Terms & Conditions
Elan Catering Equipment Group Pty Ltd ("We", "Us" or "Elan Catering Equipment") owns and operates the elancateringequipment.com.au website (our "Site"), where we provide new catering equipment for sale, used catering equipment classifieds and interactive blog for hospitality professionals to discuss industry news, opinions and issues (Our Site and such services, collectively. our "Service"). Your use of our Service is subject to the following Terms and Conditions (these "Terms"). The terms "you", "your" and "yourself" each means the person who accesses and uses the Service whether or not such person is a subscriber.
By accessing the Service, you accept these Terms and agree to the terms, conditions and notices contained or referenced herein whether or not you become a subscriber. If you do NOT agree with these Terms, please do NOT use or access the Service.
Order & Shipping Information:
The Terms of Sale govern all orders placed by the purchaser and apply to and form part of any contract for the supply of Goods and/or Services by Elan Catering Equipment to the purchaser
Terms of Sale:
The Terms of Sale as listed herein applies to the purchaser and to Elan Catering Equipment in respect of Goods and/or Services ordered by the purchaser and supplied by Elan Catering Equipment. Any terms and conditions set out in the purchaser’s order deviating from or inconsistent with these Terms of Sale will not bind Elan Catering Equipment notwithstanding any statement by the purchaser in its order that its terms and conditions shall prevail over these Terms of Sale. No variation or modification or substitution of these Terms of Sale shall be binding on Elan Catering Equipment unless specifically accepted by Elan Catering Equipment in writing.
Quotations, Pricing, and Orders:
The online pricing shall be deemed correct and valid and shall apply at the time of placing an official order. Any quotation pricing is only valid for 14 days from the date of issue. Elan Catering Equipment cannot guarantee quoted pricing beyond 14 days. When proceeding with quotations, written confirmation or a purchase order must be sent to Elan Catering Equipment. Purchasing online is deemed a written confirmation or a purchase order. Prices given in any quotation are applicable to that quotation only and will not apply in any other instance. Orders must be placed in writing by the purchaser and must be accompanied by all necessary information as required for invoicing and delivery purposes or as requested by Elan Catering Equipment. Unless expressly included, all prices given in any quotation, price list or any invoice and the consideration for any supply under or in connection with the Terms of Sale, are in Australian Dollar and exclude Goods and Services Tax (GST).
All deliveries arranged by Elan Catering Equipment on purchaser’s behalf are to kerbside or street level only, unless otherwise arranged with Elan Catering Equipment prior to shipment. Upon placing its order, the purchaser shall provide its nominated delivery point, requested delivery date, and any access or delivery information to Elan Catering Equipment. Should there be any stairs, obstructions, or any other access issues preventing a smooth delivery, the freight carrier may reserve the right to refuse delivery. Should this be the case and futile or further charges occur, the purchaser shall be liable to pay all extra charges. Elan Catering Equipment is not liable for any claims for non fulfillment or late delivery of Goods or for any loss or damage (including consequential loss or damage) suffered by the purchaser arising form delay in delivery or a failure to deliver. The purchaser shall accept and pay for the Goods notwithstanding late delivery. Unless otherwise agreed by the purchaser and Elan Catering Equipment, Elan Catering Equipment shall be entitled to deliver the Goods in one or more lots. Notwithstanding the purchaser’s inability to accept delivery of the Goods, Elan Catering Equipment shall be deemed to have delivered the Goods in accordance with these Terms of Sale. All claims by the purchaser in relation to delivered quantities or loss or damage to the Goods must be made within 7 days of delivery of the Goods, time being of the essence. Any claims made outside this time frame will not be recognised by Elan Catering Equipment. Freight insurance is not included in the purchase price or the delivery charge. If insurance is required purchaser shall notify Elan Catering Equipment immediately as a quotation needs to be arranged prior to shipping. All supplied delivery dates are approximates only. Elan Catering Equipment can not guarantee exact delivery dates or times as these are subject to unforeseen freight issues that may arise prior to delivery including but not limited to the number of deliveries on the day, traffic conditions, etc. Elan Catering Equipment shall not be liable for any delays caused by third parties or any potential losses arising from late deliveries.
Elan Catering Equipment shall confirm stock availability, lead time and delivery date with the purchaser within 48 hours from receiving the purchaser’s sales order. Lead times can vary from 1-2 days for common stocked items and up until 6-8 weeks for specially manufactured or imported items.
