1. Sumatra Coffee House means Sumatra Coffee House Pty Ltd ABN 5115840487 or any person acting on behalf of and with the authority of Sumatra Coffee House Pty Ltd.
2. Customer means the party or any person acting on behalf of and with the authority of the Customer who purchases goods from Sumatra Coffee House.
3. Goods mean the goods supplied by Sumatra Coffee House to the Customer.
4. Price means the price payable for the Goods
5. Order means an order for Goods placed by Customer with Sumatra Coffee House.
6. Online Order means all Order made through Sumatra Coffee House Website online store.
7. Website means Sumatra Coffee House website located at the address www.sumatracoffeehouse.com.au
8. Terms mean these Terms and Conditions of Sale.
1. These Terms apply to all contracts for the sale of Goods by Sumatra Coffee House excluding Online Order.
2. All Online Order is governed by Online Trading Terms.
3. These Terms are binding on the Customer, his heirs, assignees, executors, trustees guarantors and where applicable, any liquidator, receiver or administrator.
PLACEMENT OF ORDERS
1. Orders placed by the Customer will be considered valid when placing the Order in person, including by telephone and/or in writing and that Sumatra Coffee House confirms its acceptance in writing or does not reject the Order within 3 business days.
2. By placing an Order the Customer bound by these Terms.
3. Order for Goods once placed by the Customer cannot be cancelled unless Sumatra Coffee House otherwise agrees in its absolute discretion.
PRICE AND QUOTATIONS
1. Prices are determined at the time of Sumatra Coffee House acceptance of Order.
2. All prices are based on taxes and statutory charges current at the time of the invoice.
3. Any Quotation issued by Sumatra Coffee House is valid for the time as stated in the quotation.
PAYMENT AND CREDIT
1. Payment Terms for any Order will be determined by Sumatra Coffee House in its sole discretion.
2. Payment is to be made to Sumatra Coffee House without any deduction or discount other than stated in these Terms or in the relevant invoice or statement.
3. Time for payment for the Goods will be stated on the invoice or any other forms.
4. Payment for Order may be made by cash, or by cheque, or by bank cheque, or by credit card, or by direct credit, or by any other method as agreed to between the Customer and Sumatra Coffee House.
5. If the Customer fails to pay Sumatra Coffee House in full on or before the due date for payment stated in Invoice, without prejudice to any other rights Sumatra Coffee House may have against the Customer, Sumatra Coffee House may, in its discretion:
a. Calculate interest at the rate of 11% on a daily basis from the due date until payment is received.
b. Sumatra Coffee House will be entitled to cancel or withhold supply or delivery of further goods to the Customer until the Customer pays all amounts due to Sumatra Coffee House.
6. Credit will only be granted at the sole discretion of Sumatra Coffee House.
7. Sumatra Coffee House reserves the right to withdraw any credit facility upon any breach by the Customer of these Terms of Condition or being subject to any legal proceedings and/or the Customer committing and acts of insolvency.
DELIVERY OF GOODS
1. Sumatra Coffee House will arrange delivery of Goods only after its acceptance of Order.
2. Delivery of Goods will be at the Customer’s place of business or as agreed and specified in writing to Sumatra Coffee House.
3. All expenses of and incidental to Delivery of Goods, including but not limited to delivery, insurance, transit, insurance and storage whenever needed are to be paid by Customer.
4. Sumatra Coffee House will use reasonable endeavour to deliver the goods by agreed date, however, Sumatra Coffee House will not be liable for any delay or for any loss or damage arising from late or failure of delivery.
5. In the event of late delivery, the Customer agrees to accept Delivery and to pay to Sumatra Coffee House all amounts due.
1. Legal and beneficial ownership of the Goods will not pass to the Customer until:
a. such time as the Goods have been paid in full in cash or cleared funds.
b. the Customer has met all other obligations due by the Customer to Sumatra Coffee House.
2. Sumatra Coffee House will issue a receipt of payment only after the payment has been cleared or recognised.
RISK AND INSURANCE
1. All risk for the Goods entirely passes to the customer on delivery.
2. The Customer must, at its own expense, maintain the Goods and insure them for the benefit of Sumatra Coffee House against theft, fire, water and other risks from the moment of delivery to the Customer and until title in the Goods has passed to the Customer.
DEFECT AND INSPECTION
1. Customer shall notify Sumatra Coffee House within three (3) days of delivery in the case of any alleged defect, shortage in quantity, damage or failure to comply with description or quote.
2. If the Customer fails to notify Sumatra Coffee House within this period, the Customer must pay for Goods in full.
1. The Customer may not return the Goods unless they are defective or damaged. Any claim for defective or damaged Goods is subject to inspection and approval by Sumatra Coffee House and the return will be at no cost to the Customer.
DEFAULT & ENFORCEMENT
1. If Sumatra Coffee House does not receive the Outstanding Balance for the Goods within thirty (30) days after the due date stated in the invoice, Sumatra Coffee House may, without prejudice to any remedy it may have, forward the Customer’s outstanding account to a debt collection agency for further action.
2. In the event where your overdue account is referred to a collection agency and/or law firm, you will be liable for all costs which would be incurred as if the debt is collected in full, including legal demand cost.
3. All unpaid Goods remain the property of Sumatra Coffee House and in the event of Default if the Customer fails to return the Goods to Sumatra Coffee House then Sumatra Coffee House or Sumatra Coffee House’s agent may enter upon and into land and premises owned, occupied or used by the Customer, or any premises where the Goods are situated and take possession of the Goods.
1. Sumatra Coffee House may cancel any contract to which these terms and condition apply or cancel delivery of Goods at any time before the Goods are delivered by giving written notice to the Customer. On giving such notice Sumatra Coffee House shall refund to the Customer any sums paid in respect of the Price. However, Sumatra Coffee House shall not be liable for any loss or damage whatever arising from such cancellation.
1. Sumatra Coffee House will not be liable fro any breach of contract due to any matter or thing beyond the Company control including but not limited to transport breakdown, fire, flood, earthquakes, acts of God, strikes, lock-outs, work stoppages, wars, riots or civil commotion, intervention or public authority, explosion or accident.
LIMITATION OF DAMAGE
1. The Customer acknowledges that in the event of any breach of this Agreement/Order by the Sumatra Coffee House including indirect, special or consequential loss, the remedies of the Customer shall be limited to damages, which under no circumstances shall exceed the Price.
1. These terms and conditions and any contract to which they apply shall be governed by the laws of New South Wales and are subject to the jurisdiction of the courts of New South Wales.