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Terms & Conditions
TRADING TERMS AND CONDITIONS
1.1 Chrystal & Co Pty Ltd (ACN 008 680 822) (trading as Caterlink) (Caterlink); and
1.2 The Party Specified in the Relevant Quotation (you/ your).
2. QUOTATIONS AND ORDERING
2.1 The Purchase Price for Goods (Purchase Price) is the one set out on Caterlink’s website or advised by Caterlink over the phone at the time you request a written quotation for Goods (Quotation). Caterlink makes every effort to ensure prices and product information on Caterlink’s website, catalogues or advertisements are correct and up-to-date, however, to the maximum extent permitted by law, Caterlink assumes no liability for any mistakes displayed on Caterlink’s website, including due to third party mistakes or human error.
2.2 If you are provided with a Quotation:
(a) it shall remain valid for acceptance by you for thirty (30) days after the date of the Quotation; and
(b) unless otherwise specified by Caterlink in writing, a deposit (Deposit) of 50% of the total quote value must be paid in full as a condition to Caterlink’s acceptance of your order.
2.3 Goods may be ordered from Caterlink by signing and returning a Quotation (or via such other methods as may be notified and accepted by Caterlink from time to time).
3. PAYMENT AND TAXES
3.1 You must pay to Caterlink, in full, as required under clause 3.2, the Purchase Price (less any Deposit already received by Caterlink), together with any applicable delivery and installation fees (if any) any and all applicable goods and services tax (GST).
3.2 For the purpose of clause 3.1, payment must be made:
(a) if you have a Cash Account with Caterlink, prior to the relevant Goods leaving the Caterlink Premises;
(b) or, if you are an Account Customer, within 30 days of the date of receipt by you of an invoice from Caterlink.
3.3 All prices provided to the you for any supply of Goods are GST exclusive unless otherwise specified. Credit card transactions will incur a 1% surcharge (inclusive of GST). Debit cards are not subject to a surcharge.
3.4 If payment is not received or Caterlink Accounts is notified of your failure to pay, Caterlink reserves the right to utilise a collection agency to recover the Amount Owing.
4. TITLE & GOODS IN TRANSIT
4.1 Title to each Good will remain with Caterlink, subject to and conditional upon Caterlink having received (in cleared funds) all Amounts Owing pursuant to the relevant Quotation.
4.2 Subject to clause 4.3, the Goods will be provided to you EXW (Incoterms 2010) Caterlink Premises, such that you are wholly responsible for the loading, collection and transportation of those Goods from the Caterlink Premises and all risk in those Goods will pass to you when those Goods leave the Caterlink Premises and the carrier of those Goods will be taken as being your agent.
4.3 Caterlink may agree to provide Goods to you CIF (Incoterms 2010) FO the Customer Premises, in which case:
(a) by entering into this Contract, you are deemed to have appointed Caterlink as your agent to arrange shipping on your behalf, unless otherwise agreed in writing between the parties;
(b) while Caterlink will use reasonable endeavours to procure delivery of the Goods that have been purchased by you to the Customer Premises within any timeframe provided to you, which is indicative only, Caterlink is not liable in any way for any Loss arising from any delay in delivery: and
(c) risk in each Good shall pass from Caterlink to you when that Good is delivered on-board the performing vehicle at the point of loading.
4.4 Lead times can only be supplied once the relevant order is confirmed by the relevant manufacturer in writing, after which time you shall be notified within a reasonable time.
5. RETURNS AND CANCELLATION
5.1 You must thoroughly inspect all Goods, including to identify any Defects, promptly upon delivery or collection (as applicable), and in any event within ten (10) business days of delivery, notify Caterlink in writing if there is any error in the Goods received or you wish to return any Good for any reason.
5.2 Caterlink may, at Caterlink’s sole and absolute discretion, agree in writing to accept the return of Goods requested by you, in which case, the Goods must be:
(a) returned with the original packaging, in unsoiled, undamaged and resalable condition together with a copy of the relevant invoice; and
(b) returned to the Caterlink Premises, at your cost and expense.
5.3 You acknowledge and agree that if Caterlink agrees to the return of any Good, other than a Defective Good, Caterlink may, at Caterlink’s sole discretion, charge a handling/ restocking/ cancellation fee of an amount up to 30% of the value of the Goods charged to you, payable by you prior to Caterlink accepting delivery of the returned Goods.
5.4 Any and all credits which may be awarded to you (at Caterlink’s discretion) under this Contract are to be reviewed by Caterlink’s Purchasing Manager and cannot be processed until approved in writing by them.
