Terms of Trade

BDDC Pty Ltd trading as Big Ditch Aquatecture | ABN 16 153 289 993

Contents

1. Parties & Scope

BDDC Pty Ltd trading as Big Ditch Aquatecture (ABN 16 153 289 993) and each related body corporate, any subsidiary or associated entity and as trustee of any trust from time to time (individually and together called “Big Ditch”) operates under these Trading Terms.

These Trading Terms apply to all quotes, invoices and engagements related to Big Ditch, Big Ditch Digging Company Pty Ltd, Bucket-Man Dam Construction, Angus Bucketman, Dirtshaper, xBuckets and all other entities associated with BDDC Pty Ltd trading as Big Ditch Aquatecture.

All projects, invoices and quotes, without exception, are subject to the Trading Terms outlined herein and they are binding on all customers of BDDC Pty Ltd trading as Big Ditch Aquatecture.

2. Engagement & Acceptance

2.1 Any instructions received by Big Ditch from the Customer for the Works and/or the Customer’s acceptance of Equipment supplied on hire by Big Ditch and/or Products or Services supplied by Big Ditch shall constitute acceptance of these Trading Terms (“Engagement”).

2.2 Where more than one Customer has entered into this agreement, they shall be jointly and severally liable under these Trading Terms.

2.3 Upon Engagement, these Trading Terms are irrevocable and can only be amended with the written consent of Big Ditch.

2.4 Big Ditch’s Special Conditions as annexed to any Quotation from Big Ditch from time to time, shall form part of and are intended to be read in conjunction with these Trading Terms.

3. Quotations & Price

3.1 Unless otherwise confirmed in writing, the Price shall be in accordance with Big Ditch’s current pricing model, as amended from time to time.

3.2 In the alternative to clause 3.1, at Big Ditch’s sole discretion, the Price shall be either:

• As indicated on invoices provided by Big Ditch to the Customer in respect of services supplied; or
• As indicated on the Job Docket(s) provided by Big Ditch to the Customer from time to time; or
• Big Ditch’s quoted price (subject to these Trading Terms) which shall be binding on Big Ditch provided that the Customer accepts the said quote in writing within thirty (30) days of issue.

3.3 Big Ditch reserves the right to change the Price in the event of any variation to Big Ditch’s quotation.

3.4 With regard to hourly engagement of services, charges will be tracked using the Big Ditch Earthmoving App.

3.5 At Big Ditch’s sole discretion, a bond may be required which shall be refunded upon project completion.

3.6 At Big Ditch’s sole discretion, a deposit may be required, which amount will be non-refundable.

3.7 Any variation from the Works in the Quotation including (but not limited to) any variation as a result of latent conditions shall be invoiced separately.

3.8 Payment for all variations must be made in accordance with the ordinary terms of payment set out in these Trading Terms.

3.9 Big Ditch may submit invoices for Works from time to time at Big Ditch’s absolute discretion.

3.10 The value of the Works shall include the reasonable value of variations and the value of materials and equipment used.

3.11 Big Ditch reserves the right to charge the Customer a 50% surcharge on any costs incurred by Big Ditch including, but not limited to consumables, equipment hire and dumping fees or other costs associated with the supply of Works and/or Equipment without set off or deduction for any reason.

3.12 Big Ditch may, at its absolute discretion, terminate the Works and/or provide an amended Price.

3.13 If required due to unsuitable sub-stratum conditions — the costs of bentonite, freight of bentonite and application of bentonite are the Customer’s responsibility.

4. Fuel Cost Variations

4.1 If the rolling 30-day average price of diesel fuel increases by more than 10% above the rolling 30-day average price of diesel fuel at the time the relevant quotation was issued, Big Ditch may apply a fuel surcharge to the Customer in respect of the affected Works.

4.2 Any fuel surcharge applied under clause 4.1 will be calculated on the actual increased fuel costs incurred by Big Ditch.

