Purchase order terms and conditions
1. Scope
These Terms & Conditions apply to all purchase orders (“POs”) issued by Kaffeina Group Pty Ltd (“Kaffeina Group”) to its suppliers. By accepting a PO, the Supplier agrees to be bound by these Terms.
2. Orders
2.1 A PO issued by Kaffeina Group constitutes an offer to purchase goods or services.
2.2 The PO becomes binding when the Supplier accepts it in writing or by supplying the goods/services.
2.3 Any Supplier terms or conditions are excluded unless expressly agreed in writing by Kaffeina Group.
3. Pricing
3.1 Prices specified in the PO are fixed and inclusive of all costs, charges, packaging, and delivery unless otherwise stated.
3.2 No additional charges or variations will apply without prior written agreement from Kaffeina Group.
4. Payment
4.1 Payment terms are strictly as per PO or invoice, subject to the satisfactory supply of goods/services.
4.2 Standard payment terms are 30 days from the end of the month of invoice, unless otherwise agreed in writing.
4.3 Invoices must quote the relevant PO number. Failure to do so may result in payment delays.
5. Delivery
5.1 The Supplier must deliver goods/services:
-
to the delivery address specified in the PO;
-
on the date and time agreed; andin accordance with any specifications or requirements stated in the PO.
5.2 Title passes to Kaffeina Group on full payment.
5.3 Risk passes on delivery and acceptance of goods by Kaffeina Group.
5.4 Time is of the essence. If the Supplier fails to deliver on time, Kaffeina Group reserves the right to cancel the PO and recover any costs incurred.
6. Quality & Warranties
6.1 The Supplier warrants that all goods/services supplied:
-
are of merchantable quality;
-
are free from defects;
-
comply with all applicable laws, regulations, and industry standards;
-
match any specifications, samples, or descriptions provided.
6.2 Goods/services not meeting these requirements may be rejected at the Supplier’s expense.
7. Returns & Rejections
7.1 Kaffeina Group reserves the right to reject goods that are defective, damaged, or non-compliant with the PO.
7.2 Rejected goods may be returned to the Supplier at the Supplier’s cost, or Kaffeina Group may require replacement or a full refund.
7.3 Notification of rejection will be provided within a reasonable time after delivery.
8. Liability
8.1 The Supplier is liable for, and indemnifies Kaffeina Group against, all losses, costs, or damages arising from:
-
defective or non-conforming goods;
-
late or failed delivery;
-
breach of these Terms.
8.2 Kaffeina Group’s liability is limited to payment of the agreed PO price.
9. Insurance
The Supplier must maintain adequate insurance (including product liability and public liability insurance) for the goods/services supplied and provide evidence of cover on request.
10. Intellectual Property
10.1 All intellectual property rights in specifications, recipes, packaging, designs, or other materials provided by Kaffeina Group remain its exclusive property.
10.2 The Supplier must not use Kaffeina Group’s intellectual property without prior written consent.
11. Confidentiality
The Supplier must keep confidential all information relating to Kaffeina Group’s business, products, and operations unless disclosure is required by law or with prior written approval.
12. Compliance
12.1 The Supplier must comply with all relevant laws, regulations, and standards relating to the manufacture, supply, and delivery of goods/services.
12.2 This includes (without limitation): workplace health & safety, modern slavery, environmental, and food safety standards.
13. Termination
13.1 Kaffeina Group may cancel any PO immediately if the Supplier:
-
fails to deliver on time;
-
delivers non-compliant goods/services;
-
becomes insolvent or unable to pay debts.
13.2 On termination, Kaffeina Group is not liable for any loss of profits or consequential damages claimed by the Supplier.
14. General
14.1 These Terms are governed by the laws of Victoria, Australia.
14.2 Any disputes are subject to the non-exclusive jurisdiction of the courts of Victoria.
14.3 These Terms represent the entire agreement between the parties and override any inconsistent Supplier terms.
15. Acceptance
By accepting a PO from Kaffeina Group, the Supplier acknowledges and agrees to these Terms & Conditions of Purchase Orders.
