These terms and conditions form the contract and agreement for all purchases and transactions entered into for the provision of goods and/or services by AGC Catering Equipment to the Customer.
By creating an account and placing an order for any product and/or service at our website you agree to the following terms and conditions of sale and use of our website. These terms and conditions are subject to change at any time, without prior written notice. Please read this information carefully each time before ordering with us.
In this Agreement:
1.1 “AGC Catering Equipment” refers to AGC Catering Equipment Pty Ltd of 13-15 Hume Highway, Greenacre, NSW 2190.
1.2 “Agreement” refers to this agreement on this webpage.
1.3 “Account” means any account which is opened on this website.
1.4 “Customer” means any person, company, business or entity who requires goods and services from AGC Catering Equipment.
1.5 “Goods” means any goods and items supplied by AGC Catering Equipment.
1.6 “Services” means any services and amenities supplied by AGC Catering Equipment.
1.7 “Order” refers to any order made on this webpage.
1.8 “GST” is an abbreviation of Goods Sales Tax as defined in the A New Tax System (Goods and Services Tax) Act 1999
1.9 “Website” refers to all material contained onwww.agcequipment.com.au
1.10 “Australian Consumer Law” refers to the national consumer law framework as prescribed by the Council of Australian Governments.
1.11 “Fair Trading Act” refers to the Fair Trading Act 1987 (NSW)
1.12 “Competition and Consumer Act” refers to the Competition and Consumer Act 2010 (Cth)
2. Registering an Account
All Customers of AGC Catering Equipment are required to register an account to make an order on the website or to access other particular areas of the website. By registering an account, you agree that you are at least over the age of eighteen (18) years of age and possess the legal capacity to enter into and use this website in accordance with the terms and conditions of this Agreement.
3. Our Agreement
3.1 Any attempt to alter, supplement, modify or amend these terms and conditions by the Customer will be considered a material alteration of this Agreement and is void, unless confirmed in writing by AGC Catering Equipment. Furthermore, the Customer acknowledges that any representation, warranty or promise made by an agent or employee of AGC Catering Equipment in relation to the goods and/or service sold by AGC Catering Equipment is non-binding, other than as contained in these terms and conditions or in writing by AGC Catering Equipment.
3.2 A written quotation provided by an agent or representative of AGC Catering Equipment to a Customer in relation to the supply of goods and/or services is:
3.2.1 deemed as an invitation to treat only;
3.2.2 valid for thirty (30) days from the date the quotation is made unless the quotation has been withdrawn by AGC Catering Equipment in writing;
3.2.3 is bound by and made in accordance with these terms and conditions. An agreement shall be deemed to be accepted by AGC Catering Equipment when AGC Catering Equipment confirms its acceptance of such offer in writing or by delivery of goods to the customer.
3.3 AGC Catering Equipment is under no obligation to consider or accept any offers from any Customer. All offers from Customers are bound and subject to these terms and conditions on this Agreement.
3.4 All price quotations provided by AGC Catering Equipment to the Customer for the supply of goods and/or services exclude GST and other taxes and duties payable unless stated otherwise in writing.
4.1 An order for goods and/or services is not binding upon AGC Catering Equipment until it is accepted and approved by AGC Catering Equipment. AGC Catering Equipment must receive full payment with cleared funds before it will accept, approve and process an order. Bank advice remittance, cash deposit receipts or cheques are not acceptable proofs of payment unless the funds have entered into AGC Catering Equipment’s bank account
4.2 Upon written notice to the Customer, AGC Catering Equipment may revoke or amend these payment terms and conditions for an order.
5. Customer Acknowledgement
In all dealings relating to the provision of goods and/or services by AGC Catering Equipment, the Customer agrees and acknowledges:
5.1 it has not relied on any representation, advice, recommendation, information or assistance provided AGC Catering Equipment or any employee or agent of AGC Catering Equipment in relation to the sale of goods and/or services or the use or application of such goods or services;
5.2 it is solely responsible for determining and deciding that the good and/or service provided by AGC Catering Equipment is suitable for the Customer’s use or any other anticipated use by the Customer, whether or not such use is known by AGC Catering Equipment;
5.3 the images, representation and description of goods provided in a quotation or catalogue is given solely for the purpose and by way of identification. The description does not constitute additional promises, additional terms or a contract of sale;
5.4 the representation and listed price of a good and/or service on this website is subject to constant change;
5.5 that upon requests by AGC Catering Equipment, the Customer must provide their further particulars and details relating to:
5.5.1 their Australian Business Number;
5.5.2 the order number, quantity and model of an order;
5.5.3 the postage or delivery address;
5.5.4 the insurance details; or
5.5.5 the finance details of an order.
