Terms and Conditions

1. Parties

1.1. These terms and conditions of sale, as amended from time to time by the Seller, apply to all sales of Product(s) by the Seller to the Customer.

2. Quotations and orders

2.1. Any quotation given by the Seller to the Customer is not an offer or obligation to sell but an invitation to treat only. The Seller reserves the right to accept or reject any order it receives.

2.2. Until the Seller accepts in writing an order submitted by the Customer, the Seller is not obliged to supply the Product so ordered to the Customer. The Seller reserves the right to refuse any order based on a quotation within 7 days after receiving the order.

2.3. If the Customer defaults under these terms and conditions, the Seller may cancel, suspend or vary the terms and conditions of any incomplete order that has been accepted by the Seller without notice to the Customer and without being liable to the Customer.

2.4. The Seller is not responsible to the Customer for a breach of its obligation to supply the Product pursuant to an order the Seller has accepted, or for any delay in delivery, if the failure to supply or the delay in delivery, is caused by matters beyond the reasonable control of the Seller (including, without limitation, acts of God, acts of government, war or other hostility, national or international disaster, fire, explosion, power failure, equipment failure, strike or lockout, inability to obtain necessary supplies and any other force majeure occurrence).

2.5. Under no circumstances is the Seller liable for any consequential loss or damage resulting from any breach of contract or warranty, including breach of an essential term, and the Seller's liability is limited to the order price of the Product or such amount of the order price as has been paid as at the date of the alleged breach (subject to clause 9).

3. Prices

3.1. Prices quoted in any order apply to that order only and do not apply in any other circumstances.

3.2. All prices exclude the Goods and Services Tax (GST).

4. Payment

4.1 all items remain the property of Freeze Beverages Pty Ltd until paid in full.

5. Risk in the Product

5.1. The risk of loss or damage to the Product passes to the Customer on the date and at the time that the Product is removed from storage for the purpose of delivery to the Customer. Please check the product is free of damage on arrival. Please check to make sure all your items have arrived.

6. Delivery

6.1. Any delivery times notified to the Customer are estimates only and the Seller is not responsible for late or non-delivery. Please contact our customer support if you have not received your items within 28 days of ordering.

6.2 All Freeze items are supplied on a delivery only basis & compulsory postage and handling charges apply.

6.3 Postage charges apply ‘per item' therefore multiple orders made in the same transaction will incur multiple postage & handling charges.

7. Retention of title.

7.1. It is expressly agreed and declared that the Product delivered by the Seller to the Customer remains the sole and absolute property of the Seller as legal and equitable owner until all money due to the Seller has been paid to the Seller, but such Product will be at the Customer's risk from the time of delivery of the Product to the Customer.

7.2. The Customer may resell the Product, but only as fiduciary agent of the Seller.

7.3. These provisions apply notwithstanding any arrangement under which the Seller provides credit to the Customer. To the extent that there is any inconsistency these provisions prevail.

8. Claims and liabilities

8.1. Any claim by the Customer as to incorrect performance or breach of these terms and conditions must be made to the Seller in writing within 30 days of the date recorded on the order receipt, for which time is of the essence.

8.2. Where a claim relates to the warranties under Clause 9, the limitations and exclusions in that clause apply.

8.3. The total liability of the Seller, its employees, servants and agents is limited to one or more of the following at the option of the Seller:

8.3.1. Replacement of the product supplied or supply of equivalent product:

8.3.2. Payment of the cost of replacing the product or of acquiring equivalent product:

8.3.3. Payment of the cost of having the product repaired; and does not extend to consequential loss or damage

9. Warranties

9.1. The Seller warrants that for a period of 12 months from the date on the invoice.

9.2. Any Product sold by it will be free from defects in workmanship and material under normal use. This warranty does not cover any Product accessories and parts which are not sold by the Seller, and in that case the Customer will only have the benefit of the warranty (if any) of the manufacturer of such parts and accessories which forms part of the contract between the Seller and the manufacturer. This warranty does not apply where in the Seller's opinion a defect has been caused by careless or improper handling, by non-adherence to operating instructions or by fair wear and tear.

