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Conditions of Sale

as at 21 April 2024
  1. Definitions
    1. “The Supplier” means Fastrac Foodservice Pty Ltd ABN 97 006 683 932, its successors and/or assigns.
    2. “The Applicant” means means the legal entity or entities named in the Application for An Account as applying to trade with the Supplier on a commercial credit basis.
  2. Reservation of Title
    1. Property in the goods shall not pass to the Applicant until the whole of the purchase price payable in respect thereof has been received by the Supplier. The Supplier shall be entitled to take possession of all goods delivered until the purchase price thereof has been paid in full.
  3. Security/Charges
    1. The Applicant charges in favour of the Supplier all of its estate and interest in any real property that the Applicant owns at present and in the future with the amount of its indebtedness hereunder until discharged.
    2. The Applicant charges in favour of the Supplier all of its estate and interest in any personal property that the Supplier owns at present and in the future with the amount of its indebtedness hereunder until discharged.
  4. Payment Terms
    1. All accounts are strictly seven (7) days (or such other period as nominated by the Supplier herein) from the date of invoice and payment is due and payable on that date.
    2. Receipt of the full amount due by the Supplier shall evidence the passing of property in the goods to which the payment relates or is determined to relate by the Supplier if the Applicant does not indicate otherwise. The Applicant hereby authorizes the Supplier at its discretion to appropriate any moneys received against amounts due by the Applicant to the Supplier in respect of the goods. If payment is not made on the due dates, then the Supplier reserves the right to charge interest at a rate of 18% per annum on all moneys then outstanding from the Applicant to the Supplier. Such interest is to be determined on a daily basis.
    3. In the event that the Applicant fails to pay for the goods in accordance with the time stipulated in Clause 4.1 hereof or within such alternative time as may be agreed, such failure will constitute a breach of this agreement and the Supplier shall thereafter be entitled to retake possession of the goods and to that purpose shall be entitled to enter upon the Applicant’s premises for the purpose of retaking possession of the said goods.
    4. The Supplier reserves the right to withdraw credit at any time, whether the Applicant is in default under the terms of this agreement or not.
    5. Upon cancellation of credit terms with or without notice all liabilities incurred by the Applicant become immediately due and payable to the Supplier.
  5. Costs
    1. In the event the Applicant defaults pursuant to our payment terms, the Applicant will be liable for all out-of-pocket expenses and all other reasonable expenses including debt collection commission (as if the account had been collected) and any other contingent expenses and legal costs on a solicitor/own basis incurred by the Supplier for enforcement of obligations and recovery of moneys due from the Applicant to the Supplier.
    2. The Applicant must pay for its own legal, accounting and business costs and all costs incurred by the Supplier relating to any default by the Applicant. The Applicant must also pay for all stamp duty and other taxes payable on this agreement (if any).
  6. Supply/Returns
    1. The Supplier reserves the right to accept or decline any order in whole or part.
    2. The Supplier reserves the right to make part supply of any order and each part supply shall constitute a separate contract. Failure to supply a total order shall not invalidate any contract as regards supply of part of the order.
    3. No returns shall be accepted by the Supplier unless authorized by the Supplier’s representative.
    4. It is the Applicant’s responsibility to ensure that goods are checked at the time of delivery. Faulty goods must be returned to the Supplier if credit is claimed for such goods. Return of goods does not necessarily entitle the Applicant to a credit in respect of those goods.
    5. Nothing in these Conditions of Sale or any circumstance arising from the fact that the Applicant obtains possession of the goods prior to obtaining property in the goods or any other circumstance makes the Applicant the agent for the Supplier for any purpose whatsoever.
    6. Any claims for credit for faulty stock, over charges, or any similar claims must be received in writing by the Supplier within five (5) days of the date of supply or the Customer will be considered to have waived any right to claim against the Supplier.
    7. If a delivery date is specified by the Applicant, the Supplier will in no circumstances be liable for any loss or damage of any kind whatsoever suffered or incurred by the Applicant as a consequence or part, or late delivery. Any delay in delivery will not constitute grounds for cancellation of the subject order or any other order by the Applicant.
  7. Jurisdiction
    1. Unless otherwise agreed in writing by us, the Courts of Victoria will have exclusive jurisdiction in relation to all matters whatsoever concerning these terms and conditions. You irrevocably waive any obligation to the Courts of Victoria being the selected venue in relation to any legal proceedings concerning these terms and conditions. The laws of Victoria, will govern these terms and conditions.
  8. Change in Control
    1. The Applicant shall give the Supplier not less than fourteen (14) days prior written notice of any proposed change of control or ownership or office holding of the Applicant and/or any other change in the Applicant’s details (including but not limited to, changes in the Applicant’s name, address, contact phone or fax number/s, or business practice). The Applicant shall be liable for any loss incurred by the Supplier as a result of the Applicant’s failure to comply with this clause.
    2. In the event of a change, pursuant to clause 8.1 the Supplier may require that the Applicant enter into a new Application for an Account and may, at its sole discretion, require the Applicant or any other reasonable person to sign a Guarantee and Indemnity.
  9. Acceptance
    1. The Applicant is taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions if the Applicant places an order for or accepts delivery of the Goods or Goods are supplied to you by the Supplier.
  10. Corporations
    1. If the Applicant is a corporation, the Applicant warrants that all of its directors have signed this agreement and that all of its directors will enter into a guarantee and indemnity with the Supplier in relation to the Applicant's obligations to the Supplier.
  11. Trustee capacity
    1. If the Applicant is the trustee of a trust (whether disclosed to the Supplier or not), the Applicant warrants to the Supplier that: (a) the Applicant enters into this agreement in both its capacity as trustee and in its personal capacity; (b) the Applicant has the right to be indemnified out of trust assets; (c) the Applicant has the power under the trust deed to sign this agreement; and (d) the Applicant will not retire as trustee of the trust or appoint any new or additional trustee without advising the Supplier. The Applicant must give the Supplier a copy of the trust deed upon request.
  12. Partnership
    1. If the Applicant enters into this agreement as partners, the Applicant warrants that all of the partners have signed this agreement and that all of the partners will enter into a guarantee and indemnity with the Supplier in relation to the Applicant's obligations to the Supplier.
    2. If the Applicant is a partnership, it must not alter its partnership (for example, adding or removing partners or altering its partnership agreement) without advising the Supplier. In the case of a change of partners, the Supplier may ask for new guarantors to sign a guarantee and indemnity.
  13. Indemnity
    1. The Applicant agrees to indemnify the Supplier and keep the Supplier indemnified against any claim. This indemnity includes any legal fees and expenses the Supplier incurs in order to enforce its rights, on an indemnity basis.
  14. Severance
    1. If any provision of this agreement is not enforceable in accordance with its terms, other provisions which are self-sustaining are, and continue to be, enforceable in accordance with their terms.
    2. If any part of this agreement is invalid or unenforceable, that part is deleted and the remainder of the agreement remains effective.
  15. Variation
    1. The Applicant agrees that these terms and conditions may be varied, added to, or amended by an authorised officer of the Supplier at any time by written notice to the Applicant.
    2. Any proposed variation to these terms and conditions by the Applicant must be requested in writing. The Supplier may refuse any such request without providing reasons either orally or in writing.
    3. These Conditions of Sale contain the whole contract between the Supplier and the Applicant and no variation of these Conditions of Sale shall be binding to the Supplier unless assented to on its behalf in writing.
    4. Goods are sold by the Supplier only on these Conditions of Sale to the exclusion of anything to the contrary in the terms of the Applicant’s order notwithstanding that any such order is placed on such terms as purport to override these Conditions of Sale.
  16. Privacy
    • All personal information gathered by the Supplier will be handled in accordance with the Privacy Act 1988

