- These terms and conditions are incorporated into all contracts for the supply of goods to the customer, as defined in the order form which can be downloaded from the website www.fathermac.org.au (“Order Form”), by Father Mac’s Heavenly Puddings Limited ABN 27 056 750 997 (“us, our, we”). They supersede any previously issued terms and conditions.
- Where there is a separate written agreement concerning goods which has been signed by our authorised representative, the terms of that agreement will prevail over these terms and conditions.
- Goods supplied may differ in non material respects from those advertised in our catalogue or other promotional material.
- The price payable for the goods is the total price specified in our current price list or catalogue less any discounts agreed in advance in writing by us plus the applicable cost of packaging, and freight (“delivery charges”). Prices and delivery charges are subject to change without notice.
- Goods will be despatched for delivery after the price and delivery charges are paid.
- All prices are inclusive of GST.
- We reserve the right to charge the customer a surcharge for payments made by credit card. We reserve the right to make changes to this surcharge from time to time or extend the surcharge to other methods of payment.
- For bulk orders, we may require the customer to complete and submit with an Order Form a customer account application (“Application”). Acceptance of an order is subject to approval of the Application.
- The customer authorises us to carry out any credit checks with third parties as we may require. The customer authorises us to make any enquiries and to use, exchange or disclose any information which is disclosed in the Application or is obtained by us from any third party from or to any other credit provider or credit reporting agency:
a. concerning the customer’s credit worthiness; and
b. for the purpose of providing or obtaining a reference.
- We may impose credit limits which may be varied by us from time to time. If the customer exceeds the credit limit, goods will be withheld until the account is back within the credit limit.
- The customer must pay the amount specified in an invoice in full within 30 days of the date of the invoice unless we agree otherwise in writing.
- If the customer does not pay us the invoiced amount in full within the time stipulated in the invoice, we may submit the invoice to a collection agency. If we do, the customer agrees that we may recover the outstanding amount specified in the invoice including interest, our legal costs, bank fees and charges and other expenses incurred in attempting to recover the debt, any fees and commissions or other amounts we pay to any collection agency to act on our behalf.
- Where we make individual deliveries of goods or deliveries in instalments, the customer may be invoiced separately for each delivery, in which case, the customer agrees to pay each invoice according to its terms.
- Orders for goods are accepted by us subject to availability of stock and may be delivered in two or more instalments. We have no liability for any loss of trade or profit to the customer as a result of delay in delivery or delivery of incorrect or faulty goods.
- Delivery will be made to the address specified in the Order Form and in accordance with the delivery instructions specified in the Order Form. Risk in the goods passes to the customer upon delivery under this clause. Title to the goods will pass to the customer on payment of our invoice in full.
- Time is not of the essence for delivery of goods and our liability for incorrect delivery or failure to deliver is limited to the replacement of the goods.
Loss or Damage in Transit
- Claims for damage or partial delivery or complete loss of consignment must be notified to us within 30 days of the date of invoice.
- Notices sent by the customer must be sent by prepaid post to us at the address on the Order Form. The notice must state the customer’s name and account number if applicable. Notices sent by us will be sent to the customer’s last known address.
- Any change to the customer’s details, including name, invoice, delivery and site addresses must be notified to us in writing within 30 days of the date of the change.
- We may cancel or suspend delivery of any goods in the event of any delay or non performance due directly or indirectly to wars, terrorism, strikes, lockouts, delays or defaults of manufacturers or suppliers, act of God or any other cause beyond our reasonable control.
Choice of Law