10. Exclusions

10.1. The Seller will not be liable under this warranty where:

10.1.1. In the Seller's reasonable opinion a defect is caused by fair wear and tear by careless or improper handling, non-adherence to operating instructions, improper installation or by other abuse or misuse caused by the Customer or a third party;

10.1.2. Any defect, loss or damage is caused to the Product during delivery or shipping. Unless insurance is selected under condition

11. Insurance

11.1 The buyer may choose to purchase insurance at a pre nominated cost. If insurance is not paid for prior to any item being shipped it is deemed as not insured.

11.2 By choosing to select insurance this covers the items from loss or damage from shipping.

11.3 Freeze Beverages Pty Ltd is to be notified of any damage prior to the customer signing the delivery docket.

11.4 General insurance covers the breakage and loss of the "equipment" but will not cover damage or leakage of the consumable items ie. "Syrups" but will cover loss of the "syrups".

12. What the Seller will do

12.1. The Seller will, in its absolute discretion:

12.1.1. Repair the Product or pay for the cost of having the Product repaired; or

12.1.2. Replace the Product a maximum of two (2) times at the Customer's request; or

12.1.3. Supply an equivalent Product; or

12.1.4. Pay for the cost of replacing the Product or acquiring an equivalent Product; or

12.1.5. Refund the cost of the Product in accordance with clause.

12.1.6. If the terms and conditions of this clause 9 are satisfied.

12.2. The Seller reserves the right to charge the Customer, at the Seller's current hourly rate, for the cost of examining the Product if such examination by the Seller reveals that the Product: 

12.2.1. Is not defective; or

12.2.2. Is defective as a result of any of the events specified in clause 10.

13. What the Customer must do

13.1. For the purpose of making any claim under this warranty the Customer must:

13.1.1. Immediately upon the Customer becoming aware of circumstances giving rise to a claim pursuant to clause 9.1 or 9.2 return the Product, at the Customer's expense, to the Seller;

13.1.2. The Product must be in its original condition and packaging with all original accessories and contents and a completed return receipt;

13.2. All Products for return should be sent by registered mail at the Customer's expense. The Seller does not accept liability for Products, which are lost or damaged in the mail.

13.3. The Seller reserves the right to refuse to accept and to return to the Customer any Products returned by post marked "Cash or Cheque on Delivery" or "More to Pay".

14. Refunds and Returns or Replacements

14.1. Refunds and returns or replacements do not include postage and/or handling charges and all such charges are at the expense of the Customer.

14.2. All requests for refunds will be processed within 30 business days of receipt by the Seller.

14.3. Where refunds are requested for Products paid by installments, only those installments which have been debited from the Customer will be reimbursed (less any postage and/or handling charges in accordance with paragraph 14.1).

15. Direct Email Marketing

15.1 A person or organization that provides Freeze Beverages Pty Ltd their email via an online submission or by signing up to the news letter agrees to receive Direct Email Marketing from Freeze Beverages Pty Ltd. You can always ask to remove your email address by emailing us at: info@freezebeverages.com.au

16. Waiver

16.1. No waiver by the Seller of any breach of these terms and conditions operates as a waiver of any other breach, and the doing and/or omission of any act, matter or thing whatsoever by the Seller, its employees or agents (which but for this clause ought or might amount to a waiver of the Seller's rights in respect of any such breach or default) does not operate as a waiver in any way of the Seller's rights and powers in respect of such breach or default.

17. Notices

17.1. Any notice required under this agreement must be in writing and given by post, facsimile or hand to the Seller or the Customer at the address set out in the schedule or at such other address or facsimile number as is notified in writing by one party to the other.

18. Governing law

18.1. This contract is governed by the laws of Queensland notwithstanding the place in which the Product or any of them are to be delivered. The Customer and the Seller irrevocably submit to the exclusive jurisdiction of the Courts of Queensland.

