Terms & Conditions

1. These terms

These terms and conditions ("Terms") govern your use of the website at nextradebeveragestec.site and, where they are incorporated into a quotation, order confirmation or trading account, the supply of goods and services by Nextrade Beverages Pty Ltd (ABN 95 701 411 501, ACN 701 411 501) ("Nextrade Beverages", "we", "us", "our").

By accessing this website you accept these Terms. If you do not accept them, please do not use the website.

Where we issue a written quotation, order confirmation or trading agreement, that document governs the supply concerned. If there is any inconsistency between such a document and these Terms, the specific document prevails to the extent of the inconsistency.

2. Nature of our business

We are a wholesaler and distributor of packaged beverages. We supply goods and services to businesses acquiring them for the purposes of resale, further supply, or use in a business. This website is an information resource; it is not an online store, it does not accept orders, and it does not process payments.

Nothing on this website constitutes an offer capable of acceptance. Product availability, specification and pricing are confirmed only in a written quotation or order confirmation issued by us.

3. Quotations, orders and pricing

Quotations are valid for the period stated on them or, if no period is stated, for 14 days from issue.
Quoted prices are subject to product availability at the time of order and, unless stated otherwise, are exclusive of GST.
An order is accepted only when we issue a written order confirmation. Until then we may decline an order or withdraw a quotation.
Prices for imported lines may be affected by exchange rates, freight rates and duties. Where a quotation is subject to such a variation, we will say so on the quotation.
Minimum order quantities, pack configurations and delivery charges are stated on the relevant quotation.

4. Delivery, title and risk

Delivery dates and windows are estimates given in good faith. Time is not of the essence unless we agree otherwise in writing.
You must ensure the delivery site is accessible at the agreed time and is suitable for the vehicle and unloading method stated in the order confirmation. Costs arising from a failed or refused delivery may be charged to you.
Risk in the goods passes to you on delivery to the nominated address or to a carrier nominated by you.
Title in the goods does not pass to you until we have received payment in full of all amounts owing to us on any account. Until title passes, you hold the goods as bailee, must store them so they are identifiable as ours, and must not encumber them.
You must inspect goods on delivery. Shortages, incorrect items or visible damage must be noted on the delivery documentation and reported to us within 48 hours of delivery.

5. Payment

Payment terms are those stated on the invoice or in your trading account terms. Where credit has not been approved, payment is required before goods are released. We may suspend supply or withhold delivery while any amount is overdue, and may recover reasonable costs of recovering an overdue debt.

6. Product information, storage and shelf life

Product descriptions, ingredient statements, nutrition information and images originate from producers and suppliers. We take reasonable care to pass this information on accurately, but formulations and packaging change and you should check the product itself and its label before further supply.

You are responsible for storing, handling and displaying goods after delivery in accordance with the storage conditions stated on the packaging, and for complying with your own obligations under applicable food safety and labelling law when you resell them.

Where a batch is subject to a producer withdrawal or recall, you must cooperate promptly with us in identifying and quarantining affected stock.

7. Returns

Correctly supplied goods that conform to specification are not returnable for change of mind unless we agree in writing, in which case a restocking charge may apply and goods must be returned unopened, in original packaging, in resaleable condition and with adequate remaining shelf life. Nothing in this clause limits your rights under clause 8.

8. Australian Consumer Law

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law, contained in Schedule 2 to the Competition and Consumer Act 2010 (Cth).

Where the Australian Consumer Law applies to a supply, and to the extent it applies, nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred by that law, and any provision of these Terms that would do so is of no effect to that extent.

Where goods or services supplied by us are not of a kind ordinarily acquired for personal, domestic or household use or consumption, and it is fair and reasonable for us to do so, our liability for a failure to comply with a consumer guarantee (other than a guarantee under sections 51 to 53 of the Australian Consumer Law) is limited, at our option, to:

in the case of goods — replacing the goods or supplying equivalent goods, repairing the goods, paying the cost of replacing the goods or acquiring equivalent goods, or paying the cost of having the goods repaired; and
in the case of services — supplying the services again, or paying the cost of having the services supplied again.