PRIVACY ACT 1988 AUTHORISATION

To enable the Supplier to assess the credit application or to review any existing credit, the Applicant and Guarantors authorise the Supplier to obtain: from a credit reporting agency a credit report containing personal information about the Applicant and Guarantors in relation to credit provided by the Supplier (section 18K(1)(a) of the Privacy Act); a report from a credit reporting agency containing personal information about the Applicant and the Guarantors (section 18K(1)(b) of the Privacy Act ); and a report containing information about the Applicant’s and the Guarantors' commercial activities or commercial credit worthiness from a business which provides information about the commercial credit worthiness of a person or an entity in relation to credit provided by the Supplier (section 18L (4) of the Privacy Act).

The Applicant authorises the Supplier to provide certain personal information about the Applicant under section 18E(8)(c) of the Privacy Act. The information which may be given to an agency is covered by section 18E(1) of the Act and includes:

  1. the fact that application for credit has been made;
  2. the fact that the Supplier is a credit provider to the Applicant;
  3. payments which become overdue more than 60 days;
  4. advice that payments are no longer overdue;
  5. cheques drawn by the Applicant in excess of $100 that have been dishonoured more than once;
  6. in specified circumstances, that in the opinion of the Supplier the Applicant has committed a serious credit infringement;
  7. that the credit provided to the Applicant by the Supplier has been discharged.

In accordance with section 18N(1)(b) of the Privacy Act, the Applicant authorises the Supplier to give and obtain from credit providers named in this credit application and credit providers that may be named in a credit report issued by a credit reporting agency information about the Applicant's credit arrangement. The Applicant acknowledges that the information can include any information about the Applicant’s credit worthiness, credit standing, credit history or credit capacity that credit providers are allowed to give or receive from each other under the Privacy