Terms & Conditions

Definitions
1. In these terms and conditions agreement means any agreement or contract entered into for the provision of goods and/or services by CaterCentral to the customer.

2. “CaterCentral” means Cater Central Pty Ltd (ABN: 66 636 571 858; ACN: 636 571 858). The “customer” means any person, firm or corporation requiring goods or services from CaterCentral. “Goods” means goods supplied from CaterCentral to the customer or purchaser. “GST” means the goods and services tax as defined in a New Tax System (Goods & Services Tax) Act 1999 as amended. “Terms” means these terms and Conditions of Sale.

3. The customer wishes to buy goods and services from CaterCentral.

4. CaterCentral has decided to sell and/or provide the goods and services to the customer.

Basis of Agreement
5. No amendment, alteration, waiver or cancellation of any of these terms is binding on CaterCentral unless confirmed by CaterCentral in writing. The customer acknowledges that no employee or agent of CaterCentral is authorised to make any representation, warranty or promise in relation to the goods sold pursuant to this agreement or these terms of sale, other than as contained in these terms or as confirmed in writing by CaterCentral.

6. Any written quotation provided by CaterCentral to any of its customers concerning the supply of goods and services is:

(i) valid for thirty (30) days;

(ii) an invitation to treat only;

(iii) subject to the customer offering to enter into an agreement in accordance with these terms. Such agreement shall be deemed to be accepted by CaterCentral when CaterCentral confirms its acceptance of such offer in writing or by electronic means or delivers goods to the customer.

7. CaterCentral has no obligation to accept any offer from any customer and may by notice in writing vary or amend these terms at any time, provided that such variation or amendment would only apply to offers accepted by the customer after the date of such notice of variation.

8. All prices quoted in the written quotation or verbally to the customer for the supply of goods include GST and other taxes and duties payable in respect of the goods unless stated otherwise.

Payment
9. Unless CaterCentral shall otherwise agree, payment for goods and services must be made in full prior to delivery of the goods or provision of any services. Payment by cheques are not made until the payments under the proceeds of the cheques are cleared.

10. Payment terms may be revoked or amended at the sole discretion of CaterCentral by CaterCentral giving written notice to the customer.

Passing of Property
11. (a) Until the full payment in cleared funds is received by CaterCentral for all goods to be supplied by CaterCentral to the customer as well as any other amount which may be owing to CaterCentral by the customer:

(i) title and property in all goods remains vested in CaterCentral and do not pass to the customer and in the event that goods have been delivered by CaterCentral to the customer and no title to the said goods shall pass to the customer who shall hold the said goods as fiduciary bailee and agent for CaterCentral;

(ii) CaterCentral may without notice enter any premises where it suspects any such goods may be and remove them, notwithstanding that they have been attached to other goods, not the property of CaterCentral and the customer irrevocably licences CaterCentral to enter such premises without liability for trespass or any resulting damage and indemnifies CaterCentral against all claims, actions, suits and demands brought by any party arising out of such action;

(iii) Subject to, and in accordance with the Personal Property Securities Act 2009, to keep or resell any Goods repossessed pursuant to paragraph (ii) above.

(b) if the goods are resold, or products manufactured using the goods are sold, by the customer, the customer shall hold such part of the proceeds of any such sale as represents the invoice price of the goods sold or used in the manufacture of the goods sold in a separate identifiable account as the beneficial property of CaterCentral upon request. Notwithstanding the provisions above CaterCentral shall be entitled to maintain an action against the customer for the purchase price and the risk of the goods shall pass to the customer upon delivery.

Risk and Insurance
12. Any risk in the goods and any responsibility to cover the goods by insurance in respect of theft, damage or otherwise passes to the customer upon the goods being dispatched to the customer or collection of the goods by the customer, the customer’s agent or courier as the case may be.

