We supply boutique wines to a growing network of bars, restaurants, liquor stores and supermarkets in Victoria and South Australia. If you hold a valid liquor licence, please contact us to open an account.
We supply boutique wines to a growing network of bars, restaurants, liquor stores and supermarkets in Victoria and South Australia. If you hold a valid liquor licence, please contact us to open an account.
Terms and Conditions of Sale
Definitions
a) Seller_____________________Thirsty Kangaroo Wines
b) Customer ________________________________________
c) Conditions conditions______________________ofsale
d) Goods__________________ items sold by seller
1. Alteration ofConditions
These conditions apply to all orders placed by Customer with Seller
without exception unless otherwise agreed in writing.Customer
accepts those conditions by retaining goods. Seller’s failure to object
to any terms or conditions from Customer will not alter these terms
and conditions.
2. Seller May DeclineOrder
Seller reserves the right to accept or decline any order or part of
order. Any order or part of order not accepted is deemed cancelled.
Seller may require any order to be in writing with terms acceptable to
Customer before accepting liability.
3. Governing Law & Submission toJurisdiction
All conditions and contract will be subject to the laws of the State of
Victoria
4. Cancellation of orders
A lodged order with Seller cannot be cancelled or delivery delayed
without Seller’s prior agreement. Specific goods procured for the
Customer will be delivered to the Customer. No application for
cancellation will be considered unless made by the Customer in
writing to the Seller.
5. Terms of Payment
Payment from the Customer to Seller will be made on or before 30
days from invoice of goods invoiced. Notwithstanding any
outstanding deliveries, where payments are overdue, Seller may at its
option, either cancel uncompleted contracts or order, or suspend
delivery of outstanding goods. Minor defects in the goods shall not
entitle the Customer to withhold payment therefore.
6. Payment Default
If the Customer defaults in payment or breaches any of “These
conditions” Customer will be liable for all costs incurred by Seller to
recover monies owing by Customer to Seller.
7. Title
Title and property in the goods will only pass to the Customer
following receipt by the Seller of the total amount shown on the face
of the invoice, until which time:
a) property in the goods remains with Seller & Customer agrees
to hold the goods for theSeller
b) Seller may at any time terminate any contract relating to the
goods and the bailment without notice to the Customer and
may thereupon take possession of thegoods.
c) Customer authorises Seller by its servants or agents to enter
any premises owned, leased or otherwise occupied by
Customer to take possession of the goods and authorises
Seller by its servants or agents to use all such reasonable
means to obtain such possession,and
d) If the goods are sold by Customer, Customer acknowledges
that sale is as agent on behalf of the Seller and Customer
agrees that Seller is entitled to trace the proceeds of resale
as against any receiver, liquidator or trustee of the
Customer’sassets.
8. Prices
All prices fixed at time of each order and inclusive of GST. Alterations
to prices may be advised by letter.
9. Delivery
Quoted delivery and consignment dates are estimates only. Delivery
dates will be extended where delays occur due to matters beyond
Seller’s control until cessation of such matters. Delay in consignment
of any part of an order will not relieve Customer of its obligations to
accept and pay for the remainder of the order.
10. Point of Delivery and Passing ofRisk
Buyer will take delivery of goods at Buyer’s nominated address.
11. Non Delivery
Seller accepts no liability for non delivery of goods unless notification
of non delivered goods is made in writing within seven (7) days after
receiving delivery advice from Seller. Seller’s liability for non delivery
is limited to replacement of goods within a reasonable time at the
Seller’s cost.
12. Return of Goods
Customer has seven (7) days from receipt of goods (each
consignment) to accept or reject, if Customer fails to notify Seller
within such time in writing of rejection and the reasons therefore
Customer is deemed to have accepted suchconsignment.
13. Return of Goods
No goods will be returned unless:
a) Reason for return is clearly given to the Seller and approval of
the same granted by the Seller
b) The correct invoice number is quoted on the Customer’s return
docket
c) Approved Returns are made within seven (7) days after receipt
of the goods by the Customer
The Customer and Seller acknowledge that the Customer holds the
goods as from the date of delivery as b agent for the Seller for the
purposes of sale of the goods in the ordinary course of the Customer’s
business until property passes. The Customer shall not be entitled to
return the goods to the Seller except at the discretion of the Seller. In
the event that the Seller permits the Customer to return the goods
that consent must be expressed in writing and signed for and on
behalf of the Seller and delivered to the usual place of business of the
Customer. The Seller shall not be bound by any circumstances to
accept charges for goods returned by the Customer. In the event that
goods are returned by the Customer with the consent of the Seller,
Customer shall pay to the Seller all agreed damages, freight and other
charges, costs and expenses for which the Customer shall be liable
upon such return. This contract shall thenceforth be at an end and the
Customer shall not be liable to pay to the Seller all or any part of the
amount shown on the invoice. The Seller and the Customer agree that
the Customer shall not be entitled in any circumstances to return
goods which the Seller has especially acquired for at the request of
the Customer.
14. Industrial Property Rights
If any claim arises alleging that the sale, use or any other dealing with
the goods or packaging of the goods infringes trade marks, trade
names, patent copyrights, registered designs or any other property
rights of third parties, the customer shall notify the company in
connection with such claim as the company may reasonably require
and shall not itself handle, deal with or compromise any such claim
except with the written consent of the company.
15. Termination by Seller
Seller shall not be liable for incidental or consequential damages in
any event. Seller shall be entitled to payment for all products
consigned up to the effective date of termination.