6. CUSTOM MADE & MANUFACTURED ITERMS
6.1 Custom made and manufactured Goods cannot be cancelled after an order has been placed.
6.2 You acknowledge and agree that any deposit refunds/credits will not be given on these items and any payments either in part or full will be used to recover costs for materials or labour incurred by the manufactured order.
7. PRODUCT WARRANTIES
7.1 You must notify Caterlink in writing as soon reasonably practicable upon becoming aware of, any Goods which you consider to be Defective (Defect Notice).
7.2 If you provide a Defect Notice to Caterlink, Caterlink may inspect the relevant Good to determine whether it is Defective (acting reasonably).
7.3 Subject to clause 7.4, during the relevant warranty period (Warranty Period) as set out in the Product Warranty Terms in Annexure A (Product Warranty Terms), if any Good, or part of any Good purchased by you is determined to be Defective, the warranty claim must be notified to Caterlink (not the manufacturer) and, subject to the Product Warranty Terms, Caterlink will arrange for the defect to be remedied in the manner determined by Caterlink at its sole and absolute discretion, including (without limitation) by repairing or replacing the relevant Goods, provided that:
(a) you have complied with all of your obligations in this Contract and have provided to Caterlink a Defect Notice in respect of the relevant Good, or part thereof, within the Warranty Period;
(b) you have provided Caterlink with a reasonable opportunity to inspect the relevant Good;
(c) the Defect is not caused by any assembly, construction, alteration, modification, adjustment, operation, servicing, repair, maintenance or storage of the Goods by you which is in a manner contrary to the terms of this Contract, the Manufacturer’s Guidelines, or Good Industry Practice;
(d) you have complied with all reasonable directions Caterlink provide to you regarding the return of the relevant Goods (or parts thereof) which are, or are alleged to be, Defective; and
(e) there is not any outstanding Amount Owing.
7.4 Notwithstanding any other clause, you acknowledge and agree that:
(a) your right to claim for any Defect is subject to and conditional upon there being no Amount Owing, and you using, and performing regular ongoing maintenance in respect of, the relevant Goods in accordance with the Manufacturer’s Guidelines; and
(b) Caterlink does not provide a replacement loan unit or credit whilst any Goods are being repaired unless otherwise agreed.
8. YOUR OBLIGATIONS
8.1 You acknowledge and agree that you are solely responsible, and Caterlink shall not assume any liability, for:
(a) the assembly, construction and installation of the Goods (which you acknowledge and agree must be undertaken exclusively by a Caterlink approved technician, failing which, any warranty available to you under this Contract may be voided);
(b) any user error in respect of the Goods due to your non-compliance with the Manufacturer’s Guidelines; and
(c) preserving the Goods in good working order (save for fair wear and tear) and arranging for service and repair of all Goods in accordance with the Manufacturer’s Guidelines and Good Industry Practice (other than under the Product Warranty Terms).
8.2 You represent and warrant, for the benefit Caterlink you will comply with all applicable Laws in relation to the assembly, construction, servicing and maintenance of the purchased Goods and where you enter into this Contract as the trustee of any trust, you warrant that you have full power and authority to do so and that you shall be bound by this Contract in your own capacity and in your capacity as the trustee of that trust.
9. LIABILITIES AND INDEMNITIES
9.1 Subject to clause 9.2, you shall be responsible for, and indemnify and hold Caterlink and each of Caterlink’s Personnel (collectively, Indemnified Persons) harmless from and against, any Loss caused or incurred by:
(a) any breach of this Contract by you (or your Personnel), including all costs expenses or disbursements incurred by Caterlink in the maintenance of your account including debt collection, agency fees, legal costs (on a solicitor/client indemnity basis) and dishonour fees;
(b) any assembly, modification, construction, maintenance, installation, servicing or repair of any Goods performed by you or your Personnel; and
(c) your Personnel, as a result of personal injury or death.
9.2 To the maximum extent permitted by law, the Indemnified Persons excludes and you irrevocably agree to release each Indemnified Person from, any and all liability (whether arising in contract, tort or otherwise) that any of the Indemnified Persons may have for any Loss arising from any reliance on, or the availability, use, quality, correctness, completeness or any statement or representation regarding the suitability of the Goods.
9.3 To the maximum extent permitted by law, Caterlink’s liability pursuant to any guarantee, condition or warranty, or any other right or remedy, pursuant to any legislation, or which is implied into this Contract by any legislation (Statutory Warranties), is hereby excluded.
