TERMS AND CONDITIONS Interpretation: “Kaymak Factory refer to Balkan Grill Wholesale Pty Ltd (TAC) A.B.N 666 993 059 and it’s successors. TAC assigns and has the same meaning as it has in the Customer Information Form and the Credit Application Form. “Corporations Act” means the Corporations Act 2001(Cth) “Guarantor” means any person or entity that has guaranteed the obligations of the Customer to Balkan grill Wholesale 1. The applicant/Customer agrees to the terms of payment authorized by TAC and will comply with strict terms upon delivery of goods. Any claims arising from invoices must be made within 2 business days of receipt of goods. Please refer to point 6 (g) “Returns Policy”. Please note: Balkan Grill Wholesale may in its own discretion withdraw the credit facilities, vary the terms of this credit application, or place a limit on the amount of credit available to the Customer at any time by giving notice to the Customer.

 

This is done without prejudice to any other rights that Balkan Grill Wholesale may have and without being liable for any loss or damage of any kind suffered by the Customer as a result. 2. The applicant/customer declares that the applicant/customer (or any partner, or director of the same) has never been registered under the Bankruptcy Act or been a Director of a company which has gone into liquidation or had a receiver/manager appointed. 3. The applicant/customer agrees to Balkan Grill Wholesale disclosing any information contained in this application to a credit reporting agency, in order to obtain a credit report containing personal credit information, as is considered necessary in assessing this application for commercial credit, or recovery of any outstanding amount, in accordance with the Privacy Act 1988. 4. The applicant/customer agrees to abide by the Trading Terms as set out as follows: a) To pay for all purchases of goods and services within the credit terms that have been approved.

 

We offer terms of net 14 days from delivery of goods. b) To accept liability for all costs, charges, commissions, fees and disbursements incurred by Balkan Grill Wholesale Pty Ltd in recovery of any unpaid account. c) To acknowledge the right of Balkan Grill Wholesale Pty Ltd to withdraw account facilities at any time without prejudice to any other right Balkan Grill Wholesale Pty Ltd may have had without being liable for the consequences. d) To notify in writing Balkan Grill Wholesale Pty Ltd no later than 14 days prior to any change or intended change of ownership. Failure to do so could result in the applicant being responsible for future debts of the new ownership. Credit facilities will not be automatically transferred to the new owner/directors. e) The property of the goods shall remain with Balkan Grill Wholesale Pty Ltd until full payment of the invoices issued for goods. 5. Acceptance of Products – Unless the customer notifies Balkan Grill Wholesale to the contrary the day before delivery of goods and such notification is confirmed by Balkan Grill Wholesale Pty Ltd staff , the Products shall be deemed to have been accepted by the customer as being in good condition.

 

The customer shall not be entitled to withhold payment of all or any of the price of the product whilst any claim is being investigated by Balkan Grill Wholesale 6. Deliveries: a) Balkan Grill Wholesale will deliver the products to the place of delivery designated by the customer and agreed to by Balkan Grill Wholesale as evidenced in the customer’s delivery instructions on the “Customer Information Form”. b) If deliveries are made when there is no staff to sign/accept the delivery the applicant/customer understands that they Consent Balkan Grill Wholesale staff to enter their premises, unload the product into the designated storage area and follow with their instructions to leave their premises as instructed in the driver’s instructions given by the customer/applicant on this form. The customer/applicant will ensure that the Balkan Grill Wholesale staff member is under no Occupational Health & Safety (OHS) risk whilst on their premises and the customer/applicant understands that they will be liable for any injury/loss incurred by Balkan Grill Wholesale staff member.

 

14 Days written notice prior to next delivery is required if there has been a change to delivery instructions or change to key or code access. c) Balkan Grill Wholesale may agree to allow the customer to organize their own Pick-Up and Delivery of goods where the customer/applicant will ensure to follow all OHS procedure and guidelines on site while in the process of Pick Up. d) Balkan Grill Wholesale may deliver products in part installments. Where the products are delivered by part installments, each installment shall be deemed to be the subject of a separate contract. e) Price: All goods quoted are Exclusive of GST except for items marked GST included f) Payment Terms and Method: Payment of all goods are to be made by: a. Cash on delivery of goods. If payment is by cheque and at the time of banking insufficient funds are available, the customer/applicant may be charged with a dishonor fee of $40 by Balkan Grill Wholesale to cover administrative and processing costs, or account will be offered strictly on condition of payment to be received 14days from invoice date.

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Credit Card payment on delivery of goods, provided that the customer has obtained consent from Balkan Grill Wholesale s prior to delivery. c. Direct debit (this facility is only available for trade account holders). Should payment fall on a non business working day then payment will be accepted the next business working day. d. Balkan Grill Wholesale may in its own discretion withdraw credit facilities, vary the terms of this credit application or place a limit on the amount of credit available to the customer/applicant at any time by giving notice to the customer/ applicant without prejudice to any other rights that Balkan Grill Wholesale may have and without being liable for any loss or damage of any kind suffered by the customer/applicant as a result. g) Returns Policy: All returns must be authorized by Balkan Grill Wholesale Pty Ltd within 2 days of invoice date where the customer shall be given a Goods Return Number. The customer shall store all returned goods as per the storage/food safety instructions/requirements on the product labels and as per Food Safety Guidelines and principles. h) Cancellation of orders: Cancellation of orders must be made by 3pm the day prior to delivery. Balkan Grill Wholesale reserves the right to refuse cancellation on special products that are made to order specifically for that customer/applicant.

 

Balkan Grill Wholesale may choose to charge a cancellation fee to recover costs incurred in the preparation or delivery of any orders. i) No Variation: All goods sold by Balkan Grill Wholesale are sold subject to these Terms and Conditions. No variation or modification or substitution of these Terms and Conditions shall be binding on Balkan Grill Wholesale unless specifically accepted by Balkan Grill Wholesale in writing. That’s Balkan Grill Wholesale may amend or replace these Terms and Conditions at any time by giving 7 days notice to the customer/applicant. I am authorized to sign and agree to these Terms of Trade as a representative of the customer. I have read and understand the Terms and Condition of Trade of Balkan Grill Wholesale Pty Ltd which form part of, and are intended to be read in conjunction with this Customer Information Form and the Credit Account Application and agree to be bound by these conditions. Signature: Name: Position(s) held