GUARANTEE, INDEMNITY AND CHARGE.

In consideration of HARRINGTON BOBCAT HIRE PTY. LTD. (A.C.N. 055 988 915) and/or its Related Bodies Corporate or their respective assigns trading under various firm names or styles (“the Supplier”) agreeing at the request of the Guarantor (which request is testified by the Guarantor’s execution of this document) to commence or continue to supply to the Customer on credit or otherwise goods and/or services from time to time on the terms and conditions imposed from time to time by the Supplier on the Customer the Guarantor (jointly and severally if more than one) agrees with the Supplier as follows.

1.That this guarantee applies to all moneis owed by the Customer to the Supplier or any Group Company. In this Guarantee “Group Company” means any of HARRINGTON BOBCAT HIRE PTY. LTD., REDCLIFFE SKIPS, Harrington Bobcat & Excavator Hire and the term “Supplier” includes express reference to each Group Company.The Supplier enters into this Guarantee in its own right and as agent for each Group Company.

2.To pay to the Supplier without any demand and without any deductions, all monies which are now or may from time to time hereafter be owing or remain unpaid by the Customer to the Supplier on all accounts whatsoever including (without limitation):

(a) (i) all monies payable in respect of the supply of goods and services;

(ii) interest payable on overdue accounts;and

(iii) costs (on a full indemnity basis) of any attempt made by or on behalf of the Supplier to recover monies from the Customer or from the guarantor or to secure any such indebtedness or liability to the Supplier. Monies shall for the purpose of this Guarantee remain owing and unpaid until they have been actually paid to the Supplier not with standing that they may not be or may cease to be recoverable from the Customer or any other person.

(b) To Guarantee the due performance of the Customer of any other obligations owed by it to the Supplier.

3. This Guarantee shall be a continuing Guarantee.

4.The Supplier may at any time (with or without the notice to the Guarantor) without discharging the Guarantor from liability:

(a) grant time or other indulgence to the Customer in respect of the liability of the Customer to pay the Supplier;

(b) accept payment from the Customer in cash or by means of negotiable instruments;

(c) refuse to supply to the Customer further supplies of products and/or services;

(d) grant to the Customer or to any drawers, acceptors or endorsers of Bills of Exchange, Promissory Notes or other securities received by the Supplier from the Customer or on which the Customer may be liable to the Supplier at any time, further time or other indulgences;

(e)may release or impair any security;

(f)release or otherwise compromise with the Customer;

(g)release or otherwise compromise with another Guarantor.

5.The Guarantor shall not be discharged from liability by:

(a)the administration in insolvency of the Customer or the Guarantor or either of them (“administration in insolvency”) includes any receivership or receivership and management, any winding up (voluntary or compulsory) and any official management or composition, arrangement with or assignment for the benefit of creditors in the administration in equity or otherwise of the estate or assets in whole or in part of the Customer or Guarantor as the case may be);

(b)from time to time any variation, modification or novation in the terms of supply of the obligations of the Customer or of other aspects of the relationship between the Supplier and the Customer;

(c)the Suppliers’ act, neglect, omission, delay or default by which the whole or part of the liability of the Guarantor or all or any part of the liabilities Guarantee would but for this provision have been affected or discharged;

(d)the release of the Customer and or one or more Guarantor by operation of law or otherwise.

6.The Guarantor shall pay to the Supplier upon demand from time to time amounts equal to amounts received by the Supplier for the credit of any account of the Customer and for which the Supplier may in or in connection with any administration in solvency of the Customer be obliged to account to any person or may in its discretion so account.

7.The Guarantor shall be jointly and severally liable with the Customer as principal debtor and not a mere surety for the Customer and the Guarantor waives all rights inconsistent with the provisions of this clause 6 which the Guarantor might otherwise have been entitled to claim and enforce. The obligations of the Guarantor imposed by this clause shall not be in any way limited by other clauses in this Guarantee.

8.This Guarantee shall be enforceable against the Guarantor (if more than one) jointly and again steach of them severally not with standing that any negotiable instrument or other securities as referred to in clause 3 hereof shall at the time of proceedings being taken by the Supplier against the Guarantor or any of them be then outstanding or incirculation.

9.This Guarantee shall remain in force so long as the Customer shall maintain an account with the Supplier for the sale of products and/or rendering of services by the Supplier to the Customer not with standing that the account may from time to time be not indebt PROVIDED THAT the Guarantor may,by giving the Supplier three months’ prior notice in writing, terminate this Guarantee so far as it relates to transactions occurring between the Supplier and the Customer after the expiry of that period where upon the liability of the Guarantor upon this Guarantee shall be limited to the amount representing the indebtedness of the Customer to the Supplier at the date upon which that period of three months expires. That Notice must be left personally with the Finance Manager  of the Supplier or such other person as may be notified by the Supplier to the Guarantor in writing.

10.In the event that the whole or any part of parts of any provision in this Guarantee should be held to be void or unenforceable in whole or in part then such provision or part thereof shall to that extent be severed from this Guarantee but the validity and enforceability of the remainder of this Guarantee shall not be affected.

11.Not with standing that this Guarantee may be intended or expressed to be given by more than one Guarantor, it shall be valid and binding on such person or persons as shall sign the document and shall be binding forth with upon signature by such person and shall continue to be binding on each such Guarantor or Guarantors shall not in fact subsequently sign the Guarantee or otherwise by bound as a Guarantor.

12.A statement in writing signed by the Supplier’s Manager or Finance Manager stating monies payable by the Guarantor to the Supplier shall be prima facie evidence of the amount pay able and will be deemed observed if left in an envelope or mailed to the guarantor at the address shown on this Guarantee.

13.Whatever the context of this Guarantee so admits or requires, words importing the singular number shall include the plural number, and those importing a gender include the other genders, and words importing natural persons shall include corporations. This Guarantee and all obligations hereunder shall be binding on the Guarantor’s personal representatives, successors and permitted assigns.

14.(a) Unless varied by notice in writing by the Supplier, this Guarantee and every variation amendment or special term of this Guarantee and all matters arising from the relationship of the Supplier with the Guarantor shall be interpreted and governed in accordance with the laws of the State or Territory specified or made applicable in the terms and conditions of sale agreed on by the Supplier and the Customer provided that if those terms do not so specify then in accordance with the laws of the State or Territory in which this document is signed.

(b)The Guarantor submits to the exclusive jurisdiction of the Courts in the capitalcity of the State or Territory provided for inclause 14(a) or such other Stateor Territory (or, if there is more than one court in any such capital city, the one chosen by the Supplier at its absolute discretion) as the Supplier may from time to time notify in writing to the Guarantor.

(c)The Supplier and the Guarantor agree that proceedings may be commenced in any Court in the capital city of the State or Territory having jurisdiction by virtue of clauses 14(a) or (b) above and consent to that court having locality jurisdiction not with standing that it may not have such jurisdiction withoutthis consent.

15.Where the Guarantor is a trustee:

(a)The Guarantor agrees to forth with produce a stamped copy of the trust deed (with all amendments) if and when requested by the Supplier;

(b)The Guarantor warrants that he, she or it has full power and authority for the benefit and purposes and objects of the trust to enter into this Guarantee on behalf of the trust and that he,she or it (as the case may be)(and that the trust and all of its real or personal property) shall be bound by the terms of this Guarantee both personally and as trustee irrespective of whether or not the guarantor discloses to the Supplier that the guarantor is a trustee at the time of entering into this Guarantee.

16.To better secure the payment of all monies which the Guarantor may become liable to pay to the Supplier hereunder, and as an essential condition of this Guarantee, the Guarantor charges all of its interest in real property both present and future and where so ever situated with the amount of the Guarantor’s indebtedness to the Supplier on any account whatsoever from time to time and shall, immediately upon demand being made on the Guarantor by the Supplier, sign all documents and so all things that the Supplier may reasonably require to be signed and done to further secure to the Supplier the amount of any indebtedness owed to the Supplier from time to time by the Customer or Guarantor including, but without being limited to, such mortgage or mortgages  over any real property (whether acquired before or after the date of this Guarantee) containing such covenants as are required by the Supplier and such bills of sale or mortgage debentures over any or all items of personal property as are listed in any section of this Guarantee giving details of assets. The Guarantor (and if more than one then jointly and each of them severally) irrevocably ap point(s) the Supplier,each Manager and each Finance Manager from time to time of the Supplier, each successor of the Supplier, each assignee of the Supplier and each of them severally to be the duly constituted attorney of each Guarantor to execute in the name of each Guarantor and as each Guarantor’s several act and deed any documents including, without limitation, any mortgage or mortgages of real property,billsofsale,mortgage debentures or any like documents and Consents to any Caveats as the Supplier may wish to lodge against any dealings in the real property of the Guarantor in any Titles Office (and if more than one Guarantor, the real property of each Guarantor severally and real property of each combination of Guarantors) and to do all acts and execute any documents necessary to give effect to and/or register any of the foregoing. Each Guarantor under takes to not object to the lodging of any such caveat or take any steps to remove any such caveat. “Real property” includes estates and interests including lease hold. I/We hereby also authorise any officer, partner or employee of any solicitors or agents engagedby the Supplier or any of the Supplier’s officers or employees as referred to previously in this clause to sign any stamp duties form on my/our behalf so as to stamp any form required to withdraw any caveat lodged by the Supplier over any of my/our real property.

17.Each of us acknowledge that the information provided in this Agreement is the basis for evaluation by the Supplier of the financial standing and credit worthiness of each of us and do hereby:

(a)certify that the information provided in this Agreement is true andcorrect;

(b)acknowledge that the Supplier has informed me/us, in accordance with the Privacy Act 1988 as amended, that certain items of personal information, including an opinion about me/us are permitted to be kept on a credit information file and might be disclosed to credit reporting agencies;

(c)in accordance with the Privacy Act 1988 as amended:

(i)agree to the Supplier obtaining from a business which provides information about the commercial credit worthiness of persons, information concerning my/our commercial activities or commercial credit worthiness and using such information for the purpose of assessing whether to accept me/us as guarantors.

(ii)authorise the Supplier to exercise my/our rights to access to my/our credit information file and credit reports;(d)agree that the Supplier may give to and seek from any credit providers reports and information that has any bearing on my/our credit worthiness, credit standing, credit history or credit capacity for any of the following purposes:(i)to assess an application by me/us for credit or commercial credit.(ii)to notify other credit providers or a default by me/us.

(iii)to exchange information with other credit providers as to the status of my/our account here I am/we are in default with the Supplier or other credit provider.

(iv)to access my/our credit worthiness or commercial credit worthiness at any time.

(v)to access whether to accept me/us as guarantors or to continue supplying credit to the Customer;(e) agree that the Supplier may seek, from a credit reporting agency, a credit report containing personal information about me/us to assess whether to accept me/us as a Guarantor for credit applied for, or provided to, the Customer;(f)agree that these authorisations shall continue to have effect for the duration of the period during which credit or commercial credit is provided for or sought by the Customer from the Supplier or while any moneys are owed by me/us or the Customer to the Supplier on any account under this or any other Guarantee or any terms and conditions for the sale of products or supply of services by the Supplier to the Customer as the case maybe.

18.(a)Each party consents and agrees that this Guarantee may be executed and delivered:

(i) by any and all parties by way of electronic signature. If this Guarantee is executed by any party by way of electronic signature it must be considered an original and each party consents and agrees to be legally bound by this Guarantee’s terms and conditions; and (ii) by email or other electronic means and this has the same force and affect as delivery of an original document with original signatures. (b)Each party agrees that no certification authority or other third party verification is necessary to validate its electronic signature and that the lack of such certification or third party verification will not in any way affect the enforceability of its electronic signature or any resulting contract between the parties. (c)Each party must do all things and execute all documents necessary to give full effect to this Guarantee

Privacy Policy – HARRINGTON BOBCAT HIRE PTY. LTD., REDCLIFFE SKIPS, HARRINGTON BOBCAT & EXCAVATOR HIRE

What is this privacy policy about?

This Privacy Policy describes how Harrington Bobcat Hire Pty Ltd will treat the personal information that we collect about you through your use of our website, social media websites and pages and other communications with us. This Privacy Policy applies to all interactions with us, subject to a more situation specific policy, disclosure or contract by or between us.

This Privacy Policy explains to you how we collect, hold, use and disclose your personal information and how you can access and correct your personal information and what to do if you have a complaint.

Collection of personal information

• What kinds of personal information do we collect and hold?

The kinds of personal information that we collect and hold includes names, contact details, employment history, educational qualifications, government related identifiers (e.g. tax file and inland revenue numbers, driver licence information),and other information you voluntarily provide to us, complaint details and other information for our business functions and activities.

We may also collect sensitive information, such as membership of a trade union or professional association, health information and insurance policy information in respect of contractors and prospective employees.

• How do we collect and hold personal information?

We usually collect personal information directly from the relevant individual. We may collect your personal information when you communicate with us, such as when you:

(a) make inquiries about us, our products and services or contact us for any other reason so that we can process, deal with and respond to your queries or other issues including any complaints; or

(b) contact, register with, post to, like or follow any of our social media websites, pages, forums or blogs; or

(c) use or register on our website; or

(d) register a product you have purchased or subscribe to any of our services; or

(e) register for and attend at events; or

(f) make applications for prospective employment and contracting opportunities with us; or

(g) subscribe to a newsletter, fill out a form or survey, enter or participate in any competitions or promotions.

Collection of personal information on our website or our social media pages will either be made clear from the context (e.g. request to complete information fields) or will state to the user that personal information is being collected.

In addition we may collect information through click tracking (in relation to your use of our website including the content you access and any services you utilise) and through log files or cookies (as further detailed below).

• What happens if you do not provide your personal information to us?

If you do not provide personal information that we request in connection with our activities, we may not be able to provide some or all of our products or services to you or be able to respond and assist in the manner required.

• Why do we collect, use, hold and disclose your personal information?

We collect, use, hold and disclose your personal information for the purposes of conducting our functions and business activities, including:

(a) names and contact details, to provide our products and services to our customers and information and all services relating to our products and services;

(b) names and contact details, to record information regarding products purchased from us and to provide further services to you, such as product warranties and guarantees, and repair or replacement of products;

(c) names, contact details, transaction and experience information such as information on your purchase transactions and our communications with you, to assist in providing better products and services to you by tailoring them to meet your needs, to keep our websites and other online presence relevant and of interest to users, for direct marketing including promotions, newsletters and competitions, to show you advertising and information that is most relevant to you and your interests, and to carry out analysis of market activity, market research and surveys;

(d) for verification of your identity for use of our website, to conduct address verification or credit checks for invoicing and billing purposes;

(e) to provide you with further information about us or other websites or goods or services offered by us or our related companies or which we consider may be of interest to you;

(f) names, contact details, educational information, membership of trade and professional associations, sensitive information and government related identifiers, for contracting with individuals and assessing individuals for current or future employment opportunities; and

(g) any other purpose which is stated to you at the time of collection or that you otherwise authorise.

• Do we use cookies or other web tracking systems?

We track traffic patterns throughout the URL (website) registered to us.

We use "cookies" on our website. A "cookie" is a small amount of information which is transferred to the hard drive of your computer and which can identify your web browser, but not you. If you want, you can disable your web browser from accepting cookies. If you do so, you can still access our website, but not all services may be available.

We may automatically collect general statistical information on our website about visitors to our website, such as IP addresses, browsers used, dates visited, pages visited and number of visitors. However, such information does not refer to individuals by name or their contact details. We use this data in aggregate to improve our website. We may provide such aggregated data to third parties, but in so doing, we do not provide identifiable personal information without the individual's consent.

We use third party providers to provide us with web analytics services. These providers collect information on how individuals use our website. These providers may use cookies and other technology such as clear gifs or web beacons to obtain such information. This allows us to improve our website and our services.

• Collection from third parties

In some instances, we may collect personal information about individuals from third parties, such as wholesale and retail suppliers of home building,renovating and design related products, where individuals have made inquiries about our products to such third parties, via recruitment agencies or from third party medical service providers (which provide medical reports and services to us). In such circumstance we are relying on the third party to have obtained the individual’s consent. We may also obtain personal information from publicly available resources.

Will we disclose personal information to anyone else? We may disclose personal information to:

(a) our related companies and affiliates;

(b) third party contractors and providers of goods and services, such as courier and delivery companies, marketing and promotion companies, training and training certification agencies and business support services like storage and handling of documents and data, and information technology service providers;

(c) market research companies who undertake customer surveys for us;

(d) insurance companies;

(e) professional service firms providing services to us, such as legal or accountancy services;

(f) as required by law, such as to regulatory agencies; and

(g) any other recipient which is notified to you at the time of collection or that you otherwise authorise.

