Terms & Conditions
1. AGREEMENT: In this agreement, the "seller" means Escalate Hospitality Supplies (ABN 64752091463) of Unit 1, 17 Stanley St, Peakhurst NSW 2210 and the "customer" means any person/entity that places an order with Escalate Hospitality Supplies. An "order" means any request or offer to purchase goods sold by the seller. "Goods" means any items sold or supplied by the seller. "Parties" is jointly referred to the seller and the customer. The seller may vary/amend these terms at any time, provided that such variations would only apply to orders placed after the date of such variation. The customer agrees to apply the terms and conditions of this agreement by confirming an order.
2. ORDERS: The seller reserves the right to accept or refuse any order and receipt of payment for goods by the seller does not necessarily confirm the acceptance of the order by the seller. The seller will issue a refund of the monies received for orders placed by the customer for any items that have been discontinued or are out of stock. Orders placed for age restricted goods like equipments, knifes, chemicals etc confirm that the customer is over 18 years of age and is capable of using such items in a safe manner. The customer also confirms that delivery of such age restricted items will be received by a person over 18 years of age. The customer agrees to take responsibility for orders placed for fragile items like glassware, crockery etc. Whilst the seller will take utmost care for shipping the goods in a safe/appropriate packaging, it cannot take responsibility for any breakages in transit. The customer can organise insurance for those items if it wants to cover any such breakages. The customer acknowledges that it has not relied upon any advice given by the seller or its agents in relation to the suitability for any purposes of the goods.
3. PAYMENT: Prices for items change from time to time and whilst the seller endeavours to have its prices updated regularly there could be an instance where the seller finds it necessary to change/update the price on an item after an order has been received. The seller will communicate this price change with the customer and if the customer wants to cancel the order then the seller will issue a refund of the monies received. If the customer wants the goods to be delivered to their premise, there will be an additional cost for delivery. The acceptable payment methods are clearly displayed on the sellers website. Unless otherwise stated, all prices quoted or displayed exclude GST (Goods & Services Tax). On applicable items, GST will be charged in accordance with the relevant regulations in force at the time of the Order. On the sellers webiste, GST is calculated at the time of check out.
4. DELIVERY: The seller shall provide to the customer the estimated dates of delivery and will use its best endeavours to maintain such estimates, but shall not be liable to the customer in the event that such estimates cannot be maintained. The obligations of the seller as to delivery shall extend to the delivery of goods to the kerbside or street level only. In the event that there are additional delivery requirements the customer shall notify the seller at a reasonable time prior to any such delivery and any additional costs thereby incurred shall be to the customer’s expense. Delivery fees calculated on the sellers website at the time of check out are carrier calculated and the seller reserves the right to review the delivery fee before despatch of goods. The seller normally ships the goods within 2 business days but at times there could be a delay if the seller has to get the goods from the manufacturer. If necessary, the seller can also request the manufacturer to directly despatch the goods to the customer.
5. WARRANTY: The customer acknowledges that any warranty given in respect of equipment is the warranty of the manufacturer of the goods and that the seller is not responsible for such warranties and gives no warranty of its own in respect of the said goods. The seller at its discretion may repair or replace any goods to remedy any failure due to faulty workmanship or materials. The customer should not repaire or undertake to repair the goods without the prior authorisation of the seller nor altering the goods in any way. It is also mandatory that the customer has used and maintained the goods in accordance with the manufacturer’s recommendations.
6. RETURNS: Order for bulky/large items like equipments cannot be cancelled, returned, modified or deferred without the prior written consent of the seller and if the seller shall consent to any cancellation, return, modification or deferral the customer shall reimburse it for all losses including loss of profits and shall be liable to pay a cancellation and re-stocking fee being not less than 20% of the invoice value of the goods. Some goods delivered may be returned for a refund, exchange or replacement within 30 days provided they are returned unused, in a saleable condition and in their original packaging. In cases of special order goods, the goods will not be returnable. Goods that are damaged on delivery must be reported to the seller in writing within 24 hours. Bulky/large items like equipments must be visually inspected by the customer on delivery for damage and an acceptance of delivery docket completed noting any damage that resulted from delivery. Goods that are missing, delivered faulty or defective by the seller may be replaced, repaired, refunded or exchanged at the seller's discretion provided the customer informed the seller in writing within 28 days. In all cases, if the seller agrees to accept return of an item, the customer will be respobsible for the shipping and its associated fees.
7. LIABILITY: The customer agrees that the seller will not be liable for any losses or damage suffered by the customer including but not limited to loss of business, business interruption or loss of time, due to the use or purchase of the goods by the customer. Goods sold are not insured for delivery unless confirmed as insured by the seller on acceptance of the order.
8. JURISDICTION: This Agreement is governed by the law of New South Wales and the parties submit to the non-exclusive jurisdiction of the courts of New South Wales. Any right or obligation contained in this agreement will be distinct and severable and if one or more of the same are declared invalid, illegal, void or unenforceable then the remainder will continue in force and effect to the fullest extent permissible by law.