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APPLICATION FOR COMMERCIAL CREDIT
Lawrence & Hanson Group Pty Ltd ABN 69 080 350 812 and its “related bodies corporate”, as that phrase is defined in the Corporations Act 2001 (Cth) (“Lawrence & Hanson”)
I/We the Customer named below (variously in this application called “I/we”, “me/us”, “you” and “your” or the “Customer”) apply for credit and acknowledge and agree that:
I/we represent/warrant that the information set out in this application is true and correct and acknowledge that Lawrence & Hanson will rely upon the information provided and will be induced to grant credit to me/us on the basis of this representation and warranty
Declaration for National Credit Code
I/We declare that the credit to be provided to me/us by Lawrence & Hanson is to be applied wholly or predominantly for business and/or investment purposes. Important: You should not sign this application unless the credit is wholly or predominantly for business and/or investment purposes.
Credit Reporting Statement
Important information about credit reporting
The personal information provided on this form may be disclosed (to the extent permitted by Part IIIA of the Privacy Act 1988 (Cth)) to a CRB to obtain a commercial or consumer credit report about you. The CRB may include this information in reports provided to other credit providers, to assist them in assessing your credit-worthiness.
You consent to Lawrence & Hanson:
Credit information and credit eligibility information about you may also be disclosed to Lawrence & Hanson’s related entities in Hong Kong and France. The consents set out above will remain in force until all credit facilities are discharged in full.
The personal information requested on this application (“Information”) is being collected to assess the Customer’s application for commercial credit and, if the application is accepted, to provide the Customer with goods and services and to manage Lawrence & Hanson’s business relationship with the Customer. The Information may also be used in connection with the enforcement of any obligations owed by the Customer to Lawrence & Hanson including, without limitation, obligations under the Guarantee and Indemnity accompanying this application.
The Information may be disclosed to the third parties detailed in the Credit Reporting Statement above (to the extent permitted by Part IIIA of the Privacy Act 1988 (Cth)), our related entities, suppliers, agents and contractors (such as transport and storage providers, marketing and communications providers, information technology providers, legal advisers and debt collection agencies) in order to provide the Customer with our goods and services and manage our relationship with the Customer, and for any other purposes you have consented to or which are authorised by law. We may also use and disclose the Information to send you communications about our goods and services or the status of your account (including after the Customer’s credit facility ceases) by email, text message or other form of communication. If you do not wish to receive these communications, please call our marketing department on (03) 9243 3555. We will continue to send you the communications until you advise us otherwise. We may also disclose the Information to third parties acquiring, or considering acquiring, an interest in Lawrence & Hanson’s business or assets. The Information may also be disclosed to Lawrence & Hanson’s related entities that are outside Australia for the purposes outlined above. The Lawrence & Hanson overseas related entities to which the Information may be disclosed are located in Hong Kong and France. If the Information requested is not provided, we may not be able to process this application.
By signing this Application, I/we declare that I/we understand the Privacy Statement and the Credit Reporting Statement above and I/we consent to Lawrence & Hanson collecting, using and disclosing my/our Information as set out above and to Lawrence & Hanson obtaining credit reports about me/us from a CRB. I/we undertake to notify any person whose Information I/we have provided in this application about the Privacy Statement.
Guarantee & Indemnity
In consideration of Lawrence & Hanson agreeing at the request of the Customer to sell goods and/or services or give credit to the Customer, the directors of the Customer being the persons required to sign this application on behalf of the Customer, and such other persons required by Lawrence & Hanson to sign this application (regardless of whether or not the Customer is a corporation) (“Guarantor”), jointly and severally enter into this Guarantee and Indemnity (“Guarantee”) in favour of Lawrence & Hanson on the following terms.
