Terms and Conditions

Definitions
1. Agreement means, the Company and the Customer have agreed to supply Goods and Services in accordance with an Order Form, governed by these Terms and Conditions of Trade.
2. Company means Allround Vending Pty Ltd. (ABN 87 616 657 660, ACN 616 657 660), 7 Trade Way, Cranbourne West VIC 3977, Australia.
3. Customer means the purchaser of the Goods and/or Services from the Company.
4. Additional Charge means fees or charges for additional work performed at the Customer’s request or reasonably required as a result of the Customer’s conduct, calculated in accordance with the Supplier’s then current prices.expenses incurred by the Supplier, at the Customer’s request or reasonably required as a result of the Customer’s conduct.
5. Business Day means a day that is not a Saturday, Sunday, or public holiday in the place where the Services are principally being carried out or the Goods provided.
6. Intellectual Property Rights means intellectual property rights at any time protected by statute or common law, including copyright, trademarks, patents, and registered designs.
7. Goods means vending machines, vending machine parts and any other automatic merchandising products supplied by the Company from time to time to the Customer as specified in the Order Form.
8. Supplier means the entity specified as the supplier of Goods or Services on the Quote and includes the Supplier’s agents and permitted assigns. The Main supplier is Allround vending Pty Ltd.
9. GST means the Goods and Services Tax as defined in the GST Act 1999
10. Order Form means the document provided by the Company to the Customer for placing orders for Goods and/or Services with the Company.
11. Price means the specified cost associated with the Goods and/or Services offered by the company. This amount is detailed on the price list provided by AllRound Vending Pty Ltd, subject to periodic updates. It is important to clarify that the price lists or catalogues presented by the company do not constitute a binding offer.
12. Quotation means a written description of the Goods or Services to be provided, an estimate of the Supplier’s charges for the performance of the required work and an estimate of the time frame for the performance of the work.
13. Services means the services to be provided by the Supplier to the Customer in accordance with a Quote and these terms of trade.
Prices and terms
1. All prices are quoted in Australian Dollars (AUD) unless otherwise specified. Prices are excluding Goods and Services Tax (GST), which will be added at the prevailing rate.
2. The quoted prices are subject to GST as per Australian tax regulations.
3. GST will be itemized separately on invoices.
4. All transactions are conducted in Australian Dollars unless otherwise agreed upon in writing.
5. We reserve the right to adjust prices due to changes in costs, taxes, or other unforeseen circumstances.
6. These pricing and terms are governed by the laws of the state of Victoria, Australia.
Quotations and Orders.
1. Pricing - The quotation's prices are based on the market price as of the quotation date. All quotations provided by Allround Vending Pty Ltd are in Australian Dollars (AUD) unless otherwise specified.
2. Validity - Quotations are valid for 7 days from the date of issue. After this date, prices are subject to review and may be adjusted.
3. Acceptance - The Company will provide written confirmation to the Customer of the quotation before processing the Customer's order. By accepting the quotation and paying the Company’s invoice, the Customer acknowledges that they have read and understood these Terms and Conditions and that they agree to be bound by these Terms and Conditions.
4. Variation and Cancellation of Orders - The Company requires written consent for cancelling orders or service requests. If the Customer attempts to cancel without consent, the Company may treat it as a contract repudiation. In such cases, the Customer is obligated to pay the Company for all losses, damages, costs, interest fees, charges (including handling charges), and expenses resulting from the contract repudiation, payable to both the Company and its suppliers, if applicable.
Invoicing and payment
1. The Supplier may in its absolute discretion, issue an invoice to the Customer in any one or more of the following ways.
2. 1. prior to commencing the provision of the Goods or Services, for an amount equal to the Quote and Additional Charges where the Supplier has not previously carried out work for the Customer or where the Supplier chooses to do.
  2. at the end of each week before the Order is completed, the Supplier may issue one or more invoices for a proportion or the whole of the amount of the Quote (the proportion to be calculated at the Supplier’s discretion either for work done to that point, work in the future or both) and require that proportion of the Quote be paid in advance of any further Goods or Services being provided.
  3. upon completion of the provision of the Goods or Services or any time thereafter, for an amount equal to the Quote or the balance of the Quote outstanding, any Additional Charges, and any amount not previously invoiced, or if no Quote was provided, for an amount representing the Supplier’s charge for the work performed in completing the Order and for any Additional Charges.
3. The amount payable by the Customer will be the amount set out in the invoice. This will be calculated as,
4. 1. the amount for the Goods or Services (or both) as set out in the Quote and any Additional Charges.
