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Terms & Conditions of Sales
1. DEFINITIONS
Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth) or equivalent State or Territory laws.
Customer means the individual, business, company or entity, jointly and severally if there is more than one, acquiring Goods and Services from Dynamic Catering Equipment Pty Ltd. A reference to “You” also means the Customer.
DCE means Dynamic Catering Equipment Pty Ltd (ABN 73 534 790 686) of 296-298 South Gippsland Hwy, Dandenong South, VIC 3175.
Goods means the goods offered for sale by DCE to the Customer from time to time.
GST means Goods and Services Tax payable pursuant to the A New Tax System (Goods and Services Tax) Act 1999 (as amended from time to time).
Insolvency Event means the happening of any of the following events in relation to the Customer:
a) being a company, the appointment of an administrator or controller (within the meaning of section 9 of the Corporations Act 2001 (Cth)) or receiver or provisional liquidator or liquidator over the relevant company, the directors of the relevant company resolving that the company be wound up, the making of an order of a Court that the company be wound up or the company being deregistered for any reason or anything analogous to or having a similar effect under the law of any relevant jurisdiction; or
b) being an individual, the appointment of a trustee or controlling trustee (within the meaning of the Bankruptcy Act) over the affairs of the person, or the person being an insolvent under administration (as defined under the Corporations Act 2001 (Cth)).
Order has the meaning given to the term in clause 3(c).
Services means the installation services in respect of the Goods.
Site means the location or locations where the Services will be delivered, provided, connected supplied (as applicable).
Terms and Conditions means these Terms and Conditions which incorporates our Privacy Policy found at:
https://www.dynamiccateringequipment.com.au/privacy-policy, our website terms and conditions found at https://www.dynamiccateringequipment.com.au/terms-conditions, our customer FAQ’s at https://www.dynamiccateringequipment.com.au/faq and other documents referred to within these Terms and Conditions.
2. BASIS OF CONTRACT
a) DCE will supply Goods and Services to the Customer subject to these Terms and Conditions unless otherwise specifically agreed in writing between DCE and the Customer. These Terms and Conditions apply to the exclusion of any other agreement or conditions of purchase or other terms that the Customer may submit with an Order or otherwise to DCE.
b) By browsing, accessing, using the DCE website, creating an account or placing an Order you agree to be legally bound by these Terms and Conditions.
c) DCE may update these Terms and Conditions from time to time.
3. ORDERING OF GOODS & SERVICES
a) Subject to clause 3(c), the Customer may seek to order Goods and Services from DCE direct from the DCE website or by accepting any quotation issued by DCE (Order Request).
b) Customers will be shown the price for the Goods and Services at the checkout for orders placed on the website or in the quotation issued by DCE (as applicable) and the price stated will be the price for the Goods and Services (plus GST and any delivery costs) irrespective of any other price stated elsewhere.
c) Following receipt of an Order Request, only when a Customer receives an email notification from DCE confirming an Order Request has been accepted will a contract exist between DCE and the Customer for the sale and purchase of Goods and provision of any Services (Order).
d) DCE may accept or reject any Order Request placed by a Customer for any reason at DCE’s sole and absolute discretion, including if there has been an error or the Goods are no longer available for any reason. All Goods shown are subject to availability and may be withdrawn at any time without notice.
e) If DCE cancels an Order following payment then the Customer will receive a full refund for any moneys paid for the Order.
f) The Customer is solely responsible for providing accurate delivery details and information required for DCE to provide the Services.
g) The Customer must pay each invoice in full before the Goods are delivered to the Customer and the Services provided.
4. PRICE
a) The price for the Goods and Services excludes GST and are subject to change at any time without notice and are not binding on DCE.
b) The Customer must pay to DCE any GST in respect of any taxable supply made by DCE under these Terms and Conditions.
c) The costs of delivery of the Order will be borne by the Customer as stated in clause 3(b).
