Terms and Conditions of Sale and Service

Effective Date: 1^st of August 2025

These Terms and Conditions of Sale and Service (“Terms”) govern all goods and services supplied by Baker Group AU Pty Ltd (ABN 68 629 861 838) (“Baker Group”, “we”, “us”, “our”) to you, the purchaser of goods or services (“Customer”, “you”). By requesting, ordering, purchasing, or receiving goods or services from us, you agree to be bound by these Terms.

1. Definitions

In these Terms:

ACL means the Australian Consumer Law Schedule of the Competition and Consumer Act 2010 (Cth).

Goods means any catering equipment, spare parts, or other products supplied by Baker Group, including those sold via the Web Store.

Metro Area means the area within a 60-kilometre radius or a one-hour drive from the GPO of the nearest capital city, whichever is less.

PPSA means the Personal Property Securities Act 2009 (Cth).

Quote means a written quotation provided by us to you for the supply of Goods or Services.

Services means all repair, maintenance, installation, and related services provided by Baker Group.

Web Store means the Baker Group Online spare parts web store located at https://bakergroupau.com.au/online-store/

2. Quotes, Orders, and Acceptance

2.1. All Quotes are valid for 30 days from the date of issue, unless otherwise stated. A Quote is not an offer to supply.

2.2. An order or request for Goods or Services from you constitutes an offer to purchase in accordance with these Terms. Our acceptance of your order occurs when we issue an order confirmation or commence supply of the Goods or Services, at which point a binding agreement is formed.

2.3. We reserve the right to accept or reject any order at our discretion.

3. Price and Payment

3.1. Unless otherwise stated, all prices are exclusive of Goods and Services Tax (GST). You must pay GST in addition to the price.

3.2. Payment Terms: For Customers with an approved credit account, payment is due within 30 days from the date of our invoice (“Due Date”). For all other Customers, full payment is required prior to the dispatch of Goods or commencement of Services.

3.3. Late Payments: If you fail to make payment by the Due Date, we may, at our discretion:

(a) Charge interest on the overdue amount at a rate of 2% per month, calculated daily;
(b) Suspend or terminate the supply of further Goods or Services; and
(c) Charge you for all costs incurred by us in recovering the debt, including legal and collection agency fees.

3.4. Payment Methods: Payments can be made via bank transfer or credit card. Payments made by credit card may be subject to a credit card surcharge.

4. Title and Risk

4.1. Risk: Risk in the Goods passes to you upon delivery to your nominated address.

4.2. Title: Title and ownership of the Goods do not pass to you until we have received full payment for the Goods and all other amounts owing by you to us.

4.3. Until title passes, you hold the Goods as our bailee and fiduciary agent and must store them separately and clearly identifiable as our property.

5. Personal Property Securities Act 2009 (PPSA)

5.1. You acknowledge that these Terms constitute a security agreement for the purposes of the PPSA and create a security interest in all Goods previously supplied by us to you (if any) and all future Goods supplied by us to you.

5.2. You undertake to do all things necessary to enable us to register and perfect our security interest under the PPSA.

5.3. To the extent permitted by law, you waive your rights to receive any notice under the PPSA, including notices of verification statements.

6. Reactive Repair Services

6.1. Service Scope: We provide reactive repairs and breakdown maintenance to commercial catering equipment, including gas, electrical, and warewashing appliances.

6.2. Customer Responsibilities:

(a) You must provide safe and clear access to the equipment and property at the scheduled time. Failure to do so may result in a futile charge.
(b) You must ensure equipment is switched off and cooled to a safe temperature prior to our technician’s arrival.
(c) If we are required to undertake site-specific inductions (online or in-person), the time and any associated costs will be charged to you.
(d) You must provide accurate information when lodging a service request, including make, model, serial number, and a clear description of the fault.

6.3. Service Levels & Support Availability:

Business Hours Support: Phone (1800 24 24 28) and email (service@bakergroupau.com.au) support is available from 8:00 am to 6:00 pm AEST, Monday to Friday (excluding public holidays).
After-Hours Emergency Service: A 24/7 emergency breakdown service is available for critical issues outside business hours and is subject to after-hours rates.

6.4. Service Charges:

(a) Labour is charged in 15-minute increments, with a minimum charge of one hour plus a call-out fee for each site visit.
(b) Travel time outside the Metro Area is chargeable at our standard hourly labour rate.
(c) Any costs incurred for parking, tolls, or freight for parts will be on-charged to you.
(d) We will seek your approval before proceeding with work that exceeds your pre-approved limit or requires significant parts.

6.5. Rate Review: Our labour rates and charges are subject to review and change without notice.

7. Planned Maintenance Services

7.1. Scope: We provide proactive planned maintenance services (“Planned Maintenance”) as detailed in a separate Service Level Agreement (SLA) or Quote. These services are designed to minimise equipment failure and ensure optimal performance and will be carried out by a trained and licensed technician.

7.2. Scheduling: Planned maintenance visits will be scheduled in advance at a mutually agreed time. Customer responsibilities regarding site access, as outlined in clause 6.2, apply to all planned maintenance visits.

