1.1 “Suppliers” mean Doppio Or Nothing Espresso.
1.2 “Purchaser” means the person ordering the goods the subject of this Contract.
1.3 “Goods” means the goods supplied by Supplier – Doppio Or Nothing Espresso
1.4 “Date of delivery” is the date upon which the goods are delivered to the premises of the Purchaser or to the Purchasers nominated carrier.
1.5 “The Monies Due” includes the purchase price for the goods and any delivery and freight charges, G.S.T. and extra packaging charges, if any.
The only contractual terms which are binding upon the Suppliers are those set forth herein or otherwise agreed to in writing by the Suppliers and those which imposed and which cannot be excluded by law. All other conditions, warranties, representations, statements and obligations, whether expressed or implied which would otherwise be binding on the Suppliers are to the extent permitted by law hereby expressly excluded and negative
3.1 Unless and until a Credit Account is opened in favour of the Purchaser by the Suppliers, orders shall only be accepted by the Supplier on the basis of payment for the order being made at the time the order is placed.
3.2 Orders for non stocked goods and custom made goods;
3.2.1 Shall only be accepted by Suppliers when such orders are in writing and;
3.2.2 Shall not be subsequently cancelled by the customer unless agreed to in writing by the Suppliers.
Goods may only be returned to the Suppliers subject to the conditions as follows:
4.1 The Suppliers must be notified by the Purchaser of the Purchasers intention to return goods and the return MUST be authorised by the Company in writing by the issuing of the suppliers authorisation number before such return is effected.
4.2 The Suppliers shall not accept the return of goods unless such goods are returned to the Suppliers within seven days of the date of receipt by the Purchaser of such goods pursuant to an order.
4.3 Goods returned must be accompanied with the relevant invoice number, tile Suppliers authorisation number and the name and address of the Purchaser and via the Suppliers nominated carrier.
4.4 The Purchaser shall be responsible for all charges and costs incurred in the return of goods unless the Suppliers determine otherwise.
4.5 Credit claims for shortages must be notified to the Suppliers in writing within 48 hours of receipt of the goods.
4.6 The Suppliers shall not accept or agree to a credit claim made where the Purchaser has had the goods delivered directly to the Purchasers printers or embroiderers or any other party other than the purchaser.
4.7 Credit claims shall not be accepted by the supplier where the goods are samples, unless returned within 10 days.
5. PRICE AND PAYMENT
5.1 Prices of goods are subject to periodic change.
5.2 Non stocked goods will be quoted accordingly.
5.3 The Suppliers payment terms are that payment shall be made by the Purchaser to the Suppliers for all goods supplied upon pickup.
5.4 After a credit account has been opened for the Purchaser, the Suppliers will accept and despatch orders on the basis that payment will be received by the Suppliers within 30 days from date of invoice.
5.5 If payment is not made in accordance with Clause 5.3 then interest and administrative charges calculated at the overdraft interest rate charged to the suppliers by the bank shall accrue on the monies due and payment shall be credited by the Suppliers firstly against any interest and administrative charges due.
5.6 Monies due by the Purchaser to the Supplier shall become payable immediately upon the Purchaser committing any act of insolvency.
6.1 Risk in the goods shall pass to the Purchaser at the date of delivery and the Purchaser shall insure all goods that are at its risk.
7.1 Notwithstanding that Risk in the goods shall pass to the Purchaser as herein provided, the full legal and beneficial title to and ownership of the goods shall be retained by and remain with the Suppliers absolutely, until the whole of the monies due under the invoice are paid in full.
7.2 In the event that the Purchaser defaults in the terms of payments for the goods, the Suppliers shall have the right to retake possession of the goods by adopting whatever lawful means may be necessary where ever such goods may be located and the Supplier shall have the right themselves or by their servants, employees, agents or authorised representatives to enter the Purchasers premises without any such person being deemed a trespasser to retake possession of the goods situated or stored thereon.
7.3 The Purchaser may sell the goods to a third party provided that the proceeds of any such sale are kept separate from all other monies held by the Purchaser.
7.4 The Purchaser hereby acknowledges that the Suppliers have a lien over all goods in the possession of the Suppliers which belong to and are owned by the Purchaser to secure payment of any monies due to the Suppliers.
8. CHANGE OF OWNERSHIP
The purchaser hereby agrees to notify the Suppliers in writing of any change of ownership of the Purchaser within seven days from the date of such change and indemnifies the Suppliers against any loss incurred by the Suppliers as a result of the Purchasers failure to do so.
The parties hereby agree that the proper law of all contracts arising between the Suppliers and the Purchaser is the law of the State and the parties hereto agree to submit to the jurisdiction of the Courts of that State.
