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1. GOVERNING TERMS AND CONDITIONS.
These terms apply to the sale of Equipment by AA INTERNATIONAL TRADING PTY LTD and AUSTRALIAN FOOD EQUIPMENT ABN 53 101 496 664 (“AAIT” & “AFE”) to the purchaser (the Purchaser). These terms prevail over any terms in all other documents and represent the entire agreement between AAIT/AFE, and the Purchaser. When the Purchaser places a request for Equipment with AAIT/AFE, accepts delivery of Equipment, makes any payment or complies with these terms, the Purchaser is taken to have accepted them.
2. CONSUMER RIGHTS.
Nothing in these Conditions must be read or applied so as to exclude, restrict or modify any condition, warranty, guarantee, right, remedy or consumer guarantee implied by law (including the Australian Consumer Law) which by law cannot be excluded, restricted or modified.
3. TERMS OF DELIVERY.
Any delivery time AAIT/AFE gives to the Purchaser is only an estimate. AAIT/AFE is not liable to the Purchaser for any loss or damage (including without limitation and consequential loss, economic loss and loss of profits) the Purchaser suffers or incurs as a result of late delivery by AAIT/AFE. The Purchaser must still accept the Equipment even if AAIT/AFE delivers late. The Purchaser must pay for its own electrical and plumbing connections, freights accommodation and the cost of any necessary alterations to its premises. (a) The delivery that is quoted from AAIT/AFE web shop is based on the delivery being conducted between 8:30am to 5pm Monday to Friday on business days. (b) The location for the delivery must be on a flat and even surface. All deliveries will be to a kerb side or a loading dock, any other forms of delivery will incur additional charges. (c) The responsibility to confirm point 2(b) is on the Purchaser. If a delivery truck has to be turned around due to 2(b) the Purchaser shall be responsible for all and any additional costs for both the delivery and or any modifications to the premises to make the delivery possible. (d) The Purchaser must accept delivery of the Equipment within a reasonable period from the date payment is made and such reasonable period shall have a maximum of 3 months after the Equipment is ready for delivery. (e) The Purchaser must advise AAIT/AFE of any damage to the goods, due to delivery or any other cause, within 24 hours of delivery via Email (australiafoodequipment@outlook.com/australiafoodequipment@gmail.com) (f) Warehouse stock may vary between states and may not be in stock at all times, some warehouses may not stock certain ranges. (g) A delivery that is turned back and arranged for another day will incur the cost of the delivery again.
4. WARRANTIES.
Except as provided under the Guarantee of Performance in Clause 6 and to the extent permitted by law, the Equipment is accepted on commercial terms and no action shall be maintained or is maintainable in respect of any damage alleged to have been sustained by the Purchaser by reason of any defect in the Equipment or its installation other than that expressly defined in the Australian Consumer Law. AAIT/AFE shall not under any circumstances be liable for any loss or damage (including without limitation any consequential loss, economic loss and loss of profits) upon breach of any express or implied performance and the Purchaser’s remedies are specifically limited to those appearing under the Guarantee of Performance in Clause 6. Nothing in these clauses will exclude, modify or restrict the implied warranties set out in law and in the Australian Consumer Law.
5. VARIANCES.
The prices stated on the web-site are current prices and subject to change without notice. A purchase agreement may be cancelled by AAIT/AFE at any time before delivery. The presentation of Equipment on the website is not to be construed as an offer to sell and no contractual relationship shall arise there from until AAIT/AFE accepts the Purchaser’s request even though excommunicated to the Purchaser. Surcharges may apply on some brands. Additional freight charges may also apply to certain delivery locations.
