Terms and Conditions

 

Read the terms & conditions of purchase and for the use of www.vikingfoodsolutions.com.au. If you can’t find the information you need, please make an enquiry on the Contact Us page or call 1300 88 99 51 and get help from a member of our team.

By using or accessing this site you acknowledge that you have read, understood, and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, then please do not use this site.
Terms of Use

Governing Law

Viking Food Solutions controls and operates this website from its offices within Australia. Our Terms of Use are governed by the laws of the State of Victoria. You and Viking Food Solutions agree to submit to the non-exclusive jurisdiction of the courts of VIC. If you choose to access this site from another location, you are responsible for compliance with applicable local laws.

Revisions of Terms of Use

Viking Food Solutions may revise or amend these Terms of Use at any time at our absolute discretion by posting revised terms. You agree that, in the event that any portion of these Terms of Use is found to be unenforceable, the remainder of these Terms of Use remain in full force and effect. Any revisions will be effective immediately. By continuing to use this site after any revision becomes effective, you agree to be bound by these Terms of Use as so revised. You should therefore periodically visit this page to determine the then current Terms of Use to which you are bound.

Site Contents, Ownership & Use Restrictions

The material on this site is protected by copyright under the laws of Australia and other countries through international treaties.
Unless otherwise indicated, all rights (including copyright) in all content, other material and compilations contained in, or used to create or support this site including text, graphics, logos, button icons, video images, audio clips and navigational and other software (collectively referred to as the Contents) are owned or controlled, and are reserved by Viking Food Solutions and its related companies, affiliates, licensors and licensees.

Personal, Non-commercial Use Permission is granted to display, copy, distribute, download, and print in hard copy portions of this site solely for the proper and reasonable purposes of:
• Placing an order with Viking Food Solutions; or

• Using this site as a shopping resource, provided that you do not modify the site and that Viking Food Solutions retains all copyright and other proprietary notices contained in the Contents.

You must not, without our prior written permission, exploit any of our site materials for commercial purposes or other purposes that are not expressly permitted under these Terms of Use.

Prohibited Conduct

You are not authorised, without the prior written permission of Viking Food Solutions and each other owner of rights in content that you access via the site, to reproduce, frame, download, store (in any medium), communicate, show or play in public, adapt, change, or create a derivative work from that content.
No trade mark (whether registered or otherwise) that is contained on this site or otherwise used by Viking Food Solutions may be used without our prior, specific, written permission or that of the trademark owner.
Please note that the permission granted to use material on the site terminates automatically if you breach any of these Terms of Use.

Protecting Your Log on Details

You agree to take responsibility for the safekeeping of your user name and password. You are liable if your user name or password is used by an unauthorised person. You agree to release and indemnify Viking Food Solutions in connection with any use (whether authorised or unauthorised) of your user name or password. Viking Food Solutions may suspend or cancel your account at any time without prior notice.

Security & Privacy

Viking Food Solutions will comply with Viking Food Solutions Security & Privacy policy. Viking Food Solutions will not reveal your personal information to external organisations except for the purposes of fulfilling your order.

We Can Use Your Feedback

You grant Viking Food Solutions an irrevocable, non-exclusive licence to use any material, information and ideas that you transmit to this site or otherwise provide to Viking Food Solutions from the time you authorise it to be sent. You agree that we can use and adapt any ideas, concepts, techniques, words, images or other content contained in these transmissions for any purpose and without restriction or compensation.

General Prohibitions

You must not upload, post, transmit or otherwise make available through the site any material which:
• violates or infringes the rights of others (including their privacy and intellectual property rights);

• is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person;

• encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law;

• restricts or inhibits any other user from using or enjoying the site; • affects the functionality or operation of the site or its servers or the functionality or operation of any user’s computer systems (e.g. by transmitting a computer virus or other harmful component, whether or not knowingly); or

• breaches any standards, content requirements or codes promulgated by any relevant authority, including authorities that require Viking Food Solutions to take remedial action under any applicable industry code.

Indemnity

You agree to indemnify and will keep Viking Food Solutions indemnified against any claim, demand, injury, damage, loss, expense, cost or liability (whether direct or indirect) made against or suffered by Viking Food Solutions in connection with your use of this site, your breach of these Terms of Use or your breach of any rights of third parties.

Buying Products from our Website
Ordering Goods

Any order placed by you in the manner described in this site is an offer by you to purchase a particular product or service for the price (including the delivery and other charges) specified on this site at the time you place your order. You acknowledge that, by placing your order, you are agreeing to pay for and accept delivery of the goods ordered unless you ask us to cancel that order, and we send you written confirmation of the cancellation prior to the goods being dispatched to you.