9. Limitation of liability

Subject always to clause 8, and to the extent permitted by law:

we are not liable for any indirect, incidental, special or consequential loss, or for loss of profit, revenue, anticipated savings, business opportunity, goodwill or data, however arising;
our total aggregate liability arising out of or in connection with a supply is limited to the amount paid by you to us for the goods or services giving rise to the claim;
we are not liable for any loss arising from your failure to store, handle, display or resell goods in accordance with the product labelling and applicable law;
we are not liable for any loss arising from reliance on information published on this website, which is provided for general information only and may not be current.

Our liability is reduced to the extent that any act or omission by you or your personnel contributed to the loss.

10. Force majeure

We are not liable for any failure or delay in performing our obligations caused by an event beyond our reasonable control, including natural events, fire, flood, epidemic, industrial action, transport or port disruption, failure of a producer or supplier, energy or telecommunications failure, or an act of a government or regulator. If such an event continues for more than 60 days, either party may terminate the affected order by written notice.

11. Intellectual property

All content on this website — including text, layout, code, stylesheets, illustrations, graphics, the "NB" wordmark and the arrangement of them — is owned by or licensed to Nextrade Beverages Pty Ltd and is protected by the Copyright Act 1968 (Cth) and other applicable laws.

You may view this website and print or download extracts for your own internal business use in evaluating our services. You must not otherwise reproduce, republish, adapt, distribute or commercially exploit any part of this website without our prior written consent.

Third-party product names, brands and trade marks referred to on this website remain the property of their respective owners. Their appearance does not imply any endorsement of us by those owners.

12. Acceptable use of this website

You must not use this website in any way that is unlawful, or that interferes with its operation or security. Without limiting that, you must not attempt to gain unauthorised access to the website or its hosting infrastructure, introduce malicious code, harvest data from it by automated means, or use it to transmit unsolicited commercial messages.

The website is provided on an "as is" and "as available" basis. We do not warrant that it will be uninterrupted or error-free, and we may modify, suspend or withdraw any part of it without notice.

13. Third-party links

This website does not embed third-party content. If we ever link to an external site, that link is provided for convenience only and does not imply endorsement. We are not responsible for the content, availability or privacy practices of any external site.

14. Termination and suspension

We may suspend or terminate your access to this website, and may suspend supply or terminate a trading account, if you breach these Terms or your trading terms, if any amount owing to us is overdue, or if you become insolvent, enter external administration or are unable to pay your debts as they fall due.

Termination does not affect any right or liability that accrued before it, and clauses 4 (title and risk), 8, 9, 11 and 16 survive termination.

15. General

Variation. We may amend these Terms at any time by publishing an updated version on this page. The version in force when an order is confirmed applies to that order.
Assignment. You may not assign your rights under these Terms without our written consent. We may assign ours on notice to you.
Severance. If a provision of these Terms is unenforceable, it is to be read down or severed to the minimum extent necessary, and the remaining provisions continue in force.
Waiver. A failure or delay by us in exercising a right is not a waiver of that right.
Entire agreement. These Terms, together with any quotation, order confirmation or trading agreement, record the entire agreement between us on their subject matter.

16. Governing law and jurisdiction

These Terms, and any dispute or claim arising out of or in connection with them or their subject matter, are governed by the laws of the State of Victoria, Australia, and the Commonwealth laws applicable in Victoria.

You and we submit to the non-exclusive jurisdiction of the courts of Victoria and of the courts competent to hear appeals from them.

17. Contact

Questions about these Terms should be addressed to:

Nextrade Beverages Pty Ltd
ABN 95 701 411 501 · ACN 701 411 501
Melbourne, VIC 3000, Australia
[email protected]