1. Delivery: If Local Metro delivery has been included in the quotation it will be carried out during our standard business hours of 8:00am – 4:30pm Monday to Friday.
2. Installation of Equipment:
2.1 If installation of the equipment has been included within the quotation it is the responsibility of the customer to ensure all required services are available within one (1) meter of the proposed location of the equipment.
- Power – correct phase and amp requirement
- Water – correct supply pressure and fittings for connection
- Drainage - Sufficiently sized drain point located in the correct location for the proposed application.
- Gas - Plumbing must meet Australian Standards for Gas installation -AS/NZS 5601.1:2013
2.2 Equipment specification will be sent to you with the quotation as a separate attachment and will outline all of the requirements. Please advise if you do not receive this information.
3. Accessibility: All quotations, where specified, are based on standard supply, delivery, and installation. If a piece of equipment requires additional effort for installation then it will be charged as an addition to the quoted price, after approval is confirmed by the customer. This includes, but is not limited to, narrow doorways or entry points, steps and stairs, site location, trading times etc.
4. Warranty Note:
4.1 Rural and/or remote areas may incur additional fees if out of a 50km radius from Capital City.
5. Returns, Refunds, Credits & Restocking Fees:
5.1 Customers have 7 days to inspect goods after delivery and report of any defects, they shall also give DRS/DCS the opportunity to inspect to review, (refer to clause 9.1 of the Terms and conditions.)
5.2 The Seller is not under any duty to accept products returned by the buyer and will don so only on terms determined by the Seller (including Restocking fee of 30% for of the-the-shelf or Standard products,) in each individual case.
5.3 Without limiting the generality of point 5.2, in the case of specialty items that are Made-to-order, customised, or reconditioned, returns will be subject to the terms determined by the Supplier (restocking fees as a percentage of the items value, as per the Suppliers policy, this excludes any freight charges if the item is to be shipped back to the Supplier) each individual case is subject to approval from both Supplier and Seller.
6. Payment Options:
6.1 Account Customers: All quotations totalling $1,000.00 and above will require a 50% deposit to be paid prior to the ordering of any equipment. The remaining amount will be placed onto your account and payable within 14 days of receipt of the goods.
6.2 Non-Account Customers: Payment will be required in full prior to the ordering of any equipment. After three transactions you will be offered a 14-day account with our company.
6.3 Flexible Financing Option - Silver Chef:We have partnered with Silver Chef, Australia's leading hospitality finance company, to make it easy for Darwin businesses to get the hospitality equipment they need. Providing flexible funding solutions, Silver Chef makes it simple to rent, upgrade, and purchase your commercial catering and hospitality equipment. For more information, please talk to one of our friendly team members, who will be happy to assist.
Terms & Conditions of Trade
Dynamic Refrigeration Solutions Pty Ltd Trading as Dynamic Catering Solutions
Please note that a larger print version of these terms and conditions is available from DCS on request.
1.1 “DRS” shall mean Dynamic Refrigeration Solutions Pty Ltd, its successors and assigns or any person acting on behalf of and with the authority of Dynamic Refrigeration Solutions Pty Ltd.
1.2 “Customer” shall mean the Customer (or any person acting on behalf of and with the authority of the Customer) as described on any quotation, work authorisation or other form as provided by DRS to the Customer.
1.3 “Guarantor” means that person (or persons), or entity, who agrees to be liable for the debts of the Customer on a principal debtor basis.
1.4 “Goods” shall mean all Goods supplied by DRS to the Customer (and where the context so permits shall include any supply of Services as hereinafter defined) and are as described on the invoices, quotation, work authorisation or any other forms as provided by DRS to the Customer.
1.5 “Services” shall mean all Services supplied by DRS to the Customer and includes any advice or recommendations (and where the context so permits shall include any supply of Goods as defined above).
1.6 “Price” shall mean the Price payable for the Goods as agreed between DRS and the Customer in accordance with clause 4 of this contract.