Viking Food Solutions may change the prices published on this website at any time. While every effort has been made to ensure the accuracy of prices and information displayed on the Viking Food Solutions website, Viking Food Solutions reserves the right to accept or reject your offer for any reason, including without limitation, the unavailability of any product, an error in the price or the product description posted on this site, or an error in your order. We may require additional verification or information before accepting any order. We only accept orders from within mainland Australia and Tasmania. Within this area, our policies as to delivery and returns apply as set out in these Terms of Use.
Viking Food Solutions reserves the right to restrict sales to retail quantities when supplying resellers and distributors.

Purchasing & Payment

For each online order, you must pay:
• the applicable price for the relevant goods confirmed by Viking Food Solutions; and

• the delivery and handling fee specified on the website at that time.

Your order and credit card details are safe and secure. All personal and credit card information provided to Viking Food Solutions is encoded using Secure Sockets Layer (SSL) technology, an encryption protocol that protects data as it travels over the Internet. At this stage we can only accept payments using the methods stated in the Purchasing & Payment. We are unable to accept COD charges. Payment must be cleared before the goods are dispatched unless you have approved credit facilities with Viking Food Solutions.

Delivery

All orders placed through this website are subject to confirmation and acceptance by Viking Food Solutions. We may vary prices in the event of price changes or mistakes made by suppliers on reasonable prior notice to you. If we request payment for increased prices, you may cancel the order by giving notice to Viking Food Solutions, which must be received within seven days of the announcement of the increase.
Viking Food Solutions or its agent will deliver the goods you order to the address you specify in your order, within the agreed time frame, subject to their availability. Where the goods are not available we will notify you of this as soon as possible. Anyone at the delivery address who receives the goods will be presumed to be authorised to receive the goods.

If your goods include products in respect of which the law prescribes a minimum age for purchase, you must be over the age of 18 years (or such other minimum age as is prescribed by the law), and you must ensure that a person over that age is available to accept delivery of the goods. Viking Food Solutions may refuse to deliver the goods if the person receiving the goods is unable or unwilling to provide evidence of proof of age. If there is no one at the delivery address or no one of appropriate age to receive and pay for the order, Viking Food Solutions may charge you additional delivery fees.

Title & Risk

Title to the goods purchased on this site does not pass from Viking Food Solutions to you until we have received payment in full for the goods. All risk in the goods passes to you upon delivery.
Returns Policy & Refunds

All product returns are subject to Viking Food Solutions Products Returns Policy, which forms part of these terms and conditions.
Product Information, Prices & Photos

Viking Food Solutions aims to include up-to-date pictures and specifications of all of the goods. However, our picture and/or description of the goods may differ from the actual goods. We recommend you read the labels on the goods carefully before using the goods. Images are for illustration purposes only, actual product may differ.
Clearance Products

All Clearance products are sold on a No Returns basis as per our Returns Policy, and are subject to these Terms & Conditions of purchase. Clearance products are either new, ex-demo, or have some minor cosmetic imperfection.
Due to the limited stock availability of clearance products, neither placement of an order, nor email confirmation that we have received your order, guarantees fulfilment of that order. Orders are processed on a first-come first served-basis and we will be considered to have accepted your order only by delivering the goods. If we cannot accept your order for any reason, we will notify you by telephone or email.

If your order is unsuccessful because the stock has been purchased by an order prior to yours, Viking Food Solutions is not required to supply you with any alternative products and has no liability to you whatsoever.

Disclaimer of Liability

To the extent permitted by law, Viking Food Solutions will not be liable in contract, tort (including negligence) or otherwise, for any direct, indirect, special, consequential or punitive loss or damages or any loss or damages whatsoever, including (but not limited to) loss of use, data, or profits, arising out of or in connection with:
• The use, copying, or display of the contents of this site.

• Goods or services supplied by Viking Food Solutions under these Terms of Use.

• A failure or omission on the part of Viking Food Solutions to comply with its obligations under these Terms of Use.

Disclaimer of Warranty

Viking Food Solutions is providing this site and its contents on an ‘as is’ basis and use of this site is at your own risk. The content is believed to be accurate, complete, current and reliable at the date the information was placed on the site. Viking Food Solutions and its related companies, affiliates, licensors or licensees, and their respective directors, officers, employees or agents make no representation or warranty as to the accuracy, completeness, currency or reliability of the information contained on this site (including in relation to any products or services).

To the extent permitted by law, including any non-excusable statutory obligations, none of them will be liable or responsible in any way (including in negligence) for errors in, or omissions from, the information contained on this site. To the extent permitted by law, Viking Food Solutions expressly disclaims all warranties of any kind, whether express or implied, including (without limitation) implied warranties or conditions of merchantability or fitness for purpose.

