Terms & Conditions
ALL FOOD EQUIPMENT – “GENERAL SALES TERMS, CONDITIONS & ORDERING INFORMATION”
By using this website (www.allfoodequipment.com.au), obtaining any quotes or making any purchases, you agree that to have read, and agree to be bound by, the following terms and conditions (‘Terms’):
This ‘website’ and all of its contents is owned by All Food Equipment, ABN: 27 917 782 569 (herein referred to as ‘All Food Equipment’, ‘we’, ‘us’, ‘our’). For the purposes of these Terms “goods” means the goods sold by All Food Equipment to you. Additionally, ‘you’ means the person/customer to or from whom the goods are to be supplied by All Food Equipment.
All prices listed on the website are noted to be exclusive of GST. . GST will be added to the price for goods at the end of your quote).
- Online Pricing:
Prices advertised on the website do not include any delivery fees unless otherwise stated. For this reason goods are supplied by delivery only. Any delivery fees will be listed in your quote for goods.
- Credit Trade Accounts / Company Purchase Orders:
*We strictly DO NOT grant or accept any trading accounts or credit accounts,
All orders for goods will not be released or delivered to you until we have received full payment in cleared funds for the goods and equipment, including any additional charges payment, including but not limited to GST and delivery fees).
All quotes are an obligation free service and valid for a period of 30 days or until stocks last or prices change from suppliers, from the date of issue by All Food Equipment, unless otherwise agreed.. Pricing details, delivery estimates, and other financial information offered is current at time of display only. Prices are subject to change without notice (some photos are for illustration purposes only and may not reflect the item).
- Acceptance of Sale:
By placing a sales order by purchase order or requesting a tax invoice for the purchase of goods from All Food Equipment implies that you as the purchaser agree to be bound the Terms.
Please contact us direct if you have any further enquires before ordering any goods.
- Stock Availability:
Some items may not be in stock at the time of placing an order. One of our sales consultants will contact you within 24 hours to confirm delivery time and stock availability. Waiting times for goods can vary from 1-2 days for stocked items and in some cases approximately 6-18 weeks for special orders..
- Payment Methods:
We accept the following methods of payment:
– Electronic Bank Fund Transfers (EFT) from the Comfort of Home.
– WestPac Bank Direct Deposits over the Counter Australia wide.
– Cheques (Business & Personal), Mail Cheque with your Quote.
– SilverChef Rental Contract, Rent/Try/Buy Option over 12 Months *conditions apply.
- Equipment Deliveries:
All equipment deliveries of the goods will be made to the premises you advise us at the ’ground floor kerbside’ or the ’loading dock, ‘unless otherwise stated in your quote or agreed to by us, and you acknowledge that if required, it is your responsibility to provide labour and required equipment to unload and position the goods on the premises at the your own expense..
You are required to notify us prior to deliver of any matters that may hinder the smooth deliver of the goods, including any stairs or other access issues preventing a smooth delivery. In the event that delivery of the goods cannot be made due to matters we have not been advised of, the courier or deliverer has right to refuse delivery. If you do not notify us of any matters that may affect deliver, you will be liable for all charged incurred in respect of the inability to deliver the goods, including any extra delivery charges for re-booking fees and all storage fees.
The purchase price does not include any on-site unpacking, placement or positioning of equipment or connection to services or removal of rubbish and packaging or any other matter not noted in your order.
- Delivery Terms:
You are responsible to organise and pay for any electrical and plumbing connections and the cost of any necessary alterations to your premises. All Food Equipment will complete the delivery of the goods on or about the date agreed upon in the order, but this obligation is subject to your premises being ready to receive the installation of the goods.
- Delivery Dates:
All delivery dates quoted are estimates only. We will not be held responsible or liable for any delay in the delivery of the goods We will take all reasonable steps book the deliver goods on time to all however we are not responsible for any delays arising from transport, shipping, non-availability of ordered goods, strikes, lockouts, accidents, fires, wars, acts of God, non-delivery of material or parts by suppliers or any other cause or reason whatsoever beyond our reasonable control. No such delay shall excuse or justify client’s refusal to accept delivery of the goods and we will not be responsible or liable for any delays or costs that may occur as a result of late delivery.
Risk in accepting the goods passes to you on delivery.
