By visiting and ordering from our Company’s website or in store, you the customer (“Customer”) agree that, except as provided for in clause 1 below, these terms and conditions below will apply to all goods purchased online, in store or by fax, telephone or email by the Customer from the Company.

1. Applicable Terms Of Sale

   1. If the Customer has completed the Company’s Credit Application and the Company has approved the application, the purchase of goods by the Customer shall be governed by the terms and conditions attached to the Company’s Credit Application and not these terms and conditions.

2. Delivery

   1. Any time quoted for delivery is an estimate only and the Company shall not be liable to the Customer for any loss or damage howsoever arising as a result or consequence of any failure to deliver or delay in delivery arising from any circumstances of whatsoever nature.

   2. Delivery will be at the Customer’s nominated address. If the premises are unattended at time of delivery, the goods may be left outside the premises at the Customer’s risk.

3. Orders, Claims And Returns

   1. The Customer shall be deemed to have waived any claim for short, defective or wrongful delivery of the goods or for any damage to the goods of whatsoever nature which the Customer has not notified to the Company in writing within seven (7) days of delivery (time being of the essence).

   2. Goods delivered in accordance with Customer’s requirements and/or orders placed for goods will not be accepted for return or cancellation and credit unless agreed in writing by the Company. If cancellation or return of goods is accepted by the Company, a restocking fee determined at sole discretion of the Company, shall become due and payable by the Customer to the Company.

   3. The Company shall, subject to clause 3.2 above, only accept the return of goods if the goods are in the same condition as delivered to the Customer with all packaging material, brochures and instruction material in as new condition as is reasonably possible.

   4. Return of goods, if accepted by the Company, must be sent to the Company at the Customer’s cost and risk.

   5. The Company may cancel any order at any time before the goods are delivered by giving notice to the Customer and shall forthwith repay to the Customer any monies paid by the Customer in respect thereof. The Company will not be liable to the Customer for any loss or damage whatsoever arising from such cancellation.

   6. Any orders made by telephone will be processed by the Company and the Company’s records of the telephone order will prevail in the event of a discrepancy.

   7. All online, telephone, fax or email orders are treated as an express intention by the Customer to purchase the nominated goods for the prices listed on the Company’s website. The Company reserves its rights to alter the listed prices on the Company’s website if incorrect prices were caused by software faults, errors or malicious attack.

4. Quotations Of Prices

The prices quoted are:

1. Based on the Company’s estimated cost of supply at the time of the order and may be increased by the Company on notice to the Customer due to any increase in the Company’s cost of supply or delivery of the goods between the date of the order and the date or dates of delivery. The Customer shall be entitled to cancel its order within seven (7) days of receipt of written notice from the Company to the Customer of any increase in the cost of the goods being supplied pursuant to the order. Should the Customer fail to cancel the order, the Customer shall be deemed to have accepted the increase in the cost of the order;

2. Unless specified to the contrary in the order or as provided for below, are exclusive of delivery costs, cost of insurance and all taxes, imposts and duties which will be for the Customer’s account;

3. All prices are quoted in Australian Dollars and exclude GST.

1. GST

   1. All monies payable by the Customer to the Company, being the consideration for the supply of goods expressed in these terms and conditions are, unless expressly indicated to the contrary, exclusive of GST. The Customer must, in addition to all monies payable by the Customer to the Company pursuant to these terms and conditions, pay to the Company the GST imposed or payable in respect of any and all supply of goods by the Company to the Customer.

2. Losses

   1. Insofar as the law permits, the Company shall not be liable in any manner whatsoever for any injury, loss or damage or any indirect or consequential losses suffered or incurred by the Customer including in particular but not limited to any loss by reason of the supply of goods to the Customer or any delay, negligence or non delivery or any act or matter or thing done, permitted or omitted to be done by the Company or its employee, servants or agents.

   2. If the Company is required by law to replace the goods but is unable to do so, the Company may refund the money paid by the Customer for the goods.

3. Disclaimer Of Implied Warranty

   1. The Customer agrees that it has not relied upon the Company, its employees’, servants’ or agents’ skill or judgment in selecting the goods for any particular purpose and, insofar as the law permits, this sale is made without any warranty by the Company, its employees, servants or agents that the goods are suitable for any particular purpose. The Customer will be responsible for ensuring that any goods ordered by the Customer from the Company are suitable for the intended use by the Customer.

   2. It is agreed that any description of the goods contained in these terms and conditions or in any order placed by the Customer with the Company is for the sole purpose of identifying them and is not part of the basis of the sale, nor does it constitute a warranty that the goods shall conform to that description.

   3. The Company does not warrant or guarantee the accuracy, adequacy or completeness of any material on the Company’s website and expressly disclaims liability for mistakes, misleading or absent information.

   4. The Company does not warrant, guarantee or make any representations that the Company’s website will be safe from malicious activities including but not limited to viruses, hackers or denial of service attacks and does not warrant that the Company’s website will be fully accessible at all times and disclaims any loss or damages as a result of it being unavailable.

