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Terms and Conditions of Sale




General


 

The use of this site is governed by the TERMS AND CONDITIONS AGREEMENT OF SALE set forth in the document below. Your use of this site or purchase from Foodequipment Distributors Pty Ltd indicates your acceptance of these terms and conditions. All sales, whether internet based or in store are subject to these terms and conditions. It is important you read and fully understand this document at the time of purchase.

Foodequipment Distributors Pty Ltd reserves the right to make changes to this web site and these terms and conditions at any time without any prior notice.

Foodequipment Distributors Pty Ltd is the service provider; it is also referred to as "F.E.D.", "us" and "we".

Customer is the person or organisation who purchases or seeks services from F.E.D; it is also referred to as "you".

 

 

TERMS AND CONDITIONS OF SALE


FEDERAL HOSPITALITY EQUIPMENT PTY LIMITED (FHE)

ABN 841 693 574 48

 

TERMS OF TRADE  (August 2018, v08)

1 APPLICATION

1.1 These terms and conditions (“the Terms”) contained herein apply to all contracts and agreements between Federal Hospital Equipment Pty Ltd (“FHE”) and its customers (collectively “the parties”) in respect of all transactions, the goods of which are supplied or delivered by FHE to a customer (“the Customer”).  "Goods" means goods as defined by the Trade Practices Act, 1974 (Cth) (“TPA”) and the Sale of Goods Act 1923 (NSW) (“SGA”) that is supplied by FHE either to the Customer.

1.2 No amendment, alteration, waiver or cancellation of any of these Terms is binding on the FHE unless

confirmed by the FHE in writing.

1.3 The Customer acknowledges that no employee or agent of FHE has any right to make any representation, warranty or promise in relation to the Goods its sale or delivery other than as contained in these Terms.  The Customer acknowledges that it has not relied on any representation, warranty or promise other than any provided by FHE expressly, in writing, signed by the Parties, which has the effect of varying or adding to the Terms agreed.

2 TERMS OF PAYMENT

2.1 All Prices quoted are valid for 30 days and do not include delivery costs.  Prices are subject to change without notice.  Prices are ex GST.

2.2 Payments are to be made direct to FHE, strictly net, without any deduction or discount other than as stated herein or in the relevant invoice or statement.

2.3 Unless otherwise agreed and expressed in writing, payment is required prior to Goods being collected or delivered.  

2.4 Payment is deemed received only upon receipt of cash or cleared funds. 

2.5 Interest is payable on all overdue accounts calculated on a daily basis at the rate of 15% per annum calculated daily as from the due date for payment until payment is received by FHE.

3 TITLE/OWNERSHIP IN GOODS

3.1          Legal and beneficial ownership of Goods supplied by FHE will not pass to the Customer until such time as the Goods payment for the Goods has been received by FHE.

3.2          To protect FHE’s security interest in the Goods until payment is made FHE may choose to register the Parties agreement under the Personal Properties Securities Act 2009. The Customer agrees to do all things necessary to facilitate such registration.

4 RE-SALE OF GOODS – TRUSTEE SELLER

4.1 FHE permits the Customer to sell the Goods as a trustee of FHE (“Trustee Re-Seller”) where the Trustee Re-Seller has the right to sell the Goods in its own name at full market value and in the ordinary course of business provided always that the condition in clause 4.2.4 is satisfied.

4.2 Until FHE receives payment for the Goods supplied to the Trustee Seller:

4.2.1 the Trustee Seller will hold the Goods only as bailee for FHE and at all times in the capacity of trustee;

4.2.2 the Goods must be stored in such manner that they are readily distinguishable from other goods owned by the Trustee Seller or other persons and so as to clearly show that they are the property of FHE;

4.2.3 the Trustee Seller must indemnify FHE from and against any claim, action, proceeding, damage, loss, cost, expense or liability incurred or suffered by FHE arising out of the possession, use or disposal of the Goods by the Trustee Seller or repossession or attempted repossession of them by FHE; and

4.2.4 The Trustee Re-Seller must always receive and handle proceeds of any sale of any Goods on trust for FHE.  The Trustee Re-Seller acknowledges that such proceeds belong to FHE and FHE retains exclusive rights to those proceeds as against any Customer and the Trustee Re-Seller. 

