These terms apply to all contracts between active hospitality supplies pty ltd t/a zest coffee & café supplies (the supplier and the customer for provision of credit and for the sale, supply and hire of goods) The following terms and conditions apply and shall be deemed incorporated in, and form part of the acceptance by us of your orders:
1. Information warranty. The customer hereby warrants that the information comprised in this application for credit is true accurate And correct and is supplied for the purpose of obtaining credit.
2. Acceptance of terms: the submission of a credit application and/or the purchase of goods by the customer will constitute acceptance By the customer of these terms and conditions.
3. Quotations: all quotations for prices and availability of goods provided by the supplier are valid and capable of acceptance by the Customer for a period of 30 days from the date on the quotation unless specified otherwise. Prices are subject to any significant Fluctuation in the input prices and exchange rates relating to those goods as notified from time to time by the supplier.
4. Freight. Freight costs are not included in the prices quoted for goods and will be charged to the customer at the standard rates, Which are available on written request.
5. Mistake: the supplier reserves the right to correct mistakes in prices and quantities quoted in any quotation by giving written Notice to the customer at any time prior to the delivery of goods. The customer is deemed to accept the terms of the correction Unless it gives one written notice declining the corrected quotation.
6. Payment: all supplies of goods to customers are on a cash sale or cash hire basis unless credit terms have been agreed to in Writing, which will be on the following terms:
i. Payment in full is due and payable from date of invoice unless credit has been granted in which case it becomes due on the last day
Of the agreed payment terms which are stated at the bottom of the invoice. Upon a default in payment, then all monies due to the Supplier shall immediately become due and payable and shall be paid by the customer within seven (7) days of the date of demand. Interest will accrue daily from the due date calculated as a rate of 2% per month.
ii. Any expenses, costs or disbursements incurred by the supplier in recovering any outstanding monies including debt collection agency fees shall be paid by the customer.
iii. The supplier can at any time require additional security from the customer as considered reasonably necessary and can withhold supply of goods until acceptable security has been granted by the customer.
7. Title and risk: The risk in the goods supplied by the supplier to the customer shall pass to the customer upon dispatch but the ownership in them Shall not pass to the customer until the customer has paid for the same and discharged all outstanding indebtedness to the supplier Whatsoever. Receipt by the supplier of any cheque or other bill of exchange or any promissory note shall not be deemed to be Payment or conditional payment until the same has been honoured or cleared and until such time shall not prejudice or affect the Supplier’s right, powers or remedies against the customer and/or the goods. The customer acknowledges that acceptance of these Terms and conditions are a security agreement for the purposes of the personal properties securities act 2009 and that the Customer authorises the supplier to register a security interest in the goods applying from the date the customer obtains possession Of them and that the customer irrevocably authorises the supplier to enter premises occupied by the customer to remove goods and Resell them to recover monies owed. The customer agrees that the supplier need not give any notice under the ppsa to the Customer or any third party of any recovery action that it may take with respect to its security interest in any of the goods. The Customer agrees that he/she will be liable for any fees, charges and expenses that the supplier may reasonably incur in registering, Maintain or enforcing any security interest.
8.Return of goods: The customer may not return any custom-made or specially produced or ordered goods. All returns of unused goods, Correctly supplied as ordered by the customer, are subject to approval by the supplier at its absolute discretion upon receiving a Completed request for credit return form from the customer. All credits for goods that have been approved for return will be less a 20% Restocking fee and less any freight charges incurred by the supplier.
9.Repossession: Upon default in payment by the customer, the supplier may retake possession of goods. All costs of such repossession Of goods by the supplier will be payable by the customer. Such rights shall be without prejudice to the to claim damages from the Customer for breach of contract. The customer irrevocably authorises the supplier and its servants and agents to enter upon the Premises without notice at any time, for the purposes of examination or recovery of goods.
10.Claims: Any claim for non-delivery, shortage in supply or damage occurring during the course of delivery or any claim for rejects by A customer must be in writing and given to the manager of the supplier within 72 hours of delivery.
11.Liability: The liability to the customer in relation to the goods will never exceed the price of the goods. The supplier will not Be liable for any consequential loss or damages, including (but not limited to) loss of profit, business revenue, goodwill, Anticipated savings or damage to property. The customer indemnifies the supplier against any loss or expense arising from a customer Breach of these terms. The customer indemnifies the supplier against any claims made by a third party in respect of negligence, Personal injury or death arising out of the supply of goods to the customer by the supplier.
12.Trust: In the case of a customer that is a trust, the trustee of the customer enters this agreement in its personal capacity as well As in its capacity as trustee. The trustee warrants that the trust is lawfully operating and that the assets of the trust shall be Available to meet payment of the account. Warranty. Should the goods be defective, the liability is limited to either (at its Option) repair of the defective goods, or the replacement of the goods upon the customer returning (at its cost) the defective Goods, or the refund of the full price for the goods to the customer.
13.Guarantee: Where the customer is a corporation, each of the directors jointly and severally guarantees the payment by the customer Of all outstanding amounts in relation to goods sold or hired by the supplier.
14.Change of ownership: the customer shall no later than 14 days prior to any proposed change of ownership, shareholders of the Customer or a parent company, alteration, addition to the shareholding or directorship, notify the supplier of the proposed change.
15.No exclusion: These terms do not exclude any provisions required by law to be included and any inconsistent provisions shall be Severed from these terms without affecting the enforceability of the remaining provisions.
16.Severance: if any of these terms or conditions is or becomes for any reason wholly or partly invalid that term or condition shall to The extent of the invalidity be severed without prejudice to the continuing force and validity of the remaining conditions.
17.Jurisdiction: the laws of the state of victoria apply to this agreement and all contracts between the supplier and the customer, and Unless varied by mutual consent all contracts shall be subject to the jurisdiction of any of the courts of victoria.
The customer and signatories appearing below hereby acknowledge that they have read and understood the credit terms and conditions attached and have received a copy of the agreement and that, upon receipt & acceptance by the supplier by way of written notice or the supply of goods or services, they agree to be bound accordingly.