Terms of Ownership
- The good supplied pursuant to this contract [“the goods”] remain the property of Coffee Works Express [“the vendor”] until the purchaser pays to the vendor the entire purchase price shown [or any other amount agreed to in writing].
- Where the vendor has not been paid I full for the goods and the vendor delivers the goods to the purchaser, then the purchaser agrees with the vendor.
a. To keep the goods as a bailee for the vendor and in a manner which clearly identifies them as the property of the vendor.
b. If the goods are resold, to do so as agent of the vendor and to hold all proceeds of such sale in separate account in trust for the vendor until payment in full for the goods has been received by the vendor.
- At any time after any part of the purchase price has fallen due for payment but has not been paid:
a. The vendor may without notice to the purchaser seize or repossess the goods at any time;
b. The purchaser authorises the vendor and any of the vendors agents or representatives to enter the premises shown as the address of the purchaser and any other premises at which the goods may be located or at any address which the vendor believes the goods are located, for the purpose of verifying or ascertaining the location of the goods and seizing or repossessing the goods.
- All costs and expenses [legal or otherwise] of any action taken by the vendor in exercising the rights conferred by this contract shall be deemed to be a debt due by the purchaser to the vendor.
It is agreed that the expression “purchaser” includes the “purchaser” and any director, agent or other person who is liable to pay the amount due under this contact.
Acceptance of the goods shall be acceptance of these terms and conditions unless otherwise agreed to in writing.
These terms and conditions are subject to the provisions of the Trade Practises Act 1974, which afford statutory rights to consumers.
The invalidity of any clause or any part of a clause shall not affect any other clause or any other part of the clause.
The goods will be delivered by the vendor to the purchaser at the delivery address or otherwise to the address of the purchaser and from the time of dispatch thereof from the premises of the vendor and until such delivery, [notwithstanding any insurance effected by the vendor], the risk of any loss or damage to the goods for whatsoever cause will be at the risk of the purchaser who is responsible for effecting insurance of the goods while in transit.
- The purchaser agrees to pay interest on any overdue amount payable to the Vendor from the day when it becomes due at the rate from time to time applied by Westpac Banking Corporation on overdrafts in excess of $100,000 plus two percent [2%].
- The purchaser agrees to pay in addition to interest a monthly administration fee on overdue amounts of $25.00.
- Interest on overdue accounts and administration fees accrues to the vendor without prejudice to any other rights of the vendor.
Warranty commences from date of delivery and is valid for 12 months. Labour warranty is 12 months, provided a recognised service agent installs the machine and performs the warranty service. Exclusions of labour warranty are travelling time, after hours surcharge, mishandling and misuse of machine. Normal call out fees are only claimable under warranty where the machine has been plumbed in. Exclusions to part warranty are consumables such as group seals, shower screens, water filters and wearing of the steam arm and front nut due to over tightening. Warranty is void where, the problem caused is found to be insufficient filtration of water to the machine, low or above normal pressure, low or abnormally high electricity supply, infestation by insects or vermin, tank contamination, accident [ie. fire, machine dropped or flooding]. Warranty ceases if the machine is interfered with or modified [in any way] other than by Coffee Works Express.