TERMS OF USE FOR CHERRY2BEANS

DEFINITIONS

  1. In this document, "agreement" pertains to any contract for the provision of goods and/or services by Cherry2beans to the customer.

  2. "C2B" or “Cherry2beans” refers to Cherry2beans Limited, the term “customer” denotes any individual, company, or entity availing goods or services from Cherry2beans. “Goods” signifies products procured from Cherry2beans by the customer. “GST” stands for the goods and services tax in accordance with the New Tax System (Goods & Services Tax) Act 1999 and its subsequent amendments. "Terms" designates these Conditions of Sale.

  3. The customer intends to purchase goods and services from Cherry2beans.

  4. Cherry2beans agrees to provide and/or sell the goods and services to the customer.

BASIS OF AGREEMENT

  1. Any modifications or cancellations to these terms are only binding when confirmed in writing by Cherry2beans. The customer acknowledges that no representative of Cherry2beans is authorized to offer any guarantees or promises regarding goods sold under this agreement, beyond what is stated in these terms or provided in writing by Cherry2beans.

  2. Quotations provided by Cherry2beans are: i. Valid for 30 days; ii. Considered an invitation for transaction; iii. Subject to the customer's agreement in line with these terms. Such agreement is recognized by Cherry2beans upon written or electronic confirmation or delivery of goods.

  3. Cherry2beans reserves the right to accept or decline any offer. They may also revise these terms, with such changes applicable to offers post the revision date.

  4. Prices quoted for goods, whether in writing or verbally, include GST and other relevant taxes and duties unless otherwise mentioned.

PAYMENT

  1. Unless otherwise agreed, full payment for goods and services is required before delivery. Payments via cheques are considered complete only after clearance.

  2. Payment terms can be amended or revoked at Cherry2beans' discretion upon providing written notice to the customer.

PASSING OF PROPERTY

  1. a) Until full payment is received by Cherry2beans: i. Ownership of all goods remains with Cherry2beans. ii. Cherry2beans retains the right to retrieve any delivered goods if not paid in full. iii. Goods repossessed may be kept or resold.

b) If the goods are resold by the customer, they must reserve a portion of the proceeds equivalent to the invoice price for Cherry2beans. However, the risk of the goods transfers to the customer upon delivery.

RISK AND INSURANCE

  1. Risks associated with the goods transfer to the customer upon dispatch or collection, whichever is earlier.

ACKNOWLEDGMENTS BY THE CUSTOMER

  1. The customer hereby acknowledges that: (i) they have made their purchasing decisions without reliance on any advice, recommendation, information, or assistance provided by Cherry2beans or any representative of Cherry2beans in relation to the sale or application of the products and/or services;

(ii) the client bears the sole responsibility for determining that the products or services align with their intended or anticipated use, irrespective of whether Cherry2beans is aware of such use;

(iii) any product descriptions provided in quotations or notices serve identification purposes only, and do not establish a sales contract based on those descriptions;

(iv) the client is obliged to furnish Cherry2beans with details of its Australian business number, order reference, quantity and model specifications, delivery address, and insurance information upon Cherry2beans' request.

(v) after an initial deposit, products can be reserved for a duration of up to 8 weeks from the order date at the Cherry2beans Warehouse. If the customer requires storage beyond this period, a 5% fee will be applied weekly, calculated from the total order value, until the products are ready for collection or dispatch.

DELIVERY

  1. Cherry2beans will communicate anticipated delivery dates to the customer and strives to adhere to these timelines. However, Cherry2beans is not accountable to the client if there are unforeseen delays or changes to these estimates.

  2. Cherry2beans' delivery commitments pertain only to delivery at kerb side or at street level. Should the customer have special delivery requirements, they are to inform Cherry2beans in a timely manner ahead of the delivery. Any additional costs arising from these requirements will be borne by the customer.

EXAMINATION AND PRODUCT RETURNS

  1. Should the customer wish to lodge a claim regarding the delivered goods, they must inspect the products and provide written notice to Cherry2beans within two (2) business days of delivery, specifying any deviations from the expected specifications or descriptions. If no such notice is received within the stipulated period, the goods will be considered as received in satisfactory condition, and any subsequent requests for credits, claims for non-delivery, or product repairs will not be entertained.

