Silver Chef Certified Used Equipment Sales Standard Terms & Conditions
“Agreement” means any agreement or contract entered into for the provision of goods and/or services by Silver Chef to the Customer;
“Certified Used Equipment” means ex-rental equipment made available for sale or rent by Silver Chef to the Customers;
“Consumer” means the meaning given to the term consumer as defined in the Australian Consumer Law;
“Customer” means any person, firm or corporation requiring goods or services from Silver Chef;
“GST” means the goods and services tax as defined in a New Tax System (Goods & Services Tax) Act 1999 as amended;
“Interest Rate” means the rate published by the Australian Taxation Office as the general interest charge from time to time;
“Silver Chef” means Silver Chef Rentals Pty Ltd ABN 33 112 241 522 a company incorporated in the State of Queensland, having its registered office at 20 Pidgeon Close, West End, Brisbane, 4101 Queensland, and its successors and assignees, and where the context permits, it includes its agents, servants and employees;
"Order" means any request or order to purchase Certified Used Equipment;
“Terms” means these Terms and Conditions of Sale;
“Trustee Re-Seller” refers to Silver Chef accredited equipment dealers or auctioneers.
2. The Customer wishes to buy or rent the Certified Used Equipment from Silver Chef.
3. Silver Chef has decided to sell or rent the Certified Used Equipment to the Customer.
4. Basis of the Terms and Conditions
- No amendment, alteration, waiver or cancellation of any of these Terms is binding on Silver Chef unless confirmed by Silver Chef in writing.
- No employee or agent of Silver Chef is authorised to make any representation, warranty or promise in relation to the Certified Used Equipment sold pursuant to these Terms, other than as contained in these Terms or as confirmed in writing by Silver Chef.
- Any written quotation provided by Silver Chef for the supply of Certified Used Equipment is:
- valid for 7 days;
- an invitation only;
- subject to the Customer offering to enter into an Agreement in accordance with these Terms.
Such Agreement shall be deemed to be accepted by Silver Chef when Silver Chef confirms its acceptance of such offer in writing or by electronic means or delivers Certified Used Equipment to the Customer.
- Silver Chef has no obligation to accept any offer from any Customer and may, by notice in writing, vary these Terms at any time.
- All prices quoted, either provided in writing or verbally, for the supply of Certified Used Equipment include GST and other taxes and duties payable in respect of the Certified Used Equipment unless stated otherwise.
- Unless otherwise stated, these Terms apply to both the sale of Certified Used Equipment and rental of Certified Used Equipment.
- Silver Chef reserves the right to limit the sale or rental of the Certified Used Equipment to any person, geographic region or jurisdiction.
5. Accuracy, Completeness and Availability of Information
- Silver Chef endeavours to provide accurate descriptions and specifications for the Certified Used Equipment which are set out on the Silver Chef website at the time of the Order or the Silver Chef quote, however this does not constitute a guarantee of actual product specifications as per the original manufacturers’ specifications and should not be solely relied upon by the Customer for accuracy of size, power or condition.
- Silver Chef does not guarantee, represent or warrant that the use of the website will be uninterrupted, timely, secure or error-free.
- Silver Chef reserves the right at any time to modify content of the website without notice. Silver Chef will not be liable to the Customer or to any third-party for any modification, price change, suspension or discontinuance of the sale of Certified used Equipment via the website.
- If any Certified Used Equipment is unavailable or out of stock then Silver Chef may cancel the Order in whole or in part and refund any monies paid, issue a credit note or otherwise vary the Order with the Customer's approval.
- Silver Chef will notify the Customer of which Certified Used Equipment needs to be installed professionally via labels placed on the Certified Used Equipment.
6. Errors and Omissions
- Occasionally an error may cause the price published or advertised for Silver Chef to be incorrect, in which case Silver Chef will be under no obligation to honour the incorrect price.
7. Terms of Payment and Payment Methods – Sale of Certified Used Equipment
- Payment and delivery options are listed on the Silver Chef website and may vary depending on the method of placing the Order.
- Bank/Electronic Fund Transfers must include the invoice reference number as a payment reference and payment must be made as per the Silver Chef invoice instructions.
