Terms & Conditions

 

H & K Restaurant Systems

PO Box 6350

Wetherill Park  BC NSW  2164

Phone:(02) 9765 2615 or 1800 032 203 Fax: (02) 9765-2670

A.B.N 88 097 969 579                          A.R.B.N 102 722 565

 

You acknowledge that you have read all of the below Trading Conditions. You do not rely on any other understanding or representation, except as stated in those conditions. You acknowledge that those conditions regulate and limit our rights and obligations in a number of ways. We, and similar expressions, refers to H & K Restaurant Systems (ARBN 102 722 565).  You, and similar expressions, refer to you, our customer or proposed customer.

These conditions apply from 15 January 2013 and supersede any prior version.

1.    Our conditions always apply.  These conditions apply if we accept any order from you now or at any future time (whether for cash, or on credit).  An accepted order is non-cancellable.

2.    Our conditions overrule any other form.  These conditions prevail even if they are inconsistent with anything in any earlier or later order form or similar document.

3.    Quotations.  Any quotation we provide is not an offer capable of acceptance.  That applies whether or not the quotation is in writing. A price estimate provided orally is not a quotation.

4.    Order acceptance.  We are not obliged to accept any orders from you.  If you do place any order with us, then it becomes binding from the moment that we accept the order even if we do not tell you that it has been accepted.

5.    Price.  Our list prices ruling at the date that we accept a particular order apply to that order and that applies even where your order is pursuant to a quotation from us.  The only exception is where you are placing the order pursuant to a specific written quotation from us, where the quotation specifies that the prices remain current for a particular period and you place your order inside that period.  In that case, the quoted pricing applies subject to the other conditions set out below.

6.    Pricing ex-warehouse.  Our prices are for delivery ex- our nominated warehouse and you are responsible for taking delivery at that place.  References below to delivery must be interpreted accordingly. In addition all prices quoted are exclusive of outbound delivery or additional or special packaging costs which are added separately and quoted separately if we agree to ship the goods ordered by you.

7.    Credit card payments.  In addition to the specified prices, you must also pay us a convenience fee of up to 3.0%, which varies by card and order type, if payment is by credit card.

8.    Price Variations.  We may increase the applicable price for any particular item of goods ordered by you, to cover the full amount of any increase in our external costs for that item arising after the date that we accepted your order. However, that does not apply where there was a specific written quotation specifying the price would remain current for a particular period and your order was placed in that period. External costs include but are not limited to the dollar amounts of increases in our cost of obtaining supply or in freight or insurance costs or in associated taxes or indirect taxes (including but not limited to goods and services tax, customs duties and stamp duties and including new or increased taxes and the like, but excluding any tax calculated on net profit) or storage, packaging or preparation costs and any increase in our costs due to exchange rate variations (calculated by reference to changes in our cost of obtaining appropriate foreign currency amounts from our bank).

9.    Time for payment. Unless different terms are agreed to by us in an application for new store or contract packages, payment for any goods supplied is due on delivery or, if credit terms are offered, within one month after the date of our invoice for those goods.

10.  Shipping and Handling. This does not limit condition 5. We are entitled to invoice you for alternative shipping and handling arrangements to which we agree. If we agree to arrange delivery elsewhere we will deliver any goods ordered by you at your cost. We may dispatch an order in one or more instalments. In that case you must pay separately for each instalment and each instalment becomes a separate contract. Non-delivery of one instalment does not affect the contracts for the other instalments that are delivered or are to be delivered. If part of an order of any goods is not collected or accepted by you for any reason we may place such goods or services in storage, including at or on our premises. You must pay us for all expenses incurred in relation to storing any goods not collected or accepted and in any case not less than the commercial value of the storage space occupied by the goods. You take all of the risk associated with the goods in all respects from the time of delivery or, if we store goods that are ready for delivery then from the time that we notify you that the goods are held in storage.

