Trade Credit Application

To get started doing business, just complete the form below.

Or if you’d prefer, please download our Trade Credit Application form, complete the form and email to sales@moffatbeachbrewingco.beer

These Terms are the terms on which Moffat Beach Brewing Pty Ltd ACN 639 601 915 (MBBC) will supply its Goods and Services to you. By signing the Trade Credit Application form, ordering, purchasing, or continuing to order or purchase Goods and Services from Moffat Beach Brewing Pty Ltd, you agree that you are bound by these Terms.

1. Definitions

Australian Consumer Law means the law as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth).

Goods means any products or items sold to you by MBBC.

Delivery Date means any date by which MBBC expects the Goods to be delivered to you, as MBBC notifies you of from time to time.

Delivery Address means the address for delivery of an Order, including goods delivered in MBBC Kegs or Kegstar / Konvoy Kegs.

GST has the meaning given to it by the GST Act. GST Act means the A New Tax System (Goods and Services Tax) Act 1999 (Cth) as amended, varied, or modified from time to time.

Invoice means an invoice, statement, delivery docket or other similar document issued by MBBC to you in relation to the Goods and/or Services.

Kegstar / Konvoy Kegs means kegs owned by a third party keg provider and leased to MBBC to fill. Once delivery of a Kegstar / Konvoy Keg has been made to the Delivery Address, it is your responsibility to have Kegstar / Konvoy collect once empty.

MBBC Kegs means kegs owned by MBBC. Once delivery of an MBBC Keg has been made to the Delivery Address, it is your responsibility to notify MBBC once empty and ready for collection.

Loss means any loss, liability, cost, claim, expense, damage, charge, penalty, outgoing or payment and includes direct or consequential loss or damage.

Order means your order for the supply of Goods or provision of Services based on the Proposal or other similar request placed by or on behalf of you from time to time.

Proposal means any proposal document provided by MBBC to you containing options of Goods and Services for you to Order, as amended by MBBC from time to time.

Services means any delivery or other services requested by you in an Order, or provided to you by or on behalf of MBBC from time to time.

Terms means the terms and conditions of sale set out in this document.

You means the buyer who orders Goods and/or Services.

2. How A Contract Is Formed

Each Order placed by you is an offer by you to purchase the Goods and Services specified in that Order from MBBC on these Terms. Subject to clauses 11 and 12, MBBC will be taken to have accepted each such offer on notification of acceptance by MBBC or delivery of the Goods or provision of the Services. Each accepted Order will give rise to a separate agreement between MBBC and you.

3. Amendments To Order

At any time after placing an Order and before the Goods and/or Services the subject of the Order are delivered or provided to you, you may request changes to the Order by submitting a request to MBBC in writing. MBBC may, in its sole discretion, accept or reject any requested changes.

4. Delivery

MBBC or its transportation contractor will deliver the Goods to the Delivery Address that you nominate, provided that you comply with the terms of any such delivery arrangements and do all other things necessary to accept delivery of the Goods (including completing any necessary documentation in connection with alcohol excise). Any Delivery Dates or other dates provided by MBBC for the delivery of the Goods or supply of the Services are estimates only. You agree that Goods must be signed for on behalf of you at the time of delivery. MBBC may agree to sell and deliver Goods to you without making a separate charge for delivery.

5. Partial Or Late Delivery

MBBC may deliver a portion of the Goods ordered and may invoice or otherwise charge you for that portion. You may not refuse to pay for Goods or Services supplied solely because only a portion of the quantity ordered is delivered or because Goods were delivered after the Delivery Date. Notwithstanding the above and in addition to your rights under clause 14, if Goods are not delivered to the Delivery Address within 21 days of the Delivery Date, you may cancel the Order in respect of the undelivered portion of the relevant Goods or Services not supplied.

6. Price

The price that you must pay for Goods and Services is the price in the Proposal or such later document provided by MBBC. If there is no Proposal, the price is the then current price for those Goods and Services shown in any applicable price list of MBBC. Unless otherwise stated, all prices exclude GST. You agree that in addition to the price shown in the Proposal or price list (as applicable), you must pay any amounts for taxes (if applicable) and delivery which MBBC notifies you of from time to time.

7. Payment

You must pay for all Goods and Services within 14 days of the date of an Invoice. Failure to pay within 60 days will result in a default being lodged via Creditor Watch against your Australian Business Number (ABN).

8. GST

You must pay to MBBC the amount for any GST payable on a taxable supply made by MBBC in connection with any Order unless the price for the supply includes GST. Where you are required by these Terms to reimburse or indemnify MBBC for any Loss or other amount incurred, the amount to be reimbursed or paid will be reduced by the amount of any input tax credit that MBBC will be entitled to claim for the Loss or amount incurred and increased by the amount of any GST payable by MBBC in respect of the reimbursement or payment. This clause does not merge on completion or termination of any Order or contract. In this clause, words and expressions which are defined in the GST Act have the same meaning given to them by the GST Act.

