Definitions “Customer” means the party named as applicant in this credit application.
“Goods” are items in an order, and include packaging and services.
“Order” is an order by your to purchase goods from 2die4 Live Foods.
The Agreement:
This agreement is a contract between you and 2die4 Live Foods Pty Ltd (ABN: 36167906032) An agreement exists once 2die4 Live Foods accepts an order from you, for which payment has been accepted. As a customer, you agree that the following terms and conditions of sale have been read and understood and redeemed to be incorporated in every contract for the supply of goods between 2die4 Live Foods and you, the customer. These terms and conditions of sale shall apply to the exclusion of all others, including any terms and conditions of the customer, with the exception of any terms and conditions necessarily implied by statute.
Privacy:
See: Privacy Policy
Customer Application Information:
Information you provide must always be accurate and complete. You must inform 2die4 Live Foods if there are any changes to your details.
Please email orders@2die4livefoods.com.au if you wish to setup a wholesale account.
Product Information:
We do our best to provide accurate and current information. Photos are for illustrative purposes only. Occasionally, information changes and it may not be reflected in all our publications at once. With this in mind, please check information on packaging before purchasing or using our products, especially if there is a possibility of an allergic reaction.
Allergen Caution:
2die4 Live Foods Pty Ltd accepts no responsibility for goods ordered and received that conflict with your dietary requirements. It is the responsibility of the customer to ensure that the goods are suitable for their intended use. We reserve the right not to accept back goods that have been purchased in error.
We pack a wide range of nuts and seeds on shared equipment. We do our best to avoid, but cannot guarantee that our products have not come into contact with, or contain traces of other products that are, or contain allergens such as nuts, gluten, soy, dairy, egg, bee products, etc. Also, as our products are natural products, they may contain pieces of shell, stone, soil, twigs, or other such items that may have made it through our supplier’s sorting processes.
Orders & Delivery:
See: Delivery and Returns
Lost Or Damaged In Transit:
Occasionally, items go missing or are damaged in transit. Nothing will leave 2die4 Live Foods in a damaged state, as our transport companies would not accept them. Once goods have left our premises they are the responsibility of the freight company.
2die4 Live Foods will be happy to assist with tracking and resolving any transport issues, but we are not responsible or liable for damage or loss brought about by freight companies. The customer is not relieved of any obligation to accept or pay for goods by reason of any delay in delivery or dispatch.
All goods must be checked on receipt. If what you receive from us is unsatisfactory, please notify us within 48 hours of receipt, and we will arrange a return or credit based on our Returns and Credits Policy above.
Note: 2die4 Live Foods Pty Ltd cannot accept responsibility for an insect infestation if not notified within 48hrs of receipt.
We recommend that our products are kept cool and dry. Refrigerate in an airtight container once opened.
2die4 Live Foods assumes no responsibility or liability for any loss or damage occurred as a result of delay or inability to deliver by a transport company or by any external reasons that may affect the delivery company such as, but not limited to, floods, fires, riots, strikes, etc.
Pricing:
The price listed on the website or on our current wholesale or other price lists relative to your price level as a customer is the price that you will be charged at the time of ordering. If an item is out of stock prior to delivery we will endeavour to contact you by email or phone to let you know.
Payment:
Payment for online orders is to be made at the time of placing the order. For wholesale customers, payment is to be made within the agreed payment terms as indicated on the invoice.
If a customer: defaults on any payment or otherwise fails to fulfil the agreed terms of any contract with 2die4 Live Foods, or if payments are stopped, or a meeting of creditors is called, or becomes insolvent, or becomes subject to bankruptcy laws, or if a company calls a meeting for the purpose of going into liquidation, or has a winding up petition presented against it, or has a receiver appointed to any of its assets, 2die4 Live Foods reserves the right to suspend or cancel any existing contracts between 2die4 Live Foods and the customer or require payment in cash prior to the delivery of the goods notwithstanding
the specified payment terms or may take over the goods without prejudice to any claim for damages from the customer for any loss resulting from such resale or otherwise.
