Terms & Conditions
Welcome to South Coast Hemp Foods.
If you continue to browse and use this website, you are agreeing to comply with and be bound by the following Terms & Conditions of use, which together with our Privacy Policy govern South Coast Hemp Foods' relationship with you in relation to this website. If you disagree with any part of these Terms & Conditions, please do not use our website.
The term ‘South Coast Hemp Foods’ or ‘us’ or ‘we’ refers to the owner of the website. Our ABN is 37639191209. The term ‘you’ refers to the user or viewer of our website.
The use of this website is subject to the following terms of use:
- The content of the pages of this website is for your general information and use only. It is subject to change without notice.
- Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose.
- You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
- Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services, or information available through this website meet your specific requirements.
- This website contains material that is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these Terms & Conditions.
- All trademarks reproduced on this website that are not the property of, or licensed to the operator, are acknowledged on the website.
- Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
- From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the websites. We have no responsibility for the content of the linked websites.
- Your use of this website and any dispute arising out of such use of the website is subject to the laws of Australia.
RETAIL CUSTOMERS' PAYMENT TERMS:
Payment is due on invoice via chosen method within the shopping cart – credit card or debit card.
NON-RETAIL CREDIT APPLICATION CUSTOMERS TERMS:
1. SCHF
In these Terms & Conditions and in this application for credit, "SCHF" means South Coast Hemp Foods (ABN 37639191209) as those terms are defined in the Corporations Act 2001 and includes SCHF’s successors and permitted assigns.
2. TERMS & CONDITIONS TO APPLY
South Coast Hemp Foods and the customer ("Customer") agree that these Terms & Conditions ("Terms & Conditions") shall apply to the supply of all products sold ("Products") by SCHF to the Customer despite any prior agreements, prior offers, dealings or trade usage, or any terms communicated by the Customer to SCHF.
These Terms & Conditions supersede those in any previous form (and apply to Products previously supplied to a Customer and to any existing outstanding accounts or tax invoices) and do not affect the validity of any previous guarantee and may only be varied or added to by written agreement signed by an authorised representative of both the Customer and SCHF.
3. QUOTATIONS
If SCHF has provided any quotation specifically for Products ("Quotation"):
a) These Terms & Conditions shall apply to the Quotation;
b) The price in the Quotation shall be SCHF’s current price as at the date of Quotation and the price actually payable for the Products shall be SCHF’s current price as at the date of the Customer's acceptance of the Quotation; and
c) Subject to paragraph b), the Quotation shall remain valid for acceptance by the Customer for three (3) days after the date of the Quotation.
4. ORDERS
If the Customer has made an order for Products without there being a Quotation provided by SCHF’s ("Order"):
a) The Order is subject to acceptance in writing by SCHF; and
b) The price actually payable for the Products is SCHF's current price as at the date of SCHF's acceptance of the Order.
5. VARIATION OR CANCELLATION
After the Customer's acceptance of the Quotation or SCHF’s acceptance of the Order, as the case may be:
a) No change in the specification of Products shall bind SCHF, unless SCHF expressly agrees to the change in writing; and
b) If the Customer cancels the Order for Products, the Customer will pay SCHF any loss, damage or expenses incurred by SCHF in relation to the supply or proposed supply of the Products.
6. CHARGES AND TAXES
a) Unless otherwise expressly stated, the price of Products includes all freight, transportation, shipping, insurance, packing, crating or casing, storage, handling, demurrage, delivery, export and similar charges, and all sales, goods and services, excise or other taxes, and the Customer shall pay and indemnify SCHF for those charges or taxes. If SCHF expressly agrees in writing that the price includes any of these charges or taxes, the price is subject to adjustments for increases in any of those charges or taxes after the date of the Quotation or acceptance of the Order.
b) The Customer shall pay all taxes, levies, duties and assessments of every nature due in connection with the Products supplied and hereby indemnifies and holds harmless SCHF from any liability on account of any and all such taxes, levies, duties, assessments and deductions.
