Coffee Direct Australia Pty Ltd

• Coffee / Tea
  • Espresso Pods
  • Coffee Pods for Senseo®
  • Beans
  • Ground Coffee
  • Tea
• Coffee Machines
• Accessories
• Order Form
• Advantages of Coffee Pods
• For the Office
• Client Testimonials
• Certificates
• News & Coffee Recipes

TERMS AND CONDITIONS OF SALE

1. These terms and conditions of sale (“Conditions”) form part of every sale of product/service by Coffee Direct Australia Pty Ltd (CDA) (“us” and/or “we” as the context permits) and by accepting provision of any product/service, the customer (“you”) acknowledge that the product/service purchased is subject to these Conditions.
2. These Conditions must be read in conjunction with and form part of the agreement between you and us relating to the services, usually constituted by an order.
3. Payment in full for any product/service ordered must be made by you no later than the date mentioned on the invoice (the “Due Date”), unless otherwise agreed in writing by us, time being of the essence. A $30.00 fee will apply for each and every dishonoured cheque.
4. If you do not make payment by the Due Date in accordance with clause 3, you must (unless we agree to provide extended credit terms) pay to us interest on the quoted fee for the product/service computed from the Due Date until payment is made at a rate of interest equivalent to twelve percent (12%) per annum calculated on a daily basis. If the arrangements provided under this clause would otherwise constitute a credit contract as defined in the Consumer Credit Code the provision of credit by us is limited to a total period not exceeding sixty-two (62) days. Nothing in this clause imposes an obligation on us to extend credit to you for any period at all and product/service will not provided nor credit given where an account is outstanding beyond forty-five (45) days from the date of a statement.
5. We will make all reasonable efforts to provide the product/service to you on the date agreed but we are under no liability if provision is not made on that date.
6. If you default in any payment or commit any act of bankruptcy or, being a Company, enter into liquidation or provisional liquidation whether compulsory or voluntary other than for the purpose of amalgamation or reconstruction or compound with your creditors generally or have a receiver or receiver and manager or administrator appointed over all or part of your assets, suffer any similar action in consequence of debt or become unable to repay your debts as they fall due, or pass a resolution for winding up other than for the purpose of reconstruction or a petition is presented for winding-up or bankruptcy, we may without prejudice to our own rights either suspend further provision of the product/service pursuant to clause 4 of these Conditions, require payment in advance upon placement of orders for all the product/service or terminate any contract by notice to you.
7. These Conditions apply despite any arrangements under which you provide credit to us (if any). To the extent there is inconsistency these Conditions prevail.
8. Our liability to you for breach of contract, negligence or otherwise in respect of the product/service or supply of the product/service is limited to the replacement of the product/service or supply of equivalent product/service or the payment of the purchase price of the product/service being at our absolute discretion. Without limitation we are not liable for consequential loss or damages however arising.
9. You and we agree that the proper law governing our relationship and these Conditions is that of the state of New South Wales and that any proceeding in respect of any dispute arising out of these Conditions or the product/service must be commenced in the Courts of New South Wales.
10. We are not liable for infringement or unauthorised use of any intellectual property right arising from performance of these Conditions and you warrant that you have the right to use, reproduce and/or modify the material you have requested us to reproduce, copy and/or modify (including conversion from one format and/or operating system to another).
11. You further agree by placing an order with us to indemnify us against all claims, proceedings, demands, costs and liabilities arising in connection with any breach of the warranties contained in this clause. If any dispute or claim is made in respect of any infringement or unauthorised use of intellectual property we may terminate the arrangements with you by notice to you and without any liability by us to you or any other person.
12. Nothing in Conditions creates any agency or partnership between you and us.

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