NET PAYMENT APPLICATION T&C's

INVOICE CONDITIONS BARISTA EQUIP AUSTRALIA

TERMS

  1. Prepaid; the total amount of the invoice must be paid in full before it is dispatched:
  2. Failure to comply with terms of payment will constitute a breach of contract and Barista Equip Australia may treat the whole contract repudiated and act accordingly.
  3. Barista Equip Australia may refuse without prejudice to any other rights it may have to supply or deliver further products to the Customer pursuant to a quotation or otherwise until such time as the Customer has remedied any default under this Clause.

TERMS AND CONDITIONS OF APPLICATION FOR CREDIT ACCOUNT

  1. The Applicant hereby applies to Barista Equip Australia for a credit account.
  2. Should this application be accepted by Barista Equip Australia, the Applicant agrees that the credit account shall be subject to the Terms and Conditions of this application and the usual Terms of Trade,a copy of which is contained herein.

For the purpose of this application I/We acknowledge and agree: 

  1. Barista Equip Australia may seek consumer credit information Section 18K(1)(b) and (h), Privacy Act 1988 and trade references Section 18N (1) (b), Privacy Act 1988. If Barista Equip Australia considers it relevant to assessing My/Our credit application for commercial credit I/We agree to Barista Equip Australia obtaining from a credit reporting agency a credit report containing personal credit information about Me/Us in relation to commercial credit provided by Barista Equip Australia.
  2. Barista Equip Australia may use information gained to:
    1. Assess this application
    2. assess out credit worthiness
    3.  notify credit providers of a default by Me/Us
    4. exchange information with other credit providers as to the status of the account when default has been made.


Barista Equip Australia may give to and seek from credit providers named in this credit application information about My/Our credit arrangements. I/We understand that this information can include any information about My/Our credit worthiness, credit standing, credit history or credit capacity which credit providers are allowed to give or receive from each other under the Privacy Act.

  1. The agreement shall continue to have effect for the duration of any credit transactions should My/Our application be approved.
  2. The Terms of Trade as detailed on Page 4 “Invoice Conditions” shall apply to each and every transaction.
  3. Any changes in business/corporate structure shall be advised within seven (7) days of such change. Any other changes such as address,etc should be advised promptly.
  4. The Guarantees of all Partners/Directors(where applicable) as attached shall form part of this application.


I/We understand and agree to abide by Barista Equip Australia Terms of Trade (7 Days Net) which state that invoices in any one fortnight are due and payable BEFORE the end of the fortnight following the date of the invoice.

I/We further undertake to advise Barista Equip Australia of any changes to our Trading Name or other relevant matters on the

application and that all information supplied is true and correct. 

The Applicant shall notify Barista Equip Australia of the sale of the business operated by the Applicant and agrees that it shall continue to be liable to Barista Equip Australia for any sums outstanding on the account opened on behalf of the Applicant until:

  1. A written notice is received from the Applicant that it has changed the constitution or structure or the sale of the business.
  2. The account has been closed and full payment has been received.

All transactions with Barista Equip Australia will be on the Terms and Conditions set out in the Terms and Conditions of “Invoice Conditions” a copy of which is attached.


PRICE

  1. All prices quoted are ex-warehouse – delivery, freight, insurance, etc are extra
  2. All prices quoted are current at the date of quotation but are subject to change without notice. 
  3. All prices quoted are subject to GST (where applicable) to be paid by the Customer unless appropriate certification is supplied to Barista Equip Australia by the Customer prior to invoicing of goods.


DELIVERY

  1. Any times or dates quoted for despatch or delivery, following our acceptance of your order are based on receipt by us of full and final instructions enabling us to proceed uninterruptedly with the work. Barista Equip Australia cannot accept responsibility for any delays due to causes outside its control and while delivery time is estimated as accurately as possible, it cannot be guaranteed nor is any such estimation of essence to be a condition of the contract.
  2. No responsibility for loss,damage or delay from any cause outside the Companyʼs control is accepted by Barista Equip Australia and the Customer is not entitled to any compensation of any nature for such loss,damage or delay.
  3. All goods are at the Customerʼs risk during transit and Barista Equip Australia liability for the goods ceases delivery to any authorised third party carriers, agents or representatives of the Customer. 
  4. Visible damage to goods must be reported to Barista Equip Australia within twenty four (24) hours of receipt of the goods.


