Terms & Conditions of Sale | Industry Kitchens

Terms & Conditions of Sale

Last updated: 17 August 2025

Supplier:  Keenan Group Pty Ltd (ABN 33 669 144 629) trading as Industry Kitchens (“we”, “us”, “our”). Registered office: 14-16 East Court, Lilydale, 3140. Contact: 1800611058 · [email protected].

Snapshot: These terms apply to all quotes, orders and sales. Prices are in AUD and include GST unless stated. Title passes on full payment; risk passes on delivery. Manufacturer warranties apply in addition to your non-excludable rights under the Australian Consumer Law (ACL). Returns are by approval only; change-of-mind exclusions and restocking fees may apply.

Contents

1. Interpretation

ACL
Australian Consumer Law in Schedule 2 to the Competition and Consumer Act 2010 (Cth).
Business Day
A day other than a Saturday, Sunday or public holiday in Victoria, Australia.
Consumer/Consumer Guarantees
As defined under the ACL.
Goods
Equipment, parts and accessories supplied by us.
Services
Any services we supply, including delivery, installation where agreed, and support.
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2. Application of terms

These terms apply to all sales of Goods and Services by us to you and prevail over your terms (if any), unless we agree otherwise in writing. By placing an order, you accept these terms.

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3. Quotes & orders

  • Quotes are valid for 14 days unless stated otherwise and may be withdrawn at any time before acceptance.
  • We may accept or reject an order at our discretion at any time. An order is accepted when we issue a written order confirmation.
  • Images, drawings and specifications are indicative and subject to change by the manufacturer. Contact the manufacturer to confirm all information on our website or the specification sheets provided to you.
  • Custom, special-order or made-to-measure Goods are non-cancellable once confirmed.
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4. Price, GST & currency

  • Unless stated otherwise, prices are in Australian dollars (AUD) and include GST.
  • Prices exclude delivery, installation, site works, removal of old equipment, cranage and access equipment, uncrating & rubbish removal unless expressly included.
  • We may correct any pricing or typographical error and you may then cancel the affected item before dispatch.
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5. Payment terms

  • For online orders, payment is due at checkout. For account customers, terms are as advised if approved in writing.
  • We may require a deposit for special orders. Balances must be paid before dispatch.
  • Card surcharges or third-party finance fees (if any) will be disclosed at checkout or on your invoice.
  • If payment is late, we may suspend supply, charge reasonable collection costs and interest at 8% p.a. above the RBA cash rate.

Finance/leasing: If you use a third-party financier, you remain responsible for any deposits and for meeting financier conditions. Delivery may be scheduled only after finance approval.

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6. Delivery, risk & delays

  • Risk in Goods passes on delivery to the shipping address or collection point. Title passes under clause 8.
  • Standard delivery is kerbside/ground-floor during business hours. Premium services (e.g., tail-lift, timed delivery, inside delivery, removal of packaging) must be arranged in advance and may incur fees.
  • Lead times are estimates. We are not liable for reasonable delays caused by manufacturer backorders, freight networks, industrial action or events beyond our control.
  • You must provide safe and reasonable access for delivery. Redelivery/abort fees may apply if access is unavailable.
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7. Installation & site readiness

  • Unless expressly included, installation and commissioning are not included.
  • You must ensure services (power, gas, water, waste, ventilation) and clearances meet the manufacturer’s requirements, local regulations and applicable Australian Standards.
  • Where installation/commissioning is required for warranty activation, you must use an appropriately qualified technician and retain proof of commissioning.
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8. Title & security (PPSA)

  • We retain title to Goods until we receive full payment for those Goods.
  • Until title passes, you must keep Goods identifiable and in saleable condition and must not encumber them.
  • You grant us a security interest under the Personal Property Securities Act 2009 (Cth) in the Goods and their proceeds and consent to us registering that interest. You will do all things reasonably required to protect our security interest.
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9. Inspection & acceptance

You must inspect Goods on delivery and notify us in writing of any shortfall, damage or defect within 24 hours of delivery or at the time of collection. If you do not, the Goods are deemed accepted, subject to any non-excludable rights.

