Standard Terms & Conditions For Supply of Services
In this document the following words shall have the following meanings:
1.1 “Customer” means any person or company who purchases goods and/or services (collectively, the “Services”) from the Supplier.
1.2 “Supplier” means Goodness Gracious Sydney Pty Ltd.
1.3 “Terms and Conditions” means the terms and conditions set out in this document and/or the Supplier’s quote, where applicable.
2.1 These Terms and Conditions shall apply to all contracts for the supply of Services by the Supplier to the Customer and shall prevail over any other documentation or communication from the Customer.
2.2 Any variation to these Terms and Conditions must be agreed in writing by the Supplier.
3 PRICE AND PAYMENT
3.1 Unless otherwise stated on the Supplier’s website, the price and delivery terms will be defined in the Supplier’s quote. Where the Services have been quoted, payment by the Customer shall be as follows:
(a) 50% on acceptance of the Supplier’s quote;
(b) Remaining 50% seven (7) days before the agreed delivery date.
3.4 The Supplier reserves the right to modify, update or run promotions on any Service at any time. The Supplier reserves the right to change the price of any service at any time. Once a service has been ordered, the price shall remain fixed for the Customer. Under no circumstances shall the Supplier refund the difference should the price of that service decrease.
4 CUSTOMER’S OBLIGATIONS
To enable the Supplier to perform its obligations the Customer must:
4.1 Pay for the Services in accordance with these Terms and Conditions.
4.2 Provide the correct details for delivery address and contact person for delivery.
4.3 Where the delivery address is a commercial premise, ensure there is a loading dock for the Services to be performed, with free and unencumbered parking for a minimum of 5 hours. The Customer shall indemnify the Supplier for all costs, whether by way of parking fees or fines, if this condition is not met.
5 SUPPLIER’S OBLIGATIONS
5.1 The Supplier shall perform the Services with reasonable skill and care and to a reasonable standard.
6 LIMITATION OF LIABILITY
6.1 The Supplier will not be liable to the Customer or any third party (whether for breach of contract, under indemnity, negligence or on any other legal or equitable basis) for:
(a) any loss or damage caused to the Supplier, any property or person, including any third party arising directly or indirectly out of any negligence, poor performance, misconduct or any other act;
(b) any expenses, liabilities, fees or any loss of use, loss of production, loss of profit, loss of income, loss of business, loss of contract, loss of anticipated saving, loss arising out of any delay, financing costs, increases in operating costs or any other special, indirect or consequential loss or damage arising as a result of these Terms and Conditions or the provision of the Services by the Supplier.
6.2 The Supplier’s total aggregate liability is limited to the value of the order placed by the Customer.
7.1 Cancellations, for any reason, are non-refundable.
7.2 Whether or not to offer a credit is at the absolute discretion of the Supplier.
8 FORCE MAJEURE
8.1 Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, epidemics, pandemics, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
9.1 If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
10 RETURN OF EQUIPMENT
10.1 All boards, serving equipment and display items (collectively, the Equipment”) must be thoroughly cleaned and returned to Goodness Gracious Sydney within two (2) calendar days of the delivery date. This is an essential term of these terms and conditions.
10.2 In the event that the Equipment is:
(a) not thoroughly cleaned; or
(b) damaged in any way, including such things as minor chips or dents; or
(c) not returned within 2 calendar days of the delivery date,
then the Customer unconditionally consents to, and indemnifies the Supplier for, an additional replacement, delivery and/or cleaning fee at the sole discretion of the Supplier.
11 INTELLECTUAL PROPERTY
The Site, products and services contain intellectual property owned by us and / or by third-parties that license the content to us (“Third-Party Licensed Intellectual Property”), including, without limitation, trademarks, copyrights, proprietary information, designs, patents and other intellectual property rights, as well as the business name, logo, all designs, text, videos, audio files, graphics, other files, and software (“Content”). Your use of the Site, the services and access to any content does not grant or transfer any rights, title or interest to you in relation to this Site, the services, products or the content.
No Commercial Use
You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever the Site, services or the Content, our Intellectual Property and Third-Party Licensed Intellectual Property in whole or in part without our prior written consent. We reserve the right to immediately remove your access to our Site, products and services, Content, without refund, if you are found to be violating these Terms.
12 GOVERNING LAW
12.1 This Contract is governed by and construed in accordance with the laws of NSW. Each party to this Contract submits to the non-exclusive jurisdiction of the courts of NSW.