All Goods & Services will be supplied on prepaid basis unless otherwise agreed with customer. The purchaser may not withhold payment or make any deductions from any amount owing. Payments can be made by direct deposit, net-banking, cheque or credit card. Credit card payments will attract a surcharge. Goods will not be shipped unless full payment is received in cleared funds. This applies also to any freight charges relating to the order. Goods will remain the property of Elan Catering Equipment until full payment is received and all deposited funds have been cleared. A 50% deposit is required for special orders if goods are specially ordered or manufactured and the balance will be payable prior to delivery. Elan Catering Equipment reserves the right to collect any outstanding balance owing from the customer or take legal action for any outstanding amount owing not paid within agreed terms. Should debt collection or legal action take place, any administration or legal costs associated with the collection will be passed on to and recovered from the customer.
Elan Catering Equipment must be informed in writing immediately of any damages or faults in any shape or form upon receipt of goods. Failure to do so immediately may result in manufacturer or supplier rejecting the claim. All claims must be substantiated with proof. It may be necessary to forward digital photographs via email in order to assess damage to goods. Purchaser’s particulars including contact name, address, phone and fax numbers, Elan Catering Equipment invoice number and details of the damage or fault are required for follow up with manufacturers, suppliers and freight companies. Any delivery dockets or consignment notes must be kept and also submitted to Elan Catering Equipment for claims against transport companies.
Orders may be cancelled under the following conditions:
If the goods ordered are not stock or indent items or require manufacturing, the cancellation must be received by Elan Catering Equipment in writing before manufacturing of the goods has commenced. Failure to do so, the purchaser shall accept delivery of the goods ordered and pay Elan Catering Equipment in full. Should the purchaser refuse to accept the goods ordered; any deposits or funds paid towards the order will be forfeited by the purchaser.
- If the goods ordered have been reserved and warehoused for the customer, the purchaser shall pay Elan Catering Equipment in full and accept
delivery of the goods ordered at earliest possible date. Should the purchaser cancel the order; any deposits or funds paid towards the
order will be forfeited by the purchaser and Elan Catering Equipment reserves the right to charge a warehousing fee at applicable rate
from the date goods arrived in warehouse to cancellation date in addition to forfeited deposits.
If the goods ordered are stock items cancellation must be received in writing 3 working days prior to shipping. Cancellation will not be accepted on the shipment day or when already collected by the carrier. Failure to give sufficient notice, the purchaser shall accept delivery of the goods ordered. A cancellation fee shall apply being a minimum of 20% of the purchase price for any goods ordered.
Return of Goods:
The purchaser shall inspect the Goods immediately upon delivery and if the Goods are damaged or not otherwise in conformity with the contract relating to their supply shall give written notice to Elan Catering Equipment of the details in respect thereof within 7 days of the delivery date. Any Goods the subject of a notice shall be left in the state and condition in which they were delivered until such time as the manufacturer or its duly authorised agent has inspected the Goods, such inspection to be carried out within a reasonable time after notification by the purchaser. If the Goods are not so left in the state and condition in which they were delivered, the purchaser shall be deemed to have accepted the Goods. Upon receipt of a notice, if a return has been authorised by the manufacturer or the importer, Elan Catering Equipment will advise a return authorisation number together with the return address and the acceptable mode of transport. Any returned Goods to the manufacturer or its agent will be at the purchaser’s risk as to loss or damage. In relation to returned Goods to the manufacturer or its agent, the purchaser undertakes to follow manufacturer’s or its agent’s instructions, prepay the freight and clearly mark the freight with the return authorisation number as advised by Elan Catering Equipment. Non compliant deliveries will not be accepted by the manufacturer or its agent. Valid claims for incorrectly sent Goods will be credited in full. Elan Catering Equipment reserves the right to charge for any cost incurred in such execution. Acceptance of the Goods shall be deemed for all purposes to have taken place when delivery has occurred. In the case of a non-standard manufacture, where orders have been correctly executed, no returns will be accepted. Any credit for returned goods must be approved by and arranged with Elan Catering Equipment prior to returning the goods. If and when a credit has been granted for a returned item, the credit will apply to the invoiced value of the item only and any freight charges relating to the delivery and return of the goods become futile and forfeited by the customer. When a return has been approved, it shall be purchaser’s expense to return the goods to the nominated address as instructed by Elan Catering Equipment. Goods can not be returned due to change of mind and will not be refunded as such. All returned goods are subject to a 30% restocking fee, and will only be accepted if returned in original unused condition with packaging material intact, warranty cards and instruction manuals. Goods used in any way shall not be accepted for return and no credit will be issued.
