No Products in the Cart
Change-of-Mind Returns and Credits
Subject to clause 16 and the conditions below, Cater Central offers a thirty (30) day change-of-mind return period for eligible standard-stock products, commencing on the date of delivery.
To qualify for a change-of-mind return:
(a) the customer must submit a written return request within thirty (30) days of delivery and obtain Cater Central's written return authorisation before returning the goods;
(b) the goods must be unused, uninstalled, undamaged, complete and in their original packaging, in a condition suitable for resale as new;
(c) the customer must provide proof of purchase and comply with Cater Central's reasonable return, packaging, transport and handling instructions; and
(d) unless otherwise agreed in writing, the goods must be returned at the customer's cost within fourteen (14) days after return authorisation is issued.
Cater Central may decline a change-of-mind return where the applicable conditions are not satisfied. Where a return is approved, Cater Central may deduct or charge a reasonable restocking and handling fee of up to twenty-five per cent (25%) of the invoice value of the returned goods, having regard to the nature of the goods, the work required to process the return, and any costs incurred. Any applicable fee will be disclosed before the return is finalised.
Unless otherwise agreed in writing, approved change-of-mind returns will be credited to the customer's account or refunded to the original payment method, as applicable and permitted by law. The amount credited or refunded may be reduced by applicable authorised fees and costs under this clause.
The thirty (30) day change-of-mind return policy does not apply to custom-made or customised products, products manufactured or configured to the customer's specifications, specially ordered or indent products, products expressly identified as non-returnable before purchase, or products which cannot reasonably be returned to stock as new. These exclusions do not affect any rights or remedies available under applicable law.
Cater Central may, at its discretion, approve returns outside this policy or waive a condition or fee in a particular case. Any such approval or waiver must be in writing and does not establish an obligation to grant the same concession in another case.
This clause concerns change-of-mind returns only. It does not limit any rights or remedies available in relation to goods that are faulty, unsafe, misdescribed or otherwise fail to comply with applicable consumer guarantees.
Return Freight and Associated Costs
Unless otherwise required by law or expressly agreed in writing by Cater Central, the customer is responsible for the reasonable costs of returning approved change-of-mind goods, including freight, insurance, packaging, handling and any reasonable costs of returning the goods to Cater Central, the original supplier or manufacturer.
The customer must follow Cater Central's return instructions and must not dispatch goods to a supplier or manufacturer without prior written authorisation.
Where a return is approved, any applicable freight, handling, restocking or other charges will be communicated to the customer before the return is finalised, to the extent reasonably practicable.
Nothing in this clause requires the customer to bear costs that Cater Central is legally required to bear.
Assembly, Installation, Misuse and Damage
To the extent permitted by law, Cater Central is not obliged to accept a change-of-mind return or provide a discretionary credit for goods that have been assembled, installed, modified, used, mishandled or damaged after delivery, or that have deteriorated while in the customer's possession, where those circumstances mean the goods no longer satisfy the applicable return conditions.
Cater Central is not responsible for costs incurred by the customer for assembly, installation, removal, reinstallation or associated labour where the customer has independently arranged those services, except to the extent required by law or expressly agreed in writing.
Cater Central is not responsible for damage or loss caused by incorrect assembly, installation, commissioning, maintenance, storage or use by the customer or a third party, or by failure to follow the manufacturer's instructions, except to the extent that Cater Central is legally responsible for that damage or loss.
Nothing in this clause excludes or limits any applicable consumer guarantee or other non-excludable right or remedy.
Customised, Specially Manufactured and Specially Ordered Goods
(a) Cater Central is not required to accept a change-of-mind return or cancellation of goods that are custom-made, customised, manufactured or configured to the customer's specifications, or specially ordered or procured for the customer, except where Cater Central agrees in writing or where otherwise required by law.
(b) Once Cater Central has placed a supplier order, commenced manufacture, incurred a non-refundable commitment or otherwise incurred costs specifically for the customer, any requested cancellation, amendment or return is subject to Cater Central's written approval and the applicable terms imposed by the supplier or manufacturer.
(c) To the extent permitted by law, the customer is responsible for reasonable and properly incurred costs, expenses and losses arising from an approved cancellation, amendment or return of such goods, including supplier charges, manufacturing costs, freight, handling and other non-recoverable costs.
(d) The customer acknowledges that customised and specially manufactured goods may have limited or no resale value and that cancellation or return may result in costs that cannot be recovered from the supplier or manufacturer. Cater Central may require payment of a deposit or other amount before committing to manufacture or procure such goods, on terms disclosed to the customer.
(e) Nothing in this clause excludes or limits any rights or remedies that cannot lawfully be excluded, including rights arising where goods fail to comply with applicable consumer guarantees.
Cancellation, Modification and Deferral
No order may be cancelled, modified or deferred without the prior written consent of Cater Central. Cater Central may grant or refuse consent, subject to applicable law, having regard to the status of the order, whether goods have been procured or manufactured, supplier conditions, freight arrangements and the costs or losses that would arise.