- On Delivery:
When the goods are delivered, you are responsible for inspecting and checking the goods whilst in the prescience of the courier or deliverer. If upon inspection the goods have been damaged in transit, please sign on the delivery/courier documents as ‘receive damaged’ and telephone our office immediately on 1300 400 555 to report such damage, and if possible take and send photos of the evidence of the damage via mobile phone. Once you have taken possession of the goods upon delivery and have not reported any damage of the goods in transit as described above, you confirm that you have accepted the goods, and you will not be able to, and we will not accept, any claims or requested by you for the return of the goods,
All Food Equipment are not common carriers.
- Special Imported Item Orders:
Any orders for ’imported goods’ require a 100% payment of the price of such goods and any additional charges, prior to All Food Equipment making an order for the goods with the supplier of such goods. For clarity, ‘imported goods’ are goods that are not in stock and must be imported by All Food Equipment.
While all efforts are made to check pricing and other details, inadvertent errors do occur from time to time and All Food Equipment reserves the right to decline orders arising from such errors. Whilst every possible care is taken, the pictures on this web site are for illustration purposes only and may vary slightly from the selected item or size. In some cases it is meant as a guide only. It is your responsibility to enquire with us directly to ensure the accuracy and currency of the material, prices or information you seek to rely upon.
- Information Disclaimer:
Whilst we take every reasonable care to ensure that the information contained on this site is true and accurate, we cannot give any guarantee or warranty to that effect. In particular, please note that we cannot accept any responsibility for the contents of materials view-able from this site which are not provided or maintained by us.
- Warranty Information:
The goods purchased from All Food Equipment are backed by genuine manufacturer or importers service warranties. Details will be included with your goods. If your good is faulty within the warranty period as specified in warranty provided in respect of each good, please contact the manufacturer’s customer care line as provided with your goods instructions. All Food Equipment will pass on to the purchaser all applicable warranties given by the manufacturer or importer in relation to a particular good. All Food Equipment’s liability to purchasers will be limited to the applicable warranty terms as set out by the manufacturers. These terms are listed for each individual item on the website. Not all warranties are on-site. Smaller goods are back-to-base repair warranty with the purchaser to pay for any freight charges. Please read the warranty carefully when purchasing goods. If you have are any further enquiries, regarding warranties please contact All Food Equipment either by email at firstname.lastname@example.org or on telephone 1300 400 555 before purchasing the goods.This warranty DOES NOT COVER ANY PERISHABLE GOODS or any goods lost due to the fault of any goods sold by All Food Equipment. If an item is out of warranty then you are liable to pay all further charges incurred after the date of expiration of the warranty. Warranties can be voided if you tamper, alter or have another third party repair any faults that may occur during the period of warranty without prior written approval from the manufacturer. If this is the case, you will be fully responsible and liable for the item once the warranty is voided.
- Faulty Goods After Delivery:
If goods received are faulty or there is unhidden damage in any way, you should immediately notify All Food Equipment by phone, fax or email listing your contact name, address, phone and fax numbers our invoice number and details of the fault and what is wrong with the good. The manufacturers need to be contacted immediately in order to rectify any faults and all goods include warranty cards and phone details. Any delivery dockets or consignment notes must be kept and also submitted to All Food Equipment for claims against transport companies. It may be necessary to forward photographs by form of email, phone or post for any items sent in order to assess damage to goods.
To the extent permissible by law and at All Food Equipment’s option the our liability is limited to, to
(a) in relation to the 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) Where the goods are services:
(i) the supply of service again; or
(ii) the payment of the cost of having the services supplied again.
To the extent permitted at law, all other warranties whether implied or otherwise, not set out in these Terms are excluded and All Food Equipment’s is not liable in contract, tort (including, without limitation, negligence or breach of statutory duty) or otherwise to compensate you for:
(c) any increased costs or expenses;
(d) any loss of profit, revenue, business, contracts or anticipated savings;
(e) any loss or expense resulting from a claim by a third party; or
(f) any special, indirect or consequential loss or damage of any nature whatsoever caused by our failure to complete or delay in completing the order to deliver the goods.
We are not responsible and accept no liability for loss or damage arising from the website failures or downtime.
- Health and Food Regulations:
Whilst goods sold by All Food Equipment meet relevant health regulations, you are responsible to establish the conformity of the intended usage of the goods to health and food regulations by the relevant governmental or regularity body in your own State or Territory.
