WATSONS CATERING EQUIPMENT PTY. LIMITED (ABN 66 006 863 618)
Sales Terms and Conditions January 2005 (replaces July 2003 issue)
1 Definitions: In the following terms and conditions “the Company” shall mean Watsons Catering Equipment Pty. Ltd. (ACN 006 863 618) and where the context requires shall include its employees, contractors and agents. “Customer” shall mean and include any person offering to contract with the Company on these terms and conditions and “Quotation” shall mean the quotation and specifications appearing overleaf. “Price List” shall be the Company’s quoted prices from time to time as printed. “Order” shall be the order form as used from time to time by the Company.
2 Quotations: The quotation shall not be construed or operate as an offer or obligation to perform but shall be an invitation to treat only. It is acknowledged by both the Customer and the Company that the acceptance by the Customer of the Quotation constitutes a binding Contract to the extent permitted by law between two parties, the terms of which are fully contained in the Quotation and/or Order and these conditions and the said contract contains no other terms or conditions or warranties either express or implied.
3 Orders: Placing an order constitutes complete acceptance of the terms and conditions and constitutes a binding Contract to the extent permitted by law between two parties, the terms of which are fully contained in the Order and/or Quotation and these Sales Terms and Conditions and the said contract contains no other terms or conditions or warranties either express or implied.
4 Order quantities: Minimum and standard packed quantity per item as where specified on price list.
5 Access: The Customer shall permit access to all areas of the property deemed necessary by the Company and if access is impeded, the Company shall be entitled to make an additional charge.
6 Payment: Payment terms are established at time of ordering and/or quoting. Any deferment of payment by the Customer must have been previously agreed with the Company. Any late payment of an amount due will attract a penalty payment, in the amount of 1.5% per annum of the amount due, calculated from the date payment was due until the date paid. The customer acknowledges that the property in the goods shall not pass to the Customer until the Customer has paid all money due for the goods, and in the event of the Customer defaulting in the due observance and performance of these terms and conditions, all money paid by the Customer by way of deposit shall be absolutely forfeited to the Company. Copies of Invoices requested by the Customer shall be charged at $5.00 plus GST per invoice.
7 Packing: Orders are filled on the basis of standard packed quantities only. Placing orders implies granting the Company the right to round quantities up or down in accordance to their standard packed quantities.
8 Prices: Prices as shown in the price list are recommended retail prices only. All prices in the Price List DO NOT include GST. Prices are subject to variations at any time without notice. Prices are shown are in Australian Dollars.
9 Delivery: Delivery times quoted are subject to change due to unforseen events beyond the Company’s control, as such, quoted delivery times are an indication only. Delay and interruptions in manufacture due to circumstances beyond the Company’s control exempts the Company from complying with the delivery times quoted. In this event the Customer is not entitled to any compensation for loss of any sort. Delivery of goods must be accepted by the customer and in no circumstances can delivered goods be left unclaimed. Deliveries are only to kerb-side, ground floor level or loading dock. In the event of the goods requiring hoisting such arrangements must be made by the Customer and costs thereof paid for by the Customer and all such arrangements notified to the Company in writing.
10 Shipment times: As stated on order acknowledgment. In the event that such times are not stated and in the absence of a written agreement, terms are intended as EXWORKS.
11 Damage to goods: Responsibility for damages arising from misuse of goods supplied will not be accepted. Under no circumstances will the Company accept liability for any consequential loss however caused. Return of goods will not be accepted unless prior approval of the Company is given.
12 Drawings and specifications: are intended as a guide only. The Company reserve the right to alter technical characteristics and specification or discontinue production of any items without prior notice. See catalogues for detailed technical information
13 Warranty: If any condition or warranty is implied in this contract pursuant to any provision of Part V of the Trade Practises Act 1974 (as amended) or such similar provision of the Fair Trading Act 1905 and the breach of the conditions or warranty (apart from any conditions or warranty implied to any one of the following as determined by the company in its absolute discretion) shall be:
(a) In the case of goods, within 12 months of delivery anyone or more of the following:
(i) the replacement of goods or the supply of similar goods
(ii) the repair of goods
(b) In the case of labour, within 3 months of the work being carried out, any one or more of the following:
(i) the supply of the labour again (within normal Monday to Friday working hours)
(ii) the cost of having the labour supplied again (within normal Monday to Friday working hours)
(c) Glass and or light globes are not covered by warranty.
14 Cancellation: Cancellation of an order will incur a fee of 20% of the total purchase price. Cancellation of Goods made specifically to purchasers requirements will require full payment of the cancelled item.
15 Goods returned: No goods shall be returned without the written permission of the Company. Returned goods will incur a 20% fee and the company will charge a reasonable fee for work done on behalf of the Customer in processing the order and the cancellation. Freight for returned goods will be paid for by the customer and not the Company.
16 Building Works: The Company shall not be responsible for any plumbing, electrical, painting, tiling, flooring, joinery works, making good or other building works unless specifically agreed between the parties and such agreement is in writing.
17 Cleaning of equipment: Cleaning of equipment including removal of protective covers is not the responsibility of the Company unless specifically agreed to by the parties and such agreement is in writing.
18 Variations: No variations shall be allowed to this contract unless agreed to by both parties and such agreement must be in writing.
19 Operating Equipment: All equipment is sold on the recommendation to follow Manufacturer’s operating instructions and equipment should be operated by trained employees.
20 Law of contract:
(a) The contract constitutes the entire contract between the Company and the Customer with respect to the subject matters hereof and supersedes and extinguishes all prior Contracts and understanding with respect to the matters covered hereby and warranties or representations previously given.
(b) This contract shall be governed by and construed in accordance with the laws of the State of Victoria and each party hereby submits to the jurisdiction of the Victorian Courts.
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(c) Throughout this contract unless the context otherwise requires:
(i) headings are included for convenience and do not affect the interpretation of this Contact.
(ii) where the Customer compromises two or more persons this Contract bins those persons jointly and each of them severally.
(iii) whenever the singular number is used the plural number is included and vice versa
(iv) the word “person” mean a natural person and any body or entity whether incorporated or unincorporated.
(v) the words “in writing” are deemed to include any communication sent by letter, telex, telegram, cablegram, facsimile, email or other electronic means of communication.
(d) The customer acknowledges and agrees that the Company may assign or subcontract in whole or in part the benefit of this contract or any of its rights or obligations hereunder without the consent of the Customer
(e) If any term of this Contract shall be determined by any Court having jurisdiction in relation thereto to be illegal, invalid, void or voidable the legality or validity of the remainder of this Contract shall not be affected and the illegal, invalid, void or voidable term or terms shall be deemed deleted therefrom to the extent and effects as if never incorporated herein but the remainder of the contract shall continue in full force and effect.
(f) Without prejudice to any of its other rights the Company may without liability or notice terminate the Contract or suspend further services:-
(i) if the Customer shall commit any breach of this or any other contract with the Company including failure to make any payments on the due dates.
(ii) if being an individual the Customer dies or has a receiver appointed over his assets
(iii) if being a company the Customer shall call a meeting of its creditors or have a Receiver of all or any of its assets.
(iv) if the customer compounds with or negotiates for any composition with its creditors or permits a Judgement against it to remain unsatisfied for 7 days
(v) in the opinion of the Company the Customer is not capable of paying any of its payments due to the Company
(g) This agreement is a claim for payment under the building and Construction Security of Payment Act 2002.