10. COLLECTION CHARGES
The Purchaser hereby agrees to pay all costs incurred by the Suppliers including commission charges by Collection Agencies and legal costs and disbursements (including Solicitor/Client costs) for the collection of any outstanding monies owed by the Purchaser to the Suppliers.
11. SHIPPING POLICY
See – http://www.doppiornothing.com.au
All transactions are processed in Australian Dollars (AUD).
TERMS AND CONDITIONS – LONG FORM
- “Doppio Or Nothing Espresso” means Doppio Or Nothing Espresso, its successors and assigns or any person acting on behalf of and with the authority of Doppio Or Nothing Espresso.
- “Customer” means the person/s buying the Products as specified in any invoice, document or order, and if there is more than one Customer is a reference to each Customer jointly and severally.
- “Products” means all Products or Services supplied by Doppio Or Nothing Espresso to the Customer at the Customer’s request from time to time (where the context so permits the terms ‘Products’ or ‘Services’ shall be interchangeable for the other).
- “Price” means the Price payable (plus any GST where applicable) for the Products as agreed between Doppio Or Nothing Espresso and the Customer in accordance with clause 6 below.
- “GST” means Goods and Services Tax (GST) as defined within the “A New Tax System (Products and Services Tax) Act 1999” (Cth)
- The Customer is taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions if the Customer places an order for or accepts delivery of the Products.
- These terms and conditions may only be amended with the consent of both parties in writing, and shall prevail to the extent of any inconsistency with any other document or agreement between the Customer and Doppio Or Nothing Espresso.
- Electronic signatures shall be deemed to be accepted by either party providing that the parties have complied with Section9 of the Electronic Transactions Act 2000 or any other applicable provisions of that Act or any Regulations referred to in that Act.
- The Customer accepts and acknowledges that:
- the supply of Products on credit shall not take effect until the Customer has completed a credit application with Doppio Or Nothing Espresso and it has been approved with a credit limit established for the account;
- in the event that the supply of the Products requested exceeds the Customers credit limit and/or the account exceeds the payment terms, Doppio Or Nothing Espresso reserves the right to refuse delivery;
- credit account orders placed less than one thousand dollars ($1000.00), may be required to be paid for in advance, unless otherwise authorised by Doppio Or Nothing Espresso; and
- for online orders whilst Doppio Or Nothing Espresso endeavours to have all advertised Products in stock, but where any Products that form part of an order become unavailable, then the order will only be processed for Products in stock and freight costs will be adjusted accordingly. Should all Products not be available the order will be cancelled. Payment via credit card will not be charged, where Products cannot be supplied.
3: Minimum Order Quantities
- The Customer accepts and acknowledges that orders are subject to minimum order quantities as determined by Doppio Or Nothing Espresso
4: Online Ordering
- The Customer acknowledges and agrees that:
- Doppio Or Nothing Espresso does not guarantee the website’s performance or availability of any of its Products; and
- on-line ordering may be unavailable from time to time for regularly scheduled maintenance and/or upgrades; and
- there are inherent hazards in electronic distribution and as such Doppio Or Nothing Espresso cannot warrant against delays or errors in transmitting data between the customer and Doppio Or Nothing Espresso including orders. The Customer agrees that to the maximum extent permitted by law, Doppio Or Nothing Espresso will not be liable for any losses which the Customer suffers as a result of online-ordering not being available or for delays or errors in transmitting orders.
- Doppio Or Nothing Espresso reserves the right to terminate the Customer’s order in the event that Doppio Or Nothing Espresso learns that the Customer has provided false or misleading information, interfered with other users or the administration of Doppio Or Nothing Espresso’s Services, or violated these terms and conditions.
5: Change in Control
- The Customer shall give Doppio Or Nothing Espresso not less than fourteen (14) days prior written notice of any proposed change of ownership of the Customer and/or any other change in the Customer’s details (including but not limited to, changes in the Customer’s name, address, contact phone or fax number/s, or business practice). The Customer shall be liable for any loss incurred by Doppio Or Nothing Espresso as a result of the Customer’s failure to comply with this clause.
6: Price and Payment
- At Doppio Or Nothing Espresso’s sole discretion, the Price shall be either:
- as indicated on any invoice provided by Doppio Or Nothing Espresso to the Customer; or
- the Price as at the date of delivery of the Products according to Doppio Or Nothing Espresso’s current price list; or
- Doppio Or Nothing Espresso’s quoted price (subject to clause 6.2) which will be valid for the period stated in the quotation or otherwise for a period of thirty (30) days.
