Terms and Conditions.
These conditions of sale apply in respect of offers to sell, contracts and other commercial transactions for the supply of goods and services by “Thomas Catering Equipment” hereafter called the seller.
1.1 Unless otherwise agreed by Thomas Catering Equipment in writing, these terms and conditions apply exclusively to every agreement and cannot be varied or replaced by any other agreement.
1.2 The acceptance of all quotations must be in writing and accompanied by sufficient information in the seller’s opinion to enable the seller to proceed with the order immediately otherwise the seller is to be at liberty to amend the quotation price(s) to cover any increase in cost which has taken place after acceptance. Any samples must be paid for or returned to the seller’s office, carriage paid, within one month from the date of receipt.
1.3 Any quotation provided by Thomas Catering to the Customer for the proposed supply of
goods or services is:
(a) Valid for 30 days;
(b) An invitation to treat only;
(c) Only valid if in writing.
1.4 It is the Customer’s responsibility to provide Thomas Catering with its specific requirements in relation to the goods and services.
2.1 Notwithstanding, an acceptance of any order or contract is subject to the subsequent obtaining of satisfactory credit reference on the customer’s ability to carry out the customer’s part of the contract. The seller reserves the right to vary the terms of payment in accordance with any credit standing of the customer.
2.2 All equipment is owned and property of Thomas Catering until all payments have been made.
2.3 Thomas Catering reserve the right to remove all property after the 30 day credit period if the amount has not been made in it’s entirely.
2.4 All prices quoted are for the supply of goods or services are excluding GST or any other taxes in relation to goods and services.
2.5 Payment for the goods and/or services must be made within 30 days of the end of month in which Thomas Catering’s’ invoice is raised (Account holders only)
2.6 Thomas Catering reserves the right to require payment in full prior to the delivery of the
goods or completion of the services.
2.7 Merchant or other fees incurred as a result of payment by credit card will be charged to the Customer’s account.
3.1 All machine prices, unless specified otherwise, include delivery.
3.2 Thomas Catering will nominate and coordinate a carrier on the Customer’s behalf unless otherwise instructed by the Customer.
3.3 The Customer will inform Thomas Catering of all necessary details so that Thomas Catering can affect the delivery of the goods.
3.4 The Customer may nominate its own carrier, in which case it must coordinate the delivery with Thomas Catering.
3.5 Unless otherwise agreed in writing, the Customer will be responsible for all costs associated with delivery, including any special packaging or required crating, freight, insurance, and other charges arising from the point of dispatch of the goods to the Customer to the point of delivery.
3.6 The Customer must provide reasonable and proper access to the location specified for delivery.
4.1 Any shortage or error must be notified within seven (7) days of receipt.
4.2 Goods may be credited only with the seller’s written consent.
4.3 If Thomas Catering is unable to deliver or provide the goods or services, then Thomas Catering may cancel the Customer’s order (even if it has been accepted) by written notice to the Customer.
4.4 No purported cancellation or suspension of an order or any part thereof by the Customer is binding on Thomas Catering after that order has been accepted.
4.5 Thomas Catering, in its absolute discretion, may review, alter or terminate the Customer’s credit limit or payment terms without notice.
4.6 If the Customer cancels the order after acceptance by Thomas Catering, then Thomas Catering will be entitled to damages for breach of contract. This includes, but is not limited to, compensation in accordance with Thomas Catering’s Cancellation Policy as in effect at the time of Order Confirmation.
Goods may only be returned to Thomas Catering:
5.1 If the request to return is made in writing to Thomas Catering within 3 days of delivery to site, stating the reason for the requested return;
5.2 If the goods are not optioned or customised in any way or produced to a specific Customer requirement in part or in whole;
5.3 With the prior written authority of Thomas Catering;
5.4 If the Customer pays for all transport and handling costs to Thomas Caterings’ warehouse;
5.5 On the acceptance of the application of a restocking and handling charge, such charge being a minimum of 20% of the invoice value, except where the wrong goods were delivered by Thomas Catering, in which case there will be no restocking or handling charge; and
5.6 If the goods are in an undamaged and unsoiled condition and in the original packaging, unless with the prior written consent of Thomas Catering.