Welcome to bamwine.com.au These are our Terms and Conditions for use of bamwine.com.au, which you may access in several ways, including but not limited to the web, PDAs, mobile phones and RSS feeds. These Terms and Conditions apply whenever you access bamwine.com.au, regardless of your accessibility.
1. Acceptance
Any instructions received by the Service Provider from the Client for the supply of Services and/or the Client’s acceptance of Services supplied by the Service Provider shall constitute acceptance of the Terms and Conditions contained herein.
Where more than one Client has entered into this agreement, the Clients shall be jointly and severally liable for all payments of the Rates.
Upon acceptance of these Terms and Conditions by the Client the Terms and Conditions are binding and can only be amended with the written consent of the Service Provider.
The Client undertakes to give the Service Provider at least fourteen (14) day’s notice of any change in the Client’s name, address and/or any other change in the Client’s details.
2. Term
The initial term of agreement will be as set out in a written Services Agreement Schedule or will be from the date the Services commence until 30 June or 31 December of the year following the year in which the Services commenced but no less than 12 months. For the avoidance of doubt if the Commencement Date was 1 March 2020 the initial term would be until 30 June 2021. The Agreement will be automatically renewed for successive terms of one (1) year each. Either Party may terminate this Agreement by giving to the other party not less than three (3) month’s notice in writing effective at the end of the initial term or any further term. Notwithstanding the above, the parties may terminate this Agreement on such other terms as agreed in writing. Terms stated on a signed services agreement prevails.
3. Services
The Services being provided to the Client are as per the Services set out in a written Services Agreement Schedule or in the Service Level Schedule (Services).
4. Service Level Schedule The Services being provided to the Client are as per the Services set out in a written Services Agreement Schedule or in the Service Level Schedule (Services).
5. Service Provider’s Obligations The Service Provider at its own cost shall engage and maintain workforce and material handling equipment (MHE) satisfactory in size and ability to effectively and efficiently carry out the Client’s warehousing and distribution.
6. Limit of Liability The Service Provider is not a Common Carrier and will accept no liability as such. All articles are carried or transported and all storage and other services are performed by the Service Provider subject only to these conditions and the Service Provider reserves the right to refuse the carriage or transport of articles for any person, corporation or body, and the carriage or transport of any class of articles which is not in accordance with these terms and conditions.
If the Client has a written Services Agreement Schedule with the Service Provider, and the written Services Agreement Schedule includes entitlement to Loss and Handling Damages, the terms for the Loss and Handling Damages will be as set out in the Rates. If the Client does not have a written Services Agreement Schedule with the Service Provider, the Service Provider’s liability is limited to the extent permitted by law, arising out of any one incident, for breach of warranty implied into these terms and conditions by the Australian Consumer Law or howsoever arising, to any of the following as determined by the Service Provider:
The supplying of the Services again; or The payment of the cost of having the Services supplied again. 7. Insurance It is the responsibility of the Client to insure and keep insured the goods in the name of the Client for the full insurable value of the goods whilst they are in the warehouse and whilst they are in transit to the warehouse. The insurance must be against the risks of loss or damage by fire, explosion, burglary, theft and such other risks as are normally insured against by prudent persons carrying on businesses similar to those carried on by the Client and the Service Provider and the insurer must waive any rights of subrogation against the Service Provider.
8. Statutory Requirement The Service Provider shall at all times comply with and observe all laws regulations and directions of all statutory authorities governing the conduct and operation of the Service Provider’s responsibilities undertaken pursuant to this Agreement. It is the responsibility of the Client to hold and provide a copy of a Liquor Licence as per any States’ regulation for each location. 9. Payment, Revision of Rates & Invoice Queries The provision of credit to the Client by the Service Provider for the Services, is and at all times remains at the absolute discretion of the Service Provider. Any provision of credit is subject to acceptance by the Service Provider of a credit application by the Client including trade references. The Service Provider will raise invoices weekly for Services provided to the Client. These invoices are to be paid in accordance with the Payment Terms set out in the written Services Agreement Schedule or will be due 14 days from the date of invoice. All Service Provider invoices are to be paid in full and no amount queried or claimed from the Service Provider will be set off against any invoice of the Service Provider to the Client. If the Client fails to make any payment by the due date, the Service Provider will serve the client a reminder notice that payment is due and clause 10(b) will apply. All invoice queries/claims should be addressed in writing to the Service Provider within 7 days from date of invoice or within 7 days from the date of the operational event leading to the claim. The Service Provider reserves the right to reject any claims over 14 days from date of invoice or 21 days from the date of the operational event leading to the claim. The Service Provider undertakes to investigate all claims from a Client within 14 days of receipt of said claim in writing. The outcome of the Service Provider’s investigation will be notified to the Client in writing as soon as is practicable following the investigation. Where the Service Provider investigates and the claim is accepted by the Service Provider in whole or in part, a credit note for the claim amount (or that part of the claim amount that is accepted) will be raised within 14 days of notification of the outcome of investigation. Where the Service Provider investigates and the claim is not accepted by the Service Provider, steps three and four of the Dispute Resolution Process apply. 10. Default Subject to clause 10(b), in the event that a party alleges that the other party is in breach of these terms and conditions the Dispute Resolution process in clause 11, applies. If the matter or matters cannot be resolved between the parties in accordance with the Dispute Resolution process, the party not in default shall serve a notice upon the defaulting party setting out the manner in which the defaulting party is not fulfilling its obligations. Such notice shall specify the details of the default and request that they be remedied within 7 days. If the default details are not resolved to the reasonable satisfaction of the party not in default, then a termination notice of 60 days may be served by that party. If the default is the failure by the Client to pay an invoice of the Service Provider, and the Client does not remedy the default within 7 days of receipt of the notice issued by the Service Provider in accordance with clause 9(d), then, the Service Provider may: (a) charge interest on all overdue payments at two per cent (2%) per month from the due date until the date of payment (or otherwise as allowed under the law), and either (b) suspend all Services provided and executed as defined in the services agreement or Service Level Schedule; or immediately terminate this agreement without further notice to the Client. 11. Dispute Resolution In the event of a dispute arising between the two parties the following dispute resolution process will be referred to:
Step one: a solution to the dispute will be sought where it originated, at the local operational level between the State Operations Manager or representative. Step two: should the dispute remain unresolved by the end of a further week, then it will be elevated to the attention of the Service Provider’s Account Manager. Step three: should the dispute remain unresolved by the end of a further week, then it will be elevated to the parties’ General Managers. Step four: should the dispute remain unresolved by the end of a further week the parties will refer the matter to the mediation of a mediator to be agreed by the parties or, failing such agreement, by a mediator appointed by the Chairman of the Melbourne brand of LEADR “the Mediator”: The parties must jointly appoint the Mediator; The parties must observe the instructions of the Mediator about the conduct of mediation; If the dispute is not resolved in 21 days after Mediator is appointed or any other time that the parties agree to in writing, the mediation will cease; The parties agree to share the cost equally of any mediation as described above. Both parties must continue to observe this Agreement during the currency of any dispute resolution procedure. 12. Unpaid Service Provider’s Rights