Title And Ownership:
Title and ownership of goods does not pass to the Customer but remains with 2die4 Live Foods until payment in full (which includes payment of all cheques and negotiable instruments) of the invoiced amount of the Goods together with all other amounts owing to 2die4 Live Foods by the Customer. Until the title passes to the Customer: a) The customer must store the goods on behalf of 2die4 Live Foods without charge; b) The goods must be stored separately and in a manner to enable them to be identified and crossed-referenced to particular invoices and the Customer must permit a representative of 2die4 Live Foods to enter into and upon premises owned by or under the control of the Customer where the goods are held, so that 2die4 Live Foods can ascertain whether the customer is complying with this clause; c) Ensure that the Goods are kept in good and serviceable condition; d) Secure the Goods from risk, damage and theft e) Keep the Goods fully insured against such risks that are usual or common to insure against in a business of a similar nature to that of the Customer and supply 2die4 Live Foods with a copy of the ‘Certificate of Insurance’ f) The Customer must return the Goods to 2die4 Live Foods if requested.
Credit Terms:
The Customer acknowledges that 2die4 Live Foods may vary or terminate credit terms to the Customer at any time without notice. 2die4 Live Foods is not liable to the Customer for any loss or damage, which the Customer suffers as a result of 2die4 Live Foods cancelling credit terms or by refusing to supply goods. Upon credit terms being cancelled, all amounts, including interest, owing by the Customer to 2die4 Live Foods becomes immediately due and payable. All contracts are subject to the credit approval of the Customer by 2die4 Live Foods.
Implied Terms And Liability:
2die4 Live Foods will use reasonable care and skill in providing the 2die4 Live Foods online website for your use. 2die4 Live Foods acknowledges that, under applicable State, Territory and Commonwealth laws, certain conditions and warranties maybe implied in the contract between 2die4 Live Foods and the customer and rights and remedies conferred upon the customer and other parties in relation to goods which cannot be excluded, restricted or modified by agreement (“Non excludable rights”). The limitations below are subject to those Non Excludable Rights; Subject to the above, 2die4 Live Foods disclaims all conditions and warranties expressed or implied, and rights and remedies conferred on the customer or other parties, by statue the common law, equity, trade, custom or usage or otherwise howsoever and all such conditions and warranties and such rights and remedies are hereby expressly excluded other than any Non excludable Rights.
2die4 Live Foods’s liability is expressly limited to a liability to pay to the customer an amount equal to: 1) The cost of replacing the goods; 2) The cost of obtaining equivalent goods; or
3) The cost of having the goods repaired, where repair, such as re processing is an option, whichever is the lowest amount.
Where so permitted the liability of 2die4 Live Foods for a breach of a Non-excludable Right is limited, at 2die4 Live Foods’s option, in the case of goods, to the replacement or repair of the goods or the supply of equivalent goods or the cost of replacing or repairing the goods or of acquiring equivalent goods.
Indirect Loss:
In no event shall 2die4 Live Foods be liable (whether before or after discharge of the contract or otherwise) for any loss or damage to the customer howsoever arising including any loss or damage arising from or caused or contributed to by negligence by 2die4 Live Foods, its servants or agents, nor shall 2die4 Live Foods be liable for special, incidental, indirect or consequential, or economic loss or damage suffered by the customer as a result of a breach by 2die4 Live Foods of its obligations or otherwise including but not limited to economic or moral loss, loss of profits or revenue or costs arising from such breach.
Indemnity:
The Customer shall indemnify and keep indemnified and hold 2die4 Live Foods harmless from and against all liabilities, losses, damages, costs or expenses incurred or suffered by 2die4 Live Foods, and from and against all actions, proceedings, claims or demands made against 2die4 Live Foods, arising from one or more of the following: a) As a result of the customer’s failure to comply with laws, rules, standards or regulations applicable in relation to the goods or the use of the goods; b) As a result of any other negligence, breach of contract or other breach of duty by the customer c) As a result of 2die4 Live Foods adhering to instructions that the customer has given 2die4 Live Foods about the goods.
Dishonour Fee:
If the Customer makes payment to 2die4 Live Foods by way of cheque or other negotiable instrument, which is not honoured upon presentation for whatever reason, 2die4 Live Foods may charge the Customer an administration fee of $50.00 together with any further fee that is incurred by 2die4 Live Foods.
Change Of Details:
The Customer must immediately inform 2die4 Live Foods in writing of any change of contact details, in the ownership operation, legal entity or structure of the Customers business or of any change in the information provided in this application. Until such notification is received by 2die4 Live Foods, the liability for any unpaid amounts remains with the Customer as disclosed in the application.
Termination:
2die4 Live Foods may terminate or suspend this Agreement at any time.
