A) In return for us agreeing to consider your order, you agree that these Terms and Conditions will apply irrespective of the method of payment.
B)We are not obliged to accept any order from you.
C)Where we accept an order from you these Terms and Conditions apply and constitute an agreement by you to purchase the products on the order.
D)You cannot cancel or vary an order without our agreement.
E)If we notify you in writing that the product ordered is out of stock, then you may cancel the order and obtain a refund of any funds paid.
A) The price of the products will be set out on the order and the invoice and will include GST if applicable. GST may not be payable on consumables classed as foods which are exempt from GST.
B) Direct bank deposits and most credit cards (Visa & MasterCard) are accepted as payments.
C) Payment terms are to be agreed when you sign or otherwise accept the order and will be either on:
1. Payment prior to delivery
2. Terms otherwise agreed between you and us
D) If you fail to pay the balance of funds owing when it is due, we may:
1. Charge you for all reasonable cost, fees and expenses incurred by us in obtaining payment for the product.
2. Charge you interest on the amount unpaid at a rate being 2% above the overdraft rate charged by our principal bankers per annum (calculated daily).
3. Take possession of the products and allows our authorised representative access to your premises to remove the products from those premises.
A) You must provide all necessary site conditions such as power outlets.
B) We will deliver products to the place specified for delivery by you in the order form.
C) Dates specified for delivery are estimates and failure to deliver within the time stated will not entitle you to repudiate this agreement in whole or part.
D) If you fail to take delivery of the products 7 days after written notification that they are ready for delivery, we may cancel the order and at our discretion charge you a Cancellation fee representing the greater of $100 or 20% of the value of the order.
A) We will repair or replace any item sold if there is any manufacturing defect in material or workmanship within 12 months of delivery. We will choose whether to repair or replace.
B) It is your responsibility and at your cost to deliver the equipment to, and dispatch from our service centre at The Coffee Galleria (ABN 11 144 810 373) at Unit 12, 86-88 Falconer Street, West Ryde NSW 2114.
C) We make every reasonable effort to ensure the reasonable availability of spare parts for any particular item for three years from the first time it was supplied to you as new. We are not liable if we are unable to provide you spare parts either on a temporary or permanent basis.
D) Consumable products such as coffee beans, coffee pods, sugar, paper cups or any other ancillary products are not subject to warranty claims.
E) The laws implies various terms and conditions and warranties, which might apply to us supplying goods and services to you. To The extent permissible by law, we exclude all those conditions and warranties. Our liability in relation to goods is limited at our option to the repair or replacement of the goods or the supply of equivalent goods.
F) We are not subject to and you release us from any liability (including but not limited to consequential loss or damage) because of any delay in delivery or fault or defect in the products. You agree that we are not responsible if the products do not comply with any applicable safety standard or similar regulations and we are not liable for any claim, damage or demand resulting from such non-compliance.
A) We remain the owner of the products until you have paid the full price for these products plus any associated charges. If you default in paying any part of the price or associated charge in connection with an order we may repossess the products supplied under the order. If you re-sell any of the products before becoming the owner, you are acting as our selling agent although only to the absolute minimum extent necessary to protect our ownership.
B) Risk of damage passes to you at completion of the delivery process.
We will not be liable to you or be deemed to be in breach of the agreement by reason or any delay in performing, or any failure to perform any of the obligations in relation to the products if the delay or failure was due to any cause beyond our reasonable control.
A) Any notice or other document to be given shall be deemed to be properly given if left or sent by pre paid post to the last known address of a party and if so posted shall be deemed to be given on the day following posting.
B) The laws of New South Wales govern these Terms and Conditions and the parties irrevocably submit to the jurisdiction of the Courts of New South Wales.