The Goods supplied by Elan Catering Equipment to the purchaser are covered by manufacturer's (or its agent's) standard warranty as listed on the website. The warranty guarantees the goods against defective workmanship and materials for a period of 12 months unless otherwise stated. Warranty service can only be effected between 9:00am and 5:00pm Monday to Fridays. Please note that not all warranties are onsite. Smaller items may be covered by a back-to-base warranty. Please read carefully before purchasing. Should you require any assistance, please do not hesitate to contact Elan Catering Equipment before purchasing. Elan Catering Equipment shall not be liable in respect of any claims for parts damaged in transport, misused by the purchaser or its authorised parties or modified in any way without the written approval of the manufacturer or its agent. The warranty does NOT extend to cover any loss of stock, loss of profits, damage to other equipment, loss of trading space or having to re-arrange other equipment or shop furniture due to equipment breakdown or malfunction. The purchaser shall arrange own insurance for loss of stock. Warranty may be voided at manufacturer or its agent's discretion if it's found that correct installation instructions are not followed, or that goods are tampered with, altered or modified in any way, or if regular servicing or cleaning instructions are not followed, or if goods are used for other purposes than what the manufacturer intended, or if repaired by an unauthorised or untrained repairer, with unoriginal spare parts or without prior written approval from the manufacturer. The purchaser shall be responsible for any repair costs to the goods if and when the warranty becomes void or expired. Any request to Elan Catering Equipment for Warranty/Service Claim shall be in writing, providing full details.
Any disputes between the parties arising from the performance of the provisions of these Terms of Sale must be settled through friendly consultation by the parties. All disputes arising in respect of these Terms of Sale which are not resolved within 30 days of first arising will be finally settled under the Rules of Conciliation and Arbitration of the International Chamber of Commerce by a single arbitrator appointed in accordance with the said Rules. The place of arbitration will be Sydney New South Wales. The procedural law applicable to the arbitration will be that of New South Wales. The decision of the arbitration is final and binding upon both parties. During the period in which the dispute is being resolved, the parties must continue to perform all of the provisions of these Terms of Sale which are not under dispute and which are able to be performed by the parties.
Purchaser’s Warranty and Indemnity:
The purchaser acknowledges and warrants to Elan Catering Equipment that as at the date of entry into a contract to purchase the Goods, the purchaser is not insolvent nor has committed any act of bankruptcy, or being a company knows of no circumstances which would entitle a debenture holder or unsecured creditor to appoint a receiver, to petition for winding up of the purchaser or exercise any other rights over or against the purchaser’s assets. The purchaser also acknowledges and warrants to Elan Catering Equipment that the purchaser is not acting fraudulently or illegally to obtain goods and/or services from Elan Catering Equipment. Without prejudice to any other rights Elan Catering Equipment may have against the purchaser, the purchaser shall indemnify Elan Catering Equipment for and save it harmless from any loss, damage or expense incurred by the purchaser as a result of the purchaser canceling any order (or part thereof) for the Goods; a bank, financial institution or credit agency trying to reverse the contract or to repossess and recuperate the funds; or breaching these Terms of Sale.
Acceptance of Sale:
Placement of an official order with Elan Catering Equipment implies that the purchaser has read, understood and agrees to all terms and conditions of sale as listed above. For further queries, please contact Elan Catering Equipment before placing your order.
All shipments are made on the following basis:
- All pricing quoted on our website excludes GST, delivery fees and charges. As we have a huge product range and ship products to all Australian states and territories, it is impossible to know what the delivery charge will be without knowing your order and your delivery particulars. Elan Catering Equipment will confirm delivery charges once your order is received.
- You are entitled to arrange your own pick up with the freight carrier of your choice. Please advise Elan Catering Equipment immediately if you wish to do so. Failure to do so immediately will result in goods being shipped with our carrier and the fee recharged to you.
- Freight insurance is not included in the delivery charge. If insurance is required by the purchaser, it must be arranged by the purchaser either directly with the carrier or their insurance agent.
- All deliveries will be to curbside (or loading dock) of delivery Address provided to Elan Catering Equipment. The purchaser acknowledges that it is their responsibility to provide labour and equipment to unload and position the goods on site at purchaser’s expense.
- Delivery charge does not include unpacking, placement or positioning of equipment or connection to services or removal of rubbish and packing crates. This is purchaser's responsibility. Elan Catering Equipment can arrange unpacking, placement or positioning of equipment or removal of rubbish and packing crates in some areas at an additional charge. Please make arrangements for this service when placing your order.