2. The Commonwealth Trade Practices Act 1974 (“TPA”) and Fair Trading Acts (“FTA”)
2.1 Nothing in this agreement is intended to have the effect of contracting out of any applicable provisions of the TPA or the FTA in each of the States and Territories of Australia, except to the extent permitted by those Acts where applicable.
3.1 Any instructions received by DRS from the Customer for the supply of Goods and/or the Customer’s acceptance of Goods supplied by DRS shall constitute acceptance of the terms and conditions contained herein.
3.2 Where more than one Customer has entered into this agreement, the Customers shall be jointly and severally liable for all payments of the Price.
3.3 Upon acceptance of these terms and conditions by the Customer the terms and conditions are binding and can only be amended with the written consent of DRS.
3.4 The Customer shall give DRS not less than fourteen (14) days prior written notice of any proposed change of ownership of the Customer or any change in the Customer’s name and/or any other change in the Customer’s details (including but not limited to, changes in the Customer’s address, facsimile number, or business practice). The Customer shall be liable for any loss incurred by DRS as a result of the Customer’s failure to comply with this clause.
3.5 Goods are supplied by DRS only on the terms and conditions of trade herein to the exclusion of anything to the contrary in the terms of the Customer’s order notwithstanding that any such order is placed on terms that purport to override these terms and conditions of trade.
4. Price and Payment
4.1 At DRS’ sole discretion the Price shall be either:
(a) as indicated on invoices provided by DRS to the Customer in respect of Goods supplied; or
(b) DRS’ quoted Price (subject to clause 4.2) which shall be binding upon DRS provided that the Customer shall accept DRS’ quotation in writing within thirty (30) days.
4.2 DRS reserves the right to change the Price in the event of a variation to DRS’ quotation.
4.3 DRS may submit detailed progress payment claims in accordance with DRS’ specified payment schedule. Such payment claims may include the reasonable value of authorised variations and the value of any materials delivered to the site but not yet installed.
4.4 At DRS’ sole discretion a deposit may be required.
4.5 At DRS’ sole discretion payment shall be due on delivery of the Goods.
4.6 Time for payment for the Goods shall be of the essence and will be stated on the invoice or any other forms. If no time is stated then payment shall be due fourteen (14) days following the date of the invoice.
4.7 Payment will be made by cheque, or by bank cheque, or by credit card (plus a surcharge of up to two percent (2%) of the Price), or by direct credit, or by any other method as agreed to between the Customer and DRS.
4.8 GST and other taxes and duties that may be applicable shall be added to the Price except when they are expressly included in the Price.
5. Delivery of Goods
5.1 At DRS’ sole discretion delivery of the Goods shall take place when:
(a) the Customer takes possession of the Goods at DRS’ address; or
(b) the Customer takes possession of the Goods at the Customer’s nominated address (in the event that the Goods are delivered by DRS or DRS’ nominated carrier); or
(c) the Customer’s nominated carrier takes possession of the Goods in which event the carrier shall be deemed to be the Customer’s agent.
5.2 At DRS’ sole discretion the costs of delivery are:
(a) included in the Price; or
(b) in addition to the Price; or
(c) for the Customer’s account.
5.3 Delivery of the Goods to a third party nominated by the Customer is deemed to be delivery to the Customer for the purposes of this agreement.
5.4 The failure of DRS to deliver shall not entitle either party to treat this contract as repudiated.
5.5 DRS shall not be liable for any loss or damage whatsoever due to failure by DRS to deliver the Goods (or any of them) promptly or at all, where due to circumstances beyond the control of DRS.
6.1 If DRS retains ownership of the Goods nonetheless, all risk for the Goods passes to the Customer on delivery.
6.2 If any of the Goods are damaged or destroyed following delivery but prior to ownership passing to the Customer, DRS is entitled to receive all insurance proceeds payable for the Goods. The production of these terms and conditions by DRS is sufficient evidence of DRS’ rights to receive the insurance proceeds without the need for any person dealing with DRS to make further enquiries.