The Trustee RE-seller must hold the proceeds of the sale of the Goods in a separate account or otherwise clearly identify and distinguish proceeds held on trust to those held by the Trustee Re-Seller in its own right in respect of sale of Goods not sold as a trustee of FHE.

4.3 If the Customer resells any Goods then, unless the Goods are clearly identifiable by serial numbers or other distinguishing marks, the Customer is deemed to have disposed of the Goods in the chronological order of supply by the Company to the Customer (oldest to most recent).

 5 DEFAULT

5.1 The following events are each acts of Default (“Events of Default”):

5.1.1The Customer fails to pay for the Goods in accordance with these Terms or any other written agreement between the Parties;

5.1.2 FHE receives notice of, or reasonably believes that a third party may attempt to levy execution

against or attach any Goods supplied to a Customer, Trustee Re-Seller or under any consignment arrangement, for which payment has not yet been made and received; or

5.1.3 An event occurs that can reasonably be considered one likely to adversely affect the Customer's ability to pay for the Goods (including but not limited to the appointment of a receiver, receiver and manager, administrator, controller, liquidator, provisional liquidator, trustee or similar person (each an “insolvency representative”) to the Customer's undertaking).

5.2    Where there has been an Event of Default, FHE may send the Customer a default notice (“Default Notice”). The Default Notice will outline the nature of the Customer’s default and what the Customer is required to do to correct the default. The Customer will have 14 business days to rectify the default.

5.3.  If the Customer does not comply with the Default Notice within the time required under clause 5.2:

5.3.1            it becomes immediately liable to pay FHE all money owing with interest on that amount from the due date until payment at the rate of 15% per cent annum. In these circumstances, as title to the Goods does not pass until FHE has been paid, FHE may repossess and sell the Goods and apply the proceeds of the sale towards repayment of the money owed under its contract with the Customer.

5.3.2           the Customer agrees to pay all costs and expenses incurred by FHE in exercising FHE rights of recovery from the Customer and the guarantor, if any, and indemnify FHE against any losses resulting from the default.

5.3.3           the Customer irrevocably permit FHE or any person authorised by FHE in writing, upon reasonable notice, to enter the Customer’s premises or the premises where the Goods are reasonably believed by FHE to be held on behalf of the Customer.

5.3.4           The Customer also agrees to indemnify and hold FHE harmless for all reasonable costs and expenses associated with the recovery of the Goods and losses, if any, on their resale, in addition to all costs and expenses incurred by FHE in defending any third party claim brought against FHE in attempting to recover the Goods.

5.3.5           FHE may in its sole discretion at any time thereafter, without further notice to the Customer and without prejudice to any other rights which it may have against the Customer, terminate the contract and seek all remedies available at law to recover any loss incurred as a result of the Event of Default.

5.3.6           The Customer agrees to sign documents or do all things necessary to perfect FHE’s rights under contract and appoints FHE as the Customer’s attorney to sign any document or do anything that may reasonably be required to enforce FHE rights.

6 RIGHT TO ENTER PREMISES – Where there has been an Event of Default, in addition to termination, the Customer:

6.1 irrevocably authorises FHE by itself, its agents or representatives at all reasonable times, without notice, to enter onto (with force if reasonably necessary) and at all necessary time(s), to remain in and on any premises where the Goods are located in order to collect the Goods, without being guilty of any manner of trespass; and

6.2 assigns to FHE all the Customer's rights to enter onto and remain in and on such premises until all

the Goods have been collected and indemnifies FHE against any action claim cost damage suffered by FHE in so doing.

