Terms & Conditions
Standard Terms and Conditions of Sale (this “agreement”)
In this Agreement,
the “Customer”
means any person who placed an Order with CATERWORKS SA;
the “Goods”
means any items sold or supplied by CATERWORKS SA under an Order;
“CATERWORKS SA”
means GLEAD PTY LTD(ABN 16 666 451 681) of 14 Pope Street, Beverley, SA 5009
“Order”
means any request or Order to purchase the Goods, and
the “Parties”
refers to the Customer and CATERWORKS SA.
- Validity
1.1 This Agreement is the only form of contract between the Parties and any Customer. Terms and conditions will not apply unless expressly agreed in writing. By submitting an Order, whether through our websites, our stores or by phone, the Customer agrees to apply the terms and conditions of this Agreement in priority over any other agreement between the Parties, except previously agreed
1.2 Any Order is subject to acceptance by CATERWORKS. CATERWORKS is not obliged to accept any Order or to justify refusal of the same. Receipt of payment for Goods by CATERWORKS does not in itself constitute acceptance by CATERWORKS of the Order.
1.3 Caterworks may vary the terms and conditions of this Agreement from time to time by publishing new terms and conditions on our websites or catalogues.
- Goods being Sold
2.1 Descriptions and specifications for the Goods are set out on our website at the time of the Order or the CATERWORKS catalogue from which the Order is placed, provided the catalogue is current at the time of the Order.
2.2 If any Goods are unavailable or out of stock, then CATERWORKS may cancel the Order in whole or in part and refund any monies paid, issue a credit note or otherwise vary the Order with the Customer’s approval.
2.3 Persons aged under eighteen (18) years should not place orders with CATERWORKS.
2.4 Risk in the Goods and all insurance responsibility for theft, damage or otherwise in respect of the Goods shall pass to You upon delivery or collection
2.5 You acknowledge and agree that until payment of all monies owing to CATERWORKS in relation to particular Goods has been received, such Goods shall remain the property of CATERWORKS and no property in or title to the Goods will pass to You.
- Terms of Payment and Payment Methods
3.1 Current prices for Goods are available on our website, which may change from time to time. Occasionally, there may be a discrepancy in price between our website and the price list over the counter or by phone. CATERWORKS is under no obligation to honour a website price if the Order is placed over the counter or by phone. CATERWORKS is under no obligation to honour prices previously advertised. A delivery and/or insurance charge may be payable in addition to the price of the Goods, which will be notified to the Customer before the Customer submits the Order. All prices are quoted in Australian Dollars.
3.2 Unless otherwise stated, all prices quoted exclude GST. GST will be charged in accordance with the relevant regulations in force at the time of the Order.
3.3 Occasionally, an error may cause the price published or advertised for Goods to be incorrect, in which case CATERWORKS will be under no obligation to honour the incorrect price.
3.4 Payment for Goods and Delivery may be made by any of the options listed on our website or catalogue, depending on the method of placing the Order. Bank/Electronic Fund Transfers must include the Order reference number as a payment reference and be made to:
Account Name: GLEAD PTY LTD
BSB: 085086
Account Number: 805281890
3.5 CATERWORKS reserves the right to charge interest on late or overdue payments by the Customer.
3.6 All Orders may be subject to further credit or security checks.
- Delivery and Return
4.1 Delivery prices and options are listed on our websites or catalogues and are subject to change from time to time.
4.2 Certain large, heavy or bulky items and deliveries to offshore/remote deliveries (including Tasmania) will attract higher delivery prices, and delivery times will be longer, depending on the delivery location. Delivery prices and times for these items will be confirmed with the Customer after an Order has been placed.
4.3 CATERWORKS will use reasonable endeavours to ensure its delivery agents meet delivery estimates. However, CATERWORKS cannot be held liable for any delay in delivery.
4.4 Risk in the Goods transfers to the Customer at the time of delivery, but the title will not pass until payment has been made in full for the Goods in question. Customers are advised to notify Caterworks immediately if Goods are delivered in damaged or soiled packaging.
4.5 All large machinery, refrigeration and flat-packed Goods are delivered to the first door (front/rear door) of ground floor locations only in the condition that your shop has flat access. It is the customer’s responsibility to ensure the goods (package sizes) will fit through their premises. If the driver considers the premises' entry too low/narrow to deliver the goods through, the driver has the right to refuse to move the goods inside. The goods will be considered as delivered. The delivery person/driver may, at his discretion, assist in moving the Goods to a location within the premises nominated by the Customer, at the Customer’s sole risk.
