Interpretation
1. Unless otherwise inconsistent with the context the word “person” shall include
a. “goods” shall include services
b. Words incorporating the singular number shall be deemed to include the plural and vice versa. Words importing the male gender shall be deemed to include the female and neuter gender and vice versa.
2. The Customer agrees to be bound by the to these Trading Terms and Conditions. Signing these terms and conditions will signify the acceptance of these Trading Terms and Conditions.
3. These terms and conditions shall be deemed to be incorporated into any agreement between the Supplier and the Customer. Any terms and conditions contained in any order, offer, acceptance or other documents of the Customer and all representations, statements, terms and conditions and warranties (whether implied by statute or otherwise) not embodied herein are expressly excluded to the fullest extent permitted by law.
Price Subject to Increase
4. The Customer acknowledges and accepts that the goods supplied include groceries and perishables sourced nationally and internationally from third party suppliers and are subject to price increases, including increases from seasonal factors,
5. The amount payable by the Customer will be the amount set out in the invoice. This will be calculated as the Supplier’s usual charges for the goods or services as described in the Invoice.
6. The Customers acknowledges and accepts that the price paid by the Customer will be the price shown on the invoice from the Supplier to the Customer.
Delivery
7. Unless otherwise agreed in writing, all orders are subject to acceptance by the Supplier.
8. Any date quoted for the delivery is an estimate only and the Supplier shall not be liable to the Customer for any loss or damage howsoever even if out of
9. The Customer shall accept and pay for the goods if and when tendered notwithstanding any failure by the Supplier to deliver by the quoted date or any shortage supply. Written advice to the Customer that goods are ready to deliver in whole or in part shall constitute tendering and the terms of payment shall apply.
10. The Supplier shall not be liable to any Customer or any other party for any direct or indirect or consequential injury loss or damage whatsoever by reason of any delay in delivery whether the same is due to the negligence of the Supplier or any other party, strike or any other industrial action be it if the Supplier or other parties, or any other cause whatsoever.
11. The Supplier reserves the right to deliver by installments, if delivery is made by installments the Customer shall not be entitled;
a. terminate or cancel the contract
b. to claim any loss or damage howsoever arising for failure by the Supplier to deliver any installments on or before the quoted date.
12. It is agreed that the Supplier shall not be responsible for the delay in delivery caused by or in any way incidental to act of God, war, fire, breakages of machinery or strikes or arising out of any other unexpected or exceptional cause, or any cause beyond the Supplier reasonable control to otherwise.
Minimum Order and Delivery Cost
13. The minimum order in order to be eligible for free delivery from our warehouse in Lakemba NSW 2195 is:
a. $200 for free delivery within a 15km radius;
b. $300 for free delivery from 15km to
c. Any orders outside this radius within the state of New South Wales (NSW) will be charged at the expense of the customer.
14. Normal Delivery charges apply to orders under $200 and $300 respectively.
15. Interstate or air freight orders will be charged at the expense of the Customer.
Payment Terms
16. For the first four (4) invoices, payment is to be made in full by either cash or bank transfer on the delivery date.
17. After this (unless otherwise agreed in writing) payment terms are to be net cash or bank transfer 7 days from the delivery date of the goods to the Customer and does not exceed $3,000. This term as to the payment shall be the essence of the contract.
18. Any provision of credit in excess of $3,000 will be at the sole discretion of the Supplier. This may include (but not limited to):
a. ceasing to provide any goods on credit. Any future goods requested by the customer will have to be paid up front prior to any goods being delivered;
b. Completely ceasing the provide any goods to the customer until their account is paid in full;
19. Credit Card payments incur a 5% surcharge of total payment.
20. The Customer is liable to reimburse the Supplier in respect of any chargeback incurred by the Supplier on any credit card payment.
21. The Customer shall pay to the supplier interest at a rate of 10 percent per annum compounding on daily balances in respect of any amounts as may from time to time be overdue until paid and such money together with all interest shall be recoverable forthwith from the Customer.
Risk
22. The risk in the goods shall pass to the Customer at the time when the goods have been placed on the delivery vehicle, which is effect delivery from the Supplier store or warehouse. The goods shall remain at the Customer’s risk at all times.
23. Signed delivery dockets by any person are conclusive evidence that the items on the delivery docket have been received.
Claims
24. The Supplier shall not be liable for any defect, loss or damage whatsoever and howsoever arising whether direct, indirect or consequential or in respect of any claim whenever and however made for any loss or damage, deterioration, deficiency, or other fault or harm in the goods delivered, work executed or services provided by or on behalf of or in any arrangement with the Supplier or occasioned to the Customer or any third or other party or to his or her property or interest and whether or not due to the negligence of the Supplier it’s servants or agents.