   5. To the maximum extent permitted by law, the Company disclaims liability for any damages including, without limitation, direct or indirect, special, incidental, compensatory, exemplary or consequential damages, losses or expenses, including without limitation, lost or misdirected orders, lost profits, lost goodwill or lost or stolen programs or other data, howsoever caused arising out of or in connection with any or all of the following:

      1. The use of the Company’s website, or the inability to use the Company’s website by anyone;

      2. Any failure or performance, error, omission, interruption, defect, delay in operation or transmission; or

      3. Line or system failure or the introduction of a computer virus, or other technical sabotage, even if the Company or the Company’s employees or representatives are advised of the possibility or likelihood of such damages, losses or expenses.

4. Personal Property Securities Act 2009 (“PPSA”)

   1. The capitalised terms used in clause 8 of these terms and conditions of trade, shall have the same meaning as given in the Personal Property Securities Act 2009 (“PPSA”) and this clause 8 will apply only where monies are owing by the Customer to the Company for goods supplied under these terms and conditions.

   2. The Customer acknowledges and agrees that its acceptance of the terms and conditions set out in these terms and conditions of trade, form part of the contract between the Company and the Customer for the supply of goods which constitutes a Security Agreement that covers the Collateral for the purposes of the PPSA.

   3. The Company (as Secured Party) holds a Security Interest over all of the present and after acquired goods supplied by the Company to the Customer and any Proceeds of the sale of those goods (“Collateral”).

   4. Any purchase by the Customer on credit terms from the Company and retention of title pursuant to this clause 8 of the terms and conditions of trade will constitute a Purchase Money Security Interest (“PMSI”).

   5. The PMSI granted herein will continue to apply to any goods coming into existence or proceeds of sale of goods coming into existence.

 

1. The Company will continue to hold a Security Interest in the goods in accordance with and subject to the PPSA, notwithstanding that the goods may be processed, commingled or become an accession with other goods.

2. The Company’s Security Interest will be a continuing and subsisting interest in the Collateral with priority to the fullest extent permitted by law over all registered or unregistered Security Interests.

3. The Customer will, until title in the goods pass to the Customer, keep all goods supplied by the Company free of any charge, lien or Security Interest and not otherwise deal with the goods in any way that will or may prejudice any rights of the Company under these terms and conditions of trade or the PPSA; and

4. In addition to any rights granted to the Company pursuant to these terms and conditions of trade, the Company may exercise any and all remedies afforded to it as a Secured Party under the PPSA including, without limitation, entry into any building or premises owned, occupied or used by the Customer, to search for and seize, dispose of or retain those goods in respect of which the Customer has granted a Security Interest to the Company.

5. The Customer undertakes to sign any documents and provide such information as may be reasonably required by the Company to register its Security Interest over the Collateral and to register, amend or update a Financing Statement or Financing Change Statement in relation to a Security Interest on the PPS Register and indemnifies the Company for all expenses incurred in such registration.

6. The Customer will give the Company not less than 7 days written notice of any proposed change in the Customer’s name, address, contact numbers, business practice or such other change in the Customer’s details registered on the PPS Register to enable the Company to register a Financing Change Statement if required.

7. Insofar as the law permits, the Company and the Customer agree that:

   1. Sections 96, 125 and 132(3)(d) and 132(4) of the PPSA do not apply to the Security Agreement created under these terms and conditions of trade; and

   2. The Customer hereby waives its rights to receive notices under sections 95, 118, 121(4), 130, 132(3) and 132(4) of the PPSA and its rights as a Grantor and/or a Debtor under sections 142 and 143 of the PPSA and further waives its rights to receive a verification statement in accordance section 157 of the PPSA.

8. The Customer shall unconditionally ratify any action taken by the Company under this clause 8 which will survive the termination of these terms and conditions of trade to the extent permitted by law.

1. General

   1. No waiver or alteration of these terms and conditions shall be binding upon the Company unless a duly authorised officer of the Company consents in writing.

   2. Notices to the Customer or Company shall be sufficiently delivered if mailed in the ordinary course of post or delivered by hand to the last known address or sent by email to the last known email address and shall be deemed to have been delivered by mail two (2) days after mailing or emailed upon confirmation of the email transmission.

   3. All sales are deemed to be made in the State or Territory in which the goods are delivered and shall be governed and construed according to the laws of that State or Territory.

   4. If any provision or part of these terms and conditions shall be invalid or unenforceable, the invalidity or unenforceability of the remainder shall not be affected provided the fundamental purpose of these terms and conditions are not thereby substantially altered.

   5. Failure by the Company to insist upon strict performance of any of these terms and conditions shall not be deemed a waiver thereof or of any rights that the Company may have.

   6. The Company reserves its rights to change these terms and conditions and the listed prices of goods by posting the amended terms and conditions and amended listed prices on the Company’s website which amended terms and conditions and amended listed prices shall automatically apply immediately after being posted on the Company’s website. Any other amendments of these terms and conditions or the listed prices shall not bind the Company unless requested by the Customer and agreed by the Company in writing.

   7. Materials on the Company’s website may only be copied for personal use. Customers may not use materials on the Company’s website for commercial purposes without the prior written consent of the Company.

 

 

 

1. Definitions

   1. In these terms and conditions of trade, unless the context otherwise indicates:

“Company” means B&M Clements Pty Ltd T/A Coffee Fix the Catering place Abn 26381580180  together with its related parties, successors and assigns;

“Customer” means a party who requests the supply of goods from the Company pursuant to these terms and conditions;

“GST” means any form of goods and services tax payable under GST Law;

“GST Law” means A New Tax System (Goods and Services Tax) Act 1999.