TERM AND CONDITIONS OF TRADE
1.5 “Price” shall mean the cost of the Products as agreed between Bakers Magnum Ltd and the Customer and includes all disbursements eg charges Bakers Magnum Ltd pay to others on the Customer’s behalf subject to clause 4 of this contract.
2.1 Any instructions received by Bakers Magnum Ltd from the Customer for the supply of Products shall constitute a binding contract and acceptance of the terms and conditions contained herein.
3. COLLECTION AND USE OF INFORMATION
3.1 The Customer authorises Bakers Magnum Ltd to collect, retain and use any information about the Customer, for the purpose of assessing the Customer’s credit worthiness, enforcing any rights under this contract, or marketing any Products provided by Bakers Magnum Ltd to any other party.
3.2 The Customer authorises Bakers Magnum Ltd to disclose any information obtained to any person for the purposes set out in clause 3.1.
3.3 Where the Customer is a natural person the authorities under clauses 3.1 and 3.2 are authorities or consents for the purposes of the Privacy Act 1993.
4.1 Where no price is stated in writing or agreed to orally the Products shall be deemed to be sold at the current amount as such Products are sold by Bakers Magnum Ltd at the time of the contract.
4.2 The price may be increased by the amount of any reasonable increase in the cost of supply of the Products that is beyond the control of Bakers Magnum Ltdbetween the date of the contract and delivery of the Products.
5.2 All accounts are payable weekly and must be kept current. Payment is expected before Thursday noon so that it will appear on the Customer’s following statement.
5.3 Our price lists do not include GST. The GST content will be shown on weekly statements.
5.4 Credits can only be given if advice is received within 24 hours of delivery.
5.5 Credits are usually shown in the sundry column as negative figures. If you require a credit note you must request a credit note.
5.6 Cheques may be left out for our drivers to pick up, however they must be left in an obvious place not outside the box. No cash to be left.
5.7 Electronic account payment (telephone banking, internet banking etc) is available. Please ask for details.
5.8 Interest may be charged on any amount owing after the due date at the rate of 2.5% per month or part month.
5.9 Any expenses, disbursements and legal costs incurred by Bakers Magnum Ltd in the enforcement of any rights contained in this contract shall be paid by theCustomer, including any solicitor’s fees or debt collection agency fees.
5.10 Please note that, any overdue amount would be affecting your national credit rating.You also authorise us to pass personal information about you to a credit reporting agent in the event that you default on your payment obiligations.
6. PLACING AN ORDER
6.4 It is appreciated when you have your order ready before we phone.
7.4 We have a driver available each morning to look after any problems. The office must be contacted before 7.30am so that we can meet all needs. We will endeavour to meet all deadlines but traffic congestion must be taken into account.
9. TITLE AND SECURITY (PERSONAL PROPERTY SECURITIES ACT 1999)
9.5.7 Any material adverse change in the financial position of the Customer.
10. PAYMENT ALLOCATION
10.2 Payment page is fully host by Paystation, customer credit card numbers will not be collected and store by this website.
11. DISPUTES AND RETURN OF PRODUCTS
12.2.2 The Customer shall indemnify Bakers Magnum Ltd against all claims and loss of any kind whatsoever however caused or arising and without limiting the generality of the foregoing of this clause whether caused or arising as a result of the negligence of Bakers Magnum Ltd or otherwise, brought by any person in connection with any matter, act, omission, or error by Bakers Magnum Ltd its agents or employees in connection with the Products.
13.1 Manufacturer’s warranty applies where applicable.
13.2 Any written warranty that Bakers Magnum Ltd provide to the Customer will also form part of these terms and conditions of trade.
13.3 No representation, condition, warranty or premise expressed or implied by law or otherwise applies to the Products except where goods are supplied or services provided pursuant to the Consumer Guarantees Act 1993 or except where expressly stated in this contract.
13.4 Bakers Magnum Ltd does not provide any warranty that the Products are fit and suitable for the purpose for which they are required by the Customer and shall not be liable if they are not.
14. CONSUMER GUARANTEES ACT
14.1 The guarantees contained in the Consumer Guarantees Act 1993 are excluded where the Customer acquires Products from Bakers Magnum Ltd for the purposes of a business in terms of section 2 and 43 of that Act.
15. PERSONAL GUARANTEE OF COMPANY DIRECTORS OR TRUSTEES
15.1 If the Customer is a company or trust, the director(s) or trustee(s) signing this contract, in consideration for Bakers Magnum Ltd agreeing to supply Products and grant credit to the Customer at their request, also sign this contract in their personal capacity and jointly and severally personally undertake as principal debtors to Bakers Magnum Ltd the payment of any and all monies now or hereafter owed by the Customer to Bakers Magnum Ltd and indemnify Bakers Magnum Ltd against non-payment by the Customer. Any personal liability of a signatory hereto shall not exclude the Customer in any way whatsoever from the liabilities and obligations contained in this contract. The signatories and Customer shall be jointly and severally liable under the terms and conditions of this contract and for payment of all sums due hereunder.
16. CARE OF PIES
16.1 Pies and all savoury products must be stored under refrigeration at 4ºC. to prolong life.
16.2 Fresh pies can be held under refrigeration for up to 4 days.
16.3 Pies should be heated before putting them in the pie warmer. Bakers Magnum Ltd recommend oven heating but microwaving is acceptable.
16.4 The pie filling should reach a temperature of 75ºC then held in the pie warmer at temperatures no less than 65ºC.
16.5 Once heated they cannot be reheated. Bakers Magnum Ltd recommend no longer than 3 hours in the pie warmer with a water tray to prevent the product from drying out.
16.6 Pies can be frozen for up to 3 months in a sealed container.
16.7 To heat from frozen they can be defrosted overnight under refrigeration or defrosted in the microwave then heated in the normal manner.
16.8 Please do not store Products out of refrigerator.
17.1 Bakers Magnum Ltd shall not be liable for delay or failure to perform its obligations if the cause of the delay or failure is beyond its control.
17.2 Failure by Bakers Magnum Ltd to enforce any of the terms and conditions contained in this contract shall not be deemed to be a waiver of any of the rights or obligations Bakers Magnum Ltd has under this contract.
17.3 If any provision of this contract shall be invalid, void or illegal or unenforceable the validity existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.