The following definitions apply in the Agreement, unless the context requires otherwise: In these Terms, unless the context requires otherwise:<\/p>\n
\nAcceptance<\/strong> has the meaning set out in clause 8.
\nAdditional Conditions<\/strong> means any conditions noted on the Sale Confirmation, which are to be included in addition to these Terms or which are required in order to satisfy the Importing Country Requirements.
\nAgreement<\/strong> has the meaning set out in clause 2 of these Terms.
\nApplicable Standards and Quality<\/strong> means the applicable standards and quality required by Law, in accordance with the Importing Country Requirements, in order to satisfy the AUS-MEAT National Accreditation requirements and in order for the Goods to conform with the Product Description and Specification in the Sale Confirmation;
\nAUS-MEAT Specification<\/strong> means the specifications published by AUS-MEAT Limited relating to specific category and class of animal, product description, specification cutting lines \/ additional trim, grade or carton brand name, primal weight range\/ portion weight & tolerance, yield, packaging and handling condition of product.
\nBuyer<\/strong> means the party named as the Buyer in the Sale Confirmation.
\nClaim<\/strong> means any loss, damage, claim, expense, penalty, liability, remedy, suit, or demand, of any kind or character, whether in contract or at common law, in equity or pursuant to any statute of law anywhere in the world.
\nConfidential Information<\/strong> means all and any information of a confidential nature including financial, customer and employee information, supplier information, product specifications, processes, statements, formulae, trade secrets, drawings and data which is not in the public domain, except by virtue of a breach of the confidentiality obligations arising under the Agreement between the parties.
\nConsequential Loss<\/strong> means any of the following, however arising and even if it is reasonably contemplated by the parties, at the date of the Agreement, as a probable result of breach of the Agreement:<\/p>\n\n
\nExport Destination<\/strong> means the country noted on the Sale Confirmation to which the Goods are to be exported in accordance with the terms of the Agreement.
\nForce Majeure Event<\/strong> means an act or occurrence beyond the reasonable control of a party including but not limited to acts of nature, acts of war or riots, weather occurrences, labour disputes or Government action, or any other cause (whether similar to the foregoing or not), unavailability of shipping services, mis-delivery or non-delivery other than through the negligence of a party, or the acts of a Government Agency, which delays or prevents a party from meeting its obligations under this document. For the avoidance of doubt, lack of finance is not a Force Majeure Event.
\nGoods<\/strong> means the frozen or chilled meat matching the Product Description and Specification in the Sale Confirmation supplied, or to be supplied, by InterAgri to the Buyer.
\nGovernment Agency<\/strong> means any government or any governmental, semi-governmental, fiscal, monetary, judicial or statutory agency, authority, tribunal, commission, body or other entity, with power, authority or jurisdiction in any part of the world.
\nGST<\/strong> has the meaning given by section 195-1 of the GST Act or any replacement or other Law.
\nGST Act<\/strong> means A New Tax System (Goods and Services Tax) Act 1999 (Cth).
\nImporting Country Requirements<\/strong> means the requirements and standards published on MiCOR (or any replacement of MiCOR), applicable to the Goods and required to be satisfied for the Goods to gain market access in the Export Destination.
\nLoss means any loss, cost, expense, or damage, whether direct or indirect, present or future, fixed or ascertained, actual or contingent and whether arising under contract (including this agreement), in tort (including negligence), at common law, in equity, under statute, under an indemnity or otherwise.
\nPPSA<\/strong> means the Personal Property Securities Act 2009 (Cth).
\nPrice<\/strong> means the price for the Goods set out in the Sale Confirmation.
\nSale Confirmation<\/strong> means the document in the form determined by InterAgri, signed by InterAgri and the Buyer, containing the particulars of Goods, and the terms of purchase including the Price, the Product Description and Specification of the Goods, the delivery terms and the Export Destination.
\nInterAgri<\/strong> means InterAgri Group Pty Ltd (ACN103 191 126) (Seller).
\nSpecification<\/strong> in regards to the Goods, means the AUS-MEAT Specification referred to in the Sale Confirmation.
\nTerms<\/strong> means these Standard Terms and Conditions of Sale as amended from time to time.<\/p>\n1.2<\/h3>\n
Interpretation<\/h3>\n
\n
\n
2.<\/h2>\n
Agreement<\/h2>\n