Terms of service

1. Who these terms are between

These terms of service are between you and Nardi Fresh Produce Pty Ltd (ABN 99 701 500 683, ACN 701 500 683), an Australian proprietary company based in North Geelong, Victoria (VIC) 3215. In these terms, "we", "us" and "our" refer to Nardi Fresh Produce Pty Ltd, and "you" refers to the person or business using this website or buying produce from us.

By using this website, or by placing an order with us, you accept these terms. If you do not accept them, please do not use the site or place an order.

Where we have signed a separate written supply agreement or credit agreement with you, that document prevails over these terms to the extent of any inconsistency.

2. Use of this website

This website is provided for general information about our business and the produce we supply. We try to keep it accurate and current, but the content is general in nature and may change without notice. Nothing on this site is an offer capable of acceptance, and nothing on it is professional, food safety or dietary advice.

You agree not to use this site in a way that breaches any law, interferes with its operation or security, or attempts to gain unauthorised access to any system connected to it.

Availability of the site is not guaranteed. We may change, suspend or withdraw any part of it at any time.

3. Quotes, orders and pricing

Prices for fresh produce move with the market and the season. Any price we quote is valid only for the period stated in the quote and for the quantities quoted. Where no period is stated, a quote is valid for the ordering period to which it relates.

An order is not binding on us until we accept it. We accept an order by confirming it to you or by picking and dispatching it. We may decline an order, or supply a reduced quantity, where a line is unavailable, where the produce does not meet our own quality assessment on the day, or where your account is outside its credit terms.

Where a line ordered is unavailable or below standard, we will contact you before dispatch to offer a substitute or to remove it from the order. Substitutions are not made without your agreement, other than where we have an existing written instruction from you to do so.

Unless stated otherwise, prices are exclusive of GST, which will be added where applicable. Prices are quoted per unit, case or half-case as set out in the quote.

4. Delivery, title and risk

Delivery days and windows are agreed when your account is opened and may be varied by agreement. We will make reasonable efforts to deliver within the agreed window, but delivery times are estimates and are not guaranteed. We are not liable for delays caused by matters outside our reasonable control, including weather, traffic, road closures, vehicle breakdown, or supply failures at the grower or market level.

You must ensure that someone is available to receive and check the delivery at the agreed address, and that suitable refrigerated storage is available immediately on delivery. Where you instruct us to leave produce unattended, risk in that produce passes to you on delivery to the nominated point, and we are not responsible for deterioration afterwards.

Risk in the produce passes to you on delivery. Title to the produce does not pass to you until we have received payment in full of all amounts owing on your account. Until title passes, you hold the produce as our bailee.

5. Produce quality and claims

Fresh produce is a perishable, natural product. Size, colour, weight, appearance and shelf life vary between growers, batches and seasons, and produce must be stored correctly from the moment it is delivered.

Please check produce on delivery. Any claim about the quantity, condition or quality of a delivery must be made to us as soon as reasonably possible after delivery, and in any event within 24 hours, so that the produce can be inspected while its condition can still be assessed. Where a claim is accepted, we will replace the affected produce on the next available run or issue a credit to your account.

Nothing in this section limits any right you have under the Australian Consumer Law, including the consumer guarantees described in section 6.

6. 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 you are a "consumer" for the purposes of the Australian Consumer Law, you are entitled to a replacement or refund for a major failure and to compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if they fail to be of acceptable quality and the failure does not amount to a major failure.

Nothing in these terms excludes, restricts or modifies any guarantee, right or remedy you have under the Australian Consumer Law or any other law where doing so would be unlawful.

Where the Australian Consumer Law permits us to limit our liability for a breach of a guarantee — which includes goods and services not ordinarily acquired for personal, domestic or household use or consumption — our liability is limited, at our option, to replacing the goods, supplying equivalent goods, or paying the cost of replacing the goods or acquiring equivalent goods.

7. Payment

Invoices are payable in accordance with the terms shown on the invoice or agreed in writing for your account. Where no terms are agreed, invoices are payable within 14 days of the invoice date.

If an account falls overdue, we may withhold further deliveries, place the account on hold, require payment before dispatch, and recover reasonable costs incurred in collecting the amount owing. Any credit facility we extend is offered at our discretion and may be varied or withdrawn on notice.

You must pay invoiced amounts in full without set-off or deduction, other than an amount we have agreed to credit.

8. Limitation of liability

Subject to section 6, and to the maximum extent permitted by law:

• our total liability to you arising out of or in connection with the supply of produce, these terms or this website is limited, in aggregate, to the amount you paid us for the produce giving rise to the claim;
• we are not liable for indirect or consequential loss, loss of profit, loss of revenue, loss of anticipated savings, loss of business opportunity, loss of goodwill, or loss arising from business interruption; and
• we are not liable for loss or damage caused by your failure to store, handle, prepare or use produce correctly after delivery, or by your failure to follow reasonable handling instructions.

Our liability is reduced to the extent that your act or omission, or that of a person acting for you, caused or contributed to the loss.

9. Intellectual property

All content on this website — including text, page layout, styling, inline illustrations, the arrangement of material and the name and mark of Nardi Fresh Produce Pty Ltd — is owned by or licensed to us and is protected by the Copyright Act 1968 (Cth) and other applicable laws.

You may view this site and print or download extracts for your own internal business purposes. You may not reproduce, republish, adapt, distribute or commercially exploit any part of it without our prior written consent, and you may not use our name or mark in a way that suggests an association or endorsement that does not exist.

10. Suspension and termination

Either of us may end a supply arrangement by giving reasonable written notice to the other. Ending the arrangement does not affect orders already accepted, or any amount already owing.

We may suspend supply or close an account immediately, without notice, if you fail to pay an amount when due, breach these terms and do not remedy the breach within a reasonable time after being asked to, or become insolvent, enter external administration or cease trading.

We may also restrict or terminate your access to this website at any time if we reasonably consider that it is being misused.

Sections 4 (title and risk), 8 (limitation of liability), 9 (intellectual property) and 12 (governing law) survive the end of any supply arrangement.

11. General

If any provision of these terms is found to be invalid or unenforceable, it is to be read down to the extent necessary, or severed, and the remaining provisions continue in force.

A failure or delay by us in exercising a right under these terms is not a waiver of that right, and a single or partial exercise does not prevent any further exercise of it.

You may not assign or transfer your rights under these terms without our written consent. We may assign our rights on notice to you.

We may amend these terms from time to time. The version published on this page at the time you place an order is the version that applies to that order.

12. Governing law and jurisdiction

These terms, and any contract for the supply of produce formed under them, are governed by the laws of the State of Victoria (VIC), Australia.

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

Questions about these terms can be sent to [email protected].