1. Scope: All goods and services (“Products”) supplied by Wholesalepak are supplied on these terms and conditions.
2. Order Acceptance: No order shall be binding on Wholesalepak until accepted by Wholesalepak. An individual contract for the supply of Products, on these terms and conditions, is formed on acceptance by Wholesalepak of an order from the Customer. Wholesalepak reserves the right to accept any order in whole or in part. Where Wholesalepak makes a part delivery of any order, such delivery shall constitute a separate contract.
3. Payment Terms: All credit orders are accepted by Wholesalepak subject to satisfactory credit approval of the Customer, and are governed by Wholesalepak credit terms and conditions in force at the time of order placement, including the right to charge interest. Credit approval once granted may be withdrawn at any time. Where credit approval has not been granted, or is withdrawn, payment for all Products or Services supplied is required on delivery. Where credit has been granted, payment for the Products or Services is to be made on or before 14 days from the date of invoice. Payment must be made in full without set off or deduction. Wholesalepak will investigate any disputed amounts, and if resolved in favour of the Customer, a credit will be issued to the Customer.
4. Title to Products: Ownership in the Products does not pass to the Customer until the Customer has discharged all outstanding indebtedness, whether in respect of the Products or otherwise, to Wholesalepak. Risk in the Products will pass on delivery to the Customer. Delivery may not be refused by the Customer. The Customer grants to Wholesalepak, its agents and servants, leave and licence to enter at any time on and into any premises occupied by the Customer to inspect, search for or remove any of the Products. If the Products are sold by the Customer, the Customer acknowledges that such sale is made by the Customer as bailee for and on behalf of Coffee Serve, to hold the proceeds of sale on trust for Wholesalepak, in an account in the name of Wholesalepak, until payment in full for the Products is made to Wholesalepak.
5. Delivery:
a) Wholesalepak reserves the right to charge for delivery of the Products at any time, notwithstanding that it may not have previously done so. Administrative fees may also be imposed for orders under certain dollar values. Where prices are stated as inclusive of delivery, delivery is to the delivery point specifically accepted by Wholesalepak.
b) A delivery fee of $14.95 + gst will be incurred on all orders under $150 in the Sydney Metropolitan area. Interstate orders attract a quoted freight charge.
6. Returns: Wholesalepak will accept returns in accordance with the terms and conditions of its then current returns policy available at www.wholesalepak.com.au or upon Customer request.
7. Customer Specific Stock: Where Wholesalepak has agreed to procure and/or warehouse and/or distribute Products specifically for the Customer, the Customer must, within 30 days of request, purchase all stock then warehoused and held at the then prevailing supply price. Where the Customer does not do so, Wholesalepak may dispose of the affected Products without liability for any loss or damage suffered by the Customer as a result. The Customer indemnifies Wholesalepak against all claims, demands, loss, costs and expenses incurred by or made against Wholesalepak, arising out of any actual or alleged infringement of patents, copyright, trademarks, design rights or other intellectual property rights, by any logo, design, copyright or other material that Coffee Serve may use, print or reproduce at the Customers request.
8. Liability: To the fullest extent permitted by law, Wholesalepak excludes all warranties and representations in respect of the supply to the Customer of the Products. Where any of the consumer guarantees under the Competition and Consumer Act 2010 (the CCA) apply to any Products supplied by Wholesalepak to the Customer, and the CCA voids or prohibits provisions in a contract excluding, restricting or modifying such consumer guarantees, then, to the fullest extent permitted by law, the liability of Wholesalepak under or arising out of the supply of goods and services for breach of, or failure to comply with, any such consumer guarantees shall be limited, at the option of Wholesalepak, to:
(a) If the breach or liability relates to goods:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of the goods;
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(iv) the payment of the cost of having the goods repaired;
(b) if the breach or liability relates to services:
(i) the supplying of the services again; or
(ii) the payment of the cost of having the services supplied again.
Except to the extent that the law, including the CCA, provides that liability is not able to be excluded, Wholesalepak shall not be under any liability to the Customer in respect of any loss or damage (including consequential or indirect loss or damage or loss of profits, loss of use or loss of data), however caused, which may be suffered or incurred or which may arise directly or indirectly in respect of the Products, any services supplied by Wholesalepak or the failure of Wholesalepak to comply with these terms and conditions.
9. Conflicts: These terms and conditions will apply to the exclusion of all other terms and conditions contained in the Customer’s order. In the event of any inconsistency, Wholesalepak will be deemed, by delivering the Products to the Customer or supplying services to the Customer, to have made an offer to the Customer to sell the Products or supply the services pursuant to these terms and conditions, which offer will be deemed to have been accepted if the Customer retains the Products or accepts the services. Wholesalepak reserves the right to change these Terms and Conditions at any time.
10. GST: Wholesalepak reserves the right to recover from the Customer all goods and services tax (“GST”) payable in respect of the supply of goods and services to the Customer.
11. Jurisdiction: These terms and conditions are governed by and will be construed in accordance with the laws of New South Wales and the parties agree to submit to the jurisdiction of the courts of that state.
12. Waiver: The failure by Wholesalepakto exercise, or any delay in exercising, any right, power or privilege available to it under these terms and conditions will not operate as a waiver thereof or preclude any other or further exercise thereof or the exercise of any other right or power.