4.3 Prior to applying any fuel surcharge, Big Ditch will provide the Customer with written notice of the surcharge (“Fuel Cost Variation Notice”). The Fuel Cost Variation Notice will set out the basis of the surcharge calculation and the amount of the surcharge.

4.4 The Customer acknowledges and agrees that:

• fuel costs are subject to market fluctuations outside the reasonable control of Big Ditch;
• a fuel surcharge applied in accordance with this clause is reasonable and represents a fair allocation of risk; and
• payment of any fuel surcharge is due in accordance with the ordinary payment terms set out in these Trading Terms.

5. Payment Terms

5.1 The Customer must pay for all work prior to egress from the project site as per the attached payment schedule.

5.2 Amounts payable by the Customer under these Trading Terms must be paid in full without deduction or set-off.

5.3 Time for payment for the Products and/or Services shall be of the essence and will be stated on the invoice or job docket.

5.4 If no time is stated then payment shall be on delivery of the Products and/or Services or, at Big Ditch’s discretion:

• for approved clients, payment within thirty (30) days of the end of the month in which the invoice is generated; or
• otherwise, 2 days prior to completion of earthworks.

5.5 Payment will be made by cash on delivery, or by credit card (subject to these Trading Terms), or by other method agreed in writing.

6. GST

6.1 Each amount payable by the Customer under these Trading Terms in respect of a Taxable Supply by Big Ditch is a GST exclusive amount. On receipt of a tax invoice, the Customer must, in addition to that amount and at the same time, pay to Big Ditch an amount equal to the GST payable on the Taxable Supply.

6.2 The price shall be increased by the amount of any GST and other taxes and duties which may be applicable.

6.3 “Taxable Supply” and “GST” have the meanings set out in the A New Tax System (Goods and Services Tax) Act 1999.

7. Interest & Late Payment

7.1 Big Ditch is entitled to charge the Customer interest on amounts not paid within the credit period at the rate of 3% per annum above the annual business overdraft interest rate of its principal banker, as determined and calculated by Big Ditch, in its discretion.

7.2 If any account remains unpaid at the end of the project, that sum shall become immediately due and payable.

8. Deposits & Cancellation

8.1 At Big Ditch’s sole discretion, delivery of services shall take place when the Customer pays the deposit being 50% of the total estimate.

8.2 By paying any deposit, the Customer acknowledges that they agree with the terms set out herein.

8.3 As Big Ditch plans projects well in advance and guarantees a project start if a deposit is paid, a cancellation fee of 50% of the deposit shall be deducted from any refund. This cancellation fee will be applied to recoup the expenses of planning.

8.4 Big Ditch may cancel these Trading Terms or cancel delivery of the project at any time. Big Ditch will not incur a cancellation fee in the event Big Ditch cancels.

8.5 Hire costs during transportation on or after the day of termination will not be paid by the Customer.

8.6 In the event that the Customer cancels delivery of the project without providing adequate notice, Big Ditch reserves the right to charge the Customer any costs incurred.

8.7 Should any invoice remain unpaid upon final demand and prior to Big Ditch leaving the site, any deposit paid shall be forfeited to Big Ditch.

9. Variations to Works

9.1 Big Ditch may replace any Subcontractor at any time where Big Ditch reasonably believes the Subcontractor is not performing their obligations.

9.2 If Big Ditch replaces the Subcontractor, the Customer will sign all paperwork as reasonably required by Big Ditch.

9.3 Big Ditch reserves the right to review these Trading Terms at any time. If, following any such review, there is a change to these terms, Big Ditch will notify the Customer of any change by publishing the changed terms on www.bigditch.com.au.

10. Delivery & Access

10.1 If requested by Big Ditch, prior to the Works, the Customer:

• shall permit Big Ditch (or its agent) to attend at the Premises to determine the condition and suitability for the Works;
• must obtain the necessary permits and/or plans for the completion of the requested Works and pay any fees associated with the same; and
• must clearly mark the location of and identify all services above and below ground at the Premises prior to Works commencing.