The Guarantor unconditionally and irrevocably guarantees to Lawrence & Hanson the due and punctual payment of the Guaranteed Moneys and agrees:
(a) on demand from time to time to pay an amount equal to the Guaranteed Moneys then due and payable; (b) any statement signed by an Lawrence & Hanson director, secretary, manager or authorised representative certifying the amount of Guaranteed Moneys or the money owing by the Guarantor under this Guarantee is, in the absence of manifest error, binding and conclusive; (c) this Guarantee is a continuing guarantee and indemnity and remains in full force and effect until all the Guaranteed Moneys are paid or satisfied in full and is in addition to, and not prejudiced or affected by, any other security or guarantee held by Lawrence & Hanson for the payment of the Guaranteed Moneys; (d) the liabilities of the Guarantor and the rights of Lawrence & Hanson under this Guarantee are not affected by anything which might otherwise affect them at law or in equity; and (e) if any payment by the Customer is avoided or set aside whether by a court order or by agreement pursuant to a settlement, or refunded or reduced or rendered unenforceable by any laws, that payment will be taken not to have been made and Lawrence & Hanson is entitled to recover from the Guarantor the value of that payment as if that payment had never been made.
The Guarantor as a separate and principal obligation unconditionally and irrevocably indemnifies Lawrence & Hanson against any loss Lawrence & Hanson suffers as a result of the nonpayment of the Guaranteed Moneys. Lawrence & Hanson need not incur any expense or make any payment before enforcing this right of indemnity.
No failure or delay by Lawrence & Hanson to exercise any power, right or remedy under this Guarantee operates as a waiver, nor does any single or partial exercise of any power, right or remedy preclude any other or further exercise of that power, right or remedy. Lawrence & Hanson’s rights and remedies under this Guarantee are in addition to any rights and remedies arising at law.
Claim in Insolvency
Until this Guarantee is released by Lawrence & Hanson, the Guarantor will not, without Lawrence & Hanson’s consent, prove in any Insolvency Process of the Customer in competition with Lawrence & Hanson.
Application of Moneys Received
If Lawrence & Hanson receives or recovers money in respect of debts of the Customer or anyone else, Lawrence & Hanson may use it to pay off whichever part of those debts it chooses and does not have to apply it for the Guarantor’s benefit
As security for payment to Lawrence & Hanson of the Guaranteed Moneys and for its obligations generally under this Guarantee, the Guarantor charges in favour of Lawrence & Hanson the whole of the Guarantor’s undertaking, property and assets (including, without limitation, all of the Guarantor’s interests, both legal and equitable, in freehold and leasehold land) both current and later acquired. The Guarantor irrevocably appoints any authorised representative of Lawrence & Hanson as its attorney to do all things necessary to perfect each such charge.
The Guarantor must pay to Lawrence & Hanson all costs, charges, fees and expenses incurred by Lawrence & Hanson in connection with entry into this Guarantee, the exercise or attempted exercise of any power, right or remedy under this Guarantee, and the failure of the Guarantor to comply with any obligations under this Guarantee.
The Guarantor acknowledges that the Guarantor: (a) has entered into this Guarantee voluntarily; (b) is liable for all Guaranteed Moneys irrespective of Lawrence & Hanson having set, not set, increased or reduced any credit limit and whether notified to the Guarantor or not; (c) has continuing obligations under this Guarantee notwithstanding the Guarantor may cease to be a director of, or otherwise associated with the Customer; (d) has read and understood the nature and consequences of entering into this Guarantee; (e) has not signed this Guarantee on the basis of any representation of any of Lawrence & Hanson, its employees, agents or representatives or under the duress of any person; (f) is entitled to seek independent legal advice before signing this Guarantee; (g) submits to the nonexclusive jurisdiction of the courts of Victoria and agrees that the law applying in Victoria is the proper law governing this Guarantee; (h) gives this Guarantee in favour of Lawrence & Hanson on its own behalf and for the benefit of each of Lawrence & Hanson’s related bodies corporate, as that phrase is defined in the Corporations Act 2001 (Cth), or any one or more of them as the context permits or requires (“Lawrence & Hanson Group”); (i) the benefit of this Guarantee is held by Lawrence & Hanson on its own behalf and on trust for each Lawrence & Hanson Group member; (j) Lawrence & Hanson may enforce and recover under this Guarantee for and on behalf of any Lawrence & Hanson Group member; and (k) Lawrence & Hanson is free to make any amendments to this Guarantee without reference to an Lawrence & Hanson Group member.
