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Terms and Conditions

Definitions

In these terms and conditions “Agreement” means any agreement or contract entered into for the provision of goods and/or services by Lamond Catering Equipment Pty Ltd to the customer.

Basis of Agreement

1. No amendment, alteration, waiver or cancellation of any of these terms is binding on Lamond Catering Equipment unless confirmed by Lamond Catering Equipment in writing.

2. The customer acknowledges that no employee or agent of Lamond Catering Equipment is authorised to make any representation, warranty or promise in relation to the goods sold pursuant to this these terms of sale, other than as contained in these terms or as confirmed in writing by Lamond Catering Equipment.

3. Any written quotation provided by Lamond Catering Equipment to any of its customers concerning the supply of goods and services is:

(i) valid for thirty (30) days;

(ii) an invitation to treat only;

(iii) subject to the customer offering to enter into an Agreement in accordance with these terms. Such Agreement shall be deemed to be accepted by Lamond Catering Equipment when Lamond Catering Equipment confirms its acceptance of such offer in writing or by electronic means or delivers goods to the customer.

4. Lamond Catering Equipment has no obligation to accept any offer from any customer and may by notice in writing vary or amend these terms at any time, provided that such variation or amendment would only apply to offers accepted by the customer after the date of such notice of variation.

5. All prices quoted verbally or in the written quotation to the customer for the supply of goods include GST and other taxes and duties payable in respect of the goods unless stated otherwise.

Payment

6. Unless Lamond Catering Equipment shall otherwise agree, payment for goods and services must be made in full prior to delivery of the goods or provision of any services. Payment by cheque is not deemed to be made until the payments under the proceeds of the cheque is cleared.

7. Payment terms may be revoked or amended at the sole discretion of Lamond Catering Equipment by Lamond Catering Equipment giving written notice to the customer.

 

Passing of Property

8. Until the full payment in cleared funds is received by Lamond Catering Equipment for all goods to be supplied by Lamond Catering Equipment to the customer as well as any other amount which may be owing to Lamond Catering Equipment by the customer:

(i) title and property in all goods remains vested in Lamond Catering Equipment and does not pass to the customer and in the event that goods have been delivered by Lamond Catering Equipment to the customer and no title to the said goods shall pass to the customer who shall hold the said goods as fiduciary bailee and agent for Lamond Catering Equipment;

(ii) Lamond Catering Equipment may without notice enter any premises where it suspects any such goods may be and remove them, notwithstanding that they have been attached to other goods, not the property of Lamond Catering Equipment and the customer irrevocably licences Lamond Catering Equipment to enter such premises and indemnifies Lamond Catering Equipment against all claims, actions, suits and demands brought by any party arising out of such action

Risk and Insurance

9. Any risk in the goods and any responsibility to cover the goods by insurance in respect of theft, damage or otherwise passes to the customer upon the goods being dispatched from the premises of Lamond Catering Equipment or from the warehouse of Lamond Catering Equipment or other place where the goods may be situated and the customer shall assume all risk and liability for loss, damage or injury to persons or to properties of the customer or to third parties arising out of delivery of the goods or their use and possession.

Acknowledgments by the Customer

10. The customer acknowledges that:

(i) it has not relied on any advice, recommendation, information or assistance provided by Lamond Catering Equipment or any employee or agent of Lamond Catering Equipment in relation to the sale of goods and/or services or the use or application of such goods or services;

(ii) the customer has the sole responsibility to satisfy itself that the goods or services are suitable for the use of the customer or any contemplated use by the customer whether or not such use is known to Lamond Catering Equipment; and

(iii) any description of goods provided in a quotation or notice is given by way of identification only and the use of such description does not constitute a contract of sale by description;

(iv) the customer must provide to Lamond Catering Equipment particulars of its Australian business number, its order number and the quantity and model number, its delivery address and insurance details when Lamond Catering Equipment requests it.

Delivery

11. Lamond Catering Equipment shall provide to the customer the estimated dates of delivery and will use its best endeavours to maintain such estimates, but shall not be liable to the customer in the event that such estimates cannot be maintained.

12. The obligations of Lamond Catering Equipment as to delivery shall extend to the delivery of goods to the kerbside or street level only. In the event that there are additional delivery requirements the customer shall notify Lamond Catering Equipment at a reasonable time prior to any such delivery and any additional costs thereby incurred shall be to the customer’s expense.

Inspection and Return of Goods

13. Unless the customer has inspected the goods and given written notice to Lamond Catering Equipment within two (2) business days of delivery that the goods do not comply with the relevant specifications or descriptions, the goods shall be deemed to have been accepted in good order and condition and no claim for credit, non-delivery or repair of goods shall be accepted unless notification is made within two (2) days in writing to Lamond Catering Equipment.