5.6 that upon any deposit being paid and received by AGC Catering Equipment then the good(s) will only be held for a maximum of six (6) weeks, at AGC Catering Equipment’s premise or warehouse, from the date of order. Should the Customer require the good(s) to be held any longer by AGC Catering Equipment, then a 10% charge of the total purchase price will incurred upon the final order increasing on a recurring basis per week until the goods are ready to be picked up or dispatched.
6. Passing of Goods
Until AGC Catering Equipment receives full payment of cleared funds for goods and/or services from the Customer in relation to an order, or the Customer has an outstanding amount of moneys owed to AGC Catering Equipment then:
6.1.1 the title and property in the goods provided by AGC Catering Equipment remains vested in AGC Catering Equipment and does not onto the Customer. In the event the good(s) are delivered to the Customer, then the good(s) are to be held by the Customer as fiduciary bailee for AGC Catering Equipment and the Customer has no title to the said goods.
6.1.2 AGC Catering Equipment reserves the right to repossess any good(s) which is held in possession or on the Customer’s premises. All costs incurred against AGC Catering Equipment in repossessing the good(s) is payable by the Customer.
7. Delivery Policy
7.1 AGC Catering Equipment may provide delivery for a Customer’s order and subsequently provide an estimated date of delivery. The estimated date of delivery is only to be treated as an indicator to when the order would arrive at the delivery address. AGC Catering Equipment is not liable for any commercial loss or damages due to delays to the date of delivery. AGC Catering Equipment will provide all attempts to meet the estimated date of delivery.
7.2 AGC Catering Equipment is only obligated to deliver a Customer’s order to the kerbside or street level of a delivery address. Additional delivery charges will be incurred to the Customer if further delivery work is required. Customers must also provide reasonable notice prior to any request for additional delivery work, to which AGC Catering Equipment may refuse at any time.
7.3 Additional charges may be incurred on a Customer’s order following the first delivery attempt.
8. Returns Policy
8.1 Should any problems arise from a purchased good(s), such that they do not comply with relevant specifications or the description of the actual product, then the Customer must provide written notice to AGC Catering Equipment within seven (7) days of delivery or pick-up. The purchased good(s) are deemed to have been received in good working order and good condition following seven (7) days of delivery or pickup of the good(s).
8.2 In the event which AGC Catering Equipment accepts a return of good(s) from the Customer, then:
8.2.1 the Customer is liable for a restocking fee of no less than 20% of the invoiced value of the good(s);
8.2.2 the Customer is liable for all costs relating to the delivery and return of a good(s) back to AGC Catering Equipment’s premises or warehouse;
8.2.3 the Customer is liable for all costs relating to the delivery and return of a good(s) back to the manufacturer, should the good(s) be required to be returned to the manufacturer.
8.3 AGC Catering Equipment may accept the return of good(s) for credit. The credit will expire after three (3) months from the date the first sale or order was made for the returned good(s).
8.4 The Customer is not entitled to any returns or costs from AGC Catering Equipment in the event that any good(s) are damaged during the good(s)’s assembly, installation or removal.
9. Risk and Insurance
The Customer is responsible for all risks and insurance upon the good(s) being dispatched from the premises of AGC Catering Equipment or from the warehouse of AGC Catering Equipment or other place where the goods may be situated. The Customer assumes all risk and liability for theft, loss, damage or injury to persons or to property arising out of the delivery of the good or their use and possession.
10. Modification or Cancellation of Orders
No modification, cancellation or deferment of orders (such as changing item(s)/good(s)) can occur after your order has been approved by AGC Catering Equipment unless written consent has been provided by AGC Catering Equipment. In the event AGC Catering Equipment does provide written consent for a modification, cancellation or deferment of a Customer’s order, then the Customer is liable for all losses and fees incurred for the order’s modification, cancellation or deferment. This may include, and not be limited to, a loss of profits and a restocking fee of no less than 20% of the invoiced value of the order.