Limitation of Liability

Our total liability to you (if any) in connection with this site, or with these Terms of Use or any goods or services supplied under them, will be limited, at our election, to:
• In the case of information or services supplied or offered by us – the re-supply of the information or services or payment of the cost of doing this.

• In the case of goods supplied or offered by us – repair or replacement of the goods, supply of equivalent goods, or payment of the cost of doing this.

• The amount paid by you (if any).

Rights We Cannot Exclude

The above disclaimer and liability limitation do not exclude any rights, which by law may not be excluded, including but not limited to your rights under the Trade Practices Act.
Termination

Your ability to purchase goods from this site may be terminated by Viking Food Solutions at any time without notice. All restrictions, licences granted by you and limitations of Viking Food Solutions liability will survive termination. Viking Food Solutions Fair Trading Policy
Viking Food Solutions is committed to complying with the various Trade Practices Acts and Fair Trading Laws. Compliance is integral to the way we do business.

Viking Food Solutions Compliance Policy
Commitment

We will comply with all relevant laws, regulations and company policies.
Our behaviour will reflect this commitment.
All company policies and procedures will reflect this commitment.
The management of Viking Food Solutions will be trained accordingly to ensure compliance with all relevant laws, regulations and company policies.
All Viking Food Solutions team members will be updated when any laws, regulations or company policies are changed or altered.

Monitoring

Appropriate procedures will be implemented to monitor adherence to this policy.

Viking Food Solutions Disclaimer

This data is provided ‘as is’. Neither Viking Food Solutions, nor the provider of the data, represents or guarantees, or accepts any liability whatsoever in respect of, the accuracy, currency or completeness of any of this data. It is not provided for professional use. Any use of this information is at the user’s risk. Viking Food Solutions does not accept any liability for any delays, interruptions, errors, or omissions, however occurring (including as a result of negligence) in the collecting, recording, processing, storing or dissemination of this information.
This site may contain third party advertisements and links to third party sites. Viking Food Solutions does not make any representation as to the accuracy or suitability of any of the information contained in those advertisements or websites and does not accept any responsibility or liability for the conduct or content of those advertisements and websites and the offerings made by the third parties. Third party advertisements and links to other website where goods or services are advertised are not endorsements or recommendations by Viking Food Solutions of the third party websites, goods or services. Your access to or use of them is at your own risk.

Viking Food Solutions Copyright Statement

You may use and/or copy the information on this website for personal reference only. Viking Food Solutions endeavours to ensure all information contained in this website is correct at the time of inclusion. However, the accuracy of the material cannot be guaranteed and visitors using the information from the website do so entirely at their own risk. The information may not be reproduced or published in any other way or by any means without the prior written consent of Viking Food Solutions.

 

Viking Food Solutions Pty Ltd

A.B.N 35 713 786 206

Terms and Conditions of Sale

DEFINITION

“Company” is Viking Food Solutions Pty Ltd trading under its own name and registered Victorian Business Name of Butchers Machinery Sales & Service.

“Customer” means the part set out on delivery docket or invoice and shall include its successors, personal representatives and permitted assigns.

“Goods” are the items the subject of the sale under the Contract specified on the face of invoice or where the context so admits means part of them.

1. GENERAL

1. The following are the terms and conditions of sale for the Goods and shall prevail unless agreed to the contrary in writing by the Company. The whole of the Agreement between the Company and the Customer are those set out in these Terms and Conditions as amended from time to time and those, if any, which are implied and which cannot be excluded by law. Any other contractual terms of the Customer (whether upon the Customer’s order or elsewhere) which are contrary to or inconsistent with these Terms shall not apply nor shall they constitute a counter-offer. By receiving delivery and/or supply of all or a portion of the goods, materials and/or parts and/or labour and/or services supplied by the Company under these Terms, the Customer shall be deemed to have accepted these Terms and to have agreed that they shall apply to the exclusion of all others.

2. TERMS OF PAYMENT

1. Payment terms shall be as agreed and payable on or before the terms indicated on the Company’s invoices. Should the Customer delay or default in respect of any payment due hereunder, the Company shall have the right to charge interest on all sums owed for payment to the Company. Upon the Customer’s failure to pay on the due date the Customer shall also be liable to all losses, expenses, interest and costs including (but not limited to) legal fees (on a solicitor/client basis), collection costs, dishonoured cheque fees etc. and shall be recoverable from the Customer by the Company as liquidated damages

3. SUPPLY & DELIVERY

1. Any times quoted for delivery/supply are estimates only and the Company shall not be liable for any failure or delay to deliver/supply. The Customer shall not be relieved of any obligation to accept or pay for Goods, by reason of any delay in delivery/supply or dispatch.