- Silver Chef reserves the right to charge interest at the Interest Rate on late or overdue payments by the Customer until the date full payment is made.
- Certified Used Equipment price and all associated fees and charges must be paid at the time of placing the Order.
- Silver Chef at its discretion can accept a Purchase Order for purchase of Certified Used Equipment. Purchase Orders are invoiced with strict Cash on Delivery payment terms. Noncompliance with the payment terms will trigger Silver Chef debt collection procedures.
- Purchase Orders must be itemised and include all Silver Chef Certified Used Equipment reference numbers “asset number(s)”, Silver Chef Certified Used Equipment description including the ‘make’ and ‘model’ and the sale price as quoted by Silver Chef.
- Silver Chef reserves the right to reject any Purchase Order at its absolute discretion.
8. Terms of Payment and Payment Methods – Rental of Certified Used Equipment
- In relation to rental of the Certified Used Equipment, Silver Chef’s terms of payment and payment methods are detailed in the Rental Contract Standard Terms and Conditions.
9. Rental Contracts
- Customers can elect to rent Certified Used Equipment from Silver Chef.
- The Terms and Conditions and Rental Contract pursuant to which Certified Used Equipment are rented by the Customer are separate documents.
- The Rental Contract Terms and Conditions apply in addition to these Terms for rental of Certified Used Equipment.
- All rental Orders are subject to Silver Chef’s standard rental application process including credit and security checks.
10. Passing of Rights in the Property – Sale of Certified Used Equipment
- Until the full payment in cleared funds is received by Silver Chef for all Certified Used Equipment to be supplied by Silver Chef to the Customer, as well as any other amount which may be owing to Silver Chef by the Customer, then:
- title and rights in all Certified Used Equipment remains vested in Silver Chef and do not pass to the Customer;
- the Customer shall hold any delivered Certified Used Equipment as fiduciary bailee and agent for Silver Chef;
- Silver Chef may with reasonable notice to the customer enter any premises where it suspects any such Certified Used Equipment may be and remove them, notwithstanding that they have been attached to other goods, not the property of Silver Chef and the Customer irrevocably licences Silver Chef to enter such premises without liability for trespass or any resulting damage and indemnifies Silver Chef against all claims, actions, suits and demands brought by any party arising out of such action;
- Subject to, and in accordance with the Personal Property Securities Act 2009, to keep or resell any Certified Used Equipment repossessed pursuant to paragraph 10.1.3 above.
- If the Certified Used Equipment are resold, or products manufactured using the Certified Used Equipment are sold, by the Customer, the Customer shall hold such part of the proceeds of any such sale as represents the invoice price of the Certified Used Equipment sold or used in the manufacture of the Certified Used Equipment sold in a separate identifiable account as the beneficial property of Silver Chef upon request.
- Notwithstanding the provisions above Silver Chef shall be entitled to maintain an action against the Customer for the purchase price even though the risk of the Certified Used Equipment shall pass to the Customer in accordance with Section 14 herein.
11. Passing of Rights in the Property – Rental of Certified Used Equipment
- In relation to rental of the Certified Used Equipment, passing of rights in the property is detailed in Silver Chef’s Rental Contract Standard Terms and Conditions.
- Full delivery prices and options are listed on the Silver Chef website or quote and are subject to change from time to time.
- Certain large, heavy or bulky items and deliveries to offshore/remote locations will attract higher delivery prices and delivery times will be longer, depending on the delivery location. Delivery prices and times for these items will be confirmed with the Customer at the time the Order is placed.
- Silver Chef will use reasonable endeavours to ensure its delivery agents meet delivery estimates. However, Silver Chef cannot be held liable for any delay in delivery.
- Where installation/disconnection services have been ordered by the Customer, further charges, terms and conditions may apply as communicated by Silver Chef to the Customer before delivery.
- All large machinery, refrigeration and flat packed Certified Used Equipment are delivered to the front door of ground floor locations only. The delivery person/driver may at his/her discretion assist with delivering the Certified Used Equipment to a location within the premises nominated by the Customer, at the Customer's sole risk.