11.  Postponement of delivery. If you request that we postpone a delivery, we may immediately, or at a later date, pack, hold and invoice that part of the goods as if then delivered.  You agree to pay (on our request) any storage charges that we incur, and on and from that time the goods will be at your risk, although they remain our property until full payment is made.

12.  Supply by instalment.  We may supply the goods in a particular order, by way of separate instalments.  In that case, each instalment is deemed to be supplied under a separate order which is subject to these trading conditions.

13.  Credit.  We may decide to give you credit, but we are not obliged to do so merely because we accept a credit application from you or because we have previously given you credit under an arrangement which has expired or been terminated.  If we do allow you credit terms, then you remain bound by these trading conditions and the credit terms are subject to any additional conditions that we set when we notify you of the approval of credit terms.  We may decline to give you further credit at any time.  If we do decline to give credit, that does not affect the conditions which apply to any amounts which you then owe to us.

14.  Representations in relation to credit approval.  Any credit terms that we extend to you are granted subject to the essential condition that you have made complete disclosure to us in your credit application of all material information relevant to our decision to extend credit and also kept us promptly informed of any material adverse change in your financial or business circumstances or of the matters of fact specified in your credit application. If you do not exercise your credit approval for 12 months, that approval lapses and if you want further credit you will need to re-apply and we may require updated information.

15.  Overdue payments If any amount you owe us is not paid within 7 days of the due date, then at our election all money that you owe us on any account becomes immediately payable despite any previously agreed credit conditions. In that case, and also if at any time you default under any other agreement that we have with you, without limiting our other rights we may suspend the supply of any goods and defer or cancel any outstanding orders. In addition monies owed may attract overdue interest of 18% annualised, or 0.05% per day of the overdue amount which we may calculate and invoice to your account weekly, for so long as the overdue amount remains unpaid. If any payment is overdue or any cheque is dishonoured or has to be re-presented, you must also pay or reimburse us for any reasonable costs or expenses we incur as a consequence or in seeking to recover payment. Recoverable costs and expenses include but are not limited to – dishonour fees; re-presentation fees; fees and commission charged by debt recovery agents; and legal fees.

16.  Securities.  Our rights are not limited by, or because of, any guarantee, indemnity, purchase money or other security interest, or other security that we hold in connection with your obligations.

17.  Packaging.  Unless otherwise expressly agreed by us in writing, packaging (if any) will be provided only in accordance with our standard practices from time to time.  If we agree to any additional or special packaging for you, then you must pay us extra calculated at our ruling rates.

18.  Pricing revision, shortages, pre-delivery damage. We will not recognise any claim for alleged incorrect pricing or for a shortage in a delivery or for any item being delivered in a damaged state, if the claim is not made within 48 hoursof delivery. When you or your carrier sign any delivery or consignment note or similar document on receipt of a delivery, that is conclusive evidence that you have received delivery without any shortage or damage that would have been visible on taking delivery without unpacking the goods. You carry all risk of goods from the point of delivery, including the risk of damage in transit after delivery.

19.  No right of cancellation.  You are not entitled to cancel an order or to return any item, just because you have changed your mind.  We are not obliged to accept cancellation of any order once accepted, or the return of any goods once delivered.  However, although we do not commit to do so, we may agree in special cases to accept a cancellation or return where the goods are standard goods that we normally carry in stock.  We are not bound by any decision to accept a cancellation or return except where we have issued a Return of Materials Authorisation, and then only as specified in the particular Authorisation.  Subject to what may be specified in the particular Authorisation, goods being returned must be accompanied by a copy of the relevant Authorisation; must be returned within 30 days of delivery; and must be returned in the same packaging and condition as when delivered.  Where we do accept a cancellation or return of goods, you must pay a cancellation and re-stocking fee set by us, not exceeding 15% of the full original price for the particular goods.  We may offset the fee against any credit and issue you with a credit note or refund (as we choose) for any balance.

