Grillo – terms and conditions of sale – business

Grillo AU – Terms and conditions of Sale to Business

The following important terms and conditions apply to this contract.  Please read them carefully before you order.

If anything is not clear please do contact us and we are happy to provide further information including a written response to any queries.

Note: these terms apply to contracts made with businesses and re-sellers who are not Consumers as defined in Australian Consumer Law). If you are contracting as a Consumer or private individual please see www.grilloliving.com.au/terms-of-sale-consumers

1. Definitions

In these terms and conditions, the following words and phrases shall have the following meanings:

• ‘Goods’ includes goods or products supplied or supplied and installed.
• ‘Grillo’, ‘We’, ‘us’ or ‘our’ means GRILLO LIVING AU PTY LTD,
• ‘Conditions’: the terms and conditions set out in this document.
• ‘Contract’: the contract between Grillo Living AU Pty Ltd. and the Customer for the sale and purchase of the Goods in accordance with these Conditions
• ‘Customer’, ‘You’ or ‘your’ means the person firm or organisation who purchases the Goods from us.
• ‘Delivery Area’ – this is the area referred to on the Delivery and Installations page on the website relating to the delivery and installation cost quoted. Additional charges apply outside of this area.
• ‘Order Confirmation’ is the email or letter or proforma invoice sent to you confirming our acceptance of the order and the Proposal the order is based on together with any additional information you may need.
• ‘Proposal’ is the Proposal provided on our website or sent to you by us giving details of the proposed Goods we will supply. Where there has been more than one proposal sent to you the proposal number will be quoted in the order confirmation or a copy will be provided.
• ‘Satisfactorily Completed’ means finished to a standard that any reasonable person would consider acceptable.

2. Who are we?

• • Grillo Living AU Pty Ltd is a company registered in Australia with ACN number 664 006 731.
  • Registered office is at: 183 Little Malop St, Geelong, Victoria 3220 Australia
  • Trading and contact address is: 176 Paramount Boulevard, Derrimut, Victoria 3026, Australia
  • e-mail: au.info@grilloliving.com or telephone 1300 95 75 85
  • We are normally open Monday to Friday only.
  • “Grillo” is a trading name of “Grillo Living AU Pty Ltd”
  • Our ABN number is: 37 664 006 731
  • Our website is at: grilloliving.com.au

3. Introduction

3.1       If you buy Goods from us you agree to be legally bound by this contract and these terms.

3.2       When buying any Goods you also agree to be legally bound by:

3.2.1     Details and specific terms which apply to your order that are set out in the Proposal

3.2.2     Other details that have been agreed and are confirmed in writing in the Order Confirmation.

3.2.3     Requirements for safety including those in the Safety Instructions

• Our Privacy Policy at grilloliving.com.au/privacy-policy/
• These documents form part of this contract as though set out in full here.

3.3      These Conditions apply to the Contract to the exclusion of any and all other terms that the Customer may seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.

4. Information we give you

4.1       We will give you certain key information before a legally binding contract between you and us is made. We will give you this information in a clear and understandable way. Typically, we will do this in a written Proposal before you buy the Goods from us. Some of this information is likely to be obvious from the context. Some of this information is also set out in this contract, such as the company and contact details above, and details of our warranty contact information in clause 11.2

4.2       The key information we give you by law forms part of this contract (as though it is set out in full here).

4.3       Once the contract is made we will only change any key information if you agree to it. Any changes to the key information will be confirmed in writing or by e-mail.

5. Your privacy and personal information

5.1       Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a complaint or query about the use of your personal information.

5.2       Our Privacy Policy is available at https://www.grilloliving.com.au/privacy-policy/

6. Ordering Goods from us

Below, we have set out for your information how a legally binding contract between you and us is made:

6.1       The Proposal or any other information or quotation given to you by us or provided online before you make an order for Goods is not a binding offer by us to supply such Goods.

6.2       When you decide to place an order for Goods with us, this is when you offer to buy such Goods from us.

6.3       When you place your order with us, we will carefully check the details and will normally issue an Order Confirmation promptly by e-mail or post. If we have any queries or in the unlikely event of any changes being needed (for example if we need to change any details regarding products or installation dates) we will contact you as soon as possible by telephone or email. Once we have confirmed that you are happy we will send you an Order Confirmation which includes these details.

6.4       The contract is binding once the Order Confirmation is sent out and we will start the detailed design and production of the Goods ready to deliver and/or install them for you.

7. Delivery, Installation Title & Risk

• The time(s) and date(s) for delivery, and for installation where applicable, will be selected online prior to your order or arranged with you by phone or email within the period shown on the Proposal and Order Confirmation.

7.2       If you have any questions please contact us using the details shown at (2) above.

7.3       If anything should happen which is outside of our control, and affects the estimated date of delivery and installation we will let you know as soon as possible and rearrange this with you and confirm it by email. Grillo do not accept liability for any delays caused by circumstances outside of our control.

7.4       Delivery of the Goods will take place when we deliver them to the address that you gave to us, and if we are installing the Goods for you the order will be regarded as completed as soon as installation has been Satisfactorily Completed.

7.5       If a mains gas, electrical, or water/waste water connection is required by the Customer these are not included unless specifically stated within the Proposal and Order Confirmation and You will need to arrange these separately with suitably qualified and certified persons.

7.6       You are responsible for the Goods when delivery has taken place. In other words, the risk in the Goods passes to you on delivery whether or not the Goods have been installed.

7.7       If you request that Grillo ship the Goods to an address outside of the Delivery Area you agree to be responsible for the extra costs involved.

7.8       We reserve the right to refuse any export orders or delivery to remote locations. If accepted extra charges such as shipping, export paperwork, duty and taxes etc. would be payable and it may not be possible to cancel or return Goods.

• Title to the Goods shall not pass to the Customer until Grillo has received payment in full (in cleared funds) for the Goods.
• If before title to the Goods passes to the Customer, the Customer’s financial position deteriorates to such an extent that, in the opinion of Grillo, the Customer’s capability to make payment has been placed in jeopardy, Grillo shall be entitled to recover possession of the Goods and for that purpose the Customer authorises Grillo to enter any premises of the Customer, or any third party, where the Goods are stored in order to recover them.

8.Payment and Price

8.1       We accept payment by bank transfer, Visa or MasterCard credit cards and debit cards, and cash up to a certain monetary limit only (please enquire).

8.2       Payment is required as follows, unless other terms are set out in the Proposal or agreed in writing:

8.2.1     For website orders of in-stock Goods payment is required in full at point of order and delivery will be arranged within 10 working days unless clearly stated otherwise.

8.2.2     For orders placed by phone and/or email or for bespoke Goods other payment terms may apply but payment is required in full prior to delivery.

8.3       The price of the Goods will be as shown on the Proposal and confirmed in the Order Confirmation including the following details:

8.3.1     The total price, and the total including GST at the applicable rate.

8.3.2     All charges for delivery at the address shown, subject to clause 8.3.4

8.3.3     Charges for installation if Grillo are providing this service.

8.3.4     (Note: unless otherwise stated prices quoted for delivery and installation assume the address is in the Delivery Area shown at ground level with normal access. If this is not the case extra charges will apply – please ask for a quotation before ordering.)

If you have questions or anything is not clear please contact us for clarification as we want everything to be clear to you.

• In the event of failure to make any payments on the due date, Grillo reserves the right to charge interest on the overdue amount at the rate of 4% per annum above the current RBA cash rate or as allowed by law. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgment. The Customer shall pay the interest together with the overdue amount and any discount provided for on Grillo’s invoice(s) shall be cancelled.
• Grillo reserves the right, at any time prior to delivery of the Goods, to increase the price of the Goods or add further charges, on giving notice to the Customer, to reflect any increase in the cost of the Goods that is due to:
  • any request by the Customer or the Customer’s agent employee or subcontractor to change the delivery and/or installation date(s) or location(s), and/or the quantities or types of Goods ordered; or
  • any delay caused by the Customer or the Customer’s agent employee or subcontractor, directly or indirectly, or failure of the Customer to give Grillo adequate or accurate information or instructions, or
  • circumstances or requirements that are not the fault of Grillo that prevent Grillo from installing the Goods and/or access to the site not being available at any time(s) during normal working hours on the agreed scheduled dates, or
  • any requirement for Grillo to obtain or provide extra insurance and/or security and/or facilities and/or additional contracts or paperwork and/or induction and/or other such like expenses not allowed for in the Proposal.
  • Any of the requirements in clauses 4 to 10.10 not being met.

9. Nature of the goods

• We will ensure, so far as is reasonable, that the Goods supplied:
  • are of satisfactory quality
  • are fit for normal use (please bring any specific requirements to our attention in writing prior to placing your order)
  • match the description, sample or model, (subject to reasonable variation of colour and finish with natural materials) and

are installed properly (if we are installing the Goods)

9.2  Any Goods sold at discount prices or such as “ex-demo” stock that has for example been previously installed in a display will be clearly identified and sold as such. Please check that any such Goods are of a satisfactory quality for their intended use.

9.3 In the unlikely event of our being unable to supply certain Goods we may need to substitute them with alternative Goods of equal or better standard and value. We would always discuss this with you first and make sure you are happy.

10. Additional Customer requirements

Please read the following carefully and contact us if any questions.

As part of this contract the Customer undertakes to:

10.1  carefully read and follow all safety and other instructions supplied by Grillo, the manufacturers of other Goods supplied, and government and Health & Safety guidance, including guidance for the safe use and storage of gas bottles and appliances such as https://esv.vic.gov.au/safety-education/gas-safety-outdoors/using-lpg-safely/

10.2  ensure that barbecues, firepits, grills and all heating and/or cooking appliances are always attended by a competent person who will also ensure that other persons, pets and flammable materials etc. are kept away from surfaces that are or could become hot and other risks, and that all food is properly cooked.

• take precautions in event of extreme weather conditions to ensure the installation is suitably protected from all risks including wind and water and anchored as needed with separate items and accessories removed.

10.4 ensure that all and any needed permissions for the installation and use of the Good(s) have been obtained from any parties who may need to give this (possibilities include for example landlords, local council planning or building regulations, environmental health and fire authorities, etc.) and fire and other risk assessments carried out. In case of doubt as to whether any permissions may be needed professional advice should be sought.

10.5 ensure that the site chosen is a safe distance from any flammable materials and free from other hazards. It is important to carefully consider all risks including for example timber or plastic cladding, thatched roof, living wall, oil tank, insulation, anything that could get hot or catch fire including materials that may be hidden.

10.6 ensure (if the kitchen is to be installed on a surface that is already prepared) that any prepared surface is flat and square and plumb and non-flammable.

10.7 ensure (if there has not been a site visit by Grillo to measure up) that all information measurements and requirements given to Grillo are correct and accurate

10.8 provide Grillo and whoever is installing the kitchen with details of any visible or hidden water gas electricity or other services in the vicinity of the site or any asbestos or other hazards.

10.9 be available at the agreed time to accept handover of the installed kitchen or delivery

10.10 ensure that payment is received by Grillo on time and in accordance with the agreed arrangements

10.11 ensure, where the Customer is not the end-user, that all safety instructions and requirements set out in these Terms are passed on to the end-user of the Goods.

11. Warranty and Liability

11.1 Grillo undertake to provide the following y against defective materials and workmanship:

11.1.1  Kitchen structure and structural materials – 3 years from invoice date.

11.1.2  Barbecues, appliances, sinks/taps and other accessories – manufacturers’ warranty applies.

11.2 The warranty is only valid where the product has not been modified, relocated or changed in any way.

We undertake to rectify free of charge any material fault which develops within the period shown above, so far as is reasonable, other than wearing parts or anything caused by unfair wear and tear or natural weathering and aging. Corrosion and related damage is excluded where kitchens are installed in coastal areas or in event of flooding.

If you have any queries or concerns regarding the Goods supplied and/or installed or our service or any other matter relating, do not hesitate to contact us on 1300 75 95 85 or email au.info@grilloliving.com  or contact us at 176 Paramount Boulevard, Derrimut, Victoria 3026 and we will promptly attend to any query or concern you may have.

Please note that natural materials and other finishes may vary in colour due to differences in grain and shade and that materials such as stone and wood may naturally season and age or weather over time.

11.3 We would like you to register your Grillo Outdoor Kitchen on our online Kitchen Register at https://grilloliving.com.au/register-warranty/   as this makes it very easy for us to find the required proof of purchase should you ever need to contact us under this warranty.

• Except as expressly stated in these Conditions, we do not give any representations, warranties or undertakings in relation to the Goods. Any representation, condition or warranty which might be implied or incorporated into these Conditions by statute, common law or otherwise is excluded to the fullest extent permitted by law.
• Nothing in these Conditions shall limit or exclude our liability for:
  • death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
  • fraud or fraudulent misrepresentation;
  • any matter arising under applicable laws relating to the protection of personal information
  • any matter in respect of which it would be unlawful for us to exclude or restrict liability
• Subject to clause 5 we shall under no circumstances whatsoever be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any of the following:
  • loss of profits,
  • loss of business,
  • loss of revenue,
  • loss of business opportunity,
  • loss of anticipated savings,
  • loss of goodwill,
  • any indirect loss,
  • any consequential loss,

arising under or in connection with the Contract.

• Subject to clause 5, our total aggregate liability to the Customer (regardless of whether such liability arises in tort (including negligence), contract, breach of statutory duty or in any other way and whether or not caused by negligence or misrepresentation), arising under or in connection with the Contract shall in no circumstances exceed the price of the individual Goods and/or services giving rise to the liability.

12. Law and Jurisdiction

Australian law & jurisdiction applies.

13. Third party rights

No one other than a party to this contract has any right to enforce any term of this contract.

14. Termination

14. • Without limiting its other rights or remedies, Grillo may terminate the Contract with immediate effect by giving notice to the Customer if the Customer fails to pay any amount due under the Contract on the due date for payment.
    • On termination of the Contract for any reason the Customer shall immediately pay to Grillo all of Grillo’s outstanding unpaid invoices and interest.
    • Termination of the Contract shall not affect any of the parties’ rights and remedies that have accrued as at termination, including the right to claim damages in respect of any breach of the Contract that existed at or before the date of termination.
    • Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination shall remain in full force and effect.

15. Waiver

No failure or delay by us to exercise any right or remedy provided under these Conditions or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

16. Severance

If any provision or part-provision of these Conditions is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause 16 shall not affect the validity and enforceability of the rest of these Conditions.

17. Variation

No variation of the Contract, unless provided for in these Conditions, shall be effective unless it is in writing and signed by a company director or a senior manager of Grillo and an authorised representative of the Customer.

18. Entire Agreement

These Conditions, together with the documents and information referred to in clause 3.2 constitute the entire agreement between the parties.

© Grillo Living AU Pty Ltd. Issue GABT223