- If delivery of the Certified Used Equipment cannot be effected because:
- the Customer will not or does not accept delivery when the Certified Used Equipment are ready for delivery; or
- Silver Chef or its agent consider at the time of delivery that delivery would be hazardous or would be contrary to their policies, health and safety, industry practice or statutory requirements; or
- the Customer has not provided Silver Chef with appropriate instructions, documents, licences or authorisations to properly, legally and safely effect delivery of the Certified Used Equipment; then
- Silver Chef may store the Certified Used Equipment until actual delivery, in which case, the Customer will be liable to pay Silver Chef all related costs, such as re-delivery charges, storage and insurance.
- Silver Chef reserves the right to deliver multiple items of a single Order of Certified Used Equipment either in whole or by instalments. If it is delivered by instalment, such arrangement must be documented in additional written terms signed by the Parties. Where multiple items of a single Order are delivered by instalments, each instalment is deemed a separate and independent contract and the rights and obligations of each instalment does not affect the rights and obligations of the other instalments of those items. For the avoidance of doubt, non-delivery of Certified Used Equipment by way of an instalment by an estimated date provided under such independent contract does not entitle the Customer to rescind or terminate the balance of those contracts that collectively might reflect a complete Order or purchase of Silver Chef Certified Used Equipment. The Customer acknowledges that Certified Used Equipment supplied by instalments must be accepted notwithstanding any interruption to delivery of other instalments of Certified Used Equipment and the Customer has no recourse against Silver Chef to recover any loss or cost incurred as a result of an interrupted delivery in the supply of Certified Used Equipment.
- The Customer is responsible for transportation and associated costs at all times.
13. Inspection, Replacement and Return of Certified Used Equipment
- The Customer has 7 working days from the date of delivery to inspect the Certified Used Equipment and if the Customer believes that it does not agree with the relevant specifications or descriptions, then it must advise Silver Chef within 7 days of the delivery in writing of this. If no such notice is received by Silver Chef within 7 days, the Certified Used Equipment is deemed to have been accepted in good order and condition and no claim for credit, non-delivery or return of Certified Used Equipment will be accepted.
- In the event that Silver Chef accepts the return of Certified Used Equipment:
- a full refund will be provided if the Certified Used Equipment is not provided as per the stated product specifications or the Certified Used Equipment is assessed by Silver Chef as faulty;
- if the Certified Used Equipment is returned due to any reason outside of warranty inclusions or simply due to change of mind:
- A re-stocking fee of 15% of the invoice value of the Certified Used Equipment will be charged. The fee will be deducted from the funds paid and balance funds will be refunded to the Customer.
- The Customer will be liable to pay the transport and associated costs of returning the Certified Used Equipment to Silver Chef or its Trustee Re-Sellers and shall pay the transport costs to Silver Chef or Trustee Re-Sellers if return has been facilitated by Silver Chef or Trustee Re-Sellers.
- The Certified Used Equipment must be returned in the same condition as delivered to the Customer with all packaging material, brochures and instruction material.
- Nothing in these Terms shall oblige Silver Chef to accept returns of Certified Used Equipment if such Certified Used Equipment is damaged during assembly or installation and nothing shall oblige Silver Chef to pay any of the costs of assembly or installation or be responsible for any losses arising from defective assembly or installation.
- Nothing in these Terms shall oblige Silver Chef to accept the return of modified Certified Used Equipment or Certified Used Equipment modified to the Customer’s agreed specifications. The Customer acknowledges that they shall hold Silver Chef indemnified from any claims for losses, damages, law suits and claims of whatsoever arising from the delivery of modified Certified Used Equipment to the Customer’s agreed specifications. The Customer shall not be entitled to any refund for moneys paid in relation to the modification, cancellation or return of modified Certified Used Equipment.
- Equipment may be replaced with equivalent equipment (price, capacity and function) if available at Silver Chef’s absolute discretion in the event that:
13.5.1. equipment is damaged in transit where freight has been organised by Silver Chef; or
13.5.2. equipment is faulty as per sections 15 and 16 of this document.
14. Risk and Insurance
- Any risk in the Certified Used Equipment and any responsibility to cover the Certified Used Equipment by insurance in respect of theft, damage or otherwise passes to the Customer upon dispatch of Certified Used Equipment to the Customer or collection of the Certified Used Equipment by the Customer or its agents. This requirement exists irrespective whether full payment has been received by Silver Chef or not.
