General Terms and Conditions of Sale

01. All goods and services ("Products") supplied by Brisbane Wholesale Foods ("BWF") are supplied on these terms and conditions, the supply of which is also subject to additional terms and conditions of sale.

02. No order shall be binding on BWF until accepted by BWF. An individual contract for the supply of Products, on these terms and conditions, is formed on acceptance by BWF of an order from the Customer. BWF reserves the right to accept any order in whole or in part. Where Attiwill pty ltd makes a part delivery of any order, such delivery shall constitute a separate contract. No order may be cancelled or varied after acceptance by BWF.

03. All orders must be paid for via valid credit card at the time of order placement.

04. Ownership in the Products does not pass to the Customer until the Customer has discharged all outstanding indebtedness, whether in respect of the Products or otherwise, to BWF. Risk in the Products will pass on delivery to the Customer.

05. BWF reserves the right to charge for delivery of the Products at any time, notwithstanding that it may not have previously done so. Administrative fees may also be imposed for orders under certain dollar values.

06. Any Products, which are damaged or defective, delivered after their "use by" or "best before" date, or which are not otherwise in accordance with the Customer's order, may be returned to BWF within 7 days of the invoice date, at no cost to the customer, provided the customer informs BWF within 48hrs of receiving the product. Products may not otherwise be returned.

07. Goods may be exchanged within 3 weeks of invoice date, provided they are returned unworn, unwashed and otherwise in a saleable condition. Standard postage & handling rates will be deducted from your credit card for re-delivery within Australia or New Zealand. For overseas exchanges, re-delivery costs will be at the original freight charge.

08. Except for those required or implied by legislation, BWF gives no express warranty in relation to products and services supplied to the Customer, and the Customer acknowledges that it has not relied on any representation or warranty made by or on behalf of BWF Certain legislation may imply conditions and warranties into these terms and conditions. To the extent that such conditions and warranties may lawfully be excluded, all such conditions and warranties are expressly excluded. The liability of BWF under or arising out of the supply of goods and services for breach of any term, condition or warranty implied in or imposed upon the supply of goods and/or services by legislation, shall be limited, at the option or BWF:

• a. If the breach or liability relates to goods:
  • i. the replacement of the goods or the supply of equivalent goods;
  • ii. the repair of the goods;
  • iii. the payment of the cost of replacing the goods or of acquiring equivalent goods; or
  • iv. the payment of the cost of having the goods repaired;
• b. if the breach or liability relates to services;
  • i. the supplying of the services again; or
  • ii. the payment of the cost of having the services supplied again.

Except as expressly provided above, BWF shall not be under any liability to the Customer in respect of any loss or damage (including consequential or indirect loss or damage or loss of profits) however caused, which may be suffered or incurred or which may arise directly or indirectly in respect of the Products, any services supplied by BWF or the failure of Attiwill pty ltd to comply with these terms and conditions.

09. These terms and conditions will apply to the exclusion of all other terms and conditions contained in the Customer's order. In the event of any inconsistency, BWF will be deemed, by delivering the Products to the Customer or supplying services to the Customer, to have made an offer to the Customer to sell the Products or supply the services pursuant to these terms and conditions, which offer will be deemed to have been accepted if the Customer retains the Products or accepts the services. BWF reserves the right to change these Terms and Conditions at any time.

10. BWF reserves the right to recover from the Customer all goods and services tax ("GST") payable in respect of the supply of goods and services to the Customer.

11. These terms and conditions are governed by and will be construed in accordance with the laws of South Australia and the parties agree to submit to the jurisdiction of the courts of that state.

12. The failure by BWF to exercise, or any delay in exercising, any right, power or privilege available to it under these terms and conditions will not operate as a waiver thereof or preclude any other or further exercise thereof or the exercise of any other right or power.