5. PAYMENT
a) All Orders must be paid for in full as directed by DCE prior to delivery of any Goods and provision of the Services.
b) At its sole discretion DCE may contact Customers to request identification documentation and confirmation of credit card billing address. This is done as a security precaution against fraudulent transactions. DCE adheres to a strict security policy and any information provided by Customers for the purpose of identification will only be used by DCE and will not be sold or forwarded to any third party.
c) The Customer is solely responsible for ensuring that any finance arrangements the Customer enters into to fund the purchase of any Goods and Services is suitable to the Customer’s needs. Under no circumstances is DCE responsible for any finance arrangements that the Customer enters into with any third parties.
d) If the Customer has an approved credit account with DCE, the Products supplied must be paid for within the approved credit terms. Where the Customer is overdue with any payment of any approved credit account, DCE (without prejudice to its other rights) reserves the right to change the Customer to a ‘cash on delivery’ ("COD") account or to cease supplying further Products to the Customer.
e) Without prejudice to any other remedy, DCE reserves the right to charge interest on any overdue invoices at an annual rate prescribed from time to time under section 2 of the Penalty Interest Rates Act 1983.
f) In the event of default of payment when due, all costs of collection including legal fees and court costs shall be paid by the Customer.
6. NO SET OFF
The Customer shall pay any moneys owing to DCE under these terms in full and shall not set off such moneys against debts or liabilities owed or allegedly owed by DCE to the Customer.
7. COMMISSION
a) The Customer acknowledges and agrees that DCE may receive commissions, entitlements, bonuses, credit, payments or other benefits (Commission) from third parties (including finance companies) who have a commercial arrangement with DCE (Third Parties) as a result of the Customer purchasing goods or services from Third Parties. For example, if DCE refers a Customer to a Third Party who in turn provides finance to the Customer, DCE will receive a commission for the referral.
b) The Customer acknowledges and agrees that it is not entitled to any payment or part payment of any Commission.
8. RISK, DELIVERY AND QUALITY OF SUPPLIES
a) Where DCE engages third party delivery partners to deliver an Order, DCE will not be responsible for the conduct of the third party delivery partner.
b) The Customer is solely responsible for:
i) ensuring that someone is able to collect the Order from the delivery location or any redirected location nominated by the delivery provider;
ii) any delays in collecting the Order from any redirected location; and
iii) any redirection fees including back to DCE’s dispatch location and storage fees whilst awaiting redirection or redelivery instructions.
c) The risk in the Goods for theft, damage or otherwise in respect of the Goods will pass to the Customer immediately upon the Goods being deemed delivered or arriving at a collection location. Once risk passes to the Customer, DCE is no longer responsible for any damage to the Goods.
d) Under no circumstances will DCE be liable for any loss or damage suffered by the Customer as a result of any late delivery or non-delivery of any Order.
e) Any period or date for delivery of the Goods and provision of the Services stated by DCE is intended as an estimate only and is not a contractual commitment. DCE will use reasonable endeavours to meet any estimated dates for delivery of the Goods and provision of the Services.
f) For any overseas Orders, the Customer is solely responsible for any import or duty taxes imposed by the Customer’s country. Please check these charges before placing an Order.
9. SUITABILITY OF GOODS
a) The Customer acknowledges and agrees that any sale of Goods under these terms is not a sale by description and that the representation of Goods may differ in visual appearance such as colours from the way such Goods may appear on the DCE website, brochures or product materials. Please be aware of this before placing an Order.
b) The Customer acknowledges and agrees that it relies entirely upon its own knowledge, skill and judgment in selecting and ordering Goods from DCE. DCE will not provide any advice, express or implied, as to whether particular Goods are fit for any purpose, unless expressly agreed in writing by DCE.
10. PROVISION OF SERVICES
a) The Customer acknowledges and agrees that the Services may be performed or provided by DCE’s personnel or a suitably qualified subcontractor of DCE.
b) The Customer undertakes to:
i) do all things reasonably necessary to enable DCE to perform the Services including performing any works, providing any equipment or connecting any services as reasonably required by DCE;
ii) prepare the Site in accordance with any reasonable instructions from DCE;
iii) provide DCE with all reasonable assistance and co-operation in the performance of this Agreement reasonably required by DCE including providing DCE with:
A) access to the Site as and when required by DCE;
B) access to relevant personnel of the Customer; and
C) all information, systems and documentation as requested by, or as otherwise reasonably necessary for, DCE, for the purposes of performing the Services; and
iv) appoint and maintain sufficient numbers of appropriately qualified personnel to liaise with DCE in relation to the performance of the Services.