15. Certified Used Equipment Warranty Cover
- With the exception of matters specified in Section 16, the Certified Used Equipment is supplied, where noted, with parts and labour warranty.
- The warranty is applicable to Certified Used Equipment purchased as a direct sale or rented on a Rental Contract.
- Some Certified Used Equipment is supplied in an “as is” state and is not supplied with a warranty. Where this is applicable it will be clearly noted at the time of purchase.
- Silver Chef provides warranty on parts and labour against faulty material or workmanship for a period of 3 calendar months from the date of delivery of the Certified Used Equipment unless otherwise agreed in writing.
16. Warranty Exclusions
- The warranty covers all components contained within the Certified Used Equipment but do not include matters that Silver Chef determines to fall in the following categories:
- Breakage of glass or plastic components of the Certified Used Equipment;
- Replacement of lights, fluorescent tubes, gaskets or components which have been damaged by exposure to spillage;
- Damage or failure of the Certified Used Equipment as a consequence of not removing packaging and transport materials before use;
- Parts subject to wear and tear including but not limited to filters, oil, fuses, heating elements, lamps, batteries, handles, locks, hinges;
- Certified Used Equipment which has not been installed in accordance with Silver Chef’s or the manufacturer’s specifications;
- Extraordinary and unforeseeable events (voltage surges, irregular electric power supply, natural events and disaster, riots etc.);
- Repair or replacement of Certified Used Equipment not bearing original serial numbers or compliance plates;
- Damage caused to Certified Used Equipment due to improper use of cleaning agents, detergents, bleaches or other chemical additives or agents of a corrosive nature;
- Any damage arising from any modification of the Certified Used Equipment that has taken place without prior authorisation from Silver Chef;
- Any use of the Certified Used Equipment for any reason other than its originally specified purpose;
- Certified Used Equipment which are moved or repositioned whilst loaded with any stored products. Such products must be removed prior to movement. (All units are stationary units and not designed for regular movement on casters or legs);
- Carelessness, negligence or use other than that for which the Certified Used Equipment is designed;
- Certified Used Equipment not performing correctly as a result of it being used in an environment whereby the ambient temperature and relative humidity are outside the operating parameters specified for the Certified Used Equipment;
- Certified Used Equipment not placed on a level and properly positioned in relation to clearances, heat / cold sources and airflow;
- Refrigeration fans, condensers and units not been properly maintained, kept clean and free of blockages at all times. Bench fridges & freezers must be placed not closer than 100 mm to walls or other equipment.
- The warranty is void if the Certified Used Equipment has not been maintained and serviced, or if the Equipment has been subject to misuse, negligence or accident, operated incorrectly or serviced by unauthorised persons.
- The Customer must not carry out any remedial work to the alleged defective Certified Used Equipment without first obtaining the written consent of Silver Chef to do so.
- The Customer’s failure to provide written notice to Silver Chef within the required timeframe noted in section 13 will release and discharge Silver Chef from any obligation or liability arising from the warranty.
- The warranty extends only to the Customer and to no other person.
- The Customer agrees that it has not relied upon Silver Chef, its employees, servants or agents’ skill or judgment in selecting the equipment for any particular purpose and, insofar as the law permits, the sale or rental of the Certified Used Equipment is made without any warranty by Silver Chef, its employees, servants or agents that the Certified Used Equipment are suitable for any particular purpose. The Customer will be responsible for ensuring that the Equipment is suitable for the intended use by the Customer.
- “Back to Base Warranty” applies to any Certified Used Equipment that can be carried and placed into a standard vehicle for return (or sent via pre-paid freight) to Silver Chef’s closest official service agent. Delivery to Silver Chef or its service agents, is at the Customer's care and expense. Warranty call outs for non-carriable items will be undertaken as per Section 17.1.
- The provisions of any act or law implying terms, conditions and warranties, or any other terms, conditions and warranties which might otherwise apply to or arise out of the sale or rental of the Certified Used Equipment are hereby expressly negated and excluded to the full extent permitted by law.
- Silver Chef will not be liable to the Customer for any loss or damage whatsoever arising from return or repair of the Certified Used Equipment.