- Doppio Or Nothing Espresso reserves the right to change the Price if a variation to Doppio Or Nothing Espresso’s quotation is requested. Any variation from the plan of scheduled Services or specifications of the Products beyond Doppio Or Nothing Espresso’s control (including, but not limited to, any variation as a result of increases to Doppio Or Nothing Espresso in the cost of materials and labour, taxes, levies, international freight and insurance changes, or fluctuations in currency exchange rates, or where the Products cease to be available or are detained for any quarantine and/or inspection) will be charged for on the basis of Doppio Or Nothing Espresso’s quotation and will be shown as variations on the invoice. The Customer shall be required to respond to any variation submitted by Doppio Or Nothing Espresso within ten (10) working days. Failure to do so will entitle Doppio Or Nothing Espresso to add the cost of the variation to the Price. Payment for all variations must be made in full at the time of their completion.
- At Doppio Or Nothing Espresso’s sole discretion, a non-refundable deposit may be required. The deposit amount or percentage of the Price due will be stipulated at the time of the order of the Goods/Services and shall become immediately due and payable. Unless otherwise agreed between the two parties, all orders placed in excess of $5,000.00 will be subject to a fifty percent (50%) non-refundable deposit, regardless of whether a credit account is established.
- Time for payment for the Products being of the essence, the Price will be payable by the Customer on the date/s determined by Doppio Or Nothing Espresso, which may be:
- on delivery of the Products;
- by way of instalments/progress payments in accordance with Doppio Or Nothing Espresso’s payment schedule;
- thirty (30) days following the invoice date;
- the date specified on any invoice or other form as being the date for payment; or
- failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Customer by Doppio Or Nothing Espresso.
- Payment may be made by cash, cheque, bank cheque, electronic/on-line banking, credit card (a surcharge may apply per transaction), or by any other method as agreed to between the Customer and Doppio Or Nothing Espresso.
- The Customer shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Customer by Doppio Or Nothing Espresso nor to withhold payment of any invoice because part of that invoice is in dispute.
- Unless otherwise stated the Price does not include GST. In addition to the Price the Customer must pay to Doppio Or Nothing Espresso an amount equal to any GST Doppio Or Nothing Espresso must pay for any supply by Doppio Or Nothing Espresso under this or any other agreement for the sale of the Products. The Customer must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Customer pays the Price. In addition, the Customer must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.
7: Delivery of Products
- Delivery (“Delivery”) of the Products is taken to occur at the time that:
- the Customer or the Customer’s nominated carrier takes possession of the Products at Doppio Or Nothing Espresso’s address; or
- Doppio Or Nothing Espresso (or Doppio Or Nothing Espresso’s nominated carrier) delivers the Products to the Customer’s nominated address even if the Customer is not present at the address.
- At Doppio Or Nothing Espresso’s sole discretion, the cost of delivery is either included in the Price or is in addition to the Price.
- Doppio Or Nothing Espresso may deliver the Products in separate instalments. Each separate instalment shall be invoiced and paid in accordance with the provisions in these terms and conditions.
- Any time specified by Doppio Or Nothing Espresso for delivery of the Products is an estimate only and Doppio Or Nothing Espresso will not be liable for any loss or damage incurred by the Customer as a result of delivery being late. However both parties agree that they shall make every endeavour to enable the Products to be delivered at the time and place as was arranged between both parties. In the event that Doppio Or Nothing Espresso is unable to supply the Products as agreed solely due to any action or inaction of the Customer, then Doppio Or Nothing Espresso shall be entitled to charge a reasonable fee for redelivery and/or storage.
- The Customer shall ensure that Doppio Or Nothing Espresso has clear and free access to the Customer’s premises at all times to enable them to effect delivery. Doppio Or Nothing Espresso shall not be liable for any loss or damage to the Customer’s premises (including, without limitation, damage to pathways, driveways and concreted or paved or grassed areas) unless due to the negligence of Doppio Or Nothing Espresso.
8: Production Time
- Production time commences:
- when an order is approved by Doppio Or Nothing Espresso
- Doppio Or Nothing Espresso in stock products and accessories, allow 3-5 days and freight;
- Freight time is subject customs clearance, force majeure, remote area allowance, correct addressing and Customer availability to sign and receive goods, such as:
- Courier Freight – allow 3-10 working days plus domestic freight time;
- Air freight – allow 5-15 working days to the port of unloading, plus domestic freight time;
- Sea freight – allow 3-5 weeks to the port of unloading, plus domestic freight time;
- Shipping time maybe increased during Doppio Or Nothing Espresso Annual holidays and peak production periods
10: Product Development
- New products may equire extra delivery time and according to Doppio Or Nothing Espresso schedule and time of year.