20.  Your materials.  You warrant as an essential condition that there will be no infringement of the rights of any third party caused by you supplying us with, or us acting on, any design, specification, instructions or other materials supplied by you in connection with any particular order.  You must indemnify us against any liability arising out of any breach of that warranty.

21.  Software licences.  We supply any firmware or software which comes with goods or services, under licence only.  That licence, unless otherwise stated or necessarily implied, is non-exclusive but perpetual and only allows use of the particular firmware and software with the goods or services with which it is supplied.

22.  Intellectual property rights.  Nothing in our dealings with you will confer any express or implied right on you in relation to any of our intellectual property and you must be aware that we do not have the right to grant you any express or implied rights in relation to the intellectual property of any manufacturer or other third party.  Where expressly or by implication a manufacturer intends or might be presumed to intend that you have rights to use firmware or software that comes with particular goods supplied by us which have been paid for by you, you will have our tax invoice as evidence to support your claim to those rights, but ultimately that is a matter between you and the manufacturer. This does not limit clause 46.

23.  Our warranty.  We must repair or replace any new item supplied by us if there is any material manufacturing defect in materials or workmanship. We will only recognise a claim under this warranty for a new item, if you give due notice to us in writing within the warranty period. We must repair or replace any second hand or demonstration or refurbished item supplied by us if there is any material manufacturing defect in materials or workmanship. We will only recognise a claim under this warranty for a second hand etc item, if you give due notice to us in writing within the warranty period. The notice of warranty claim must state the warranty under which you are claiming and what has happened that gives you a claim. You must bear the costs of making the claim. Any costs incurred by you in substituting the defective product (including investigation and location of the defective product and costs of any kind incurred in carrying out the substitution), are to be borne by you. Your rights under this warranty are in addition to all your other rights and remedies under law. Any costs are subject to agreement as stipulated and set out in our agreed warranty procedures. The following only applies if you are a deemed "consumer" under the Australian Consumer Law and may not apply in your particular case. In telling you the following, we do not vary or extend the remedies otherwise available to you.

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

 

The name, business address, telephone number and email address of the person giving this warranty are: H&K Restaurant Systems ARBN 102 722 565 PO Box 6350 Wetherill Park BC NSW 2164 Phone (02) 9765 2615 Email: accounts @hki.com

24.  Full liability for injury or physical damage.  We do not seek to exclude our legal liability (if any) for any death or personal injury, or for any reduction in the value of physical property (things that can be touched), which is caused by our negligence (accidental lack of care). However, even where we are liable for death or personal injury or for the reduction in value of physical property, the following limits apply. We are not liable for any associated indirect or consequential loss or damage; and without limiting those general words, in those cases we are not liable for lost profits, lost savings, lost time, loss of or damage to goodwill, loss of or damage to data or records, or claims made against you by others. Also, we are not liable to the extent that something was caused or contributed to by your negligence or by the negligence of your contractors or agents or of any third party.

25.  Manufacturer.  We will use our reasonable endeavours to obtain for you the benefit of any warranty that we administer, from the manufacturer, of any goods that we supply to you. This provision does not require us to commence legal proceedings or incur legal costs. We make certain endeavours to ensure that goods supplied by us are sourced from reputable and qualified manufacturers based on appropriate product model or type certifications, by making preliminary enquiries about suppliers and by making preliminary checks or certifications. It is not practicable to test individual items for compliance or defects prior to supply.

26.  Sale by description.  We sell goods manufactured by us or sourced from manufacturers and other suppliers and sell to you based on description.  You decide what purpose to use those goods for or for which to re-supply those goods.  Also you alone are responsible for determining whether any product we supply is fit and suitable for your purpose although this does not limit any applicable consumer guarantee (if any, and subject to our other conditions). Any details, performance figures or specifications or the like that we provide, are approximations provided by us in good faith, and where relevant based on advice from the relevant manufacturer or supplier to us.  They do not represent any endorsement by us or reflect any independent assessment by us, and are provided only for general guidance.  A particular performance figure or specification must be interpreted after allowing an approximation tolerance and even then may not be obtainable or applicable in all circumstances. We are not supplying any service or advice of any nature. This condition applies despite any comment or representation made or implied by us. We intend that you do not rely on any advice from or representation by us unless made in writing and signed by one of our directors. In relation to any order we do not intend you to rely on any prior agreement, representation or negotiation by us or by any agent of ours or by any third party, unless made by us in writing and signed by one of our directors.