7.1 The Buyer shall ensure that DRS has clear and free access to the work site at all times to enable them to undertake the works. DRS shall not be liable for any loss or damage to the site unless due to the negligence of DRS.
8.1 DRS and the Customer agree that ownership of the Goods shall not pass until:
(a) the Customer has paid DRS all amounts owing for the particular Goods; and
(b) the Customer has met all other obligations due by the Customer to DRS in respect of all contracts between DRS and the Customer.
8.2 Receipt by DRS of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised and until then DRS’ ownership or rights in respect of the Goods shall continue.
8.3 It is further agreed that:
(a) where practicable the Goods shall be kept separate and identifiable until DRS shall have received payment and all other obligations of the Customer are met; and
(b) until such time as ownership of the Goods shall pass from DRS to the Customer DRS may give notice in writing to the Customer to
return the Goods or any of them to DRS. Upon such notice the rights of the Customer to obtain ownership or any other interest in the Goods shall cease; and
(c) DRS shall have the right of stopping the Goods in transit whether or not delivery has been made; and
(d) if the Customer fails to return the Goods to DRS then DRS or DRS’ agent may (as the invitee of the Customer) enter upon and into land and premises owned, occupied or used by the Customer, or any premises where the Goods are situated and take possession of the Goods; and
(e) the Customer is only a bailee of the Goods and until such time as DRS has received payment in full for the Goods then the Customer shall hold any proceeds from the sale or disposal of the Goods, up to and including the amount the Customer owes to DRS for the Goods, on trust for DRS; and
(f) the Customer shall not deal with the money of DRS in any way which may be adverse to DRS; and
(g) the Customer shall not charge the Goods in any way nor grant nor otherwise give any interest in the Goods while they remain the property of DRS; and
(h) DRS can issue proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods may not have passed to the Customer; and
(i) until such time that ownership in the Goods passes to the Customer, if the Goods are converted into other products, the parties agree that DRS will be the owner of the end products.
9.1 The Customer shall inspect the Goods on delivery and shall within seven (7) days of delivery (time being of the essence) notify DRS of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote. The Customer shall afford DRS an opportunity to inspect the Goods within a reasonable time following delivery if the Customer believes the Goods are defective in any way. If the Customer shall fail to comply with these provisions the Goods shall be presumed to be free from any defect or damage. For defective Goods, which DRS has agreed in writing that the Customer is entitled to reject, DRS’ liability is limited to either (at DRS’ discretion) replacing the Goods or repairing the Goods except where the Customer has acquired Goods as a consumer within the meaning of the Trade Practices Act 1974 (CWlth) or the Fair Trading Acts of the relevant state or territories of Australia, and is therefore also entitled to, at the consumer’s discretion either a refund of the purchase price of the Goods, or repair of the Goods, or replacement of the Goods.
9.2 Goods will not be accepted for return other than in accordance with 9.1 above.
10.1 Subject to the conditions of warranty set out in clause 10.1 DRS warrants that if any defect in any workmanship of DRS of any new installations becomes apparent and is reported to DRS within twelve (12) months of the date of delivery (time being of the essence) then DRS will either (at DRS’ sole discretion) replace or remedy the workmanship.
10.2 The conditions applicable to the warranty given by clause 10.1 are:
(a) the warranty shall not cover any defect or damage which may be caused or partly caused by or arise through:
(i) failure on the part of the Customer to properly maintain any Goods; or
(ii) failure on the part of the Customer to follow any instructions or guidelines provided by DRS; or
(iii) any use of any Goods otherwise than for any application specified on a quote or order form; or
(iv) the continued use of any Goods after any defect becomes apparent or would have become apparent to a reasonably prudent operator or user; or
(v) fair wear and tear, any accident or act of God.
(b) the warranty shall cease and DRS shall thereafter in no circumstances be liable under the terms of the warranty if the workmanship is repaired, altered or overhauled without DRS’ consent.