- Risk of damage to or loss of the Products passes to the Customer on Delivery and the Customer must insure the Products on or before Delivery.
- If any of the Products are damaged or destroyed following delivery but prior to ownership passing to the Customer, Doppio Or Nothing Espresso is entitled to receive all insurance proceeds payable for the Products. The production of these terms and conditions by Doppio Or Nothing Espresso is sufficient evidence of Doppio Or Nothing Espresso’s rights to receive the insurance proceeds without the need for any person dealing with Doppio Or Nothing Espresso to make further enquiries.
- If the Customer requests Doppio Or Nothing Espresso to leave Products outside Doppio Or Nothing Espresso’s premises for collection or to deliver the Products to an unattended location, then such Products shall be left at the Customer’s sole risk.
- If Doppio Or Nothing Espresso is requested to organise additional supplies or Services from a third party supplier on behalf of the Customer, the Customer thereby acknowledges their obligation of payment for such orders and agrees to indemnify Doppio Or Nothing Espresso for all such associated costs incurred promptly by the due date stated on the invoice supplied.
- Where the Customer has supplied materials for Doppio Or Nothing Espresso to complete the Services, the Customer acknowledges and accepts full responsibility for the suitability of purpose, quality, and any faults inherent in the materials. Doppio Or Nothing Espresso shall not be responsible for any defects in the Services, or any loss or damage to the materials (or any part thereof), howsoever arising from the use of materials supplied by the Customer.
- Any advice, recommendation, information, assistance or service provided by Doppio Or Nothing Espresso in relation to Products or Services supplied is given in good faith, is based on Doppio Or Nothing Espresso’s own knowledge and experience and shall be accepted without liability on the part of Doppio Or Nothing Espresso and it shall be the responsibility of the Customer to confirm the accuracy and reliability of the same in light of the use to which the Customer makes or intends to make of the Products or Services..
- Whilst every care is taken by Doppio Or Nothing Espresso to carry out the instructions of the Customer, it is the Customers responsibility to undertake a final proof reading of the Products. Doppio Or Nothing Espresso shall be under no liability whatever for any errors not corrected by the Customer in the final proof reading. Should the Customers alterations require additional proofs this shall be invoiced as an extra.
- Doppio Or Nothing Espresso is under no obligation to provide samples of Products ordered other than by virtual (computerised) sample. Whilst every effort will be taken by Doppio Or Nothing Espresso to match virtual colours with physical colours, Doppio Or Nothing Espresso will take no responsibility for any variation between virtual sale samples and either the virtual sale sample displayed on the Customer’s computer and/or the final product. Should a physical sample be required this will be provided on request by the Customer and will be charged for as an extra including return freight, the charge will be contra against final invoice.
- Where materials or equipment are supplied by the Customer for the provision of Services Doppio Or Nothing Espresso shall accept no liability for imperfect work caused by defects in, or the unsuitability of, such materials or equipment for the Services.
- Any change or correction to any film, bromides, artwork and/or any printing surface supplied by the Customer which is deemed necessary by Doppio Or Nothing Espresso to ensure correctly finished work shall be invoiced as an extra.
- All work carried out whether experimentally or otherwise at the Customer’s request will be charged to the Customer. Unless otherwise agreed, the Customer shall bear the cost of fonts, or colour proofs, or artwork, specially bought at its request for the works.
12: Colour Variation in Sublimation & other Products
- The Customer acknowledges that colour variation up to 3% lighter or darker between each new and repeat order may occur and shall not be considered a defect. Slight and tolerable colour variation may and will occur in sublimated colours, dyed fabrics and other products due to but not limited to the following uncontrollable circumstances and conditions:
- different dye lots;
- different fabric types;
- different batches of ink and transfer paper;
- different printing times with varying humidity, varying room temperature, different heat presses and machinery used or machine heat variations;
- Doppio Or Nothing Espresso shall not be liable for any loss, damage or costs, howsoever arising resulting from any variation in colour and shading between batches of the Products or sale samples and the final Products supplied.
- Changes in Doppio Or Nothing Espresso product sources may and will occur as required.
- Notwitstanding clause 12.1 while every effort will be taken by Doppio Or Nothing Espresso to match PMS colours, Doppio Or Nothing Espresso will take no responsibility for any variation due to substrates, half tones and/or detailed graphics between sale samples (including but not limited to virtual or physical samples) and the final product.
- Doppio Or Nothing Espresso shall not be held liable for inks wearing off through general wear and tear.
