Terms of trade

1. Definitions

1.1 Toby’s Estate shall mean Toby’s Estate Coffee Inc its successors and assigns or any person acting on behalf of and with the authority of Toby’s Estate Coffee Inc.

1.2 Customer shall mean the Customer (or any person acting on behalf of and with the authority of the Customer) as described on any quotation, work authorisation or other form as provided by Toby’s Estate to the Customer.

1.3 Guarantor means that person (or persons), or entity, who agrees to be liable for the debts of the Customer on a principal debtor basis.

1.4 Goods shall mean Goods supplied by Toby’s Estate to the Customer (and where the context so permits shall include any supply of Services as hereinafter defined) and are as described on the invoices, quotation, work authorization or any other forms as provided by Toby’s Estate to the Customer.

1.5 Services shall mean all Services supplied by Toby’s Estate to the Customer and includes any advice or recommendations (and where the context so permits shall include any supply of Goods as defined above).

1.6 Price shall mean the price payable for the Goods as agreed between Toby’s Estate and the Customer in accordance with clause 3 of this contract.

2. Acceptance

2.1 Any instructions received by Toby’s Estate from the Customer for the supply of Goods and/or the Customers acceptance of Goods supplied by Toby’s Estate shall constitute acceptance of the terms and conditions contained herein.

2.2 Where more than one Customer has entered into this agreement, the Customers shall be jointly and severally liable for all payments of the Price.

2.3 Upon acceptance of these terms and conditions by the Customer the terms and conditions are binding and can only be amended with the written consent of Toby’s Estate.

3. Price And Payment

3.1 Toby’s Estate reserves the right to change the Price in the event of a variation to Toby’s Estates quotation.

3.2 At Toby’s Estates sole discretion a deposit may be required.

3.3 New York state and local tax, and other taxes and duties that may be applicable shall be added to the Price except when they are expressly included in the Price.

4. Delivery Of Goods

4.1 At Toby’s Estates sole discretion delivery of the Goods shall take place when: (a) the Customer takes possession of the Goods at Toby’s Estates address; or (b) the Customer takes possession of the Goods at the Customers nominated address (in the event that the Goods are delivered by Toby’s Estate or Toby’s Estates nominated carrier).

4.2 At Toby’s Estates sole discretion the costs of delivery are: (a) included in the Price; or (b) in addition to the Price; or (c) for the Customers account.

4.3 The Customer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery. In the event that the Customer is unable to take delivery of the Goods as arranged then Toby’s Estate shall be entitled to charge a reasonable fee for re­delivery.

4.4 Delivery of the Goods to a third party nominated by the Customer is deemed to be delivery to the Customer for the purposes of this agreement.

4.5 The failure of Toby’s Estate to deliver shall not entitle either party to treat this contract as repudiated.

4.6 Toby’s Estate shall not be liable for any loss or damage whatever due to failure by Toby’s Estate to deliver the Goods (or any of them) promptly or at all.

5. Risk

5.1 If Toby’s Estate retains Toby’s ownership of the Goods nonetheless, all risk for the Goods passes to the Customer on delivery.

6. Title

6.1 Toby’s Estate and Customer agree that Toby’s ownership of the Goods shall not pass until: (a) the Customer has paid Toby’s Estate all amounts owing for the particular Goods; and (b) the Customer has met all other obligations due by the Customer to Toby’s Estate in respect of all contracts between Toby’s Estate and the Customer.

6.2 Receipt by Toby’s Estate of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honored, cleared or recognized and until then Toby’s Estates ownership or rights in respect of the Goods shall continue.

7. Customers Disclaimer

7.1 The Customer hereby disclaims any right to rescind, or cancel any contract with Toby’s Estate or to sue for damages or to claim restitution arising out of any misrepresentation made to the Customer by Toby’s Estate and the Customer acknowledges that the Goods are bought relying solely upon the Customers skill and judgment.

8. Defects

8.1 The Customer shall inspect the Goods on delivery and shall within three (3) days of delivery (time being of the essence) notify Toby’s Estate of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote. The Customer shall afford Toby’s Estate an opportunity to inspect the Goods within a reasonable time following delivery if the Customer believes the Goods are defective in any way. If the Customer shall fail to comply with these provisions the Goods shall be presumed to be free from any defect or damage. For defective Goods, which Toby’s Estate has agreed in writing that the Customer is entitled to reject, Toby’s Estates liability is limited to either (at Toby’s Estates discretion) replacing the Goods, repairing the Goods, or a store credit.

9. Returns

9.1 Returns will be accepted up to 10 days after delivery, however no refunds will be issued, store credit only.

10. Applicable law

10.1 This site is created and controlled by Toby’s Estate in the State of New York, USA. As a result, the laws of the State of New York will govern these disclaimers, terms, and conditions, without giving effect to any principles of conflicts of laws.

11. Warranty

11.1 For Goods not manufactured by Toby’s Estate, the warranty shall be the current warranty provided by the manufacturer of the Goods. Toby’s Estate shall not be bound by nor be responsible for any term, condition, representation or warranty other than that which is given by the manufacturer of the Goods.

11.2 To the extent permitted by statute, no warranty is given by Toby’s Estate as to the quality or suitability of the Goods for any purpose and any implied warranty, is expressly excluded. Toby’s Estate shall not be responsible for any loss or damage to the Goods, or caused by the Goods, or any part thereof however arising.