7. PAYMENT
a) The Customer shall pay for Products within 7 days from the date of the tax invoice unless the Customer is notified of a different time for payment by SCHF. Time shall be of the essence in respect of payment for the Products.
b) If payment is not made by the due date for payment, the Customer shall pay to SCHF on demand interest at the rate of 1.5% (one percent) per month until paid. These will not affect the other rights of SCHF.
c) SCHF is entitled to recover from the Customer, in addition to the price, any GST on the supply of the Products except to the extent that the price expressly include GST.
d) SCHF is entitled to recover from the Customer in addition to the price all losses, expenses, costs (including legal fees) and disbursements, that SCHF incurs consequent upon the Customer's failure to pay on the due date, on a full indemnity basis and are recoverable from the Customer by SCHF as a liquidated debit.
e) SCHF may apply payments received from the Customer firstly to any costs, expenses and disbursements, then to interest and then to the balance of money owing.
8. GST
a) Where a party to the Terms & Conditions makes a Taxable Supply under or in connection with the Terms & Conditions, SCHF will be entitled, in addition to any other consideration recoverable in respect of the Taxable Supply, to recover from the Customer the amount of any GST on the Taxable Supply.
b) Where a party to the Terms & Conditions is entitled, under or in connection with the Terms & Conditions or in connection with any matter or thing occurring under the Terms & Conditions, to recover all or a proportion of its costs or is entitled to be compensated for all or a proportion of its costs, the amount of the recovery or compensation shall be reduced by the amount of (or the same proportion of the amount of) any Input Tax Credits available in respect of those costs.
c) In the Terms & Condition:
"GST" means the tax payable on Taxable Supplies under GST Legislation;
ii. "GST Legislation" means A New Tax System (Products and Services Tax) Act 1999 ("ACT") and any related act imposing such tax or legislation that is enacted to validate, recapture or recoup such tax;
iii. "Input Tax Credit" has the meaning given in the Act; and
iv. "Taxable Supply" has the meaning given in the Act.
9. DELIVERY
a) SCHF will use all reasonable endeavours to deliver Products on or before the agreed date for delivery ("Delivery Date"), but:
The Delivery Date is subject to extension for any delay caused by illness, strikes, lockouts, war, breakdowns, accidents, delay in transport, fire or any cause beyond the reasonable control of SCHF; and
ii. SCHF will not be liable for any loss, damage, or other liability whether in contract, tort, negligence or otherwise and whether directly or indirectly arising from the Products not being delivered by the Delivery Date for any reason.
b) SCHF may, with the agreement of the customer, deliver Products to the Customer in instalments and in which case SCHF may separately invoice the Customer for payment for each delivery instalment (which shall be taken to be the subject of a separate and distinct contract between the parties).
c) Any Products returned is only accepted with the prior written approval of SCHF and may be subject to a 20% handling/restocking fee.
d) Products specifically produced by SCHF or altered by the Customer cannot be returned simply because the Customer has changed their mind about purchasing the Products.
10. RISK AND PROPERTY IN PRODUCTS
a) For the purposes of the Personal Property Securities Act 2009 (as amended from time to time) (the "PPSA") the term "Goods" used in this clause means any and all present and after acquired Products and services supplied by SCHF to the Customer;
b) The Goods shall be entirely at the risk (including loss, damage or deterioration) of the Customer from the time of dispatch of the Goods (the carrier of the Goods shall be taken to be agent of the Customer even if engaged or paid by SCHF).
c) SCHF retains full title to the Goods until SCHF receives payment in full for the Goods and all other amounts owed by the Customer to SCHF.
