In this document (“Terms and Conditions”):
(a) “Application” means the application by the Buyer to the Seller for commercial credit in the form overleaf;
(b) “Buyer” means a person placing an Order for Goods with the Seller;
(c) “CCA” means the Competition and Consumer Act 2010 (Cth);
(d) “Contract” means the contract formed between the Seller and the Buyer as envisaged in clause 1(a);
(e) “Custom Goods” means any goods that that are manufactured to the specifications of a particular Buyer and where relevant in accordance with the Factory Drawings;
(f) “Factory Drawings” means a drawing or drawings prepared by the Seller in relation to Custom Goods and which will be deemed to have been approved and accepted by the Buyer (i) when the Buyer signs the drawing; or (ii) when the Buyer fails to notify the Seller in writing, within 3 days of the Seller delivering or presenting the Factory Drawings to the Buyer, that the Buyer does not approve and/or accept such Factory Drawings;
(g) “Goods” means Custom Goods or Standard Goods, the subject of a Contract;
(h) “Order” is an order or offer made in writing by the Buyer to purchase Goods;
(i) “Order Acceptance” means an acceptance by the Seller of an Order, which acceptance can be effected by (i) email communication from the Seller to the Buyer; or (ii) commencement of production of the Goods; or (iii) delivery of the Goods to the Buyer, whichever occurs first;
(j) “Price” means (subject to any increase or decrease in price referred to in clause 2(c)) the price contained in (i) a Quotation for Custom Goods (exclusive of GST); or (ii) the Price List for Standard Goods (exclusive of GST).
(k) “Price List” means the price list published from time to time by the Seller for all Standard Goods;
(l) “Quotation” means a quotation provided by the Seller to a Buyer setting out amongst other things, the Price/s, quantity/ies, delivery date/s of Custom Goods to be manufactured by the Seller and sold to the Buyer;
(m) “Seller” means Tech Plas Extrusions Pty Limited (A.C.N. 003 004 699) or Tech Wall Pty Ltd (ACN 160 318 936);
(n) “Specifications” means a specification provided by the Buyer and agreed to by the Seller in writing to which the Seller has agreed to manufacture and supply Custom Goods.
(o) “Standard Goods” means any goods which the Seller supplies to the Buyer which are not Custom Goods;
(p) words importing the singular includes the plural and vice versa;
(q) words importing a gender include any gender; and
(r) an expression importing a natural person includes a company, partnership, joint venture or other body or entity and vice versa.