7.3. Service Inclusions: The specific checks, tests, and adjustments for each Planned Maintenance visit will be defined in the relevant SLA or Quote.

7.4. Exclusions: Planned Maintenance does not cover the cost of repairs or parts required for faults identified during the service, nor does it include the cleaning of equipment. Any remedial work required will be reported to you, and a Quote will be provided for your approval before such work commences.

8. Sub-contracting

8.1. We reserve the right to sub-contract the performance of any part of the Services to suitably qualified and licensed third parties (“Sub-contractors”).

8.2. We will remain responsible for the quality and performance of any Services carried out by our Sub-contractors and will ensure that they comply with all relevant obligations under these Terms.

8.3. To the extent permitted by law, any act, default, or negligence of a Sub-contractor will be deemed to be an act, default, or negligence of Baker Group.

9. Equipment and Spare Parts Supply

9.1. New Equipment: We supply a range of commercial catering equipment. All sales are subject to these Terms.

9.2. Spare Parts: We supply spare parts for repair jobs and for direct sale via our Web Store or other channels.

9.3. Delivery: We will make reasonable efforts to deliver Goods by the estimated delivery date, but we are not liable for any delays.

9.4. Returns: Goods may only be returned with our prior written consent and may be subject to a restocking fee of 20% of the price of the Goods plus freight costs. Specially ordered or non-stock items are non-returnable.

10. Baker Group Online Spare Parts Web Store

10.1. These Terms apply to all purchases made via the Web Store.

10.2. Prices listed on the Web Store are subject to change without notice. An order is only confirmed once we have processed it and sent a confirmation email.

10.3. While we strive for accuracy, we do not warrant that product descriptions, images, or other content on the Web Store are accurate, complete, or error-free. It is your responsibility to ensure the part ordered is correct for your application.

10.4. Payment for Web Store orders must be made in full at the time of purchase via the available payment gateways.

11. Warranties

11.1. ACL: Our Goods and Services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled to cancel your service contract with us and to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.

11.2. Services Warranty: We warrant our workmanship on Services for a period of 30 days from the date of completion. This covers defects arising directly from our labour.

11.3. Installed Spare Parts Warranty: Spare parts supplied and installed by us are warranted against defects for a period of 90 days from the date of installation. This warranty covers the part only and does not include labour for replacement outside the 30-day Services Warranty period.

11.4. Web Store Spare Parts Warranty: Spare parts purchased directly from our Web Store, and not installed by us, are warranted against defects for a period of 90 days from the date of sale. This warranty covers the part only and is void if the part is not installed by a qualified and licensed technician. This warranty does not cover any costs associated with diagnosis, removal, or re-installation of the part.

11.5. Web Store Warranty Claims Process: To make a warranty claim, the Customer must submit a claim to the Baker Groups warranty department via warranty@bakergroupau.com.au The claim must include:

(a) The Part number and description.
(b) A detailed description of the alleged defect.
(c) Proof of the date of sale from the Customer to its end-customer (e.g., a copy of the end-customer’s invoice).

11.6. New Equipment Warranty: New equipment is covered by the relevant manufacturer’s or importer’s warranty, for which we provide a minimum of twelve (12) months’ coverage from the date of our invoice. The terms, conditions, and final determination of the claim rest with the manufacturer or importer. Warranty repairs will be carried out during Business Hours (Monday to Friday, 8:00 am to 4:00 pm, excluding public holidays). Services required outside these hours may incur additional costs. This warranty does not cover consumable items, including but not limited to filters, seals, and fuses.

11.7. Warranty Exclusions: warranties are voided if a fault is caused by misuse, negligence, abuse, power surges, pest or vermin infestation, failure to clean or maintain the equipment, or unauthorised repairs or modifications by any party other than a qualified/licensed technician. This also includes any conditions or damage deemed non-warrantable by the equipment manufacturer, including but not limited to improper installation, environmental factors, or operation outside of the manufacturer’s recommended guidelines.

12. Limitation of Liability

12.1. To the fullest extent permitted by law, our total liability for any loss, damage, or claim of any kind arising from the supply of Goods or Services is limited to, at our option, the cost of replacing the Goods, repairing the Goods, or re-supplying the Services.

12.2. We are not liable for any indirect or consequential loss, including but not limited to loss of profit, revenue, business, or productivity.

12.3. You indemnify us against any liability or claim arising from damage to third parties caused by the use of equipment we have serviced, except where such damage is a direct result of our negligence.

13. Privacy

We collect, use, and disclose your personal information for the purpose of conducting our business, in accordance with our Privacy Policy (available on request) and the Privacy Act 1988 (Cth).

14. General

14.1. Governing Law: This agreement is governed by the laws of New South Wales, Australia. Each party submits to the non-exclusive jurisdiction of the courts of that state.

14.2. Variation: We may vary these Terms at any time by publishing the updated terms on our website. Your continued engagement with us after such changes constitutes acceptance of the new Terms.

14.3. Force Majeure: We are not liable for any failure to perform our obligations if such failure is due to a cause beyond our reasonable control.

14.4. Entire Agreement: These Terms, together with any Quote or order confirmation, constitute the entire agreement between the parties.