terms and conditions of sale

The following terms will apply to all transactions between the Customer and Active Hospitality Supplies Pty Ltd, also trading as Zest Specialty Coffee Roasters and, unless altered or modified in writing to us, they are incorporated in, and form part of the acceptance by us of your orders.

1. DELIVERY
The seller will not be held responsible for damage in transit if using the services of a courier. Buyers are to arrange whatever insurance cover is required at their expense.

2. PAYMENT
Payment shall be made on delivery unless credit terms are granted by the seller. Credit will only be granted if the seller has approved a completed and signed Credit Application Form.

3. RISK AND TITLE
The risk in the goods supplied by the seller to the purchaser shall pass to the purchaser upon dispatch but the ownership in them shall not pass to the purchaser until the purchaser has paid for the same and discharged all outstanding indebtedness to the seller whatsoever. Receipt by the seller of any cheque or other bill or exchange or any promissory note shall not be deemed to be payment or conditional payment until the same has been honored or cleared and until such time shall not prejudice or affect the seller’s right, powers, or remedies against the purchaser and/or the goods.

4. GUARANTEES AND CONDITIONS
No warranty or condition shall be implied herein against the seller except where the goods are subject to an express warranty given by the manufacturer thereof or the parties supplying the same to the seller, in either case being a warranty upon which the seller may rely. In these cases, the terms of such express warranty shall be deemed to be incorporated herein but without creating any privity of contract between the buyer and such manufacturers or suppliers to the seller and in the case where a claim is made by the buyer under such warranty the judgment of the manufacturers or suppliers as the case may be, as to whether or not there has been a breach of the said warranty shall be final and binding upon the seller and buyer.

5. EXCLUSION OF LIABILITY
As the application and conditions under which various products are used are beyond the control of the seller, the purchaser shall be responsible to ensure that the product is suitable for the intended use by the purchaser, and the purchaser indemnifies the seller against any claim for damage or loss (including such claims by third parties) arising out the use of the products, whether these claims are a result or direct, indirect or consequential damage or loss. In no event shall the Seller be responsible for the loss of profit, penalties, damages, or other losses resulting from delay in delivery of goods or completion of work The Seller’s total liability in respect of any claim shall in no event exceed the total price payable to the Seller for the goods or services.

6. RETURNS AND CLAIMS
No goods are returnable after 3 days. All goods shall be deemed to have been inspected and accepted by the buyer unless claims for shortages and damages have been made within 3 days of receipt, quoting the packaging slip numbers and date. A handling charge of 20% of the value of the goods will be charged on returned goods correctly invoiced and supplied as ordered by the buyer.