Where Cater Central approves a cancellation, modification or deferral, it may impose reasonable conditions and require the customer to pay or reimburse Cater Central for reasonable costs, expenses and losses arising from the change, including applicable supplier cancellation charges, manufacturing costs, freight, handling, administration and reasonable loss of profit where legally recoverable.
Cater Central may also charge a reasonable cancellation, administration or restocking fee of up to twenty-five per cent (25%) of the invoice value of the affected goods, where appropriate in the circumstances and permitted by law. Any fee will be assessed having regard to the nature and status of the order, the costs incurred, the ability to recover or resell the goods, and any other relevant circumstances. Fees will not be imposed so as to recover the same loss twice.
Where goods are customised, specially manufactured or procured specifically for the customer, the customer may be liable for greater actual costs or losses where legally recoverable and where properly arising from the approved cancellation, modification or deferral.
Nothing in this clause gives Cater Central a right to impose a fee or recover a loss to the extent that doing so would be contrary to applicable law.
Limitation of Liability and Events Beyond Control
(a) Liability to the extent permitted by law
To the extent permitted by law, Cater Central excludes liability for indirect or consequential loss arising from or in connection with the supply, use or inability to use the goods, including loss of profit, revenue, business opportunity, anticipated savings, production, contracts or goodwill, except to the extent such liability cannot lawfully be excluded or arises from a liability that cannot lawfully be limited.
Nothing in these terms excludes or limits liability for fraud, wilful misconduct or any other liability that cannot lawfully be excluded or limited.
Subject to applicable law, Cater Central's obligations in relation to a product defect or failure are limited to the remedies required by law, any applicable manufacturer's warranty and any additional written warranty expressly provided by Cater Central.
(b) Australian Consumer Law and permitted limitations
Nothing in these terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred by the Australian Consumer Law or other applicable legislation that cannot lawfully be excluded, restricted or modified.
Where the customer acquires goods or services in circumstances in which the law permits Cater Central to limit its liability, and the relevant statutory requirements are satisfied, Cater Central's liability may be limited to one or more of the following, at Cater Central's election where legally permitted:
(i) in the case of goods, the replacement of the goods or the supply of equivalent goods;
(ii) the repair of the goods;
(iii) payment of the cost of replacing the goods or acquiring equivalent goods; or
(iv) payment of the cost of having the goods repaired.
Any limitation under this paragraph applies only to the extent permitted by applicable law and does not apply where the law prohibits such a limitation.
(c) Events beyond reasonable control
To the extent permitted by law, Cater Central is not liable for delay or failure to perform an obligation to the extent that the delay or failure is caused by an event beyond its reasonable control, including natural disasters, floods, fire, war, civil unrest, government action, industrial disputes, transport disruptions, supplier failures, shortages of goods or materials, or interruptions to utilities or essential services.
Cater Central will take reasonable steps to minimise the effects of such an event and, where reasonably practicable, notify the customer of material delays. Any affected obligation will be suspended for the period and to the extent it is prevented or delayed by the event. If the delay continues for an extended period, the parties will discuss a reasonable way forward, subject to any rights or remedies available under applicable law.
(d) Product use, third-party components and consumables
To the extent permitted by law, Cater Central is not responsible for loss or damage caused by misuse, improper storage, unauthorised modification, incorrect installation or maintenance, failure to follow manufacturer instructions, or the use of unsuitable or incompatible components, accessories or consumables supplied or selected by the customer or a third party.
Where a product failure is alleged to have resulted from a component, accessory or consumable supplied by another party, Cater Central may reasonably investigate the cause and, where appropriate, refer the customer to the relevant manufacturer or supplier. Cater Central remains responsible for any liability imposed on it by applicable law and nothing in this paragraph excludes or limits any non-excludable consumer guarantee or other legal right.
Warranties
Subject to these terms:
(i) CaterCentral at its discretion may repair or replace any goods to remedy any failure due to faulty workmanship or materials, provided that such goods may have acceptable variance (as determined by CaterCentral).
(ii) the customer acknowledges that any warranty given in respect of plant and equipment is the warranty of the manufacturer of the goods and that CaterCentral is not responsible for such warranties and gives no warranty of its own in respect of the said goods;
(iii) CaterCentral, or its representatives, being given access to the goods for the purpose of inspection and rectification of any claim;
(iv) the customer not having repaired or undertaken to repair the goods without the prior authorisation of CaterCentral nor altering the goods in any way;
(v) the customer having used and maintained the goods in accordance with the manufacturer’s recommendations, their failure not being the result of incorrect or poor maintenance by the customer;
(vi) the customer acknowledging that it has not relied upon any advice given by Cater Central, its agents, servants, representatives or employees in relation to the suitability for any purposes of the goods