Terms and Conditions of Sale

Disclosure of Key Terms relating to the supply of goods or services to consumers

Section 47A Fair Trading Act 1987 (NSW) (“the Act”)

Pursuant to section 47A of the Act, a supplier must, before supplying a consumer with goods or services in NSW, take reasonable steps to ensure the consumer is aware of the substance and effect of any term or condition relating to the supply of the goods or services that may substantially prejudice the interests of the consumer.

The following contains a summary of key terms in the attached Trading Terms between Trendep Pty Ltd t/as Cook-N-Dine Australasia (Us, We, Our) and the Customer (You), which You should be made aware of as per the requirements of the Act.

Words not defined in this summary have the same meaning as set out in the Terms:

  1. Clause 3.3- Exclusion of Warranties
    This clause excludes all warranties not set out in the Terms or any other warranty document (to the extent possible) and makes clear that We are not liable to compensate you for:
    1. Any increased costs or expenses you may incur;
    2. Any loss of profit, revenue, business, contract or anticipated savings;
    3. Any loss or expense resulting from a claim by a third party; or
    4. Any special, indirect or Consequential Loss or damage of any nature.
  2. Clause 4 – Limitation of Liability
    This clause limits the remedies available to You if the Goods or services provided by Us are faulty, for example we may replace the Goods or provide a refund at our election.
    This clause also seeks to limit the timeframe for any claim by You relating to the short delivery of Goods.
  3. Clause 15 – Indemnity
    This clause requires You to indemnify Us against any loss or damage We may suffer as a result of your breach of our Trading Terms, which means You will pay us any loss or damage We suffer.