Terms and Conditions Wholesale
TERMS AND CONDITIONS
1.DEFINITIONS in these conditions:
1.1. ‘’King of Cakes’’ means King of Cakes as a Trading name of Brezel Company.
1.2. ‘’You’’ means the person who places an Order, or on whose behalf an Order is placed, for Goods with King of cakes;
1.3. ‘’Goods’’ means the goods described on the front or in the Order;
1.4. ‘’Order’’ means an order for Goods submitted by You to King of cakes;
1.5. ‘’Invoice’’ means King of Cakes invoice to You;
1.6. ‘’Charges’’ means, the amount calculated under King of Cakes current price list, plus any freight charges and any tax including a goods and services tax(‘’GST’’) levied on a transaction of supply under these conditions.
2. KING OF CAKES RIGHTS TO REJECT AN ORDER
King of Cakes reserves the right to accept or reject your Order in whole or in part.
3.1. You must pay the Charges by direct deposit, cheque, credit card or cash within (7) days from the date of invoice.
3.2. King of Cakes may charge interest on any overdue payment at prevailing bank overdraft rates calculated daily from the due date stipulated until payment.
3.3. You may only withhold payment of any amount of an invoice if you dispute that amount in good faith.
3.4. King of Cakes prices represent the exclusive value of the supply for GST purpose unless specically stated to include GST.
Delivery takes place on Monday to Saturday.The Goods are left by King of Cakes at the address nominated by You as the delivery address.
5. PROPERTY AND RISK
5.1. You accept the risk of loss, damage or deterioration of the Goods from the time of delivery.
5.2. King of Cakes reserves the following rights until You pay the Charges:
5.2.1. Ownership of the Goods;
5.2.2. The right to enter your premises (or the premises of any associated company or your agent where the goods are held) without liability for trespass or any resulting damage and retake possession of the Goods; and
5.2.3. The right to keep or re-sell Goods repossessed under clause 5.2.2
5.3. If you fail to pay the Charges on the due date, then in addition to any other rights or remedies to which it is entitled, King of Cakes may in its absolute discretion :-
5.3.1. Withholds supply and delivery of any further goods: or
5.3.2. Enter upon your premises and remove the Goods.
6. EXCLUSIONS AND LIMITATIONS
6.1. Subject to 6.3, King of Cakes excludes from these conditions all conditions and terms implied by statute, general law or custom.
6.2. Subject to 6.3. King of cakes excludes all liability to You for acts or omissions of King of Cakes, any delay, non-delivery or other failure to supply the goods or any injury, loss or damage of any kind in tort (including negligence) or contract or otherwise arising out of the Goods on these conditions.
6.3. If the Goods are supplied to You as a ‘’consumer’’ of goods or services within the meaning of ‘’consumer’’ in the Trade Practice Act 1974 as amended or similar state legislation, nothing in these conditions excludes, restricts or modies any conditions, warranty, right or remedy conferred by the Trade practise Act 1974 as amended or similar legislation .
6.4. If the Goods are goods not ordinarily acquired for personal, domestic or household use or consumption for the purposes of the Trade Practices Act 1974 as amended or similar legislation, King of cakes liability is limited to the supply of the Goods again or payment of the cost of supplying the Goods.
6.5. The exclusions in 6.1 and 6.2 extend to loss of prots, business or anticipated savings or other indirect or consequential damage and to economic loss and even if King of Cakes knows they are possible or otherwise foreseeable.
7. PURCHASER’S ACKNOWLEDGEMENT
7.1. Despite anything else in these conditions, You acknowledge that:-
7.1.1. Prior to ordering the Goods You satised Yourself as to the their suitability for Your purpose; and
7.1.2. King of cakes has made no express warranty, condition or representation about the Goods quality, tness for purpose, safety or suitability.
8.1. These conditions are governed and must be construed under the laws of the Sate of Queensland and King of Cakes and You submit to the exclusive jurisdiction of the Courts of that state.
8.2. If a condition or part is unenforceable the unenforceability does not aect other part of the conditions or any other condition.
8.3. King of Cakes is not bound by any waiver, discharge or release of a condition or any agreement which varies these conditions unless it is in writing and signed for King of Cakes by an authorised ocer.
8.4. If King of Cakes waives a breach of condition waiver does not operate as a waiver of another breach of the same or any other condition or as a continuing waiver.