Terms and Conditions of Sale
GeneralThe use of this site is governed by the TERMS AND CONDITIONS AGREEMENT OF SALE set forth in the document below. Your use of this site or purchase from Commercial Kitchen Equipment Pty Ltd indicates your acceptance of these terms and conditions. All sales, whether internet based or in store are subject to these terms and conditions. It is important you read and fully understand this document at the time of purchase.
Commercial Kitchen Equipment Pty Ltd reserves the right to make changes to this web site and these terms and conditions at any time without any prior notice.
Commercial Kitchen Equipment Pty Ltd is the service provider; it is also referred to as “CKE“, “us” and “we”.
Customer is the person or organisation who purchases or seeks services from CK Equipment; it is also referred to as “you”.
Commercial Kitchen Equipment Pty Ltd
ABN 33 613 843 413
1 APPLICATION
1.1 These terms and conditions (“the Terms”) contained herein apply to all contracts and agreements between Commercial Kitchen Equipment Pty Ltd and its customers (collectively “the parties”) in respect of all transactions, the goods of which are supplied or delivered by Commercial Kitchen Equipment Pty Ltd to a customer (the Customer). “Goods” means goods as defined by the Trade Practices Act, 1974 (Cth) (“TPA”) and the Sale of Goods Act 1923 (NSW) (“SGA”) that is supplied by Commercial Kitchen Equipment Pty Ltd either to the Customer
1.2 No amendment, alteration, waiver or cancellation of any of these Terms is binding on the Commercial Kitchen Equipment Pty Ltd unless confirmed by the Commercial Kitchen Equipment Pty Ltd in writing.
1.3 The Customer acknowledges that no employee or agent of Commercial Kitchen Equipment Pty Ltd has any right to make any representation, warranty or promise in relation to the Goods its sale or delivery other than as contained in these Terms. The Customer acknowledges that it has not relied on any representation, warranty or promise other than any provided by Commercial Kitchen Equipment Pty Ltd expressly, in writing, signed by the Parties, which has the effect of varying or adding to the Terms agreed.
2 TERMS OF PAYMENT
2.1 All Prices quoted are valid for 7 days and do not include delivery costs. Prices are subject to change without notice. Prices are ex GST.
2.2 Payments are to be made direct to Commercial Kitchen Equipment Pty Ltd, strictly net, without any deduction or discount other than as stated herein or in the relevant invoice or statement.
2.3 Unless otherwise agreed and expressed in writing, payment is required prior to Goods being collected or delivered.
2.4 Prices on the web site are subject to change by the manufacturer. CKE – Commercial Kitchen Equipment is not responsible for price changes not advertised, we will do our best to keep prices update on our site.
2.5 Interest is payable on all overdue accounts calculated on a daily basis at the rate of 15% per annum calculated daily as from the due date for payment until payment is received by Commercial Kitchen Equipment Pty Ltd.
2.6 All images and photos on our web site are for display purposes only, some models and items may vary.
3 RIGHT TO ENTER PREMISES – Where there has been an Event of Default, in addition to termination, the Customer:
3.1 irrevocably authorises Commercial Kitchen Equipment Pty Ltd by itself, its agents or representatives at all reasonable times, without notice, to enter onto (with force if reasonably necessary) and at all necessary time(s), to remain in and on any premises where the Goods are located in order to collect the Goods, without being guilty of any manner of trespass.
3.2 assigns to Commercial Kitchen Equipment Pty Ltd all the Customer’s rights to enter onto and remain in and on such premises until all the Goods have been collected and indemnifies Commercial Kitchen Equipment Pty Ltd against any action claim cost damage suffered by Commercial Kitchen Equipment Pty Ltd in so doing.
4 DELIVERY DATE, DELIVERY & FAILURE TO DELIVER
4.1 Any dates provided by CKE to the Customer as to the availability of Goods are regarded as estimates only and not fixed dates. CKE endeavours to use its best endeavours to provide the Goods on the dates estimated but is not obligated to provide the Goods on such dates and will not be held liable for any loss or damage suffered by the endeavours, or causes beyond our control or losses incurred to the customer as a result of non-delivery.