If there is more than one Guarantor, the Guarantor remains liable notwithstanding the failure by any other Guarantor to sign, or their release by operation of law or otherwise.
The Guarantor acknowledges and agrees that Lawrence & Hanson may assign the benefit of the Guarantee at any time without the prior written consent or knowledge of the Guarantor.
Each clause and sub-clause of this Guarantee is separate and independent. If any clause or sub-clause is found to be invalid or ineffective, the other clauses or sub-clauses or parts will not be adversely affected.
In this Guarantee, unless the context requires otherwise:
Means all moneys which are, will or may be at any time in the future, owing or payable to Lawrence & Hanson by the Customer for any reason whatsoever and includes, without limitation, money by way of principal, interest, fees, costs, indemnities, charges, duties or expenses or payment of liquidated damages.
Includes any bankruptcy or personal insolvency agreement, administration or liquidation of a corporation, scheme of arrangement, deed of company arrangement, receivership, receivership and management or anything similar;
Lawrence & Hanson
Means Lawrence & Hanson Group Pty Ltd ABN 69 080 350 812 and its “related bodies corporate”, as that phrase is defined in the Corporations Act 2001 (Cth) or any one or more of them as the context permits or requires.
In this Guarantee unless the context requires otherwise, all references to a party include the party’s successors and permitted assigns. This document binds the Guarantor both personally and as trustee of any trust of which the Guarantor is a trustee.
Terms and Conditions of Sale
Orders: Lawrence & Hanson may accept or reject any order for Products. Acceptance of an order may be in whole or in part, by delivery of the relevant Products or in such other manner communicated by Lawrence & Hanson to the Customer, including where the Products are backordered. Where the order value is less than $55.00 (inclusive of GST), Lawrence & Hanson may apply a handling fee of $10.00 (inclusive of GST). Notwithstanding that acceptance of an order has been communicated to the Customer, Lawrence & Hanson may in its complete discretion refuse to supply the Products (or such part of the Products) at any time. Without limiting any other provision of these Terms, Lawrence & Hanson is not liable for any loss or claim suffered by the Customer as a consequence of Lawrence & Hanson taking such action.
Delivery: Unless otherwise agreed, Lawrence & Hanson will arrange for the delivery of the Products to the Customer. Risk of loss passes to the Customer on the earliest to occur of collection of the Products by the Customer from an Lawrence & Hanson branch or other Lawrence & Hanson specified location; delivery of the Products to the Customer or third party site designated by the Customer; or delivery of the Products by Lawrence & Hanson to a carrier for the purpose of delivering the Products to the Customer or third party site. Delivery of Products to the Customer will be to a single site, unless otherwise agreed in writing by Lawrence & Hanson and the Customer. Requests for proof of delivery may only be made within 30 days of the invoice date. If a request is not made within this time, Products are deemed delivered.
Pricing: Prices for Products are those quoted by Lawrence & Hanson in writing and are open for the period of time specified in the quotation or 30 days, whichever is the lesser. Otherwise, the prices for Products will be as set out in Lawrence & Hanson’s then current price list. Lawrence & Hanson may charge delivery fees and storage fees for Products.
Payment: The Customer must pay for all Products supplied by Lawrence & Hanson within 30 days after the end of the month in respect of which the invoice relating to the Products is dated or any longer period approved by Lawrence & Hanson to the Customer. The Customer may not withhold, set-off or otherwise resist payment on any basis. Payment by credit card will incur a transaction fee.