Acknowledgments by the Customer
13. The customer acknowledges that:

(i) it has not relied on any advice, recommendation, information or assistance provided CaterCentral or any employee or agent of CaterCentral in relation to the sale of goods and/or services or the use or application of such goods or services;

(ii) the customer has the sole responsibility to satisfy itself that the goods or services are suitable for the use of the customer or any contemplated use by the customer whether or not such use is known to CaterCentral; and

(iii) any description of goods provided in a quotation or notice is given by way of identification only and the use of such description does not constitute a contract of sale by description;

(iv) the customer must provide to CaterCentral particulars of its Australian business number, its order number and the quantity and model number, its delivery address and insurance details when CaterCentral requests it.

(v) once a deposit has been paid, goods may be held for a maximum of 4 weeks only from date of order at the CaterCentral Warehouse. Should any order(s) be required to be held longer by CaterCentral, a 5% charge will be incurred based on the purchase price of the order per week until the goods are ready to be picked up or dispatched.

Delivery
14. CaterCentral shall provide to the customer the estimated dates of delivery and will use its best endeavours to maintain such estimates, but shall not be liable to the customer in the event that such estimates cannot be maintained. Average delivery days will be 7 days up to a maximum of 14 days unless otherwise communicated. If you still have not received your purchase within this time frame, please contact us URGENTLY.

15. The obligations of CaterCentral as to delivery shall extend to the delivery of goods to the kerbside or street level only. In the event that there are additional delivery requirements the customer shall notify CaterCentral at a reasonable time prior to any such delivery and any additional costs thereby incurred shall be to the customer’s expense.

Inspection, Returns and Cancellation of Goods
16. Inspection and Notification of Issues
The customer must inspect goods as soon as reasonably practicable following delivery and notify Cater Central in writing of any apparent shortage, incorrect supply, transit damage or apparent non-conformity within two (2) business days of delivery, providing reasonable details and supporting evidence where available.

Where a customer does not provide notification within this period, Cater Central may take that delay into account when assessing the circumstances and any resulting loss or damage. To the extent permitted by law, Cater Central is not responsible for loss, damage or additional costs that could reasonably have been avoided through timely notification.

Nothing in this clause deems goods to have been accepted, or excludes, restricts or modifies any rights or remedies that cannot lawfully be excluded, restricted or modified under the Australian Consumer Law or other applicable law.

17. 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.

18. 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.

19. 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.

20. 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, Amendment and Deferral of Orders
21. 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

22. 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
23. 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

Linked Credit Contracts
24. (a) CaterCentral may from time to time offer credit contracts by financiers to customers;

(b) The customer acknowledges that they have received a copy of the credit contract from CaterCentral at the time of executing the Terms and Conditions of sale;

(c) CaterCentral discloses that it may receive a commission from the credit provider for referring the customer to the credit provider;

(d) CaterCentral has advised the customer to seek their own independent legal advice prior to entering into the credit contract and/or approach a credit provider of the customer’s own choice;

(e) CaterCentral shall not be liable for any claims for damages arising from the customer entering into any credit contract with the credit provider and the customer shall satisfy themselves of all matters arising from the credit contract and shall indemnify and hold harmless CaterCentral for any damages and losses arising from the credit contract.

Miscellaneous
24. This agreement shall be construed in accordance with the laws of the State of Western Australia and the parties agree to the non-exclusive jurisdiction of the Courts of the State of Western Australia and of Courts entitled to hear appeals from these Courts.

25. Failure by CaterCentral to enforce any of these terms shall not be construed as a waiver of any of CaterCentral’s rights.

26. If any of the terms of this agreement shall be unenforceable such terms shall be read down so as to make it enforceable or if it cannot be read down the condition shall be severed from these terms without affecting the enforceability of the remaining terms and conditions.

27. Any notices given by either party to this agreement may be delivered personally or sent by facsimile or pre-paid mail to the last known address of the addressee and shall be deemed to be received upon posting or receipt of facsimile transmission or email.

Waiver and Assignment
28. No failure by CaterCentral to insist on strict performance of any of any terms in these terms is a waiver of any right or remedy which CaterCentral may have and is not a waiver of any subsequent breach or default by the customer.

29. Neither the agreement nor any rights arising under the agreement may be assigned by the customer without the prior written consent of CaterCentral which it may give or refuse at its absolute discretion.