10.2 At Big Ditch’s sole discretion, delivery of services shall take place when the Customer pays the required deposit.

10.3 A minimum of twenty-four (24) hours’ notice must be given for standby.

10.4 In the event of any standby, Big Ditch may, at its absolute discretion, charge fees in respect of standby time.

10.5 Big Ditch reserves the right to amend the delivery date and the completion date due to circumstances beyond its control.

10.6 The Customer shall make all arrangements necessary to take delivery of the Equipment whenever it is tendered for delivery.

10.7 In the event that the Customer is not able to take delivery of the Equipment as arranged, Big Ditch may charge the Customer storage and/or hire fees.

10.8 Delivery of the Equipment to a third party nominated by the Customer is deemed to be delivery to the Customer.

10.9 The Customer shall be responsible for free access by Big Ditch to the site on which the Equipment is to be operated.

10.10 Any failure or delay in delivering the Equipment shall not entitle either party to treat the agreement as repudiated.

10.11 Big Ditch shall not be liable for any loss or damage whatsoever resulting from or related to delays in delivery.

10A. Client-Initiated Delays and Stand-Down Charges

10A.1 Where the Customer requests, directs, or causes a change to the contracted project commencement date within 30 days of that contracted start date, a stand-down charge will apply for each day between the original contracted start date and the revised commencement date.

10A.2 The stand-down charge rate applicable under clause 10A.1 is $1,500 per day (ex GST) for Big Ditch equipment and personnel, plus any additional stand-down charges imposed on Big Ditch by its subcontractors as a direct consequence of the Customer’s delay.

10A.3 Stand-down charges under this clause are payable regardless of whether Big Ditch’s equipment and personnel are physically present on site, as the charges reflect committed contractual obligations that Big Ditch cannot unilaterally release within the 30-day window.

10A.4 Big Ditch will provide the Customer with written notice of stand-down charges as soon as practicable after the Customer’s request for a change to the commencement date.

10A.5 Stand-down charges under this clause are in addition to, and do not reduce or replace, any other amounts payable under these Trading Terms.

Bogging and Ground Condition Risk

The Customer acknowledges that ground conditions at the Premises may present a risk of Equipment becoming bogged or immobilised during the Works. The Customer warrants that it has disclosed all known ground conditions, including areas of soft, wet, unstable or flood-prone ground, prior to commencement of Works.

In the event that any Equipment becomes bogged, immobilised or unable to operate freely due to ground conditions at the Premises:

(a) all costs associated with the recovery, extraction or salvage of the Equipment, including but not limited to heavy haulage, crane hire, additional machinery, towing, winching and any third-party salvage services (“Heavy Salvage Costs”) shall be borne solely by the Customer and invoiced as a variation in accordance with these Trading Terms;

(b) all costs of repair to Equipment arising from or connected with the bogging event, including mechanical damage, track damage, undercarriage damage, hydraulic damage and any associated parts and labour, shall be borne solely by the Customer;

(c) any period during which Equipment is immobilised due to a bogging event shall be charged to the Customer at the full daily or hourly hire rate as applicable, including standby time pending recovery;

(d) Big Ditch accepts no liability for any delay to the Works or any consequential loss arising from a bogging event caused by ground conditions at the Premises.

The Customer’s obligations under this clause apply regardless of whether the bogging results from the Customer’s negligence, failure to disclose ground conditions, or unforeseen site conditions.

11. Supply of Equipment

11.1 Equipment is supplied by Big Ditch based only on these Trading Terms to the exclusion of anything else.

11.2 Subject to these Trading Terms, Big Ditch shall supply all consumables necessary for the operation of the Equipment.

11.3 Big Ditch is responsible for the repair and maintenance of the Equipment, and the Customer is not to attempt any repairs without prior written consent from Big Ditch.

