Rural Products Prepayment Program Terms and Conditions

By completing the attached Application Form, the Customer applies to participate in the B & W Rural, Rural Products Prepayment Program (“Program”) with B & W Rural Pty Ltd (“B&WR”). B&WR will assess the Customer’s application and, if approved, allow the Customer to participate in the Program on the terms and conditions set out below (“Terms”).

The Program

1. The Customer must pay minimum $10,000, no maximum limit to B&WR for participation in the Program (“Prepayment”).
2. B&WR will not charge the Customer for participating in the Program.
3. The Prepayment will accrue a reward equivalent to 5.5per cent per annum of the unused amount of the Prepayment, calculated daily, paid monthly (“Reward”).The Reward will be added in the period commencing on the date of the Prepayment and ending on the date that is 12 months after the Prepayment (“Program Period”).
4. Amounts paid to B&WR as part of the Program (including any Reward added by B&WR) cannot be paid out to the Customer or any other person under any circumstances.
Such amounts:
a. can only be used to purchase Rural Products (which, for the avoidance of doubt, does not include livestock) and services from B≀
b. must be used in full by end of the Program Period; and
c. will be forfeited to B&WR if unused by the end of the Program Period.
5. The Prepayment and any Reward cannot be paid out to the Customer or any other person under any circumstances.
6. B&WR may, in its absolute discretion, change or remove the Reward or amend these Terms on 30 days’ written notice to the Customer.
7. A certificate signed by an employee of B&WR stating the amount available to the Customer under the Program at a particular date is conclusive evidence unless proved incorrect.

Other Amounts

8. B&WR may use any Prepayments made by the Customer, and any Reward added by B&WR, as part of the Program to pay any other amounts that are due, owing and payable by the Customer to B&WR under any other arrangement that the Customer has entered into with B&WR if the Customer is:
a. in breach of these Terms or any other agreement it has entered into with B≀ or
b. insolvent within the definition of section 95A of the Corporations Act 2001 (Cth).

Governing Law

9. These Terms are governed by the laws of South Australia, and any court within the Commonwealth of Australia in which B&WR commences proceedings has non-exclusive jurisdiction to entertain any claims B&WR or the Customer may have against each other in connection with these Terms.

Assignment

10. 10. The Customer may not assign, transfer or sub-license its rights under these Terms without B&WR's prior written consent.

Acknowledgements and Warranties

11. By participating in the Program, the Customer:
a. acknowledges that the Program will benefit the Customer in the conduct of the Customer’s business;
b. acknowledges that the Customer has read and understood these Terms;
c. acknowledges that the Terms are reasonably necessary for B&WR to provide the Program for the Customer and to protect B&WR’s legitimate interests;
d. acknowledges that it has not relied on any representation by B&WR in agreeing to these Terms;
e. represents and warrants that it has obtained, or has had the opportunity to obtain but has decided not to obtain, legal, financial and taxation advice in relation to these Terms; and
f. represents and warrants that all information it has provided to B&WR in the Application Form and otherwise in connection with these Terms is true, complete and correct.

GST and Invoices

12. Each Prepayment includes GST.
13. Any additional consideration received by the Customer from B&WR when the customer purchases the goods or services will be subject to GST.
14. If the GST payable on a taxable supply by B&WR is varied for any reason, the consideration payable under these Terms must be increased or decreased to reflect that variation of the GST.
15. In these Terms, “GST” has the same meaning as in the A New Tax System (Goods & Services) Act 1999 (Cth).

Privacy

16. Information collected in the Application Form will be handled in accordance with Elders Ltd Privacy Policy (“Privacy Policy”). The Privacy Policy explains how B&WR and other wholly-owned subsidiaries of Elders Ltd will comply with the Australian Privacy Principles set out in Schedule 1 of the Privacy Act 1988 (Cth), and the purposes for which B&WR may use the Customer’s personal information.
17. Amongst other things, B&WR will:
a. take all reasonable steps to protect the Customer’s personal information from misuse, loss, unauthorised access, modification or disclosure;
b. collect personal information from the Customer in order to:
i. consider the Customer’s application to participate in the Program;
ii. maintain the Customer’s contact details;
iii. advertise, promote and provide the Customer with products or services distributed by B≀ and
iv. process transactions to which the Customer is a party.
18. A copy of the Privacy Policy is available from www.elders.com.au or upon request from B&WR.
19. By executing this document, and subject to any mandatory restrictions imposed by relevant privacy laws, the Customer authorises B&WR to do any of the things described, referred to or contemplated herein.
20. B&WR may also use and disclose the Customer’s personal information to send marketing material about other products and services that may be of interest, in accordance with the terms of the Privacy Policy. The Customer may, at any time, advise Elders’ Privacy Officer that it does not want to receive information about such products and services.
21. Customers may access personal information held about them by contacting Elders’ Privacy Officer between 9:00am and 5:00pm (Adelaide time) Monday to Friday (except public holidays in South Australia) on: