ANZ CONSUMERLENDING PRODUCTSTERMS AND CONDITIONSEFFECTIVE 8 JULY 2024
SAMOA EDITIONINTRODUCTION
References to ANZ
In these Terms and Conditions, ‘we’, ‘us’, ‘our’ and ‘ANZ’
refers to ANZ Bank (Samoa) Limited.
Read your product terms and conditions
You should read all relevant terms and conditions material
that is provided to you and ask ANZ about any issues thatconcern you.
This document does not contain all the precontractual
information required to be given to you. The rest of theinformation is contained in your Letter of Offer.
Your Letter of Offer describes the annual percentage rate,
repayments and credit fees and charges that apply to yourloan or facility. When you accept the offer of credit from ANZ
in your Letter of Offer, you agree to pay the annual percentage
rate (interest) on the amount of credit provided by ANZ and to
pay the credit fees and charges and to make the repayments
described in the Letter of Offer (but subject to change as
described in this booklet and in your Letter of Offer).
If you accept the offer of credit made to you, the contract
will be made up of (collectively, the “Agreement”):•

the terms in your Letter of Offer;

How to use this booklet
Below you will see the list of products and services thatthese Terms and Conditions cover and over the page aredetailed contents, including page references.
This booklet outlines areas such as opening and using
ANZ accounts, specific product terms and conditions andhow to contact us (at the back of this booklet).
General enquiries
If you have any general enquiries about this booklet, orthe terms and conditions contained within it, or simply
need more information about any ANZ account, pleaseask at any ANZ branch or phone us during working hours
on +685 69999. Alternatively you might also find theinformation on anz.com/samoa.
This booklet contains terms and conditions for thefollowing consumer lending products:• Home Loans• Overdraft Facility• Investment Home Loans• Personal Loans• Small Loans• Personal Lines of Credit.

• these ANZ Consumer Lending Terms and Conditions(“Terms and Conditions”); and• any special conditions accompanying your Letter of Offeror otherwise agreed in writing by you and ANZ to be“Special Conditions”;
as may be varied, amended and supplemented from time
to time.
Part or all of these Terms and Conditions that are illegal
or unenforceable may be severed from these Terms andConditions and the remaining provisions of these Terms
and Conditions remain in force.

2

It is important that you read and understand the above
mentioned documents. If you do not understand, or
are unsure about any aspect of these documents, do
not hesitate to ask us to clarify the matter for you.
When you are reading these ANZ Consumer Lending
Products Terms and Conditions, keep in mind thatsome terms have a special meaning which is explained
under Section 1 of this document.

3

CONTENTS

1.34 Indemnity

Section 1: General Conditions

8

1.1 Definitions

8

1.2 Actual amounts you need to pay may bedifferent from those in your Letter of Offer

10

1.3 Annual Percentage Rate (Interest Rate)

11

32

1.35 APS222 disclosure

32

1.36 Date of advance (full sum advance loans)33

1.37 Loan purpose

33

1.38 Loan disbursement33

1.39 Drawdown confirmation

33

1.40 Specific obligations

33

12

1.41 How interest is calculated and debited

34

12

1.42 Loan repayments

35

1.6 Specific fees and charges

14

1.7 Other costs we may incur

16

1.43 Changes to repayments of principal
and interest

35

1.8 Changes to fees and charges

16

1.9 Government charges

16

1.44 Repaying your loan early during a variableinterest rate period

361.10 Security

17

1.45 ANZ’s right to combine accounts

36

1.11 Insurance

18

Loans for construction purposes:

36

1.12 Trusts

19

1.46 Date of first advance (progressively drawn loans)36

1.47 Progress payments

37

1.4 Processing of repayments, additional
payments or other transactions
1.5 General fees, charges and costs

1.13 ANZ’s rights if there is a default underthe Agreement19

1.48 Restriction on advances for construction loans

37

1.14 Joint and several liability

20

1.49 Valuations and surveys

37

1.15 Disclosure of financial information

21

Loans during a fixed interest rate period

38

1.16 Privacy and confidentiality – ANZ’s collection,
use and disclosure of personal information

21

1.50 How interest is calculated during the fixedinterest rate period for Interest-in-Advance loans

38

1.17 Statements

23

1.18 Notices

23

Section 2: Electronic Banking Conditions of Use

40

1.19 Transfer of ANZ’s rights

25

2.1 Conditions of Use

40

1.20 Waiver25

2.2 Transaction limits

40

1.21 Changes to terms and conditions

25

2.3 How you can use ANZ Internet Banking

40

1.22 Availability of funds

26

2.4 Access levels for ANZ Internet Banking

41

1.23 Accepting your Letter of Offer

26

2.5 Processing instructions – general41

1.24 Disruption to service

27

1.25 Withholding27

1.26 Changes in Government Requirements

2.6 Processing date42

2.7 Processing instructions – ANZ Internet Banking

4327

2.8 Processing instructions– local transfers and international services

43

1.27 Changes in the law

28

2.9 Processing instructions – BillPay service

44

1.28 Market disturbance29

2.10 Card validity

45

1.29 Law and jurisdiction

29

2.11 Lost or stolen cards, password or PIN

46

1.30 Force Majeure30

2.12 Lost and stolen card and PIN – while overseas

46

2.13 Cancellation of cards or electronic access46

2.14 Withdrawal of electronic access47

2.15 Your responsibility regarding your
ANZ Card and Password and PIN

48

1.31 Financial services dispute resolution schemes
and making a complaint30

1.32 If you are in financial difficulty31

1.33 Anti-money laundering and sanctions

31

4

5

2.16 Unauthorised transactions

49

Insurance

56

2.17 Additional protection50

3.10 Do I have to take out insurance?

56

2.18 Equipment malfunction

51

Mortgages

56

2.19 Liability under BillPay

51

2.20 Changes to the Electronic Banking
Conditions of Use

3.11	If my contract says I have to give a mortgage,
what does this mean?

56

52

3.12 Should I get a copy of my mortgage?

56

2.21 Changes to transactions made throughelectronic terminals

52

3.13	Is there anything that I am not allowed to dowith the property I have mortgaged?

56

2.22 Printed transaction records

52

2.23 Third party services

52

2.24 General52

3.14	What can I do if I find that I cannot afford
my repayments and there is a mortgage
over property?

57

2.25 EFTPOS

53

3.15 Can ANZ take or sell the mortgaged property?

57

3.16 If ANZ writes asking me where the mortgaged
goods are, do I have to say where they are?

57
57

2.26 Maestro and Cirrus

53

Section 3: Information Statement

54

The Contract54

3.17 When can ANZ or its agent come into a residence
to take possession of mortgaged goods?

3.1 How can I get details of my proposed
credit contract?

General

58

54

3.18 What do I do if I cannot make a repayment?

58

3.2 How can I get a copy of the final contract?

54

3.3 Can I terminate the contract?

55

3.19 What if ANZ and I cannot agree on asuitable arrangement?

58

3.4 Can I pay my credit contract out early?

55

3.20 Can ANZ take action against me?

58

3.5 How can I find out the pay out figure?

55

3.6 Will I pay less interest if I pay out mycontract early?

55

3.7 Can my contract be changed by ANZ?

55

3.8 Will I be told in advance if ANZ is going to
make a change in the contract?

55

3.9 Is there anything I can do if I think thatmy contract is unjust?

56

6

3.21 Do I have any other rights and obligations?

58

Section 4: Customer Enquiries

59

7

SECTION 1:
GENERAL CONDITIONS
1.1 Definitions
The following definitions apply unless otherwise stated:• ‘Acceptance Period’ means the period described assuch in your Letter of Offer.
• ‘accrued interest’ means interest which ANZ isentitled to charge, but that has not yet been debitedto your account.
• ‘Agreement’, ‘contract’ or ‘credit contract’ means
your Letter of Offer, these Terms and Conditions, and any
special conditions accompanying your Letter of Offeror otherwise agreed in writing by you and ANZ, or as
incorporated pursuant to the Terms and Conditions.
• ‘annual percentage rate’ means the interest rate/s
applicable to your loan or facility, as set out in yourcovering Letter of Offer (but subject to change as
described in the Letter and these Terms and Conditions).
• ‘ANZ Group member’ means ANZ and each of its
branches, representative offices, regional offices,
subsidiaries, affiliates, related entities, employees, officers
and agents, in any country.
• ‘ANZBGL’ means Australia and New Zealand Banking
Group Limited (ABN 11 005 357 522) and its transferees,
successors and assigns.
• ‘ANZ Internet Banking’ means banking services
provided via the Internet and accessible atanz.com/samoa.
• ‘Bank Mail’ means the electronic messaging service thatallows us to communicate with you by email within our
secure Internet Banking system.
• ‘business day’ means any day from Monday to Friday(excluding public holidays), on which ANZ is open forbusiness in at least one of its branch locations in Samoa.
• ‘Charged’ or ‘debited’ means in relation to a bankaccount, that money is taken from that account by ANZ.
• ‘Cleared Funds’ means money in your account, available
for you to use, which won’t be reversed or dishonoured
for any reason.
• ‘CRN’ means the customer registration number issued
by ANZ to you.
8

• ‘date of advance’ means, for full sum advanceloans, the date all or any of the loan is first advanced.
For progressively drawn loans, it means the date on
which any part of the loan is first advanced.
• ‘date of disclosure’ means the date of disclosure
specified in your Letter of Offer.
• ‘disruption to service’ means that a service is
temporarily unavailable, or that a system or equipment
fails to function in a normal or satisfactory manner.
• ‘event of default’ is defined in Section 1.13 of theseTerms and Conditions.
• ‘Guarantor’ means a person (other than you) who hasgiven, gives or is to give a security for the purpose of
securing any loan or facility provided to you and includes
that person’s executors, administrators, successors
and transferees.
• ‘interest only Period’ means the period described assuch in your Letter of Offer.
• ‘law’ means any law, legislation, regulation, proclamation,
ordinance, by-law, rule, instrument, official directive,
ruling, order or notice of any court or government body,
circular, code of practice, code of conduct, prudential
requirement or licensing requirement, in any country.
• ‘Letter of offer’ means the letter of offer provided
by ANZ and accepted by you, which covers your loan
or facility.
• ‘loan’ and ‘facility’ means an ANZ Housing Loan,
Fully Drawn Advance, Personal Loan, or such otherloan or facility provided by ANZ, the terms of which aredescribed in your Letter of Offer.
• ‘Local Transfer Processing Day’ means any day from
Monday to Friday that is not a public holiday in Samoa.
• ‘material adverse change’ is defined in Section 1.13 ofthese Terms and Conditions.
• ‘PIN’ means personal identification number and includes
an action number.
• ‘PPS’ means personal property securities or securedtransactions legislation.
• ‘scheduled balance’ means the loan balance that yourloan would have had, if you only ever paid the minimum
repayments as they fell due on your loan.

9• ‘security’ means any:(a) security for the payment of money or performanceof obligations, including a mortgage, charge, security
interest, lien, pledge, trust or title retention or flawed
deposit arrangement; or(b) right, interest or arrangement which has the effectof giving another person a preference, priority or
advantage over creditors including any right of
set‑off; or(c) right that a person (other than the owner) has to remove
something from land (known as a profit à prendre),easement, public right of way, restrictive or positive
covenant, lease, or licence to use or occupy; or(d) third party right or interest, or any right arising as aconsequence of the enforcement of a judgment, or
any agreement to create any of them or allow themto exist;or any agreement to create any of them or allow themto exist.
• ‘settlement’ means the process by which you repay thefull amount outstanding under your loan and your loanaccount is closed by ANZ.
• ‘Terms and Conditions’ means the terms andconditions described in this booklet.
• ‘you’ includes any of the persons accepting the offer inyour Letter of Offer.
1.2

Actual amounts you need to pay may be different
from those in your Letter of offer
The actual amounts you need to pay under your loan
or facility, including repayments and interest rates, may
be different from the amounts set out in your Letter ofOffer. This is because the financial details in your Letter ofOffer are based on some assumptions that may change.
The financial details in your Letter of Offer:

1.3

Annual Percentage rate (interest rate) interest
rates can change
Variable reference rates (or Index rates) can be changed
at any time including the period between the date ofdisclosure (set out in your Letter of Offer) and the dateof drawdown.
Fixed reference rates can also be changed at any time
before drawdown, but not once the loan has been drawn
and the fixed interest rate period has started.
At the end of any fixed interest rate period, you may apply
for another fixed interest rate period, and, if ANZ agrees
to your request, you will be advised of any extra or varied
terms which will apply. Please note that fees may apply as
set out in your covering Letter of Offer.
If your Letter of Offer provides for an interest rate margin,that margin will, unless varied by ANZ, apply for the term of
the loan or facility.
Notifying you of changes
If there is a change in the reference rate or interest rate
margin that applies to your loan or facility, you will be
notified no later than the date on which the change takes
effect, by notice in writing or advertisement published in anational newspaper.
Details of the change will also appear on your next
statement. For further information in respect of otherchanges that may be made in respect of interest rates,
refer to Section 1.21 below.
You can also check interest rates and reference rates onanz.com/samoa, by asking at any ANZ branch or calling+685 69999 during business hours.

• use interest rates and fees applicable at the date ofdisclosure (set out in your Letter of Offer);• assume the loan or facility will be fully drawn on the dateof advance (where relevant) unless you nominated a
progressive drawdown;• include government duties and taxes payable onforeseeable withdrawals and receipts; and• include periodic bank fees, where applicable, except
when they are to be paid from another account.
10111.4 Processing of repayments, additional payments orother transactions

You agree to pay all fees, charges and costs that apply toyour loan.

If you make a request in relation to your ANZ loan or
facility on a day that is not a business day, your request will
generally be submitted for consideration on the following
business day.

The fees under paragraph (a) above are set out in our
ANZ Fees and Charges Customer Banking Services brochureand you can get a copy on our website, in any branch or bycalling our contact centre.

Generally, any transaction made on your ANZ loan or facility
will be processed on the same day as long as it is madebefore the following times:

You agree that the above amounts are payable in one of
the following ways:• during normal opening branch hours on business days;• before 4pm on business days for funds transfers madethrough ANZ Internet Banking.
Any transaction made after these cut-off times may beprocessed on the following business day.
If a payment is made by mail it will be credited to youraccount by ANZ on the date of receipt. You should allow asuitable amount of time for the mail to reach ANZ.
If a cheque used for a repayment is dishonoured, therepayment will be treated as not having been made, andinterest will continue to accrue on the unpaid daily balance
until actual payment is received. If a repayment or otherpayment is due on the 29th, 30th or 31st of a month which
does not contain such a date, it is due on the last day ofthat month.
If a repayment or other payment is due on a day which is nota business day, it must be paid on the next business day.
A repayment or other payment made to your account on
the last day of a statement period may not appear on thestatement issued for that period. If so, the repayment orother payment will instead appear on your next statement,
together with its effective date.
1.5 General fees, charges, and costs
We can charge you for:(a) fees for the products and services you receive from us;(b) any payments to third parties we make in relation to
the loan or facility, security or guarantee (including any
government fees, charges and taxes in relation to theloan or security); and• If we’ve agreed to lend you the money to pay any
amount we can charge you, the relevant amountwill either:– be included in your loan amount; or– be added to your loan amount after you have signed
the Letter of Offer; or• The relevant amount will be charged to your ANZ
transactional account on the day that amount is due; or• Where there are not enough Cleared Funds in your ANZ
transactional account to pay for the relevant amount, therelevant amount will be added to your loan amount.
Any amounts added to your loan amount will accrue
interest daily at the same rate as the loan amount from thedate it is added to the loan amount.
Where any amount is added to your loan amountafter you have signed the Letter of Offer, you needto contact us about either paying that amount orchanging your loan repayment amount.
If you don’t pay that amount or agree a changed loan
repayment amount with us, your loan repayments will
not be enough to pay that amount and any interest
that accrues on it, by the repayment date.
Information on current bank fees is also available via
anz.com/samoa, at any ANZ branch or by calling us on+685 69999 on business days.

(c) the costs we incur when we exercise our rights underthese Terms and Conditions or any other agreement.
See Section 1.6 for more detail.

1213

1.6 Specific fees and charges
A description of the fees that may be applicable isdetailed below:

Fee name

How the fee ischarged (unless
Description of the fee otherwise agreed)Loan
We may charge
approval fee a loan approvalfee for assessing
and documenting
your loan.

If we have agreed tolend you this amount,
it will be added toyour loan amount.
Otherwise it will becharged to your ANZ
transactional accountand debited from that
account on or before
drawdown of yourloan.

Third party
fees andcharges

Any fees that we haveagreed to lend you
will be added to yourloan amount.
If we have not agreed
to lend you theseamounts, you willneed to pay such fees
when they are due.
Any fees that you do
not pay when due
will be added to yourloan amount andaccrue interest daily
at the same rate.

These are fees
charged by third
parties including
the government,
external valuers andsolicitors. They may
include consent fees,
government charges,
registration fees andvaluation fees.

Bank cheque The first bank cheque The fee will be
fee
we provide on
charged to yourdrawdown of the loan ANZ transactionalis free of charge. We
account when the
charge a fee for eachbank cheque isadditional request toissued, replaced or
issue or maintain arepurchased.
bank cheque, including:• issuing a bankcheque• replacing an unusedbank cheque• repurchasing an
unused bank cheque.

14

Fee name

How the fee ischarged (unless
Description of the fee otherwise agreed)

SimpleWe charge a fee forcertificate fee each certificate ofbalance or interest, orbank opinion that we
prepare for you.

The fee will becharged to your ANZ
transactional accountwhen you make therequest.

Loan
We charge this fee if
The fee will bemaintenance we do something tocharged to your ANZ
feemaintain or changetransactional accountyour loan, including:once the activity iscompleted.
• if you ask us tochange from one
product to anotheror from one interest
rate to another, andwe agree.
• if you ask us toprepare, amend,
sign or verify a loan
document. Examples
are documents
relating to Security or
guarantee, and theLetter of Offer.
• when you repay yourloan in full and theloan account is closed(Settlement).
• discharge or releaseof a Security or
guarantee, other thanat Settlement.
Printing fee

You can ask for thefollowing, but wemay charge you a feefor printing and/or
sending it (including
electronically):• copies of bankstatements• interim bankstatements• photocopying• any other document.

The fee will becharged to your ANZ
transactional accountwhen you ask for the
printing.

15

1.7 Other costs we may incur
You must pay any costs or losses we incur when we use orprotect our rights under your loan agreement, any security,
or other agreements with us.
For example, you must pay any costs or losses we incur if
you or your guarantor breach your loan and we have torecover any amounts you owe under your loan agreement.
You must also pay any costs if we have to sell or recover andmaintain any security we hold for your loan.
Our costs will depend on the type and complexity of thetransaction and your circumstances. They include any legal
costs, real estate agent or registered valuer’s fees, otherprofessional advisor fees, auction fees, and taxes.
1.8 Changes to fees and charges
ANZ can do the following:
Minimum
number ofdays of notice Method of notice
Introduce a new 30 days
fee, change thefrequency or
payment dates ofeach feeBy press
advertisement,
posters in branches,with details provided
on next statement

Increase afee, change
the methodof calculationor manner ofpayment ofeach fee

30 days

By press
advertisement,
posters in branches,with details provided
on next statement

Decrease a fee

Day of change• if ANZ is holding any existing security/ies at the date ofdisclosure, and you accept your Letter of Offer, you agree
to that security also being held by ANZ as security for the
new loan or facility;• security documents are prepared on ANZ’s normal
security forms. If special circumstances exist, or if ANZ
considers it necessary, these forms will be changed
or new securities will be drafted to ensure there iseffective security;• if changes to securities or new security items areprepared outside ANZ, you must pay to ANZ any
reasonable external fees which are incurred. You can ask
for a quote or an estimate and the fees will be payable on
the date they are invoiced to ANZ;
• you can obtain copies of ANZ’s normal security
documents through any ANZ branch before you accept
any loan or facility offer;• ANZ must be satisfied with the title and the security
documents before it will provide any credit.
Costs of further steps
Everything you are required to do under this section is atyour expense. You agree to pay or reimburse the reasonable
costs of ANZ in connection with anything you are required
to do under this section.
Costs of ANZ for the purposes of this section include
for example:• ANZ’s charges and commissions;

By press
advertisement,
posters in branches,with details provided
on next statement

If any other change reduces your obligations, ANZ can giveless than 30 days notice but you will be notified with or on
your next statement.
1.9 Government charges
Government duties, taxes and other charges incurredbecause of receipts and withdrawals (including cheques)
made to or from your account, are payable by you.
16

1.10 Security
Your Letter of Offer will tell you about any security required
by ANZ for your loan or facility. Please be aware that:• expenses;• fees;• costs incurred in connection with professional advisors
including legal costs (calculated on a full indemnity basis)for this loan or facility or any security for it; and• taxes and duties (for example stamp duty).
PPS further steps
If ANZ reasonably considers that your Letter of Offer or
security document (or a transaction in connection with it)
is or contains a security interest for the purposes of PPS,
you agree to do, and you agree to ensure each Guarantor,
does anything (such as obtaining consents, signing and17

producing documents, getting documents completed andsigned and supplying information) which ANZ asks andconsiders reasonably necessary for the purposes of:(a) ensuring that the security interest is enforceable,
perfected and otherwise effective; or(b) enabling ANZ to apply for any registration, or give any
notification, in connection with the security interest sothat the security interest has the priority required by
ANZ; or(c) enabling ANZ to exercise rights in connection with thesecurity interest.

Once the amount of the insurance premium has been
added to the amount of your loan, interest will accrue
daily on this additional amount at the same rate as on theamount of your loan.
Where any amount is added to the amount of your loan,
you need to contact us about either paying that amount orchanging your repayment amount.
If you don’t pay that amount or agree a changed repayment
amount with us, your loan repayments will not be enoughto pay that amount and any interest that accrues on it, by
the repayment date.

1.11 Insurance
All insurable property mortgaged to ANZ must be insured
for all usual risks under a policy acceptable to ANZ, at the
replacement value or an insured sum not less than theloan or facility amount as may be determined by ANZ at
its sole discretion, with an insurance company approved
by ANZ. ANZ or its nominees must be recorded on theinsurance policy as the appropriately ranked mortgagee
and co-insured. An original insurance policy is to beprovided to ANZ before the loan or facility will be available
for drawdown and as and when it is required by ANZ.

1.12 Trusts
If you enter into the loan or facility as a trustee, you agree
that you are liable under the loan or facility both personallyand as trustee of the trust. You are also assuring ANZ that:

Annually, you must provide ANZ with either a cover noteor certificate of currency, together with a receipt for thepremium(s) paid, for the property mortgaged to ANZ.

1.13 ANZ’s rights if there is a default under the
Agreement
In this paragraph, “you” includes any one of the persons
accepting the loan or facility offer.

It is your responsibility to ensure that the required minimum
level of cover as set from time to time is maintained
throughout the term of the loan or facility.
Should you fail to provide ANZ with renewed certificate ofcurrency within 7 days from its expiry date, ANZ may, after
giving you a 7 day notice to comply, debit your account for
the insurance premium due to be paid.
It is your responsibility to pay the insurance premiumfor the insurance, regardless of whether ANZ makes any
payments of your insurance premium.
If you do not pay the insurance premiums we may decideto pay any premiums on your behalf. We will do this only
when you have not repaid some or all of the amounts you
owe us under your loan.
You will reimburse us for the full amount of any insurance
premium we pay on your behalf. We will add the amountof the insurance premium to the amount of your loan.
18• the loan or facility is for a proper purpose under the trust;• you have the power and authority under the trust toenter into the contract; and• you have the right to be indemnified fully out of thetrust property, before the beneficiaries of the trust, for all
liabilities you incur under the loan or facility.

If any of the following events of default occur, ANZ canrefuse to provide further credit and (subject to noticeas described below) require you to make immediate
repayment in full of all money you owe ANZ or will or may
owe ANZ in the future under the loan or facility.
An event of default occurs:• if you do not make a payment due under the Agreementby its due date;• if there is any breach of any term or condition of this loan
or facility, any other facility provided to you by ANZ, or
any security provided to ANZ for this loan or facility or
the other facility;• if, in ANZ’s opinion, any event or circumstance arises
causing a material adverse change in your financial
situation likely to affect your ability to meet yourobligations under the loan or facility or any security for it.

19‘Material adverse change’ includes but is not limited toyour death, termination of your employment, enforcement
proceedings by any creditor against you or any property
mortgaged as security for the loan or facility, any reduction
in value of property mortgaged to ANZ as security for thisloan or facility, any insurance over the mortgaged property
is cancelled or declined, any information supplied by
you to ANZ in connection with the loan or facility or any
security for the loan or facility being untrue or incorrect, ora material adverse change to the effectiveness or priorityof any security granted by you or a guarantor for this loan
or facility.
Before ANZ requires immediate repayment in full, youwill be given 30 days written notice to allow you an
opportunity to remedy your default. If ANZ fails to give you
notice regarding any event of default, ANZ has not waived
its right to do so later.
However, ANZ will not give you such notice, or wait 30 days
to allow you to remedy the default, and all principal, interest
and other money owing in respect of this loan or facility will
become immediately repayable without notice, if:

1.15 Disclosure of financial information
ANZ can require you to provide information about yourfinancial circumstances at any time during the loan or
facility to show there has been no material adverse change
in your financial situation which may be likely to affect yourability to meet your obligations under the loan or facility or
any security for it.
ANZ can also require a new valuation of any property
provided as security for the loan or facility.
1.16 Privacy and confidentiality – ANZ’s collection, use
and disclosure of personal information
When you deal with ANZ, we may collect and use some ofyour information, including details about your transactions,
your financial conditions, your relationship with us
and/or your loan/s or facility/ies (collectively referred to as“information”). We explain below when and how we may
collect, use and disclose your information.
(1) Collection of information
ANZ may use and disclose the information we collectabout you for the following purposes:• ANZ believes, on reasonable grounds, that it was inducedby fraud on your part to enter into the loan or facility; or(a) to provide information about a product or service;• ANZ has made reasonable attempts to locate you, but
without success; or(c) to provide you with a product or service;• a court authorises ANZ to require immediate repayment
without giving such a notice; or• goods are mortgaged or otherwise given to ANZ as
security for the loan or facility, and ANZ believes on
reasonable grounds that they have been or will be
removed or disposed of without ANZ’s permission; or• ANZ believes on reasonable grounds that urgent action
is necessary to protect property that is mortgaged as
security for the loan or facility.
1.14 Joint and several liability
If there is more than one person who is party to the loan
or facility, then each person is liable individually for the fullamount of the loan or facility, in addition to each of you
being jointly liable with each other.

(b) to consider your request for a product or service;(d) to tell you about other products or services;(e) to perform internal administrative, operational
and technology tasks (including technology
infrastructure maintenance and support, application
maintenance and support, risk management,
systems development and testing, credit scoring,
staff training and market, customer satisfaction
research and business continuity management);(f) to prevent or investigate any fraud, unlawful
activity or misconduct (or suspected fraud,
unlawful activity or misconduct);(g) as may be required under laws and/or byagreements with government agencies or revenue
authorities, whether inside or outside of the country
where your facility/ies is provided and held with us,
to make inquiries about your tax status; and(h) as required by relevant laws and external payment
systems, whether inside or outside of the country
where your facility/ies is provided and held with us.

2021

Absence of relevant personal information
If you do not provide some or all of the information
requested, ANZ may be unable to provide you with aproduct or service.
(2) Disclosure of information by ANZ
By applying for and/or continuing to use the loan/sor facility/ies provided by us, you acknowledge andagree that any information that ANZ has collected orwill collect from or about you from time to time may bedisclosed to and/or collected, held, processed, stored inelectronic or virtual data storage, or used, in whole or inpart, in any country by the following persons:(a) any ANZ Group Member;(b) any outsourced provider, contractors, agents,
auditors and advisers which ANZ or any ANZGroup Member engages to carry out or assist withits banking functions and activities (for example
mailing houses, credit reporting or debt
collection agencies);(c) regulatory bodies, government agencies,
revenue authorities, law enforcement bodies andcourts, whether inside or outside of the country
where your facility/ies is provided and heldwith us, for the purpose of complying with any
law and/or disclosure obligation we may haveunder an agreement with such bodies, whether
the disclosure is made directly or through any
ANZ Group Member;(d) other parties ANZ Group Members are authorised
or required by law to disclose information to;(e) participants in the payments system (including
payment organisations and merchants) and otherfinancial institutions (for example banks);(f) insurers and reinsurers;(g) your representative (for example your legal adviser,mortgage broker, attorney or executor);(h) any person, which in ANZ’s view, the disclosure isnecessary or desirable for the purpose of allowing
us to perform our duties and to exercise ourpowers and rights under this agreement; or(i) any person with your prior written consent.

22

1.17 Statements
ANZ will provide a statement for the loan or facility to every
party to that loan or facility, or to a person nominated inwriting signed by each party to the loan or facility, at least
once every six months, and more often if either you or
ANZ require. A fee may be charged if you require:• duplicate copies of statements to be produced;• replacement copies of statements to be produced; or• a certificate of balance to be issued.
You must carefully review your statements so you are awareof the status of your account. If you believe there are errors
or unauthorised transactions shown on your statement, youmust contact ANZ as soon as possible.
1.18 Notices
How ANZ gives you notice
Any statement of account issued and served by ANZ onyou, including, without limitation, any notice relating tointerest rate and interest rate payable by you for a loan or
facility, shall be deemed correct and shall be conclusive andbinding against you as to the matters and amounts thereinstated save for manifest error.
ANZ can send a written notice, statement or demand for
payment to you by sending it by post, facsimile or similar
facility to your residential or business address or by leaving
it at that address. ANZ can use the last address it hasrecorded for you. If you change your name or address, youmust let ANZ know as soon as possible. If there is more than
one person who is party to this loan or facility, any notice,statement or demand will be given to each one of you atyour residential or business address.
A notice, statement or demand from ANZ will beconsidered to have been received by you:• if left at your address, on the date delivered or the date itbears, whichever is the later;• if sent by post, on the date it would have been deliveredin the ordinary course of post or the date it bears,
whichever is the later; and• if sent by facsimile or other electronic means, on the dateit bears or the date the transmitting machine reports it
was sent, whichever is the later.

23

A demand for payment can be signed by any officer of ANZ,or any agent authorised by an officer of ANZ. Any otherform of notice or statement need not be signed, unless thelaw requires it.

You authorise ANZ to record electronically any
conversations between you and ANZ and such recording ortranscripts of recordings may be produced as evidence inany proceedings.

A certificate signed by any officers of ANZ as to any amountof monies and liabilities from the time being due from you
to ANZ under any loan or facility shall, in the absence of
manifest error, be conclusive evidence as against you thatsuch liabilities have been properly incurred with respect tothe amount or amounts certified.

1.19 Transfer of ANZ’s rights
ANZ may, without telling you or obtaining your consent:

How you give ANZ instructions and notice
A notice that you give to ANZ must be signed by you or byyour authorised representative unless otherwise agreed inwriting with ANZ. You may give ANZ a notice by handing it
in at any of our branches or by posting it to ANZ’s address,
as detailed at the back of this document. Your notice will bedeemed to be received by ANZ when ANZ receives it.
If you give ANZ notice that is expressed to be, or must beread as, irrevocable, you are not able to revoke it and it
binds you from the time you give it.
Subject to the prior written approval of ANZ, you may
give ANZ instructions or notices via facsimile, email or
telephone. However, ANZ shall be entitled to refuse toaccept such instructions or notices, without explaining
ANZ’s reasons for doing so. If ANZ does accept instructions
or notices by facsimile, email or telephone, then ANZ
may conclusively rely upon them if the member ofstaff receiving such a notice believes at the time thatthey were given by you or on your behalf and are duly
authorised, accurate and complete, notwithstandingthat it may subsequently transpire that they are not sogiven or not duly authorised, accurate and complete,and notwithstanding that the confirmation subsequently
received from you or any subsequent confirmation differs in
any respect from such instructions or notices, and you shallkeep ANZ fully indemnified from and against all actions,proceedings, claims, demands or losses which ANZ may
incur or sustain by reason either directly or indirectly ofacting on such instructions or notices.
Acknowledgement of your notice may be given by
ANZ in writing, in person, facsimile transmission, email
or telephone.

24• assign any of its rights under this contract; and• give information about this contract and your obligations
under it to any assignee of ANZ’s rights under thiscontract, or anyone who is considering becoming
an assignee.
1.20 Waiver
The rights that ANZ has under the Terms and Conditions
cannot be waived except by ANZ giving you written notice
waiving the particular right.
In particular:a.

ANZ does not waive any right that ANZ has inconnection with this Agreement merely because
ANZ does not exercise it, or does not exercise it assoon as it can;b. if ANZ exercises a right once or partly, it does not meanthat ANZ cannot exercise that right again or otherrights; andc.

the rights and remedies herein are cumulative and not
exclusive of any rights and remedies provided by law.

1.21 Changes to terms and conditions
To the maximum extent permitted by law, ANZ can vary
any of the following:• the dates on and frequency with which interest will
be charged or debited, and the method of calculatinginterest. However, no such change will be made during
any fixed interest rate period;• the manner in which interest is to be paid or charged;• the name of any reference rate;• the amount, method of calculation, frequency, manner ofpayment and number of the repayments, together withthe dates on which they are to be paid;• the excess interest rate which applies to the loan or
facility if the credit limit is exceeded; and25

• the minimum amount that can be withdrawn from acontinuing credit facility.
ANZ will give not less than 30 days written notice of any
such variation.
1.22 Availability of funds
Before any funds are made available you must:• accept your Letter of Offer. If there is more than one
person who is party to the loan or facility, each party
must individually accept your Letter of Offer;• make sure that any new security documents that are
required by your Letter of Offer are signed;• arrange any new insurance required by your Letter ofOffer and give a copy of the policy to ANZ;
• complete a disbursement order, if this is required by yourLetter of Offer;• meet any other requirements as set out in your Letter ofOffer; and• meet any other condition precedent as detailed in yourLetter of Offer.
ANZ must also be satisfied that:• the documentation complies with legal requirements;• you have received all statements and information
required by law;
• no event of default has occurred;• any required guarantee or security has been provided
and that any guarantor has obtained independent legal
and financial advice to ANZ’s satisfaction;• if you or a guarantor is a trustee of a trust, that all trust
requirements have been properly met; and• all documents, including security documents, areregistrable and are able to be stamped.
1.23 Accepting your Letter of Offer
To accept the Offer you must do either of the following
within 14 days of the date of disclosure or by the
Acceptance Period, (if one is specified) whichever is earlier,appearing on the Letter of Offer:• sign the copy of your Letter of Offer marked ‘Original to
Sign’ and return the signed copy to ANZ; or• fulfil the requirements described in your Letter of Offer as
indicating acceptance.
26

If you do not accept a loan or facility Offer within 14 days orby the Acceptance Period, whichever is sooner, but decidelater you would like to accept it, you can contact your ANZ
branch to request an extension of the Acceptance Period.
A second copy of your Letter of Offer marked ‘Copy to Keep’is yours to keep along with this booklet.
1.24 Disruption to service
A disruption is where a service is temporarily unavailable orwhere a system or equipment fails to function in a normal
or satisfactory manner.
To the maximum extent permitted by law, ANZ will not
be liable for any loss or damage, including consequential
loss or damage, suffered because of a disruption to service.
This disclaimer of liability does not apply to electronicbanking transactions (see the section at the end of thisbooklet about the conditions which apply to thosetransactions). This disclaimer is in addition to, and does not
restrict, any other provisions contained in these Terms andConditions which limit ANZ’s liability.
1.25 Withholding
ANZ may be required to withhold on payments to certain
account holders, and pass such amounts to a local orforeign government agency or revenue authority, by law
or under an agreement with such authorities.
If at any time any local or foreign government agency orrevenue authority requires ANZ to make a deduction orwithholding on any payment due to you, you agree toimmediately reimburse ANZ for the amount of any suchdeduction or withholding, including authorising ANZ todeduct such amounts from your ANZ transactional account.
You will indemnify ANZ against any loss ANZ suffers or cost
ANZ incurs as a result of such deduction or withholding.
1.26 Changes in Government Requirements
This section applies if:(a) after the date of your Letter of Offer, there is:(i) a change in government requirement or a new
government requirement (whether or not having
the force of law);(ii) a change in a tax or a new tax (for the purposesof this section ‘tax’ includes duties but does notinclude a tax on ANZ’s net income in the normal
course of ANZ’s business); or27

(iii) a change in the interpretation of a government
requirement or a tax that affects loans or facilities of
the kind contemplated in your Letter of Offer; and1.28 Market disturbance
If in respect of any proposed or existing advance of aparticular currency ANZ is of the view that:(b) its effect is, in ANZ’s opinion, directly or indirectly;(a) the relevant funds are not readily available to ANZ; or(i) to increase the cost to ANZ of providing ormaintaining the loan or facility or of providing
funds under it;(b) adequate and fair means do not exist for ascertaining
the interest rate for the loan or facility;(ii) to reduce the effective rate of return to ANZ(whether on capital, assets, deposits or otherwise)on the loan or facility. For the purposes of thissection ‘tax’ includes duties but does not include
a tax on ANZ’s net income in the normal course of
ANZ’s business; or(iii) to require ANZ to make a payment or to forgo or
suffer a reduction in a return on or calculated byreference to any amount payable to it under thisAgreement; and(c) in that event, you agree to pay to ANZ, on demand, theamount calculated by ANZ as necessary to compensate
ANZ for the increase in cost or reduction in rate,
attributable directly or indirectly to the changes set out
in sub-section a above. The amount payable will becalculated by ANZ from the day when it first incurred
the costs or suffered the reduction.
1.27 Changes in the law
If ANZ gives you notice that, in ANZ’s opinion, it has
become illegal in a jurisdiction or otherwise impracticablefor ANZ to continue to make the loan or facility available,
ANZ’s obligations in relation to the loan or facility willterminate and you shall on written demand by ANZ repay
within the time period permitted all advances outstanding
under the loan or facility, together with accrued interest
thereon (calculated at the applicable rate or rates) and allother sums payable under this Agreement.

the advance of a particular currency will not be madeand if any advance in the aforesaid currency has been
made, you shall on demand prepay the advance
together with the accrued interest and all other sums
payable under the facility to ANZ.
1.29 Law and jurisdiction(a) The Agreement is governed by the law in force in thejurisdiction where ANZ’s office is shown in your Letterof Offer.
(b) In relation to any proceedings about or in connection
with your loan or facility or any security, ANZ, you and
the Guarantor (where applicable) agree to submit to
the non-exclusive jurisdiction of the courts that havejurisdiction under that law.
(c) When an action is commenced in the jurisdiction
where ANZ’s office is shown in your Letter of Offer, it isagreed that no party shall object to such procedures
and rules employed by the courts of that jurisdiction
for hearing any action raised and that no references
shall be made to laws and procedures emanating froma foreign court. For this purpose, all notices, services
of writs, summons or court documents relating toproceedings shall be deemed served if served on theaddress of the party indicated in this Agreement or at
the last known address indicated. This section shall notprejudice the right of parties to effect service by othermeans permitted by law.

Such a situation could arise because of:(a) a change in a government requirement or a new
government requirement;(b) change in the law, written or unwritten, or a new law; or(c) a change in the interpretation of a government
requirement or law.

2829

1.30 Force Majeure(a) ANZ shall not be liable for any delay in performance
and/or non-performance of any of its obligations under
any loan or facility or in any transaction between you
and ANZ or for any losses caused by the occurrence ofany contingency beyond the reasonable control of ANZ
including, but not limited to:(i) breakdown or failure of transmission ofcommunication facilities; and(ii) sabotage, insurrection, riot or other civil
disobedience, coup, act of a public enemy, failure
or delay in transportation, act of any government
or agency or subdivision thereof, judicial action,
labour dispute, accident, re, explosion, flood, storm
or other natural cause, a shortage of labour, fuel,raw material or machinery or technical failure.
(b) ANZ may, in its sole discretion and without liability
to you, cancel any loan or facility if its performance isdelayed or rendered impossible due to the occurrenceof any such contingency.
1.31 Financial services dispute resolution schemes
and making a complaint
If ANZ makes a mistake, or ANZ’s service doesn’t meet yourexpectations, ANZ wants to know. For the fastest possible
resolution to your complaint call ANZ on +685 69999, or talkto staff at your local ANZ branch.
Alternatively you may also send a letter to the
ANZ Branch Manager:
C/- Branch Manager
Beach RoadP O Box L1855
Apia SAMOA
Email: samoa.informationhelpdesk@anz.com
Most often than not, ANZ will be able to solve the problem
on the spot.
If it cannot be resolved in 48 hours, ANZ’s Customer Advocate,at our Customer Service Centre, will take responsibility andwork with you to x the matter quickly. ANZ’s aim is to resolve
all customer complaints within ten working days.
If this is not possible, ANZ will keep you informed on the
progress of your matter and how long ANZ expects it willtake to resolve your complaint.

30

ANZ Customer Advocate
If your complaint isn’t resolved to your satisfaction, you can
ask to have it reviewed by ANZ’s Customer Advocate whowill provide a free review of more difficult complaints to
help achieve a prompt solution.
Contact details:
ANZ Customer Advocate
Beach RoadP O Box L1855
Apia SAMOA
Email: samoa.informationhelpdesk@anz.com
Phone: +685 69999
Fax: +685 24595
1.32 If you are in financial difficulty
You should inform ANZ as soon as possible if you are in
financial difficulty. If you have an ANZ credit card or other
ANZ loan account, ANZ will, with your agreement, try
and help you overcome your difficulties with your facility,
including for example, developing a repayment plan.
1.33 Anti-money laundering and sanctions(1) You agree that ANZ may delay, block or refuse toprocess any transaction without incurring any liability if
we suspect or have reasonable grounds to suspect that:(a) the transaction may breach any law;(b) the transaction involves or may involve any person(natural, corporate, governmental, trust, partnershipor any other person) that is itself sanctioned or isconnected, directly or indirectly, to any person thatis sanctioned under economic and trade sanctions
imposed by any supra-national organization, official
body, the United States, the United Nations, theEuropean Union or any country; or(c) the transaction may directly or indirectly involve
the proceeds of, or be applied for the purposes of,
conduct which is unlawful in any country.
(2) you must provide all information to ANZ which
we reasonably require in order to manage
our money‑laundering, terrorism-financing or
economic and trade sanctions risk and to comply
with any laws in relation to these.

31(3) unless you have disclosed that you are acting in atrustee capacity or on behalf of another party, youwarrant that you are acting on your own behalf
in entering into this agreement. If you are acting
on behalf of another party (such as a trustee), youagree to provide the details of the beneficial ownerof the funds to ANZ, as may be required by ANZ
from time to time.
(4) you declare and undertake to ANZ that theprocessing of any transaction by ANZ in
accordance with your instructions will not breachany laws.
1.34 Indemnity(1) Each account holder and person authorized by anaccount holder discharges and indemnifies us fromand against all actions, proceedings, accounts, claims,
demands, loss, damage, stamp duty, registration fees,
and any other direct or indirect taxes arising from or inany way related to us in good faith:(a) acting on instructions received by mail orelectronic means (whether by facsimile, telephone,internet, ATM or EFTPOS) which are, or are
purported to be, given or signed by the accountholder, the adviser, an authorised representative oran authorised third party signatory, or in the case of
joint account holders, by any of them;(b) not acting on instructions purporting to befrom you where ANZ (in its opinion), considers
or suspects that such instructions have beencommunicated to ANZ fraudulently, mistakenly or
without authority or contain material omissions or
errors; and(c) releasing information about you or the accountto anyone who is, or appears to be, authorised toreceive that information (including any authorised
representative or third party signatory appointed
by the account holder).
1.35 APS222 disclosure
ANZ is a subsidiary of ANZBGL, which is incorporated inAustralia. ANZ is incorporated and licensed in Samoa withlimited liability. ANZ is not an authorised deposit taking
institution within the meaning of the laws of Australia.

32

Deposits or liabilities with ANZ are not deposits or otherliabilities of ANZBGL and ANZBGL is not required to meetthe obligations of ANZ.
1.36 Date of advance (full sum advance loans)
For full sum advance loans, you must draw down the fullamount of the loan within six months of the date of any
Letter of Offer for home loans, and within three monthsof the date of any Letter of Offer for personal loans, unlessotherwise agreed by ANZ in writing. If the date of advancedoes not occur within this time period (or within any
agreed extension of it), the contract will end and ANZ will
not be obliged to advance the loan.
1.37 Loan purpose
You must not use the loan funds for any purpose otherthan that set out in your Letter of Offer without ANZ’s priorwritten consent.
1.38 Loan disbursement
The proceeds will be paid to you or as you direct.
If you want ANZ to pay money elsewhere, you must advise
ANZ to whom and in what amounts the proceeds are tobe paid.
If you instruct ANZ to pay out an existing ANZ account,
the amount you specify may be different to the final
balance owed and the actual amount payable may only be
determined at the time the account is paid out. You will be
required to pay any shortfall to pay out the account.
If the amount you advise ANZ to pay is more than the final
balance owed on the account, no interest will be paid on
the surplus.
1.39 Drawdown confirmation
The annual percentage rate which initially applies to yourloan will be determined at drawdown and confirmed inwriting afterwards.
1.40 Specific obligations
When you accept your Letter of Offer, you will be agreeing
to repay to ANZ by the end of the loan term, all principal,
interest and any other amounts which are or become due
under the loan.
In addition, if any of the following three events occur, youmust notify ANZ immediately:33

Occupancy of your home
If your loan purpose is to purchase a home as your personal
residence and you no longer personally occupy the property.
Construction and occupancy of your home
If construction of a home as your personal residence is notstarted within three years from the initial date of advance,or you no longer intend to personally occupy the property.
Construction and use of investment property
If construction of a home as an investment property is notstarted within one year from the initial date of advance, or
you no longer intend to use the property for residential
investment purposes.
ANZ may treat the occurrence of one of these events as amaterial adverse change.
1.41 How interest is calculated and debitedInterest is calculated on the unpaid daily balance of yourloan. The rate applied each day is equal to your annual
percentage rate applicable at the time, divided by 365.
Your Letter of Offer advises how frequently interest will bedebited, but you also need to be aware that:• if any day on which interest is due to be debited (a ‘due
date’) is not a business day, that interest will be debitedon the next business day;• if a due date falls on the 29th, 30th or 31st of a monthwhich does not contain such a date, the due date will be
the last day of that month;• each time interest is debited, the period covered by theinterest charge will include all days (for which interest has
not been previously debited) up to and including the day
before the due date;• when interest is debited after the due date, subsequentinterest charges will be calculated as if the interest had
been debited to your loan on the due date; and• when interest is debited, it will be added to the unpaidbalance of your loan and accrue interest at the same rateand in the same way as the principal.
If, after the loan term commences, you and ANZ agree
to change the loan terms in any way, ANZ may debit any
accrued interest on the day on which the change takes
effect. If this occurs, your interest charging cycle will berestarted from that date.

34

1.42 Loan repayments
Repayments of principal and interest
Generally, you have the following options for repayment ofprincipal and interest:• by Standing Order from your ANZ transactional account;• by deposit using a deposit slip; or• by standard order or automatic payment from anotherfinancial institution.
If, at any time, you want to change your selected repayment
method, and as long as the loan is not in a fixed interest
rate period, you can notify ANZ in writing.
Repayments during interest only periods
During any interest only period, ANZ will debit yourrepayments to your nominated ANZ account.
Repayments will be automatically adjusted if there is achange in your annual percentage rate.
1.43 Changes to repayments of principal and interest
Repayment amounts are recalculated at the date of advanceto take into account your annual percentage rate at thattime. Please remember that if your annual percentage rateis determined by a reference rate – this reference rate may
have changed after your Letter of Offer was prepared.
Variable Interest Rate Loans
Variable interest rates can change at any time during thelife of your loan and if this occurs, the amount of yourrepayments may need to change if you are to repay yourloan within its agreed term.
ANZ changes its variable interest rate from time to time
to reflect its view of market conditions. This means thatthe annual interest rate for your loan can be increased or
decreased by ANZ from time to time.
ANZ advertises its variable interest rate in a newspaper
circulating throughout Samoa at least once each month.
Currently it is advertised on the second Tuesday of eachmonth in the Samoa Observer, but this may change fromtime to time at ANZ’s discretion without notice to you.
When there is a change in the variable interest rate, ANZ
will advertise the new rate or notify you in writing before
it begins to apply to your loan. If the interest rate change
is notified to you by advertisement, a note recording
the change and the new rate will be shown on the next
statement which is issued for your loan account.
35

You can also find out the annual interest rate for your loan
at any time by asking at any ANZ branch in Samoa.

1.47 Progress payments
Progress payments will only be advanced if:

If a change in interest rate occurs ANZ will notify you in
writing no later than the day on which the change takes
effect. After any increase in your interest rate,• the funds you are contributing towards the purchase andconstruction of the property have already been used tomeet these costs; andANZ can increase your repayments so they are sufficient
to pay out the scheduled balance of your loan within theagreed term. ANZ will not automatically do this every time
an interest rate change occurs.

• the progress payment is due and payable under yourbuilding contract; andA change in your credit rating (as determined by ANZ) will
be grounds to alter the interest rate applicable to this loan.

To obtain the final progress payment, you must provide
with your request:

1.44 Repaying your loan early during a variableinterest rate period
If you decide to repay your loan early, you may contact ANZ
to request the amount required to repay your loan on thatday. The amount required to repay your loan is accurate forthe day that it is provided by ANZ, and may vary dependingon when you repay your loan.

• a builder’s invoice; and1.45 ANZ’s right to combine accounts
ANZ can combine the balances of two or more of youraccounts, even if the accounts are at different branches
or in joint names. This may happen when one of youraccounts is overdrawn or is in debit and another is in credit.
This means that the credit balance in one account can beused to repay to ANZ the debit balance in another account.
ANZ will promptly inform you if it has combined any of youraccounts. You should not treat your accounts as combined
unless ANZ has agreed to such an arrangement.

LOANS FOR CONSTRUCTION PURPOSES:
1.46 Date of first advance (progressively drawn loans)
For progressively drawn loans, you must make the firstdrawdown within six months of the date of your Letter ofOffer, unless otherwise agreed by ANZ in writing. If this dateof first advance does not occur within this time (or within
any agreed extension of it), the contract will end and ANZ
will not be obliged to advance the loan.

36• your request is accompanied by a completed progress
payment instruction form.

• a completed Progress Payment Instruction Form,showing disbursement details.
Please note that you are responsible for making sure thatspecifications of the builder’s contract are completed by
the builder.
1.48 Restriction on advances for construction loans
If the purpose(s) of your loan includes the constructionof a residence, then, in addition to the other restrictions
on advances set out in Section 1.22 ‘Availability of funds’,
no part of the loan will be advanced to finance theconstruction of any residential building until you have given
ANZ a copy of the following documents:• a signed and enforceable fixed price contract for theconstruction of a residence entered into by you and a
reputable licensed builder;• plans approved by the relevant body for the constructionof that residence; and• the builder’s current Builder’s Risk Insurance Policy (orequivalent form of insurance) or other documentation asagreed by ANZ confirming such insurance is current.
1.49 Valuations and surveys
ANZ may require a valuation or survey of the property at
any time during the term of your loan, including before any
progress payment is made.

37

LOANS DURING A FIXED INTERESTRATE PERIOD
1.50 How interest is calculated during the fixedinterest rate period for Interest-in-Advance loans
For each interest charge to be paid by you in advance inrespect of a fixed interest rate period, ANZ determines
the number of days to be covered by that interest charge(the “interest cycle”), the expected outstanding loanbalance at the end of each day of the interest cycle, andthe daily interest rate that is derived from dividing theapplicable fixed annual percentage rate by 365. ANZ thenuses this information to calculate the amount of theInterest-in-Advance charge to be paid by you in advance inrespect of that interest cycle.

interest cycle, ANZ will refund the difference to you. If theaggregate of these daily interest charges for the interest
cycle is greater than the amount of the Interest-in-Advancecharge that was debited to your loan account at thecommencement of the interest cycle, the amount of thedifference will be debited to your loan account on (or witheffect from) the first day following the end of the relevantinterest cycle. You are required to pay that additional
interest charge to ANZ on (or with effect from) that date.

When making this calculation, ANZ assumes that:(a) the outstanding loan balance at the commencementof the interest cycle will be the same as theoutstanding loan balance at the time that it calculates
the amount of the interest in advance charge(the “assumed loan balance”);(b) the assumed loan balance will remain outstanding
throughout the interest cycle; and(c) the applicable fixed annual percentage rate will notchange throughout the interest cycle.
The calculated interest in advance charge for a
forthcoming interest cycle is the total of the estimateddaily interest charges for each day in that interest cycle(the “Interest-in-Advance charge”).
The Interest-in-Advance charge for an interest cycle
is debited to your loan account with effect from thecommencement of that interest cycle. You are required
to pay that Interest-in-Advance charge to ANZ on (or witheffect from) that date.
During each interest cycle, ANZ will calculate the interest
charge applicable to your loan account on a daily basis,
based on the outstanding loan balance at the end ofeach day in the interest cycle and the daily interest
rate that is determined by dividing the applicable fixedannual percentage rate by 365. If the aggregate of thesedaily interest charges for the interest cycle is less than
the amount of the Interest-in-Advance charge that was
debited to your loan account at the commencement of the38

39

SECTION 2:
ELECTRONIC BANKING
CONDITIONS OF USE
2.1 Conditions of Use
This section applies to all electronic transactions except
those where your signature may also be required.
Unless the account services are provided or referred to you
by us, we do not authorise, promote or endorse the use ofaccount services offered by third parties to access your ANZ
accounts (including account aggregation services, such as
may be provided by other financial institutions).
2.2 Transaction limits
ANZ may change or impose limits on the amount of funds
that are made available through electronic terminals, overany specific period of time for transactions that require theuse of an ANZ Card and PIN. ANZ may also change such
limits or impose new limits by giving you notice. Merchantsand other financial institutions may also impose additional
restrictions on transaction limits.
Unless you have made arrangements with ANZ for
an increased or decreased limit, the daily ATM limit is$1,000.00 SAT per ANZ Card. This means that you can use
your ANZ Access Card to withdraw a total of $1,000.00 SAT
per day from the account(s) to which it is linked, provided
your ANZ account(s) contain sufficient funds.
There is no limit on the funds that you can withdraw
on your ANZ Card via EFTPOS facilities provided youraccount(s) contain sufficient funds.
* A day begins at 12.00.01am (Samoa time) and ends at 12:00.00am(Samoa time) on the same day.

2.3 How you can use ANZ Internet Banking
You can use ANZ Internet Banking to make transactions on
your linked accounts, as set out in your account terms andconditions. You can also use ANZ Internet Banking to pay
your bills. Details can be found out at anz.com/samoa.

2.4 Access levels for ANZ Internet Banking
Access Levels:• ‘value transactions and BillPay service’ – access every
function within ANZ Internet Banking for the accountincluding BillPay Service, account balance information,transaction history details, ordering a cheque/deposit
book, transfers between accounts, increasing a credit
card limit, redrawing on a home loan and direct
loan payments;• ‘non-value transactions’ – can only view information
about the account on ANZ Internet Banking.
Account holders aged 12 to 15 years, adults who have ajoint account with account holders aged 12 to 15 years,
and account signatories (no agents can be appointed) toaccounts held by customers aged 12 to 15 years may only
have restricted access levels for ANZ Internet Banking.
Only the account holder or account signatories can selectan access level. The account holder or account signatories
may authorise another person (an ‘authorised user’) to
operate the account and that person may have a different
access level to the account holder.
The account holder or account signatories may cancel orchange any access level by sending a written request or
email us via Bank Mail if you’re registered for ANZ Internet
Banking, or phoning us on the relevant number listed at theback of this booklet.
We may require written confirmation and it may takeseveral days to process this change.
2.5 Processing instructions – general
The account holder authorises ANZ to act on the
instructions you enter into electronic equipment.
Any electronic transaction made by you cannot becancelled, altered or changed by you unless allowed by
the applicable terms and conditions.
We may delay acting on or may ask you for further
information before acting on an instruction. Where ANZ
has instructions for more than one payment from youraccount(s), ANZ will determine the order of priority in which
payments are made.
If you make a cash withdrawal from an account by making
an electronic transaction and there is a difference between
the amount of cash received and the amount shown on the40

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receipt, you must report this to ANZ and to the merchant(if applicable) as soon as possible. You can make your report
to us by calling ANZ. See ‘Customer Enquiries’ section forcontact details or refer to anz.com/samoa.
If you make a deposit of funds to an account by making anelectronic transaction and there is a difference between
the amount recorded as having been deposited and theamount ANZ receives, the account holder will be notified ofthe difference as soon as possible and will be advised of theactual amount which has been credited to the account.
ANZ is not liable for the refusal of any merchant to accept
an electronic transaction and, to the extent permitted bylaw, is not responsible for the goods and services supplied
by a merchant.
ANZ may refuse to process any transaction that contravenes
any law or otherwise. We may notify you of electronictransactions we are unable to process.
You accept that:• not all electronic equipment from which cash can bewithdrawn will always contain cash;• any cash dispensed at electronic equipment is at yourrisk once it becomes visible or available for you tocollect; and• not all electronic equipment will allow you tomake deposits.
An immediate transfer, local transfer or BillPay cannot be
revoked or stopped once we receive your instruction.
Future dated transfer, local transfer or BillPay instructions
can only be revoked or changed if instructions to delete thetransaction are given to us through ANZ Internet Banking
before 4.30pm Samoa time on an ANZ working day (or in
the case of a local transfer, prior to the Local Transfer
Processing day) before the transaction is scheduled tooccur. After this time, the instruction cannot be revoked.
2.6 Processing date
Generally, any transactions made at ANZ ATMs and ATMs atother selected banks and financial institutions or EFTPOS
transactions will be processed to your account on the same
day provided they are made before:• 3pm Monday to Thursday (excluding public
holidays); and• 4pm Friday (excluding public holidays).
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Transactions made after these cut-off times may beprocessed on the following ANZ working day.
2.7 Processing instructions – ANZ Internet Banking
Any ANZ Internet Banking (other than a BillPay) instruction
will generally be processed to your account on the same
day we receive your instructions, if given before 4.30pm
Samoa time Monday to Friday (except national public
holidays). Any transaction made after this time may beprocessed on the following ANZ working day.
Account information accessed using ANZ Internet Banking
will generally reflect the position of the account at thattime, except for transactions not yet processed by us(including uncleared cheques and unprocessed credit
card transactions) or cleared cheques and direct debits
processed by us that day.
2.8 Processing instructions – local transfers andinternational services
ANZ will generally process local transfer instructions:• for immediate local transfers, on the day the instruction
is given, if ANZ receives the instruction before 4.30pm
Samoa time on a Local Transfer Processing Day;
• for immediate international transfers, on the day the
instruction is given, if ANZ receives the instruction before
4.30pm Samoa time on a Local Transfer Processing
Day; or• for future dated transfers, on the relevant future day you
select if it is a Local Transfer Processing Day (or if it is not,on the Local Transfer Processing Day after that day).
Instructions you give will be delivered to the payee’s
financial institution on the day that ANZ processes them
except where:• we are not obliged to process your instructions;• there is a technical failure;• there is a delay or error in accepting the instructions
caused by the financial institution to which the transfer is
to be made; or• the instructions are for a transfer by way of atelegraphic transfer.
We cannot control (and are not responsible for) when, or if,
the payee’s financial institution processes your instructionsor the fees that financial institutions may charge to process
your instructions.
43Once we process your transfer instruction, we are reliant
on the payee’s financial institution to advise whether
your instructions have been successfully processed. If thepayee’s financial institution advises that your transfer
instruction has not been successful, it may take a number ofweeks, depending on the financial institution, to reverse therelevant withdrawal from your linked account.
2.9 Processing instructions – BillPay service
BillPay is an electronic payments scheme through which we
can be asked to make payments on your behalf to billers.
For the purposes of the BillPay, we may also be a biller.
You must comply with the terms and conditions for theaccount which you ask us to debit a BillPay (to the extent
that those terms are not inconsistent with or expressly
overridden by these Electronic Banking Conditions of Use).
To make a BillPay the following information must be given
to us:• your username and password;• the biller code from the bill;• your customer reference number (e.g. your accountnumber) with that biller;• the amount you want to pay; and• the account from which you want the payment tobe made.
Once this information is provided, we will treat yourinstructions as valid and will debit the relevant account.
We will not be obliged to effect a BillPay instruction if it
is not made in accordance with these Electronic Banking
Conditions of Use, or if the information given is incomplete
and/or inaccurate.
Limits apply to your use of BillPay on both a per transaction
and daily limit (per username) basis.
Subject to the processing instructions conditions set
out above:• any BillPay made by you will be processed on the day you
tell us to make that BillPay, if we receive your instructions
before 4.30pm Samoa time on a bank working day(ANZ’s cut-off time); and• BillPay instructions received after 4.30pm Samoa time
on a banking working day, or on a day that is not abank working day, will be processed on the next bankworking day.
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A delay may occur in processing a BillPay where:• there is a public or bank holiday on the day after you tell
us to make a BillPay;• you tell us to make a BillPay after our cut-off time; or• another participant, such as another financial institution
or a biller does not process a payment as soon as it
receives details of the payment or does not otherwise
comply with its obligations under BillPay.
While it is expected that any such delay will not continue
for more than one bank working day, it may continue for alonger period.
We will attempt to ensure a BillPay is processed promptly bybillers and other participants.
You should check your account records carefully and tell us
as soon as possible if you become aware of:• a BillPay which has been made from your linked accountwhich was not authorised;• the possibility that you have been fraudulently induced
to make a BillPay; or• any delay or mistake in processing of your BillPay.
If we are advised by a biller that it cannot process your
BillPay, we will:• advise you of this;• credit your account with the amount of that BillPay; and• tell you how we can assist you, if possible, in making thepayment as soon as possible.
Biller codes may only be used by authorised billers toreceive payment of bills issued by that biller. You are notauthorised to give a biller code to any person in order toreceive payments owing to you. Where you do so, any
terms and conditions for the use of BillPay Service will not
apply to such unauthorised use of the biller codes.
2.10 Card validity
Your card remains ANZ’s property at all times.
A card must be signed immediately by the person in whosename it has been issued and must only be used withinthe ‘valid from’ and ‘until end’ dates shown on the card.
For security reasons you must, as soon as the card expires,
destroy it by cutting it (including an embedded microchip
on the card) diagonally in half.

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2.11 Lost or stolen cards, password or PIN
If you report that a card has been lost or stolen the card
will be cancelled as soon as the report is made. You must
not use the card once the report is made. If you recover thelost or stolen card, you must destroy the card by cutting it(including an embedded microchip on the card) diagonallyin half and return it to an ANZ branch as soon as possible.
You must make a report to us (and the relevant third party,
if a third party issued the username, password, PIN or
card to you) immediately you become aware or suspectthat your password, username or PIN is disclosed or usedwithout your authority, or lost.
You must not then continue to use your password,
username or PIN. ANZ will cancel it and arrange for you toselect a new username or PIN. The best way to make thereport is to phone us on the numbers listed at the back ofthis booklet.
If our telephone reporting service is unavailable, youmust report the loss, theft or misuse to any ANZ branch.
This booklet outlines how you can make a report if
our telephone reporting service is unavailable or you
are overseas.
2.12 Lost and stolen card and PIN – while overseas
If your ANZ card or PIN is lost or stolen, or if someone else
has found out your PIN, you must tell us immediately.
The best way to minimise your liability is to phone us.
Emergency phone numbers are listed at the back ofthis booklet.
• ANZ Access card (ATM/EFTPOS card) – we cannot
provide an emergency replacement card and PIN until
you return to Samoa.

- the account has been overdrawn (other than by use of
the informal overdraft facility), or you have exceeded
your agreed credit limit;- if we become aware that you do not meet, or cease tomeet, our eligibility criteria for the card; or• on giving you not less than three months written notice.
The account holder may cancel An ANZ card at any timeby sending ANZ a written request or by calling ANZ on therelevant number listed at the back of this booklet.
You can request ANZ to de-register you from ANZ Internet
Banking at any time by Bank Mail or by phoning therelevant number listed at the back of this booklet.
2.14 Withdrawal of electronic access
ANZ may withdraw your electronic access to accounts
without prior notice if:• electronic equipment malfunctions or is otherwise
unavailable for use;
• a merchant refuses to accept your card;• any one of the accounts is overdrawn or will become
overdrawn (other than (if your account is an Equity
Manager account) by use of the Informal Overdraft
facility),or is otherwise considered out of order by ANZ;
• ANZ believes your access to accounts through electronicequipment may cause loss to the account holder or
to ANZ;• ANZ believes that the quality or security of yourelectronic access process or ANZ’s systems may havebeen compromised;• all the accounts which you may access using ANZInternet Banking have been closed or are inactive; or

2.13 Cancellation of cards or electronic access
ANZ may cancel any card, User ID or electronic access:• ANZ suspects you of being fraudulent or engaging ininappropriate behaviour; unless this is prohibited by law.

• without prior notice if:

ANZ may at any time change the types of accounts that
may be operated, or the types of electronic transactions
that may be made through particular electronic terminals.

- ANZ believes that use of the card or electronic accessmay cause loss to the account holder or to ANZ;
- the account is an inactive account;- all the accounts which the card may access havebeen closed;

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47

2.15 Your responsibility regarding your ANZ Card andPassword and PIN
You must keep your ANZ Card, password and PIN secure.
Failure to do so may increase your liability for any loss.
Warning: You must not use your birth date or analphabetical code, which is a recognisable part of yourname as a password, or select a Telecode which hassequential numbers, for example, ‘12345’ or where
all numbers are the same, for example, ‘11111’. If you
do, you may be liable for any loss suffered from anunauthorised transaction.

2.16 Unauthorised transactions(a) When the account holder is liable
The account holder is responsible for any unauthorised useof their ANZ Card and PIN, including its use by anyone else
in any way. The extent of the account holder’s liability will
depend on whether you have been responsible in any way
for the unauthorised use of your ANZ Card and PIN.
If you have contributed to the loss arising from theunauthorised transaction:• through your fraud;• by voluntarily disclosing your PIN to anyone, including afamily member or friend;• disclose your password or PIN to any other person;• by keeping a record of your PIN on your ANZ Card(even in a disguised form) on your card, any article carried
with the ANZ Card or which may be lost or stolen at thesame time as the ANZ Card;• allow any other person to see you entering, or overhear
you providing, your password or PIN;

• by using your birth date or an alphabetic code which isrecognisable part of your name as a PIN; or• record your password or PIN on your card or on any
article carried with or placed near your card that is liable
to loss, theft or abuse at the same time as your card
(unless your password or PIN is reasonably disguised);• by otherwise acting with extreme carelessness in failingto protect the security of your PIN.

Password and PIN
You must not:• choose a PIN which has an easily retrieved combination,for example repeated numbers or letters; and• choose a PIN that is easily identified with you for example
your birth date, car registration, telephone number oryour name.
Card security
You should:• sign the back of your ANZ Card immediately
upon receipt;• on the expiry date destroy your ANZ Card by cutting it
diagonally in half;• not let anyone else use your ANZ Card;• take reasonable steps to protect your ANZ Card from loss
or theft.
To assist you, we publish security guidelines. A copy of thecurrent guidelines is available at anz.com/samoa.

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Then the account holder will be liable for the actual losses
which occur before ANZ is notified that your ANZ Card has
been misused, lost or stolen, or that your PIN has become
known to someone else.
If, after you become aware of the loss, theft, breach or
misuse of your PIN or ANZ card, you unreasonably delay
notifying ANZ, the account holder will be liable forlosses between:• the time you first became aware of the aforementioned
events, or in the case of the loss or theft of a card, should
reasonably have become aware of the loss or theft; and• the time ANZ is actually notified of the relevant event.
If it is not clear whether you have contributed to the loss
caused by an unauthorised transaction and where an
ANZ Card or PIN was required to perform the unauthorised
transaction, the account holder is liable for the actual loss
at the time ANZ is notified of the loss, theft or unauthoriseduse of the ANZ Card or that the security of the PIN has
been breached.

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(b) When ANZ is liable
ANZ will be liable for losses incurred by the accountholder that:• are caused by the fraudulent or negligent conduct of
ANZ’s employees or agents or companies involvedin networking arrangements or of merchants or theiragents or employees;• relate to any forged, faulty, expired or cancelled part ofthe electronic access process;• arise from transactions that require the use of any
ANZ Card or PIN that occur before you have received
or selected the ANZ Card or PIN;
• result from the same electronic transaction being
incorrectly debited a second or more subsequent timeto the same account;• result from an unauthorised transaction that occurs
after you have notified ANZ that any ANZ Card has been
misused, lost or stolen or that the security of your PIN has
been breached; or• result from an unauthorised transaction if it is clear thatyou have not contributed to the losses.

2.18 Equipment malfunction
We are responsible to the account holder for any
loss caused by the failure of equipment to completea transaction that was accepted in accordance withyour instructions.
However, if you were aware or should have been aware thatthe equipment was unavailable for use or malfunctioning,
our responsibility will be limited to correcting errors in theaccount and refunding any charges or fees imposed asa result.
You are solely responsible for your own personal computeranti-virus and PC security measures, and those of any
authorised user, to help prevent unauthorised access
via ANZ Internet Banking to your transactions andlinked accounts.
2.19 Liability under BillPay
BillPay payments are irrevocable. No refunds will be provided
through our BillPay service where you have a dispute withthe biller about any goods or services you may have agreed
to acquire from the biller.
Any dispute must be resolved with the biller.

2.17 Additional protection Visa – Zero liability
Subject to the section headed ‘Unauthorised transactions’(section 2.16) you will not be liable for unauthorised
transactions on a Visa credit card and

If a BillPay payment has been made to an incorrect biller, orfor an incorrect amount, and your account was debited forthat amount, then you need to resolve that matter with thebiller that received the payment directly.

ANZ Access Visa debit card
If you notify us of an unauthorised transaction(s), within
5 business days we will provide provisional credit to you
to the value of the unauthorised transaction unless yourprior account history is unsatisfactory or if the nature oftransactions justifies a delay in crediting your account.

If a BillPay payment is made in accordance with a payment
direction, which appeared to ANZ to be from you or on
your behalf, but which you did not in fact authorise, then
you need to resolve that matter with the biller directly.

MasterCard – Zero liability
Subject to the section headed ‘Unauthorised transactions’(section 2.16) you will not be liable for unauthorised
transactions on a MasterCard credit card or an
ANZ access card.

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ANZ is not liable for any loss or damage you suffer
as a result of using the BillPay service, including any
consequential loss or damage, save for any liability thatarises under Section 2.16 above.

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2.20 Changes to the Electronic Banking
Conditions of Use
We can change the Electronic Banking Conditions of Useat any time. We will give you 20 days prior written notice ofany changes which:

To the extent permitted by law, you indemnify us against
any loss or damage we may suffer due to any claim,
demand or action of any kind brought against us arising
directly or indirectly because you;• impose or increase charges relating solely to the use ofelectronic equipment;• acted negligently or fraudulently in connection with,these Terms and Conditions.

• increase your liability for losses relating to electronictransactions; or• change your daily transaction limit or otherperiodical transaction limit applying to the use ofelectronic equipment.
2.21 Changes to transactions made throughelectronic terminals
Any transactions made by you at an electronic terminal
cannot be cancelled, altered or changed by you.
2.22 Printed transaction records
When you complete a transaction at an electronic terminal
you will receive a printed transaction record. You must
check your record carefully. You should retain theserecords for verification purposes and to aid in reconciling
account statements.
2.23 Third party services
ANZ does not authorise, promote or endorse and shallnot be responsible or liable in any way for the use ofaccount services offered by third parties to access your ANZ
accounts (including account aggregation services, such as
may be provided by other financial institutions).
2.24 General
ANZ is not liable for the refusal of any merchant to accept
an electronic transaction and, to the extent permitted bylaw, is not responsible for the goods and services supplied
by a merchant.

• did not observe your obligations under; or

2.25 EFTPOS
EFTPOS stands for Electronic Funds Transfer at Point of sale.
This facility allows you to pay for goods and services with acard linked to your account. Depending on the retailer, you
may also be able to use the card to withdraw cash using the
EFTPOS terminal.
2.26 Maestro and Cirrus
Maestro® and Cirrus® are international EFTPOS and ATM
networks that allow you to access available funds in
ANZ accounts by using your ANZ Access card (excluding
ANZ Access Visa Debit) or linked ANZ MasterCard
while overseas.
You cannot use your ANZ access card or ANZ MasterCard
card at Cirrus ATMs overseas to pay money into youraccount or transfer funds between linked accounts.
Fees and charges – Maestro and Cirrus
Transaction fees, overseas transaction fees and ATM
operator fees apply for the use of Cirrus ATMs and Maestro
EFTPOS overseas.
Surcharges – Maestro and Cirrus
You may have to pay a surcharge for making a withdrawal
from some ATMs overseas. Surcharges will not appear asa separate item on your account statement. They will be
included in the total amount of the withdrawal.

You accept that:• not all electronic equipment from which cash can bewithdrawn will always contain cash;• any cash dispensed at electronic equipment is at your risk
once it becomes visible or available to you to collect; and• not all electronic equipment will allow you tomake deposits.

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53

SECTION 3:
INFORMATION STATEMENT
Things you should know about your proposed
credit contract
This statement tells you about some of the rights andobligations of yourself and your credit provider, ANZ Bank
(Samoa) Limited.

3.3 Can I terminate the contract?
Yes. You can terminate the contract by writing to ANZ solong as:• you have not obtained any credit under the contract; or• a card or other means of obtaining credit given to you by
ANZ has not been used to acquire goods or services forwhich credit is to be provided under the contract.

It does not state the terms and conditions of your contract.

However, you will still have to pay any fees or charges
incurred before you terminated the contract.

If you have any concerns about your contract, contact
ANZ and if you still have concerns, contact ANZ’s external
dispute resolution scheme, or get legal advice.

3.4 Can I pay my credit contract out early?
Yes. Pay ANZ the amount required to pay out your credit
contract on the day you wish to end your contract.

THE CONTRACT

3.5 How can I find out the pay out figure?
You can write to ANZ at any time and ask for a statement of
the pay out figure as at any date you specify. You can also
ask for details of how the amount is made up.

3.1

How can I get details of my proposed
credit contract?
ANZ must give you a pre-contractual statement containing
certain information about your contract. The pre-contractual
statement, and this document, must be given to
you before:• your contract is entered into; or• you make an offer to enter into the contract, whichever
happens first.
3.2 How can I get a copy of the final contract?
If the contract document is to be signed by you andreturned to ANZ, you must be given a copy to keep.
Also, ANZ must give you a copy of the final contract within
14 days after it is made. This rule does not, however, apply,
if ANZ has previously given you a copy of the contract
document to keep.
If you want another copy of your contract, write to ANZ
and ask for one. ANZ may charge you a fee. ANZ has to give
you a copy:• within 14 days of your written request if the originalcontract came into existence 1 year or less before yourrequest; or• otherwise within 30 days of your written request.

ANZ must give you the statement within 7 days after you
give your request to ANZ. You may be charged a fee forthe statement.
3.6

Will I pay less interest if I pay out mycontract early?
Yes. The interest you can be charged depends on the actual
time money is owing.
However, you may have to pay an early termination charge(if your contract permits ANZ to charge one) and other fees.
3.7 Can my contract be changed by ANZ?
Yes, but only if your contract says so.
3.8 Will I be told in advance if ANZ is going to makea change in the contract?
That depends on the type of change. For example:• you get at least same day notice for a change to anannual percentage rate. That notice may be a written
notice to you or a notice published in a newspaper.
• you get 20 days advance written notice for:1.		 a change in the way in which interest is calculated; or
2. a change in credit fees and charges; or
3. any other changes by ANZ; except where the change
reduces what you have to pay or the change happens
automatically under the contract.

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3.9

Is there anything I can do if I think that mycontract is unjust?
Yes. You should first talk to ANZ. Discuss the matter and see
if you can come to some arrangement.
Alternatively, you can go to court. You may wish to get legal
advice, for example from your community legal centre.

INSURANCE
3.10 Do I have to take out insurance?
ANZ can require you to take out or pay the costs of typesof insurance specifically allowed by law, for example
compulsory third party personal injury insurance, mortgage
indemnity insurance or insurance over property covered byany mortgage or security.
Otherwise, you can decide if you want to take out insurance
or not. If you take out insurance, ANZ can insist that you use
any particular insurance company.

MORTGAGES
3.11 If my contract says I have to give a mortgage,
what does this mean?
A mortgage means that you give ANZ certain rights overany property you mortgage. If you default under yourcontract, you can lose that property and you might still owe
money to ANZ.
3.12 Should I get a copy of my mortgage?
Yes. It can be part of your credit contract, or if it is a separate
document, you will be given a copy of the mortgage within
14 days after your mortgage is entered into.
However, you need not be given a copy if ANZ has previously
given you a copy of the mortgage document to keep.
3.13 Is there anything that I am not allowed to dowith the property I have mortgaged?
You cannot assign or dispose of the property unless you
have ANZ’s, or the court’s, permission. You must also lookafter the property. Read the mortgage document as well.
It will usually have other terms and conditions about what
you can or cannot do with the property.

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3.14 What can I do if I find that I cannot afford
my repayments and there is a mortgage
over property?
See the answers in Sections 18 and 19 below.
Otherwise you may:
• if the mortgaged property is goods – give the property
back to ANZ, together with a letter saying you want ANZ
to sell the property for you;• sell the property, but only if ANZ gives you permission
first; or• give the property to someone who may take over the
repayments, but only if ANZ gives permission first.
If ANZ will not give permission, you can contact ANZ’s
Customer Advocate for help. If you have a Guarantor, talk to
the Guarantor who may be able to help you.
You should understand that you may owe money to ANZeven after mortgaged property is sold.
3.15 Can ANZ take or sell the mortgaged property?
To the extent permitted by law, ANZ may take or sellmortgaged property if you have not carried out all of yourobligations under your contract.
3.16 If ANZ writes asking me where the mortgaged
goods are, do I have to say where they are?
Yes. You have 7 days after receiving ANZ’s request to tell
ANZ. If you do not have the goods you must give ANZ all
the information you have so they can be traced.
3.17 When can ANZ or its agent come into a residence
to take possession of mortgaged goods?
Except when not required by law, ANZ can only do so if
it has the court’s approval or the written consent of theoccupier which is given after the occupier is informedin writing.

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GENERAL
3.18 What do I do if I cannot make a repayment?
Get in touch with ANZ immediately. Discuss the matter andsee if you can come to some arrangement. You can ask ANZ
to change your contract in a number of ways, for example:• to extend the term of your contract and reduce payments;• to extend the term of your contract and delay payments
for a set time; or• to delay payments for a set time.
3.19 What if ANZ and I cannot agree on a suitablearrangement?
If ANZ refuses your request to change the repayments, you
can ask ANZ to review this decision if you think it is wrong.
If ANZ still refuses your request, you can complain to ANZ’s
Customer Advocate.

Governor – Central Bank of Samoa
If you are still not satisfied with the steps taken by
ANZ to resolve the complaint, or with the result of ourinvestigation, you can contact the Governor of theCentral Bank of Samoa.
Governor of CBS
Central Bank of Samoa Building
Matafele
Apia Samoa
Phone: +685 34100
Fax: +685 24058
Email: centralbank@cbs.gov.ws
Your contract means your Letter of Offer, and any terms andconditions or special conditions attached to your facility orotherwise incorporated into your contract pursuant to theterms and conditions or agreed in writing between you
and ANZ.

3.20 Can ANZ take action against me?
Yes, if you are in default under your contract. But the law
says that you cannot be unduly harassed or threatened for
repayments. If you think you are being unduly harassedor threatened, contact ANZ’s Customer Advocate, or get
legal advice.

Please keep this information statement. You may wantsome information from it at a later date.

3.21 Do I have any other rights and obligations?
Yes. The law will give you other rights and obligations.
You should also read your contract carefully.

Postal Address
ANZ Bank (Samoa) Limited
Beach RoadP O Box L1855
Apia SAMOA
Phone: +685 69999

Your contract means your Letter of Offer, and any terms andconditions or special conditions attached to your facility orotherwise incorporated into your contract pursuant to theterms and conditions or agreed in writing between you
and ANZ.
ANZ’s Customer Advocate
If you are not satisfied with the resolution offered by
our Service & Sales Team, you can have your complaint
reviewed by ANZ’s Customer advocate who provides a free,independent review to reach a resolution that is fair to you
and ANZ.

SECTION 4:
CUSTOMER ENQUIRIESGeneral enquiries
Phone: +685 69999
Refer to anz.com/samoa for hours of availability.

Manager Customer Advocacy
Mail: Beach Road,P O Box L1855,
Apia, Samoa
Phone: +685 69965

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ANZ Bank (Samoa) Limited. 07/24
21841

Applicable to loan agreements documented prior to 18 March 2024.

anz.com/samoa