Additional Charges includes all delivery, handling and storage charges, goods and services tax, interest, legal and other costs of recovery of unpaid money and all other government imposts and all money, other than the Purchase Price, payable by the Customer to Fodbods arising out of the sale of the Goods.
Fodbods means Fodbod Labs Pty Ltd ABN 85 631 315 378.
Customer means the person, firm or corporation named in the Quotation / Invoice or Order and in the case of an individual, his executors, administrators and assigns, and in the case of a corporation, its successors and assigns.
Goods mean the goods sold to the Customer by Fodbods and includes any related services provided by Fodbods.
GST means any goods and services tax under A New Tax System (Goods and Services Tax) Act 1999 ("GST Act").
Invoice means any invoice given by Fodbods to the Customer in connection with its supply to the Customer of the Goods that are subject to these Terms.
Order means an order to buy the Goods from Fodbods made by the Customer to Fodbods.
PPSA means the Personal Property Securities Act 2009 (Cth).
Purchase Price means:
Quotation means any quotation given by Fodbods to the Customer for Fodbods to supply to the Customer the Goods and subject to these Terms.
Special Conditions means those terms and conditions of Fodbods (if any) in addition to these Terms set out in the relevant Quotation, or acceptance of any Order, as the case may be.
Terms means these terms and conditions of sale as amended from time to time by Fodbods and notified to the Customer.
Transaction means a payment by the Customer to Fodbods in exchange for Goods.
Website means Fodbods' website located at the URL www.fodbods.com.
In the event of any inconsistency between these Terms and any Special Conditions, the Special Conditions will prevail.
2A.1 The Customer may be required to make a Transaction through the Website for Goods.
2A.2 All Transactions made through the Website will be covered by these Terms and any additional terms or conditions displayed during the finalisation of the Transaction.
2A.3 All Goods offered on the Website are subject to the restrictions and disclaimers contained in these Terms in addition to any other Terms and conditions which apply to those Goods.
2A.3 By completing a Transaction the Customer agrees to pay all amounts related to the Transaction including all taxes and delivery charges by the relevant due date. Once a Transaction is completed on the Website it cannot be cancelled or reversed.
2A.4 The Customer acknowledges and accept that, while Fodbods make all reasonable commercial efforts to ensure Transactions occur in a secure environment, transacting through the Internet has inherent risks and Fodbods is not responsible for any unauthorised:
2A.5 Fodbods reserves the right to modify, suspend or cancel any Transaction for any reason.
2.1 Unless previously withdrawn, a Quotation is valid for 14 days from the date the Quotation is provided or such other period as agreed by Fodbods. A Quotation is not to be construed as an obligation by Fodbods to sell but merely an invitation to treat and no contractual relationship shall arise there from until an Order has accepted by Fodbods.
2.2 Fodbods is not bound by any conditions attached to any Order unless such conditions are expressly accepted by Fodbods; otherwise, these Terms and any Special Conditions override and prevail over any conditions contained in the Customer's Order.
2.3 The Customer and Fodbods agree that an Order is binding on Fodbodsand Customer immediately upon Fodbods accepting the Order or Fodbods making a supply to the Customer and such Order is subject to these Terms.
2.4 An Order which has been accepted in whole or in part by Fodbods cannot be cancelled by the Customer without obtaining the prior written approval of Fodbods, which it may refuse in its absolute discretion.
2.5 The Customer must place all Orders to Fodbods in writing specifying order number, date of order, Goods required, place of delivery and full name and title of person placing the order.
3.1 The Customer must pay the Purchase Price and the Additional Charges to Fodbods.
3.2 Where Fodbods has not agreed to grant credit to the Customer, all payments must be made by the Customer in advance or on delivery of the Goods. Where Fodbods has agreed to grant credit to the Customer, all payments are due by date specified on the invoice.
3.3 All prices quoted, unless otherwise stated, are inclusive of GST.
3.4 All prices, unless otherwise stated, are quoted in Australian dollars (AUD).
3.5 Goods prices do not include delivery fees.
3.6 In the event a Customer is entitled to a refund, the refund will be made to the original credit card. For paypal transactions the refund will be made to the paypal account.
3.7 When providing your credit or debit card details the Customer is warranting it is authorised to use that card and has sufficient available funds to cover the charges for the Goods and their delivery.
3.8 All payments by made by credit card (Visa/MasterCard only accepted) may incur a merchant handling fee of up to 2.5%. It is at Fodbods' sole discretion whether it chooses to charge this fee to the Customer.
3.9 All amounts payable by the Customer under these Terms must be paid without set-off or counter claim of any kind.
3.10 If the Customer fails to pay any amounts outstanding to Fodbods in full in accordance with this clause, then without prejudice to any other rights under these Terms or available by law:
3.11 The Customer is deemed to be in default immediately if any payment to Fodbods is not made promptly on or before the due date for payment.
3.12 In the event of a default by the Customer, then without prejudice to any other rights which Fodbods may have at law or under these Terms:
4.1 The Customer may not cancel an Order or any part of an Order:
4.2 Orders cancelled less than 2 days prior to the scheduled delivery date for deliveries within Australia, will incur an administration fee of $30.00.
4.2 If the Customer wishes to cancel the whole or any part of an Order the Customer must serve a cancellation request in writing on Fodbods, which it may accept in its absolute discretion.
4.3 If Fodbods agrees to the cancellation request Fodbods will refund any amounts paid by the Customer, less any administration fee and any other costs incurred by Fodbods up to the date that such notice is received by Fodbods. If Fodbods has incurred costs in excess of any amounts paid by the Customer, the Customer must on demand reimburse Fodbods for all such costs.