Interest: Lawrence & Hanson is entitled to charge the Customer interest on amounts not paid within the specified credit period in an amount equal to 2% of the amount outstanding, calculated monthly from the invoice date until payment of the debt.
Discounts: In addition to all other rights of Lawrence & Hanson, if the Customer is in breach of any of its obligations under the Contract, any discounts, including settlement discounts, rebates or other economic benefits provided to the Customer by Lawrence & Hanson are automatically revoked and the prices for Products will be adjusted upwards accordingly.
GST: Each amount payable by the Customer under these Terms in respect of a Taxable Supply by Lawrence & Hanson is a GST exclusive amount and the Customer must, in addition to that amount and at the same time, pay the GST payable in respect of that supply. “Taxable Supply” and “GST” have the meanings set out in the A New Tax System (Goods and Services) Act 1999(Cth).
Withdrawal or Variation of Credit: Lawrence & Hanson may, at any time, without the need to provide a reason and without any obligation on Lawrence & Hanson to notify the Customer, increase, decrease or withdraw any credit facilities granted to the Customer.
Ownership: (a) Title to and ownership of the Products do not pass until the Customer and all Related Bodies Corporate of the Customer have paid all moneys owing to Lawrence & Hanson on any account in full. (b) Until payment of all such moneys, the Customer holds the Products as fiduciary bailee and agent for Lawrence & Hanson and must keep the Products physically separate from all other goods of the Customer, and clearly identified as owned by Lawrence & Hanson. (c) If an Event of Default occurs, then without prejudice to Lawrence & Hanson’s other rights, Lawrence & Hanson may on providing reasonable notice to the Customer, enter any premises occupied by the Customer or any other place where the Products may be, and recover possession of them. If the Products are on a third party site, the Customer must procure access rights for Lawrence & Hanson from the controller of the third party site such that Lawrence & Hanson may enter onto the site and recover and retake possession of them on reasonable notice. (d) If the Customer sells any of the Products while money is owed to Lawrence & Hanson, the Customer holds the proceeds on trust for Lawrence & Hanson. Such proceeds shall be deemed to equal in dollar terms such corresponding part of the amount owed by the Customer to Lawrence & Hanson at the time of receipt. (e) If the Customer uses the Products in some manufacturing or construction process of its own or of some third party, then the Customer shall hold such part of the proceeds of such manufacturing or construction process as relates to such Products in trust for Lawrence & Hanson. Such proceeds shall be deemed to equal in dollar terms the corresponding amount owing by the Customer to Lawrence & Hanson at the time of receipt. (f) Until payment of all moneys owing on any account to Lawrence & Hanson, any proceeds referred to above received by the Customer must be held in a separate account and not mixed with any other funds. (g) The rights of Lawrence & Hanson under this clause 9 do not limit or exclude any other rights of Lawrence & Hanson against the Customer.
Charge over Customer’s Property: As security for payment of all moneys payable to Lawrence & Hanson by the Customer, the Customer charges in favour of Lawrence & Hanson the whole of the Customer’s undertaking, property and assets (including, without limitation, all of the Customer’s interests both legal and beneficial in freehold and leasehold land) both current and later acquired. The Customer irrevocably appoints each Officer as its attorney to do all things necessary to register each such charge.
Security Interests: (a) Terms that are defined in the Personal Property Securities Act 2009 (Cth) (“PPSA”) have the same meaning in this clause. (b) The Customer agrees and acknowledges that, for the purposes of the PPSA, Lawrence & Hanson has a security interest in the Products and in any right in relation to or derived from the Products and such other undertaking, property and assets of the Customer. (c) Lawrence & Hanson may register its security interests under clauses 9, 10 and 11. (d) The Customer waives the right to receive a verification statement under the PPSA. (e) The Customer agrees that, if Chapter 4 of the PPSA applies to the enforcement of Lawrence & Hanson’s security interests, the following provisions of the PPSA will not apply to that enforcement: section 95, to the extent that it requires Lawrence & Hanson to give a notice to the Customer; section 96; section 130, to the extent that it requires Lawrence & Hanson to give a notice to the Company; subsection 132(3)(d); subsection 132(4); section 135; section 142 and section 143. (f) Subject to subsection 275(7) of the PPSA, neither party may disclose information of the kind referred to in subsection 275(1) of the PPSA.
