Vinay's Food Retailer Terms & Conditions
Vinay Reddy Pty Ltd ABN 94 119 455 364, trading as Vinay’s Food, of 49 Gwen Road, Cranbourne West VIC 3977 (“Vinay’s Food”), agrees to supply goods to the Customer for the purpose of resale, subject to the terms and conditions set out below.
1. Acceptance of Orders
1.1 The placement of an order does not bind Vinay’s Food to accept the order. Vinay’s Food reserves the right to decline any order at its discretion.
1.2 Previous acceptance of orders does not constitute a guarantee of future supply.
2. Cancellation of Orders
2.1 If the Customer requests cancellation or postponement of an order, Vinay’s Food may, in its sole discretion, accept such request subject to payment of a cancellation/postponement fee to cover any direct or indirect costs incurred, including but not limited to:
- Costs of processing the order up to the date of cancellation/postponement;
- Third-party supply or handling charges already incurred.
2.2 Vinay’s Food may cancel or delay any order without liability to the Customer by providing notice, with any pre-payments to be refunded accordingly.
2.3 Vinay’s Food shall not be liable for any loss or damage (including loss of profit or revenue), incurred by the Customer in the event that the delivery or supply of goods ordered is frustrated or delayed by any circumstances beyond the reasonable control of Vinay’s Food.
3. Missing or Short-Delivered Goods
3.1 The Customer must notify Vinay’s Food in writing within one (1) business day of delivery of any missing or incorrectly supplied items. Failure to do so shall be deemed acceptance of the delivery in full.
4. Risk and Indemnity
4.1 To the extent permissible at law, risk in the goods passes to the Customer upon delivery to the Customer’s premises or nominated address. Where the Customer arranges its own carrier, risk shall pass upon collection by that carrier.
4.2 The Customer indemnifies Vinay’s Food and holds it harmless against all claims, losses, damages or liabilities arising from or in connection with the Customer’s handling, storage, use, or resale of the goods, except to the extent caused by Vinay’s Food’s proven negligence.
5. Pricing
5.1 Unless otherwise agreed in writing, the price payable for goods shall be the prices determined by Vinay’s Food, unless the parties have agreed otherwise in writing and subject to any trade discounts agreed to by Vinay’s Food.
5.2 All prices either include GST or are GST-free in accordance with the applicable tax classification of each product.
5.3 Vinay’s Food reserves the right to increase or decrease prices at any time with prior notice. Any published pricing or verbal quotations are subject to change.
6. Ownership and Payment
6.1 Ownership of the goods only passes to the Customer when full payment is received by Vinay’s Food in cash, bank cheque or cleared bank funds. Until such payment is received, the Customer shall hold the goods as bailee and is authorized to sell the goods in the ordinary course of its business.
6.3 If payment is not received within thirty (30) days of the due date, Vinay’s Food may, without prejudice to any other rights, enter any premises occupied, leased or controlled by the Customer or any associated company or agent to repossess the goods. The Customer shall indemnify Vinay’s Food for all costs incurred in such recovery, including legal and enforcement expenses.
7. Passing of Risk
7.1 Risk of loss or damage to the goods passes to the Customer or their agent at the time of delivery or collection.
8. Refunds and Returns Policy
8.1 Except where required by law, Vinay’s Food shall have full discretion as to whether to accept the return of any goods supplied to the Customer (for example, for change of mind). Returns for frozen goods will not be accepted due to food safety regulations (unless authorised by Vinay’s Food).
8.2 Where Vinay’s Food, at its sole discretion, agrees to accept a return of goods, such return shall only be considered where:
(a) The request is made within one (1) day of delivery;
(b) The goods are unopened, unused, and remain in their original packaging in a condition fit for resale; and
8.3 All returns must be pre-approved by Vinay’s Food. Returns received without prior approval will not be processed.
8.4 Where goods are alleged to be damaged or faulty upon delivery, the Customer may be required to provide photographic evidence and any additional information reasonably requested by Vinay’s Food to assess the claim. If approved, Vinay’s Food will, at its discretion, issue a credit note, replacement, or refund. Vinay’s Food shall not be liable for any indirect or consequential loss resulting from faulty or delayed supply, except to the extent required by law.
9. Non-Excludable Guarantees
9.1 Nothing in these terms excludes, restricts or modifies any rights the Customer may have under the Australian Consumer Law which cannot lawfully be excluded or modified.
10. Privacy and Credit Information
10.1 The Customer acknowledges that, pursuant to the Privacy Act 1988 (Cth), Vinay’s Food may collect, use, and disclose personal and credit-related information provided in connection with any commercial credit application. This may include disclosure to credit reporting agencies of identity details, application amounts, overdue payments exceeding 60 days, dishonoured cheques, serious credit infringements, and discharge of credit obligations. The Customer consents to Vinay’s Food obtaining information from, and disclosing information to, credit providers and credit reporting bodies for the purpose of assessing creditworthiness or recovering outstanding amounts.
11. Termination of Trade Accounts
11.1 The Customer acknowledges that Vinay’s Food retains discretion to suspend or terminate the Customer’s account at any time.
11.2 Termination shall void any obligation on Vinay’s Food to fulfil previously accepted orders not yet dispatched.
12. Delivery
12.1 Vinay’s Food delivers goods directly to the Customer or their nominated business address.
12.2 Vinay’s Food shall not be liable for delivery delays caused by external carriers or circumstances beyond its reasonable control.
13. Acceptance and Amendment of Terms
13.1 By placing an order with Vinay’s Food, the Customer acknowledges and agrees to be bound by these Terms and Conditions.
13.2 Vinay’s Food reserves the right to amend these Terms and Conditions at any time without prior notice. The most current version will apply to all future orders.
Last updated: September 2025