 

7 ADMINISTRATION, RECEIVERSHIP ETC. – To the fullest extent permitted by law:

7.1 In any of the circumstances referred to in clause 5.1.3, neither the Customer nor its insolvency representative or any other person acting for the Customer and/or its creditors is entitled to sell, charge, remove, dispose of, use or otherwise deal with the Goods in any way inconsistent with FHE’s ownership of the Goods, without FHE’s prior written approval.

7.2 The Customer, its insolvency representative or any other person acting for or on behalf of the Customer and/or its creditors is obliged to re-deliver the Goods to FHE immediately at the expense of the Customer or its appointed insolvency representative

7.3 If the Goods are returned to or collected by FHE, FHE will within 30 days, account to the Customer or its legal representative for all monies received for the Goods from the Customer less FHE’s reasonable costs incurred in retrieving same.

 

8 CONSIGNMENT – If FHE supplies Goods on consignment (“Consignment Goods”) then:

8.1 the Customer must bear all risk of loss and/or damage to the Consignment Goods and must, in addition effect and maintain insurance against loss, fire and theft of the Consignment Goods, in an amount adequate to cover FHE’s interest as owner of such Consignment Goods;

8.2 the Customer must keep the Consignment Goods free from liens, encumbrances and adverse claims of all kinds which might otherwise diminish or adversely affect FHE’s exercise of its full rights of ownership of the Consignment Goods;

8.3 if the Consignment Goods are lost or damaged while in the Customer’s possession or care, the Customer undertakes to reimburse FHE, within 30 days of date of replacement or repair, as the case may be, the full cost of such replacement or repair.

8.4 the Customer must provide to FHE, a monthly statement by the 15th of the following month, listing in full all Consignment Goods supplied to the Customer, including full details of all purchasers of the Consignment Goods sold during the preceding month, together with the quantities of the Consignment Goods purchased and the relevant prices paid in respect of each.

 

9 CUSTOMER AS TRUSTEE – If the Customer carries on business as trustee of a trust then the Customer warrants that:

9.1 the Customer enters into the contract as trustee of a trust;

9.2 the Customer has all requisite powers to enter into the contract;

9.3 the beneficiary of the trust approves the purchase of the Goods on these Terms; and

9.4 liability is not limited to the assets of the trust (which are available to FHE in satisfaction of any debt incurred by such Customer) and may extend to assets held in the trustee’s personal capacity; and

9.5 the Customer, where a corporation, will provide a personal guarantee in respect of the contract entered into between the Parties.

 

10 GOODS AND SERVICES TAX

10.1 Goods and Services tax [“GST”] has the same meaning as that defined in  A New Tax System (Goods and Services Tax) Act 1999.  are not included in the quoted price.

10.2 Any Price published by FHE is excluding GST and the Customer agrees to pay the GST component of the Price in accordance with the relevant Tax Invoice issued by FHE.

 

11 CUSTOMS DUTIES, TARIFFS AND LEVIES – Should the transaction attract any additional duties or levies, the Parties agree that the Price is excluding such additional amounts and the Customer is liable for payment of such amounts in addition to the purchase Price. 

 

12 DELIVERY DATE, DELIVERY & FAILURE TO DELIVER

12.1 Any dates provided by FHE to the Customer as to the availability of Goods are regarded as estimates only and not fixed dates.  FHE endeavours to use its best endeavours to provide the Goods on the dates estimated but is not obligated to provide the Goods on such dates and will not be held liable for any loss or damage suffered by the Customer if FHE fails to provide the Goods on such dates.

12.2 The Customer acknowledges that the estimated dates provided by FHE may change in circumstances reasonably considered beyond the control of FHE.  Where the Goods cannot be delivered after the Customer has placed an order whether or not the Goods have been paid for, FHE will provide a full refund (where the Goods have been paid) and inform the Customer as soon as reasonably practical after becoming aware of its inability to deliver the Goods, without further liability or recourse by the Customer for any inconvenience caused to the Customer, including any loss or cost incurred by the Customer.

