Terms and Conditions

General

1. These Terms and Conditions of Sale apply to every sale, design services, items and equipment, including labour, goods made or supplied by SuperModern.
2. No variation or cancellation of any of these Terms of Sale shall be binding unless agreed to by SuperModern.
3. All quotations remain in confidence and the property of SuperModern. The customer must not pass such information to third parties.
4. SuperModern is a supplier of commercial kitchen equipment and services to customers and all sales are considered a business-to-business contract.

Ordering

1. No order will be placed until confirmed by SuperModern as an invoice and deposit is received.
2. Quotations, price lists and other publications of SuperModern's shall not constitute offers.
3. By placing an order the customer will be deemed to have read and accepted these terms and conditions and is making an offer to purchase the goods or services.

Disclaimer

1. Every effort is made to ensure that the descriptions, technical data and illustrations contained in catalogues, leaflets and advertisements are correct; however, they do not constitute a sale by description. SuperModern's policy is one of continuous updating and improvement and reserves the right to supply goods that have been modified by design, finish or specification, without notice.

Prices

1. Quotations and prices are subject to withdrawal and alteration at any time.
2. Prices are advertised exclusive of GST. Cost of delivery is included in the quotation price if advised.
3. GST - For the purpose of these conditions “GST” means GST within the meaning of A New Tax System (Goods and Services Tax) Act 1999. All prices quoted or contained in any publication of SuperModern (including these Terms of Sale) are exclusive of GST unless specifically stated otherwise. GST will be added to the price of the Goods and any other form of taxable supply at the rate applicable at the time of supply, and SuperModern will provide a valid tax invoice.
4. Prices do not include the cost of off-loading, location, erection and connection.
5. Occasionally an error may result in the advertised price or description of one of our products to be incorrect, in which case SuperModern will be under no obligation to honour the incorrect price or order.

Delivery

1. A delay may sometimes occur beyond SuperModern’s control and shall not be liable for any losses, costs, damages or expenses suffered by the customer.
2. The customer is not entitled to cancel the order because of a delay in delivery.
3. The delivery is to the ground floor outside the delivery site only. Any requirements or restrictions must be notified when the order is placed, additional charges may be applicable.
4. It is the customer’s responsibility to ensure that someone is available to accept delivery during the agreed delivery period. If the goods cannot be delivered the customer will be charged a re-delivery fee. 
5. The customer is responsible to ensure that the goods will fit the delivery premises and to check the dimensions of the delivery address for access, including all doors, corridors, stairs and corners.
6. Where possible, the customer should open and inspect the goods. The customer must ensure that the goods are unpacked and inspected within 24 hours of delivery and notify SuperModern immediately if required.
7. The customer must not use, fit or install any damaged or incorrectly supplied goods whether notified to SuperModern or not. If this occurs, the customer will be deemed to have accepted the goods and SuperModern will accept no further responsibility in relation to such goods.

8. If the customer requires a delivery to be rescheduled, an administration fee of $100 will occur

Payment

1. SuperModern will require payment in full before it will despatch the customer’s order. SuperModern has the right to pursue any remedy to collect any outstanding payment and to suspend deliveries without notice. Any costs incurred by SuperModern in collecting payment will be charged to the customer.
2. SuperModern accepts payments made by credit card, debit card, cheque or Bank Transfer. Payments made by credit card are subject to a card fee surcharge. All orders will be processed when the payment reaches SuperModern’s account.

Claims

1. No claim for damage in transit will be considered unless immediate notice is given verbally and in writing both to the carrier and to SuperModern within 24 hours of receipt of the goods, followed by a more detailed claim within 48 hours of receipt of the goods.
2. No goods returned to SuperModern will be accepted without prior written authorisation. A breach of these conditions shall debar the customer from making any claim.
3. SuperModern will not accept responsibility for any damage incurred resulting from the movement of the goods into or within the customers premises.

Warranty

1. All warranties provided with the goods are operated and controlled by the manufacturer or distributor. Full warranty terms available on request.
2. SuperModern will facilitate any warranty claims on behalf of the customer as its after sales support and should be the first point of contact for any warranty claims.

Force Majeure

1. SuperModern will not be under any liability whatsoever for non-performance of its obligation, as a result of any strike, lock out, fire, flood, inability to obtain material, breakdown, delay, war, insurrection, government act or regulation or any other cause beyond SuperModern’s control.

Cancellation

1.  SuperModern is not under any obligation to accept returns of unwanted or unsuitable goods and will only do so at its absolute discretion.
2. Returned goods will not be accepted unless they are unused and undamaged and returned complete with all parts, components, accessories and manuals. The customer will be charged the cost of replacing any missing items or repairing any damage.
3. No cancellations will be accepted after delivery. All cancellations must be made within 48 hours of payment and before dispatch.
4. SuperModern reserves the right to implement a re-stocking charge of up to 50% of the price of the Goods.
5. If customer has paid a deposit and sale falls through before delivery, SuperModern reserves the right to withhold 50% of the cost of goods out of the deposit. If this amount exceeds the deposit paid, the customer is liable for the outstanding amount. 
6. If the customer requires a refund of payment due after cancellation, then a separate $100 administration charge will be levied to cover the costs of raising the appropriate documentation.
7. Under no circumstances can the customer cancel an order for non-stock or bespoke products as these items are non-returnable.

Price Match

1. The price match product must be a new, identical product of the same make, model, size and colour.
2. Price match requests cannot be submitted retrospectively.
3. SuperModern reserves the right to remove this service temporarily or permanently at its discretion.

Compliance With laws And Instructions

1. The customer is solely responsible for obtaining all necessary permits and licences to comply with all applicable legislation, regulations, by-laws or rules in connection with the installation and operation.
2. The customer must comply with all instructions provided by SuperModern, The Manufacturer or Supplier’s in relation to the fitting, installation and use of the goods.
3. Governing Law - The applicable law of this agreement is the law of Victoria and SuperModern and the customer irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Victoria.