The use of this site is governed by the TERMS AND CONDITIONS set forth below. Your use of this site or purchase from C5 Beverages Pty Ltd t/as C5 Australia indicates your acceptance of these terms and conditions. All sales, confirmation of orders and quotations made by C5 Beverages Pty Ltd(ABN 69 608 124 143) are subject to the below terms and conditions. It is important you read and fully understand this document at the time of purchase.
1. DEFINITIONS:
1.1. “the Supplier” means C5 Beverages Pty Ltd t/as C5 Australia
1.2. “the Customer” means the person or persons, or business entity to whom any quotation/sale is made.
1.3. “the Goods” means the products sold or services provided by the Supplier to the Customer.
1.4. “GST” means Goods and Services and has the same meaning as defined in A New Tax Systems (Goods and Services Tax) Act 1999 or other tax that is substituted or replaces the GST tax.
2. PRICES
2.1. Online orders are deemed unconfirmed until such time as the Supplier has approved with the Customer that pricing, including delivery costs and availability are correct.
2.2. Prices quoted on the website are subject to change without notice.
2.3. Unless otherwise agreed in writing the price of the goods shall be that price charged by the Supplier. In addition to any other government taxes such as GST at the time of sale.
2.4. Unless otherwise agreed in writing all prices quoted do not include freight cost and GST.
2.5. For export sales, additional duties, levies and custom charges are not included in prices quoted and the Customer is liable for payment of such amounts.
3. TERMS OF PAYMENT
3.1. Unless otherwise agreed in writing, payment is required in full prior to Goods being collected or delivered.
3.2. Payment is deemed upon the clearing of funds.
3.3. The Customer agrees to pay the Supplier all legal costs and any other expenses incurred by the Supplier in collecting any moneys due from the Customer to the Supplier.
4. CUSTOMER’S RESPONSIBILITY
The Customer is responsible to ensure that the goods ordered are suitable for the intended use.
5. CANCELLATION
5.1. Subject to the Competition and Consumer Act 10 and without restricting the consumers right to rescind on a contract as provided in the act, orders, once placed, cannot be changed or cancelled or deferred by the Customer without the approval of the Supplier.
5.2. Should the Supplier approve such change, cancellation or deferment, the Customer agrees to pay the Supplier for all reasonable costs incurred in amending or changing the order, including but not limited to handling fees and liability exposure to third parties involved in the provision of the Goods and any associated insurances. The Customer agrees that a 25% of the purchase price cancellation/variation fee is commercially fair and reasonable.
6. TITLE
6.1. The Customer and the Supplier agree the legal and beneficial title of the goods will not pass to the Customer until such time that payment for the goods is received in full.
7. RISK AND INSURANCE
7.1. All goods are at the risk of the Customer from the time the goods leave the Supplier’s premises notwithstanding Ownership may not pass until payment of those Goods has been received.
7.2. The Customer must insure the Goods against loss or damage until payment has been received in full by the Supplier.
7.3. The Customer is responsible for filing claims for damage against the carriers and other agents and direct the insurer to make payment to the Supplier of all monies payable in respect of the insurance claim made on damaged or destroyed goods.
8. REPOSSESSION
8.1. Should the Customer fail to pay in full for the goods, the Supplier may take possession of the goods and resell them.
8.2. In such a case, the Customer shall irrevocably permit the Supplier, it’s agents or representative or any person authorized by the supplier to enter the Customer’s premises to take possession of the goods without being guilty of any manner of trespass and indemnifies the Supplier against any action claim cost damage suffered by the Supplier in doing so.
8.3. Any costs associated with returning the goods to the Supplier’s place of work and bring the goods to “as new” condition will be charged back to the Customer
9. SHIPPING/DELIVERY
9.1. Delivery times are estimates only and the Customer shall not make any claim against the Supplier for any variation in delivery times.
9.2. Customer acknowledges that estimated delivery dates provided may change due to circumstances considered beyond the control of the Supplier. In these events, the Supplier will provide the Customer with the delay details as soon as practically possible but will not be liable to the Customer or any other person for such delays.
10. RETURNS AND CLAIMS
10.1. Claims must be made within 48 hours of delivery.
10.2. No goods will be accepted for return without prior approval in writing. Contact C5 Australia via email at info@c5australia.com
10.3. Goods must be returned in their original condition, their original packaging with all original instruction booklets, documents, warranty cards. The Customer is to organize and pay for return delivery.
10.4. On return of the goods in resale condition, you will be refunded your original purchase price minus the original delivery cost and minus any restocking fees (if applicable). The refund will be made by the same method as the original payment method.
10.5. The Supplier has the right to refuse returns if the goods are not faulty.
10.6. The Supplier has the right to charge up to 25% restocking fee if incorrect goods were ordered by the Customer.
10.7. Special equipment orders cannot be returned or refunded.
11. GUARANTEE & WARRANTY
SPM & Crathco Equipment
11.1. The Supplier warrants any Equipment sold (other than second hand or used) for 12 months parts only unless otherwise agreed upon in writing. Any parts removed for cleaning or rulon bushing (selected models) are not covered by warranty.
11.2. The Supplier warrants any Part sold (other than second hand or used) for 3 months (replacement part only) unless otherwise agreed upon in writing. Any parts removed for cleaning or rulon bushing (selected models) are not covered by warranty.
11.3. Costs of removal, installation and transport are not covered by warranty.
11.4. Warranty is void if the goods are not used in accordance with the Supplier’s operating procedures and directions.
11.5. The Supplier shall not be liable for any indirect or consequential damage or loss, including loss of production sustained by the Customer, or any other person in respect of or arising out of any defect or malfunction in the goods supplied, whether or not such defect or malfunction is attributable to the negligence of the Supplier and whether or not such indirect or consequential loss was or ought to have been foreseeable by the Supplier.
11.6. The Supplier gives no warranty and is subject to no liability of any kind in respect of any item it does not manufacture except to the extent required by law. However, in any case where the Supplier is able to make a successful claim under a warranty given by the manufacturer, it will so far as possible pass the benefit of that claim on to the Customer (but so that nothing requires the Supplier to commence any proceedings against the manufacturer or incur any expense in connection with any claim by the Customer).
12. WAIVER
Failure by the Supplier to insist upon strict performance of any term or condition hereof shall not be deemed a waiver thereof or of any rights which the Supplier may have and shall not, and nor shall any express waiver, be deemed to be a waiver of any subsequent breach of any term or condition.
13. FORCE MAJEURE
The Supplier shall not be liable to the Customer for any loss by the Customer caused by the Supplier’s failure to observe these conditions or of any delay or failure to perform its obligations, if such failure or delay is occasioned by any cause beyond the Supplier’s reasonable control and, without limiting the generality of the foregoing, such causes include war, fires, floods, strikes, lock outs, delays in transport, breakdowns in machinery, restrictions or prohibitions by any government or semi-government authorities or embargoes.
14. SEVERABILITY
If any provision of these Conditions of Sale is held invalid, unenforceable or illegal for any reason, but is capable of being read down, it shall be read down to the extent necessary to render it binding and enforceable. If it is not capable of being so read down, then such word or words or, if required, the whole provision shall thereupon be severed, and the remainder of these conditions shall otherwise remain in full force and effect.
15. GOVERNING LAWS
This Agreement is to be governed by, and construed in accordance with, the laws of the State of New South Wales.