12.3 The Customer acknowledges that FHE may deliver the Goods prior to the estimated dates provided to the Customer and agrees to accept the Goods notwithstanding the earlier delivery of the Goods and may not refuse to take delivery on the basis of its early delivery, without any recourse as against FHE for the recovery of any loss or cost incurred by the Customer as a result of the early delivery. 

12.4  At the Customer’s request, FHE will arrange for the delivery of the Goods into the Customer’s premises or at alternative premises at the direction of the Customer, solely at the Customer’s expense.

12.5 The Customer warrants that it has authority to enter on and occupy the premises nominated for FHE to deliver the Goods and indemnifies FHE in respect of any claim action taken against FHE in delivering Goods to such premises.

 

13 SUPPLY OF GOODS BY INSTALMENTS

13.1 FHE reserves the right to deliver the Goods in whole or by instalments.  If by instalment, such arrangement must be documented in additional written terms signed by the Parties.  

13.2 Where the Goods are delivered by instalments, each instalment is deemed a separate and independent contract and the rights and obligations therein do not affect the rights and obligations of the other instalments of those Goods.  For the avoidance of doubt, non delivery of Goods by way of an instalment by an estimated date provided under such independent contract does not entitle the Customer to rescind or terminate the balance of those contracts that collectively might reflect a complete order or purchase of those Goods.

13.3 The Customer acknowledges that Goods supplied by instalments must be accepted notwithstanding any interruption to delivery of other instalments of those Goods and the Customer has no recourse as against FHE to recover any loss or cost incurred as a result of an interrupted delivery in the supply of any Goods.

 

14 RISK & INSURANCE

14.1  The Goods are entirely at the Customer’s risk from the time the Goods leave the FHE’s premises notwithstanding Ownership may not pass until payment for those Goods has been received.  The Customer assumes all responsibility for filing claims for damage against the carriers and other agents. The Customer must insure the Goods against loss or damage until payment has been received by FHE;

14.2 If any of the Goods are damaged or destroyed after shipment the Customer must direct the insurer to make payment to FHE of all insurance money payable in respect of the insurance claim made on the damaged or destroyed Goods.

14.3 Any insurance money received by FHE will be applied firstly against the outstanding price of the Goods that are damaged or destroyed, secondly against the outstanding price of all Goods supplied under contract, thirdly against the outstanding balance payable to FHE by the Customer, on any account under other contracts between the Parties and fourthly in payment of any balance to the Customer.

14.2 The Customer agrees to indemnify FHE for any loss or damage suffered by FHE as a result of any damage to the Goods where the Customer has failed to adequately insure the Goods as required under these Terms. 

 

15 INSPECTION & RETURNS Unless the Customer has inspected the Goods and given written notice to the Company within seven (7) days after collection or delivery that the Goods do not comply with the relevant specifications or descriptions, the Goods are deemed to have been accepted in good order and condition. Acceptance of the Goods must take place immediately following delivery and is established if the Customer signifies by words or conduct that the Goods are conforming or that the Customer retains them in spite of their nonconformity or deals with them in a way inconsistent with FHE’s ownership. The Customer may reject them on good grounds after a reasonable opportunity to inspect them. The rejection must immediately be communicated to FHE in writing, with full particulars of the nonconformity. On acceptance if payment arrangements are in place then they must be honoured. If payment has been made then it will either be refunded by FHE or credited towards payment of replacement Goods for the nonconforming Goods. 

 

16      RETAINING DAMAGED GOODS

16.1 The Customer’s right, as against FHE to retain or dispose of the goods or services delivered or supplied notwithstanding any damage noted, is conditional upon the Customer honouring FHE’s payment arrangements.

