1. Definition

• Where herein used the word Truffle Hill or Ogilvie & Co means Manjimup Artisan Truffles Pty Ltd T/A Truffle Hill / Ogilvie and Co (Supplier), and the word Buyer means the person, Corporation, Trustee, Partnership or Sole Trader whose name and address appears on such documents (e.g. invoices) to which these terms and conditions of sale are expressly related

2. Pricing and Payment

• All prices are in Australian dollars (AUD) and exclusive of GST unless stated otherwise
• The Buyer must pay GST on any taxable supply made in Australia by the Supplier to the Buyer, in addition to any consideration payable (unless it relates to an international sale)
• Payment is due strictly within 30 days from the date of invoice, unless agreed otherwise in writing
• The Seller may charge interest on overdue accounts at three (3%) per cent per month on accounts outstanding beyond thirty (30) days

3. Delivery and Risk

• Delivery dates are estimates only; the Seller is not liable for delays beyond its control
• Risk in the Goods passes to the Buyer upon delivery to the Buyer’s nominated address or carrier
• The Buyer must inspect all Goods on delivery and notify the Seller of any issues within 48 hours
• Orders with a minimum value of $400 will be delivered FREE INTO STORE (FIS)
• Orders under $400 incur a freight charge of:
  
  $15 for WA metropolitan orders
  $50 for all other locations
  
  

4. Title of Goods

• Title to the Goods remains with the Seller until full payment is received

5. Warranty and Food Safety

• The Seller warrants that all Goods comply with Australian food safety laws and the Food Standards Australia New Zealand (FSANZ) Code at the time of supply
• The Buyer must store and handle all Goods in accordance with food safety regulations and instructions provided

6. General

• (a) The Buyer acknowledges that these conditions of sale comprise the entire contract between the parties and that no reliance has been placed on any representation, advice or information not expressly stated
• (b) These terms are governed by the laws of Western Australia, and the Buyer submits to the jurisdiction of its courts

Credit Terms

In the event that this Application for Credit is approved, the Buyer agrees to the following:

1. Liability

• The Buyer remains personally liable for all goods and services requested, regardless of any change in trading structure

2. Payment Obligations

• Payment for all goods and services must be made in accordance with invoice terms or as otherwise notified

3. Insolvency or Default

• If the Buyer becomes insolvent, enters bankruptcy, receivership, liquidation, or ceases trading, all outstanding amounts become immediately payable or goods must be returned if requested

4. Acknowledgement of Terms

• The Buyer confirms receipt of the Supplier’s current conditions of sale

5. Application of Terms

• All sales are made strictly in accordance with the Supplier’s conditions of sale, which remain in force until updated

6. Evidence of Debt

• A certificate signed by an authorised representative of the Supplier is prima facie evidence of any amounts owed

7. Interest and Charges

• The Buyer must pay interest on overdue amounts at standard bank overdraft rates and indemnify the Supplier for any related charges

8. Retention of Title and Use of Goods

• (a) Ownership of goods remains with the Supplier until full payment is received
• (b) Goods are held by the Buyer as bailee until paid for
• (c) Goods may be resold in the ordinary course of business
• (d) Sale proceeds must be deposited into the Buyer’s bank account and not withdrawn until payment is made
• (e) Goods must be insured for full value against risks such as fire, theft, and damage

9. Recovery Costs

• The Buyer must reimburse all reasonable costs incurred by the Supplier in recovering overdue payments, including legal and debt collection costs

10. Changes to Terms

• The Supplier may amend terms or payment conditions at any time, applying to future transactions

11. Credit Discretion

• The Supplier may refuse to extend credit at any time without providing reasons

12. Multiple Applicants

• Where multiple applicants are named, liability is joint and several
• Words in the singular include the plural and vice versa

1. Definition

• Where herein used the word Truffle Hill means Manjimup Artisan Truffles Pty Ltd T/A Truffle Hill (Supplier), and the word Buyer means the person, Corporation, Trustee, Partnership or Sole Trader whose name and address appears on such documents (e.g. invoices) to which these terms and conditions of sale are expressly related