27.  No other representations. We rely on the following warranties from you as essential conditions.  You have not relied on any representation made or implied by us or arising out of or implied by our conduct, nor upon any description, illustration or specification contained in any document produced by us, including any catalogue or publicity material, unless made in writing for the purposes of a particular transaction and signed by one of our directors. To the extent that we have made or implied, or by conduct given rise to or implied, any representation that is not expressly stated in these conditions, you are not proceeding in reliance on the representation because you have had and taken the opportunity to independently check and form your own view about the significance, and the accuracy or otherwise, of the representation. Without limitation, you acknowledge that you are not relying on being able to make any claim against us, for any representation made or conduct occurring before, under or in connection with any order, beyond the claims that can be made, and the limits applying, as provided in these trading conditions.

28.  Estimated delivery times.  Delivery times are estimates only and we are not liable for minor delays in delivery.

29.  Unexpected delay. This condition applies if something happens which is beyond our reasonable control which makes it impossible, more difficult or more expensive for us to perform our obligations in our usual way.  In those cases, we may wait until it is again possible for us to perform our obligations in our usual way without additional difficulty or expense and we are not liable for any delay (or failure to deliver) which results.

30.  Exclusion of implied conditions. The law implies various terms, conditions and warranties which might apply to us supplying goods or services to you.  We exclude all of those terms, conditions and warranties, and any other terms, conditions and warranties which might otherwise have been implied by custom or otherwise, to the fullest extent permitted by law.

31.  Competition and Consumer Act etc limits.  Provisions of the Competition and Consumer Act, the Australian Consumer Law and other statutes in some cases either cannot be excluded, restricted or modified; or can only be restricted or modified to a limited extent.  If any such provision does apply, then to the extent permitted by law our liability under that provision is limited as follows.  Our liability in relation to goods is limited at our option to replacement of the goods or the supply of equivalent goods; or repair of the goods; or payment of the cost of replacing the goods or of acquiring equivalent goods; or payment of the cost of having the goods repaired.  Our liability in relation to services is limited at our option to the supplying of the services again; or the payment of the cost of having the services supplied again.

32.  Other damages claims excluded. Except as stated above, we are not liable for, and you do not rely on being able to claim against us for, any loss or damage or Consequential Damage under or in connection with or arising out of any agreement for us to supply goods, services, firmware or software or anything done or omitted in that regard or for that purpose, or in relation to any representation or conduct before, under or in respect of any order, and whether or not the possibility or potential extent of the loss or damage or Consequential Damage was known or foreseeable whether in contract or for negligence or any other tort or for breach of statutory, fiduciary or other duty (if any) and whether or not the act or conduct was authorised or required. Consequential Damage in these trading conditions includes loss of use, lost production, lost income or profits, loss of opportunity, lost savings, increased or wasted expenses, delay or lost time, loss of or damage to goodwill, increased operating costs, wasted or increased financing costs, loss of or damage to data or records, loss of or unavailability of or damage to tangible or intangible property, claims made against you by others, losses or costs or expenses associated with identification, investigation, assessment, repair, replacement or servicing and any other economic loss or damage and any other special, indirect or consequential loss or damage.

33.  Variations in specifications. We reserve the right to vary the specifications or performance criteria of any product from time to time and to obtain products from different sources, at our absolute discretion. We may do that without telling you provided we have reasonable grounds for believing that the alternative product offered is substantially similar to that previously offered or represents an improvement.

