C E CATERING EQUIPMENT  PTY. LTD.

STANDARD TERMS & CONDITIONS OF SALE - SERVICE

1.      Prices are subject to change without notice and unless otherwise expressed in writing by C E Catering Equipment Pty Ltd (“CE”), all goods and services will be charged at the price determined as at the date of delivery or service, in the absolute discretion of CE. The customer acknowledges that the stated price for the goods and/or repairs does not include the cost of items not specifically detailed in CE’s quotation

2.      Whilst CE will make every reasonable endeavour to cause goods to be delivered by the estimated delivery dates, CE shall not be responsible for delays outside its control, howsoever caused. CE shall be entitled to add to the cost of the goods or services as the case may be the actual cost to it of any freight and/or insurance charges in respect of the delivery of the goods to the customer/recipient. The customer/recipient acknowledges that once the goods have been dispatched from the premises of CE that CE shall not be responsible nor liable to the customer/recipient for any loss or damage occasioned to the goods in the course of delivery of the goods to the customer/recipient and CE is hereby indemnified and held harmless in that regard.

3.      In the event that CE has made any alteration in design to the goods pursuant to advice or instructions by the customer then in that event the customer indemnifies CE against all or any  damages, penalties, costs and expenses or claim which may be made against CE and which arises directly or indirectly out of CE making any such design change to the goods and including but not limited to any allegation that such action by CE has or may involve an infringement of any patent, trademark, registered design, copyright or common law right.

4.      Unless otherwise specifically agreed to by CE in writing, it shall be the purchaser’s responsibility to obtain and provide any access, services, facilities, permits, approval or licences in relation to the goods, as may be necessary or required. CE shall be entitled in its absolute discretion to add to the cost of the goods and /or services as the case may be all costs associated directly or indirectly with the positioning, and/or installation of any equipment, including but not limited to cranes and the like, to enable the reasonable delivery of goods and/or services as the case may be and the customer/recipient shall be liable to pay all or any such costs forthwith upon delivery or at a reasonable time prior to delivery upon being given written notice of the same by CE.

5.      Except as specifically set out herein, or contained in any warranty statement provided with the goods or services, any term, condition or warranty in respect of the quality, merchantability, fitness for purpose, condition, description, assembly, manufacture, design or performance of the goods or services, whether implied by statute, common law, trade usage, custom or otherwise, is hereby expressly excluded.

5.1       Replacement or repair of the goods or resupply of the services is the absolute limit of CE liability howsoever arising under or in connection with the sale, use of, storage or any other dealings with the goods or service by the Purchaser or any third party.

5.2 CE is not liable for any indirect or consequential losses or expenses suffered by the Purchaser or any third party, howsoever caused, including but not limited to loss of perishables, loss of turnover, profits, business or goodwill or any liability to any other party.

5.3 CE will not be liable for any loss or damage suffered by the Purchaser where CE has failed to deliver goods or services or fails to meet any delivery date or cancels or suspends the supply of goods or services.

5.4 Nothing in the Terms is to be interpreted as excluding, restricting or modifying or having the effect of excluding, restricting or modifying the application of any State or Federal legislation applicable to the sale of goods or supply of services which cannot be excluded, restricted or modified.

6.      CE shall not be obligated to accept any goods returned to it by the customer/recipient except in its absolute discretion and in any event only when its prior written consent has been obtained. All or any charges or expenses associated directly or indirectly with the return of the goods, in the event that CE has provided its written consent, shall be paid for and be the sole responsibility of the customer/recipient.

7.      In the event that goods are repaired by CE and the said goods are not collected by the customer within 6 months of the date on which the customer is advised that the said goods are available for collection, the goods may be disposed of, assigned or sold by CE, in its absolute discretion and any amount received by CE shall be offset against the amount payable to CE for the cost of repairs together with an additional reasonable amount or the “holding” of the goods pursuant to the terms of this clause. Any amount recovered by CE in excess of any amount payable to it pursuant to the terms of this clause shall be paid to the customer.

8.      In the event that the customer, neglects or refuses, to accept delivery of the goods, the customer shall forfeit all or any monies paid to CE in respect of the said goods, not as a penalty, but as a genuine pre-estimate of the damages sustained by CE in the procurement of or manufacture of the goods or any part thereof.

Ownership of the said goods shall be and remain with CE until such time as the customer has paid to CE the stated price together with all or any other monies payable to CE pursuant to the terms and conditions stated herein and in the event that the customer refuses or neglects to pay all monies properly payable to CE then CE shall be entitled to retake possession of the said goods and the customer shall make the said goods available for such repossession upon the customer being given 3 days written notice of CE’s intentions in relation to same. CE may then, enter any premises where it suspects the goods may be and remove them, notwithstanding that they may have been attached to other goods not the property of CE, and for this purpose the Purchaser irrevocably licences CE to enter such premises and also indemnifies CE from and against all costs, claims (including trespass), demands or actions by any party arising from such action.

CE shall be entitled to payment, not as a penalty, but as a genuine pre-estimate of the damages sustained by CE, an amount equal to 15 per centum per annum calculated on a daily basis from the date that all monies should have been paid by the customer to CE or from the date of the delivery of the goods to the customer (whichever first occurs) until final payment is made, calculated on a daily basis. In the further event that final payment is not made by the customer to CE within 30 days of the date upon which final payment should have been made then CE shall be entitled to dispose of, sell or assign the goods and any monies recovered by CE in relation to same shall be offset against the balance of monies payable to CE by the customer and any monies received by CE in excess of the amount properly payable to it shall be refunded to the customer provided that no refunded amount shall exceed any monies already paid by the customer to CE.

10.   The customer acknowledges that the warranty on new goods shall be in accordance with and subject to the terms of the manufacturer’s or importer’s warranty.

In respect of any goods repaired by CE a three months warranty on parts and labour, shall apply, provided that the said warranty shall not include the following:

·       The replacement of or supply of any elements, the replacement of and the supply of any electrical and/or electronic components, the replacement of or the supply of any glass or light fittings any defects arising directly or indirectly as a result of the operator error or misuse.

·       Any liability for indirect or consequential losses or expenses including loss of perishables, loss of turnover, profits, business or goodwill or any liability to any other party.