(c) DCE is not responsible for any failure to perform any of its obligations under this Agreement where, in the reasonable opinion of DCE, such failure is caused or contributed to by the Customer or any third party.
(d) The Customer acknowledges and agrees that if the provision of the Services is delayed or is required to be altered as a result of the following:
i) if DCE is required to provide the Services in circumstances other than those expressly or reasonably anticipated in this Agreement or stated in the relevant Order;
ii) the Site has not been prepared in accordance with any reasonable instructions from DCE, or in any event to the reasonable satisfaction of DCE;
iii) if there is a change in the timing or complexity of the Services;
iv) any of the assumptions or the scope relating to the provision of the Services are incorrect, subject to change or is altered, including during the course of the provision of the Services; or
v) as a result of any act or omission by the Customer, its agents, contractors or suppliers,
then DCE may charge the Customer an amount equal to its reasonable loss, damage or expense incurred as a result of the delay or DCE may increase its fees to provide the Services.
11. WARRANTIES, GUARANTEES & DEFECTIVE GOODS & SERVICES
a) Goods must be used, handled and assembled with due care and in compliance with any instructions given by DCE or the manufacturer otherwise any warranty of the Goods may be void.
b) Any change or modification made by the Customer to the Goods without the prior written consent of DCE is at the Customer’s sole risk and may void any warranty on the Goods.
c) If a Customer believes that a Good is defective then the Customer must adhere to any process DCE may direct the Customer to follow to address the defective Good claim including providing any evidence of the defect and/or returning the Good to DCE.
d) ‘Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.’
e) 'Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:
i) to cancel your service contract with us; and
ii) to a refund for the unused portion, or to compensation for its reduced value.
You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract'.
f) A Customer making a defect claim can contact DCE customer care as follows:
i) 296-298 South Gippsland Hwy, Dandenong South, VIC 3175;
ii) Phone: 1300 111 323; and
iii) Email: sales@dcepl.com.au.
12. CHANGE OF MIND & MISTAKEN ORDERS
a) If a Customer changes their mind in respect of an Order, DCE will generally not accept Goods to be returned for a refund or credit note.
b) If a Customer believes that they have made a mistake in placing an Order then the Customer must immediately contact Customer Care and provide details of the Order in question. DCE provides no guarantees that it will be able to rectify or cancel any erroneous Orders. DCE reserves the right to charge the Customer a cancellation and/or restocking fee which reflects any administration and/or restocking costs arising from the cancellation or DCE may issue a credit note depending upon the circumstances.
13. CUSTOMISED GOODS
DCE may offer customisation of certain Goods and bespoke manufacturing. Any Order that includes customisation of Goods or bespoke manufacturing is final. DCE does not allow any changes, returns or exchanges on customised Goods or bespoke manufacturing the subject of an Order except where the Goods are defective.
14. LIMITATION OF LIABILITY
a) Subject to clause 11 and any State or Federal law:
i) DCE will not be liable for any loss or damage suffered by the Customer where DCE has failed to meet any delivery date or cancels or suspends the supply of Goods, the provision of Services or any Order.
ii) To the maximum extent permitted by law, DCE will not be liable for any other loss or anticipated loss or damage incurred by the Customer however caused which arises from or in connection with the Customer’s use of DCE website, the contents of the DCE website (this includes information, pricing and all Goods), or the Customer’s reliance on any information DCE provides to the Customer or the purchase of Goods and Services.
b) Nothing in these Terms and Conditions is to be interpreted as excluding, restricting or modifying, or having the effect of excluding, restricting or modifying the application of any State or Federal legislation applicable, including the Australian Consumer Law to the sale of Goods and Services which cannot be excluded, restricted or modified.
15. INDEMNITY
The Customer will at all times indemnify DCE and DCE’s officers, employees, subcontractors and agents (“those indemnified”) from and against any injury or loss (including legal costs and expenses) or liability, suffered or incurred by any of those indemnified arising from any claim against those indemnified where the claim is referable to:
a) a breach by the Customer of its obligations under these Terms and Conditions; or
b) any wilful, unlawful, or negligent act or omission of the Customer.