34.  Availability of spare parts.  We make every reasonable effort to ensure the reasonable availability of spare parts for any particular product type for at least 3 years from the first time it is or was supplied to a customer when it was new.  In either case, we are not liable if, having used reasonable efforts; we are unable to do so for a temporary or permanent period.  We may not be able to arrange for the availability of spare parts after the end of that 3 year period.  Where spare parts are available, our ruling rates at the time will apply.

35.  Assignment and Subcontractors.  We may, and you must not, assign any part or the whole of any right or benefit of any contract we have with you. We may choose to use one or more subcontractors to fulfil our obligations under any contract we have with you.

36.   Security interests and ownership passing on payment The following provisions apply to secure the payment, on the due date or dates for payment, of amounts that you owe to us and to secure your further obligations.  These provisions are essential conditions.  If you breach any of these provisions then at our election all amounts that you owe to us become payable in full and immediately.  Until you have paid the full price (including any associated charges), for all goods we have supplied (Goods), we remain the owner of the Goods. Until you become the owner of any Goods, we may enter into any premises or vehicle if we have reasonable grounds to expect that we may find any part of the Goods there.  If you default in paying any part of the price or fee, or associated charges, in connection with an order or if you breach any of these conditions then we may re-take possession of all Goods. That applies even if we hold some negotiable instrument or security for the amount unpaid.  This provision does not authorise you to sell the Goods.  Until you become the owner of particular Goods, you must store those Goods separately from all other goods and in such a way as to allow the particular Goods to be identified and to allow them to be identified as ours and keep them fully insured against all usual risks of damage or loss at your expense.  These provisions apply whether or not we have agreed to extend you credit in relation to the supply of the Goods. In relation to the Personal Properties Securities Act 2009 (the PPSA), the following further provisions apply, including in connection with any transaction that occurred prior to the commencement of the PPSA, to the extent if any that our interests are regulated security interests. Terms used here that are defined in the PPSA have the same meaning as in the PPSA where the context permits. You acknowledge and agree that in each case we have a purchase money security interest attaching to the particular Goods covered by an order to secure the payment by you to us of the purchase price and any applicable credit charges and interest payable. By taking delivery of Goods from us, you agree that a security agreement covers the Goods as set out in these provisions. You must not dispose or part with possession or control of the Goods, if you still owe us anything in connection with the Goods. You must, if requested by us, effect (including by registration) a continuing security interest in our favour in any Goods that you dispose of on credit terms, to better protect our security interests.  This provision does not authorise any such disposal, however and does not limit our other rights and interests. You also acknowledge and agree that even if separately described, calculated or specified, any amount (each, a purchase price component) due to us in connection with the supply of the Goods is part of the purchase price for these purposes.  That includes but is not limited to amounts that may be otherwise described, calculated or specified as storage fees, packaging or delivery charges and costs associated with delivery, and installation charges. You acknowledge that any purchase price component is only separately described, calculated or specified as a convenient way of determining the full purchase price. You agree that we may apply any payment from you or on your behalf, as we choose in our own interest. That applies irrespective of whether you, or the person making the payment, directs how the payment is to be applied. Without limiting those general words, we may apply a particular payment to or towards a payment or obligation that you owe to us that is not secured by any security interest or to or towards payment for a particular item or particular items rather than to another item or other items.  We may do anything we choose to perfect any of our security interests. You must act immediately when requested by us to do such acts and provide such information as we reasonably consider necessary or desirable to enable us to perfect any security interest created or provided by these provisions in the Goods or any proceeds. The following provisions of the PPSA do not apply – section 95 (notice of removal of accession, to the extent that it otherwise requires us to give a notice to you), section 130 (notice of disposal, to the extent that it otherwise requires us to give a notice to you), section 132(3)(d) (statement of account), section 132(4) (statement of account if no disposal), section 135(1)(a) (notice of retention, to the extent that it otherwise requires us to give notice to you), and section 143 (reinstatement). You waive your right under section 157 PPSA to receive a notice in relation to any registration event in connection with any collateral that is commercial property. We may delay disposing of, or taking action to retain, the whole or part of the collateral beyond the period mentioned in section 125(2) of the PPSA for as long as we see fit provided we act honestly. We reserve all our rights and powers in relation to any security interest that are in addition to any right or power conferred under the PPSA. We may choose between our various rights and powers, including for enforcement of any security interest, as we see fit and without limiting our other rights and powers.  You warrant to us as an essential condition that you are not acquiring the Goods for use (nor will you use them), predominantly for any personal, domestic or household purpose. You acknowledge that accordingly all of the collateral under each security interest is commercial property. The collateral to which the security interests attach in each case is respectively each of the items comprising the Goods, as stipulated above and which as the case requires are items belonging to the "other goods" class of collateral or otherwise to the corresponding class or classes of collateral we identify. The collateral to which the security interests attach in each case includes but is not limited to any particular such item of the Goods that is or may be held by you as inventory; and also includes any proceeds of that collateral which proceeds you agree may be described in any relevant financing statement as "all present and after-acquired property".