5.1 The Customer acknowledges that any time quoted to them by Fodbods for delivery of the Goods is an estimate only. Fodbods may suspend delivery or extend delivery time in whole or part for any reason whatsoever.
5.2 Fodbods will not be liable in any way to the Customer (including without limitation for loss of profits or other consequential loss) for any loss arising out of any failure or delay in delivery of the Goods or in connection with damage to the Goods howsoever caused during delivery.
5.3 Fodbods may arrange for delivery of the Goods in instalments and these Terms will apply to the supply of each instalment as if that supply was the subject of a separate contract between Fodbods and the Customer. In particular, the Customer will pay Fodbods for each instalment so supplied, irrespective of the failure or delay in delivery of any other instalment.
5.4 The Goods will be at the Customer's risk:
6.1 Legal and beneficial title to the Goods will remain with Fodbods until the Purchase Price and any other amounts owing have been paid in full to fodbods. Until such time and notwithstanding the delivery of the Goods to the Customer:
7.1 This clause applies where Fodbods, at its sole and absolute discretion, accepts the return of Goods from the Customer.
7.2 The Customer undertakes to examine the Goods immediately after delivery.
7.3 Any dissatisfaction with any Goods and all return and refund requests must be made by the Customer to Fodbods within seven (7) days of delivery of the order to the Customer. Complaints, return and refund requests can be made to email@example.com. Fodbods reserves the right to request photos of the original Goods.
7.4 Any returns or refunds must be authorised by Fodbods before any Goods can be returned.
7.5 Fodbods will not be obliged to accept Products returned by the Customer or granting a credit for such Products, unless:
7.6 The return of Goods will be assessed and reviewed on a case by case basis.
7.7 Any discount or allowance (however determined) allowed by Fodbods to the Customer in respect of the Goods will be credited against the price of the Goods and will represent a reduction of that price. Should any refund be payable, such refund will be paid within 30 days.
7.8 Notwithstanding any right of the Customer to return the Goods, to the extent permitted by law, Fodbods will not accept the return of the Goods in the following circumstances:
7.9 The Customer is responsible for all shipping, postage, delivery, and / or freight costs when returning any Goods to Fodbods.
8.1 Defined terms in this clause have the same meaning as in the PPSA. At Fodbods' request, the Customer must promptly execute any documents and do anything required to register Fodbods' security interest in the Goods under applicable legislation (including the "security interest" granted to Fodbods under clause 8.3(a).
8.2 The goods supplied or to be supplied under these Terms fall within the PPSA classification of "Other Goods" acquired by the Customer pursuant to these Terms.
8.3 To secure payment of all amounts owing to Fodbods by the Customer and the performance of all other obligations of the Customer under these Terms which constitutes a Security Interest, to the extent applicable to the sale of the Goods, the Customer:
9.1 The Customer acknowledges and agrees that:
9.2 Where the Customer on-sells the Goods the Customer must not:
10.1 The liability of Fodbods is limited, to the extent permissible by law and at the sole option of Fodbods:
10.2 To the extent permitted by law, all other warranties whether implied or otherwise, not set out in these Terms or in specific warranties accompanying the Goods, are excluded and Fodbods is not liable in contract, tort (including, without limitation, negligence or breach of statutory duty) or otherwise to compensate the Customer for:
11.1 To the full extent permitted by law, Customer will indemnify Fodbods and keep Fodbods indemnified from and against any liability and any loss or damage Fodbods may sustain, as a result of any breach, act or omission, arising directly or indirectly from or in connection with any breach of any of these Terms by the Customer or its representatives.
12.1 These Terms apply (unless otherwise previously agreed in writing) to the supply of Goods by Fodbods to a Customer from time to time. Any supply of Goods by Fodbods to the Customer made after the date of acceptance of these Terms is a supply pursuant to the supply agreement constituted by these Terms and the relevant order accepted by Fodbods and any such supply does not give rise to a new or separate agreement.
12.2 The Customer and Fodbods acknowledge and agree that these Terms supersede any prior agreement, arrangement or understanding between the Customer and Fodbods. No local, general or trade custom will affect in any way the Terms.
12.3 No waiver or variation of these Terms will be binding on the Customer or Fodbods unless signed by both the Customer and Fodbods.
13.1 In respect of any matter or thing which must be done by the Customer within a stipulated time frame, time shall be of the essence, consequently, the Customers failure to comply with such time frame shall constitute a breach by the Customer of an essential term of these Terms.
13.2 If any provision of these Terms is held to be illegal, unenforceable or void then to the extent of such illegality, unenforceability or invalidity that provision will be considered independently of and severable from the other provisions.
13.3 A certificate by an employee of Fodbods as to any act or omission of the Customer shall be accepted by the Customer in all courts and at all times to be prima facie evidence of the matters stated therein.
13.4 These Terms shall be construed and interpreted in accordance with the laws of Victoria and the Customer irrevocably agrees to submit to the non-exclusive jurisdiction of the courts of that state.
13.5 All notices given under these Terms must be in writing. A notice given by Fodbods to the last known place of business of the Customer will be deemed received on delivery or the business day in Victoria following posting, whichever is the earlier.
13.6 Fodbods shall not be liable for any failure of or delay in the performance of these Terms for the period that such failure or delay is due to causes beyond its reasonable control, including but not limited to acts of God, war, strikes or industrial disputes, embargoes, government orders or any other force majeure event.