In these Conditions -
‘Buyer’ means the buyer of the Goods set out on the invoice, their servants, contractors, agents and employees.
‘Goods’ means the products and services set out on invoice.
‘Price’ means the cost of the Goods.
‘Seller’ means Domenic's Bakery & Catering Equipment ABN 71 152 732 048
Nothing in these Conditions will be applied so as to exclude, restrict or modify any condition, warranty, guarantee, right or remedy implied by law which by law cannot be excluded, restricted or modified.
2. TERMS OF SALE
The Goods are sold by the Seller to the Buyer on their terms and conditions set out on our website.
3. SELLER’S QUOTE
3.1. The Seller’s quote is open for acceptance within the period stated in the quote or, where no period is stated, within 30 days after the date of the quote.
3.2. The Seller reserves the right to refuse any order based on a quote within 7 days after the receipt of the order.
3.3. The Price is subject to the Buyer’s order being for the whole quantity referred to in the quote.
The Buyer must pay the Price to the Seller on delivery unless other arrangements are made with the seller.
5. INTEREST ON OVERDUE PAYMENTS
If the Buyer has not paid for the Goods on the due date, without prejudice to any other right or remedy, the Seller may charge the Buyer interest on all outstanding money at the rate of 2% per calendar month calculated from the date of the invoice.
6. DRAWINGS, ETC.
The descriptions, illustrations and performances contained in catalogues and price lists do not form part of the contract of sale of the Goods.
7. PASSING OF TITLE
7.1 Until all money owed by the Buyer to the Seller is paid in full, the Seller reserves the right to:
7.1.1. legal and equitable ownership of the Goods;
7.1.2. and enter the Buyer’s premises (or the premises of any associated company or agent where the Goods are located) without liability for trespass or any damage and retake possession of the Goods;
7.1.3. and keep and resell any Goods repossessed in accordance with Clause 8 of these Conditions.
7.2. Notwithstanding the provisions of Clause 7.1. the Seller will be entitled to maintain an action against the Buyer for the Price and the risk of the Goods will pass to the Buyer on delivery.
8. REPOSSESSION OF GOODS
8.1. The Buyer’s right to possession of Goods will cease if:
8.1.1. the Buyer, not being a company, commits an act of bankruptcy; or
8.1.2. the Buyer is a company, a Receiver or Manager becomes entitled to take possession of any assets of the Buyer or any proceedings are instituted for the winding up of the Buyer.
8.2. On the happening of an event set out in Clause 8.1, the Seller will be entitled to repossess the Goods and for this purpose the Seller must be able to enter onto any premises where the Seller reasonably believes the Goods to be.
9. BUYER’S PROPERTY
Any property of the Buyer under the Seller’s custody or control must be entirely at the Buyer’s risk as regards to loss or damage caused to the property or by it.
10. RETURNED GOODS
10.1. The Seller is not under any obligation to accept Goods returned by the Buyer and will do so only on terms to be agreed in writing in each individual case.
10.2. The Seller will not accept any Goods if returned after 14 days from the date of delivery.
10.3. Non-standard items made to order are not returnable
10.4. Standard products returned for credit will be subject to a 15% re-stocking fee.
No Order may be cancelled except with consent in writing and on terms which will indemnify the Seller against all losses.
12.1. The law implies terms, conditions and warranties (’Prescribed Terms’) into contracts for the supply of goods and services and prohibits the exclusion, restriction or modification of certain Prescribed Terms.
12.2. Except as provided by Prescribed Terms:
12.2.1. the liability of the Seller in respect of a breach of a Prescribed Term relating to the Goods as limited to the:
(b) repair of; or
(c) payment to the Buyer of the cost of repairing or replacing, the Goods during any warranty period (Buyer must provide proof of purchase by delivery docket or invoice): and
12.2.2. the Seller will not be liable to the Buyer for claims or damages for any loss or damage of any kind, caused directly or indirectly by:
(a) any defect in material or workmanship of;
(b) or any other defect in; or
(c) unsuitability for any purpose,
of the Goods, or by default or negligence on the part of the Seller relating to the supply, delivery of, or otherwise concerning the Goods.
12.2.3. All warranties exclude travel, freight charges and damage caused by negligence or misuse.
13. EXCLUSION OF REPRESENTATIONS AND ARRANGEMENTS
These conditions exclude all prior and other discussions, representations (contractual or otherwise) and arrangements relating to the supply of the Goods, including, but not limited to, those relating the performance of the Goods or the results that ought to be expected from using the Goods.
The total liability of the Seller for loss or damage of every kind in relation to the Goods is limited to the Price.
The failure of any party to enforce any of these Conditions or to exercise any right set out in these Conditions will not be a waiver of those Conditions or rights and will not affect the enforcement of these Conditions.
These Conditions, unless varied in writing signed by the Seller, prevail over all conditions of the Buyer’s order to the extent of any inconsistency.