37.  Responsibility for goods once they leave our premises.  We are responsible for goods only whilst the goods remain on our premises or if we agree to ship those goods, until they delivered to you from us or our carrier.  Once goods leave our premises or if we agree to ship those goods, after delivery of the goods to you, you are responsible for them and from then, they are at your risk.  We strongly recommend that you arrange to insure the goods for their full reinstatement value from that time and make sure your insurer is aware that ownership still will not pass to you until payment (see above).

38.  Default.  In addition to our right of termination where a payment is overdue (see above), we also have the right to terminate all outstanding orders we have accepted from you if you fail to remedy any breach of your obligations within 7 days of a written notice from us that specifies the obligation and requires you to remedy the breach or observe the obligation (as the case requires), or immediately if an event of insolvency occurs in relation to you.  If we duly terminate an outstanding order, you remain liable for, and we may recover from you, loss of bargain damages and also damages in respect of the breach on which termination was based.  Event of insolvency means the happening of any of these events in relation to you – you becoming bankrupt or being unable to pay your debts when due; becoming an insolvent under administration, or an externally-administered body corporate, for the purposes of the Corporations Act, or any application is made or other action taken which could result in that circumstance; or you are or state that you are insolvent or unable to pay your debts as they fall due; or you cease to carry on your business or any material part of it, or threaten to do so; or any writ of execution, garnishee order, Mareva injunction or similar order, attachment, distress or other process is made, levied or issued against or in relation to any of your assets; or if you are a body corporate, you are taken to have failed to comply with a statutory demand under the Corporations Act; if you are a body corporate, you enter into, or resolve to enter into, a scheme of arrangement or composition with, or assignment for the benefit of, or for any class of your creditors, or propose a reorganisation, moratorium or other administration involving any of them (except for a bona fide reconstruction or amalgamation while solvent); or if you are a body corporate, you resolve to wind yourself up, or otherwise dissolve yourself, or give notice of intention to do so (except for a bone fide reconstruction or amalgamation while solvent); or anything analogous or having substantially similar effect to any of the circumstances or events specified above, happens in relation to you under the law of any applicable jurisdiction.

39.  Certificate of debt.  You are bound by any certificate signed by any of our directors or solicitors which shows any amount or calculation relevant to what you owe us.  The only exception is where you can prove the certificate is wrong.

40.  Finance company arrangements (if any).  If you wish to lease or to finance the purchase of goods from us through a financier then our trading conditions still apply (with only the minimum changes necessary) between you and us. Our trading conditions still regulate our rights, obligations and liabilities both to you and to the financier and you must indemnify (protect) us against any claim to the contrary by the financier.

41.  Variation.  These conditions can only be varied by one of our authorised officers, signing a document which states the variation, and the transaction to which the variation applies.

42.  Governing law.  These conditions are governed by and are to be interpreted according to the laws in force in New South Wales.  You and we submit to the non-exclusive jurisdiction of the Courts of New South Wales.

