Standard Terms and Conditions

Vic Cater Pty Ltd (ACN 007 841 643) (hereinafter referred to as Vic Cater) agrees to supply goods and services on the following terms and conditions:

1. Pricing

(a) Pricing is based on the prices quoted at the time an order is placed;
(b) Prices are subject to change without notice;
(c) Prices are exclusive of GST;
(d) Prices do not include allowances for plumbing or electrical connections;
(e) Prices do not include installation (unless specifically requested);
(f) Prices do not include delivery fees (unless specifically requested).  All quotations for delivery are for delivery to the address provided and the unloading of the goods onto the kerbside.  Additional fees apply for unloading the goods and taking them inside the premises.

2. Payment Terms

Payment terms are as follows:

(a) 35% of the total price on placing of order;

(b) 65% of the total price prior to delivery of goods to site (if goods are not being installed by Vic Cater and/or if the goods are to be delivered to regional or interstate destinations); or

(c) 60% of the total price on delivery of goods to site (if goods are being installed by Vic Cater); and

(d) 5% on completion of installation of the goods. 

If you pay by credit card you will be charged an additional 2% of the total price to cover the costs of providing this service.

If Vic Cater incurs legal costs or other fees in the recovery of any outstanding amount, you agree to indemnify Vic Cater on a full indemnity basis for all costs, including legal costs, incurred by it.  Payments received in relation to outstanding accounts are applied as follows:

(a) Recovery costs;
(b) Interest;
(c) Outstanding amount.

3. Retention of Title

Vic Cater reserves the following rights in relation to all products provided until all accounts are fully paid:

ownership of the goods;

to enter your premises (or the premises of any associated company or agent where the goods are located) without liability for trespass or any resulting damage and retake possession of the goods;

to keep or resell any goods repossessed pursuant to (b) above;

If the goods are resold, or products manufactured using the goods are sold, by you, you shall hold such part of the proceeds of any such sale as represents the invoice price of the goods sold or used in the manufacture of the goods sold in a separate identifiable account as the beneficial property of Vic Cater and shall pay such amount to Vic Cater upon request; and

Notwithstanding the provisions above Vic Cater shall be entitled to maintain an action against you for the purchase price, interest and recovery costs and the risk of the goods shall pass to you upon delivery.

4. Warranty Policies

The standard warranty on products supplied by Vic Cater is 12 months parts and labour.

For custom made refrigeration equipment Vic Cater provides:

(a) 12 month warranty on condensing units, evaporators and controls;
(b) 3 months free labour.

It is your responsibility to keep all refrigerator condensers clean.  Any service problems arising from fouled condensers are NOT claimable and are excluded from the above warranty.

Claims on the above warranty are limited to the costs of repairing products supplied by Vic Cater. 

You hereby release Vic Cater from all liability for any damage caused to your stock, products or property as a result of the break down or failure of the equipment supplied by Vic Cater.

5. Breach of Agreement

If you fail to pay monies due and owing in accordance with this agreement, or do not comply with any of terms and conditions of this agreement, Vic Cater may:

(a) refuse, among other things, to supply products to you irrespective of whether an order has been accepted or not and will not be liable for any loss or damage resulting directly or indirectly from such action;

(b) demand immediate payment of all monies owing to it;

(c) commence proceedings to recover all monies due and owing to it, including interest and legal costs.

(d) Take possession of any products supplied.

6. Severance

If any provision of this Agreement is unenforceable or invalid in accordance with its terms, all other provisions which are self-sustaining and capable of separate enforcement with regard to the invalid provision are and continue to be valid and enforceable in accordance with their terms.

7. Jurisdiction

This Agreement is governed by and is to be construed in accordance with the laws of the State of Victoria.  Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the Victorian courts and courts entitled to hear appeals from these courts.

8. Variation

Vic Cater may vary the above terms and conditions at any time by supplying new terms and conditions in writing to you.  You, however, must first seek and obtain Vic Cater’s written consent to vary any terms of this agreement.

Guarantee & Indemnity

(a) You (or where the quote is provided to a company, the duly authorised person (or persons) signing the quote on behalf of the company) (“the Guarantors”) jointly and severally (in the case of more than one person signing this quote on behalf of the company) guarantee the payment of all debts and monetary liabilities owing to Vic Cater (“the Debt”) and undertake to pay the full amount of the Debt on demand by Vic Cater. 

(b) The Guarantors jointly and severally indemnify Vic Cater as a separate and principal obligation against any loss suffered or incurred by Vic Cater in respect of the Debt, including all legal costs and expenses in recovering the Debt on a full indemnity basis, and must pay to Vic Cater on demand an amount equal to such loss.

(c) Further the Guarantors charge all real and personal property owned by them for an amount equal to any amount owed to Vic Cater and will execute any necessary documents for this purpose. 

(d) The obligation of the Guarantors under this guarantee and indemnity are principal and continuing obligations and are not released, discharged or otherwise affected by any variation of the terms upon which products are supplied by Vic Cater and paid for or any other act, omission, matter or thing whatsoever. 

(e) Vic Cater may assign its rights under this agreement and, in particular, this guarantee and indemnity provision, without the prior consent or knowledge of the Guarantors.  In this event, this guarantee and indemnity will remain in full force and effect in relation to the indebtedness incurred by the company to Vic Cater (or its assignee) both before and after the date of that assignment.  A reference to Vic Cater in this paragraph includes its assignee or successor. 

TEL: (03) 9752 3655.  FAX: (03) 9752-3955
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