The seller shall not be liable for any default or delay due to any act of God, war, Power, equipment failure, terrorism, strike, lock-out, industrial action, fire, flood, storm, tempest or any other events beyond the Seller’s control.
The maximum liability of the Seller for any and all claims made by the customer or any other parties shall not exceed the purchase price received by the seller for the product. The seller shall not be liabile for any further payments either to the customer or to any other parties for any alleged losses, damages, injury, illness, indirect and/or consequential loss and/or expense expect where the customer is defined as a consumer within the meaning of the Commonwealth Competition and Consumer Act 2010.
These Terms are not intended to have the effect of contracting out of any provisions of the CCCA except where permitted by law. If the Customer buys products or goods as a consumer, these terms shall be subject to protection of consumers’ rights legislation and shall not affect the consumer’s statutory rights.
Ownership of all intellectual property owned by and/or developed by the seller including, but not limited to, operational receipts, formulae and techniques, the brands, trademarks, other recipes, copyright and all other property and/or information remain with the seller and the customer will promptly advise the seller of any breach or infringement of its rights by any party.
No waiver by the seller of any rights or provisions of these terms shall at any time be deemed or implied to limit or exclude any of the seller’s rights against the customer under these terms.
Customers requesting a credit account (and those who already have a credit account) and/or the guarantor’s agree and consent to the seller obtaining and exchanging credit information from the customer’s suppliers and other parties nominated by the customer and for the seller to obtain reports and other information from credit reporting agencies and other sources on credit information about the customer in relation to credit provided by the seller and the ability of the customer to pay its bills as and when they fall due.
The seller can cancel orders from credit account customers without notice if the customer breaches any conditions of these terms or becomes or is in jeopardy of becoming insolvent (or dies if the customer is a natural person) and all outstanding moneys owing to the seller shall be payable immediately together with moneys owing to third parties for contracts entered into for the customer’s benefit.
Notices from the seller to the customer are served when delivery by hand, sent by mail, document exchange, facsimile or email and shall be treated as given when: if delivered by hand when delivered; if sent by mail or document exchange, 48 hours after posting; if sent by fax and/or email when the fax machine confirms transmission or when the email system confirms transmission. A notice given after 5pm and/or on a day which is not a business day is treated as given on the next following business day.
If a dispute arises between the seller and the customer and a solution thereto is contained in these terms, then such solution shall be a binding full and final settlement of the dispute provided such solution is not in breach of any legislation. If no solution to the dispute exists in these terms and the dispute cannot otherwise be resolved within 30 days from the date of the dispute, then either party can refer the matter to an independent party or mediator. If the seller or the customer fail to agree on a party/mediator, the dispute shall be referred to a party/mediator in accordance with the “Governing Law and Changes to Terms of Trade’ clause in these terms. The customer shall be liable for the full resolution costs and if this contravenes the Governing Law the parties will equally contribute to the resolution costs.
If any part of these terms is found to be unenforceable for any reason or in breach of any legislation, then that part will be severed from these terms and will not affect the validity or enforceability of any other part of these terms.