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THE PASTRY LOUNGE PTY LTD — TERMS AND CONDITIONS OF SALE

  1. Application. These terms govern all supply by The Pastry Lounge Pty Ltd (ABN 89 111 388 599) ("we", "us") to the customer ("you", "your"). The customer's own terms are expressly excluded, even if drawn up after these terms. Any variation must be agreed by us in writing in advance.
  2. Orders. An order is binding only when accepted by us. Given the perishable nature of the goods, accepted orders may not be cancelled or varied without our written consent, and you remain liable for goods already manufactured.
  3. Payment. Unless otherwise agreed in writing, invoices are payable based on the payment terms agreed and stipulated on your invoice. If payment is not received by the due date, we may charge interest at 1.5% per month (compounding) on overdue amounts and suspend further supply without notice. If an amount remains unpaid more than 60 days after its due date, we may engage a debt recovery agent and you will pay all reasonable recovery and legal costs.
  4. Prices and GST. Prices are as set out in our current price list and are exclusive of GST unless stated otherwise. We may vary prices on 30 days' written notice; the variation does not affect orders already accepted.
  5. Title and risk. Risk in the goods passes on delivery. Title is retained by us until you have paid in full all amounts owing to us on any account. These terms create a security interest under the Personal Property Securities Act 2009 (Cth), which we may register on the PPSR.
  6. Delivery and claims. We will use reasonable endeavours to deliver on agreed dates but are not liable for delays. Goods are perishable: claims for short, damaged or non-conforming delivery must be made in writing (with photos) within 24 hours of delivery, or they will not be accepted. No goods may be returned without our prior written authorisation.
  7. Liability. Nothing in these terms excludes any non-excludable right or remedy under the Australian Consumer Law. To the extent permitted by law, our liability for goods supplied is limited (at our option) to replacement, repair, or refund of the price paid, and we are not liable for any indirect or consequential loss including loss of profit, revenue or goodwill.
  8. Governing law. These terms are governed by the laws of Victoria, Australia, and the parties submit to the exclusive jurisdiction of the Victorian courts.