In these Terms and Conditions unless the context otherwise requires:
(a) a reference to a party includes a reference to the party's successors and permitted assigns and any person claiming under or through the party;
(b) every agreement or obligation expressed or implied in this Deed by which two or more persons agree or are bound shall bind such persons jointly and each of them severally;
(c) a reference to a group of persons includes a reference to all of them collectively, any two or more collectively and each of them individually;
(d) "ACL" means the Australian Consumer Law Schedule of the Competition and Consumer Act 2010 (Cth) as amended.
(e) “Applicant” means the party or parties defined as the Applicant in the Credit Application.;
(f) “Agreement” means the agreement constituted by the acceptance of this Credit Application (including the Terms and Conditions) by CGL;
(g) “Authorised Representative” means CGL’s Group Credit Manager or such person as may be authorised by the Group Credit Manager from time to time;
(h) “CGL” means Coventry Group Limited (ABN 37 008 670 102) (ACN 008 670 102) which is the proprietor of the trading Coventry Fasteners, Konnect, Cooper Fluid Systems, and Artia;
(i) “Conditions”/“Terms”/“Terms and Conditions” means these Trading Terms and Conditions forming part of the Agreement;
(j) "consumer" is as defined in the ACL and in determining if the Applicant is a consumer, the determination is made if the Applicant is a consumer under the Agreement.
(k) "goods" means goods supplied or ordered under this Agreement
(l) “GST” means the goods and services tax as imposed by the GST Law together with any related interest, penalties, fines or other charge.
(m) “GST Law” has the meaning given to that term in A New Tax System (Goods and Services) Act 1999 (Cth) as amended.
(n) “including” and similar expressions means “including, but not limited to”;
(o) “Maximum Credit Limit” means the sum referred to in paragraph 3.1 of the Conditions which is the aggregate maximum credit limit to be extended to the Applicant by CGL. This, however, does not limit the liability of the Applicant and Guarantors to CGL.
(p) “Person” includes an individual, the estate of an individual, a body politic, a corporation, an association (incorporated or unincorporated) and a statutory or other authority.
(q) “Payment” means any amount payable under or in connection with a Quotation or Sales Invoice including any amount payable by way of indemnity, reimbursement or otherwise (other than GST) and includes the provision of any non-monetary consideration.
(r) "PPSA" means the Personal Property Securities Act 2009 (Cth) as amended.
(s) “Purchase Price” means the price for the goods or services set out in the relevant Quotation or Sales Invoice.
(t) “Quotation” means the form of quotation submitted by CGL to the Applicant in which these Terms are deemed to be incorporated.
(u) “Sales Invoice” means the sales invoice issued by CGL to the Applicant in which these Terms are or are deemed to be incorporated.
(v) "services" means services supplied by CGL to the Applicant.
(w) “Special Goods” means any goods which are, at the Applicant’s request, embellished, embroidered, printed, machined, cut-to-size or specifically ordered for the Applicant.