Orders for the purchase of goods may be cancelled under the following conditions;
(a) the cancellation is received before any goods that are specially ordered are manufacture. If not, you will be responsible to take delivery for the goods and pay for them full. If the you should refuse to accept these goods, any deposits or monies paid will be forfeited by you, as there is no return on custom made goods;
(b) Cancellation cannot occur on the day that goods are sent or already collected by the courier. This will not be accepted as sufficient cancellation notice and you will be liable to accept the goods.
A cancellation fee will apply to all cancellation orders being a minimum of 20% to 40% of the purchase price for any tax invoice instructed by you to issue or goods incorrectly ordered with any additional transport costs incurred. You will be issued a credit note of the balance of monies payed.
- Return of Goods:
Goods being returned for credit must be arranged with All Food Equipment and is at your own expense to return the goods at a nominated return address as instructed by All Food Equipment” All goods returned due to change of mind will not be refunded and a credit note will be issued at our discretion. All returned goods are subject to a 20% to 40% restocking fee on purchase price depending on manufacturer, and will only be accepted if returned in original condition unused with packaging, warranty cards and instruction manuals. If the returned item has been used in any way it will not be accepted by All Food Equipment and no credit will be issued. Any goods to be returned must be arranged with “All Food Equipment” in advance and only then at our discretion can items be returned to store for credit. Please note that there are no refunds. There are also, strictly, no refunds for special imported orders.
- Manufacturer’s Right:
Due to continual improvement to the goods for sale on the website, the manufacturer or supplier of the goods may from time to time change specifications, sizes, colours and other details as they relate to the goods without prior warning. As such, we will use our reasonable endeavours to advise of you any such changes.
- Commissioning and Instructions on Use:
All goods sold come with instructions and it is essential that you make yourself familiar with these details. Some good’s operations are simple; others require a more detailed explanation, especially you have not used the type of such good before. For the avoidance of doubt, you are liable to pay for all electrical and plumbing connections or modifications and the cost of any necessary alterations to your premises.
- Care and Maintenance:
Essential to all goods, we recommend that you implement a periodical service maintenance program to assist in maintaining the overall performance of the goods.
- Website Disclaimer:
Illustrations, sizes and colours use on the website are a guideline only. Manufacturing changes can result in variations to illustrations, sizes and colour of the goods noted on the website. All measurements and capacities are approximate and can vary due to manufacturing changes. The depiction of colours is as accurate as reproduction allows. Delivery of illustrated goods are subject to availability and All Food Equipment” cannot be held responsible for delays. Any goods noted on this website may be discontinued without notice. This website is for the general information in order to purchase the goods, and whilst all care has been taken, information in this website is not to be taken as a substitute for specific advice. We accept no responsibility for any person who acts on the contents of this website.
- Intellectual property and restrictions on use of website content:
The websites (allfoodequipment.com.au) are subject to copyright under Australian laws. The copyright in the content on the websites are owned by All Food Equipment or owned by other third parties who have granted licences/s to All Food Equipment. You must not copy, communicate to the public, adapt, transfer, distribute or store any of the contents on these websites including but not limiting any text, pictures or incorporate any part of the websites into another website without obtaining All Food Equipment’s prior written consent.This websites also includes registered and unregistered trademarks. All trademarks displayed on the websites are trademarks of their respective owners. Your access to or use of these websites does not constitute or create a license or any other right to use the names, trademarks, copyrights or any other intellectual property of All Food Equipment or any other party contained on these websites.
To the full extent permitted by law, you agree to, and will, indemnify All Food Services and keep us indemnified from and against any liability and any loss or damage we may sustain, as a result of any breach, act or omission, arising directly or indirectly from or in connection with any breach of any of these Terms by you or your representatives.
- Security Risk:
Third parties may intercept or modify transmissions to and from the websites and it is possible that computer viruses or other defects may be contained in files obtained from or through the websites. All Food Equipment is not liable for any damage that may be a result of your use of the website or of any linked website.
These Terms are to be construed in accordance with the laws from time to time in the State of New South Wales and the Commonwealth of Australia. The parties to the Terms submit to the non-exclusive jurisdiction of the Courts of New South Wales, Australia and any courts which may hear appeals from those courts in respect to any proceedings in connection with these Terms.
These Terms contain all of the terms and conditions of the contract between the parties and may only be varied by agreement in writing between the parties.
Any conditions found to be void, unenforceable or illegal may, to that extent be severed from the Terms.
No waiver of any of these Terms or failure to exercise a right or remedy by All Food Services will be considered to imply or constitute a further waiver by All Food Services of the same or any other term, condition, right or remedy.