Disclaimer
Whilst all reasonable care has been taken by Brawn Trading Co. Pty Ltd in the preparation of this information, it is provided without warranty of any kind. Links to other sources of information on the Internet are provided for your convenience, and do not imply endorsement or any warranty by Brawn Trading Co. Pty Ltd of the contents of any site. By accessing this service, you agree that Brawn Trading Co. Pty Ltd will not be liable for any expenses, losses, or costs, whether relating to injury, property loss, death, financial loss (whether direct or consequential), or losses of any other kind which you may incur as a result of the information being out of date, inaccurate or incomplete in any way or incapable of achieving any purpose. Mention of a particular technique or product does not imply endorsement by Brawn Trading Co. Pty Ltd, nor does it imply that any similar product is inferior.
Privacy
Brawn Trading Co. Pty Ltd (trading as Gourmet Gold) is bound by the National Privacy Principles contained in the Commonwealth Privacy Act. The Principles are designed to protect the confidentiality of personal information and the privacy of individuals by regulating the way personal information is managed.
We understand that when interacting with us the privacy and confidentiality of your personal information is important to you. That is why we are committed to safeguarding the personal information you provide to us.
What information do we collect?
Brawn Trading Co. Pty Ltd may collect personal information about you through our interactions with you. By way of example, Brawn Trading Co. Pty Ltd may collect information about individuals in the course of responding to product queries or orders. The personal information collected may vary depending on your particular interaction with Brawn Trading Co. Pty Ltd but will be limited to that information necessary to record and manage our interaction with you (eg. your name, relevant contact details and relevant information).
Brawn Trading Co. Pty Ltd may provide links on its website to other sites including sites run by its affiliates. These sites may have different privacy policies and you are advised to check the privacy policy on those sites.
How does Brawn Trading Co. Pty Ltd use personal information and to whom does Brawn Trading Co. Pty Ltd disclose it?
The Principles generally require Brawn Trading Co. Pty Ltd to use personal information only for the primary purpose for which it is collected, or for secondary purposes which are related to the primary purpose.
In general, Brawn Trading Co. Pty Ltd uses personal information for the following purposes:
To provide ongoing information about Brawn Trading Co. Pty Ltd’s products and services to people that Brawn Trading Co. Pty Ltd believes may be interested and to comply with legal obligations. In most cases, if you do not provide information about yourself which Brawn Trading Co. Pty Ltd has requested, Brawn Trading Co. Pty Ltd may not be able to provide you with the relevant service or information required.
Sensitive information is subject to greater restrictions
Some personal information collected by Brawn Trading Co. Pty Ltd is considered ‘sensitive’. Sensitive information which Brawn Trading Co. Pty Ltd. The Principles require that sensitive information is used and disclosed only for the purposes for which it was provided, or a directly related secondary purpose, unless you agree otherwise or for other specific reasons such as if the use or disclosure of this information is required by law or to prevent a serious and imminent threat to life or health of an individual.
Security of personal information
Brawn Trading Co. Pty Ltd is committed to keeping your personal information secure. All reasonable precautions will be taken to protect information form loss, misuse or alteration. This information will be shared within Brawn Trading Co. Pty Ltd only. Except as described above we will not knowingly disclose any of this personal information to outside parties unless you have consented to the disclosure or we are required by law to do so. While we endeavour to keep information and materials on the Site, including those provided by you or on your behalf, secure and confidential, we will not be responsible for any breach of security caused by third parties and do not represent that the Site is completely secure. Brawn Trading Co. Pty Ltd has directed its staff that personal information must be dealt with in accordance with this Policy and kept secure from unauthorised access or disclosure.
Cookies
Brawn Trading Co. Pty Ltd, in common with many website operators, may use standard technology called cookies on this Site. Cookies are small data files that are downloaded onto your computer when you visit a particular website. You can disable cookies by turning them off in your browser, however, some areas of the Site may not function properly if you do so.
