Terms & Conditions

The terms and conditions outlined in all Endeavour Meats Sales Confirmation/Pro Forma Invoice and/or Purchase Order are the only ones that Endeavour Meats Pty Ltd will accept as included in any contract of purchase or sale made unless additional clauses are specifically agreed to in writing by both parties.

  1. Endeavour Meats will not accept any other confirmation of purchase other than outlines in the relevant contract.
  2. Endeavour Meats will not consider itself to be bound by the terms of any confirmation of purchase/sale that are inconsistent with or additional to the terms outlined in this document and the contact of sale and/or purchase.
  3. All suppliers must provide Endeavour Meats in respect to each delivery of goods an invoice within 3 days of delivery of the goods.
  4. All invoices must be accompanied by the relevant documentation to gain access into the market and or customer for whom the product is destined.
  5. Endeavour Meats may claim any right of set-off against the supplier or otherwise deduct or counter claim any amounts from the amounts payable to the supplier.
  6. All payment terms outlined in the Sales Confirmation/Pro Forma Invoice are to be adhered to as agreed and outlined.
  7. Without prejudice to any other rights Endeavour Meats may have against the supplier/customer, and to the extent permitted by law the supplier/customer shall indemnify Endeavour Meats for, and save it harmless from, any loss, damage, expense and cost (including legal cost on a full indemnity basis) incurred by Endeavour Meats shout the supplier/customer breach any of these terms and conditions or cancel any order or part thereof once a contract is issued.
  8. The supplier/customer indemnifies Endeavour Meats against any claims, demands, actions or proceedings made or initiated against Endeavour Meats by any third party in respect to any damage, death or injury caused by or in any way attributable to the goods supplied.
  9. Force Majeure – If at any time during the continuance of this contract by reason of an act of god, an act of war act of public enemies, hostilities or blockade, or any other valid reason it becomes impossible for the seller to perform in accordance with the contract then this contract in relation to the affected deliveries only shall be at an end at the option of the seller and the buyer shall not in consequence have any claim for damages.
  10. This contract shall in all respect be interpreted in accordance with Incoterms 2020 and with the laws of New South Wales.
  11. The buyer shall be responsible for all wharfage/airport and handling costs in all FAS contracts.
  12. Payment terms are subject to prior credit approval.
  13. If a supplier is unable to supply the purchase order, Endeavour Meats may, but need not, accept partial supply and these terms of purchase continue to apply to the goods supplied.
  14. The supplier must at its own risk and cost obtain any import licence and any other official authorisation and carry out all customs requirements.
  15. The supplier must deliver the goods to the delivery point specified in the purchase order or delivery point later specified by Endeavour Meats.
  16. Endeavour Meats may cancel a purchase order at any time if the supplier fails to deliver the goods by the date and time agreed, breach any of the warranties outlined in Clause 18 of these terms and conditions or is insolvent within the meaning of the Corporations Act 2001.
  17. Title of the goods passes from the supplier to Endeavour Meats once Endeavour Meats has paid for the subject goods.
  18. The supplier warrants to Endeavour Meats that:
    1. The supplier has the right to sell the goods and the goods are free from any charge or encumbrance.
    2. Where the goods are supplied by reference to a sample the goods must be reflective of the sample in quality.
    3. Where the sale is by description, the goods must correspond with the description.
    4. The goods are of merchantable quality.
    5. The supplier knows the particular purposes for which the goods are being acquired by Endeavour Meats and the goods are reasonably fit for those purposes and that is reasonable for Endeavour Meats to rely on the skill and judgement of the supplier.
    6. The goods comply with all legislation, regulations and all governmental requirements in Australia relating to the goods and to the relevant Australia standard issued by standards Australia and,
    7. Use of the goods by Endeavour Meats will not infringe the intellectual property rights of any person.
  19. Any disputes between the parties arising from the performance of the provisions of these terms and conditions must be settled through consultation by the parties. All disputes arising by respect of these terms and conditions that are not settled within 30 days of 1st arising will finally be settled under the rules of the NSW arbitration process. The decision of the arbitrator is final and binding upon both parties.
  20. During the period in which the dispute is being resolved the parties must continue to perform all of the provisions of these terms and conditions which are not under dispute, and which are able to be performed by the parties.
  21. Any variation or modification of these terms and conditions must be in writing.
  22. These terms and conditions contain the entire agreement between the parties of the subject matter of this agreement.