d) Until all such monies have been paid:
SCHF has the right to call for or recover possession of the Goods (for which purpose SCHF's employees or agents may enter onto the Customer's premises) and the Customer must deliver up the Goods if so directed by SCHF;
ii. the Customer:
a. agrees that the relationship between the Customer and SCHF shall be fiduciary, and the Customer shall keep the Goods safely, securely and separately stored and at a temperature below 12 degrees centigrade and marked in a manner that clearly indicates that they belong to SCHF;
b. shall not resell, encumber, or dispose of the Goods;
c. shall not mix the Goods with or attach them to other materials or otherwise make them unable to be returned to SCHF in their original state;
d. agrees that if in breach of this clause, the Goods are incorporated with Goods of the Customer, the resultant product shall become and be deemed to be the sole property of SCHF. If the Goods are incorporated in any way with the property of a party other than the Customer, the resultant product shall become and be deemed to be owned in common by SCHF with that other party (or parties) on a pro-rate basis to be calculated by reference to the cost to the Customer of the incorporated materials; and
e. will hold any proceeds (as that term is defined in PPSA) of any resale, disposal, or other dealing with the Goods (including sale or supply to a party other than the Customer) in breach of this clause in trust for SCHF and shall pay the proceeds into a separate fiduciary account to be held in trust for SCHF until accounted for to SCHF at the demand of SCHF.
e) To avoid any doubt, for the purpose of the PPSA, it is the intention of the parties by this clause 10 that there is created for the benefit of SCHF a Purchase Money Security Interest in the Goods;
f) The Customer agrees that SCHF may register any personal property security interest created by the Terms & Conditions on the Personal Property Securities Register and the Customer waives its right to receive a verification statement (as that term is defined in the PPSA) in respect of any financing statement or financing change statement (as those terms are defined in the PPSA) registered by SCHF in respect of any personal property of the Customer. The parties agree that, insofar as the provisions of chapter 4 of the PPSA are for the benefit of the Customer or place an obligation on SCHF, those provisions will apply only to the extent that they cannot be contracted out of or to the extent that SCHF otherwise agrees in writing.
11. LIABILITY AND DEFECTIVE PRODUCTS
The Customer agrees that:
a) The Customer must satisfy itself as to the truth and accuracy of and may not rely for any purpose upon, any technical, legal or other advice or information provided by or on behalf of SCHF in connection with Products or the Terms & Conditions;
b) Subject to clause 11 (g) except to the extent prohibited by law, the only remedy of the Customer against SCHF for any loss, damage or liability whether in contract, tort, negligence or otherwise of the Customer in connection with the Terms & Conditions, the Products, SCHF's supply of the Products or SCHF's failure to supply the Products to the Customer in accordance to the Terms & Conditions shall be limited to SCHF's at its option, replacing or repairing the Products at the point of manufacture of the Products or at the point of provision of Products; and
c) Subject to clause 11 (g) SCHF shall otherwise have no liability to the Customer whether in contract, tort, negligence or otherwise.
d) Within two (2) days after the delivery of the Products the Customer shall both complete any inspection required by it to confirm the Products comply with any requirement of quantities, quality or description and notify SCHF in writing of the extent to which the Products does not comply with the Terms & Conditions any requirements of quantities, quality or description.
e) The Customer shall not use the Products (other than to the extent reasonably necessary for inspection) before the Customer completes its inspection and satisfies itself that the Products complies with any requirements of quantities, quality or description, or, if the Customer notifies SCHF under clause 11 (d) that the Products does not comply with any requirements of quantities, quality or description, SCHF has had a reasonable opportunity to inspect the Products after SCHF receives that notice.
f) If the Customer does not comply with this clause 11, the Customer shall be taken to have unconditionally accepted the Products and the Customer shall lose any right to reject the Products or claim any remedy (including damages) against SCHF.
g) However, if the Customer is a consumer (as the term "consumer" is defined at section 3 of the Australian Consumer Law (which is at Schedule 2 of the Competition and Consumer Act 2010)) the Products come with guarantees that cannot be excluded under the Australian Consumer Law. Such a Consumer Customer is entitled to replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. A Consumer Customer is also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure.