6. GUARANTEE OF PERFORMANCE.
Upon acceptance of this offer AAIT/AFE will be deemed to have guaranteed for a period of {as shown on the invoice} from the date hereof at AAIT/AFE’s option to replace or repair at CF&FSA’s address at which the Equipment is usually warehoused by AAIT/AFE’s suppliers any part or parts of the Equipment which shall be proved to AAIT/AFE satisfaction to have been faulty or defective either in material or workmanship or are required to be covered under the Australian Consumer Law. PROVIDED THAT the Purchaser shall not be entitled to any such repair, replacement and/or service which AAIT/AFE in its absolute discretion shall determine became necessary due to fair wear and tear only nor to any repair, replacement or service which AAIT/AFE in its absolute discretion determines to have been rendered necessary through any negligence or want of care in the control or use by the Purchaser of the said Equipment or any part thereof and provided further that the above guarantee of performance and/or service shall cease to have any effect in the event of the Equipment being improperly repaired or any other part thereof being replaced by a non-genuine parts or being mal-adjusted by any person other than AAIT/AFE or the Manufacturer’s authorized representatives. The Purchaser agrees that the Equipment will be used only for the purpose for which it is ordinarily supplied. The Purchaser further agrees that AAIT/AFE shall not be liable, to the extent permitted by law, for any loss (including without limitation any consequential loss, economic loss and loss of profits) arising from use of the Equipment which is not authorized by AAIT/AFE. AAIT/AFE’s liability by reason of the Equipment or any part thereof being faulty or defective at any time or on any other account whatsoever shall be limited to (at AAIT/AFE’s option) the repair, replacement and/or service hereinbefore provided and shall not include liability for any loss sustained by the Purchaser by reason of any fault or defect except where such liability cannot be excluded by law. The Purchaser agrees to pay AAIT/AFE, in addition to the cost of any part or parts so replaced and compensation for the loss of time occupied by AAIT/AFE’s representatives in travelling to and from AAIT/AFE said address to the place where the Equipment is so inspected and/or repaired, the reasonable travelling and accommodation expenses incurred by AAIT/AFE’s servants or agents in and about the journey so undertaken at the Purchaser’s request. PROVIDED HOWEVER THAT in the event of AAIT/AFE deciding that all such repairs and/or replacements fall within the terms of this Guarantee of Performance or remedies required under the Australian Consumer Law and service hereinbefore contained then and in any such event such repair and/or replacements shall be effected free or charges to the Purchaser absolutely.
7. INDEMNITY.
The Purchaser indemnifies AAIT/AFE for all liabilities, losses, damages, costs or expenses (including without limitation any consequential loss, economic loss and loss of profits) directly or indirectly suffered or incurred by AAIT/AFE or contributed to by any of the following: (a) compliance by AAIT/AFE with any instruction from the Purchases regarding the Equipment; (b) loss, including any product liability claims, arising from any use of the Equipment which is not authorized by AAIT/AFE; (c) failure by the Purchaser to: (i) adequately provided or display safety information on or relating to the Equipment (ii) comply with the laws relating to the use, sale, marketing, labeling or marking of Equipment; (iii) take any reasonable precaution to bring to the attention of any potential users of the Equipment any dangers associated with the Equipment; (iv) detect and bring to CAAIT/AFE’s attention matters for which AAIT/AFE may become liable whether for negligence, under any part of the Australian Consumer Law or otherwise; (d) any statement that the Purchaser makes about the Equipment without AAIT/AFE’s written approval;(e) negligent use of Equipment by the Purchaser or a third party; negligence or breach of this document by the Purchaser; and any negligent or faulty repair or replacement of the Equipment or parts of the Equipment which is conducted by any person other than AAIT/AFEA or the manufacturer’s authorized representative.
8. PAYMENT. All Equipment and services must be paid for in full before they are shipped from a AAIT/AFE supplier warehouse or provided without prior agreement in writing between the purchaser and AAIT/AFE. (a) the Purchaser acknowledges and agrees that payments made by PayPal will incur a surcharge, which will be displayed (including GST) at the checkout before completing the transaction (the purchaser will have the option to pay via EFT with no surcharge), should AAIT/AFE choose to charge it to the customer invoice for accepting these payment methods. (b) EFT payments direct to AAIT/AFE bank account will not incur a surcharge. (c) Online purchases that payment is via a credit card (Visa, MasterCard & Amex) will not incur a surcharge.