19. Whole agreement

19.1. These terms and conditions and any warranties implied by law which are not capable of being excluded or modified embody the whole agreement between the parties and, subject to the express terms contained in any written order and written acceptance thereof (which will only apply to that particular order), all previous negotiations, representations, warranties, arrangements and statements (if any), whether expressed or implied, including any collateral agreement or warranty, regarding the subject matter or the intentions of either of the parties are merged in these terms and conditions and otherwise are hereby excluded and cancelled. The Customer acknowledges that it has not been induced to enter into this agreement by any representation, advice or information given or made by or on behalf of the Seller.

20, INVOICE STATEMENT:

20.1 The Following policy (20.2) is issued on the back of all Freeze Beverages invoices.

20.2 We pride ourselves on being able to process all orders within 24 hours of receipt.

Orders are processed and shipped between regular business hours (Monday through Friday 9am – 5pm QLD Time, excluding public holidays).

Orders for same day shipping must be received by 2:00pm QLD Time.

To ensure your order is processed you should email a purchase order to orders@freezebeverages.com.au or call 1300 FREEZE (1300 373 393). 

Purchase Orders in writing may be required for some orders.

Freeze Beverages are happy to ship anywhere in Australia.  Cost of shipping can be requested when placing orders.  All parcels are calculated by “weight and destination postcode”.  Volume purchasing can generate considerable savings.

Freeze Beverages use a national freight carrier for all shipping within Australia.  The freight carrier will not insure your order against loss or damage.

Freeze Beverages advises that, while every effort is made to ensure that your order leaves our premises in full and perfect condition, we cannot accept liability for any order that does not arrive in the same condition in which it left our warehouse.

Freeze Beverages advises that it is in the customer’s best interest to personally insure all orders.

Freeze Beverages endeavours to carry all advertised products in stock.  However, we take no responsibility for any product being temporarily unavailable.  If you order an item that is not currently in stock, you will be notified within 48 hours and an estimate given of when that item might be available.

All breakages/spillage or incorrect deliveries must be reported to Freeze Beverages Pty Ltd within 24 hours on receipt of goods. Freeze Beverages will require digital photographs of the breakages/spillage to be sent via email to orders@freezebeverages.com.au

Freeze Beverages does not, currently ship outside Australia.

Freeze Beverages calculate all transactions in Australian Dollars (AUD).

FREEZE BEVERAGES PRICING POLICY

Freeze Beverages is a wholesale and distribution company, therefore to obtain wholesale pricing all orders must be placed by the case. A case consists of 6 bottles of the same item (12 bottles for Cino freeze, Coffee Syrups Margarator mates and Essences).

Freeze concentrates/syrups come in several different size bottles, mixing these different size bottles within the same box significantly increases the risk of damage and spillage whilst in transit, if additional care is taken in picking and packing these broken case orders, Freeze Beverages will apply a retail pricing level to these orders.

We will only ship in complete cases of 6 bottles, with a minimum order of one case (6 bottles).
This policy is set to provide the best service and price to all of our customers.

MARGARATOR

Freeze Beverages Pty Ltd guarantees the MargaratorÒ against defects caused by faulty workmanship and materials for 12 months domestic use (no warranty offered to commercial users) from the date of purchase. During the guarantee period, Freeze Beverages will repair any defective product. However, if the product includes a number of accessories, only the defective product or accessory will be replaced or repaired.

Freeze Beverages reserves the right to make minor repairs instead of replacing the product or accessories.

In the event of a product or accessory being replaced during the guarantee period, the guarantee on the replacement will expire 12 months after the original purchase date. This guarantee excludes defects caused by the product not being used in accordance with instructions, accidental damage, misuse or being tampered with by unauthorized persons.

If a failure or fault occurs to the appliance or accessories, please contact our Customer Care Line on 1300 732 006 to report the fault and gain assistance.

Please retain your original receipt as proof of purchase

Every request for guarantee service must be accompanied by original proof of purchase and the warranty card issued with original purchase.

Warranty is only valid for original purchase.

Freeze Beverages Pty Ltd
PO Box 48
Sumner Park QLD 4074

1300 FREEZE (1300 373 393)