43.  Waiver.  We do not waive any right, power, privilege or remedy because of any failure, delay, relaxation or indulgence on our part; nor does any single or partial exercise of any right, power, privilege or remedy preclude any other or further exercise of that or any other right, power, privilege or remedy.  No waiver is valid or binding on us unless in writing, duly signed by one of our authorised officers.

44.  Blanks.  We may complete blanks, and correct any obvious errors, in any documentation relating to an order.

45.  Notices. All notices you and we give each other must be in writing and signed. A notice from us may be signed by any of our managers, directors or solicitors. Notices must either be delivered by hand or sent by prepaid post. Notices must be given at our Sydney head office (for us) or (for you), any address shown for you in anything you have supplied to us, or a changed address of which due notice has been given. Notices are deemed given on the day of delivery if delivered between 9am and 5pm on a day in which banks are open in Sydney that is not a Saturday, Sunday or public holiday, or on the next such day following delivery if delivered at some other time, or two days after posting if given by prepaid post. Notices must not be given by facsimile.

46.  Trade Markings and IP Rights. You may refer to goods acquired from us by their associated names, including associated trademarks and logos, provided that such reference is not misleading nor prejudicial in any way to us or our or our suppliers’ intellectual property rights. You may not remove or alter any serial numbers, trademarks or other markings or get-up, nor may you co-brand or co-logo any goods provided by us. You do not acquire any right to any of our intellectual property. You must not incorporate any of our trademarks into your trademarks, company names, Internet addresses, domain names, or any other designations.

47.  Publicity. We may use your name in promotional materials, including press releases, presentations and customer references regarding the sale of any goods. You give us that permission free of charge for worldwide use in any medium. However, we will obtain your prior approval for publicity that contains quotes or endorsements attributed to you.

48.  IP Infringement. If there is any allegation or apprehension that any goods we have supplied to you infringe the rights of others you must tell notify us and must give us the opportunity to modify, alter or substitute the alleged infringing item or items. This provision is in addition to our other rights.

49.  GST.  Anything we might have said to you about GST in connection with these conditions was only intended to reflect our current understanding and may not have been applicable in your particular circumstances.  We recommend that you obtain and only rely on your own independent expert advice in relation to GST. GST, tax invoice and taxable supply in these conditions have the meanings defined in A New Tax System (Goods and Services Tax) Act 1999 as may be amended or substituted from time to time.  If those definitions are repealed, then those words have the meanings defined for such comparable terms as we may reasonably identify in any comparable legislation.  All of our prices and charges are stated exclusive of GST, unless specifically stated otherwise.  Despite anything else in these conditions to the contrary, to the extent that we are liable to pay GST in connection with any taxable supply pursuant to these conditions (the affected supplies) - (a) We may add to each of the amounts payable by you for the affected supplies, an allowance in respect of GST as reasonably calculated by us (for past, present or future GST liabilities) and you must pay us the higher amount which results. (b) Any amount payable under these conditions, including an amount payable because of the previous provisions, remains payable whether or not there is disclosure of any amount included on account of GST. (c) We must comply on demand with our obligations in relation to the issue of any relevant tax invoice to you.

50.  Information and privacy arrangements.  We may collect personal information in connection with our dealings with you.  If so, we will abide by our privacy policy.  A copy of that policy is available on our website http://hki.com/, if you require, please ask for a copy. Without limitation of anything in our privacy policy, you acknowledge that we may disclose details of your orders and the status of your account to McDonalds.

51.  Credit checks. You authorise us to (a) obtain credit information about your personal / consumer and commercial credit worthiness from any bank or trade referee disclosed to us and from any other credit provider or credit reporting agency for the purpose of assessing any application made by you for credit; (b) use, disclose or exchange with other credit providers information about credit arrangements in order to assess any application made by you for credit, to monitor credit worthiness and to collect overdue accounts, and (c) disclose the contents of any credit report to our solicitors and mercantile agents.