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10. Returns & change of mind

  • Returns require our prior written approval and an RMA number. Contact us before returning any item.
  • Change-of-mind returns are at our discretion within 14 days of delivery, unopened and in original packaging. Restocking and freight fees may apply.
  • Custom/special-order, used, installed, or food-contact Goods (where hygiene laws apply) are not returnable unless required by law.
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11. Warranties & ACL

  • Manufacturer warranties apply as stated by the manufacturer. Warranty service is usually provided by the manufacturer’s authorised service network.
  • Carry-in vs on-site service: Many warranties are carry-in (you bring the item to a service agent). On-site service, if offered, may be metro-only and exclude installation/commissioning faults and access issues.
  • Warranty activation may require registration and/or commissioning by a qualified technician. Follow the manufacturer’s installation, maintenance and cleaning instructions to keep warranty valid.
  • ACL notice: Our Goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have Goods repaired or replaced if they fail to be of acceptable quality and the failure does not amount to a major failure.
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12. Faults, damage & transit claims

  • For transit damage, if possible contact us at time of delivery by phone; otherwise note it on the carrier docket at delivery, photograph the packaging and product, and notify us within 24 hours.
  • Items that are Click & Collect or Customer pickup must have damaged advised at the time of pick-up prior to loading & transit. We recommend transit insurance.
  • Do not install or use damaged Goods. Keep packaging until your claim is assessed.
  • Dead-on-arrival claims must be raised promptly with evidence (photos, video, technician report where applicable).
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13. Liability

To the extent permitted by law, our liability for breach of a non-excludable condition or warranty is limited, at our option, to replacement or repair of the Goods, resupply of the Services, or payment of the cost of doing so. We are not liable for loss of profit, revenue, business interruption, data loss, or any indirect or consequential loss.

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14. Indemnity

You indemnify us against loss or liability arising from your breach of these terms, misuse or unauthorised alteration of Goods, or failure to ensure site readiness, compliance or safe access, except to the extent caused by our negligence or wilful misconduct.

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15. Force majeure

We are not liable for delay or failure to perform due to events beyond our reasonable control (including acts of God, supplier delays, epidemics, transport failures, or industrial action). Timeframes extend for the period of the delay.

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16. Privacy

We handle personal information in accordance with our Privacy Policy and the Privacy Act 1988 (Cth). By placing an order, you consent to us sharing necessary details with manufacturers, service agents and carriers to fulfil your order and provide warranty support.

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17. Website content & errors

Product information on our website is provided in good faith. We may correct content or pricing errors without notice. If an error materially affects your order, we will give you the option to proceed or cancel for a refund of affected items. All dimensions, technical information and power information are advised in good faith. Items should be measured and checked onsite prior to installation. 

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18. Product suitability

Unless expressly stated, we do not provide design or engineering advice. You are responsible for ensuring the Goods are suitable for your intended purpose and site conditions. Seek professional advice where required.

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19. After-sales service & parts

For warranty service, contact the manufacturer or use our Warranty Service Request link above. For out-of-warranty repairs and spare parts, we can refer you to authorised agents where available.

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20. Governing law & disputes

These terms are governed by the laws of Victoria, Australia. The parties submit to the non-exclusive jurisdiction of the courts of Victoria and courts entitled to hear appeals from them. Before commencing proceedings (other than for urgent interlocutory relief), the parties will use good-faith efforts to resolve any dispute within 14 days of notice.

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21. Variations

We may amend these terms by publishing an updated version on our website. The terms in force at the time of order acceptance apply to that order.

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22. Notices

Notices under these terms must be in writing and delivered by hand, post or email to the contact details last notified by the recipient. Email is taken to be received when transmitted, unless the sender receives an automated failure notice.

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23. General

  • Severability: If a provision is invalid or unenforceable, it is read down or severed; the remainder remains effective.
  • No waiver: A failure to exercise a right is not a waiver.
  • Assignment: You must not assign or transfer your rights or obligations without our consent.
  • Entire agreement: These terms, your order and our order confirmation form the entire agreement for the supply, subject to any mandatory law.

Important: This document is a general template for commercial supply in Australia. Obtain independent legal advice to ensure it suits your business and complies with applicable laws and your industry.

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