Terms & Conditions

In these terms & conditions, “Customer” or “You” refers to the person or company to whom the Products and/or Services are sold or supplied;

“GST” means the Goods and Services Tax assessable under the GST Law;

“GST Law” means a New Tax System (Goods and Services Tax) Act 1999, a New Tax System (Goods and Services Tax Transition Act) 1999 and all associated legislation , subordinate legislation and administrative rulings; 

“Products” includes disposable food service items and packaging; and

The following are the terms on which Ai Foods will supply, and Customer must acquire Products.

Ordering 

  1. You may order the Products from Ai Foods from time to time by completing, executing and sending to Ai Foods a purchase order (“Order”). An Order can also be placed via telephone . In placing an Order, Customer agrees to be bound by these Terms of Supply and agrees that if there is any inconsistency between the Terms of Supply and an Order, the Terms of Supply will govern to the extent of any inconsistency. 
  2. Home / residential Deliveries – Ai Foods can only deliver to a private residence on the following terms: 
  • You explicitly give Ai Foods authority to leave the goods in the safest possible place which you must specify when ordering in case no-one is present at the time of delivery. If nothing is specified, then Ai Foods will authorise their Shipping Provider to leave it in the best possible place.

  • Ai Foods is not responsible for the safety of the Products and both Ai Foods and You accept the Shipping Providers confirmation as absolute confirmation that the goods have been delivered.

  • Should for any reason, the Shipping Provider not be able to leave it in a safe place and they take it back with them, you will be liable for a redelivery fee as charged by the Shipping Provider.

Payment 

  1. To purchase the Product through the Website, you will agree to the payment of the purchase price listed on the Website for the Product (the ‘Purchase Price’).
  2. Ai Foods may alter any prices of Products without prior notice to Customer.
  3. Ai Foods will invoice You for amounts due at the times specified in the Order, specifying how those amounts are calculated.
  4. You must pay each Ai Foods invoice in full in advance of delivery unless otherwise agreed to in writing.
  5. Ai Foods may charge You interest on any overdue amount, calculated daily from the due date until the date of payment, at the interest rate charged by the National Australia Bank to its prime commercial customers on the due date.
  6. You must reimburse Ai Foods for any expenses and charges incurred by Ai Foods in attempting to recover from You any overdue amounts, including without limitation, debt collection and legal fees.
  7. Cancellation charges 
  8. If Ai Foods becomes liable to pay a Supplier’s cancellation or rescheduling fee due to Customer cancelling an Order, then Ai Foods may recover those fees from the Customer.

Warranty 

  1. Ai Foods warrants that all Products supplied are fit for purpose.

Risk and title 

  1. Ownership of any products and packaging delivered remains vested in Ai Foods until payment of all amounts owing on account for any products supplied, whether past or present, has been paid in full. In the event that any amount is due, owing and payable Ai Foods shall be entitled to enter upon any premises where the products previously supplied by Ai Foods are located and remove from such premises and take possession of any such products at invoice value in satisfaction of any and all unpaid amounts which are due, owing and payable at that time by You to Ai Foods . There shall be no requirement whatsoever on the part of Ai Foods to identify any specific stock item to any unpaid invoice.

Indemnity 

  1. You indemnify Ai Foods, its employees, agents and subcontractors against all losses, damages, expenses and costs (on a full indemnity and solicitor and own client basis and whether incurred by or awarded against any of them) that any of them may sustain or incur as a result, whether directly or indirectly, of any Claim.
  2. For the purposes of these Terms of Supply, “Claim” means any claim by any third person for loss or damage to any property, injury to or death of any person or economic loss arising out of or relating to any or all of the Products, any delay or failure in supplying the Products and these Terms of Supply.

Determination of Contract 

  1. We shall be entitled to immediately determine this contract if: 
    • You are in breach of any of the conditions;

    • Execution is levied on Your property; and / or

    • You make any arrangement or composition with Your creditors or commit any act of bankruptcy or proceedings in bankruptcy are commenced against you or, if you are a company, any resolution or application to wind up is passed or presented against you or a receiver and manager or receiver or administrator is appointed.

  1. In these terms and conditions of sale “act of bankruptcy” shall be deemed to include entering into a composition and the execution of a Deed of Assignment or Deed of Arrangement.

General 

  1. In consideration of the provision of credit to You at Your request and at the request of the person or persons signing this application (herein together called “The Guarantor”), You and the Guarantor (and each of them jointly and severally) agree with the companies (and each of them) as follows: 
  • That the terms of payment provided to You by Ai Foods and notwithstanding any previous indulgence all monies are then due and payable on demand;
  • That You will pay on request interest at the interest rate charged by the National Australia Bank of Australia to its prime commercial customers on any overdue amount on the account; 
  • That You and the Guarantors will pay any debt collection expenses or legal costs incurred in respect of any default by it in paying the account; 

  • That Ai Foods may withdraw credit facilities at their discretion without prior notice;

  • That unless otherwise stated in this application, the Customer is not structured on a trusteeship involving discretionary, unit or family trusts;

  • That Ai Foods’s terms and conditions of sale apply to each order or invoice and all dealings between the parties and the applicant and the Guarantor hereby acknowledges receipt of the Ai Foods terms and conditions of sale; 

  • That each person who signs this application (regardless of whether it is proposed or intended that any other person should also sign this or any similar agreement or application) acknowledges signing as Guarantor and agrees as follows: 

    1. To guarantee the indebtedness and liabilities of the Customer with Ai Foods;

    2. To indemnify the companies and each of them from and against any liability or loss as a result of any default of the Customer in complying with its obligations hereunder, and without limiting the foregoing, its obligations regarding credit provided by Ai Foods and the terms and conditions of sale;

    3. To pay and be personally liable for the amount of the Customer’s debts including interest and costs to Ai Foods, in the event that the Customer is in default under this agreement and, without limiting the foregoing, the terms of credit provided by Ai Foods and the terms and conditions of sale and to allow Ai Foods to charge property both real and personal including the registration of a caveat in respect of real property upon default by the Customer; and

    4. To be so liable to Ai Foods on the signing of this agreement.

  1. The parties acknowledge that Ai Foods will supply Products as an independent contractor.

  2. These Terms of Supply contain the entire agreement between Ai Foods and You in relation to its subject matter and supersede all prior negotiations, agreements, understandings and commitments between Ai Foods and You in relation to that subject matter.