Spam
Brawn Trading Co. Pty Ltd’s interactions with you are also regulated under the Spam Act. Brawn Trading Co. Pty Ltd complies with these laws and will not send you a commercial electronic message unless permitted by the Act. Accessing and Updating personal information that Brawn Trading Co. Pty Ltd holds about you. Brawn Trading Co. Pty Ltd has appointed a Privacy Officer to oversee Brawn Trading Co. Pty Ltd’s management of personal information in accordance with this Policy and the Commonwealth Privacy Act. The Privacy Officer’s contact details are set out below. You can, in most cases, access the personal informationBrawn Trading Co. Pty Ltd holds about you. If you wish to do so, please contact the Privacy Officer.Brawn Trading Co. Pty Ltd endeavours to ensure that the personal information it holds is accurate, complete and up-to-date. Please contact the Privacy Officer if you believe that the information Brawn Trading Co. Pty Ltd holds about you requires changing or becomes out-of-date.
What if you have an enquiry?
If you have any questions about this Privacy Policy or Brawn Trading Co. Pty Ltd’s privacy practices please contact the Brawn Trading Co. Pty Ltd Privacy Officer. Brawn Trading Co. Pty Ltd will endeavour to act promptly in response to a request.
How to contact us
If you have questions about Brawn Trading Co. Pty Ltd and privacy, wish to provide feedback about this policy, would like to update your personal details held by Brawn Trading Co. Pty Ltd or wish to access information held by Brawn Trading Co. Pty Ltd about you, please contact us.
TERMS & CONDITIONS OF SUPPLY
- DEFINITIONS & GENERAL TERMS
1.1. These terms and conditions shall apply to all goods or services provided by BRAWN TRADING COMPANY PTY LTD A.C.N. 093 488 656, being a company duly incorporated in the State of NSW or any subsidiary of it (“Brawn Trading”), to the purchaser or recipient of such goods or services (“Customer”), from time to time.
1.2. These terms and conditions constitute the entire agreement between the parties and prevail over all other communications between the parties, be they oral, written, previous or contemporaneous, unless otherwise expressly agreed in writing and signed by Brawn Trading.
1.3. This agreement will continue in effect and deemed accepted, unless otherwise amended by giving seven days’ notice in writing to the Customer, after which such changes will become legally incorporated.
- OUR OBLIGATIONS
2.1. Brawn Trading will:
(i) Treat as confidential all such information including, but not without limited the general nature and extent of this undertaking, relating to any Customer information;
(ii) Identify any information that it may require from the Customer in order to deliver the goods as and when the information becomes necessary;
(iii) Comply with all reasonable instructions given by the Customer promptly and efficiently or give reasons for not doing so;
(iv) Exercise the degree of skill, care and diligence normally expected of a competent professional.
- YOUR OBLIGATIONS
3.1. The Customer will:
(i) Notify Brawn Trading, as soon as practicable, of any changes in the Customer ownership, name change and/or other details (including but not limited to change in address, fax, email);
(ii) Send by email, copy/details of remittance advice upon payment;
(iii) Provide adequate resources for delivery/receipt of goods;
(iv Where practicable keep separate and identifiable Brawn Trading goods and account to Brawn Trading for any proceeds derived from sale as in a fiduciary relationship with Brawn Trading;
(v) Grant Brawn Trading unimpeded access to enter upon premises where the unpaid goods may be located in order to retake possession without liability arising from any act of trespass. The Customer, following subsequent sale, accepts any diminution in value as payable by the Customer.
- PAYMENT
4.1. Brawn Trading prices are excluding GST (where applicable), current at the time of printing, but are subject to alteration without notice.
4.2. Unless otherwise agreed, invoices are payable by the due date indicated on invoices or if not stated within seven (7) days following the date of invoice.
4.3. A surcharge of 3% is applied to any accounts settled by MasterCard/Visa.
4.4. If full payment is not made by the due date, then late payment shall constitute a default, whereby:
(i) Brawn Trading reserves the right to withdraw and/or suspend any activity in order to minimise any further expenditure;
(ii) Overdue accounts shall be passed to Collectex for credit control incurring an administration fee of $25.00 per month added to the Customer’s account;
(iii) A default penalty may be charged at a rate of 3% plus 23 AUD per month calculated daily until payment is received in full;
(iv) Brawn Trading may add all costs of collection and expenses (including on a solicitor and own client basis) that it may incur in recovering from the Customer any overdue account.
- DELIVERY
5.1. The Customer is deemed to have inspected the goods upon accepting delivery, where such goods shall be deemed to be delivered upon being presented by Brawn Trading at the place agreed as the delivery address.
5.2. Risk of any loss, shortage, damage, theft or deterioration of the Goods shall be borne by the Customer from the time of delivery.
