- to ensure that any safety markings on the goods are adequately displayed;
- to comply with any legislation as to the labelling or marking of foods;
- to take any other reasonable precautions either to bring to the attention of any potential users of the goods any dangers associated with the goods, or detect any matters in relation to which the Company may become liable, including, without limitation under Part VA of the Trade Practices Act; or
- otherwise to comply with any laws, rules, standards or regulations applicable in relation to the goods or the use of the goods;
1. All quotations made by Global Foods (Group) Pty Ltd (‘the Company’) are made on the condition that the following provisions (and any other terms notified in writing by the Company from time to time) shall apply to all orders given to and accepted by the Company, unless they are expressly excluded or varied in the quotation or otherwise in writing signed by the Company.
2. Making an order or accepting goods shall indicate the customer’s acceptance of these terms. Orders are not legally binding on the Company until acceptance by the Company in writing. Orders accepted by the Company may only be cancelled in whole or in part by the customer with the Company’s written consent. The Company reserves the right to charge for its work-in-progress and any expenditure incurred relating to the order up to the time of cancellation. All orders will be executed at prices ruling at the time of dispatch. The Company reserves the right to withhold supply if settlement terms have not been adhered to.
3. Returnable packaging materials (e.g. crates, pallets and bins) remain the property of the Company unless paid for or replaced in kind.
4. Refrigerated products are to be maintained at or below 5Â°C.
5. Subject to any rights or remedies which arise under the Trade Practices Act or any other Federal, State or Territory laws which may not be excluded, where any right or remedy may be excluded or limited, the Company hereby excludes all such rights or remedies and limits its liability under such rights or remedies which are not capable of exclusion to the maximum extent permitted by law. Subject to the foregoing:
(a) the Company will not recognise claims which are not received within 48 hours of the time of delivery of any goods;
(b) no warranty, condition, undertaking or term, express or implied statutory or otherwise as to the condition, quality, performance, merchantability or fitness for purpose of the goods is given or assumed and all such warranties, conditions, undertakings and terms are hereby excluded. Notwithstanding anything else contained in these terms, the Company and its agents shall not be liable for loss or profits or contracts or loss of use or for any indirect economic or consequential loss whether arising from negligence, breach of contract or of statutory duty or otherwise howsoever; and
(c) every effort will be made to effect deliveries on time. Failure to do so due to circumstance outside the Company’s reasonable control including, but not limited to, strikes, lockouts, raw material shortages, accidents or breakdowns of plant or machinery, does not constitute a breach of contract.
6. Subject to clause 5, the customer shall indemnify and keep indemnified and hold the Company harmless from and against all liabilities, losses damages, costs or expenses incurred or suffered by the Company and from and against all actions, proceedings, claims or demands made against the Company arising as a result of:
(a) the customer’s failure:
(b) any other negligence or other breach of duty by the customer; or
(c) any compliance or adherence by the Customer with any instructions of the customer in relation to the goods or their manner of preparation.
Where an amount is payable (the ‘Indemnity Amount’) by the customer (the ‘Indemnifier’) to the Company (the ‘Indemnified’), the Indemnifier must pay to the Indemnified, at the same time and on the same basis as the Indemnity Amount in addition to the Indemnity Amount, in relation to any Goods & Services Tax (‘GST’) for which the Indemnified is liable in relation to receipt of the Indemnity Amount, and an amount that will place the Indemnified in the same position as if that GST had not been payable.
(a) Risks in the goods shall pass at the time of delivery by the Company either at the place of unloading if transport is effected by the Company, or its agent, or at the place of loading at the Company’s premises if transport is effected by the customer or its agent.
(b) Title to the goods shall remain with the Company until payment in full of all monies owing by the customer to the Company on any account. Prior to such payment in full, the customer shall hold all goods supplied by the Company as bailee for the Company. If the goods are sold or disposed of by the customer prior to such payment in full, any amount received by the customer shall be set aside and held in trust by the customer for the Company pending payment in full.
(c) If any payment by the customer to the Company is overdue, in whole or in part, or the customer is otherwise in default under any contract with the Company, or the customer shall go into liquidation, become insolvent or suffer some form of insolvency administration, all sums then owing by the customer to the Company shall become immediately due and payable and the Company may (without prejudice to any of its other rights) recover and resell the goods and may, for that purpose, enter upon the customer’s premises by its servants or agents. The Company is irrevocably authorised to effect such entry, and to use the name of the customer and to act on the behalf of the customer, if necessary, to recover possession of the goods.
(d) The goods shall be insured by the Company until delivery. The customer shall effect and maintain adequate insurance against loss or damage to the goods between the time of delivery and passing of title in a full and proper amount. If the proceeds of such insurance are received prior to payment in full for the goods, such proceeds shall be held by the customer as trustee for the Company and shall, at the option of the Company, be applied in or towards such payment.