  3. These Terms of Supply shall be governed by and construed in accordance with the laws of Victoria and the parties hereto submit to the non-exclusive jurisdiction of the Courts of Victoria in respect of any dispute or matter arising out of or connected with these Terms of Supply.

  4. If a dispute arises concerning these Terms of Supply, then the dispute must first be referred for mediation in accordance with the Australian Commercial Disputes Centre Mediation Guidelines or, at the instance of Ai Foods, proceed by way of Court proceedings.

  5. Ai Foods may subcontract to any person the performance of any of its obligations under these Terms of Supply.

  6. Where this document forms part of a quotation: 

    • The quotation is not to be constructed as an offer or obligation by Ai Foods to sell and Ai Foods reserves the right at its option to accept or reject any orders received;

    • The quotation is, prior to receipt of acceptance, subject to alteration or withdrawal at any time by Ai Foods 

  7. Any quotation, email, facsimile, price list or document indicating a price and delivery term, is only valid for 24 hours unless specifically stated otherwise. All prices quoted herein are exclusive GST and any other Government imposts and charges, unless specifically stated otherwise.

  8. That each person who signs this application acknowledges and agrees that: 

    • They do so for and on behalf of the Customer;

    • They have the authority of the Customer to apply for credit in terms of this application on its behalf; and

  9. Without limiting the foregoing or being limited thereby this application includes and constitutes a guarantee and indemnity by them of the debts and liability of the Customer with Ai Foods.

NOTICE OF DISCLOSURE OF YOUR CREDIT INFORMATION TO A CREDIT REPORTING AGENCY

Under Section 18E (8) (c) of the Privacy Act, we are allowed to give a credit reporting agency personal information about your credit application. The information which may be given to an agency is covered by Section 18(E) (1) Privacy Act 1988.

Notice of disclosure of your credit information to a credit reporting agency (Privacy Act 1988) 

  1. Ai Foods may give information about You to a credit reporting agency to obtain a consumer credit report about You, and/or to allow the credit reporting agency to create or maintain a credit information file containing information about You.

  2. The information is limited to: 

    • Identity particulars – name, (including former names);

    • Address (maximum of three addresses consisting of a current or last know n address and two immediately previous addresses;

    • DOB, sex and drivers license number;

    • Application for credit or commercial credit – that fact that You have applied for credit and the amount;

    • The fact that Ai Foods is a current credit provider to You;

    • Payment which becomes overdue more than 60 days and for which collection action has commenced;

    • Advice that payments are no longer overdue;

    • Information that, in the opinion of Ai Foods, You have committed a serious credit infringement (i.e. fraudulently or shown an intention not to comply with your credit obligations.);

    • Dishonoured cheques – cheques drawn by You for $100 or more which have been dishonoured more than once;

    • That credit provided to You by Ai Foods has been paid or otherwise discharge;

  3. Period to which this understanding applies – This information may be given before, during or after the provision of credit to me/us.

  4. Giving information to a Credit Reporting Agency (Section 18E (8) Privacy Act 1988) – Ai Foods has informed You that it may give certain personal information about You to a credit reporting agency. 

  5. Access to Commercial Credit Information (Section 18L (4) Privacy Act 1988) – You agree that Ai Foods may obtain information about You from a business which provides information about the commercial credit worthiness of persons for the purpose of assessing Your application for credit.

  6. Access to Consumer Credit Information (Section 18K (1) (b), Privacy Act 1988) – You agree that Ai Foods may obtain a credit report containing information about You from a credit reporting agency for the purpose of assessing Your application for commercial credit.

  7. Exchange of Credit Worthiness Information (section 18N, Privacy Act 1988) – You agree that Ai Foods may exchange information with those credit providers named in a consumer credit report issued by a credit reporting agency for the following purposes; 

    • To assess an application by You for credit;

    • To notify other credit providers of a default by You;

    • To exchange information with other credit providers as to the status of this agreement where You are in default with other credit providers; and

    • To assess Your credit worthiness.

  8. You understand that the information exchanged include anything about Your credit worthiness, credit standing, credit history or credit capacity that providers are allowed to exchange under the Privacy Act.

Indemnity

By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website.

Governing Law:

The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

Venue and Jurisdiction:

The Purchase Services offered by Ai Foods is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia.

Limitation of Liability

To the full extent permitted by law, our liability for breach of an implied warranty or condition will not be greater than the amount you paid to access our website.

Cancellation

Once orders are processed we fulfill them straight away so orders cannot be cancelled.

Errors and Omissions

We endeavor to maintain the accuracy of product images, product descriptions, stock availability and prices. We do, however, reserve the right to cancel an order and/or reverse a payment if an order has been placed based on erroneous information.

Pricing

All prices are in Australia dollars (AUD) & charged in AUD and are subject to change without notice.