Suspension or Ceasing of Supply: (a) Lawrence & Hanson may in its complete discretion and without incurring any liability to the Customer, cease or suspend supply of Products to the Customer even if an order is part fulfilled. (b) Without limiting sub-clause (a) or any other rights Lawrence & Hanson has, if an Event of Default occurs Lawrence & Hanson may, without prejudice to its other rights, call up moneys owed to it by the Customer, retain all moneys paid on account, or cease further deliveries and recover from the Customer all loss of profits arising therefrom, and/or enter onto any premises where Products are located and with the full cooperation and assistance of the Customer and retake possession of any Products. Where the Products are located on a third party site, the Customer must procure access for Lawrence & Hanson or its representatives.
Liability of Lawrence & Hanson: (a) Subject to sub-clauses (b) and (c) below, Lawrence & Hanson will not be liable for any loss or damage whatsoever suffered by the Customer as a result of any act, omission or statement made by Lawrence & Hanson, its employees, contractors or agents whether negligent or not, except that nothing in these Terms limits any liability imposed by any statute unless or to the extent that it is lawful to do so. Without limiting the foregoing, any works, including rectification works are at the sole cost and expense of the Customer. (b) In respect of Products supplied by Lawrence & Hanson to the Customer, subject to sub-clause (d), if the Customer is a Consumer, the liability of Lawrence & Hanson however caused, suffered or incurred by the Customer because of a failure to comply with a Consumer Guarantee is limited, at Lawrence & Hanson’s option, to replacement of the Product or supply of equivalent Product; repair of the Product; payment of the cost of replacing the Product or acquiring equivalent Product; or payment of the cost of having the Product repaired. (c) In respect of services supplied by Lawrence & Hanson to the Customer, subject to sub-clause (d), if the Customer is a Consumer, the liability of Lawrence & Hanson however caused, suffered or incurred by the Customer because of a failure to comply with a Consumer Guarantee is limited, at Lawrence & Hanson’s option, to supplying the services again or payment of the cost of having the services supplied again. (d) Sub-clauses (b) and (c) do not apply if: it is not ‘fair and reasonable’ for Lawrence & Hanson to rely on them in accordance with sections 64A(3) and (4) of the Australian Consumer Law; the Products are Consumer Goods; the services are Consumer Services; or the loss arises in relation to any guarantee pursuant to any of sections 51, 52 or 53 of the Australian Consumer Law.