4.6 If (i) the Customer will not or does not accept delivery when the Goods are ready for delivery or (ii) Caterworks or its agent cannot effect delivery because Caterworks or its agent considers at the time of delivery that delivery would be hazardous or would be contrary to their policies, industry practice or statutory requirements or (iii) because the Customer has not provided Caterworks with appropriate instructions, documents, licences or authorisations to properly, legally and safely effect delivery of the Goods, risk in the Goods passes to the Customer, the Goods will be deemed delivered, and Caterworks may store the Goods until actual delivery, in which case, the Customer will be liable to Caterworks for all related costs, such as re-delivery charges, storage and insurance.
4.7 Delivery does not include unpacking, positioning or assembling items.
4.8 Goods delivered may be returned for a refund, exchange or replacement if they are damaged or faulty upon arrival. However, this claim must be made in writing and within 7 days after delivery. In addition, the goods must be returned unused, in a saleable condition and in their original packaging.
4.9 Goods that are damaged on delivery must be reported to CATERWORKS within 24 hours. Large Goods such as fridges must be visually inspected by Customers on delivery for damage, and an acceptance of the delivery docket must be completed, noting any damage that resulted from delivery. Goods that are missing, delivered defective by CATERWORKS may be replaced, repaired, refunded or exchanged at CATERWORKS' discretion, provided CATERWORKS is informed in writing within 7 days. Certain Goods may be disposed of in accordance with CATERWORKS' safety instructions for replacement, refund or exchange with CATERWORKS's prior approval.
4.10 Clauses 4.8 and 4.9 above do not apply to any defect in the Goods caused by the fault, negligence or failure of the Customer to adhere to manufacturer instructions. Engineer call-outs and repairs on non-warranty faults or defects will incur additional charges.
4.11 Please note that CATERWORKS does not offer refunds, credit or replacements if customers have changed their minds about the product, make an incorrect choice, or fail to verify and accurately provide information when placing an Order.
- Warranty
5.1 Our new products are warranted (parts and labour) against workmanship failure or material defects arising from normal use for 12 months from the date of purchase, unless arranged with a longer period at purchase time between Customers and CATERWORKS. Shipping and Labour charges are not included in this warranty. We will replace or repair at our discretion any item found to be defective in materials or workmanship. This warranty applies only to the original purchaser residing in Australia, and is not transferable.
5.2 For more details about our warranty policy, please read through our Warranty Policy on our website or ask for a hard copy from our staff.
- Termination
6.1 CATERWORKS reserves the right, by notice to the Customer, to cancel or suspend any Order where payment has not been received in accordance with clause 3 above.
6.2 CATERWORKS reserves the right to terminate this Agreement if the Customer cannot pay its debts or becomes bankrupt or has a winding-up order made or an administrator, liquidator, receiver or similar is appointed over the whole or a substantial part of the assets and undertaking of the Customer.
6.3 CATERWORKS reserves the right to suspend or terminate performance of this Agreement where delivery or supply of the Goods and/or performance of this Agreement is affected by reasons out of CATERWORKS' reasonable control, such as force majeure, act of God, adverse weather, government intervention, sanction or legislation.
6.4 CATERWORKS reserves the right to cancel any Order where it is reasonably suspected that the Customer is not legally permitted to purchase any Goods specified in the Order.
- Limitation of Liability
7.1 The Customer agrees that CATERWORKS will not be liable for any losses or damage suffered by the Customer, including but not limited to loss of business, business interruption or loss of time, due to the use or purchase of the Goods by the Customer. Nothing in this Agreement shall exclude CATERWORKS' statutory liability for injury or death.
- Intellectual Property Rights and Confidentiality
8.1 Goods sold or supplied by CATERWORKS may be subject to copyright (whether owned by CATERWORKS or a third party), and the Customer covenants not to breach, infringe or prejudice any intellectual property and copyright associated with the Goods without approval. The Customer agrees to indemnify and hold CATERWORKS harmless for any breach of said covenant.
8.2 The Customer’s data protection and privacy rights under this Agreement are set out in CATERWORKS' privacy policy (available on our website).
- Jurisdiction
9.1 This Agreement is defined according to the laws of Australia. Both Parties submit to the non-exclusive jurisdiction of the courts of South Australia.
9.2 Any right or obligation contained in this Agreement will be distinct and severable. If one or more of the same are declared invalid, illegal, void or unenforceable, then the remainder will continue in force and effect to the fullest extent permissible by law.