privacy policy.

1.3 disclosing your personal information, including your Credit Information to, and collecting your personal information including your Credit Information from (for any purpose set out in paragraph 1.2 of this Guarantor Privacy Acknowledgement and Consent):

(a) other credit providers, including for the purposes of assessing this Application, assisting the Applicant and/or you as guarantor, as applicable, in avoiding any defaults and/or assisting other credit providers in assessing your credit worthiness;
(b) the credit reporting body/bodies listed in paragraph 1.1(k) of this Guarantor Privacy Acknowledgement and Consent including for the purpose of collecting further information about you in order to assess this Application and your credit worthiness;
(c) third party service providers to whom Synnex outsources administrative and business management functions;
(d) Synnex’s related bodies corporate, business partners, contractors and consultants, insurers and professional advisors including accountants, solicitors and auditors;
(e) your professional advisors and service providers, as nominated by you;
(f) debt collection and recovery service providers;
(g) a guarantor or prospective guarantor (if any) of any credit provided by, or for which this Application has been made to, Synnex;
(h) people or entities considering acquiring an interest in Synnex’s enterprise or assets;
(i) regulatory bodies;
(j) any other person or entity authorised by you; and/or
(k) any other person or entity set out in Synnex’s privacy policy.

1.4 You understand that:

(a) if you do not agree with, and sign, this Application, Synnex may be unable to process this Application or otherwise be limited in the products and/or services it can offer, if any;
(b) you may request access to, or correction of, your personal information including Credit Information held by Synnex in accordance with Synnex’s privacy policy;
(c) you may make enquiries or complaints about Synnex’s handling of your personal information including Credit Information in accordance with Synnex’s privacy policy.

2. You acknowledge that, if this Application is approved, then this Guarantor Privacy Acknowledgement and Consent will remain in force until the full amount owing to Synnex, or related entities of Synnex under any dealer account is repaid and all related accounts are closed.

 

 

By signing below, I/WE acknowledge that I/WE have read and understood the Guarantor Privacy Acknowledgement and Consent contained in this Directors’ Deed of Guarantee and Indemnity to Synnex and Synnex’s privacy policy available at https://www.synnex.com.au/en/Content-Pages/Terms/Privacy-Policy/ and that I/WE consent to Synnex collecting, holding, using and disclosing personal information including Credit Information about WE/US in the ways, and for the purposes prescribed in the Guarantor Privacy Acknowledgement and Consent contained in this Application or otherwise in accordance with Synnex’s privacy policy.

 

 

Each Guarantor hereby declares that they understand the nature and effect of this deed and have had the opportunity of obtaining independent legal advice before executing this deed.

Name of Guarantor (Please print) Signature of Guarantor Signed sealed and delivered on (date) In the presence of (witness print name) Signature of witness

Important note: Please download, sign and email the form to DAF@au.synnex-grp.com

Please do the following steps to complete your dealer application form.

Step 1: Please click on Print & Sign button to download the duly filled form.
Step 2: Please print the dealer application form and initial EACH page at the bottom left corner and sign the application. Please note that we do not accept electronic signatures.
Step 3: Scan the signed form.
Step 4: Attach the scanned form and send email to DAF@au.synnex-grp.com or alternatively you can also Fax it to Synnex sales team at 1300 100 103.
Please note that this application form will not be considered as completed, until you have signed and sent the form through Email or Fax to Synnex Australia Pty Ltd.

*An email with the unsigned application PDF will also be sent to your nominated email address.

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