Terms and Conditions

1. In these Terms and Conditions:
(a) ‘Buyer’ means the purchaser of Goods from the Seller as specified on the front of this quote/invoice
(b) ‘Goods’ means any and all goods supplied by the Seller to the Buyer.
(c) ‘PPSA’ means the Personal Property Securities Act 2009 (Cth).
(d) ‘PPS Register’ means the Personal Property Securities Register established under the PPSA.
(e) ‘The Seller’ means Wagga Catering Equipment (ABN 41 773 532 189)
(f) ‘Accession’, ‘commingled’, ‘Financing Statement’, 'Proceeds’, ‘Purchase Money Security Interest’ (‘PMSI’), ‘Security Interest’ and all related terms have the meanings given to them by the PPSA.

2. The Seller agrees to supply the goods described on the front of this quote/invoice to the Buyer. The Buyer must pay to the Seller the price specified on the front of the quote/invoice on delivery unless agreed otherwise.

3. Failure to pay an account on the due date entitles the Seller to suspend delivery, refuse further orders and cancel any existing order without notice. Interest is chargeable on overdue balances at the rate of 10% per month.

4. Ownership in the Goods does not pass to the Buyer until the Buyer has discharged all outstanding indebtedness, whether in respect of the Goods or otherwise, to the Seller. The Buyer grants to the Seller and its agents leave and licence to enter at any time onto any premises occupied by the Buyer to inspect and remove any of the Goods. If the Goods are sold by the Buyer, the Buyer acknowledges that such sale is made by the Buyer as bailee for and on behalf of the Seller and shall hold the proceeds of sale on trust for the Seller until payment in full for the Goods is made to the Seller.

5. Risk in the Goods will pass to the Buyer on delivery. The Seller shall not be liable for any delay in delivery and may suspend delivery times.

6. Until title in the Goods pass to the Buyer, it will keep all Goods supplied by the Seller free, and ensure such Goods remain free, of any charge, lien or Security Interest and not otherwise deal with the Goods in a way that may prejudice any rights of the Buyer under these Terms and Conditions.

7. All warranties, conditions, guarantees and liabilities, other than those which may not be lawfully excluded (including under the Competition and Consumer Act 2010), are to the maximum extent legally permissible hereby excluded.

8. To the extent permitted by law, the Seller shall not be liable for any direct, indirect, incidental or consequential loss, injury or damage whatsoever (including but not limited to loss of profits, damage or claims by third parties) which the Buyer may suffer in respect of the Goods.

9. Where any of the consumer guarantees under the Competition and Consumer Act 2010 can not be excluded or modified then to the fullest extent permitted by law the Seller’s liability arising out of the supply of the Goods will, at the Seller’s election, be limited to:-
(a) the replacement of the goods or the supply of the equivalent Goods as those supplied by the Seller;
(b) the payment of the cost of replacing the Goods or of acquiring equivalent Goods as those supplied; or
(c) the repair of, or the cost of the repair of, the Goods.

10. The Buyer agrees to indemnify and will keep indemnified the Seller, its directors, officers, employees and agents against all claims and liability, loss, damage, debt, cost or expense (including legal costs and expenses) of whatever nature or description, incurred or suffered by the Seller arising from or in any way connected with:
(a) any breach of these Terms and Conditions (including warranties) by the Buyer;
(b) its own negligence, fraud or willful misconduct, or of any other person for which the Buyer is vicariously liable; or
(c) the use by the Buyer of the Goods,
provided that the Buyer will not be liable under this clause to the extent to which the claims or liabilities arise from the negligence, fraud or willful misconduct of the Seller.

11. The Buyer hereby acknowledges and agrees that:-
(a) these Terms and Conditions constitute a Security Agreement which creates a security interest in favour of the Seller in all goods supplied by the Seller to the Buyer and all after acquired goods supplied by the Seller to the Buyer to secure the payment of any goods supplied by the Seller to the Buyer from time to time. (b) any purchase by the Buyer on credit terms from the Seller or retention of title supply pursuant to these Terms and Conditions will constitute a PMSI;
(c) the Seller’s rights and interests in Proceeds derived from the Goods also constitute a Security Interest.

12. The Seller will continue to hold a Security Interest in the goods in accordance with and subject to the PPSA, notwithstanding that the goods may be processed, commingled or become an accession with other goods.

13. The Seller may register any Security Interest granted under these Terms and Conditions on the PPS Register in any manner it chooses. The Buyer agrees to take such steps as the Seller reasonably requires (for no charge) to ensure the Seller can affect such registration.

14. The Buyer agrees that the Seller need not give any notice required under the PPSA (including a notice of verification statement) unless the requirement to give the notice cannot be excluded.

15. If Chapter 4 of the PPSA would otherwise apply to the enforcement of the security interests created under these Terms and Conditions, the Buyer agrees that sections 95, 120, 121(4), 125, 128, 129, 130, 132(3)(d), 132(4), 134(1),
135, 142 & 143 of the PPSA will not apply.

16. Prices are subject to change without notice.

17. The buyer acknowledges that 
a) it has not relied on any advice, recommendation, information, or assistance provided by Wagga Catering Equipment or its employees in relation to the sale of goods or the use/application of goods.
b) The buyer has the sole responsibility to satisfy itself that the goods are suitable for the use or contemplated use by the buyer whether known or unknown to Wagga Catering Equipment. 

18. The Seller must notify the Buyer immediately in writing of any changes to its name, address, contact details or data required to register a Financing Statement under the PPSA.

19. Any oral agreement which does not conform to these Terms and Conditions shall not be binding on the Seller. The Seller reserves the right to vary these Terms and Conditions without notice and at its absolute discretion.

20. These terms and conditions shall be governed by the laws of the state of New South Wales.

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