11. Pricing and Typographical Errors
11.1 The Customer acknowledges that a good and/or service may be listed incorrectly or information relating to a good and/or service is displayed incorrectly due to typographical errors. AGC Catering Equipment shall have the right to deny, cancel or refund any Customer orders placed on goods and/or services listed with typographical errors.
11.2 Further to Clause 11.1, AGC Catering Equipment continues to have the right to deny, cancel or refund any Customer order even if the Customer has provided payment or have had their credit card charged in relation to the purchase of the good and/or service.
11.3 In relation to Clause 11.2, AGC Catering Equipment would provide an immediate refund of money for Customers who have had their orders cancelled due to typographical errors.
12.1 By creating an account or by being a Customer of AGC Catering Equipment, you abide by this Agreement. AGC Catering Equipment reserves all rights to terminate and cancel your account:
12.1.1 if it is determined that the information you provided is false or misleading;
12.1.2 this Agreement has been violated or other violations has been determined by AGC Catering Equipment;
12.1.3 AGC Catering Equipment has suspicion the Customer is engaging in fraudulent activity.
12.2 This website, our financing pamphlets or our financing documentation may include statements concerning future financial conditions and future economic performance that are forward-looking statements. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties. You rely on these statements at your own risk.
12.3 Further terms and conditions apply to AGC Finance products and services, which are written on our financial documents and agreements.
13. Limitation of Liability
13.1 Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the Australian Consumer Law, the Fair Trading Act, Schedule 2 of the Competition and Consumer Act or any other applicable law that cannot be excluded, restricted or modified by agreement.
13.2 To the fullest extent permitted by law, the liability of AGC Catering Equipment for a breach of a non-excludable guarantee referred above is limited, at AGC Catering Equipment option, to the following:
13.3 a replacement of the good or the supply of an equivalent good;
13.4 the repair of the faulty good;
13.5 payment of the costs of replacing the good or of obtaining equivalent goods; or
13.6 a refund of the good;
AGC Catering Equipment warranty policy is subject to the following terms:
14.1.1 Warranty would not be provided if the customer has or there is evidence the customer has attempted repair or altered the good(s) without prior authorization of AGC Catering Equipment
14.1.2 Warranty would not be provided if the customer has not or there is evidence the customer has not used and maintained the good(s) in accordance with the manufacturer’s recommendation and instruction.
14.1.3 Provided on the basis that certain goods may have a variance in acceptable craftsmanship, it is to the discretion of AGC Catering Equipment to replace or repair any goods to remedy any failures due to faulty workmanship or materials.
14.1.4 Unless the Customer provides proper and full details on the warranty form as to the defect of the good, AGC Catering Equipment is not obliged to repair or replace goods or remedy any failure due to faulty workmanship or materials
14.1.5 AGC Catering Equipment is not responsible for any warranties given in respect of plant and equipment. The manufacturer of the plant and equipment is responsible for such warranties.
14.1.6 the Customer acknowledges the provisions of any Act or law, (including but not limited to the Trade Practices Act 1974) implying terms and conditions and warranties or any other terms and conditions of warranties which might otherwise apply to or arise out of the agreement between AGC Catering Equipment and the Customer in relation to the goods, are hereby expressly excluded to the full extent permitted by law;
14.1.7 In the event AGC Catering Equipment provides repairs and warranties to the good(s), the Customer must provide AGC Catering Equipment with access to the goods for the purpose for the purposes of inspection and repairs
These Terms are governed by and must be construed in accordance with the laws of the State of New South Wales, Australia. You submit to the exclusive jurisdiction of the courts of that State and the Commonwealth of Australia in respect of all matters arising out of or relating to these Terms, their performance and subject matter.
Each provision of these Terms is severable from the others and no severance of a provision will affect any other provision.
17.1 Failure to enforce any of these terms in this Agreement does not waiver any of AGC Catering Equipment’s rights.
17.2 Notices to either parties in this Agreement must be personally delivered or sent by in writing to the registered mail to the party’s registered office.
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