Terms and Conditions
*BOB & PETE’S PTY LTD RESERVES THE RIGHT TO CHANGE THESE TERMS AND CONDITIONS WITHOUT NOTICE
Please read the following very carefully, because by placing an order for goods with Bob & Pete’s 100% Yum, you are acknowledging and agreeing to abide by the following terms and conditions or those applicable at the time.
These terms and conditions apply to the supply of all goods (Goods) by us to the Applicant.
ORDER CLOSING TIMES
Orders for ‘next day delivery’ must be received by us no later than 3.00pm WEEKDAYS and 11:00am SUNDAYS. Orders for the following day will NOT be processed if placed after these deadlines. Special ordering times will apply for PUBLIC HOLIDAYS so please contact us or check online www.yum.com.au if you have not received written notification in your box during the week prior.
Due to the administration, delivery and packaging costs involved, the minimum daily order per delivery is $35 (excl. GST) for regular weekly customers. A $100 (GST exclusive) minimum order will apply to one off orders. Note, orders below these values may not be delivered or may be rounded up to the required value.
All products that require ‘Temperature Controlled’ (TC) delivery will be subject to a $20 (excl. GST) minimum order. This $20 will be incorporated into our current minimum order value of $35 and not in addition to it. The delivery of temperature-controlled products in an icebox is necessary to ensure you receive products in a food safe condition. We may make temporary changes to minimum order amounts from time to time.
A delivery charge of $8 (excl. GST) will apply to all orders below $75 (excl. GST).
We strongly recommend you place ‘Standard Orders’, which will operate as ‘insurance’ against failure to place an order within our cut-off times, and may be adjusted or modified at any time to meet your daily needs.
We try to ensure that our deliveries are made between 4.00am - 10.00am, up to six days a week. We will strive to organise delivery at a mutually convenient time. However due to the unpredictability of traffic and weather, we cannot guarantee delivery times. If your nominated delivery address cannot be attended at the delivery time, it is your responsibility to provide a secure place for orders to be left and boxes to be returned.
Bob & Pete’s will not be responsible for, nor reimburse for theft or damage arising from an insecure delivery location provided by you. Please notify our office immediately by telephone if delivery instructions need to be altered.
- Any claim by the Applicant that any Goods delivered by us are defective, damaged or in any way unmerchantable, or do not match or are not in accordance with the Goods ordered, must be communicated to us within twenty-four (24) hours of the delivery of the Goods. If written notice of any claim is not received by us within twenty-four (24) hours of delivery of the Goods, no claim by the Applicant shall be accepted by us.
- We will not accept liability for any direct, indirect or consequential damages, loss of profit or loss of business opportunity of the Applicant due to our performance, or failure to perform, under this Agreement.
- To the maximum extent the law permits, our liability with respect to any claims by the Applicant in relation to our obligations under this Agreement, any guarantees, warranties or statutory duty, is limited to the replacement, re-supply or repair of the Goods, or alternatively (and where the Goods have been paid for by the Applicant) a credit limited to the amount paid by or on behalf of the Applicant for the subject Good, at our discretion.
CANCELLATION OF ORDERS AND RETURNS
- Once an order has been invoiced, we will not accept a cancellation of the order.
- It is our policy not to accept returns if you are unable to sell over - ordered products or accidentally order the wrong product.
- All requests for refund must be notified in writing to email@example.com. On approval, a refund will be initiated to the orginal method of payment.
N.B. Our drivers have been instructed not to accept any returns unless authorised by our office.
In line with the Environmental Protection Authority initiatives, delivery boxes must be returned to your driver for recycling.
All payments must be made in accordance with the agreed terms as stipulated on your invoice.
Prices are subject to change at our discretion, and slight rounding may occur as a result of the GST component charged on certain products.
JURISDICTION PERSONAL PROPERTY SECURITIES ACT 2009 (001) (PPSA)
- The Applicant:
- hereby grants to us a Security Interest, as defined in the Personal Property Securities Act 2009 (Cth) (PPSA) in the Goods and in the proceeds of sale in respect of the Goods;
- Agrees that if any Goods become part of a product or mass, the Security Interest continues in the product or mass in accordance with Part 3.4 of the PPSA;
- Agrees that the Security Interest secures all or part of the purchase price of the Goods;
- Agrees that the Security Interest arising under any retention of title is a 'purchase money security interest' (PMSI) to the extent it can be under section 14 of the PPSA;
- Agrees that we may register our Security Interest as a PMSI on the Personal Property Securities Register;
- Agrees to do all things and execute & documents reasonably required by us to ensure that we acquire a Perfected Security Interest in the Goals under the PPSA;
- Agrees to waive its right to recover notice under section 130(1) or section 135(1) of the PPSA and to object under section 137 of the PPSA;
- Agrees that it will indemnify us for any cost we incur in registering, mainlining, discharging and/or enforcing the Security Interest created by this Agreement; and
- Agrees that it will immediately notify us of any change to it that would require a Financing Change Statement (as defined in the PPSA) to be lodged.
- Agrees that it will not enter into any agreement or arrangement which permits any other person to register any Security Interest in respect of the Goods, the proceeds of sale of the Goods, or any amounts owed in respect of the Goods without our prior written consent.
- We and the Applicant agree that neither will disclose to any "Interested persons" (as defined in section 275(9) of the PPSA) or any other person, any information of the kind described in section 275(1) of the PPSA.
- The Applicant acknowledges, agrees, and undertakes to:
- Not register a financing change statement as defined in section 10 of the PPSA or make a demand to alter the financing statement pursuant to section 178 of the PPSA in respect of the Goods Without our prior written consent;
- Give us not less than 14 days written notice of any proposed change in the Applicant's name and/or any other changes in the Applicant's details (including but not limited to, a change of postal or business address, facsimile number, email address, trading name or business practice);
- Waive any rights that the Applicant may have had under section 115 of the PPSA upon enforcement;
- Waive the right to receive the Verification Statement In respect e any Financing Statement or Financing Interest Statement relating to the Security Interest, pursuant to section 157 of the PPSA, unless otherwise agreed in writing by us; and
- Release and hold harmless us from any liability whatsoever in the event of any dispute between us and the Applicant as to whether any interest registered on the PPSR constitutes a valid Security Interest.
- For the purposes of this Agreement, an event of default means, but is not limited to:
- A failure by the Applicant to comply with any of its obligations under this Agreement, including but not limited to, paying any amounts due and payable under this Agreement;
- The Applicant ceasing trading;
- A receiver, manager, external controller, administrator or liquidator being appointed to the Applicant or Guarantor or any of their property;
- A bankruptcy trustee being appointed to the Applicant or Guarantor; and
- An order or resolution is made that the Applicant or Guarantor be wound-up.
- If an event of default occurs, we will be entitled, at our discretion, to terminate this Agreement immediately. We also reserve the right to cancel credit facilities and make immediate demand for all monies outstanding.
The Applicant indemnifies us from and against any and all losses, costs, charges and expenses whatsoever that we may suffer or incur, including but not limited to professional collection costs and solicitor's costs on an indemnity basis, as a consequence, whether directly or indirectly of any failure by the Applicant to comply with its obligations pursuant to any Agreement between us and the Applicant.
The Applicant must pay us any amounts required by this Agreement without set-off or counter claim.
If the Applicant fails to pay us any amounts owed in accordance with this Agreement, interest shall be charged at 10% per annum on all outstanding monies.
This Agreement shall be governed by and interpreted under the laws of New South Wales and the parties shall submit to the non-exclusive jurisdiction of the courts of that state.