Warranties: (a) This clause does not apply to a Customer who is a Consumer. Otherwise, the Customer acknowledges and agrees that it has not relied on any representation made by Lawrence & Hanson which has not been expressly stated in these Terms. Any representation, advice, recommendation, information or assistance provided by Lawrence & Hanson in relation to the Products supplied or their use or application must not be relied upon by the Customer and the Customer acknowledges and agrees that it is the Customer’s responsibility to satisfy itself as to the appropriate use or application of the Products and that the Products are suitable for any particular purpose. Any description of our Products including any specifications, diagrams, samples or drawings are approximate and are given by way of identification only. Without limiting this sub-clause (a), the use of that description does not constitute a sale by description and does not form part of the Contract. The Customer indemnifies Lawrence & Hanson against all loss, cost, expense, demand, claim or liability suffered or sustained by Lawrence & Hanson in connection with any act or omission of the Customer including but not limited to negligence of the Customer or any unauthorised representation made or warranty given by the Customer in connection with the Products. (b) This clause does not apply to a Customer who is a Consumer. Otherwise, the Customer will have no claim for defects in respect of any Products apparent on inspection unless a written complaint is received by Lawrence & Hanson within 7 days of receipt of the Products by the Customer, which complaint identifies the defect. Lawrence & Hanson will, at its option, accept the return of, or give a credit for Products where: the Customer has complied with this sub-clause (b); Lawrence & Hanson is satisfied as to the claim by the Customer; in the case of Products that have at the request of the Customer been specifically sourced, the supplier of such Products will accept return of the Products for credit; and, if Lawrence & Hanson elects to have the Products returned, the Products are returned to Lawrence & Hanson in the same condition as when first delivered to the Customer with the relevant invoice number and date of order. Lawrence & Hanson will not accept the return of or give credit for Products supplied in cut lengths or otherwise fabricated to Customer specifications or requirements. Lawrence & Hanson may, at its sole discretion, accept the return of, or give credit for, Products that are not damaged or defective if requested by the Customer. All Products returned are subject to a minimum handling charge of 20% of the invoiced price except in the case of defective Products or Products incorrectly supplied. In the case of buy-ins against Customer orders, credit will only be allowed if the original manufacturer/supplier also accepts the return.
Certification: A statement signed by an Officer certifying the amount of any moneys payable by the Customer or identifying any Products as “unpaid for” is, in the absence of manifest error, conclusive and binding on the Customer. A text or electronic mail message from Lawrence & Hanson to the Customer constitutes a statement by an Officer for the purposes of this clause.
Notification of Change of Details: The Customer will notify Lawrence & Hanson of any change in its ownership, structure or management, including any change of director, shareholder or beneficiaries, or any change in partnership or trusteeship within 7 days of the date of change.
Provision of Financial Information: The Customer will supply, promptly on request of Lawrence & Hanson and, in any event no later than 5 days after such a request is made, certified copies of its most recent financial statements (including management accounts, if required), tax returns and any other financial information of the Customer requested by Lawrence & Hanson.
Intellectual Property: These Terms do not give the Customer any intellectual property rights in the Products. Lawrence & Hanson is not liable to the Customer for any infringement or unauthorised use of intellectual property rights.
Effect of Other Terms: These Terms supersede all previous terms and conditions between Lawrence & Hanson and the Customer. No terms of the Customer apply to any agreement between the Customer and Lawrence & Hanson.
Amendment to Terms: Lawrence & Hanson may amend these Terms from time to time without reference to the Customer and such Terms, as amended, will apply from such date. The current Terms are available on the Lawrence & Hanson website lh.com.au. The Customer agrees that any orders placed with Lawrence & Hanson are subject to the Terms displayed on the website as at the date the order is accepted by Lawrence & Hanson.
Expenses: The Customer must pay to Lawrence & Hanson any costs, charges and expenses (including all stamp duty and legal fees calculated on a full indemnity basis) incurred by Lawrence & Hanson in connection with the entry into these Terms, the exercise or attempted exercise of any power, right or remedy under these Terms, and the failure of the Customer to comply with these Terms.
Trusts: These Terms bind the Customer both personally and as trustee of any trusts of which the Customer istrustee
Severance: Each clause and sub-clause of these Terms is separate and independent. If any clause or sub-clause is found to be invalid or ineffective, the other clauses or sub-clauses or parts will not be adversely affected.
Application of Laws: The parties submit to the non-exclusive jurisdiction of the courts of Victoria and agree that the law applying to Victoria is the proper law governing these Terms.
Set-Off: Lawrence & Hanson may set-off amounts owing by Lawrence & Hanson to the Customer or the Customer’s Related Bodies Corporate against moneys owing by the Customer to Lawrence & Hanson on any account. Lawrence & Hanson’s right of set-off does not exclude or limit the Customer’s obligations (including to pay) in any way. The Customer may not set-off.
