CASTRICUM FOOD SERVICES PTY LTD (ABN 72 081 748 156)
TERMS AND CONDITIONS OF TRADE
In these Terms:
"Agreement" means any agreement or contract entered into for the provision of Goods by Castricum to the Customer and includes the Quote, the Order and these Terms;
"Castricum" means Castricum Food Services Pty Ltd (ABN 72 081 748 156) of 342A Hammond Road, Dandenong, Victoria, 3175;
"Goods" means goods and services supplied by Castricum to the Customer in accordance with this Agreement;
"GST" means any goods or services or value added tax, including GST within the meaning of the A New Tax System (Goods and Services Tax) Act 1999;
"Order" means the order to buy the Goods made by the Customer through accessing and completing details on the Site;
"Price" means the price stated in the Quote or any variation to the price made by Castricum in accordance with the Terms;
"Quote" means the written quote or price schedule made by Castricum by displaying on the Site;
"Site" means the website www.mastermeats.com.au;
"Terms" means these Terms and Conditions of Trade;
Basis of Agreement and Order
- The Terms apply exclusively to every Agreement and cannot be varied or supplanted by any other terms or conditions, unless agreed by Castricum in writing.
- Any Order is an offer and is not accepted until Castricum communicates the Quote and receives payment of the Price.
- Any Quote concerning the proposed supply of Goods is valid only when it is displayed on the Site and is an invitation only to the Customer to confirm the Order by payment of the Price.
- Castricum may vary or amend these Terms by posting new Terms on the Site. Any variations or amendments will apply to orders made by the Customer after the date of notice.
- The Price includes GST.
- Where there is any change in the costs incurred by Castricum in relation to the Goods, Castricum may vary the Price in order to take account of any such change.
- Payment for the Goods must be made strictly by credit card through the Site. Goods will not be dispatched until full payment has been confirmed.
- Castricum will provide a tax invoice for GST purposes.
- The Customer must provide Castricum with clear delivery instructions and the date that the Goods are required.
- Castricum will, at its discretion, arrange for the delivery of the Goods to the Customer and shall designate the route and the means of transportation for the delivery of Goods.
- Unless otherwise agreed in writing, the Customer will be responsible for all costs associated with delivery, including freight, insurance and other charges arising from the point of dispatch of the Goods to the Customer to the point of delivery.
- The Customer must provide reasonable and proper access to the location specified for delivery.
- Anyone at the delivery address who receives the Goods shall be presumed by Castricum to be authorised to receive the Goods on behalf of the Customer.
- The Customer acknowledges that the Goods are perishable foods and that he/she must properly store and refrigerate the Goods as soon as possible after they have been delivered.
- The Customer must advise Castricum in writing within 24 hours of receipt:
- of the non arrival of any or all of the Goods;
- if that there is damage to the Goods;
- that the wrong Goods have been received; or
- that the quantity of the Goods is incorrect.
Risk and Insurance
- The risk and title in the Goods and all insurance responsibility for theft, damage or otherwise in respect of the Goods passes to the Customer immediately on the Goods being dispatched from Castricum's premises.
- The Customer assumes all risk and liability for loss, damage or injury to persons or to property of the Customer, or third parties arising out of the use or possession of any of the Goods sold by Castricum, whether such Goods are used singularly, or in combination with other substances, or any process.
Performance of the Agreement
- Any period or date for delivery of Goods stated by Castricum is intended as an estimate only and is not a contractual commitment. Castricum will use reasonable endeavours to meet any estimated dates for delivery of the Goods.
- Late delivery does not entitle the Customer to refuse to take possession of the Goods, or refuse payment.
- Castricum may, at its discretion, make part delivery of the Goods.
- Except as specifically set out in these Terms, any term, condition or warranty in respect of the quality, merchantability, fitness for purpose, condition, description, assembly, manufacture, design or performance of the Goods, whether implied by statute, common law, usage, custom or otherwise, is expressly excluded.
- Replacement of the Goods is the absolute limit of Castricum's liability howsoever arising under or in connection with the sale, use of, storage or any other dealings with the Goods by the Customer or any third party.
- Castricum is not liable for any indirect or consequential losses or expenses suffered by the Customer or any third party, howsoever caused, including but not limited to loss of turnover, profits, business or goodwill or any liability to any other party.
- Castricum will not be liable for any loss or damage suffered by the Customer where Castricum has failed to meet any delivery date or cancels or suspends the supply of Goods.
- 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 Australian State or Federal legislation applicable to the sale of Goods which cannot be excluded, restricted or modified.
Cancellation & Return
- If, through circumstances beyond its control, Castricum is unable to effect delivery or provision of Goods, then Castricum may cancel the Order (even if it has already been accepted) by notice in writing to the Customer.
- No purported cancellation or suspension of an Order or any part thereof by the Customer is binding on Castricum after the Order has been accepted by Castricum in accordance with clause 2.2.
- Goods may not be returned without Castricum’s prior written approval. Written approval must accompany the returned Goods. All costs associated with the return of Goods are to be paid by the Customer.
- Castricum will provide a credit only for the return of Goods.
- Claims regarding return of Goods, short delivery or Goods not received must be made within 24 hours of the delivery (or non-delivery).
- Castricum is bound by the Privacy Act 1988 (Cth) and takes steps to ensure that all personal information obtained in connection with the Customer will be appropriately collected, stored, used, disclosed, transferred and destroyed in accordance with the National Privacy Principles ("NPP’s").
- The laws of Victoria, Australia from time to time governs the Terms and the parties agree to the exclusive jurisdiction of the courts of Victoria, the Federal Court of Australia, and of courts entitled to hear appeals from those Courts.
- Should one or more of the above clauses be void, this shall not affect the validity of the remaining provisions.
- Headings are for convenience only and do not affect the interpretation of this Agreement.