17. Warranty Claim Lodgement and Processing
- Warranty call outs take place Mondays to Fridays (excluding public holidays) between the hours of 8:30am and 4pm. In addition, Silver Chef reserves the right to modify the warranty call out times at any time. Any changes will be published on the website.
- All warranty claims are required to be lodged via Silver Chef’s online warranty form.
- Credit card details must be supplied to lodge a warranty claim. If the warranty call out results in a third party technician determining the fault was due to any issues outlined in Section 16, the Customer agrees that the supplied credit card will be debited for the cost of the services of that third party technician.
- Where applicable, installation and commissioning certificates must be supplied to validate a warranty claim.
- Silver Chef will organise a service agent to attend the Certified Used Equipment installation site and assess warranty claim where applicable. If Back to Base applies, Silver Chef will inform the Customer of the nearest drop off point.
- Travel costs incurred by Silver Chef or its service agents to attend the Certified Used Equipment installation site will be limited to 50km from Silver Chef’s offices or its agents’ offices as applicable.
- Warranty claims are generally assessed within one (1) business day from receipt of the online warranty form by Silver Chef. Response times may vary depending on Customer’s location and local workloads etc. therefore any warranty processing timeframes provided by Silver Chef to the Customer are regarded as estimates only and not fixed.
18. Acknowledgments by the Customer
- The Customer acknowledges that:
- it has not relied on any advice, recommendation, information or assistance provided by Silver Chef or any of its employees or agents in relation to the sale of Certified Used Equipment and/or services or the use or application of such Certified Used Equipment or services;
- the Customer has the sole responsibility to satisfy itself that the Certified Used Equipment or services are suitable for the use of the Customer, or any contemplated use by the Customer, whether or not such use is known to Silver Chef; and any description of Certified Used Equipment provided in a quotation or notice is given by way of identification only and the use of such description does not constitute a contract of sale by description;
- the Customer must provide to Silver Chef particulars of its ACN (if a corporation), its ABN, the Order number, the quantity and model number of the Certified Used Equipment, delivery address and insurance details at Silver Chef’s requests;
- once a Purchase Order has been received or Certified Used Equipment has been invoiced to a Customer or the Certified Used Equipment is rented by the Customer, that Certified Used Equipment may be held for a maximum of 4 weeks only from date of the Order at the Silver Chef’s Warehouse. Should any Equipment be required to be held longer by Silver Chef, a 5% storage charge will be charged to the Customer based on the purchase price of the Order or rent per week until the Certified Used Equipment has been collected by the Customer;
- where the Equipment is rented, the Equipment will be used solely for business or commercial purposes and not for personal/domestic use; and
- it will indemnify, defend and hold harmless Silver Chef and its subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable Lawyer’s fees, made by any third-party due to, or arising out of the Customer’s breach of these Terms or violation of any law or the rights of a third-party.
19. Customer Warranties
- The Customer represents and warrants to Silver Chef that all information and representations that the Customer, or any person acting on its behalf has given in connection with a warranty claim are true and correct and that the Customer has not failed to disclose to Silver Chef anything relevant to assessing the claim.
- The Customer and any Guarantor of the Customer represent and warrant to Silver Chef that all information and representations that the Customer, or any person acting on its behalf has given in connection with Silver Chef’s transactions are true and correct and that the Customer has not failed to disclose to Silver Chef anything relevant to its decision to have dealings with the Customer and that no court proceedings or dispute are current which may have an adverse effect on the performance by the Customer of its obligations under these Terms.
20. Cancellation of Orders
- No Order may be cancelled, modified or deferred without the prior written consent of Silver Chef and if Silver Chef consents to any cancellation, modification or deferral, the Customer is liable to pay Silver Chef a cancellation fee being 15% of the invoice.
- Cancellation, modification and deferral of Certified Used Equipment rented on a Rental Contract will be dealt with in accordance with Rental Contract Terms and Conditions.
21. Intellectual Property Rights
- Certified Used Equipment sold or supplied by Silver Chef may be subject to copyright (whether owned by Silver Chef or a third party) and the Customer covenants not to breach, infringe or prejudice any intellectual property and copyright associated with Silver Chef without written approval. The Customer agrees to indemnify and hold Silver Chef harmless for any breach of said covenant to any third party.