16. CANCELLATION
a) DCE may cancel any Order immediately by notice in writing (Notice) if:
i) the Customer is in breach of any term of these Terms and Conditions and the Customer does not remedy any breach within five (5) days of receiving written notification;
ii) the Customer is in breach of any term of these Terms and Conditions which is incapable of being remedied; or
iii) an Insolvency Event occurs in relation to the Customer.
b) Subject to any State or Federal legislation, DCE may also cancel any Order for any other reason determined by DCE.
17. FORCE MAJEURE
a) For the purposes of this clause 17, “Force Majeure” shall mean any event beyond the reasonable control of the parties, including, but not limited to, fire, explosion, flood, strikes, war, pandemic, epidemic, act of God, act of State, labour unrest or riots.
b) If as a direct or indirect result of Force Majeure event, DCE is unable to perform its obligations under these Terms and Conditions, DCE is released from those obligations to the extent of such inability, and the Customer shall not be entitled to claim compensation for any such failure by DCE to perform its obligations.
18. GST
a) For the purposes of this clause 18, a word or expression that is capitalised and is defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) (GST Act) has the meaning given in that Act unless defined in these Terms and Conditions.
b) Unless expressly stated otherwise, all amounts payable under these Terms and Conditions are exclusive of GST.
c) If anything done under or in connection with these Terms and Conditions constitutes a Taxable Supply from one party to another in respect of which GST is payable, the consideration payable for the supply will be increased by the GST Amount.
d) A party is not required to make a payment for a Taxable Supply made under or in connection with these Terms and Conditions until it receives a valid Tax Invoice in relation to that supply.
19. WAIVER
Failure by DCE to enforce any of these terms in respect of any breach by the Customer shall not be construed as a waiver of any of DCE’s rights or a waiver of DCE’s right to enforce the term in respect of that breach in the future. The only persons authorised to waive a breach by the Customer are the Managing Director or Chief Financial Officer of DCE and the Customer shall not seek to rely upon a waiver purportedly given on behalf of DCE by any other person.
20. GOVERNING LAW
These terms shall be governed by and construed in accordance with the laws in force in Victoria, Australia and the Customer submits to the jurisdiction of the courts of Victoria, Australia.
21. SEVERANCE
If any provision of these Terms and Conditions are contrary to any State or Federal legislation (for example by being illegal, void or unenforceable) that provision shall be read down to the extent necessary to become valid and enforceable or, if this is not possible, shall be deemed to be severed from these Terms and Conditions, without affecting the remaining provisions of these Terms and Conditions
22. ASSIGNMENT AND NOVATION
Any rights and benefits arising from these Terms and Conditions must not be assigned by the Customer without DCE’s prior written consent. Subject only to notice being given to the Customer, the Customer consents to the assignment or novation of these Terms and Conditions by DCE.
23. INTELLECTUAL PROPERTY
a) All intellectual property (including without limitation any trade marks (registered or unregistered), designs, layouts and confidential information copyright in all plans, drawings, designs and text) which are disclosed to the Customer by DCE shall be solely owned by DCE and shall be delivered up to DCE by the Customer immediately on DCE’s request. The Customer acknowledges that no intellectual property licence is granted by these Terms and Conditions.
b) The Customer is prohibited from reverse engineering any of the Goods.
c) The Customer will immediately notify DCE of any actual or potential infringement of DCE’s intellectual property rights which comes to the Customer’s attention.
24. CONFIDENTIAL INFORMATION
The Customer shall treat all information disclosed to it by or on behalf of DCE or acquired by the Customer concerning DCE or the Goods as DCE’s confidential information and shall not use or disclose the same.
25. CUSTOMER WARRANTY
The Customer warrants that it has acted reasonably and in good faith to DCE in disclosing to DCE, prior to accepting these Terms and Conditions, all information which may have materially affected DCE’s agreement to supply the Goods and Services to the Customer on these Terms and Conditions.
Last updated: August 2024