The terms and conditions within this page are for the Application For Payment Terms which can be found by clicking here.
Terms & Conditions of Application for Payment Terms
- The Applicant hereby applies to Barista Technology Australia for a credit account.
- Should this application be accepted by Barista Technology Australia, the Applicant agrees that the credit account shall be subject to the Terms and Conditions of this application and the usual Terms of Trade, a copy of which is contained herein.
For purposes of this application I/We acknowledge and agree:
- Barista Technology Australia may seek consumer credit information Section 18K (1) (b) and (h), Privacy Act 1988 and trade references Section 18N (1) (b), Privacy Act 1988. If Barista Technology Australia considers it relevant to assessing My/Our credit application for commercial credit I/We agree to Barista Technology Australia obtaining from a credit reporting agency a credit report containing personal credit information about Me/Us in relation to commercial credit provided by Barista Technology Australia.
- Barista Technology Australia may use information gained to:
- Assess this application.
- Assess out credit worthiness.
- Notify credit providers of a default by Me/Us.
- Exchange information with other credit providers as to the status of the account when default has been made.
Barista Technology Australia may give to and seek from credit providers named in this credit application information about My/Our credit arrangements. I/We understand that this information can include any information about My/Our credit worthiness, credit standing, credit history or credit capacity which credit providers are allowed to give or receive from each other under the Privacy Act.
- The agreement shall continue to have effect for the duration of any credit transactions should My/Our application be approved.
- The Terms of Trade as detailed on the section “Invoice Conditions” within this form shall apply to each and every transaction.
- Any changes in business/corporate structure shall be advised within seven (7) days of such change. Any other changes such as address, etc should be advised promptly.
- The Guarantees of all Partners/Directors (where applicable) as attached shall form part of this application.
I/We understand and agree to abide by Barista Technology Australia Terms of Trade (30 Days Net) which state that invoices in any one fortnight are due and payable BEFORE the end of the fortnight following the date of the invoice.
I/We further undertake to advise Barista Technology Australia of any changes to our Trading Name or other relevant matters on the application and that all information supplied is true and correct.
The Applicant shall notify Barista Technology Australia of the sale of the business operated by the Applicant and agrees that it shall continue to be liable to Barista Technology Australia for any sums outstanding on the account opened on behalf of the Applicant until:
- Written notice is received from the Applicant that it has changed the constitution or structure or the sale of the business.
- The account has been closed and full payment has been received.
All transactions with Barista Technology Australia will be on the Terms and Conditions set out in the Terms and Conditions of “Invoice Conditions” a copy of which is attached.
Invoice Conditions of Application for Payment Terms
- Prepaid; the total amount of the invoice must be paid in full before it is dispatched.
- Failure to comply with terms of payment will constitute a breach of contract and Barista Technology Australia may treat the whole contract repudiated and act accordingly.
- Barista Technology Australia may refuse without prejudice to any other rights it may have to supply or deliver further products to the Customer pursuant to a quotation or otherwise until such time as the Customer has remedied any default under this Clause.
- All prices quoted are ex-warehouse – delivery, freight, insurance, etc are extra.
- All prices quoted are current at the date of quotation but are subject to change without notice.
- All prices quoted are subject to GST (where applicable) to be paid by the Customer unless appropriate certification is supplied to Barista Technology Australia by the Customer prior to invoicing of goods.
- Any times or dates quoted for despatch or delivery, following our acceptance of your order are based on receipt by us of full and final instructions enabling us to proceed uninterruptedly with the work. Barista Technology Australia cannot accept responsibility for any delays due to causes outside its control and while delivery time is estimated as accurately as possible, it cannot be guaranteed nor is any such estimation of essence to be a condition of the contract.
- No responsibility for loss, damage or delay from any cause outside the Company’s control is accepted by Barista Technology Australia and the Customer is not entitled to any compensation of any nature for such loss, damage or delay.
- All goods are at the Customer’s risk during transit and Barista Technology Australia liability for the goods ceases of delivery to any authorised third party carriers, agents or representatives of the Customer.
- Visible damage to goods must be reported to Barista Technology Australia within twenty four (24) hours of receipt of the goods.
RETURN OF GOODS
Credits may be allowed at Barista Technology Australia discretion only upon the following conditions:
- Credit will not be considered unless goods are returned in good condition and the freight prepaid.