2. The Company shall also be released from its obligations in the event of national emergency, war, prohibitive governmental regulation or if any other cause beyond the control of the parties renders provision of the Goods impossible, where all money due to the Company shall be paid immediately and unless prohibited by law, the Company may elect to terminate the Agreement.

4. STOP SUPPLY

1. The Company reserves the right to refuse to supply the Customer where any payment for Goods supplied by the Company remains outstanding or if the Customer fails to comply with the Terms.

5. TITLE OF GOODS

Until such time as all goods have been paid in full the Company shall have the right to retake possession of the Goods and to resell the Goods. For the purpose of enabling the Company to retake possession of the Goods, the Company is hereby irrevocably authorised to enter the Customer’s premises in which the Goods may from time to time be located and the Customer appoints the Company as its agent to enter any premises not owned by the Customer and on or in which any of the Goods may be located from time to time.

6. CLAIMS, RETURNS & ALLOWANCES

1. If the Company accepts the return of any Goods that have been ordered, the Company may charge the Customer twenty per cent (20%) of the invoice price as a handling fee with freight cost and risk remaining the responsibility of the Customer.

2. All claims shall be determined at the sole discretion of the Company and goods returned for Credit will only be accepted if received in original condition. Goods returned for Credit will not be accepted if the Goods were specifically made or purchased for the Customer and if Goods are damaged or altered in any way by the Customer.

7. GOODS SUPPLIED ON CONSIGNMENT

1. If the Company agrees to place goods in the Customers premises on a consignment basis, this clause will apply in addition to the other terms and conditions set out. The goods shall be at the risk of the Customer from the time of delivery/supply and the Customer must insure the Goods from the time of delivery/supply. The Company also reserves the right to recover the goods in accordance with clause 5 of these terms.

8. PRICE INCREASE

1. The Company reserves the right to increase the price of Goods at any time and without prior notification.

9. WARRANTY

1. The Company’s warranty for machinery delivered shall be effective for as 12 month from date of delivery for new machinery, parts and labour for as 3 month from date of delivery for second-hand machines, parts and labour – unless otherwise stated. However the Company does not warrant parts requiring replacement due to wear and tear. The Company shall not be liable for any other damage, loss or expense arising from a defect in the machine, other than for parts and labour as stated above. In particular the Company shall not be liable for the cost of a replacement machine or any other loss due to the unavailability of the machine supplied by the Company including loss of production etc. The Company’s warranty is only effective for normal and recommended use of the goods supplied and shall in no circumstances be liable for incidental or consequential damages.

10. LEGAL CONSTRUCTION

1. The construction validity and performance of this Contract shall be governed by the laws in force in the State of Victoria. Any proceedings between the Company and the Customer shall be commenced in Victoria.

2. The signing of a manifest or delivery for Goods received notwithstanding anything that may be stated to the contrary by the Customer shall constitute acceptance of these Conditions of Sale.

11. PRIVACY ACT

1. In consideration of the Company providing credit facilities to the Customer, the Customer hereby agrees that for the purpose of processing the application form provided the Company may make whatever enquiries it deems necessary from any source of information including credit reporting agencies and credit providers. The Customer acknowledges that the Company may need to supply information about the Customer to those sources and the Customer gives its authorisation to the Company to do so.

12. PERSONAL PROPERTIES SECURITIES ACT 2009 (“PPSA”)

1. The customer acknowledges that these Terms constitute a security agreement for the purposes of the PPSA and creates a security interest in all of the Customer’s present and after-acquired Goods supplied by the Company.

2. The Company and the Customer agree that nothing in sections 130 (1)(a) and 143 of the PPSA will apply to these Terms and Conditions.

3. The Customer waves the rights as a debtor under sections 92, 93, 94, 95, 97, 118, 121, 132, 135, 137, 140 and 142 of the PPSA.

4. The Customer further agrees that where the Company has rights in addition to those under Chapter 4 of the PPSA, those rights will continue to apply.

5. In this clause: (a) “security agreement” means the security agreement under the PPSA created between the Customer and the Company; and (b) “security interest” has the meaning given to it by the PPSA

Viking Food Solutions Pty Ltd

35 Shirley Way, EPPING VIC 3076

T 1300 88 99 51 | F 1300 88 99 07

E [email protected]

www.vikingfoodsolutions.com.au

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35 Shirley Way, Epping VIC 3076, Australia
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