17 CANCELLATION OF ORDER – FHE at its sole discretion may agree, at the request of the Customer, to cancel modify or defer a pre-existing order for the supply of Goods.  Should FHE agree to such a change, the Customer agrees to pay FHE for all reasonable costs incurred by FHE in amending or cancelling the order, including but not limited to handling fees and liability exposure to third parties involved in the provision of the Goods and any associated insurances.  The Customer acknowledges that a 20% of the purchase price cancellation/variation fee is commercially fair and reasonable.

 

18 COMPANY’S LIABILITY LIMITED

18.1 These Terms do not affect the rights, entitlements and remedies conferred by the TPA or SGA.

18.2 If any statutory provisions under the TPA or any other statute(s) apply to the Contract then, to the extent to which FHE is entitled to do so, FHE’s liability under the statutory provisions is limited, at FHE’s option, to:

18.2.1 replacement or repair of the Goods or the supply of equivalent Goods; or

18.2.2 payment of the cost of replacing or repairing the Goods or of acquiring equivalent goods; or

18.2.3 refund of the purchase price, and in any case, FHE will not be liable for any consequential or other direct or indirect loss or damage.

 

19 FHE WARRANTIES

19.1 FHE will take all reasonable steps to supply the Goods to the Customer in an undamaged condition and free from defects in material and workmanship

19.2 Upon becoming aware of any freight damage in the Goods, the Customer must notify FHE in writing of such defect immediately.  All warranty claims must be received by FHE within seven (7) days of the day of delivery

19.3 FHE provides a warranty on parts and labour against faulty material or workmanship for brand new stock for a period of twelve (12) months, six (6) months for show room stock and three (3) months for second-hand stock & spare parts from the date of delivery unless otherwise agreed in writing.   The Parties acknowledge that dealer display and floor stock items are subject to special warranty terms and conditions (“Display Stock Warranties”). Such warranties covers all components contained within the equipment housing but do not include matters that FHE determine fall in the following categories:

19.3.1        Breakage of glass or plastic components of the Goods;

19.3.2        Replacement of lights, fluorescent tubes, gaskets or components which have been damaged by exposure to spillage;

19.3.3        Damage or failure of the Goods as a consequence of not removing packaging and transport materials before use;

19.3.4        Parts subject to wear and tear including but not limited to filters, oil, fuses, heating element, lamps, batteries, handles, locks, hinges;

19.3.5        Goods which have not been installed in accordance with FHE’s or the manufacturer’s specifications;

19.3.6        Extraordinary and unforeseeable events (voltage surges, irregular electric power supply, natural events and disaster, riots etc);

19.3.7        Repairs or replacement of Goods not bearing original serial numbers or compliance plates;

19.3.8        Damage caused to Goods due to improper use of cleaning agents, detergents, bleaches or other chemical additives or agents of a corrosive nature;

19.3.9        Any damage arising from any modification of the Goods that has taken place without prior authorisation from FHE;

19.3.10    Any use of the Goods for any reason other than its originally specified purpose;

19.3.11    Goods which are moved or repositioned whilst loaded with any stored products. Such products must be removed prior to movement. (All units are stationary units and not designed for regular movement on casters or legs);

19.3.12    Installation of Goods in places other than the original place (disassembly and reassembly in another place);

19.3.13    Carelessness, negligence or use other than that for which the Goods are designed;

19.3.14    Goods not performing correctly as a result of Goods being used in an environment whereby the ambient temperature and relative humidity are outside the operating parameters specified for those particular goods;

19.3.15    Goods not placed level and properly positioned in relation to clearances, heat / cold sources and airflow.

19.3.16    Refrigeration fans, condensers and units not been properly maintained, kept clean and free of blockages at all times. Bench fridges & freezers must be placed no nearer than 100 mm to walls or other equipment.

19.4 Espresso machines and grinders to be used for commercial applications (such as Cafes, Restaurants and Offices) come with twelve (12) months’ parts and three (3) months’ labour warranty.