23. Limitation of Silver Chef’s Liability – Sale of Certified Used Equipment
- 23.1 Subject to 23.2 and to the extent permitted by the Australian Consumer Law and relevant state legislation, the sole obligation of Silver Chef under the Terms is to use its best endeavours to provide the products or to repair the products or replace at its sole discretion any part of a product which is found to be defective during the warranty period and in no event shall Silver Chef be liable for any other claims or damages including, but not limited to, claims for faulty design, negligent or misleading advice, damages arising from loss or use of the products, and any indirect, special or consequential damages or injury to any person, corporation or other entity.
- 23.2 If any products supplied pursuant to these Terms are supplied to the Customer as a ‘consumer’ of Silver Chef or services within the meaning of that term in the Australian Consumer Law as amended or relevant state legislation the consumer will have the benefit of certain non-excludable rights and remedies in respect of the products or services and nothing in these Terms excludes or restricts or modifies any condition, warranty, right or remedy which pursuant to the Australian Consumer Law or similar legislation is so conferred. However, if the product is a product not ordinarily acquired for personal, domestic or household use or consumption, pursuant to section 64A of the Australian Consumer Law and similar provisions of relevant state legislation Silver Chef limits its liability to payment of an amount equal to the lowest of:
- 23.2.1. the cost of replacing the Certified Used Equipment or supplying equivalent Certified Used Equipment;
- 23.2.2. the cost of repair of the Certified Used Equipment;
- 23.2.3. the cost of having the Certified Used Equipment repaired or replaced.
- 23.3 Subject to 23.2, Silver Chef is not liable for default or failure in performance of its obligations pursuant to these Terms or any Agreements with the Customer resulting directly or indirectly from acts of God, civil or military authority, acts of public enemy, war, accidents, fires, explosions, earthquakes, floods, the elements, strikes, labour disputes, shortage of suitable parts, components, materials including ink, chemicals and paper, labour or transportation or any other cause beyond the reasonable control of Silver Chef.
- 23.4 Subject to 23.2, Silver Chef is not responsible for any loss caused by an error or defect in the products or errors or faults caused by the Customer, its employees or its agents or in any circumstance as provided for in Section 16 of these Terms.
24. Limitation of Silver Chef’s Liability – Rental of Certified Used Equipment
- In relation to rental of the Certified Used Equipment Silver Chef’s liability and its limitations are detailed in the Rental Contract Standard Terms and Conditions.
25. Waiver and Assignment
- A failure by Silver Chef to insist on the Customer’s strict performance of its obligations under these Terms is not a waiver of any right or remedies that Silver Chef may have.
- Neither these Terms nor any rights arising under these Terms may be assigned by the Customer without the prior written consent of Silver Chef which it may or may not give at its absolute discretion.
- If any provision contained in these Terms is held by a Court to be unlawful, invalid or unenforceable, such provision is severed from these Terms (as applicable) such that the validity and enforceability of the remaining provisions are not affected.
- These Terms are governed by the law of the State of Queensland, Australia and the Customer irrevocably submits to the non-exclusive jurisdiction of the Courts of Queensland situated in Brisbane and the courts competent to determine appeals from those courts, with respect to any proceedings that may be brought at any time relating to these Terms.
28. Website Navigation and Use
- Optional Tools
- The website may provide you with access to third-party tools over which Silver Chef neither monitor nor has any control nor input. The Customer acknowledges and agrees that Silver Chef provides access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. Silver Chef shall have no liability whatsoever arising from or relating to the Customer’s use of optional third-party tools. Any use of optional tools offered through the third party’s website is entirely at the Customer’s own risk and discretion and the Customer should ensure that they are familiar with and approve the terms on which those tools are provided by the relevant third-party provider(s).
- Third Party Links
- Certain content and services available via the Silver Chef’s website may include materials from third-parties. Third-party links on this website may direct the Customer to third-party websites that are not affiliated with Silver Chef. Silver Chef is not responsible for examining or evaluating the content or accuracy and Silver Chef does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. Silver Chef is not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. The Customer is responsible for carefully reviewing the third-party's policies and practices and ensure they understand them before they engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products must be directed to the third-party.