  2. If Cherry2beans, at its discretion, permits the return of goods for credit, such credit will remain valid for up to twelve (12) months from the initial sale date of the returned items. Please note, returned goods may be subject to a restocking fee of no less than 25% of the product's invoice value.

  3. Should Cherry2beans approve a return for credit, the client will be responsible for any costs associated with returning the goods to the manufacturer and must reimburse Cherry2beans for these expenses.

  4. Cherry2beans is under no obligation to accept returns for products that were damaged during their assembly or installation. Additionally, Cherry2beans is not responsible for any assembly or installation errors, nor will it cover any losses resulting from faulty assembly or installation. This statement does not alter or affect the stipulations in Clause 19.

    (a) Cherry2beans is not obligated to accept returns of custom-made items or products crafted as per the client's specifications. The client agrees to absolve Cherry2beans from any potential liabilities, damages, or claims resulting from the delivery of customized items tailored to the client's specifications.

    (b) In instances involving the creation, cancellation, or return of customized products, the client will not be eligible for any reimbursement of the amount paid.

    ORDER CANCELLATIONS
  5. Orders cannot be cancelled, altered, or postponed without Cherry2beans' prior written approval. If Cherry2beans consents to any such changes, the client will be required to compensate Cherry2beans for any incurred losses, including lost profits. Furthermore, a cancellation and restocking fee, amounting to no less than 25% of the product's invoice value, might apply.

LIMITATION OF LIABILITY FOR CHERRY2BEANS

(a) In accordance with and as permitted by the Australian Consumer Law and relevant state legislation, Cherry2beans commits to using its utmost effort to supply or, if necessary, repair the products, or at Cherry2beans' discretion, repair or replace any portion of a product found defective during the warranty period. Cherry2beans shall not be held liable for any other claims or damages, which might include but are not limited to, claims related to faulty design, negligent or misleading advice, damages resulting from the loss or use of the products, or any indirect, special, or consequential damages or injuries to any individual, corporation, or other entity.

(b) If products delivered under this agreement are received by the customer as a 'consumer' as defined by the Australian Consumer Law or relevant state legislation, the consumer is entitled to certain inalienable rights and remedies regarding the products or services. These terms and conditions do not negate, restrict, or modify any of those rights. However, if the product is typically not intended for personal, domestic, or household use, under section 64A of the Australian Consumer Law and relevant state provisions, Cherry2beans limits its liability to the lesser of:

             (i) the expenses of replacing the goods or delivering equivalent products;
             (ii) the costs associated with repairing the goods; (iii) the fees related to having the goods repaired or replaced.

(c) Except as stated in paragraph (b), Cherry2beans is not accountable for any interruptions or failures in fulfilling its obligations under this agreement caused by unforeseeable events or circumstances beyond its reasonable control.

(d) Save for the provisions in paragraph (b), Cherry2beans disclaims responsibility for any loss resulting from an error or flaw in the products or from components or consumables supplied by any third party.

WARRANTY TERMS

21. Subject to these terms:

(i) Cherry2beans reserves the right to either repair or replace any goods to address issues arising from defects in craftsmanship or materials, acknowledging that such products might have acceptable variations.
(ii) The customer acknowledges that any warranties pertaining to equipment derive from the product's manufacturer, and Cherry2beans is not responsible for these warranties nor offers any independent warranty for these goods.
(iii) The customer agrees to grant Cherry2beans or its representatives access to the goods for the purpose of inspection and addressing any claims.
(iv) The customer has not attempted to repair or actually repaired the goods without Cherry2beans' prior consent or made any modifications to the goods.
(v) The customer has utilized and maintained the goods as per the manufacturer's guidelines.
(vi) The customer confirms it has not depended on any advice provided by Cherry2beans or its representatives regarding the suitability of the goods.

ADDITIONAL TERMS

This agreement will be governed by the laws of the State of New South Wales, and all parties submit to the jurisdiction of the Courts of the State of New South Wales and any appellate courts.

Any lapse by Cherry2beans in enforcing these terms should not be perceived as a relinquishment of Cherry2beans’ rights.

If any of these terms prove unenforceable, they will be adapted to ensure enforceability or, if unadaptable, will be separated from this agreement, preserving the enforceability of the remaining terms.

Notices from either party can be personally delivered, sent via facsimile, or mailed to the last known address and are considered received upon dispatch or confirmed receipt of facsimile transmission.