Terms and Conditions of Trade

TERM AND CONDITIONS OF TRADE 

1.    DEFINITIONS

1.1     “Bakers Magnum Ltd” shall also mean Bakers Harvest, Pye’s Pies or Arties Bread, or any agents or employees thereof.
1.2     “Customer” shall mean the Customer, any person acting on behalf of and with the authority of the Customer, or any person purchasing products and services from Bakers Magnum Ltd.
1.3     “Products” shall mean:
1.3.1     all Products of the general description specified on the front of this agreement and supplied by Bakers MagnumLtd  to the Customer; and
1.3.2     all Products supplied by Bakers Magnumt Ltd to the Customer; and
1.3.3     all inventory of the Customer that is supplied by Bakers Magnum Ltd and
1.3.4     all Products supplied by Bakers Magnumt Ltd and further identified in any invoice issued by Bakers Magnum Ltd  to the Customer, which invoices are deemed to be incorporated into and form part of this agreement; and
1.3.5     all Products that are marked as having been supplied by Bakers Magnum Ltd or that are stored by the Customer in a manner that enables them to be identified as having been supplied by Bakers MagnumLtd and
1.3.6     all of the Customer’s present and after-acquiredProducts that Bakers Magnum Ltd has performed work on or to or in which goods or materials supplied or financed by Bakers Magnum Ltd have been attached or incorporated.
1.3.7     The above descriptions may overlap but each is independent of and does not limit the others.
1.4     “Products” shall also mean all products, goods,  services and advice provided by Bakers Magnum Ltd to the Customer and shall include without limitation the supply and distribution of bakery products and all charges for labour, hire charges, insurance charges, or any fee or charge associated with the supply of Products by Bakers Magnum Ltd to the Customer.

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.    ACCEPTANCE

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.    PRICE

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.    PAYMENT

5.1     Payment for Products shall be made in full on or before the 7th day following the date of the statement (“the due date”).
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
6.1     There are several ways of placing an order:
6.1.1     You have a standing order;
6.1.2     We phone you before 2.30pm;
6.1.3     You phone us before 2.30pm;
6.1.4     You fax us before 2.30pm;
6.1.5     Order pads are available for your convenience.
6.2     There is a $30.00 + GST minimum per delivery.
6.3     Cancellations of standing orders must be advised before 11.00am.

6.4     It is appreciated when you have your order ready before we phone.

7.    DELIVERIES

7.1     Deliveries are nightly and a suitable secure drop off area must be available.
7.2     All of our delivery vehicles are refrigerated to meet Food Safety regulstaitons and as such we recommend that all orders be put under refrigeration at drop off time. It is your responsibility to provide chiller space.
7.3     No responsibility will be taken for orders that are left in a non secure area.

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.

8.    BOXES

8.1     Empty boxes must be left out on a daily basis in a dry and easily accessible place. Please ensure that the Bakers Magnum Ltd bottom and lid are matched, lining paper removed and that the complete box is returned.
8.2     An $8.00 charge per box will be made if not returned.
8.3     Do not leave product in the boxes as this only encourages pests.
8.4     Our boxes are not to be used for any other purposes or for any other product other than Bakers Magnum Ltd.

9.    
TITLE AND SECURITY (PERSONAL PROPERTY SECURITIES ACT 1999)
9.1     Title in any Products supplied by Bakers Magnum Ltd passes to the Customer only when the Customer has made payment in full for all Products provided byBakers Magnum Ltd and of all other sums due to Bakers Magnum Ltd by the Customer on any account whatsoever. Until all sums due to Bakers Magnum Ltd by theCustomer have been paid in full, Bakers Magnum Ltd has a security interest in all Products.
9.2     If the Products are attached, fixed, or incorporated into any property of the Customer, by way of any manufacturing or assembly process by the Customer or any third party, title in the Products shall remain with Bakers Magnum Ltd until the Customer has made payment for all Products, and where those Products are mixed with other property so as to be part of or a constituent of any new Products, title to these new Products shall deemed to be assigned to Bakers Magnum Ltdas security for the full satisfaction by the Customer of the full amount owing between Bakers Magnum Ltd and Customer.
9.3     The Customer gives irrevocable authority to Bakers Magnum Ltd to enter any premises occupied by the Customer or on which Products are situated at any reasonable time after default by the Customer or before default if Bakers Magnum Ltd believes a default is likely and to remove and repossess any Products and any other property to which Products are attached or in which Products are incorporated. Bakers Magnum LtdBakers Magnum Ltd shall not be liable for any costs, damages, expenses or losses incurred by the Customer or any third party as a result of this action, nor liable in contract or in tort or otherwise in any way whatsoever unless by statute such liability cannot be excluded. Bakers Magnum Ltd may either resell any repossessed Products and credit the Customer’s account with the net proceeds of sale (after deduction of all repossession, storage, selling and other costs) or may retain any repossessed Products and credit theCustomer’s account with the invoice value thereof less such sum as Bakers Magnum Ltd reasonably determines on account of wear and tear, depreciation, obsolescence, loss or profit and costs.
9.4     Where Products are retained by Bakers Magnum Ltd pursuant to clause 9.3 the Customer waives the right to receive notice under s.120 of the Personal Property Securities Act 1999 (“PPSA”) and to object under s.121 of the PPSA.
9.5     The following shall constitute defaults by the Customer:
9.5.1     Non payment of any sum by the due date.
9.5.2     The Customer intimates that it will not pay any sum by the due date.
9.5.3     Any Products are seized by any other creditor of the Customer or any other creditor intimates that it intends to seize Products.
9.5.4     Any Products in the possession of the Customer are materially damaged while any sum due from the Customer to Bakers Magnum Ltd remains unpaid.
9.5.5     The Customer is bankrupted or put into liquidation or a receiver is appointed to any of the Customer’s assets or a landlord distrains against any of theCustomer’s assets.
9.5.6     A Court judgment is entered against the Customer and remains unsatisfied for seven (7) days.

9.5.7     Any material adverse change in the financial position of the Customer.

10. PAYMENT ALLOCATION

10.1   Bakers Magnum Ltd may in its discretion allocate any payment received from the Customer towards any invoice that Bakers Magnum Ltd determines and may do so at the time of receipt or at any time afterwards and on default by the Customer may reallocate any payments previously received and allocated. In the absence of any payment allocation by Bakers Magnum Ltd, payment shall be deemed to be allocated in such manner as preserves the maximum value of Bakers Magnum Ltd’ purchase money security interest in the Products.
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 

11.1   No claim relating to the Products will be considered unless made within seven (7) days of delivery.

12. 
LIABILITY
 

12.1   The Consumer Guarantees Act 1993, the Fair Trading Act 1986 and other statutes may imply warranties or conditions or impose obligations upon Bakers Magnum Ltd which cannot by law (or which can only to a limited extent by law) be excluded or modified. In respect of any such implied warranties, conditions or terms imposed on Bakers Magnum Ltd,  Bakers Magnum Ltd liability shall, where it is allowed, be excluded or if not able to be excluded only apply to the minimum extent required by the relevant statute.
12.2   Except as otherwise provided by clause 12.1 Bakers Magnum Ltd shall not be liable for:
12.2.1 Any loss or damage of any kind whatsoever, arising from the supply of Products by Bakers Magnum Ltd to the Customer including consequential loss whether suffered or incurred by the Customer or another person and whether in contract or tort (including negligence) or otherwise and irrespective of whether such loss or damage arises directly or indirectly from Products provided by Bakers Magnum Ltd to the Customer; and

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. WARRANTY

 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. MISCELLANEOUS

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.