Assignment: Lawrence & Hanson may assign the Contract without the prior written consent or knowledge of the Customer.
Definitions: In these Terms unless the context requires otherwise: (a) “Australian Consumer Law” means Schedule 2 of the Competition and Consumer Act 2010 (Cth) and the corresponding provisions of the relevant State Fair Trading Acts; “Consumer” has the meaning given to it in the Australian Consumer Law; “Consumer Goods” means goods of a kind ordinarily acquired for personal, household or domestic use or consumption, as that expression is used in the Australian Consumer Law; “Consumer Guarantee” means the guarantees provided in Chapter 3, Division 1 of the Australian Consumer Law; and “Consumer Services” means services of a kind ordinarily acquired for personal, household or domestic use or consumption, as that expression is used in the Australian Consumer Law; (b) “Event of Default” means any of the following events: (i) the Customer fails to pay for the Products; (ii) the Customer is in breach of these Terms; (iii) if the Customer is a company: an order is made or a resolution is effectively passed for winding up of the Customer; the Customer resolves to appoint a receiver or provisional liquidator or an administrator, or a receiver or provisional liquidator or an administrator is appointed; the Customer goes into liquidation or makes an assignment or an arrangement or composition with its creditors; the Customer stops payment or is deemed unable to pay its debts within the meaning of the Corporations Act 2001 (Cth);(iv) if the Customer is a natural person, an order is made for the Customer’s bankruptcy, or the Customer dies or becomes mentally or physically incapable of managing his or her affairs or an order is applied for or made to place the assets and affairs of the Customer under administration (v); the Customer ceases or threatens to cease carrying on business; (vi) Lawrence & Hanson forms an opinion, on a reasonable basis, that any of the foregoing are likely to occur (c) “Officer” means each director, secretary, manager and authorised representative of Lawrence & Hanson; (d) “Lawrence & Hanson” means Lawrence & Hanson Group Pty Ltd ABN 69 080 350 812 and its Related Bodies Corporate or any one or more of them as the context permits or requires; (e) “Products” means all goods and/or services (including delivery and cutting services) supplied or to be supplied by Lawrence & Hanson to the Customer; (f) “Related Bodies Corporate” has the same meaning as in the Corporations Act 2001 (Cth).
Related Bodies Corporate: The Customer acknowledges that: (a) Lawrence & Hanson enters this Contract on its own behalf and for the benefit of each of Lawrence & Hanson’s related bodies corporate, as that phrase is defined in the Corporations Act 2001 (Cth), or any one or more of them as the context permits or requires (“Lawrence & Hanson Group”); (b) the benefit of this Contract is held by Lawrence & Hanson on its own behalf and on trust for each Lawrence & Hanson Group member; (c) Lawrence & Hanson may enforce and recover under this Contract for and on behalf of any Lawrence & Hanson Group member; (d) Lawrence & Hanson is free to make any amendments to these Terms without reference to an Lawrence & Hanson Group member.
Anti-Corruption: The Customer hereby undertakes that at the date of entering into this Contract, the Customer, its directors, officers or employees have not offered, promised, given, authorised, solicited or accepted any undue pecuniary or other advantage of any kind (or implied that they will or might do any such thing at any time in the future) in any way connected with the Contract, and that the Customer has taken reasonable measures to prevent subcontractors, agents or any other third parties, subject to its control and determining influence, from doing so. The Customer hereby agrees acknowledges and agrees that it is the Customer’s responsibility to satisfy itself as to the appropriate use or application of the Products and that the that, at all times and in connection with and throughout the course of the Contract and thereafter, it will comply with and that it will take reasonable measures to ensure that its subcontractors, agents or other third parties, subject to their control or determining influence, will comply with all applicable laws and regulations preventing bribery and corruption. Further details regarding Lawrence & Hanson’s policies and procedures in respect of anti-corruption can be found on the website available at: https://www.sonepar.com/about/compliance-and-integrity.html.