Terms and Conditions

1. Introduction and Acceptance

1.1. Slade Wholesale Industries Pty Ltd ACN 673 695 513 trading as Black Knight Fresh Produce (‘BKFP, we, us or our’) is a wholesale fresh fruit and vegetable supplier and our purpose is to supply the freshest possible produce at the most competitive price.

1.2. Please read these Terms and Conditions (‘Terms’) carefully before using the www.bkfreshproduce.com.au (‘Website’).

1.3. By browsing, accessing or using the Website, or by ordering Goods or Services from us, whether through the Website or otherwise under clause 3 below, you acknowledge and warrant that you have read, understood and agree to be bound by these Terms and any additional terms and conditions notified to you from time to time.

1.4. We may change the Terms from time to time at our discretion and without notice. A version of the current Terms will be available on the Website. By continuing to use our Website or by purchasing our Goods or Services you accept the Terms as they apply from time to time.

2. Accounts

2.1. When you create an account with us, you must provide us accurate, complete, and current information.

2.2. You are responsible for the safekeeping of the password you use to access the Website and for any actions undertaken using your password.

2.3. You must inform us immediately once you become aware of any breach of security or unauthorised use of your account or password.

3. Ordering

3.1. You may order Goods or Services from us by placing an order on our Website, or in any other way agreed to by us.

3.2. An Order placed by you for Goods or Services supplied by us is binding on you once the Goods or Service are delivered to you in accordance with your order. 

3.3. By placing an order, you agree that these Terms prevail to the extent of any inconsistency with any other terms or conditions.

3.4. We reserve the right to decline your order for any reason.

4. Price

4.1. The Price for Goods and Services supplied by us is stated on the invoice.

4.2. GST (as determined in accordance with the A New Tax System (Goods and Services) Act 1999 (Cth)), and other taxes and duties that may be applicable shall be added to the Price, except when they are expressly noted in the invoice as included in the Price.

5. Payment

5.1. Payment of an invoice for Goods and Services supplied by us must be made within 7 days of the date of issue stated on the invoice, unless otherwise agreed in writing by us.

5.2. We accept the following methods of payment:

a. Direct Deposit into our nominated bank account; or

b. Stripe (using either Visa or Mastercard).

5.3. Any amount owing by you to us that is not paid by the due date stated on the invoice (or if no date is stated on the invoice, 10 days after the date of delivery), will incur interest at the rate of 15% per annum, accruing daily, until paid in full.

5.4. Payment occurs on the receipt of cleared funds into our nominated bank account.

5.5. You must make payment in full without any set off, counter claim or deduction whatsoever.

6. Delivery

6.1. Delivery is deemed to take place:

a. For Goods collected by you, at the time of collection; or

b. For Goods delivered by us, at the time of delivery at the address nominated by you when making your order.

7. Inspection

7.1. On receipt of the Goods, you agree to make a full inspection and examination of the Goods within 24 hours of delivery (‘the Inspection Time’).

7.2. In the event you consider the Goods are damaged prior to delivery or that you deem the quality to be unacceptable, you must notify us, and provide evidence or a photograph, within the Inspection Time.

8. Risk and Title

8.1. You are responsible for the Goods once delivery has taken place.  In other words, the risk in the Goods passes to you immediately on delivery, even if we complete delivery by leaving the goods at the address nominated by you without any person being there to receive the Goods.

9. Retention of Title

9.1. Ownership of the Goods in each delivery only passes to you:

a. when all of the Goods in that delivery are paid for in full; and

b. when all of the Goods in all other deliveries are paid for in full,

Until then:

c. ownership of the Goods remains with us; and

i. You hold the Goods as bailee and fiduciary for us;

ii. You must store the Goods supplied by us separately from your own goods; and

iii. You must keep records which relate to the Goods supplied by us separately from those which relate to your own goods.

10. Indemnity and Insurance

10.1. You agree to indemnify us against any claims for damage to access ways, storage, plant or equipment during delivery of the Goods.

10.2. You must take out and maintain suitable contracts of insurance to cover your obligations under these Terms.

10.3. You must take out and maintain suitable contracts of insurance to cover any loss and damage that may occur to the Goods after delivery.

11. Termination

11.1. We may terminate or suspend access to our Website immediately, without prior notice.

11.2. All provisions of the Terms which by their nature should survive termination shall survive termination.

11.3. If an event under this clause occurs, then:

a. immediately on our request, you must return to us any of the Goods supplied by us that you do not own;

b. you agree that we may enter the premises at which those Goods supplied by us are stored and retake possession of them; and

c. we may resell those Goods that we have retaken possession of.

12. Limitation of Liability

12.1. Your use of the Website is at your sole risk. Without limiting any provisions of these Terms, we will not in any way be liable to you for any kind of loss or damage incurred as a result of your use of the Website, including any viruses or other malicious software that may affect you while you use the Website or for any faults, failures or interruptions or the accuracy, timeliness, completeness, security or reliability of any communications (including any transactions) made using the Website. 

12.2. Except for liability in relation to breach of any non-excludable rights, our total maximum liability to you in contract, tort, statute or otherwise, is limited to five hundred dollars.

13. General

13.1. Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. 

13.2. Governing Law

These Terms are governed by the laws of Queensland, Australia.

13.3. Entire agreement

These Terms constitute the entire agreement between us, and supersede and replace any prior agreements we might have between us.

Contact Us

If you have any questions about these Terms, please contact us.

Phone:  0475 593 493

Email:  [email protected]

Post: Unit 8, 11-13 Morton Street, Chinderah NSW 2487