Elan Catering Equipment shall not be liable for non-fulfillment or late delivery should actual delivery of the Goods or any parts be delayed in consequence of any unforeseen events.
In your use of our Service, you agree to act responsibly in a manner demonstrating the exercise of good judgment. For example and without limitation, you agree not to: (a) violate any applicable law or regulation, (b) infringe the rights of any third party, including without limitation, intellectual property, privacy, publicity or contractual rights, (c) use the information available through our Service for any unauthorized or unlawful purpose, (d) interfere with or damage our Service, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology, including methods that in any way reproduces or circumvents the navigational structure or presentation of the Service or its contents, (e) use our Service to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others, personal contact information or credit, debit, calling card or account numbers, (f) use our Service in connection with the distribution of unsolicited commercial email ("Spam ") or advertisements, (g) "stalk " or harass any other user of our Service, (h) collect or store any information about any other user other than in the course of the permitted use of our Service, (i) use our Service for any commercial purpose whatsoever, (j) impersonate any person or entity, (k) remove any copyright, trademark or other proprietary right notices contained in the Service, (l) modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or our Site or any software used on or for the Service, or (m) assist any third party in doing any of the foregoing.
Username & Password:
You will select a username and password when completing the registration process. Elan Catering Equipment may refuse to grant you a Username/Nickname that impersonates someone else, is protected by trademark or proprietary law, or is vulgar or otherwise offensive, as determined by us in our sole discretion. You are solely and fully responsible for maintaining the confidentiality of your username and password, and are solely and fully responsible for all activities that occur under your username and password. You agree to: (a) immediately notify us of any unauthorised use of your username and password or any other breach of security and (b) ensure that you log off from your account at the end of each session. Elan Catering Equipment will not be liable for any loss or damage arising from your failure to comply with this directive.
Advice & Replies:
Our Service includes or offers messages, articles or videos from third parties and other users who may express opinions, expertise, personal experiences or observations or respond to questions posted in our Service. Any oral or written statements made by third parties or other users provided in our Service are not intended, and should not be taken, as specific professional advice in any particular circumstance. Elan Catering Equipment does not warrant validity of such statements or claims in any shape or form and will not be held responsible for any loss, injury or damages resulting as a consequence.
Whilst Elan Catering Equipment takes care to ensure that the Material on our web site is correct, current and free from errors, Elan Catering Equipment does not accept any liability and does not warrant the accuracy or completeness of or the representations made by the Material on elancateringequipment.com.au or any web site that links from elancateringequipment.com.au or any information received as a result of using elancateringequipment.com.au. The services and Material made available on elancateringequipment.com.au are provided as general information only. Elan Catering Equipment does not warrant that the services and Material are professional, expert or other advice and are not a substitute for such advice; may not be appropriate, correct or sufficient for your circumstances; shall not be relied on as the reason for doing anything; and may not be continually accessible or free from errors or viruses. Should Elan Catering Equipment suffer any loss or damage or incur any cost in connection with a breach by you of these terms and conditions you agree to indemnify Elan Catering Equipment for all such loss and damage.
elancateringequipment.com.au, its suppliers and/or third parties may provide, links to other web sites or resources. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, goods or services available on or through any such site or resource.
You do not have the right to assign this Agreement or any of your rights to the Service to anyone. Elan Catering Equipment has the right to assign any or all of its rights and obligations under this Agreement or to the Service to any third party. Provided such rights and obligations are assumed by such third party, Elan Catering Equipment shall be relieved of any and all liability under this Agreement.
Any fraudulent activity including but not limited to illegally obtaining goods and services from Elan Catering Equipment, identity theft, monetary theft or any other kind of fraudulent conduct will be reported to Police and any other relevant authorities for full investigation. Elan Catering Equipment reserves the right to cooperate with any such investigations relating to fraudulent matters and make all relevant information available to the investigating authorities.
These Terms and conditions shall be governed by and construed in accordance with the laws in force in the state of New South Wales, Australia and the parties shall irrevocably submit to the exclusive jurisdiction of the courts in New South Wales, Australia.
To read how Elan Catering Equipment collects, uses and discloses your personal information, please click here.
Elan Catering Equipment can be contacted in writing as follows:
Mailing address: PO Box 795, Baulkham Hills NSW 1755, Australia
Email: Contact Form
Last updated on: 28 / 4 / 2016