9. Title And Risk

Title in the Goods only passes to you once MBBC has received the price and any and all other amounts that you are required to pay for or in connection with those Goods. Risk in the Goods passes to you upon the Goods being dispatched by or on behalf of MBBC for delivery to you.

10. Ownership Of Kegs

Goods may be packaged and delivered in MBBC Kegs from time to time. No legal or equitable title to MBBC Kegs passes to you and you hold any MBBC Kegs received from MBBC as bailee for MBBC, returnable at the will of MBBC and without prior demand by MBBC. Without limiting the foregoing, you must immediately make available for collection by MBBC upon demand any MBBC Kegs. You acknowledge that MBBC is authorised to enter the premises where the MBBC Kegs are stored for the purpose of taking possession of them. You must not purport to sell, transfer, assign or otherwise dispose of any right, title or interest in any MBBC Keg to any other person. You agree to indemnify MBBC in respect of any loss of or damage to any MBBC Keg.

11. Cancellation For Breach

Without limiting its other rights under these Terms, MBBC may cancel any Order or any contract referred to in clause 2, effective immediately upon providing you with written notice of cancellation, where:

• you do not pay an amount due to MBBC by the due date for payment.

• you breach any other provision of these Terms and do not remedy the breach within 5 business days of MBBC providing you with written notice specifying the breach and the remedy required: or

• you commit a breach of these Terms which, in MBBC’s reasonably held opinion, cannot be remedied.

• Following cancellation under this clause 11, MBBC may refuse to accept any further Orders from or for you.

12. Cancellation Where MBBC Cannot Supply

Without limiting clause 11, MBBC may cancel or suspend any Order or any contract referred to in clause 2 effective immediately upon providing you with written notice of cancellation or suspension where MBBC believes that it will be unable to supply the relevant Goods or provide the Services to you, provided that if MBBC cancels a contract or Order under this clause 12, it will refund to you any amounts already paid by you for the Goods and Services the subject of the cancellation.

13. Proposals, Catalogues, Samples And Price Lists

The Proposal, MBBC’s website, price lists, product catalogues and other similar documents do not constitute an offer by MBBC to supply Goods and provide Services appearing in those websites, lists or catalogues or an offer by MBBC to supply Goods or provide Services at the prices set out in those lists or catalogues. The Proposal, MBBC’s website, price lists and product catalogues may be changed by MBBC at any time without notice.

14. Consumer Guarantees

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 if the goods fail to be of acceptable quality. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and failure does not amount to a major failure.

Under the Australian Consumer Law, certain guarantees regarding the Goods and Services may apply if you are a ‘consumer’ within the definition of section 3 of the Australian Consumer Law, in particular guarantees regarding:

• title to the Goods passing to you.

• you are having undisturbed possession of the Goods.

• the Goods being free from undisclosed encumbrances.

•  the Goods being fit for any disclosed purpose or any purpose for which MBBC represents they are fit.

• express warranties in respect of the Goods made by MBBC being complied with.

• the Services will be rendered with due care and skill.

• the Services will be fit for a particular purpose; and

• the Services will be supplied within a reasonable time.

15. Limitation Of Liability

Where you acquire any Goods and/or Services other than as a ‘consumer’ within the definition in section 3 of the Australian Consumer Law, the maximum aggregate liability of MBBC for any Loss suffered by you in connection with any Order or any contract is limited at the sole option and discretion of MBBC to:

• the resupply of the Goods and/or Services; or

• a refund of any payment made by you in respect of those Goods and/or Services.

16. General Provisions

You must not assign or otherwise deal with any of your rights or obligations under these Terms without MBBC’s prior written consent. MBBC may assign or deal with any of its rights or obligations under these Terms at any time and without any requirement to notify you.

MBBC may (at its discretion) appoint a sub-contractor in relation to any of MBBC’s rights or obligations under these Terms.

No failure to exercise or delay in exercising any right under these Terms constitutes a waiver and any right may be exercised in the future. Waiver of any of these Terms must be in writing and is only effective to the extent set out in that written waiver.

If any provision of these Terms is void, unenforceable or illegal and would not be so if words were omitted, then those words are to be severed and if this cannot be done, the entire provision is to be severed from these Terms without affecting the validity or enforceability of the remaining provisions.

These Terms, the relevant Order and any Invoice constitute the entire agreement between you and MBBC in respect of the Goods and supersede all previous communications, representations, understandings or agreements. In the event of any inconsistency between these Terms and any Order or Invoice, the Order or Invoice will prevail to the extent of the inconsistency.

These Terms are governed by the laws in force in Queensland and you and MBBC submit to the non-exclusive jurisdiction of the courts of Queensland.