- The original invoice number and date must be quoted.
- A full credit may be available only if as well as the above conditions being met, the goods are returned to our office within fourteen (14) days of the date of supply.
- Barista Technology Australia reserves the right to deduct a restocking fee from any credit.
TITLE TO GOODS
As long as the Customer owes Barista Technology Australia any part of the price of the goods supplied at any time, the Company shall retain the legal title in all goods supplied and not yet used or resold. When such goods are used, even with loss of identity the legal title to resultant product shall vest in the proceeds to be kept in a separate account or to be accounted for to the Company on demand or as set out above in Clause 1 (a).
If goods are in the possession of a Customer to which the title has not yet passed, the Customer is under obligation to retain them in a good and merchantable condition until either paid for or collected and to allow Barista Technology Australia and/or its servants or agents on to the premises where they are stored for the purpose of collecting the goods.
Barista Technology Australia warrants that goods manufactured or produced by/for it are free from defects. Barista Technology Australia shall use its best endeavours, whenever possible, to pass to the Customer the benefit of warranties given by the supplier or manufacturer of goods not manufactured or produced by Barista Technology Australia.
LIMIT OF LIABILITY
- Any stipulations, terms or conditions contained in the Customer’s order form which conflict with any of the Terms and Conditions hereof, are not accepted by Barista Technology Australia and will be deemed to be inapplicable to any order placed with Barista Technology Australia unless agreed upon in writing by Barista Technology Australia’ products.
- Subject to any conditions or warranties mandatorily implied by Law and to any conditions and warranties contained herein, all conditions, warranties and representations on the part of Barista Technology Australia whether express or implied, are hereby expressly negatived and excluded.
- Barista Technology Australia shall be under no liability to a Customer for any loss to any person or property or for death or injury caused by an act or omission (including negligent acts or omissions) of Barista Technology Australia, its servants or agents.
- Subject to the qualifications contained in Section 68(A) of the Trade Practices Act 1974, should Barista Technology Australia be liable for breach of a condition or warranty, mandatory implied by Law, its liability for such breach shall be limited to one of the following as determined by Barista Technology Australia in the case of supply of goods namely,
- The replacement of the goods;
- The supply of equivalent goods;
- The repair of the goods;
- The payment of the cost of replacing the goods acquiring equivalent goods;
- The payment of the cost of having the goods repaired.
- Supply of the service again; or
- Payment to the Customer of the cost of resupplying the services.
Except as hereinbefore stated Barista Technology Australia liability in respect of all claims under this contract shall be limited to the value of the portion or item of the goods or services which is not in accordance with this contract. Barista Technology Australia may completely discharge its liability to the Customer by replacing such portion or item, and shall not be liable for any consequential loss.
- Subject to any legislation or express agreement to the contrary, the Customer acknowledges that it does not rely on the skill and judgement of Barista Technology Australia, its servants or agents in determining whether the goods to be supplied are fit for any particular purpose and the Customer further acknowledges that any advice furnished by Barista Technology Australia with respect to the use of the goods is given on the basis that the Company assumes no obligation of liability for advice given or results obtained, all such advice being given and accepted by the Customer at the Customer’s risk.
- The Customer has responsibility for ensuring that the goods are not used for any purpose for which they are not suitable.
- Under no circumstances shall Barista Technology Australia be liable for any direct or indirect loss (including loss of profit) or damage whether special or consequential however arising except for:
- Any loss or damage suffered by the Customer as a direct result of a failure by Barista Technology Australia to perform such contract; or
- The actual cost incurred by the Customer as a direct result of a failure by Barista Technology Australia to perform such contract.
- No claim or action shall be maintainable against Barista Technology Australia unless it shall first have been notified in writing and furnished with full supporting documentary evidence in relation to the quantum of such claim.
ACCEPTANCEAccepting delivery of goods detailed in this invoice is acceptance by the Customer of the above conditions of sale and those contained in the Customer’s credit application.
All contracts made hereunder are deemed to be made in Queensland and except to the extent that the Laws of the Commonwealth of Australia apply, the interpretation thereof and all disputes arising therefrom or connected therewith shall be governed in all respects by the Laws of the State of Queensland and all such disputes shall be referred to a Court of competent jurisdiction in the said State unless the parties agree otherwise in writing.