9.4 Where Caterlink is liable pursuant to any Statutory Warranties, and any legislation avoids or prohibits provisions in this Contract excluding or modifying the application, or exercise, of or liability pursuant to, such Statutory Warranties, Caterlink’s liability for any breach of such Statutory Warranties shall be limited, at Caterlink’s option, to one or more of the following:
(a) if the breach relates to any goods, the replacement of the relevant goods, the supply of equivalent goods or the refund of any fees you paid for the goods; and
(b) if the breach relates to any services, the supplying of the services again, the payment of the cost of having the services supplied again or the refund of any fees you paid for those services.
9.5 Notwithstanding any other clause, no party will be liable to the other party (or their respective Personnel) for any Consequential Loss (save for fraud, dishonesty or wilful misconduct), howsoever caused, suffered or incurred in connection with this Contract.
9.6 You acknowledge and agree that Caterlink’s reliance on the limitations of liability in this clause 9 is fair and reasonable in all the circumstances.
10.1 In this clause 10, words and phrases that have defined meanings in the Personal Property Securities Act 2009 (Cth) (PPSA) have the same meanings as ascribed to them in the PPSA and reference to a section is a reference to a section of the PPSA.
10.2 Where requested by Caterlink and agreed to by you, as security for performance of your obligations pursuant to this Contract, including payment of Amounts Owing, you:
(a) grant to Caterlink a security interest in all Goods purchased by you pursuant to this Contract (and all proceeds) (Secured Property); and
(b) acknowledge that, pursuant to clause 10.2(a), you have granted to Caterlink a purchase money security interest in the Secured Property (and all proceeds).
10.3 Until all Amounts Owing have been received by Caterlink:
(a) you are not entitled to grant or permit any form of security interest over the Secured Property or any accounts in relation to the Secured Property;
(b) you acknowledge and agree that, where you are in breach of this Contract, Caterlink may enter into the premises located at the Customer Premises (or the premises of an associated company or agent where any Secured Property is reasonably likely to be located) and to seize or take repossession of the Secured Property located at that place; and
(c) Caterlink may keep, resell or otherwise dispose of any Secured Property which Caterlink have seized or repossessed in accordance with clause 10.3(b).
10.4 If any Secured Property supplied to you becomes part of a product or mass or are otherwise dealt with or disposed of (unless and until purchased by you in accordance with clauses 3.2 and 4.1), then:
(a) you acknowledge and agree that any dealings or disposals in the collateral giving rise to proceeds does not extinguish Caterlink’s security interest and that those proceeds are to be held by you as trustee and agent for Caterlink;
(b) Caterlink’s security interest continues in the other property, product or mass; and
(c) references to the Secured Property supplied to you shall include the other property, product or mass.
10.5 The parties agree that, pursuant to section 275(6), neither party will request or be obliged to disclose information of the kind mentioned in section 275(1).
10.6 You irrevocably agree:
(a) that Caterlink may register the security interest granted pursuant to clause 10.2 on the Personal Property Securities Register in any manner Caterlink consider appropriate and that any costs incurred in registering, amending or releasing will be charged to you and added to the Amount Owing;
(b) as a grantor pursuant to the PPSA, you have waived your rights to receive any notice required by any provision of the PPSA to the maximum extent that such a right can be excluded; and
(c) to the extent the law permits, section 143 is excluded, and that Caterlink, as secured party, need not comply with sections 95, 118, 121(4), 125, 130, 132(3)(d) or 132(4).
Account Customer means a customer who has submitted an application form to purchase Goods on 30 day payment terms in accordance with clause 3.2(b) which has been accepted by Caterlink.
Amounts Owing means all amounts owed, but not paid, by you pursuant to this Contract, including, without limitation, any accrued interest, fees or expenses agreed to be paid by you.
Bank Guarantee Policy means Caterlink’s ‘Bank Guarantee Policy’ (as amended from time to time).
Cash Account means where a customer purchases Goods in cash.
Caterlink Premises means, in respect of a given delivery, the premises specified by Caterlink to you in writing prior to the date of collection.
Consequential Loss means loss of bargain, loss of revenue, loss of reputation, indirect loss, loss of profit, loss of actual or anticipated savings, lost opportunities, loss or damage in connection with claims against a party by third parties or loss or corruption of data.
Contract means this agreement and the relevant Quotation.
Customer Premises means your place of business as specified in writing to Caterlink.
Defective means the failure of a Good to meet the Goods Specifications (including Product Warranties (as defined in Annexure A)) or the requirements of this Contract.
