Terms & Conditions
COMPANY means My Coffee Capsule Pty Ltd ABN 72 091 681 122
MCC means My Coffee Capsule Pty Ltd ABN 72 091 681 122
SUPPLIER means My Coffee Capsule Pty Ltd ABN 72 091 681 122
PRODUCTS mean all goods and services for sale by the COMPANY
CUSTOMER means the person or entity enquiring or purchasing the PRODUCTS
PRICE means the selling price of the PRODUCTS including tax and any cost component
CONFIDENTIAL INFORMATION: means the confidential, proprietary and commercially-sensitive information of the Supplier and its officers, directors, employees, contractors and agents (irrespective of the form and manner in which the information is disclosed, or the time of disclosure) including information which: (i) is identified by the Supplier as confidential or ought to have been known by the Buyer to be confidential; (ii) relates to the business affairs and practices of the Supplier and its affiliates including (without limitation) financial information, business opportunities, business plans, business processes and methodologies, product innovation and product ranges, information relating to clients and suppliers; (iii) the terms and conditions of the Quotation/Purchase Order; and (iv) any specifications relating to the Products, but does not include the information which is, or comes into, the public domain other than by a breach of these Terms, or which is independently known to the Buyer as evidenced by its written records
AGREEMENT: the terms contained in these Terms and Conditions
These Terms & Conditions (hereafter T&C) are the Agreement between the Company and the Customer.
A - CUSTOMER ACKNOWLEDGMENTS:
- The Customer acknowledges that the Company is only a reseller for Capsul’in Pro S.A. the proprietors of the Capsul'in brand and its Products as well as the Products of other companies for which MCC is the reseller. The company and/or its resellers will not be liable to the Customer for any defects in the Products of these Companies.
- The Customer acknowledges that all express or implied conditions, statements, representations or warranties relating to any attribute of the Products are excluded from this Agreement to the extent permitted by law.
- The Customer acknowledges that representations, statements, terms and conditions not embodied in these T&Cs are expressly excluded to the full extent permitted by law.
- The Customer acknowledges that content of the pages of this website is for the Customer general information and use only. It is subject to change without notice. The Customer use of any information or materials on this website is entirely at the Customer own risk, for which MCC shall not be liable. It shall be the Customer own responsibility to ensure that any products, services or information available through this website meet the Customer specific requirements.
- From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
- Every effort is made to keep the website up and running smoothly. However, MCC takes no responsibility for, and will not be liable for, the website being temporarily or otherwise unavailable due to technical issues beyond MCC control.
- The Customer acknowledges products are sold, thereof supplied, on these T&Cs, and these T&Cs constitute a separate contract in relation to each item sold by MCC to the Customer.
- The Customer acknowledges that each Quotation/Purchase Order/invoice placed with MCC shall be governed by these T&Cs.
- The Customer acknowledges that these T&Cs shall prevail over all other conditions if inconsistent.
- The Customer acknowledges that all orders are subject to availability of stock and min/max quantities as MCC decides from time to tim
- The Customer acknowledges and agrees that for all capsule filling orders, the total quantity and/or volume of Products supplied by MCC or its suppliers may vary to that specified in the Quotation/Purchase Order by +/- 10%, to the extent that such variation is attributed to yield fluctuation, coffee shrinkage, production wastage, quality assurance testing and retention samples. The Buyer accepts any corresponding increase or decrease in the total price and volume of Products supplied under any relevant Quotation/Purchase Order/Invoice and, if applicable, agrees to make payment in accordance with any adjusted tax invoice issued by MCC.
- The Customer acknowledges that unless otherwise agreed, prices exclude insurance, delivery, GST and all other applicable taxes. The Buyer is responsible for all duties, taxes, freight and clearance charges that may be levied on the Products.
- The Customer acknowledges that Prices are subject to change if the Customer does not execute the Quotation, Purchase Order or Invoice within 7 days of the Quotation Dat
- The Customer acknowledges that payment must be made for each invoice in full and without set-off, within the payment terms set out in the Quotation, Purchase Order or invoice.
- The Customer acknowledges that failure to pay any outstanding amounts within 7 days of the relevant due date, will cause the Customer to be in default of its payment obligations under these T&Cs.
- The Customer acknowledges that If the Customers defaults in its payment obligations, MCC may charge the Buyer interest on any outstanding amount at the rate of 5% per day, from the date on which the default arose.
- MCC may, in its sole discretion and without prejudice to its other rights and remedies, demand immediate payment of all amounts owing even if they are not currently due if the Supplier is concerned over the Customer’s ability to pay outstanding amounts or the Customer is subject to an Insolvency Event.
- The Customer acknowledges that under no circumstances will the Company be liable to the Customer for any direct, indirect, consequential or economic loss or damage including, without limitation, loss of income, profit or business opportunity.
- The Customer acknowledges that under no circumstances will any claim be entertained for whatever reason if the amount exceeds the value of the goods supplied by the company.
- The Customer acknowledges that MCC shall not be liable for any default or delay in supplying the Products and/or Services to the Buyer due to any force majeure, act of God, war, power or equipment failure, terrorism, strike, lock-out, industrial action, fire, flood, storm, tempest, pandemic or other events beyond the control of MCC. If MCC is unable to perform in whole or in part any obligation under the Quotation/Purchase Order/Invoice, MCC shall be relieved of such obligation(s) to the extent and for the period that it is unable to perform and shall not be liable to the Buyer for such inability.
- Notwithstanding any other provisions in these Terms, the Buyer acknowledges and agrees that: (a) the Supplier expressly excludes all liability to the Buyer and any other person in relation to any third party claims that the Products, the sale of the Products (including, without limitation, packaging claims that the Products are compatible with Nespresso® machines), infringe a third party’s registered patents, design or other intellectual property rights (Intellectual Property Claims); (b) the Supplier makes no express or implied representations to the Buyer regarding any legal rights to the design of, and the patents used in, the Products; (c) the Supplier makes no express or implied representations to the Buyer that it has any legal right to use the Nespresso® brand, with both parties expressly acknowledge is the registered trade mark of Societe des Produits Nestle S.A. and is not affiliated with the Supplier; and (d) it releases and discharges and indemnifies and undertakes to keep indemnified, defend and hold harmless, the Supplier and its representatives from, against and in respect of all claims (whatsoever and howsoever arising) which a third party may have, arising from or in connection with any Intellectual Property Claims.
Ownership of all intellectual property owned by and/or developed by the Supplier and/or any of its affiliates including (without limitation), all trademarks, brands, copyright, drawings, designs, formulae, patents, coffee roast profiles and blends, and other property and/or information remain with the Supplier and/or any of its affiliates. The Buyer shall immediately advise MCC of any breach or infringement of any of the Supplier’s intellectual property rights by any third party.
- The Buyer shall indemnify the Supplier in relation to: (a) any third party claims that the Supplier’s use of the Buyer’s intellectual property on the Products infringes a third party’s intellectual property rights; and (b) any third party claims arising in connection with the sale and/or distribution of the Products by the Buyer.
- The Customer acknowledges in the event that more than one Customer entering into this agreement, each Customer shall be jointly and/or severally liable for the performance of the obligations contained herein.
B - PRICES and PAYMENT
The Customer acknowledges that unless otherwise stated, all prices quoted are:
- inclusive of any tax, duty, levy, charge (including in the nature of a goods and services tax) in respect of any product or service supplied by Company or fees paid to or received by the company.
- exclusive of freight, postage, packaging, handling, insurance and any other expenses or charges unless otherwise stated.
- amounts shown in any document provided by the Company shall be prima facie evidence of debt due by the Customer to the Company.
- Unless Purchaser has a credit account with the Company, 100% of the price including any applicable freight charges, shall be payable at the time of placement of the order.
- credit accounts will only generally be considered at the discretion of the Company and only after a minimum of 6 months' worth of typical trading levels.
- where Purchaser has a credit account with Company, the Price shall be paid STRICTLY NET in cash, via credit card or PayPal or by cheque or EFT as per the due date shown on the invoice.
- The customer acknowledges and agrees that the terms of payment are as stated on the invoice.
- in the event an account or invoice becomes overdue, the Company reserves the right to charge interest at the flat rate of 1.5% per calendar month.
- PayPal, Credit Card, National and International Transfers and other form of Payments - Goods will only be despatched when FULL payment has been received into Company's bank account. This may take 3-5 working days from payment for funds to be transferred to the Company's bank account.
- In the event the amount of a due invoice remains unpaid 21 days after its due date, all deposit and partial payments will be forfeited with the customer remaining liable for the outstanding balance.
- In the event of the non- payment of an invoice 21 days from its due date in a transaction that involves a non-Australian supplier to MCC, the customer becomes liable to MCC for all currency exchange losses.
- Should an invoice remain unpaid 21 days after its due date, the customer will become liable for any price hikes by MCC suppliers from the date of the invoice for the products itemised in the invoice. MCC is entitled to amend its invoice in accordance with such price changes.
C - RETENTION OF TITLE
- Notwithstanding any other clause contained herein the full legal and equitable title in the Goods shall be retained by Company, its lawful successors in title and assigns and will only be transferred when Customer's indebtedness to Company or its lawful agents for the purpose under these T&Cs, together with any GST or interest payable is fully discharged.
- Until the moment of receipt of full payment of all Customer's indebtedness as referred to in paragraph C1 herein Customer shall keep the Goods for and on behalf of Company.
- Notwithstanding any other clause contained herein the risk in all Goods shall pass to Customer upon delivery; all Goods must be paid for notwithstanding destruction or damage however caused.
- Customer shall ensure that the Goods are stored so that they are clearly identifiable as Company's property and are not intermingled with other property. Customer shall not in any way alter or treat the Goods so as to change their quality or nature in any way until as aforesaid.
- Payment of the amounts owed by Customer to Company under this Agreement shall be deemed to have been made when payment has been received in full and funds cleared in Company's Bank Account.
- Company authorises Customer to sell the Goods as Company's fiduciary agent for the account of Company only. Proceeds of sale are Company's property and Customer shall hold proceeds on trust for Company as fiduciary. Customer shall keep separate records of Goods sold and amount(s) received. Amount(s) received shall be held in a separate bank account.
- While Company retains full legal and equitable title in the Goods Customer shall not bail, pledge, mortgage, charge, and grant a lien over, lease or assign the Goods by any other way of security. Only sales pursuant to para. C - 6 are permitted.
- Notwithstanding any period of credit allowed by Company, Customer shall account to Company for the purchase price of the Goods, (or such part thereof as represents the Goods on-sold) as soon as the Goods (or any of them) are on-sold by Customer and the proceeds of such sale are received by Customer.
- In the event of Customer failing to pay for the Goods pursuant to these T&Cs or the determination or repudiation of the contract (howsoever occurring) Company is hereby irrevocably authorised to enter onto Customer's premises and re-possess the Goods and any other Goods in Customer's possession the property which is vested in Company. Company reserves the right in relation to the Goods until all accounts owed by Customer to Company are fully paid to immediately, and without notice, enter Customer's premises (or the premises of any associated company or agent where the Goods are located) and re-take possession of the Goods without liability for trespass or any resulting damage and the right to keep or re-sell any Goods re-possessed.
- Notwithstanding anything contained in these T&Cs, Company will be entitled to maintain an action against Customer for the purchase price.
D - DELIVERY AND RECEIPT OF GOODS
- All Goods delivered by Company to Customer shall, to the fullest extent permitted by law, be deemed to have been received by Customer in good order and condition and in accordance with any applicable specifications as soon as the delivery docket has been signed by Customer, his carrier or agent.
- Company shall not be responsible for loss or damage to Goods in transit, even in the event the Goods were damaged by Company's own carrier.
- Company shall not be responsible for any loss or damage to Customer for any late delivery or non-delivery of Goods.
- Delivery of Goods shall be to the destination nominated in the purchase order unless Customer advises otherwise in writing.
- The risk in the Goods shall pass to Customer once shipment has been effected by Company.
E -PACKAGING AND ARTWORK
- Product prices include standard Product packaging and printing options being up to 4 colours for inner cartons, 1 colour for outer cartons, printing on the external/outside area of the inner and outer cartons only and generic foil from the Supplier’s standard colour range (no printing on foil).
- Standard Product packaging is 10 capsules to an inner carton and 6 inner cartons to an outer carto
- Custom packaging requirements may be agreed between the parties at an additional cost, as set out in Schedule 1 (if applicable).
- All Product artwork supplied by the Buyer must conform to the Supplier’s specifications. Additional costs may be incurred by the Buyer in respect of artwork that does not conform to the Supplier’s specifications.
- The Supplier takes no responsibility whatsoever for the content of any Product artwork supplied by the Buyer to the Supplier for the purpose of packaging the Products. The Buyer is responsible for ensuring that all Product artwork complies with applicable legal and regulatory requirements.
F - CANCELLATIONS AND RETURNS
- No order may be cancelled/varied without Company's written consent.
- Customer shall not return Goods to Company without the prior written approval of Company, which Company may refuse at its sole discretion.
G - GENERAL MATTERS
- These T&Cs are subject to the laws and courts of Queensland, Australia.
- MCC may amend or vary these T&Cs by publishing them on their website.
- The failure of the Company to enforce or exercise any right under these T&Cs will not constitute a waiver of any right.
- By ordering and/or accepting delivery of Goods, Customer acknowledges it has read and understood the T&Cs set out above and accepts that all Goods are sold subject to those T&Cs.