- RETURNS
6.1. Defective, non-confirming or wrongly supplied goods must be returned within 7 days of the date of delivery, where the goods:
(i) In the opinion of Brawn Trading, are in good saleable condition;
(ii) Remain in Brawn Trading’s original undamaged packaging;
(iii) Are a standard product of Brawn Trading and not specially ordered, manufactured or imported from overseas.
6.2. All items correctly supplied as ordered returned for credit may, at the discretion of Brawn Trading, be subject to a 15% handling charge to cover administration costs plus freight, tolls, etc. The Customer will be responsible for the costs of returning the goods to Brawn Trading as were originally dispatched.
- WARRANTY
7.1. Warranty claims must be made in writing within 7 days giving reasonable particulars of the event giving rise to such claim.
7.2. Where the goods are subject to an express manufacturer’s warranty the terms of such shall be deemed to be incorporated herein without creating any privity of contract between the Customer and such manufacturer to Brawn Trading. Judgment of claim under such warranty shall be final and binding upon Brawn Trading and the Customer.
7.3. The warranty referred to above shall not apply where the defect or damage, consequential, special, incidental or other indirect loss arising is not attributable to Brawn Trading.
- INDEMNITY & EXCLUSION OF LIABILITY
8.1. The Customer warrants that Brawn Trading is acting upon the Customer’s instructions and shall only be liable for direct loss or damage suffered by the Customer as the result of a breach by Brawn Trading of their obligations under this Agreement; without the effect of contracting out of the provisions of the Competition and Consumer Act 2010 except to the extent permitted by that Act where the Customer holds itself out as acquiring the services for the purpose of a business.
8.2. The total liability of Brawn Trading in contract, tort or otherwise arising from any defect, breach or negligence under this contract, howsoever arising, is expressly limited to the contract price.
- JURISDICTION
9.1. This agreement shall be construed under Australian Law and will be subject to the exclusive jurisdiction of the Australian Courts herewith.
- DISPUTES
10.1. In the event of any dispute, the undisputed portion of the account shall be payable forthwith without any deduction by way of set off, counterclaim or other legal or equitable claim, without the prior written consent of Brawn Trading.
10.2. Unresolved disputes by discussion or alternative medium shall be referred to an arbitrator of the in accordance with and subject to the provisions of the Commercial Arbitration Act 2010 (NSW) and its amendments or statutory modifications.
- NO ASSIGNMENT
11.1. The Customer may not assign sub-let or transfer any rights, burdens or obligations implied in this agreement. The rights and obligations of Brawn Trading here-under shall inure to the benefit or, shall be binding upon and may be enforced by the successors and assigns of Brawn Trading.
- PRIVACY ACT 1988
12.1. The Customer warrants to Brawn Trading that all information concerning the debtor and its instructions has been collected, obtained, used and disclosed in accordance with the Section 18 of Privacy Act 1988.
12.2. The Customer agrees that Brawn Trading may exchange any information for any purpose connected with its business including (but not limited to):
(i) Assessing (initial & ongoing) the Customer credit worthiness;
(ii) Report to credit providers in the event of payment default for collection of overdue payments;
(iii) Provide credit providers as to the status of the credit of account including the provision of repayment history information;
(iv) Protection/prevention from fraud, credit insurance and/or direct marketing activities.
- PERSONAL PROPERTY SECURITIES ACT 2009
13.1. The Customer acknowledges that Brawn Trading holds a “Security Interest” in the services and that Brawn Trading may register a financing statement in respect of the services in accordance with the provisions of the Personal Property Securities Act 2009. The Customer further waives its rights to receive a verification statement in respect of any financing statement or financing charge statement registered by Brawn Trading.
- SEVERABILITY
14.1. Should any part, provision or clause of this agreement be found to be unenforceable or to be ineffective by virtue of non-registration, illegality or otherwise, then such provision shall be severed without effecting the validity or enforce-ability of the rest of the agreement.
- TERMINATION
15.1. Without prejudice of any accrued rights, either party may terminate this agreement by a minimum thirty days (30) written notice to the other party, subject to satisfaction of the value and payment of all work done and materials used to the date of termination.
15.2. All notices pursuant to this agreement will be deemed validly given if personally delivered, posted, faxed or mailed to the given address of
Brawn Trading between 9.00am and 5.00pm on a working day.