12. Project Period & Duration of Works

12.1 The project period shall be either on a daily or hourly rate (as determined by Big Ditch) for the entire period unless otherwise agreed in writing in Big Ditch’s Quotation.

12.2 Hourly charges shall commence from the time the Equipment is floated/dropped to the Customer’s site and shall continue until the Equipment is collected.

12.3 During the period in which the Works are to be completed, the Customer shall:

• immediately notify Big Ditch should any competent authority require the suspension or cessation of the Works;
• immediately notify Big Ditch should it become aware of any fact, matter or thing that might reasonably affect the Works;
• allow Big Ditch and/or any Agent or Subcontractor to store the Equipment at the Premises;
• take all reasonable precautions to keep all persons, including the Customer, its employees, agents and visitors, away from the Equipment; and
• comply with all reasonable safety requests of Big Ditch, and shall not at any time (and will ensure that its employees do not) operate the Equipment.

12.4 Final trim will be completed to the level allowed by the condition of the material. If the material conditions are unsuitable, Big Ditch cannot be held responsible.

13. Risk & Title

13.1 All risk for the Equipment passes to the Customer on delivery of Equipment to the worksite.

13.2 The Customer accepts full responsibility for the safekeeping of the Equipment and indemnifies Big Ditch against all loss or damage.

13.3 The Equipment is and will at all times remain the absolute property of Big Ditch. Nothing in the Engagement entitles the Customer to retain or hold Equipment, or creates any proprietary interest in the Equipment.

13.4 The Customer irrevocably grants to Big Ditch and/or any Agent or Subcontractor the right to enter upon any premises to repossess Equipment.

13.5 The Customer is not authorised to create a lien over the Equipment for any reason whatsoever.

13.6 Where Products are to be supplied by way of sale, property in the Products shall not pass until the Customer has paid all money owing to Big Ditch in full. Risk in the Products passes to the Customer at the time of delivery.

13.7 The Customer holds the Products as fiduciary bailee and agent for Big Ditch and must keep the Products separately identifiable.

13.8 If an Event of Default occurs, then without prejudice to Big Ditch’s other rights, Big Ditch may repossess the Products.

13.9 If the Customer sells any of the Products supplied while money is owed to Big Ditch, the Customer holds the proceeds on trust for Big Ditch.

13.10 If the Products are resold, or goods and/or services using the Products are manufactured and sold, the Customer assigns to Big Ditch the right to receive sale proceeds to the extent of the amount owing.

13.11 The Customer must not assign or grant a security interest in respect of such book debts without Big Ditch’s consent.

13.12 If the Customer uses the Products in some process of its own or of some third party, then the Customer will hold such part of the resulting product as relates to the Products on trust for Big Ditch.

13.13 The ownership of any construction remains with Big Ditch and only transfers to the Customer once all monies owed are transferred and received by Big Ditch. Big Ditch reserves the right to deconstruct any construction it has completed if monies owed are not paid.

13.14 If the Equipment is lost, damaged or destroyed due to any fault of the Customer, its servants or agents, the Customer will compensate Big Ditch for the full replacement value.

14. Customer’s Obligations

14.1 The Customer shall be responsible for the provision of transportation, storage and safe keeping of all fuels, oils and greases provided for use in the Equipment.

14.2 The cost of repairing or replacement of any GET required during or at the end of the project period (GET includes items such as cutting edges, bucket teeth, wear plates, ripper boots/shin guards, hammer bits and tips, etc.) is the Customer’s responsibility.

15. Warranties & Liability

15.1 Any work done by other contractors on any dam completed by Big Ditch voids all warranties and guarantees.

15.2 Big Ditch will not be liable for any loss or damage whatsoever suffered by the Customer as a result of any act, omission or statement made by Big Ditch, its employees or agents.

16. Approvals & Compliance

16.1 The responsibility for negotiating and applying for any government or council approvals required for any Works remains with the Customer. Big Ditch takes no responsibility for such approvals and cannot be held responsible in any way for delays or refusals.