  2. where no Quote has been provided by the Supplier, the Supplier’s usual charges for the goods or services (or both) as described in the Order.
5. The Customer must pay an invoice issued by the Supplier to the Supplier within 7 days of a valid tax invoice being issued to the Customer.
6. If any invoice is due but unpaid, the Supplier may withhold the provision of any further Goods or Services until overdue amounts are paid in full.
7. The Customer is not entitled to retain any money owing to the Supplier notwithstanding any default or alleged default by the Supplier of these terms of trade, including (but not limited to) the supply of allegedly faulty or defective Goods, provision of Services to an inadequate standard or a delay in the provision of Goods or Services. Nothing in this paragraph affects the Customer’s rights for any alleged failure of a guarantee under the ACL.
8. All costs and expenses associated with collecting overdue amounts, including (but not limited to) legal fees and internal costs and expenses of the Supplier, are to be paid by the Customer as a debt due and payable under these terms of trade.
9. The Customer and the Supplier agree to comply with their obligations in relation to Goods and Services Tax (GST) under the A New Tax System (Goods and Services Tax) Act 1999 and any other applicable legislation governing GST.
Additional Charges
1. The Supplier may require the Customer to pay Additional Charges in respect of Costs incurred by the Supplier as a result of reliance on inadequate or incorrect information or material provided by the Customer or information or material supplied later than required by the Supplier in order for it to provide the Goods or Services within the specified time frame (if any).
2. The imposition of Additional Charges may also occur as a result of,
3. 1. Government or council taxes or charges not included in the Quote.
  2. courier, packing or handling charges not included in the Quote.
  3. cancellation by the Customer of an Order where cancellation results in Loss to the Supplier.
  4. additional work required by the Customer or any other occurrence which causes the Supplier to incur costs in respect of the Customer’s Order additional to the quoted cost.
Credit Information
1. The Customer gives the Company permission to check their creditworthiness by making necessary inquiries, including contacting trade references, the Customer's bank, other credit providers, or a credit reporting agency. The Customer also allows these sources to share relevant information with the Company as needed and permitted by privacy laws. Additionally, the Customer agrees that any information provided on a credit application can be shared by the Company with a credit reporting agency or other interested parties, within the limits of privacy laws.
Terms of Payment
1. Payment Terms
  Invoices are due within seven days from the invoice date or upon completion of services unless otherwise specified in writing by the Company.
  The Company won't deliver goods until it receives cleared funds from the Customer, unless agreed otherwise in writing.
2. Goods and Services Delivery
  The Customer needs to inform the Company if they've obtained finance for purchasing goods. Until the Company receives full payment from the financier, it's not obligated to deliver the goods.
3. Credit Terms and Interest
  If the Company extends credit terms, the Customer must pay by the end of the month following the invoice month. If payment isn't made on time, the Company can charge interest from the invoice date until payment, as per the Penalty Interest Rate. Payments received may be credited against interest, costs, and then the debt.
Acceptance of Returns of Goods
1. If the Customer fails to advise the Supplier in writing of any fault in Goods or failure of Goods to accord with the Customer’s Order within 24 hours of delivery, the Customer is deemed to have accepted the Goods and to have accepted that the Goods are not faulty and accord with the Customer’s Order. Nothing in this paragraph affects the Customer’s rights for any alleged failure of a guarantee under the ACL.
2. AllRound Vending Pty Ltd accepts returns for goods purchased through eBay and Facebook, subject to the following conditions,
3. 1. Returns are only accepted for items that are in their original condition, unused, and with all original packaging intact.
  2. Buyers must initiate the return process within 30 days from the date of delivery.
  3. Buyers need to pay return postage. International returns are not accepted.
4. Brand new vending machines and Second-hand vending machines are not eligible for returns after delivery. If there is any issue caused by the company, customers can claim warranty.
Claims and Repairs
1. Warranty Periods
2. 1. All brand-new vending machines and parts are covered by a 12-month warranty from the date of purchase.
  2. All second-hand vending machines and parts are covered by a 3-month warranty from the date of purchase.
3. Exclusions
  The warranty claim is not valid under the following circumstances.
4. 1. Warranty claims will not be accepted for machines or parts that have been broken, shaken, or damaged by anyone other than AllRound Vending Pty Ltd.
  2. Warranty claims for damage that occurs during transportation by anyone other than AllRound Vending Pty Ltd will not be valid.
5. Warranty Claim Process
6. 1. To initiate a warranty claim, customers must contact our customer service department with the relevant serial numbers within the specified warranty period.
  2. All warranty claims will be subject to inspection by AllRound Vending Pty Ltd. Approval of a warranty claim is contingent upon the findings of the inspection.
