123 Ausfood Terms & Conditions
Acceptance of Terms
These terms: These terms apply to our sale of goods and have priority over any purchase terms issued by the buyer, except to any extent we agree otherwise in writing. The buyer’s failure to acknowledge these terms is not evidence that these terms do not apply. We may change these terms without notice to the buyer before we accept their order.
- Goods: We may change our range of goods on offer without prior notice. Goods we offer from inventory are subject to our prior sale to other buyers.
- Orders: An order we receive is subject to our acceptance, and we may decline an order in full or only in part. After we accept an order, the buyer may not cancel the order, or delay delivery, unless we agree in writing.
- Warranties: Our description of the goods accords with Australian trade usage. A description of weight means weight when loaded for shipment. Packing or packaging is to usual Australian standards. Subject to applicable laws, we do not give any other warranty or condition of our supply.
- Supply: We may supply less than a quantity agreed if for reasons beyond our reasonable control we are unable to supply the full quantity. In that case, the unit sale price of the goods remains the same but any transport costs relative to quantity will be adjusted in a fair proportion. We may supply an order by instalment, but if we fail to supply a particular instalment by a date specified, the buyer is not entitled to rescind the contract.
- Force majeure: Neither party is liable for a failure to perform the contract if performance is prevented by a circumstance not within the reasonable control of either party.
- Tax invoice: On or as soon as practicable after supplying goods, we will send the buyer a tax invoice for that transaction if requested in the shipping instructions.
- Risk of loss: Risk of loss or damage or deterioration in goods passes from us to the buyer on the goods being loaded on transport for delivery to the buyer. After risk passes, the buyer must insure the goods for full insurable value and have that insurance extend to our ownership of the goods until title passes.
- Returns: A buyer may return goods to us only with our prior written consent and at the buyer’s cost. We will credit returns only where goods are received back by us in the same condition and packaging as in the original delivery. If goods are returned due to the buyer’s ordering mistake or for some reason other than the goods being defective, and we accept the goods back, we may charge the buyer a surcharge of 10% of the price of the goods.
- Product recall: If we decide to voluntarily recall any goods, then we will be liable for the costs of transport and replacement for the goods recalled.
- Claims: A claim that a shipment was short is not valid unless advised to us in writing (with reasonable details) within 2 working days after the shipment as delivered was first available for inspection by the buyer or their agent. Subject to applicable laws, a claim that goods delivered were defective for reasons that are our responsibility is not valid unless advised to us in writing (with reasonable details) within 2 working days after the defect was found. Subject to applicable laws, we may decline any claim for defective goods if the buyer does not take reasonable steps to preserve the goods pending an inspection by our agent, if we require inspection.
- Liability: Subject to applicable laws, if goods we supply are short or defective for reasons that are our responsibility, our total liability is limited to, at our election: (a) the prompt replacement of the goods, or the supply of equivalent goods; or (b) the payment of the cost of promptly replacing the goods or of acquiring equivalent goods. In no case are we liable for any loss of profits or any incidental, consequential or punitive damages as a result of any claim in connection with our supply of goods (or arising from the relationship of the parties), even if we were advised of the possibility of such damages. If we are to replace goods that are defective for reasons that are our responsibility, we may require the original goods to be destroyed at our cost.
- Please note if any allergies, responsibility is yours to make sure the manufacturing company is suitable.
- Jurisdiction: The laws in Queensland govern the contract.
- All transactions are processed in Australia Dollars (AUD)