16.2 Big Ditch does not attempt to be knowledgeable about the by-laws or approvals required for each local government area.

16.3 It is the Customer’s responsibility to be aware of their harvestable rainfall rights allocations as they apply to their own property. Big Ditch takes no responsibility for understanding or researching harvestable rights for the Customer.

17. Promotional & Design Collateral

17.1 All designs, sketches, concepts and presentations remain the exclusive property of Big Ditch, and ownership does not pass at any point to any person or entity.

17.2 All photographs, videos or any digital representations taken on-site at any time, whether during a quoting phase, site inspection or during construction, remain the copyright property of Big Ditch, and ownership does not pass at any stage or point to any other person or entity.

17.3 Such design collateral shall be used by Big Ditch at Big Ditch’s sole discretion for promotional or other purposes.

18. Indemnity

18.1 The Customer will indemnify Big Ditch in relation to any direct or indirect loss, liability or damage suffered by Big Ditch or any other person as a result of the Customer’s negligence or breach of these Trading Terms.

19. Charge over Customer’s Property

19.1 As security for payment to Big Ditch of all moneys payable by the Customer and for the Customer’s obligations under these Trading Terms, the Customer charges in favour of Big Ditch the whole of the Customer’s undertaking, property and assets (including without limitation all of the Customer’s interests, both legal and beneficial, in freehold and leasehold land).

19.2 The Customer irrevocably appoints each Officer as the Customer’s attorney to do all things necessary to give effect to this clause.

19.3 Upon demand by Big Ditch, the Customer agrees to immediately execute a mortgage or other instrument as required by Big Ditch.

19.4 If the Customer fails within a reasonable time of such demand to execute such mortgage or other instrument, Big Ditch may execute it on the Customer’s behalf.

20. Personal Property Securities Act (PPSA)

20.1 In these Trading Terms, “Financing statement”, “financing change statement”, “security interest”, “purchase money security interest”, “attached”, “attachment”, “perfected”, “accession”, “commingled” and all related terms have the meaning given to them by the Personal Property Securities Act 2009 (Cth) (“PPSA”).

20.2 In consideration of Big Ditch supplying the Services to the Customer at the request of the Customer, the Customer:

• grants to Big Ditch a “Purchase Money Security Interest” (“PMSI”) in all Products supplied by Big Ditch to the Customer from time to time as security for payment of all moneys owing;
• grants to Big Ditch a “Security Interest” (“SI”) in all of its present and after-acquired property and in all of its present and future rights in relation to its property;
• agrees that any Products or proceeds of sale of the Products coming into existence after the date of these Trading Terms are subject to the PMSI;
• acknowledges that the Customer has received valuable consideration from Big Ditch and agrees that it is bound by these Trading Terms;
• agrees that the PMSI and SI has attached to all Products supplied now or in the future by Big Ditch to the Customer.

20.3 Big Ditch reserves the right to register a financing statement in the Personal Property Securities Register.

20.4 The costs of registering a financing statement or a financing change statement can be charged to the Customer.

20.5 The Customer must promptly, on request by Big Ditch, execute all documents and do anything else required by Big Ditch to ensure Big Ditch has a perfected security interest in the Products.

20.6 The Customer must not agree to allow any person to register a financing statement over any of the Products without Big Ditch’s prior written consent.

20.7 The Customer must not allow the Products to become accessions or commingled with other goods unless Big Ditch has first perfected any PMSI or SI that Big Ditch has in relation to those goods.

20.8 If Big Ditch perfects any PMSI and/or SI that Big Ditch has in relation to the Products, the Customer waives all rights to receive a notice.

20.9 The Customer irrevocably grants to Big Ditch the right to enter upon the Customer’s property or premises without notice, and without being in any way liable to the Customer or to any third party, if Big Ditch has cause to exercise any of its rights under the PPSA.