13: Coffee - Seasonal Changes
- Coffee is a naturally growing pl.ant and changes may occur to flavours, aromas and colours
14: Biopak - specifications
- Doppio Or Nothing Espresso update our Biopak items from time to time to ensure continuous improvement. Please note slight differences between orders may be noticeable but not detrimental.
15: Artwork / Design
- Product branding and design may change from images shown
- Doppio Or Nothing Espresso and the Customer agree that ownership of the Products shall not pass until:
- the Customer has paid Doppio Or Nothing Espresso all amounts owing to Doppio Or Nothing Espresso; and
- the Customer has met all of its other obligations to Doppio Or Nothing Espresso.
- Receipt by Doppio Or Nothing Espresso of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised.
- It is further agreed that, until ownership of the Products passes to the Customer in accordance with clause 16.1:
- the Customer is only a bailee of the Products and must return the Products to Doppio Or Nothing Espresso on request.
- the Customer holds the benefit of the Customer’s insurance of the Products on trust for Doppio Or Nothing Espresso and must pay to Doppio Or Nothing Espresso the proceeds of any insurance in the event of the Products being lost, damaged or destroyed.
- the Customer must not sell, dispose, or otherwise part with possession of the Products other than in the ordinary course of business and for market value. If the Customer sells, disposes or parts with possession of the Products then the Customer must hold the proceeds of any such act on trust for Doppio Or Nothing Espresso and must pay or deliver the proceeds to Doppio Or Nothing Espresso on demand.
- the Customer should not convert or process the Products or intermix them with other Products but if the Customer does so then the Customer holds the resulting product on trust for the benefit of Doppio Or Nothing Espresso and must sell, dispose of or return the resulting product to Doppio Or Nothing Espresso as it so directs.
- the Customer irrevocably authorises Doppio Or Nothing Espresso to enter any premises where Doppio Or Nothing Espresso believes the Products are kept and recover possession of the Products.
- Doppio Or Nothing Espresso may recover possession of any Products in transit whether or not delivery has occurred.
- the Customer shall not charge or grant an encumbrance over the Products nor grant nor otherwise give away any interest in the Products while they remain the property of Doppio Or Nothing Espresso.
- Doppio Or Nothing Espresso may commence proceedings to recover the Price of the Products sold notwithstanding that ownership of the Products has not passed to the Customer.
17: Personal Property Securities Act 2009 (“PPSA”)
- In this clause financing statement, financing change statement, security agreement, and security interest has the meaning given to it by the PPSA.
- Upon assenting to these terms and conditions in writing the Customer acknowledges and agrees that these terms and conditions constitute a security agreement for the purposes of the PPSA and creates a security interest in all Products and/or collateral (account) – being a monetary obligation of the Customer to Doppio Or Nothing Espresso for Services – that have previously been supplied and that will be supplied in the future by Doppio Or Nothing Espresso to the Customer.
- The Customer undertakes to:
- promptly sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which Doppio Or Nothing Espresso may reasonably require to;
- register a financing statement or financing change statement in relation to a security interest on the Personal Property Securities Register;
- register any other document required to be registered by the PPSA; or
- correct a defect in a statement referred to in clause 17.3(a)(i) or 17.3(a)(ii);
- indemnify, and upon demand reimburse, Doppio Or Nothing Espresso for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register established by the PPSA or releasing any Products charged thereby;
- not register a financing change statement in respect of a security interest without the prior written consent of Doppio Or Nothing Espresso;
- not register, or permit to be registered, a financing statement or a financing change statement in relation to the Products and/or collateral (account) in favour of a third party without the prior written consent of Doppio Or Nothing Espresso;
- immediately advise Doppio Or Nothing Espresso of any material change in its business practices of selling the Products which would result in a change in the nature of proceeds derived from such sales.
- Doppio Or Nothing Espresso and the Customer agree that sections 96, 115 and 125 of the PPSA do not apply to the security agreement created by these terms and conditions.
- The Customer waives their rights to receive notices under sections 95, 118, 121(4), 130, 132(3)(d) and 132(4) of the PPSA.
- The Customer waives their rights as a grantor and/or a debtor under sections 142 and 143 of the PPSA.
- Unless otherwise agreed to in writing by Doppio Or Nothing Espresso, the Customer waives their right to receive a verification statement in accordance with section 157 of the PPSA.
- The Customer must unconditionally ratify any actions taken by Doppio Or Nothing Espresso under clauses 17.3 to 17.5.
- Subject to any express provisions to the contrary (including those contained in this clause 17) nothing in these terms and conditions is intended to have the effect of contracting out of any of the provisions of the PPSA.