(c) in respect of all claims DRS shall not be liable to compensate the Customer for any delay in either replacing or remedying the workmanship or in properly assessing the Customer’s claim.
10.3 For Goods not manufactured by DRS, the warranty shall be the current warranty provided by the manufacturer of the Goods. DRS shall not be bound by nor be responsible for any term, condition, representation or warranty other than that which is given by the manufacturer of the Goods.
11. Intellectual Property
11.1 Where DRS has designed, drawn or written Goods for the Customer, then the copyright in those designs and drawings and documents shall remain vested in DRS, and shall only be used by the Customer at DRS’ discretion.
11.2 The Customer warrants that all designs or instructions to DRS will not cause DRS to infringe any patent, registered design or trademark in the execution of the Customer’s order and the Customer agrees to indemnify DRS against any action taken by a third party against DRS in respect of any such infringement.
11.3 The Customer hereby authorises DRS to utilise images of the Goods designed or drawn by DRS in advertising, marketing, or competition material by DRS.
12. Default and Consequences of Default
12.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at DRS’ sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
12.2 In the event that the Customer’s payment is dishonoured for any reason the Customer shall be liable for any dishonour fees incurred by DRS.
12.3 If the Customer defaults in payment of any invoice when due, the Customer shall indemnify DRS from and against all costs and disbursements incurred by DRS in pursuing the debt including legal costs on a solicitor and own client basis and DRS’ collection agency costs.
12.4 Without prejudice to any other remedies DRS may have, if at any time the Customer is in breach of any obligation (including those relating to payment) DRS may suspend or terminate the supply of Goods to the Customer and any of its other obligations under the terms and conditions. DRS will not be liable to the Customer for any loss or damage the Customer suffers because DRS has exercised its rights under this clause.
12.5 If any account remains overdue after thirty (30) days then an amount of the greater of twenty dollars ($20.00) or ten percent (10%) of the amount overdue (up to a maximum of fifty dollars ($50.00)) shall be levied for administration fees which sum shall become immediately due and payable.
12.6 Without prejudice to DRS’ other remedies at law DRS shall be entitled to cancel all or any part of any order of the Customer which remains unfulfilled and all amounts owing to DRS shall, whether or not due for payment, become immediately payable in the event that:
(a) any money payable to DRS becomes overdue, or in DRS’ opinion the Customer will be unable to meet its payments as they fall due; or
(b) the Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(c) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer.
13. Security and Charge
13.1 Despite anything to the contrary contained herein or any other rights which DRS may have howsoever:
(a) where the Customer and/or the Guarantor (if any) is the owner of land, realty or any other asset capable of being charged, both the Customer and/or the Guarantor agree to mortgage and/or charge all of their joint and/or several interest in the said land, realty or any other asset to DRS or DRS’ nominee to secure all amounts and other monetary obligations payable under these terms and conditions. The Customer and/or the Guarantor acknowledge and agree that DRS (or DRS’ nominee) shall be entitled to lodge where appropriate a caveat, which caveat shall be withdrawn once all payments and other monetary obligations payable hereunder have been met.
(b) should DRS elect to proceed in any manner in accordance with this clause and/or its sub-clauses, the Customer and/or Guarantor shall indemnify DRS from and against all DRS’ costs and disbursements including legal costs on a solicitor and own client basis.
(c) the Customer and/or the Guarantor (if any) agree to irrevocably nominate constitute and appoint DRS or DRS’ nominee as the Customer’s and/or Guarantor’s true and lawful attorney to perform all necessary acts to give effect to the provisions of this clause 13.1.
14. Compliance with Laws
14.1 The Buyer and DRS shall comply with the provisions of all statutes, regulations and bylaws of government, local and other public authorities that may be applicable to the works.
14.2 The Buyer shall obtain (at the expense of the Buyer) all licenses and approvals that may be required for the works.
14.3 The Buyer agrees that the site will comply with any occupational health and safety laws relating to building/construction sites and any other relevant safety standards or legislation.