20.10 Nothing in sections 125, 132(3)(d), 142 and 143 of the PPSA will apply to these Trading Terms.

20.11 The Customer acknowledges and agrees that to the full extent permitted by law, the following rights are excluded:

• not have goods damaged or be inconvenienced any more than necessarily incidental if Big Ditch removes an accession under s.95;
• receive notice of any intention to remove an accession under s.95(1)(a);
• apply to the Court for an order postponing the removal of the accession or to determine the amount to be paid under s.97;
• receive notice of a decision to enforce the security interest in personal property in the same way as a security interest in land;
• receive notice of the enforcement of liquid assets under s.121(4) PPSA;
• receive notice of any proposal to dispose of collateral under s.130(1)(a) PPSA;
• receive a Statement of Account if no disposal under s.132(4) PPSA;
• receive notice of any proposal to retain collateral under s.135(1)(a) PPSA; and
• receive notice of a verification statement in relation to any registration event (including registration of a financing statement or financing change statement).

21. Transactions & Credit Account

21.1 The Customer will be liable for all transactions and expenses involving the Customer’s credit account.

21.2 The Customer will also be liable for any fraudulent use of the Customer’s credit account which is conducted by a party known to the Customer.

22. Application of Moneys

22.1 If Big Ditch receives or recovers money in respect of a debt of the Customer, Big Ditch may use such money in whatever order of application it chooses.

23. Set-Off

23.1 Big Ditch may at any time set-off amounts owed by Big Ditch to the Customer against amounts owed by the Customer to Big Ditch.

24. Withdrawal or Variation of Credit

24.1 Big Ditch may at any time, without the need to provide a reason, vary or withdraw any credit granted to the Customer.

24.2 Where the Customer completes a further Application for a Commercial Trading Account, that Application will supersede any previous credit terms.

25. Suspension or Ceasing of Supply

25.1 Big Ditch may in Big Ditch’s complete discretion and without incurring any liability to the Customer, cease or suspend supply of Products and Services to the Customer or amend these Trading Terms.

25.2 Without limiting clause 25.1, if an Event of Default occurs, Big Ditch may, without prejudice to its other rights, suspend or cease supply.

26. Certification

26.1 A statement signed by an Officer certifying the amount of any moneys payable by the Customer, or identifying any Products and Services, as being “unpaid for” is, in the absence of manifest error, conclusive evidence of the amount owed.

27. Service of Notices

27.1 All notices or documents required to be given to Big Ditch for the purposes of the PPSA must be given in writing to Big Ditch.

27.2 Any notices or documents required to be given by Big Ditch to the Customer for the purposes of the PPSA may be given by delivering them to:

• the last address for the Customer known to Big Ditch;
• if the Customer is a Company, the registered office or principal place of business; or
• if the Customer trades under a registered business name, any address contained on a current business name registration.

28. Notification of Change of Details

28.1 The Customer will provide written notice to Big Ditch of any change in the Customer’s structure or management, including any change of director, shareholder, partnership, trusteeship or address, within 7 days of the change.

29. Continuing Guarantee

29.1 All guarantees under or related to these Trading Terms will be continuing guarantees and will terminate only with Big Ditch’s written agreement.

30. Trusts

30.1 These Trading Terms bind the Customer both personally and as trustee of any trusts of which the Customer is a trustee.

31. Joint and Several

31.1 If the Customer consists of more than one person, the obligations of each person are joint and several.

32. Assignment

32.1 The Customer may not assign any agreement under these Trading Terms without Big Ditch’s prior written consent.

33. Waiver

33.1 Any waiver by Big Ditch must be in writing signed by Big Ditch. In the event that Big Ditch elects to waive its rights in respect of a particular matter, that waiver is not a waiver in respect of any other matter.