RETURN OF GOODS

Credits may be allowed at Barista Equip Australia discretion only upon the following conditions:

  1. Credit will not be considered unless goods are returned in good condition and the freight prepaid.
  2. The original invoice number and date must be quoted.
  3. A full credit may be available only if as well as the above conditions being met, the goods are returned to our office within seven (7)days of the date of supply.
  4. Barista Equip Australia reserves the right to deduct a restocking fee from any credit.


TITLE TO GOODS

As long as the Customer owes Barista Equip Australia any part of the price of the goods supplied at any time, the Company shall retain the legal title in all goods supplied and not yet used or resold. When such goods are used, even with loss of identity the legal title to resultant product shall vest in the proceeds to be kept in a separate account or to be accounted for to the Company on demand or as set out above in Clause 1(a). If goods are in the possession of a Customer to which the title has not yet passed, the Customer is under obligation to retain them in a good and merchantable condition until either paid for or collected and to allow Barista Equip Australia and/or its servants or agents on to the premises where they are stored for the purpose of collecting the goods.


WARRANTY

Barista Equip Australia warrants that goods manufactured or produced by/for it are free from defects. Barista Equip Australia shall use its best endeavours, whenever possible, to pass to the Customer the benefit of warranties given by the supplier or manufacturer of goods not manufactured or produced by Barista Equip Australia.


LIMIT OF LIABILITY

  1. Any stipulations, terms or conditions contained in the Customerʼs order form which conflict with any of the Terms and Conditions hereof, are not accepted by Barista Equip Australia and will be deemed to be inapplicable to any order placed with Barista Equip Australia unless agreed upon in writing by Barista Equip Australia products.
  2. Subject to any conditions or warranties mandatorily implied by Law and to any conditions and warranties contained herein, all conditions, warranties and representations on the part of Barista Equip Australia whether express or implied, are hereby expressly negatived and excluded.
  3. Barista Equip Australia shall be under no liability to a Customer for any loss to any person or property or for death or injury caused by an act or omission (including negligent acts or omissions) of Barista Equip Australia, its servants or agents.
  4. Subject to the qualifications contained in Section 68(A) of the Trade Practices Act 1974,should Barista Equip Australia be liable for breach of a condition or warranty, mandatory implied by Law, its liability for such breach shall be limited to one of the following as determined by Barista Equip Australia in the case of supply of goods namely,
    1. the replacement of the goods;
    2. the supply of equivalent goods;
    3. the repair of the good
    4. the payment of the cost of replacing the goods acquiring equivalent good
    5. the payment of the cost of having the goods repaired

In the case of supply of services its liability shall be limited to Barista Equip Australia (at its option) either:

  1. supply of the service again; or
  2. payment to the Customer of the cost of resupplying the services.


Except as hereinbefore stated Barista Equip Australia liability in respect of all claims under this contract shall be limited to the value of the portion or item of the goods or services which is not in accordance with this contract. Barista Equip Australia may

completely discharge its liability to the Customer by replacing such portion or item, and shall not be liable for any consequential loss.

  1. Subject to any legislation or express agreement to the contrary, the Customer acknowledges that it does not rely on the skill and judgement of Barista Equip Australia, its servants or agents in determining whether the goods to be supplied are fit for any particular purpose and the Customer further acknowledges that any advice furnished by Barista Equip Australia with respect to the use of the goods is given on the basis that the Company assumes no obligation of liability for advice given or results obtained, all such advice being given and accepted by the Customer at the Customerʼs risk.
  2. The Customer has responsibility for ensuring that the goods are not used for any purpose for which they are not suitable.
  3. Under no circumstances shall Barista Equip Australia be liable for any direct or indirect loss (including loss of profit) or damage whether special or consequential however arising except for:
    1. Any loss or damage suffered by the Customer as a direct result of a failure by Barista Equip Australia to perform such contract; or
    2. The actual cost incurred by the Customer as a direct result of a failure by Barista Equip Australia to perform such a contract.
    3. No claim or action shall be maintainable against Barista Equip Australia unless it shall first have been notified in writing and furnished with full supporting documentary evidence in relation to the quantum of such claim.

ACCEPTANCE

Accepting delivery of goods detailed in this invoice is acceptance by the Customer of the above conditions of sale and those contained in the Customerʼscredit application.


LAWS

All contracts made hereunder are deemed to be made in Queensland and except to the extent that the Laws of the Commonwealth of Australia apply, the interpretation thereof and all disputes arising therefrom or connected therewith shall be governed in all respects by the Laws of the State of Queensland and all such disputes shall be referred to a Court of competent jurisdiction in the said State unless the parties agree otherwise in writing.