We may also provide your information to others, if required or permitted by law, in accordance with the Principles and the Privacy Act.

Do we disclose personal information overseas?

We may disclose your personal information outside the country of collection.

We share personal information outside the country of collection:

(a) where we have made a business decision to store our data with a trusted service provider who is in the business of providing data storage and processing services. These services commonly involve diverse geographic locations which may change from time to time, including as a result of change of provider, changes in data protection practices and processing efficiency. Where these services are used by us, it is not always practical for us to notify you of which country your personal information may be located in;

(b) for disclosures between our group companies. Our main business locations are in Australia and

(c) when our business which collected your personal information is in a different country to your location.

Electronic messages

You consent to the usage, provision and acceptance of any information, including our latest news or notices, in electronic form in accordance with all applicable legislation.

If you provide us with electronic contact details (including email or mobile phone number), you agree that we may send you commercial electronic messages for any of the purposes set out in this privacy policy.

Unsubscribing from our marketing materials

• Unsubscribing from email lists

When we send commercial electronic messages (e.g. for marketing or promotional purposes), our message will contain instructions on how you may unsubscribe.

• Unsubscribing from social media pages

Our social media pages provide instructions as to how you can unsubscribe from the relevant social media website or page.

• Unsubscribing from hard copy promotional materials

When we send you hard copy promotional materials, such materials will include instructions on how you may unsubscribe from receiving such materials.

Advertising and third party links:

Our website or other online presence may contain links to a variety of advertising and third party website sources. Some of these links may request or record information from users or use cookies or other methods to collect information from you. We have no control over the content or privacy policy practices of such sites, and encourage our users to review the privacy policies of such sites before engaging in any activity with them.

Dealing with us anonymously or using a pseudonym

You may deal with us on an anonymous basis or by using a pseudonym when making inquiries through our website or social media pages, or when you make general inquiries by telephone and do not require a further response from us. However, we may need certain contact details from you to respond to inquiries.

Generally, we will require your personal information in order to transact with you.

Storage, Access, Correction and Removal of your Personal Information

Any personal information that you provide to us will be collected and held by or on behalf of us. For our physical address please refer here. Under applicable privacy law, you may have rights of access to or correction of your personal information. You can do so at any time by contacting the Privacy Officer by email at office@harringtonbobcats.com.au, or to the 'Privacy Officer’, PO Box 337, Kippa Ring QLD 4021 or 26 Beach St, Kippa Ring Qld 4021, Australia.

Before we provide you with access to your personal information we may require some proof of identity. We may charge a reasonable fee for giving access to your personal information if your request requires substantial effort on our part.

In accordance with the Privacy Act, if we do not agree to:

a) provide you with access to your personal information or to amend or annotate the information we hold about you, you may seek a review of our decision; or

(b) make the requested changes to your personal information, you may make a statement about the requested changes and we will attach it to your record.

Business Transitions

In the event of a change in ownership of all or a portion of our business or the website, your user and other personal information may be transferred to the new owner so that the business or website (as applicable) can continue operations. In this event, your information would remain subject to this privacy policy.

Defined terms in this Privacy Policy

“Principles” is a reference to the privacy principles under the Privacy Act.

“Privacy Act” is a reference to each of the Privacy Act 1988 (Cth) (Australia), and any other applicable privacy laws in Australia.

Complaints

You can send written complaints about a breach of the Principles or the Privacy Act in relation to your personal information by email to office@harringtonbobcats.com.au by mail to the 'Privacy Officer’, PO Box 337 Kippa Ring Qld 4021 or 26 Beach St, Kippa Ring Qld 4021. Complaints will be reviewed by our Privacy Officer and a response will usually be provided within 30 days of receipt of the complaint.

If you believe that your complaint has not been satisfactorily addressed by us, after following the procedure set out above, you can make a complaint in Australia to the Office of the Information Commissioner (OAIC). The OAIC's contact details are here and the OPC’s contact details are here. For more information about making a complaint, contact us at office@harringtonbobcats.com.au

Amendments

We may amend this Privacy Policy at any time. Amendments to this Privacy Policy will be posted on our website and will be effective when posted. Please check our Privacy Policy regularly for updates and amendments.

*As amended April 2022