34. Amendments

34.1 These Trading Terms may only be amended with Big Ditch’s express written agreement.

35. Severance

35.1 Each clause, sub-clause and part of these Trading Terms is separate and independent. If any clause, sub-clause or part is void, that will not affect the validity of the remaining provisions.

36. Effect of Other Terms

36.1 These Trading Terms are supplemented by the Trading Terms on Big Ditch’s website at www.bigditch.com.au and are in no way affected or amended by any other express or implied terms.

36.2 No terms of the Customer apply to any agreement between the Customer and Big Ditch.

37. Expenses

37.1 The Customer must pay to Big Ditch any costs, charges and expenses (including all stamp duty and legal fees and costs and debt recovery expenses on a full indemnity basis) incurred by Big Ditch in relation to any breach by the Customer.

38. Definitions & Interpretation

38.1 In these Trading Terms unless the context requires otherwise:

• “ACL” – Means the Australian Consumer Law as contained in the Competition and Consumer Act 2010 (Cth) as amended from time to time.
• “Consequential Loss” – Means without limitation: damage to any third party’s property; loss of profits; loss of revenue; economic loss; loss of goodwill; and loss of opportunity.
• “Credit-related information” – Includes “credit information”, “credit reporting information”, “credit eligibility information” and “credit information file” as defined in the Privacy Act.
• “Credit Terms” – Means the General Credit Terms attached to any Application for Commercial Trading Account.
• “Customer” – Means the customer whose details appear in the Application for a Commercial Trading Account and any other customers of Big Ditch.
• “Engagement” – Any instructions received by Big Ditch from the Customer for the Works and/or the Customer’s acceptance of Equipment supplied on hire or Products or Services supplied by Big Ditch.
• “Event of Default” – Means any of the following events: the Customer fails to pay for any Products and Services and/or the Customer breaches these Trading Terms; the Customer ceases or threatens to cease carrying on business; if the Customer is a company: an order is made or a resolution is effectively passed for winding up under the Corporations Act 2001 (Cth); if the Customer is a natural person: an order is made for the Customer’s bankruptcy, or the Customer commits an act of bankruptcy.
• “Equipment” – Means any equipment or other tools, materials, resources or other items necessary to carry out the Works.
• “Fuel Cost Variation Notice” – Has the meaning given in clause 4.3.
• “Job Docket” – Means each and any job docket and/or tax invoice issued by Big Ditch with respect of the Works from time to time.
• “Minimum Hire Period” – Means the minimum hire period described on the invoices, quotation, authority to hire or any other document.
• “Officer” – Means each director, secretary, credit manager and authorised representative of Big Ditch.
• “Premises” – Means the site or location at which the Works are to be provided, as set out in the Job Docket.
• “Privacy Act” – Means the Privacy Act 1988 (Cth) as amended from time to time.
• “Products” – Includes all Products and Services supplied by Big Ditch to the Customer including, but not limited to earthworks and dam-related services.
• “Services” – Includes all Services supplied by Big Ditch to the Customer including, but not limited to the Works.
• “Subcontractor” – Means each and any subcontractor engaged by Big Ditch for the completion of the Work at the discretion of Big Ditch.
• “Trading Terms” – Means all the provisions of the Application for Commercial Trading Account (including the General Credit Terms) plus BDDC Pty Ltd trading as Big Ditch Aquatecture’s Terms and Conditions of Trade (as they appear herein).
• “Big Ditch” – Means BDDC Pty Ltd trading as Big Ditch Aquatecture and any related body corporate, any subsidiary or associated entity and any trustee of any trust.
• “Works” – Means all earthmoving and heavy machinery services provided by Big Ditch to the Customer (and/or its nominees).

38.2 In these Trading Terms, unless the context requires otherwise, all references to a party include that party’s executors, administrators, successors and permitted assigns.

38.3 All projects, invoices and quotes, without exception, are subject to the Trading Terms outlined herein and they are binding on all customers of BDDC Pty Ltd trading as Big Ditch Aquatecture.