18: Security and Charge
- In consideration of Doppio Or Nothing Espresso agreeing to supply the Products, the Customer charges all of its rights, title and interest (whether joint or several) in any land, realty or other assets capable of being charged, owned by the Customer either now or in the future, to secure the performance by the Customer of its obligations under these terms and conditions (including, but not limited to, the payment of any money).
- The Customer indemnifies Doppio Or Nothing Espresso from and against all Doppio Or Nothing Espresso’s costs and disbursements including legal costs on a solicitor and own client basis incurred in exercising Doppio Or Nothing Espresso’s rights under this clause.
- The Customer irrevocably appoints Doppio Or Nothing Espresso and each director of Doppio Or Nothing Espresso as the Customer’s true and lawful attorney/s to perform all necessary acts to give effect to the provisions of this clause 18 including, but not limited to, signing any document on the Customer’s behalf.
19: Defects, Warranties and Returns, Competition and Consumer Act 2010 (CCA)
- The Customer must inspect the Products on delivery and must within forty-eight (48) hours of delivery notify Doppio Or Nothing Espresso in writing of any evident defect/damage, shortage in quantity, or failure to comply with the description or quote. The Customer must notify any other alleged defect in the Products as soon as reasonably possible after any such defect becomes evident. Upon such notification the Customer must allow Doppio Or Nothing Espresso to inspect the Products.
- Under applicable State, Territory and Commonwealth Law (including, without limitation the CCA), certain statutory implied guarantees and warranties (including, without limitation the statutory guarantees under the CCA) may be implied into these terms and conditions (Non-Excluded Guarantees).
- Doppio Or Nothing Espresso acknowledges that nothing in these terms and conditions purports to modify or exclude the Non-Excluded Guarantees.
- Except as expressly set out in these terms and conditions or in respect of the Non-Excluded Guarantees, Doppio Or Nothing Espresso makes no warranties or other representations under these terms and conditions including but not limited to the quality or suitability of the Products. Doppio Or Nothing Espresso’s liability in respect of these warranties is limited to the fullest extent permitted by law.
- If the Customer is a consumer within the meaning of the CCA, Doppio Or Nothing Espresso’s liability is limited to the extent permitted by section 64A of Schedule 2.
- If Doppio Or Nothing Espresso is required to replace the Products under this clause or the CCA, but is unable to do so, Doppio Or Nothing Espresso may refund any money the Customer has paid for the Products.
- If the Customer is not a consumer within the meaning of the CCA, Doppio Or Nothing Espresso’s liability for any defect or damage in the Products is:
- limited to the value of any express warranty or warranty card provided to the Customer by Doppio Or Nothing Espresso at Doppio Or Nothing Espresso’s sole discretion;
- limited to any warranty to which Doppio Or Nothing Espresso is entitled, if Doppio Or Nothing Espresso did not manufacture the Products;
- otherwise negated absolutely.
- Subject to this clause 19, returns will only be accepted provided that:
- the Customer has complied with the provisions of clause 19.1; and
- Doppio Or Nothing Espresso has agreed that the Products are defective; and
- the Products are returned within a reasonable time at the Customer’s cost (if that cost is not significant); and
- the Products are returned in as close a condition to that in which they were delivered as is possible.
- Returns will only be accepted provided that:
- the Buyer has complied with the provisions of clause 19.1; and
- the Seller has agreed in writing to accept the return of the Goods; and
- the Goods are returned at the Buyer’s cost within seven (7) days of the delivery date; and
- the Seller will not be liable for Goods which have not been stored or used in a proper manner; and
- the Goods are returned in the condition in which they were delivered and with all packaging material, brochures and instruction material in as new condition as is reasonably possible in the circumstances.
- Returns due to incorrect Customer ordering or change of mind must be advised to Doppio Or Nothing Espresso within seven (7) days of receipt of the Product, and return must be affected within seven (7) days of receipt of the return approval.
- Non-stocklist items, sale items, or Products made to Doppio Or Nothing Espresso’s specifications are under no circumstances acceptable for credit or return (also not accepted for credit or return will be Products such as underwear, headwear or hosiery due to the nature of health and hygiene concerns).
- Notwithstanding clauses 19.1 to 19.8 but subject to the CCA, Doppio Or Nothing Espresso shall not be liable for any defect or damage which may be caused or partly caused by or arise as a result of:
- the Customer failing to properly maintain or store any Products;
- the Customer using the Products for any purpose other than that for which they were designed;
- the Customer continuing the use of any Products after any defect became apparent or should have become apparent to a reasonably prudent operator or user;
- the Customer failing to follow any instructions or guidelines provided by Doppio Or Nothing Espresso;
- due to health and hygiene standards, Doppio Or Nothing Espresso will not offer a refund and/or exchange on Products such as underwear, headwear or hosiery.