Reservation of Title and Risk
1. Property in and title to the Goods will not pass from the Company to the Customer until the Company receives payment in full for all Goods and for all money owing by the Customer to the Company on any account whatsoever. Until title in the Goods passes to the Customer, the Customer shall keep the Goods as bailee for the Company.
2. Unless otherwise agreed, risk shall pass to the Customer upon delivery. Notwithstanding that risk may have passed to the Customer, property and title in any goods sold by the Company shall remain with the Company until receipt by the Company of the purchase price of the Goods as invoiced by the Company.
Personal Property Securities Act 2009
1. The Customer acknowledges and agrees that,
2. 1. These Terms constitute a Security Agreement for the purposes of the Personal Property Securities Act 2009 (“PPSA”).
  2. The Company has a security interest in any Goods delivered or to be supplied to the Customer pursuant to these Terms and in any present or after acquired property that represents proceeds (as defined in the PPSA) of the Goods and/or in which the Goods have been attached or incorporated, including any co- mingled goods.
3. The Customer acknowledges and agrees as follows, Financing statements and financing change statements The Company may at any time register a financing statement (or, if relevant, a financing change statement) on the PPS Register in relation to its security interest in the Goods that may include terms that.
  describe the Company as the "secured party" and the Customer as the "grantor’.
  describe the Goods supplied by the Company to the Customer from time to time pursuant to these Terms as collateral in the class of "other goods" (or in such other class as the Company may reasonably determine is applicable)
  specifies that the security interest that the Company holds in the collateral is a PMSI in accordance with item 7 of the table in section 153(1) of the PPSA to the extent that it secures payment of the amounts owing in connection with that collateral.
  specifies that the security interest affects proceeds and, in particular, all present and after acquired property that represents proceeds of the Goods.
4. Period of registration
  The Company may register a financing statement or financing change statement on the PPS Register for any period that the Company determines (in its discretion).
5. Payment of fees and costs
  If the Company so requests, the Customer must pay to the Company all fees, charges, and expenses that the Company may reasonably incur in.
6. 1. preparing, lodging, or registering any financing statement or financing change statement in relation to any security interest that is granted to the Company under these Terms.
  2. maintaining any such registration
  3. enforcing any security interest granted to the Company under these Terms. These fees, charges and expenses may be incurred by or with an agent that acts on behalf of the Company.
7. When registration to be affected.
  The Company may register its security interest on the PPS Register at any time so long as the Company believes on reasonable grounds that it will become a secured party in relation to the Goods.
Intellectual Property Rights
1. The Customer affirms ownership of all Intellectual Property Rights related to its Order for Goods or Services or holds a license enabling the Supplier to reproduce or use all copyright works or other materials covered by Intellectual Property Rights provided by the Customer for the Order. Additionally, the Customer pledges to indemnify and keep the Supplier indemnified against any Losses suffered by the Supplier due to any breach of Intellectual Property Rights concerning materials supplied by the Customer.
2. Unless expressly agreed upon in writing by both the Supplier and the Customer, all Intellectual Property Rights in works created by the Supplier on behalf of the Customer belong to and remain with the Supplier.
3. Upon full payment of all invoices for the Goods or Services, the Supplier grants the Customer a perpetual, non-exclusive license to use the works created or produced by the Supplier. This license is for the purpose of the provision of Goods or Services under these terms of trade and aligns with the intentions outlined in the Order.
Privacy Policy
The Customer acknowledges and agrees that the Company and its employees, officers, and agents can use their personal information for supplying Goods or Services and general marketing, following the Company's privacy policy (available upon request). The Company won't share this information unless allowed by privacy laws or its policy. The Customer can
Default by Customer
1. Each of the following occurrences constitutes an event of default.
2. 1. the Customer breaches or is alleged to have breached these terms of trade for any reason (including, but not limited to, defaulting on any payment due under these terms of trade) and fails to remedy that breach within 14 days of being given notice by the Supplier to do.
  2. the Customer, being a natural person, commits an act of bankruptcy.
  3. the Customer, being a corporation, is subject to,
  4. 1. a petition being presented, an order being made, or a meeting being called to consider a resolution for the Customer to be wound up, deregistered, or dissolved.
    2. a receiver, receiver and manager or an administrator under Part 5.3A of the Corporations Act 2001 being appointed to all or any part of the Customer’s property and undertaking.
    3. the entering of a scheme of arrangement (other than for the purpose of restructuring)
    4. any assignment for the benefit of creditors.
  5. the Customer purports to assign its rights under these terms of trade without the Supplier’s prior written consent.