4.2 Quotes for delivery are for the ground floor, kerbside, loading docks only. No allowance has been made for positioning, installation, connection, assembly, unpacking or removing crates or packing material. This service can be provided for an extra charge. Ask for a site to site service if required.
4.3 The Customer acknowledges that CKE may deliver the Goods prior to the estimated dates provided to the Customer and agrees to accept the Goods notwithstanding the earlier delivery of the Goods and may not refuse to take delivery on the basis of its early delivery, without any recourse as against Commercial Kitchen Equipment Pty Ltd for the recovery of any loss or cost incurred by the Customer as a result of the early delivery.
4.4 At the Customer’s request, Commercial Kitchen Equipment Pty Ltd will arrange for the delivery of the Goods into the Customer’s premises or at alternative premises at the direction of the Customer, solely at the Customer’s expense.
5 CUSTOMER’S RESPONSIBILITY
5.1 It is the customer’s responsibility to ensure that the goods ordered, are suitable for the use intended. The customer has not relied on advice or information supplied by CKE or its staff in relation to the application or use of the goods.
5.2 Once ordered and a deposit paid, the customer has 7 days to pay the balance and take delivery for the goods, otherwise, the order will be cancelled, resulting in loss of deposit (unless prior arrangement has been made to hold the goods longer).
6 RETURNS GOODS
6.1 Goods must be reported as non-compliant within seven (7) days of delivery or pickup
6.2 Commercial Kitchen Equipment Pty Ltd (CKE) will accept goods returned, Any goods found to be damaged and approved for return by the manufacturer will be at the cost of the customer, not Commercial Kitchen Equipment, the Buyer is liable for a 35% restocking Fee. Buyer must also reimburse the seller for any additional costs incurred by the supplier (including additional restocking fees as per suppliers terms and conditions and freight charges and costs).
7 PRICES
1) Prices on the web site are subject to change by the manufacturer. CKE is not responsible for price changes not advertised, we will do our best to keep prices update on our site.
2) All images and photos on our web site are for display purposes only, some models and items may vary.
3) A Pro-forma invoice will be sent to the customer displaying all charges, prior to payment being required.
8 WARRANTY
7.1 All goods sold on Commercial Kitchen Equipment (CKE) web site are covered by the manufactures warranty. CKE is third party sellers and not responsible for the repairs or replacement of faulty equipment.
7.2 The manufactures have the sole right to repair or replace their equipment under their warranty conditions, please visit the manufacturers’ web sites prior to purchasing to read their warranty conditions.
9 RISK & INSURANCE
8.1 The Goods are entirely at the Customer’s risk from the time the Goods leave the Commercial Kitchen Equipment Pty Ltd’s premises notwithstanding Ownership may not pass until payment for those Goods has been received. The Customer assumes all responsibility for filing claims for damage against the carriers and other agents. The Customer must insure the Goods against loss or damage until payment has been received by Commercial Kitchen Equipment Pty Ltd (CKE)
8.2 If any of the Goods are damaged or destroyed after shipment the Customer must direct the insurer to make payment to Commercial Kitchen Equipment Pty Ltd (CKE) of all insurance money payable in respect of the insurance claim made on the damaged or destroyed Goods.
8.3 Any insurance money received by Commercial Kitchen Equipment Pty Ltd (CKE) will be applied firstly against the outstanding price of the Goods that are damaged or destroyed, secondly against the outstanding price of all Goods supplied under contract, thirdly against the outstanding balance payable to Commercial Kitchen Equipment Pty Ltd by the Customer, on any account under other contracts between the Parties and fourthly in payment of any balance to the Customer.
10 GOODS AND SERVICES TAX
9.1 Goods and Services tax [“GST”] has the same meaning as that defined in A New Tax System (Goods and Services Tax) Act 1999. are not included in the quoted price.
9.2 Any Price published by Commercial Kitchen Equipment Pty Ltd (CKE) is excluding GST and the Customer agrees to pay the GST component of the Price in accordance with the relevant Tax Invoice issued by Commercial Kitchen Equipment Pty Ltd.
Further information
If you have any further questions regarding Commercial Kitchen Equipment Pty Ltd ‘s Terms and Conditions of Sale or how we handle your information please contact us or alternatively contact our Sales Manager on 02 8502 9729.