2. Product Description

• Products sold are fresh, perishable truffles (e.g., Tuber melanosporum)
• Truffles are natural products; variations in size, shape, aroma, and colour are expected
• Shelf life is limited (typically 10–14 days from harvest if properly stored)

3. Orders and Acceptance

• All orders are subject to confirmation and availability
• We reserve the right to refuse or cancel orders at our discretion (e.g., insufficient supply, regulatory restrictions)
• Customers are responsible for ensuring compliance with import regulations in their country

4. Pricing

• Prices are quoted in Australian Dollars per gram/kg unless otherwise stated
• Prices may fluctuate depending on seasonal supply and geopolitical or economic circumstances
• Final price is confirmed at order acceptance

5. Payment Terms

• Full payment is required prior to dispatch unless otherwise agreed in writing
• Accepted payment methods: bank transfer or approved payment platforms
• All bank charges, currency conversion fees, and transaction costs are the Buyer’s responsibility
• Payment is due strictly within 14 days from the date of invoice
• The Supplier may charge interest on overdue accounts at 3% per month beyond fourteen (14) days
• The Supplier reserves all rights to recover unpaid invoices under applicable local and international laws

6. Shipping and Delivery

• Shipping is via our nominated freight forwarder unless otherwise agreed
• Dispatch typically occurs within 24–48 hours of harvest
• The Buyer is responsible, upon arrival at the designated destination airport, for complying with all import requirements

Key conditions:

• Delivery timeframes are estimates only and not guaranteed
• Risk transfers to the Buyer upon delivery to the designated destination airport
• The Buyer must provide accurate delivery details and ensure availability for receipt

7. Perishability and Liability

• Fresh truffles are highly perishable and sensitive to delays, temperature, and handling
• We do not guarantee freshness upon arrival where delays occur due to:
  
  Customs clearance
  Freight delays
  Incorrect delivery information
  
  
• No refunds or replacements for deterioration after dispatch unless agreed in writing

8. Customs, Duties, and Import Regulations

• The Buyer is solely responsible for:
  
  Import permits
  Customs clearance
  Duties, taxes, and inspection fees
  
  
• The Supplier is not liable for shipments delayed, seized, or destroyed by customs authorities
• Any additional documentation required by authorities is the Buyer’s responsibility unless pre-agreed

9. Returns and Refunds

Due to the perishable nature of truffles:

• Returns are generally not accepted
• Claims must be made within 24 hours of delivery and include:
  
  Photographic evidence of the truffle on scales clearly showing weight and issue
  Original packaging details
  
  
• Approved refunds or credits are at the Supplier’s discretion

10. Storage and Handling

• Upon receipt, truffles must be:
  
  Refrigerated immediately (3–5°C)
  Kept dry and stored in breathable containers
  
  
• The Supplier is not responsible for spoilage due to improper storage after delivery

11. Force Majeure

• The Supplier is not liable for failure or delay due to events beyond its control, including:
  
  Weather conditions
  Transportation disruptions
  Customs delays
  Pandemics, strikes, or natural disasters
  
  

12. Limitation of Liability

• Liability is limited to the value of the goods supplied
• The Supplier is not liable for:
  
  Indirect or consequential losses (e.g., lost business, spoilage after delivery)
  Delays caused by third-party carriers
  
  

13. Food Safety and Compliance

• Products comply with applicable food safety standards in the country of origin
• It is the Buyer’s responsibility to ensure compliance with local food laws

14. Intellectual Property

• All branding, images, and product descriptions remain the property of the Supplier and may not be used without permission

15. Governing Law

• These Terms are governed by the laws of Western Australia
• Any disputes shall be resolved in the courts of that jurisdiction

16. Amendments

• Terms may be updated at any time without prior notice
• The version in effect at the time of order applies