19.5 The warranty is void if the Goods have not been maintained and serviced, or if the Goods have been subject to misuse, negligence or accident, operated incorrectly, serviced by unauthorised persons or at the date of the claim the Goods have not been paid in full. The Customer must not carry out any remedial work to alleged defective Goods without first obtaining the written consent of FHE to do so. The Customer’s failure to provide written notice to FHE within the required time of any alleged breach of the above warranty will release and discharge FHE from any obligation or liability for that breach of warranty. The above warranty extends only to the Customer and to no other person.

19.6 The provisions of any act or law (including but not limited to the TPA) implying terms, conditions and warranties, or any other terms, conditions and warranties which might otherwise apply to or arise out of the Contract in relation to the Goods are hereby expressly negatived and excluded to the full extent permitted by law.

19.7 The Customer expressly acknowledges and agrees that it has not relied, and FHE is not liable for

any statement made by FHE, its servants, agents, representatives or employees in relation to the

suitability for any purposes of the Goods.

19.8 The warranty covers defects and faulty workmanship under normal use (single shift) with recommended

service maintained on the equipment.

19.9 Warranty, back to base applies to any item/s that can be carried and placed into a standard vehicle is/are to

be returned (or sent via pre-paid freight) to the place where purchased from, or, FHE’s closest official

service agent, or to the FHE’s head office. Delivery to FHE or its service agents, is at the

Customer's care and expense. Warranty for non-carriable items are to be undertaken during normal business

hours (8:00am to 5:00pm). TRAVEL costs incurred are limited to 50km from the Company or the Company’s service agents.

19.10 Credit on replacement parts will ONLY be issued on receipt and examination of damaged parts and when

determined by FHE to be defective. If more information is required on warranty prerequisites, please contact the Company’s Service Department.

19.11 In most instances, Goods delivered may be returned for a refund, exchange or replacement within 30 days if they are retained in their original packaging and condition.  This depends on the nature of the Goods.  In particular:

19.11.1    certain large or bulky items may be subject to a restocking fee.

19.11.2    certain Goods cannot be returned for hygiene purposes.

19.11.3    certain Goods such as knives must be returned in adequate postal packaging for health and safety reasons.

19.11.4    certain last-in-line or special-to-order goods may also be non-returnable.

19.12         Non refundable/returnable Goods are listed on FHE’s website and catalogue. The cost of returns may be refunded in whole or in part to the Customer at the Company’s discretion.

19.13         Goods sold outside mainland Australia, Tasmania and New Zealand are covered by a 12-month “parts only” warranty.

20 CATALOGUES Unless expressly stated in the Contract in writing that any representations contained in any such of FHE’s catalogues or marketing documents (“Material”) form part of the Contract, the Customer acknowledges that the Goods to be supplied may not possess the same properties, as to quality or specifications and size as that shown or represented in such Material. 

21 SAMPLES Unless expressly stated in the Contract, the Customer acknowledges that any Goods to be supplied under the Contract may not necessarily contain the same properties, as to quality or specification and size, as the Goods inspected by sample.

22 SPECIFICATIONS

22.1 Unless otherwise agreed in writing, the Goods to be supplied are subject to any specification as to weight, quantity, size, dimensions, finishes, chemical composition and physical properties as may be published generally by FHE or as may be set out in any specification issued by FHE in relation to the Goods, or, if no such specification has been published or set out, subject to such specification as is normally regarded as being commercially acceptable.

22.2 Where any specifications for the Goods are to be supplied by the Customer, they must be supplied in a reasonable time to enable FHE to complete delivery by the date for delivery

22.3 Goods over a rating of 230VAC, 20 Ampere and 415VAC are not fitted with plugs

23      CUSTOMER WARRANTIES

The Customer and any Guarantor represents and warrants to FHE that all information and representations that the Customer, or any person acting on its behalf has given in connection with FHE’s transactions are true and correct and that the Customer has not failed to disclose to FHE anything relevant to its decision to have dealings with the Customer and that no court proceedings or dispute is current that may have an adverse effect on performing the Customer’s obligations under these Terms.  This clause does not merge.

