Terms of Service

1. Agreement

These terms apply to all goods supplied and services provided by Kassem Enterprises Pty Ltd ("we", "us", "our") to you ("the Client"), unless we agree in writing to vary them. Where a written quotation or order confirmation is issued, it forms part of the agreement together with these terms. If there is any inconsistency, the quotation or order confirmation prevails to the extent of the inconsistency.

2. Definitions

• Goods means any products we supply to you, whether sourced, traded, warehoused or distributed on your behalf.
• Services means wholesale trading, sourcing, import coordination, warehousing, distribution and related logistics services we agree to provide.
• Order means a request for Goods or Services that we accept in writing.
• Business Day means a day other than a weekend or public holiday in Victoria, Australia.

3. Quotes and Orders

• Quotes are valid for 14 days from the date of issue unless otherwise stated, and are subject to availability of stock and supplier terms.
• An Order is binding only once we confirm it in writing. We may decline any Order at our discretion.
• You are responsible for the accuracy of specifications, quantities and delivery details provided in an Order.
• Minor variations in quantities or specifications consistent with industry practice do not constitute a breach of these terms.

4. Prices and Payment

• Prices are stated in Australian dollars and are exclusive of GST unless expressly stated otherwise. GST is payable in addition at the prevailing rate.
• Unless we agree otherwise in writing, payment terms are 14 days from the date of our tax invoice.
• We may require a deposit or payment in advance before accepting or fulfilling an Order.
• We reserve the right to adjust prices to reflect changes in supplier costs, freight, currency movements or taxes between quotation and delivery. We will notify you of any adjustment before proceeding.
• Overdue amounts may attract interest at 1.5% per month, and we may suspend further supplies until overdue amounts are paid in full.

5. Delivery and Risk

• Delivery times are estimates only and are not guaranteed. We are not liable for delays caused by suppliers, carriers, customs or events beyond our reasonable control.
• Risk in Goods passes to you on delivery to the address you nominate, or on collection by or for you.
• You must inspect Goods on delivery and notify us of any shortage, damage or defect within 7 days of delivery. If you do not notify us within that period, the Goods are deemed accepted.
• We may deliver Orders in instalments. Each instalment is treated as a separate supply for payment purposes.

6. Title

Legal and equitable title in Goods remains with us until we have received payment in full for those Goods and all other amounts owed by you to us. Until title passes, you must store the Goods separately, keep them insured, and not dispose of them except in the ordinary course of your business. If you sell the Goods before title passes, you hold the proceeds of sale on trust for us to the extent of the unpaid amount.

7. Consumer Guarantees

Nothing in these terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth), or any other applicable law that cannot lawfully be excluded, restricted or modified.

Where the Australian Consumer Law applies and we supply Goods or Services to you as a consumer within the meaning of that law, our Goods and Services come with guarantees that cannot be excluded. Our liability for a failure to comply with a consumer guarantee is limited, to the extent permitted by law, as follows: for Goods, to the replacement of the Goods, the supply of equivalent Goods, the repair of the Goods, the payment of the cost of replacing the Goods, the payment of the cost of obtaining equivalent Goods, or the payment of the cost of repairing the Goods; and for Services, to the supplying of the Services again or the payment of the cost of having the Services supplied again.

8. Business Supply and Limitation of Liability

To the fullest extent permitted by law, and except where the Australian Consumer Law consumer guarantees apply:

• We make no representations or warranties regarding Goods or Services beyond those expressly stated in writing by us.
• We are not liable for indirect, incidental, special or consequential loss, including loss of profits, loss of revenue, loss of business opportunity or loss of data.
• Our total aggregate liability arising out of or in connection with any Order is limited to the amount you actually paid to us for the Goods or Services giving rise to the claim.
• You are responsible for confirming that Goods you purchase are suitable for your intended use, and for compliance with any laws, licences or permits applicable to your onward sale or use of the Goods.

9. Indemnity

You indemnify us against all claims, losses, damages, costs and expenses arising from your breach of these terms, your misuse of the Goods, or any untrue or incomplete information you provide to us, except to the extent caused by our negligence or breach of these terms.

10. Returns

Returns of correctly supplied Goods are accepted only with our prior written approval and may be subject to a restocking fee. Perishable, custom-sourced and clearance Goods are not returnable unless required by law. Where a consumer guarantee under the Australian Consumer Law applies, we will provide the remedy to which you are entitled at no cost to you.

11. Force Majeure

We are not liable for failure or delay in performance caused by events beyond our reasonable control, including natural disasters, strikes, supply chain disruptions, port congestion, customs delays, government action or failures of utilities or communications networks. We will notify you promptly and use reasonable endeavours to mitigate the effect of such events.

12. Privacy

We handle personal information in accordance with our Privacy Policy and the Privacy Act 1988 (Cth). The Privacy Policy forms part of these terms.

13. Termination

Either party may terminate an accepted Order before delivery by written notice, provided you pay all costs we have reasonably incurred up to the date of termination, including supplier commitments and freight. We may suspend or terminate supply immediately if you fail to pay amounts when due, become insolvent, or breach these terms and fail to remedy the breach within 7 days of notice.

14. General

• These terms are governed by the laws of Victoria, Australia, and the parties submit to the non-exclusive jurisdiction of the courts of Victoria.
• If any provision is held invalid or unenforceable, the remaining provisions continue in full force.
• Our failure to enforce any right is not a waiver of that right.
• You may not assign your rights under these terms without our prior written consent.
• We may update these terms from time to time. The version published on this website at the time of your Order applies to that Order.

15. Contact

Questions about these Terms of Service can be directed to:

Kassem Enterprises Pty Ltd
ABN 78 703 156 245
Melbourne VIC, Australia
Email: ceo@kassementerprises.online
Website: kassementerprises.online

You may also wish to review our Privacy Policy, or start a request via our Quote page.