These terms and conditions of sale, as amended from time to time by Third Puno Pty Ltd ABN. 36 452 308 107 trading as Industrial Food Machinery ("Seller"), apply to sales of all goods and services ("Goods") by the Seller to the Purchaser.
2. Quotations and orders
Any quotation given by the Seller to the Purchaser is not an offer or obligation to sell but an invitation to treat only. The Seller reserves the right to accept or reject any order it receives.
If the Purchaser defaults under these terms and conditions, the Seller may cancel, suspend or vary the terms and conditions of any incomplete order that has been accepted by the Seller without notice to the Purchaser and without being liable to the Purchaser.
The Seller is not responsible to the Purchaser for a breach of its obligation to supply the Goods pursuant to an order the Seller has accepted, or for any delay in delivery, if the failure to supply or the delay in delivery, is caused by matters beyond the reasonable control of the Seller (including, without limitation, acts of God, acts of government, war or other hostility, terrorism, national or international disaster, fire, explosion, power failure, equipment failure, strike or lockout, inability to obtain necessary supplies and any other force majeure occurrence).
Under no circumstances is the Seller liable for any consequential loss or damage resulting from any breach of contract or warranty, including breach of an essential term, and the Seller's liability is limited to the order price of the Goods.
Prices quoted in any quotation or order, apply to that quotation or order only and do not apply in any other circumstances.
All prices quoted are net of Goods and Services Tax ("GST"). Unless specifically provided for at law GST will be charged on all orders made.
All prices, unless specified do not include the cost of delivery, unpacking, positioning or installation of Goods.
Prices quoted do not include electrical, plumbing, gas fitting or building alterations of any kind. The cost of any special packing and packing materials used in relation to the Goods are at the Purchasers expense, notwithstanding such costs may have been omitted from any order or quotation.
Prices listed may be inaccurate or incorrect due to factors beyond the control of the Seller and the Seller cannot be bound to sell the Goods at price listed. We reserve our rights to alter prices on all Goods as we deem fit.
All invoices are payable in full on making of the order unless otherwise agreed between the Seller and Purchaser.
GST will be added to all orders and must be paid together with the price at the time that the order is made.
All online orders shall be processed through the National Australia Bank payment portal. The Seller will not be held liable for any failure of the portal to operate. The Purchaser may be liable for fees and charges for processing payments through the Portal.
In the event that the Purchaser has paid a deposit and does not proceed with the sale, the Seller may keep the deposit. In event that the Goods are customised to the Purchaser's request, the Purchaser will be obliged to make payment in full for the Goods.
Time is of the essence for all the Purchaser's obligations.
The Seller reserves the right to charge interest to the Purchaser on overdue accounts at NAB business overdraft rate prevailing at the time that payment for the Goods became overdue.
The Purchaser agrees to pay the Seller any expenses (including legal costs) incurred in collecting any outstanding debts due by the Purchaser to the Seller.
5. Risk in the Goods
The risk of loss or damage to the Goods passes to the Purchaser on the date and at the time and the place that the Goods are made available to the Purchaser.
All Goods may be collected from a nominated pick up point or delivered. When Goods are to be delivered, they will be delivered by an external transport company. The Seller will notify the Purchaser of delivery options and costs within 3 business days of order being placed. Any delivery times notified to the Purchaser are estimates only and the Seller is not responsible for late or non-delivery.
Delivery of machines, refrigeration and all flat-pack items will be made to kerbside locations only. It does not include negotiating lifts or stairs.
Customers are responsible for ensuring that products ordered will fit through doorways and into their premises. We cannot accept responsibility if it will not fit. Any carriage charges caused by an aborted delivery are the customer's responsibility.
Delivery does not include unpacking or positioning or assembling items. A supplementary delivery cost for large items may apply.
For non Australian orders, please either fax or email orders, you will be quoted an international shipping rate before payment will be accepted.
If the Purchaser requests the Seller to postpone delivery of the Goods beyond the delivery date or dates specified in the order, the Seller may agree to do so if the Purchaser pays an additional fee for such postponement for storage charges.
7. Retention of Title
Title in the goods does not pass to the Purchaser until the Seller has received payment in full.
To protect the Seller's security interest in the goods until payment has been made, the Seller may choose to register the agreement made between the Seller and the Purchaser under the Personal Properties Securities Act 2009. The Purchaser must agree to do all things necessary to facilitate such registration.
On default in payment the Purchaser irrevocably permits the Seller or any person authorised by the Seller in writing upon reasonable notice to enter the Purchaser's premises or the premises where the goods are reasonably believed by the Seller to be held on the Purchaser's behalf.
The Purchaser must also agree to indemnify and hold the Seller harmless for all reasonable costs and expenses of recovery of the goods and losses if any on their resale. The Purchaser agrees to sign documents or do all things necessary to perfect the Seller's rights under the agreement and appoint the Seller as the Purchaser's attorney to sign any document or do anything that may reasonably be required to enforce the Seller's rights on default.
8. Claims and liabilities
Any claim by the Purchaser as to incorrect performance or breach of these terms and conditions must be made to the Seller in writing within 7 days of delivery, for which time is of the essence. Where a claim relates to the warranties under Clause 9, the limitations and exclusions in that clause apply. The total liability of the Seller, its employees, servants and agents is limited to one or more of the following at the option of the Seller:
- replacement of the Goods supplied or supply of equivalent Goods;
- payment of the cost of replacing the Goods or of acquiring equivalent Goods;
- payment of the cost of having the Goods repaired;
- and does not extend to consequential loss or damage.
TUnless specified there is no warranty on any goods.
If the customer is a consumer for the purposes of the Australian Consumer Law, certain guarantees may be conferred on the customer and certain rights and remedies may be conferred on the customer which cannot be excluded, restricted or removed. if so, then to the maximum extent permitted by law, our liability to the customer is limited at our option to: (a) in the case of goods, replacement or repair of the goods or payment of the cost of replacing or repairing the goods; and (b) in the case of services, resupply of the services or payment of the cost of re-supplying the services. In this clause, Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010.
Our liability to the customer for negligence and breach of contract is limited to the cost of replacing the Goods & Services ordered.
In the case where the Seller has agreed to provide a warranty, the warranty will not apply wherein the Seller's opinion a defect has been caused, by careless or improper handling or by non-adherence to operating instructions.
For the purposes of making any claim under warranty, the customer must follow the instructions set out on website at www.ifmonline.com.au
10. Availability of Goods
You acknowledge and agree that from time to time, some Goods may be out of stock or unavailable and we may not be able to fulfil all or part of your Order. If this occurs, we will use reasonable endeavours to either source the Goods, or contact you within five (5) Business Days to make alternative arrangements for the supply of the Goods or arrange a full or partial refund, or change your Order to replace the Good with a comparable product in a similar price range (where available) as agreed with you, or come to an alternative arrangement. Where a comparable product or alternative arrangement cannot be agreed upon, then we will refund you the Price paid for the Goods. We will use reasonable endeavours to process the refund within five (5) Business Days. Your receipt of your refund will depend on the period of time it takes your financial institution to finalise the refund.
We will not liable with respect to any loss you or any third party might suffer as a result of any delay in processing your refund. We reserve the right to withdraw or suspend any Good displayed from sale either temporarily or permanently at any time without notice to you. We will not be liable to you for any loss you or any third party loss you suffer as a result of a withdrawal or suspension of availability with respect to a particular Good.
Where a Good which is the subject of an Order has been withdrawn or suspended from sale and your payment for the Goods has already been processed, we will use reasonable endeavours to refund any money paid to us in respect of that Good within five (5) Business Days. You acknowledge and agree that:
1. all pictures and images of Goods displayed on the Website are for illustration purposes only, and the sizes and dimensions of Goods may differ in real life;
2. you have read any corresponding written description of the Goods prior to submitting your Order;
3. the colour of Goods as shown on the Website may vary slightly in shade in real life;
4. where we provide dimensions and measurements in the descriptions of a Good (where applicable or available), it is your responsibility to ensure that the actual size of each item is suitable for your purpose prior to submitting your Order (including whether the Good will be capable of delivery to your Delivery Address due to sufficient, appropriate and safe access); and
any accessory featured with the Goods is for illustration purposes only, and may be sold separately.
11. Health and Safety
It is the Purchaser's responsibility to ensure that all applicable health and safety regulations are observed and other appropriate steps taken in relation to the storage, handling and the use of the Goods and, where information is supplied to the Purchaser on potential hazards relating to the goods, to bring such information to the attention of its employees, agents, sub-contractors, visitors and customers. Without prejudice to the foregoing, it is also the Purchaser's responsibility to provide safe facilities for the reception of goods into storage.
12. Product Recalls
Where a Good is subject to a product recall, a notice will be posted in the Notice section of the Website. You can return goods that are the subject of the product recall to our store. Subject to agreement between us and you alternative arrangements may be made regarding the return of goods. You agree for us to contact you, using the personal information provided on your Order, to notify you of a product recall either by telephone (including mobile phone), email or postal mail.
13. Fitness for Purpose
The Purchaser agrees that it does not rely on the skill or judgment of the Seller in relation to the suitability of any of the Goods for a particular purpose unless it has indicated that purpose in writing to the Seller and the Seller has acknowledged in writing that the Goods will be fit for the particular purpose.
No waiver by the Seller of any breach of these terms and conditions operates as a waiver of any other breach, and the doing and/or omission of any act, matter or thing whatsoever by the Seller, its employees or agents (which but for this clause ought or might amount to a waiver of the Seller's rights in respect of any such breach or default) does not operate as a waiver in any way of the Seller's rights and powers in respect of such breach or default.
Any notice required under this agreement must be in writing and given by post, facsimile or hand to the Seller or the Purchaser at the address on quotation or as is notified in writing by one party to the other.
16. Governing law
This contract is governed by the laws of the state of Victoria, notwithstanding the place in which the Goods or any of them are to be delivered. The Purchaser and the Seller irrevocably submit to the exclusive jurisdiction of the Courts of Victoria.
17. Whole agreement
These terms and conditions and any warranties implied by law which are not capable of being excluded or modified embody the whole agreement between the parties and, subject to the express terms contained in any written order and written acceptance thereof (which will only apply to that particular order), all previous negotiations, representations, warranties, arrangements and statements (if any), whether expressed or implied, including any collateral agreement or warranty, regarding the subject matter or the intentions of either of the parties are merged in these terms and conditions and otherwise are hereby excluded and cancelled. The Purchaser acknowledges that it has not been induced to enter into this agreement by any representation, advice or information given or made by or on behalf of the Seller.