Terms of service

I/We acknowledge CWE may use and disclose my/our information for the secondary purpose of internal administration.

CWE may disclose personal information to third party service providers, agents, advisers and to parties authorised by law to collect information.

I/We acknowledge that this Privacy Schedule shall continue to have effect before and after the duration of any indebtedness to CWE. 

 

Agreement means an agreement formed in accordance with clause 3.1 or 3.2;

Company means Coffee Works Express Pty Ltd ACN 082 516 461.

Consumer Legislation means the Competition and Consumer Act 2010 (Cth) (as amended) or equivalent State legislation;

Customer means the person or entity acquiring the Goods or Services from the Company or, if agent for another, the agent and the other person or entity jointly and severally;

Goods means any or all of the goods supplied by the Company to the Customer as identified in a Quotation or an Order or otherwise described in an invoice;

Order means any written or verbal order provided by the Customer to the Company in respect of Goods or Services;

Order confirmation means the document summarising the Order placed by the Customer, sent by the Company;

Product means: (1) the product as set out in Mazzer's catalogues; (2) the customised product; and (3) spare parts;

Quotation means any written or verbal quotation provided by the Company to the Customer in respect of Goods or Services;

Services means any or all of the services provided by the Company to the Customer as identified in a Quotation or an Order or otherwise described in an invoice;

Terms of Sales means these terms and conditions of sales, and includes any variation or revision to these terms; and

2.1 These Terms of Sales apply to all Goods and Services supplied by the Company to the Customer and may only be modified or supplemented by separate written agreement between the Company and the Customer.

2.2 All other terms and conditions, express or implied, present or historic (including any statements made in any brochure, website or advertising literature of the Company) are excluded, save in the case of fraud.

2.3 The Company may vary these Terms of Sales at any time by providing written notice of the variation to the Customer.  Any variation will apply to all Agreements created after receipt of the notice of variation by the Customer.

3. Quotations and Orders

3.1 Where the Company provides a Quotation to the Customer:

(a) a binding agreement for sale of Goods or Services in accordance with the Quotation, these Terms of Sales and any comes into existence on receipt by the Company of the Customer’s written or verbal acceptance of the Quotation.

The Company may withdraw a Quotation at any time prior to acceptance by the Customer.

In the event of any inconsistency between the Order and these Terms of Sales, these Terms of Sales will prevail.

3.2 Cancellation of, or variation to, an Order will be accepted at the sole discretion of the Company, on such terms as the Company may specify.

(a) The agreement will be considered concluded only after the sending of the Order confirmation and the receipt of the payment sent by the electronic platform managed by the Company. Orders accepted by the Company may no longer be modified or cancelled by the Customer without a written agreement with the Company.

4.1 Risk in the Goods passes to the Customer on delivery.

4.2 The Company will endeavour to meet any agreed or stated delivery dates, but will not be liable for any delay or failure to deliver.

4.3 Delivery shall be to such place as the Company may agree or reasonably specify prior to delivery.  Any delivery charge will be at cost or as otherwise agreed by the Company and the Customer in writing. The Company does not deliver to Post Offices or Parcel Lockers.

4.4 Each delivery of Goods or performance of Services shall be treated as a separate agreement.  Unless otherwise agreed in writing, the Company may deliver Goods or perform Services in part and any failure to deliver or perform or any related breach of agreement by the Company shall not affect any other delivery.

4.5 The Customer shall take delivery of the Products on any day up to the date quoted or agreed by the Company or, if none, within a reasonable time.  If the Customer delays, fails or refuses to take delivery of the Goods, and without affecting any other rights the Company may have, the Company may charge the Customer for any expenses or additional costs incurred by the Company as a result of the delay, failure or refusal.

4.6 All claims for delivery of the wrong Goods, the incorrect quantity of Goods or Goods damaged in transit must be made within 7 days of delivery and in accordance with any procedures advised by the Company to the Customer from time to time.

5.1 Except in the situations set out in clause 7 or as required by law, the Company is not obliged to accept Goods returned by the Customer.

5.2 If the Customer wishes to return Goods, the Customer must first contact the Company and advise the serial number of the goods to be returned, the order number, and a description of the fault (which may be permitted at the Company’s discretion). All returned goods should be undamaged by the Customer and in their original packaging, or in any case with a packaging which guarantees adequate protection of the Products during transportation, complete with all the parts originally supplied.