- fair wear and tear, any accident, or act of God.
- Doppio Or Nothing Espresso may in its absolute discretion accept non-defective Products for return in which case Doppio Or Nothing Espresso may require the Customer to pay handling fees of up to twenty percent (20%) of the value of the returned Products plus any freight costs.
- Notwithstanding anything contained in this clause if Doppio Or Nothing Espresso is required by a law to accept a return then Doppio Or Nothing Espresso will only accept a return on the conditions imposed by that law.
20: Intellectual Property
- Where Doppio Or Nothing Espresso has designed, drawn, or developed Products (including but not limited to, graphic design files) for the Customer, then the copyright in any designs and drawings and documents shall remain the property of Doppio Or Nothing Espresso. Under no circumstances may such designs, drawings and documents be used without the express written approval of Doppio Or Nothing Espresso.
- The Customer warrants that all designs, specifications or instructions given to Doppio Or Nothing Espresso will not cause Doppio Or Nothing Espresso to infringe any patent, registered design or trademark in the execution of the Customer’s order and the Customer agrees to indemnify Doppio Or Nothing Espresso against any action taken by a third party against Doppio Or Nothing Espresso in respect of any such infringement.
- The Customer agrees that Doppio Or Nothing Espresso may (at no cost) use for the purposes of marketing or entry into any competition, any documents, designs, drawings or Products which Doppio Or Nothing Espresso has created for the Customer.
21: Default and Consequences of Default
- Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at Doppio Or Nothing Espresso’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
- If the Customer owes Doppio Or Nothing Espresso any money the Customer shall indemnify Doppio Or Nothing Espresso from and against all costs and disbursements incurred by Doppio Or Nothing Espresso in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, Doppio Or Nothing Espresso’s contract default fee, and bank dishonour fees).
- Further to any other rights or remedies Doppio Or Nothing Espresso may have under this contract, if a Customer has made payment to Doppio Or Nothing Espresso, and the transaction is subsequently reversed, the Customer shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by Doppio Or Nothing Espresso under this clause 21 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Customer’s obligations under this agreement.
- Without prejudice to Doppio Or Nothing Espresso’s other remedies at law Doppio Or Nothing Espresso shall be entitled to cancel all or any part of any order of the Customer which remains unfulfilled and all amounts owing to Doppio Or Nothing Espresso shall, whether or not due for payment, become immediately payable if:
- any money payable to Doppio Or Nothing Espresso becomes overdue, or in Doppio Or Nothing Espresso’s opinion the Customer will be unable to make a payment when it falls due;
- the Customer has exceeded any applicable credit limit provided by Doppio Or Nothing Espresso;
- the Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
- a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer.
- Without prejudice to any other remedies Doppio Or Nothing Espresso may have, if at any time the Customer is in breach of any obligation (including those relating to payment) under these terms and conditions Doppio Or Nothing Espresso may suspend or terminate the supply of Products to the Customer. Doppio Or Nothing Espresso will not be liable to the Customer for any loss or damage the Customer suffers because Doppio Or Nothing Espresso has exercised its rights under this clause.
- Doppio Or Nothing Espresso may cancel any contract to which these terms and conditions apply or cancel delivery of Products at any time before the Products are delivered by giving written notice to the Customer. On giving such notice Doppio Or Nothing Espresso shall repay to the Customer any money paid by the Customer for the Products. Doppio Or Nothing Espresso shall not be liable for any loss or damage whatsoever arising from such cancellation.
- In the event that the Customer cancels delivery of Products the Customer shall be liable for any and all loss incurred (whether direct or indirect) by Doppio Or Nothing Espresso as a direct result of the cancellation (including, but not limited to, any loss of profits).
- Cancellation of orders for Products made to the Customer’s specifications, or for non-stocklist items, will definitely not be accepted once production has commenced, or an order has been placed.
23: Privacy Act 1988
- The Customer agrees for Doppio Or Nothing Espresso to obtain from a credit reporting body (CRB) a credit report containing personal credit information (e.g. name, address, D.O.B, occupation, previous credit applications, credit history) about the Customer in relation to credit provided by Doppio Or Nothing Espresso.
- The Customer agrees that Doppio Or Nothing Espresso may exchange information about the Customer with those credit providers and with related body corporates for the following purposes:
- to assess an application by the Customer; and/or
- to notify other credit providers of a default by the Customer; and/or
- to exchange information with other credit providers as to the status of this credit account, where the Customer is in default with other credit providers; and/or
- to assess the creditworthiness of the Customer including the Customer’s repayment history in the preceding two years.