Good Industry Practice means the servicing and repair of Goods to a high quality, in a professional manner and to the standard ordinarily expected of competent food, beverage and catering businesses in Australia.
Goods means any goods supplied to you pursuant to this Contract.
Goods Specifications means the specifications provided by Caterlink, or at Caterlink’s direction, pertaining to the Goods.
Loss means any costs, damages, loss, demands, legal proceedings, claims, actions, fines, penalties, obligations, liabilities or expenses of any nature.
Manufacturer’s Guidelines means the guidelines provided by the manufacturer of the relevant Good.
Personnel means, of a party, that party’s employees, officers, contractors, Related Entities (as that term is defined in the Corporations Act 2001 (Cth)) and subcontractors, and employees, officers, contractors and Related Entities of those subcontractors.
Annexure A – Product Warranty Terms
The following additional Product Warranty Terms apply in respect of the Goods:
1. The Goods Specifications in respect of any Goods may contain product warranties from the relevant manufacturer upon which you may be entitled to a remedy (each, a Product Warranty), which you agree shall be exercised exclusively in accordance with this Contract. Please advise if relevant warranty information is not supplied with your Goods.
2. Caterlink manufactured Goods include a commercial warranty of 12 months for parts and labour, and used Goods have a warranty period of 3 calendar months from the date of collection, unless otherwise specified by Caterlink in writing. References in this Annexure A to ‘Product Warranty’ includes reference to warranties provided by Caterlink in accordance with this clause 2.
3. Where you notify Caterlink of a warranty claim in accordance with clause 3 of the Contract, Caterlink will arrange with the relevant manufacturer of the Goods, on your behalf, for any warranty repairs to the Goods which are required, provided that all repairs made under any Product Warranty must occur during normal business only (specifically 8.30am-5pm during business days) and any servicing required outside this period must be arranged and paid for by you.
4. You acknowledge and agree that:
(a) the availability of any repairs under these Product Warranty Terms are subject to the terms of the relevant Product Warranty (and the Manufacturer’s Guidelines more generally) and Caterlink assumes no liability for the availability or unavailability of any such Product Warranties;
(b) while Caterlink will use reasonable endeavours to procure repairs in accordance with paragraph 3 immediately above, any timeframe provided to you is indicative only and Caterlink is not liable in any way for any Loss arising from any delay in servicing occurring. Caterlink notes in particular that various of Caterlink’s suppliers and manufacturers are based in the Eastern States, which may cause delays (including as a result of time differences) in repairs;
(c) Caterlink’s Product Warranty (if any) does not include transport costs to and from the recognised service agent, for items that have a “Back to Base” only manufacturer’s warranty and you will be required to pay or organise transport and collection;
(d) manufacturers will cover travel costs within 40/50km of the Perth metro area you will incur the additional travel fees and associated costs for travel costs outside of this area;
(e) any out of hours services provided by the manufacturers offer out of hours service, will be at your cost;
(f) unless otherwise specified by Caterlink, all taps are to be supplied by plumbers and penetrations (tap holes) to sinks and benches are not covered within the Product Warranty;
(g) connections to services (including plumbing and electrical) are by others. All equipment must be installed & commissioned by a qualified technician in strict accordance with the manufacturer’s instructions & local health department regulations and any failure to do so may void warranty and incur additional charges which Caterlink will not be accountable for;
(h) incorrect gas and electrical supply, incorrect installation (excluding Caterlink installed), glass, door seals, misuse, ambient environmental conditions outside of manufacturers recommendation (temperature, humidity, water quality), curtains and non-critical components are not covered by any Product Warranty; and
(i) the Product Warranty does not cover misuse or abuse or electrical supply fluctuations.
5. You acknowledge and agree that:
(a) all manufacturers will require card details up front before they send a tech out. This is to ensure if the fault is deemed non-warranty the charges will be paid for by you;
(b) manufacturers may offer out of hours service, but this will be at your cost;
(c) some manufacturers may prefer you to log directly with them but Caterlink will advise you of that at the time you log the request;
(d) if your request is urgent, Caterlink recommends (and permits) you contacting the manufacturer directly, noting that while your immediate on hold wait time may be longer it could get the job into their system quicker;
(e) remote customers may incur longer wait times whilst the manufacturer sources a local tech; and
(f) incorrect gas and electrical supply, incorrect installation (excluding Caterlink installations), glass, door seals, misuse, ambient environmental conditions outside of manufacturers recommendation (temperature, humidity, water, quality), curtains and non-critical components are NOT Covered under warranty.
To Log a Warranty Request please follow one of the below: