Terms & Conditions

1. About these terms

In these terms, “we”, “us” and “our” mean Sui Sui Foods Pty Ltd (ABN 95 701 421 221, ACN 701 421 221), and “you” means the person or entity that uses this website or acquires goods from us.

By using this website you accept these terms. Where we supply goods to you, these terms apply together with any quotation, price list, credit agreement or purchase order we have accepted. If there is an inconsistency, the terms of an accepted written quotation or signed credit agreement prevail over this page to the extent of the inconsistency.

2. This website

This website provides general information about our company and the categories of goods we supply. It is not a catalogue of live stock and it is not an offer to sell. Availability, pack formats and pricing are confirmed only in a current price list or written quotation issued to you.

We take reasonable care to keep the information here accurate and current, but we do not warrant that it is free from error or that the site will be available uninterrupted. You must not use this website in a way that is unlawful, that interferes with its operation or security, or that attempts to gain unauthorised access to any system connected to it.

3. Quotations, orders and acceptance

A price list or quotation is an invitation to order and is valid for the period stated on it, or for 30 days if no period is stated. An order you place is an offer to buy. A contract is formed only when we accept your order in writing or dispatch the goods, whichever happens first.

We may decline an order, in whole or in part, including where stock is unavailable, where a credit limit would be exceeded, or where an obvious pricing or specification error has occurred. If we decline an order after you have paid, we will refund the amount paid for the declined portion.

4. Prices, invoicing and payment

Prices are quoted in Australian dollars. Unless stated otherwise, prices exclude GST, which will be shown separately on a valid tax invoice, and exclude delivery charges where these apply.

New accounts trade on a prepayment basis until a credit application has been approved in writing. Where credit is approved, invoices are payable by the due date shown on the invoice. Title in the goods does not pass to you until we have received payment in full for those goods and for all other amounts you owe us; risk in the goods passes to you on delivery. Until title passes you must store the goods so that they are identifiable as ours.

If an account is overdue we may suspend further supply, require prepayment, charge interest at a reasonable commercial rate on the outstanding balance, and recover reasonable costs of collection. We will notify you before taking any of these steps.

5. Delivery

Delivery dates and run schedules are estimates given in good faith and are not guaranteed unless we agree otherwise in writing. You must ensure that a person authorised to receive and check the goods is present at the delivery address, and that chilled and frozen goods are placed into appropriate storage immediately on delivery.

You must inspect the goods on delivery and note any shortage, visible damage or temperature concern on the delivery docket at the time. Please notify us of any shortage, damage or incorrect supply within two business days of delivery, and of any latent defect as soon as it becomes apparent, so that we can investigate while the evidence is still available. Nothing in this clause limits your rights under the Australian Consumer Law.

6. Product information, storage and handling

We take reasonable steps to ensure that product information — including ingredient statements, allergen declarations, country-of-origin marking, nutrition information and date coding — is accurate and complies with the Australia New Zealand Food Standards Code at the time of supply.

Once goods are delivered, you are responsible for storing, handling, displaying and (where applicable) preparing them in accordance with the storage instructions on the pack, the requirements of the Food Standards Code and any applicable state food legislation. We are not responsible for loss or deterioration caused by storage or handling outside those requirements after delivery.

7. Australian Consumer Law

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)). Where you are a consumer within the meaning of that law, you are entitled to a replacement or refund for a major failure and to compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if they fail to be of acceptable quality and the failure does not amount to a major failure.

To make a claim under the consumer guarantees, contact us at ceo@suisuifoodstec.site with your invoice number, the product and batch details, and a description of the problem. We may ask you to retain the product and its packaging so the issue can be assessed with the manufacturer.

Where the goods are not of a kind ordinarily acquired for personal, domestic or household use or consumption, and to the extent permitted by section 64A of the Australian Consumer Law, our liability for a failure to comply with a consumer guarantee (other than a guarantee under sections 51 to 53) is limited, at our option, to replacing the goods, supplying equivalent goods, repairing the goods, paying the cost of replacing or acquiring equivalent goods, or paying the cost of having the goods repaired.

8. Returns and credits

Beyond your rights under the Australian Consumer Law, chilled and frozen goods and short-dated lines cannot be returned for change of mind, because their condition cannot be verified once they have left our control. Ambient goods may be considered for return by prior agreement, if they are unopened, in original saleable condition, within date, and returned within a period we agree in writing. A restocking charge may apply and will be disclosed before you agree to the return.

9. Intellectual property

All content on this website — text, layout, design, code, graphics, drawings, the Sui Sui Foods name and our marks — is owned by or licensed to Sui Sui Foods Pty Ltd and is protected by Australian and international intellectual property law.

You may view the site and print or download extracts for the legitimate purpose of dealing with us. You may not otherwise reproduce, adapt, republish, sell or commercially exploit any part of it without our prior written consent. Third-party brand names and product images belonging to manufacturers whose goods we distribute remain the property of their respective owners.

10. Liability

Subject always to clause 7 and to any liability that cannot be excluded by law:

• our total aggregate liability arising out of or in connection with the supply of goods is limited to the price you paid for the goods giving rise to the claim;
• we are not liable for indirect or consequential loss, loss of profit, loss of revenue, loss of anticipated savings, loss of business opportunity or loss of goodwill; and
• we are not liable for loss arising from your failure to store, handle or use the goods in accordance with the instructions on the pack or applicable food law, or from any alteration, repacking or relabelling of the goods after delivery.

Neither party is liable for failure or delay in performing an obligation (other than an obligation to pay money) caused by an event beyond its reasonable control, including natural disaster, epidemic, industrial action, transport failure, utility failure or government action, provided it notifies the other party promptly and takes reasonable steps to mitigate.

11. Indemnity

You indemnify us against loss, damage, cost or expense we reasonably incur as a result of your breach of these terms, your negligent or unlawful act or omission, or your handling, storage, repacking, relabelling or onward sale of the goods otherwise than in accordance with the instructions supplied with them. This indemnity does not apply to the extent the loss was caused by our own act, omission or breach.

12. Termination and suspension

Either party may end a trading relationship by giving written notice, without affecting any order already accepted or any amount already owing. We may suspend supply or close an account immediately by written notice if an account is materially overdue, if you become insolvent or an insolvency official is appointed, or if you breach these terms in a way that is not remedied within 14 days of us asking you to remedy it.

On termination, all amounts you owe become payable in accordance with the invoice terms, and clauses concerning title, intellectual property, liability, indemnity and governing law survive.

13. Privacy

Personal information collected in connection with these terms is handled in accordance with our privacy policy and the Privacy Act 1988 (Cth).

14. Changes to these terms

We may amend these terms from time to time. The version published on this page when your order is accepted is the version that applies to that order. Material changes affecting an existing account will be notified in writing before they take effect.

15. Governing law and jurisdiction

These terms, and any contract for the supply of goods formed under them, are governed by the laws of the State of Victoria, Australia, and by the Commonwealth laws applying in Victoria. You and we submit to the non-exclusive jurisdiction of the courts of Victoria and of the courts competent to hear appeals from them.

16. General

If any provision of these terms is held to be unenforceable, it is severed to the minimum extent necessary and the remaining provisions continue in full force. A failure or delay by us in exercising a right is not a waiver of that right. You may not assign your rights under these terms without our written consent, which will not be unreasonably withheld.

17. Contact

Questions about these terms, or about an order placed under them, should be sent to:

Contact details for terms and conditions enquiries

Entity	Sui Sui Foods Pty Ltd
ABN	95 701 421 221
ACN	701 421 221
Email	ceo@suisuifoodstec.site
Location	Victoria (VIC) 3151, Australia