- The Customer consents to Doppio Or Nothing Espresso being given a consumer credit report to collect overdue payment on commercial credit.
- The Customer agrees that personal credit information provided may be used and retained by Doppio Or Nothing Espresso for the following purposes (and for other agreed purposes or required by):
- the provision of Products; and/or
- analysing, verifying and/or checking the Customer’s credit, payment and/or status in relation to the provision of Products; and/or
- processing of any payment instructions, direct debit facilities and/or credit facilities requested by the Customer; and/or
- enabling the collection of amounts outstanding in relation to the Products.
- Doppio Or Nothing Espresso may give information about the Customer to a CRB for the following purposes:
- to obtain a consumer credit report;
- allow the CRB to create or maintain a credit information file about the Customer including credit history.
- The information given to the CRB may include:
- personal information as outlined in 23.1 above;
- name of the credit provider and that Doppio Or Nothing Espresso is a current credit provider to the Customer;
- whether the credit provider is a licensee;
- type of consumer credit;
- details concerning the Customer’s application for credit or commercial credit (e.g. date of commencement/termination of the credit account and the amount requested);
- advice of consumer credit defaults, overdue accounts, loan repayments or outstanding monies which are overdue by more than sixty (60) days and for which written notice for request of payment has been made and debt recovery action commenced or alternatively that the Customer no longer has any overdue accounts and Doppio Or Nothing Espresso has been paid or otherwise discharged and all details surrounding that discharge (e.g. dates of payments);
- information that, in the opinion of Doppio Or Nothing Espresso, the Customer has committed a serious credit infringement;
- advice that the amount of the Customer’s overdue payment is equal to or more than one hundred and fifty dollars ($150).
- The Customer shall have the right to request (by e-mail) from Doppio Or Nothing Espresso:
- a copy of the information about the Customer retained by Doppio Or Nothing Espresso and the right to request that Doppio Or Nothing Espresso correct any incorrect information; and
- that Doppio Or Nothing Espresso does not disclose any personal information about the Customer for the purpose of direct marketing.
- Doppio Or Nothing Espresso will destroy personal information upon the Customer’s request (by e-mail) or if it is no longer required unless it is required in order to fulfil the obligations of this agreement or is required to be maintained and/or stored in accordance with the law.
- The Customer can make a privacy complaint by contacting Doppio Or Nothing Espresso via e-mail. Doppio Or Nothing Espresso will respond to that complaint within seven (7) days of receipt and will take all reasonable steps to make a decision as to the complaint within thirty (30) days of receipt of the complaint. In the event that the Customer is not satisfied with the resolution provided, the Customer can make a complaint to the Information Commissioner at www.oaic.gov.au.
24: Unpaid Seller’s Rights
- Where the Customer has left any item with Doppio Or Nothing Espresso for repair, modification, exchange or for Doppio Or Nothing Espresso to perform any other service in relation to the item and Doppio Or Nothing Espresso has not received or been tendered the whole of any monies owing to it by the Customer, Doppio Or Nothing Espresso shall have, until all monies owing to Doppio Or Nothing Espresso are paid:
- a lien on the item; and
- the right to retain or sell the item, such sale to be undertaken in accordance with any legislation applicable to the sale or disposal of uncollected Products.
- The lien of Doppio Or Nothing Espresso shall continue despite the commencement of proceedings, or judgment for any monies owing to Doppio Or Nothing Espresso having been obtained against the Customer.
- The failure by either party to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect that party’s right to subsequently enforce that provision. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
- These terms and conditions and any contract to which they apply shall be governed by the laws of New South Wales, the state in which Doppio Or Nothing Espresso has its principal place of business, and are subject to the jurisdiction of the New South Wales Courts in that state.
- Subject to clause 19 Doppio Or Nothing Espresso shall be under no liability whatsoever to the Customer for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the Customer arising out of a breach by Doppio Or Nothing Espresso of these terms and conditions (alternatively Doppio Or Nothing Espresso’s liability shall be limited to damages which under no circumstances shall exceed the Price of the Products).
- Neither party shall assign or sub-contract all or any part of their rights and obligations under this agreement without the written consent of the other party.
- The Customer agrees that Doppio Or Nothing Espresso may amend these terms and conditions by notifying the Customer in writing. These changes shall be deemed to take effect from the date on which the Customer accepts such changes, or otherwise at such time as the Customer makes a further request for Doppio Or Nothing Espresso to provide Products to the Customer.
- Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the reasonable control of either party.
- Both parties warrant that they have the power to enter into this agreement and have obtained all necessary authorisations to allow them to do so, they are not insolvent and that this agreement creates binding and valid legal obligations on them.