25. The Customer is responsible for checking the orders immediately at the time of delivery. If the Customer fails to advise the Supplier in writing of any fault, defect, shortfall or any claim in relation to the Goods or failure of Goods to accord with the Customer's order within 24 hours of delivery, the Customer is deemed to have accepted the Goods and to have accepted that the Goods are not faulty and accord with the Customer's Order. Nothing in this paragraph affects the Customer's rights for any alleged failure of a guarantee under the Australian Consumer Law.
26. Subject to clause 21 the Customer agrees accepts that delivery of the goods will constitute acceptance of the goods by the Customer and such acceptances waives any entitlement and or right of the Customer to make a claim for any loss, damage, deterioration, shortfall, state of condition or repair of the goods, howsoever arising whether direct, indirect or consequential or in respect of any claim whenever and however made for any loss or damage, deterioration, deficiency, or other fault or harm in the goods delivered, work executed or services provided by or on behalf of or in any arrangement with the Supplier or occasioned to the Customer or any third or other party or to his or her property or interest and whether or not due to the negligence of the Supplier it’s servants or agents.
27. The exemption, limitations, terms
Default
28. Upon the occurrence of
29. The Customer shall pay to the Supplier interest at a rate of ten percent per annum compounding on daily balances in respect of any amounts as may from time to time be overdue until paid and such money together with all interest shall be recoverable forthwith from the Customer.
30. Without prejudice to any other right or remedy the Customer shall indemnify the Supplier against any costs, fee, charges and disbursements charged by any solicitor engaged for the purpose of the collection or recovery of moneys due and payable by the Customer to the Supplier on an indemnity basis and any fees, charges and disbursements or commissions charged by any mercantile or debt collecting firm.
31. The Customer shall pay the Supplier an administration fee of $50.00 on the occurrence of every event of default.
GST
32. If goods and services or similar value added tax including that under the A New Tax System (Goods and Services Tax) Act 1999 and any other applicable legislation governing (GST). applies to this agreement for any reason the Customer must pay the GST or reimburse the Supplier for any GST paid or payable by the Supplier.
Change in ownership of customer
33. The Customer and the Guarantor remain liable to the Supplier for all goods Supplied notwithstanding any change in ownership of the Customer unless the Supplier agrees otherwise in writing. The Customer must notify the Supplier of any change in ownership 14 days prior to the change coming into effect. Credit facilities will not automatically be transferred to the new owner.
Guarantee
34. In consideration of Supplier supplying goods (which term include all food products) the person who signs for the Customer, if the Customer is a corporation, will be his or her execution hereof be personally and severally guaranteeing the performance of the company in accordance with our trading terms and conditions. By reason of such guarantee, you will be liable to Supplier as if you were the principal Customer and you shall not be entitled to rely upon the law of surety as a defense in any way to delay or abrogate such liability.
Additional charges
35. The Supplier may require the Customer to pay Additional Charges in respect of Costs incurred by the Supplier as a result of reliance on inadequate or incorrect information or material provided by the Customer or information or material supplied in order for it to provide the Goods or Services.
36. The imposition of Additional Charges may also occur as a result of:
a. Delivery outside the area referred to in Clause 13;
b. cancellation by the Customer of an Order where cancellation results in loss to the Supplier;
c. orders requiring urgent delivery;
d. orders for next day delivery that are placed after 5.00 pm;
e. additional work required by the Customer or any other occurrence which causes the Supplier to incur costs in respect of the Customer's Order additional to the quoted cost.
Exclusions and limitation of liability
37. The Customer expressly agrees that use of the Goods and Services is at the Customer's risk. To the full extent allowed by law, the Supplier's liability for breach of any term implied into these terms of trade by any law is excluded.
38. All information, specifications and samples provided by the Supplier in relation to the Goods or Services are approximations only and, subject to any guarantees under the Australian Consumer Law, small deviations or slight variations from them which do not substantially affect the Customer's use of the Goods or Services will not entitle the Customer to reject the Goods upon delivery, or to make any claim in respect of them.
39. The Supplier gives no warranty in relation to the Services provided or supplied. Under no circumstances is the Supplier or any of its suppliers liable or responsible in any way to the Customer or any other person for any loss, damages, costs, expenses or other claims (including consequential damages and loss of profits or loss of revenues) as a result, direct or indirect of any defect, deficiency or discrepancy in the Goods or Services. This includes their form, content, and timeliness of deliveries, failure of performance, error, omission, defect, including, without limitation, for and in relation to any of the following:
a. any Goods or Services supplied to the Customer;
b. any delay in supply of the Goods or Services; or
c. any failure to supply the Goods or Services.
Governing Law
40. This Agreement is subject to the Laws of New South Wales any dispute must be resolved in Court in New South Wales.
For a copy of a Thai Translation, please ask our Sales Team.