24 CONTRACT & JURISDICTION

24.1 These Terms together with any other written terms signed by the Parties as contemplated in clause 1 hereof forms an agreement between the Parties (“the Contract”).  The Contract is deemed to have been made at FHE’s place of business in Sydney in the State of New South Wales and any cause of action is deemed to have arisen there.

24.2 The Parties agree that the Contract is governed by the exclusive jurisdiction of the Courts of New South Wales.

25 FORCE MAJEURE – FHE will not be liable for any breach of contract due to any matter or thing beyond FHE’s control (including but not limited to transport stoppages, transport breakdown, fire, flood, earthquake, acts of God, strikes, lock-outs, work stoppages, wars, riots or civil commotion, intervention of public authority, explosion or accident).

26 WAIVER OF BREACH – A failure by FHE to insist on the Customer’s strict performance of its obligations under these Terms or the Contract is not a waiver of any right or remedies that FHE may have, and is not a waiver of any subsequent breach or default by the Customer.

27 NO ASSIGNMENT – Neither the Contract nor any rights arising under the Contract or these Terms may be assigned by the Customer without the prior written consent of FHE which remains at FHE’s sole and absolute discretion.

28 SEVERABILITY – If any provision contained in these Terms or the Contract is held by a court to be unlawful,

invalid or unenforceable, such provision is severed from the Contract such that the validity and enforceability of the remaining provisions are not affected.

29      NEGOTIATIONS AND DISPUTE RESOLUTION INITIATED BY THE CUSTOMER

29.1             In the event that a dispute arises, the Customer agrees to comply with FHE’s dispute resolution process as set out in this clause before commencing litigation proceedings in any court or tribunal.

29.2              The Customer is first required to notify FHE of the dispute by giving written notice specifying the nature of the dispute, the outcome required and the action believed necessary under the circumstances that will assist both in settling the dispute;

29.3              FHE upon receipt of such notice must, within a reasonable time, in good faith, attempt to resolve the dispute by negotiation, and if the dispute in some aspect involves payment of money, the party withholding payment is required immediately upon request deposit the disputed amount into an escrow account with instructions pertaining to the release of funds. Undisputed amounts must not be withheld and must be paid forthwith pursuant to the Terms or the Contract. 

 

30      NOTICES

Notices must be in writing and will be effectively provided when given personally, by Express or Registered Post with delivery confirmation or by facsimile transmission or email with receipt confirmation.

31      GUARANTORS

31.1             All guarantors shall be jointly and severally liable for performance of all obligations of the Customer under these Terms or the Contract.

31.2             All guarantors acknowledge that FHE is not obliged to seek redress from the Customer before seeking to rely on the personal guarantees provided.

31.3             The Customer and any guarantors jointly and severally authorise FHE to exchange information about the creditworthiness of either the Customer or each of the guarantors with any credit reporting agency at any time during the term of the Contract.  This clause does not merge.

 

 

Disclaimer


 

Due to changing market forces and other extenuating circumstances that affect product availability, and price stability we reserve the right to withdraw any product we advertise and change prices without notice.

Information contained throughout the web pages and in our database is believed to be accurate and reliable at the time of publishing. There may be misprints, human errors, and omissions. We reserve the right to make changes and corrections in prices, products, and specifications without notice.

Images displayed on this web site should be regarded as illustrative and informational purpose only. The actual products are often not identical to the images.

Hyperlinks (URL) provided throughout our product pages can only be used as references only. The products we carry are often not identical as the contents contained in the links. If unsure, please contact our sales team.



Further information


 

If you have any further questions regarding F.E.D.'s Terms and Conditions of Sale or how we handle your information please email us or alternatively contact our Sales Manager on (02) 9772 9999.