9. DEFAULT.
In the event that the Purchaser defaults in any payment due to AAIT/AFE and such default continues for a period of seven (7) days after notice is issued by AAIT/AFE to the Purchaser in writing requiring the Purchaser to rectify such default, AAIT/AFE may in its sole discretion, and without prejudice to any other right or remedies available to it, suspend delivery of goods hereunder and, where it still retains title to the Equipment hereunder, retake possession of them. Should the Purchaser countermand this request or neglect or refuse to accept delivery of the Equipment, the Purchaser AGREES to forfeit all monies already paid hereunder, not as a penalty but as a genuine pre-estimate of the damages sustained by AAIT/AFE in the procurement or manufacture of the Equipment. Should the Purchaser countermand this request or neglect to accept delivery prior to payment of any monies to AAIT/AFE, the Purchaser AGREES to pay AAIT/AFE an amount of 20% of the total purchase price specified in such agreement. Should the Purchaser change their mind on a product after accepting delivery and the product has not been used or unwrapped or damaged then SUBJECT TO acceptance by AAIT/AFE’s suppliers that the unit can be returned to them the Purchaser acknowledges and agrees to pay all surcharges and return costs incurred by AAIT/AFE including shipping, handling, freight, administrative, processing and restocking fees and such amount will be deducted from any amount already paid PROVIDED THAT the Purchaser has requested a return within 48 hours of receiving the goods in writing or confirmed delivery email HOWEVER an amount of 25% of the total Equipment price plus freight and shipping as specified in such agreement plus administrative and processing fees will be the maximum amount incurred. PROVIDED THAT AAIT/AFE will not accept the return of non-standard Equipment or Equipment designed to Purchasers specifications.
10. GST.
Unless stated otherwise, the prices quoted are GST exclusive. In addition to the price for the Equipment payable by the Purchaser, the Purchaser must pay AAIT/AFE an amount equal to any GST that AAIT/AFE are liable for on any supply by AAIT/AFE under this document. The Purchaser must pay amounts for GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Purchaser pay the price (or the first part of it if the parties agree payment by installments).
11. TITLE TO EQUIPMENT/PRODUCTS.
AAIT/AFE remains the sole and absolute owner of the Equipment and products until the whole of the purchase price and transport and other charges have been paid in full. Equipment will not leave a AAIT/AFE supplier’s warehouse until payment is made for the Equipment and the expected delivery charges and funds are cleared. Subject to full payment being received, when the purchased Equipment leaves a AAIT/AFE supplier’s warehouse the Equipment are deemed to be the Purchaser’s Equipment and always at the Purchaser’s risk. AAIT/AFE will endeavour to deliver the item or items to the customer’s premises as per the details supplied by the customer. The delivery charged is based on information provided as part of the purchase process and the Purchaser must pay AAIT/AFE any unforeseen delivery, unloading and reloading costs and expenses that are reasonably incurred in the delivery of the Equipment. If AAIT/AFE has not been paid the full amount owing in respect to AAIT/AFE Equipment within seven (7) days of being incurred, its right of possession to reclaim its Equipment and products will commence when: the time of payment expires.
13. PROMOTIONAL MATERIAL.
Photographs, drawings, illustrations, specifications and any other particulars accompanying or associated with either a web-site listing or any catalogue, price list or advertising material provided by AAIT/AFE represent generally the Equipment described therein but do not form part of the agreement and AAIT/AFE accepts no responsibility as to the accuracy thereof nor will AAIT/AFE be liable for any consequential loss or damage caused by such misinformation or otherwise and the Purchaser must inform themselves of the suitability of the Equipment for their purpose.
14. SUBSTITUTION.
Unless agreed to the contrary in writing, AAIT/AFE reserves the right to supply Equipment and services with the same properties and capacities as the Equipment in substitution for the Equipment.
15. WAIVER.
No provision hereof and no breach of any provision shall be deemed waived by reason of any previous waiver of any breach hereof.
16. GOVERNING LAW.
These terms and conditions are governed by the law in force in the state of Victoria. AAIT/AFE and the Purchaser both submit to the non- exclusive jurisdiction of the courts of Victoria and any courts which may hear appeals from those courts.