14. In the event that Lamond Catering Equipment otherwise accepts the return of goods for credit, such credit will endure for a maximum of twelve (12) months from the date of first sale to the customer of the returned goods and any such return will be liable to a re-stocking fee being not less than 25% of the invoice value of the goods.

15. In the event that Lamond Catering Equipment accepts the return of goods for credit, the customer remains liable for the costs of re-delivering the goods to the manufacturer and shall be liable to pay Lamond Catering Equipment such costs.

16. Nothing in these terms shall oblige Lamond Catering Equipment to accept returns of goods for credit if such goods were damaged during their assembly or installation and nothing shall oblige Lamond Catering Equipment to pay any of the costs of assembly or installation or make it responsible for any losses arising from defective assembly or installation and nothing in this clause shall affect the construction of Clause 18 of these terms.

Cancellation of Orders

17. No order may be cancelled, modified or deferred without the prior written consent of Lamond Catering Equipment and if Lamond Catering Equipment shall consent to any cancellation, modification or deferral the customer shall reimburse it for all losses including loss of profits and shall be liable to pay a cancellation and re-stocking fee being not less than 25% of the invoice value of the goods.

The limitation of liability of Lamond Catering Equipment

18. Nothing in these terms and conditions shall affect or shall be deemed to affect any right, entitlement or other remedy conferred upon the customer by the provisions of the Trade Practices Act 1974 or other State or Territory Legislation as amended and nothing in these terms shall be interpreted as excluding, restricting or having the effect of excluding, restricting or modifying the application of any of the Trade Practices Act or any State or Territory legislation applicable to the sale of goods or the supply of services which cannot be excluded, restricted or modified provided that Lamond Catering Equipment’s liability under any aforesaid provisions is limited, at its option to:

(i) replacement or repair of the goods or the supply of equivalent goods or payment of the costs of replacing or repairing the goods or requiring equivalent goods; or

(ii) refund of the purchase price;

and Lamond Catering Equipment will not be liable in any case for any consequential or other direct or indirect loss or damage arising by breach of these terms.

Warranties

19. Subject to these terms:

(i) Lamond Catering Equipment at its discretion may repair or replace any goods to remedy any failure due to faulty workmanship or materials, provided that such goods may have acceptable variance (as determined by Lamond Catering Equipment).

(ii) Lamond Catering Equipment is not obliged to repair or replace goods or remedy any failure due to faulty workmanship or materials unless the customer supplies it with detailed information on the warranty form provided by Lamond Catering Equipment as to the defects in the goods. Lamond Catering Equipment is not liable for any collateral damage caused to the customer for any collateral damage accruing to the customer for any faulty work or materials supplied;

(iii) the customer acknowledges that any warranty given in respect of plant and equipment is the warranty of the manufacturer of the goods and that Lamond Catering Equipment is not responsible for such warranties and gives no warranty of its own in respect of the said goods;

(iv) the customer acknowledges the provisions of any Act or law, (including but not limited to the Trade Practices Act 1974) implying terms and conditions and warranties or any other terms and conditions of warranties which might otherwise apply to or arise out of the Agreement between Lamond Catering Equipment and the customer in relation to the goods, are hereby expressly negatived and excluded to the full extent permitted by law;

(v) the customer further acknowledges that the benefit of this warranty is subject to the customer not being in breach of these terms and conditions or of any additional Agreement which is in place;

(vi) Lamond Catering Equipment, or its representatives, being given access to the goods for the purpose of inspection and rectification of any claim;

(vii) the customer not having repaired or undertaken to repair the goods without the prior authorisation of Lamond Catering Equipment nor altering the goods in any way;

(viii) the customer having used and maintained the goods in accordance with the manufacturer’s recommendations, their failure not being the result of incorrect or poor maintenance by the customer.

Miscellaneous

20. This Agreement shall be construed in accordance with the laws of the State of New South Wales and the parties agree to the non-exclusive jurisdiction of the Courts of the State of New South Wales and of Courts entitled to hear appeals from these Courts.

21. Failure by Lamond Catering Equipment to enforce any of these terms shall not be construed as a waiver of any of Lamond Catering Equipment’s rights.

22. If any of the terms of this Agreement shall be unenforceable such terms shall be read down so as to make it enforceable or if it cannot be read down the condition shall be severed from these terms without affecting the enforceability of the remaining terms and conditions.

23. Any notices given by either party to this Agreement may be delivered personally or sent by facsimile or pre-paid mail to the last known address of the addressee and shall be deemed to be received upon posting or receipt of facsimile transmission or email.

Waiver and Assignment

24. No failure by Lamond Catering Equipment to insist on strict performance of any of any terms in these terms is a waiver of any right or remedy which Lamond Catering Equipment may have and is not a waiver of any subsequent breach or default by the customer.

25. Neither the Agreement nor any rights arising under the Agreement may be assigned by the customer without the prior written consent of Lamond Catering Equipment which it may give or refuse at its absolute discretion.