General Trade Terms Conditions of Sale
The following “General Trade Terms Conditions of Sale” outline the various terms of the purchase agreement that must be agreed to before any transaction can proceed.
If you purchase goods from this website, we may require you to provide your name, e-mail address, credit card number or other details to enable the processing of any orders that you make. You agree to provide Chef’s Greatest Pty Ltd. with current, complete and accurate customer information when asked to do so by this website or a customer service representative of Chef’s Greatest Pty Ltd.
Please note that some products we sell may not be suitable for children because they represent a choking or some other safety hazard. All customers warrant that they are over 16 or have the consent of their parents or guardians to enter into a purchase agreement with Chef’s Greatest Pty Ltd.
- These terms apply to all goods sold by Chef’s Greatest Pty Ltd. ("the Company") to a customer ("the Applicant") These terms override all terms proposed by any customer including terms set out on any order or other documents. If other terms are proposed these terms are deemed to be reoffered to and accepted by the customer or their agents in delivery of the goods. These terms may be varied at any time by the Company. The terms at the time of delivery will prevail if there is any conflict.
- These terms constitute the entire agreement. No other representations are made by the Company in relation to supply of the goods. These terms may only be varied or additional terms incorporated (other than terms of the product description, quantity, indicative price and delivery instructions set out on each order) if in writing and signed by a representative of the Company of the status of General Manager or Director. There are no other terms and to the extent permitted by law all other terms including warranties that may be implied, are excluded.
- If any trading agreement exists between the Company and the customer these terms nevertheless apply to all goods supplied which are also covered by the trading agreement, though, if there is an inconsistency with these terms, the trading agreement will prevail to the extent of any inconsistency. No trading agreement will legally bind the Company or the customer unless in writing and signed by a representative of the Company of the status of General Manager or Director and the customer.
Ordering, Acceptance and Price
- Orders are necessary for stock allocation and once received from a customer are irrevocable. The Company may withdraw from the supply of goods ordered at any time up to delivery. Any quotation of the Company may be varied or withdrawn up to the time of delivery and will lapse on any specified expiry date.
- The customer is responsible for ensuring all quotations and orders are accurate. The Company takes no responsibility for errors in respect of the goods, quantity or price set out on any quotation or order.
- All orders are advised to be in writing to which can be mailed, faxed, e-mailed or electronically transmitted via www.beepegg.com (“the Company website”) to the Company for shipment. The Company takes no responsibility for any phone orders that take place from time to time and cannot be responsible for mistakes in orders. The Company advises all clients to electronically transmit via the Company website all order details to ensure that correct products are ordered.
- The customer is responsible for all freight costs associated with incorrect orders when they arise to and from the Company’s warehouse.
- All prices quoted or advised are strictly net based on the quantity and the pack sizes at the date of quotation and order. Prices may be varied to those at the date of delivery and will be adjusted accordingly to any change in any costs to the Company or variation in quantity or pack sizes. Prices are in Australian Dollars, exclusive of GST and Freight is additional.
- The Company’s computer pricing is deemed accurate and foreshadows any other price/special shown on any advertising, e-mail or website from time to time.
- Confirmation of order documents must be clearly marked otherwise they will be treated as original orders.
- The customer is responsible for the following costs and charges in addition to the price unless otherwise specified in the Company’s quotation: (a) special packaging requirements; (b) insurance for goods in transit from the Company’s premises; (c) wrong ordering by the customer from time to time; (d) expenses incurred by the Company due to referral of delivery at the customers request and or the goods not being able to be delivered due to reasons beyond the Company’s control or cancellation of the customers invoice; and (e) GST, customs duty and all other statutory taxes and charges. Orders once received cannot be deferred unless agreed to in writing by the Company and the customer indemnifies the Company for any loss.
- If for any reason the goods ordered are unavailable, the Company has the right to substitute alternative goods provided they are reasonably equivalent in all respects (unless the customer’s order specifies otherwise). If quantity and pack sizes vary from the date of quotation or order the Company may substitute alternative sizes but not so that the customer is required to purchase in aggregate more goods than ordered.
- If the Company agrees to make available any goods for the carrying out of any tests or certification processes then these tests or processes are at the customer’s cost and risk. By providing goods for the undertaking of testing or process pursuant to this clause the Company expressly does not assume any responsibility for the goods whatsoever including liability if the results of the tests or processes are carried out wrong.
Packing and Delivery
- Orders will take place at the Company’s premises where the customers order is accepted and agreed by the Company at the customer’s cost and risk to deliver or arrange freight to an address specified by the customer, in which case delivery will take place at such address. The customer will assume any additional costs associated with said delivery due to any additional expense incurred by the Company’s freight forwarder from time to time.
- Acceptance of delivery of the goods by the customer is deemed to be acceptance of the condition and correctness of goods ordered.
- The customer agrees that any shipment may be subject to additional freight charges and these charges have been approved by the customer at the time of the order. The customer has the right to be advised of any additional charges if specified in writing when the order is placed.
Title and Risk
- Notwithstanding delivery or freight arrangements, risk (including deterioration, loss or damage) passes to the customer preloading at the Company’s premises or at an address specified by the customer or if shipped directly from the manufacturer preloading at the manufacturer’s premises or if shipped directly from outside Australia preloading at the port of entry in Australia. The customer is responsible for all insurance of the goods from the point when risk passes. Title passes to the customer when the Company has been paid in full for all goods supplied by it to the customer.
- The Company reserves copyright in all documents, e-mail, websites, brochures, drawings and specifications produced by the Company or on the Company’s behalf in connection with the goods. Resellers of Chef’s Greatest Pty Ltd. products are required to obtain written permission when using product descriptions, images and/or promotional materials via any communication medium. Unauthorised use of any copyright, trademark, patent of Chef’s Greatest Pty Ltd. or the contents of the Company website is strictly prohibited and could result in legal action against the offenders and resellers.
Invoicing and Payment
- Payment must be made by the due date, determined in accordance with your credit application acceptance, under which the goods were delivered (the due date). In the event payment is not made by the due date the Company reserves the right to suspend or cancel undelivered orders and to take proceedings for recovery. The customer must pay interest equal to 2% per month for each month or part thereof on overdue amounts from the due date until paid. In the event that payment is not made within the prescribed time an account administration fee of $10.00 + GST for each month or part of a month that the monies remained unpaid from the date payment became due shall be payable in addition to interest. The customers are not entitled to any retention or otherwise retain any amount due to the Company. All payments are to be made without deduction or equitable or other set off whatsoever. The Company will not ship any new orders to the customer whilst any outstanding orders are payable and reserves the right to refuse or terminate credit without notice.
- Until the Company has been paid in full for all goods supplied by it to the customer: (a) the Company remains the owner and the customer is only a bailee; (b) the customer must store the goods separately from any other goods, keep them readily identifiable as the Company’s goods and maintain proper records of any sale or disposal of the goods; (c) the customer bears all risk in respect of the goods from delivery and must fully insure them; (d) the customer will not sell the goods except in the ordinary course of business; and (e) the customer will hold the proceeds of any sale or disposal to the extent of the amount due to the Company in a separate account for the Company’s benefit and promptly pay that amount to the Company.
- At all times the customer will allow the Company access to the premises occupied by the customer during normal business hours and to the goods in order to inspect the goods and retake possession of the goods at any time prior to payment in full of the price payable for all goods supplied by the Company to the customer and for other monies payable by the customer to the Company. The customer acknowledges that this access shall be full, free and unhindered and shall not be or constitute trespassing by the Company. The customer indemnifies the Company for any liability or loss it suffers seeking to exercise its rights of access and retaking possession.
- Refunds may occasionally be offered at the discretion of the management. Refunds are only taken into consideration in circumstances where there is a clear reason to do so, For example technical failure, or situations where you clearly did not receive what you have ordered.
- All claims for refunds will only be entertained if received in writing within 48 hours of collection.