15.1 DRS may cancel any contract to which these terms and conditions apply or cancel delivery of Goods at any time before the Goods are delivered by giving written notice to the Customer. On giving such notice DRS shall repay to the Customer any sums paid in respect of the Price. DRS shall not be liable for any loss or damage whatsoever arising from such cancellation.
15.2 In the event that the Customer cancels delivery of Goods the Customer shall be liable for any loss incurred by DRS (including, but not limited to, any loss of profits) up to the time of cancellation.
15.3 Cancellation of orders for Goods made to the Customer’s specifications or non-stocklist items will definitely not be accepted, once production has commenced.
16. Privacy Act 1988
16.1 The Customer and/or the Guarantor/s agree for DRS to obtain from a credit reporting agency a credit report containing personal credit information about the Customer and Guarantor/s in relation to credit provided by DRS.
16.2 The Customer and/or the Guarantor/s agree that DRS may exchange information about the Customer and the Guarantor/s with those credit providers either named as trade referees by the Customer or named in a consumer credit report issued by a credit reporting agency for the following purposes:
(a) to assess an application by Customer; and/or
(b) to notify other credit providers of a default by the Customer; and/or
(c) to exchange information with other credit providers as to the status of this credit account, where the Customer is in default with other credit providers; and/or
(d) to assess the credit worthiness of Customer and/or Guarantor/s.
16.3 The Customer consents to DRS being given a consumer credit report to collect overdue payment on commercial credit (Section 18K(1)(h) Privacy Act 1988).
16.4 The Customer agrees that personal credit information provided may be used and retained by DRS for the following purposes and for other purposes as shall be agreed between the Customer and DRS or required by law from time to time:
(a) provision of Goods; and/or
(b) marketing of Goods by DRS, its agents or distributors in relation to the Goods; and/or
(c) analysing, verifying and/or checking the Customer’s credit, payment and/or status in relation to provision of Goods; and/or
(d) processing of any payment instructions, direct debit facilities and/or credit facilities requested by Customer; and/or
(e) enabling the daily operation of Customer’s account and/or the collection of amounts outstanding in the Customer’s account in relation to the Goods.
16.5 DRS may give information about the Customer to a credit reporting agency for the following purposes:
(a) to obtain a consumer credit report about the Customer; and/or
(b) allow the credit reporting agency to create or maintain a credit information file containing information about the Customer.
17. Unpaid DRS’ Rights
17.1 Where the Customer has left any item with DRS for repair, modification, exchange or for DRS to perform any other Service in relation to the item and DRS has not received or been tendered the whole of the Price, or the payment has been dishonoured, DRS shall have:
(a) a lien on the item;
(b) the right to retain the item for the Price while DRS is in possession of the item;
(c) a right to sell the item.
17.2 The lien of DRS shall continue despite the commencement of proceedings, or judgment for the Price having been obtained.
18.1 If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
18.2 These terms and conditions and any contract to which they apply shall be governed by the laws of Northern Territory and are subject to the jurisdiction of the courts of Northern Territory.
18.3 DRS shall be under no liability whatsoever to the Customer for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the Customer arising out of a breach by DRS of these terms and conditions.
18.4 In the event of any breach of this contract by DRS the remedies of the Customer shall be limited to damages which under no circumstances shall exceed the Price of the Goods.
18.5 The Customer shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Customer by DRS nor to withhold payment of any invoice because part of that invoice is in dispute.
18.6 DRS may license or sub-contract all or any part of its rights and obligations without the Customer’s consent.
18.7 The Customer agrees that DRS may review these terms and conditions at any time. If, following any such review, there is to be any change to these terms and conditions, then that change will take effect from the date on which DRS notifies the Customer of such change.
18.8 Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the reasonable control of either party.
18.9 The failure by DRS to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect DRS’ right to subsequently enforce that provision.