12. DELAY
Where SCHF incurs any extra costs in relation to the supply of Products, directly or indirectly, because of any delay, interruption, suspension or alteration of any work or the supply of the Products caused by or because of any act or omission of the Customer, SCHF shall be entitled to increase the price by the amount of the extra costs incurred.
13. DEFAULT, INSOLVENCY AND TERMINATION
If the Customer:
a) Commits a substantial breach of the Terms & Conditions including unreasonably refusing to accept any Products or failing to pay for any Products in accordance with the requirements of the Terms & Conditions; or
b) Informs any person it is insolvent, commits an act of bankruptcy, has a bankruptcy petition presented against it, becomes bankrupt, becomes subject to or bound by any arrangement, assignment, composition or moratorium of debts with its creditors, official management, receivership, liquidation, voluntary administration, winding up or other external administration, SCHF may, without affecting SCHF's other rights:
c) Immediately terminate the supply of Products, by notice in writing to the Customer;
d) Refuse, suspend or withhold any further supply of Products;
e) Terminate any credit arrangement with the Customer, by notice in writing to the Customer (in which case outstanding amounts will become immediately due and payable);
f) Forfeit any deposit paid for the Products; or
g) If payment in addition to a deposit has been made by the Customer in respect of any of the Products, the sale of which is terminated, appropriate that payment to any other debts of the Customer to SCHF or damages incurred by SCHF as a result of the termination of the sale.
14. SET-OFF
a) SCHF may at any time set off amounts owed by SCHF to the Customer from the amounts owed by the Customer to SCHF.
b) The Customer is not entitled to make any claim against SCHF if any amount is owed by the Customer to SCHF.
c) The Customer is not entitled to set off any amounts against amounts owed by the Customer to SCHF.
15. FURTHER SECURITY
SCHF may from time to time require further security as a condition of continuing to supply Products on credit. For the purposes of this clause 17 "security" includes a guarantee, mortgage or charge granted by any person nominated by SCHF.
16. GOVERNING LAW
a) The laws of the State of Western Australia, Australia shall apply to the Terms & Conditions and the parties submit to the exclusive jurisdiction of the Courts nominated by SCHF in the instance of a dispute reaching the Courts.
17. NON-WAIVER
a) SCHF's failure to exercise any right under the Terms & Conditions or failure to insist on strict performance of any part of the Terms & Conditions does not operate as a waiver and a partial exercise of a right does not preclude any further or fuller exercise of that right.
18. NO EXPORT
a) Unless otherwise agreed in writing by SCHF, any Products supplied to the Customer are intended for use in Australia. If any such Products are exported by the Customer, it is the responsibility of the Customer to ensure Products comply with the laws of any foreign country to which the Products are exported.
b) The Customer agrees to indemnify SCHF in respect of any loss, damage, expense, claim or liability suffered or incurred by SCHF as a result of any breach by the Customer of this clause 18 or any claims against SCHF arising out of any matters referred to in this clause 18.
19. SEVERANCE
If any part of these Terms & Conditions or any related document is or becomes void or unenforceable that part is severed so that all parts which are not void or unenforceable remain in full force and effect and are unaffected by the severance.
20. NOTICES
a) Notices required to be given by the Customer to SCHF pursuant to these Terms & Conditions may be delivered to SCHF via PO Box 404 Yallingup 6282;
b) Notices will be taken as delivered when received by SCHF.
c) Notices required to be given by SCHF to the Customer pursuant to these Terms & Conditions may be delivered by post to the Customer's last known address (and shall be taken as delivered on the second business day following posting); or
d) SCHF's invoices and statements are deemed to be received by the Customer on the second business day after posting by ordinary pre-paid post or sent by email.
21.
Where the Customer is comprised of more than one person or entity then each person and/or entity that comprises the Customer is bound by these Terms & Conditions jointly and severally.