TERMS AND CONDITIONS OF QUOTATION/ SALE AND/ OR  SUPPLY
ARTISAN FOOD EQUIPMENT PTY LTD

    1. These Terms and Conditions of Sale apply (unless otherwise previously agreed in writing) to this contract and all sales contracts, and all hire, loan and supply contracts and/or arrangements with the customer. An acceptance of an order by us is and shall always be deemed to be an acceptance of these Conditions of Sale by us and the customer, notwithstanding any consistency which may be introduced in the customer’s order of acceptance.
    2. We reserve the right to vary our selling prices and terms without notice and prices charged will be those ruling at the date of order.

    3. Unless otherwise agreed in writing, payment for the goods shall be made to us upon order of goods and any costs incurred through action taken by us to recover monies due for payment, including but not limited to debt collecting costs, shall be paid by the customer.

    4. The customer expressly acknowledges and agrees that we are not liable for any advice given by ourselves or our agents or employees in relation to the suitability for any purpose of goods or materials or services supplied by us and all such advice relied upon is at the customer’s risk.

    5. Your placement of order is your authority to allow us to register (P.P.S.R.) our financial interest & first priority over all goods supplied by us until paid for in full.

    6. We shall not be liable to the customer whatsoever for any defect, loss, damage or delay caused by strikes, lock-outs, damage to or break-down of plant, Government interference, earthquake, civil commotion, force majeure, or any other cause beyond our control.

    7. At our discretion, the customer shall be liable to pay interest on any monies due and payable to us such as interest to be charged to the customer’s account. The rate of interest shall be 2% per month, or part thereof. The interest shall commence to accrue at the expiration of the period allowed to the customer for the payment of accounts as defined in Clause 3.

    8. For goods hire, loaned, rented or leased from us the conditions on the separate sheet headed “HIRING AGREEMENT” shall be deemed to be included in these “Terms and Conditions of Sales” in all respects.
    9. The terms and conditions shown in our Price List(s) and Quotation form(s) shall be deemed to be included herein in their entirety.

    10. GST is applicable at the current rate and is an extra cost.

    11. Sizes are nominal only and are subject to the lengths of our standard sections, etc.

    12. Methods of construction, finish, style, components and all details are to our discretion in all respects.

    13. Colours, anodizing, materials, fabrics, glazing, etc., will be the nearest commercially available (in all and any respects) to that selected or offered.

    14. Warranty is only as offered by the manufacturer and to the extent offered by same and obtainable without any cost or legal action by ourselves. Subject to the terms and conditions of the warranty statement a conditional warranty is available as separately advised to you. Explicit details of any relevant warranty will be provided with the goods; subject to service, care and usage requirements.

    15. We shall not be liable for any direct, indirect or consequential loss howsoever and whatsoever arising.

    16. Warranty is null & void unless payment for the goods and any associated and/or subsequent services have been paid for in full.

    17. We shall not be liable for any direct, indirect or consequential loss howsoever and whatsoever arising.

    18. Any Council/Authority/Code/Landlord etc., compliance and/or approval is to customer’s responsibility in all respects.

    19. All site fixing, cutting, drilling etc., (at installation) is to other’s responsibility in all respects including the protection/making good of all surfaces.

    20. Complete responsibility and care for the goods passes to you ex our works. The transportation of the goods (and any installation) is to be to and by your instructions. However, in the absence of any notice to the contrary we will arrange for same to your account and responsibility in all respects. Insurance etc., is to be arranged by yourselves, as the goods are your total responsibility even though transport and/or installation is by us, or by arrangements made by us, on your Upon receipt of goods they must be inspected by the purchaser, who must report anything adverse, to the relevant contact at our head office, by close of business time on day of delivery.

    21. The title in the goods shall only pass from us (to the purchaser) upon our receipt of full payment for the goods and any transport and/or installation, etc., works arranged, or done by us.

    22. All plans, sketches and drawings supplied by us are covered by their copyright in all respects. No use, copy, transfer or provision to other parties, is to be made of these details without our express permission

    23. Your acceptance of any of our plans, sketches, recommendations, suggestions, etc., and/or their execution by ourselves or by others (as approved) does not give or imply any warranty, undertaking or liability whatsoever, by us, as to their suitability, benefit, advantage or otherwise to yourself, or any other party, in any connection whatsoever or howsoever arising.

    24. Warranty is only as offered by the manufacturer and to the extent offered by same and obtainable without any cost or legal action by ourselves. Explicit details of any relevant warranty will be provided with the goods; subject to service, care and usage requirements.

    25. Spare Parts and Goods cannot be returned for credit. Orders for custom-made units cannot be cancelled and a 25% restocking & processing charge applies to all other cancelled orders, subject to AFE written permission ,

    26. If any of the provisions of the contract are unlawful or invalid under any applicable statute or rule of law, they are to that extent to be deemed omitted.

    27. Acceptance by you of goods constitutes a contract which shall be deemed to be made in Sydney N.S.W. and governed by the relevant laws of N.S.W.

    28. Your offered order affirms your acceptance of all of the above conditions in their entirety.