  6. the Customer ceases or threatens to cease conduct of its business in the normal manner.
3. Where an event of default occurs, except where payment in full has been received by the Supplier, the Supplier may,
4. 1. terminate these terms of trade.
  2. terminate any or all Orders and credit arrangements (if any) with the Customer.
  3. refuse to deliver Goods or provide further Services.
  4. pursuant to clause 9(c), repossess and re-sell any Goods delivered to the Customer, the payment for which has not been received.
  5. retain (where applicable) all money paid by the Customer on account of Goods or Services or otherwise.
5. In addition to any action permitted to be taken by the Supplier under paragraph 14.2, on the occurrence of an event of default all invoices will become immediately due and payable.
Exclusions and limitation of liability
1. The Customer expressly agrees that use of the Goods and Services is at the Customer’s risk. To the full extent allowed by law, the Supplier’s liability for breach of any term implied into these terms of trade by any law is excluded.
2. All information, specifications and samples provided by the Supplier in relation to the Goods or Services are approximations only and, subject to any guarantees under the ACL, small deviations or slight variations from them which do not substantially affect the Customer's use of the Goods or Services will not entitle the Customer to reject the Goods upon delivery, or to make any claim in respect of them.
  The Supplier gives no warranty in relation to the Services provided or supplied. Under no circumstances is the Supplier or any of its suppliers liable or responsible in any way to the Customer or any other person for any loss, damages, costs, expenses or other claims (including consequential damages and loss of profits or loss of revenues) as a result, direct or indirect of any defect, deficiency or discrepancy in the Goods or Services. This includes their form, content and timeliness of deliveries, failure of performance, error, omission, defect, including, without limitation, for and in relation to any of the following,
3. 1. any Goods or Services supplied to the Customer.
  2. any delay in supply of the Goods or Services
  3. any failure to supply the Goods or Services.
4. Any advice, recommendation, information, assistance, or service given by the Supplier in relation to Goods or Services or both, is given in good faith and is believed to be accurate, appropriate, and reliable at the time it is given. It is provided without any warranty or accuracy, appropriateness, or reliability. The Supplier does not accept any liability or responsibility for any Loss suffered as a result of the Customer’s reliance on such advice, recommendation, information, assistance or service.
5. To the fullest extent permissible at law, the Supplier is not liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the provision of or failure to provide Goods or Services, or otherwise arising out of the provision of Goods or the Services, whether based on terms of trade, negligence, strict liability or otherwise, even if the Supplier has been advised of the possibility of damages.
6. The Customer acknowledges that the Goods or Services are not for personal, domestic, or household purposes.
7. The ACL may give to the Customer certain guarantees, which cannot be restricted, limited, or varied.
Indemnity
1. The Customer indemnifies and keeps indemnified the Supplier, its servants and agents in respect of any claim or demand made or action commenced by any person (including, but not limited to, the Customer) against the Supplier or, for which the Supplier is liable, in connection with any Loss arising from or incidental to the provision of Goods or Services, any Order or the subject matter of these terms of trade.
2. This includes, but is not limited to, any legal costs incurred by the Supplier in relation to meeting any claim or demand or any legal costs for which the Supplier is liable in connection with any such claim or demand.
Dispute resolution
1. If a dispute arises between the Customer and the Supplier, the following procedure applies.
2. 1. A party may give another party a notice of the dispute and the dispute must be dealt with in accordance with the procedure set out in this paragraph.
  2. A party must not commence legal proceedings (except proceedings seeking interlocutory relief) in respect of a dispute unless the dispute has been referred for resolution in accordance with this paragraph.
  3. A party must not oppose any application for a stay of any legal proceedings that may be issued in respect of a dispute pending the completion or termination of the procedure set out in this paragraph.
3. If a dispute is notified, the dispute must immediately be referred to the parties’ respective senior management. Those representatives must endeavour to resolve the dispute as soon as possible and in any event within 14 Business Days (or other period as agreed).
4. Unless agreed otherwise, any unresolved dispute between the parties will be attempted to be resolved through mediation administered by the Australian Commercial Disputes Centre (ACDC) before resorting to arbitration or litigation. The mediation follows the ACDC Guidelines for Commercial Mediation.
5. These Guidelines, outlining procedures, mediator selection, and costs, are incorporated into these terms. This provision remains effective even after the terms end. Despite a dispute, each party must fulfill its obligations under these terms.
6. The parties must keep confidential all information related to the dispute disclosed during resolution efforts unless required by law or a court directive. Information obtained through dispute resolution can only be used to settle the dispute, not for other purposes.