Terms & Conditions
The Buyer agrees that these terms and conditions apply to the supply and/or delivery of any goods by Grande Food Service (Seller) to the Buyer (Supply of Goods).
The Buyer must pay every tax invoice issued in connection with the Supply of Goods without deduction or set-off (including where there are disputes or claims by the Buyer), within the trading terms agreed with the Seller, or if there is no such agreement then within 7 days of receipt of the goods.
The Seller may charge the Buyer interest on any amounts owing to it by the Buyer at the rate of 10% per annum. Any payments made by the Buyer will be first applied to the payment of outstanding interest.
The Seller is entitled to assume that any employee, contractor or agent of the Buyer who places an order for the Supply of Goods has the authority and approval of the Buyer to do so.
Risk and title in any goods supplied to the Buyer passes to the Buyer on delivery to the Buyer or its contractors or agents (as the case may be).
The Seller will have no liability for the Supply of Goods where the goods are collected, loaded and/or delivered by a third party engaged by the Buyer;
Neither the Seller or the Buyer will have any liability to the other for any indirect loss, loss of profits or any consequential loss of any nature whatsoever, in relation to any claim associated or connected with the Supply of Goods, including but not limited to, as a result of a claim for breach of contract, breach of statutory duty or negligence.
Any claims (including, but not limited to, for the quality, quantity or type of goods) by the Buyer in connection with the Supply of Goods must be made to the Seller within 24 hours of the delivery of the relevant goods. The Seller will have no liability to the Buyer for any such claims in connection with those relevant goods made after that time period.
Subject to clauses 6, 7 and 8, the Seller’s liability to the Buyer for any claim or claims (individually and cumulatively) of any nature whatsoever associated or connected with the Supply of Goods, including but not limited to, as a result of a claim for breach of contract, breach of statutory duty or negligence, is limited to the price paid for those goods.
The Seller may terminate any agreement for the Supply of Goods by seven (7) days’ notice in writing to the Buyer.
If the Buyer is a “consumer” under the Australian Consumer Law, clause 12 below applies to the Supply of Goods.
The Seller’s goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, the Buyer is entitled:
a. to cancel its contract with the Seller; and
b. to a refund for the unused portion, or to compensation for its reduced value.
The Buyer is also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, the Buyer is entitled to have the failure rectified in a reasonable time. If this is not done the Buyer is entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. The Buyer is also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.
Credit terms may be offered by the Seller to the Buyer at the Seller’s discretion and on such terms as the Seller thinks fit. The Seller may withdraw these credit terms at any time by notice in writing to the Buyer.
Without limiting clause 13:
a. no credit terms will be offered without the provision by the Buyer of a signed personal/directors guarantee in the form attached below;
b. a credit check will be undertaken by the Seller on the Buyer and all of its associated entities and persons;
c. all credit accounts will have a 3-month probationary period; and
d. the Buyer must promptly advise the Seller if any details provided as part of its credit check application, subsequently change.
The Buyer charges all of its personal property for the benefit of the Seller, as security for its obligations under these terms and conditions and any credit terms provided to the Buyer. The Seller may at any time register this security interest granted to it on the Personal Property Securities Register.
If the Buyer is a trustee of a trust, it enters into these terms and conditions, and any credit terms, in its own right and as trustee of that trust.
If the Buyer is a company or a partnership, it must promptly notify the Seller of any changes in its directors, shareholders or partners.
In addition to any other rights it has at law, the Seller reserves the right to engage debt collectors to recover any unpaid moneys owing to it by the Buyer and to pass the costs of doing so onto the Buyer.