5.3 After the Customer has contacted the Company and a return is permitted, Company administration will contact the customer to arrange the freight for the return.

6.1 Unless otherwise stated, prices are quoted exclusive of all applicable taxes, duties or fees (except GST), which will be paid by the Customer in addition to those prices.

6.2 Unless specifically stated otherwise, all prices are in Australian dollars. 

6.3 The Customer must pay to the Company, the prices for the relevant Goods as outlined in the Order Confirmation at the time of issuing the Order or the Quotation giving rise to the Agreement in question.

7.1 Subject to clauses 7.2 and 8, the Company warrants that the Goods are free from any defects and have the characteristics expressly stated in the Order confirmation or the user instructions, as the case may be. The Company shall use its best endeavours, whenever possible, to pass to the Customer the benefit of warranties given by the supplier or manufacturer of Goods not produced or manufactured by the Company. 

7.2 Back to base warranty commences from the date of delivery and is valid for 12 months – provided the warranty is not voided in any way by the customer.

7.3 Exclusions to the warranty are consumables such as grinder burrs.

7.4 The warranties set out in this clause 7 are not available where, the problem caused is low or abnormally high electricity supply, infestation by insect or vermin, accident (i.e. fire, machine dropped or flooding), defects in the Products deriving from unsuitable storage of the same by the Customer or its assignees, defects attributable to deterioration and/or normal wear and tear of the Products; defects due to Customer negligence or improper use and/or incorrect installation, defects due to use and maintenance that do not comply with the product sheet and/or user manual. Warranty ceases if the machine is interfered with or modified (in any way) other than by the Company. 

8.1 Subject to clause 8.2, to the extent permitted by law, all other representations, warranties, descriptions and conditions, whether express or implied by law and/or oral or written, as to the state, quality or fitness of the Goods and the standard of the Services are expressly excluded.

8.2 Nothing in these Terms of Sales will affect any rights the Customer or any other person may have under the Consumer Legislation. Where the Goods are subject to consumer guarantees under the Competition and Consumer Act, then this applies:

and where the Goods or Services are not of a kind ordinarily acquired for personal, domestic or household use and consumption, then the liability of the Company to the Customer is limited in accordance with clause 8.3.

8.3 Except where any Consumer Legislation expressly requires otherwise, the Company’s total aggregate liability under any proceedings or law in connection with the Goods, the Services or the Agreement is limited to the cost of the Goods and/or Services about which the claim is made, provided however that this clause will not affect any written performance guarantee given to the Customer by the Company.

9.1 The Company and the Customer agree that the sale and purchase of the Goods does not confer on the Customer any licence or rights in respect of any patent, design, trade mark or copyright which is the property of the Company, or which has been licensed to the Company.

10.1 The Customer must promptly supply to the Company all information and assistance required for the Company to execute the Customer's Order.

10.2 The Customer shall ensure that all Goods are safely and lawfully received, stored, maintained, used or applied by the Customer and shall have regard to any information provided by the Company concerning those matters.

10.3 The Customer shall ensure that all appropriate safety information (whether supplied by the Company, Customer or another) is distributed and drawn to the attention of all others who require it for the safe handling or use of the Goods.

The Company shall not be liable for any failure to comply with an Agreement related to any circumstances whatever (whether or not involving the Company's negligence) which are beyond the Company's reasonable control and which prevent or restrict the Company from complying with the Agreement.  However, the Company may where reasonable and without liability suspend or terminate all or some of its obligations under the Agreement if the Company’s ability to fulfil such obligations is materially impaired.

12.1 Notices must be in writing to the address as notified by the Company or the Customer (as applicable) and are deemed delivered on the day of delivery by hand, (subject to confirmation of transmission) by facsimile, or (subject to the sender not receiving an error message within 2 hours of despatch) by email.

12.2 No failure by the Company to enforce any provision of an Agreement will be construed as a release of its rights relating to that provision or to sanction any further breach.

12.3 Each Agreement shall be governed by and construed in accordance with the laws of New South Wales and the parties submit to the jurisdiction of the Courts of that State and the Federal Court of Australia.  The United Nations Convention on Contracts for the International Sale of Goods shall not apply to an Agreement or the transactions contemplated by an Agreement.