Terms Of Service
By agreeing to proceed with your purchase you are agreeing to these terms and conditions in full. Please read them carefully and if you have any queries you should contact Kelly Bros prior to proceeding any further.
In the event of a pricing error Kelly Bros reserves the right to alter pricing and/or the quantity of produce supplied to a customer to reflect the correct value.
Where produce is unable to be supplied due to unforeseen circumstances, Kelly Bros will endeavour to replace the produce with a suitable substitute.
Kelly Bros reserves the right to refuse to accept an order or to suspend a delivery at any time where circumstances dictate.
You acknowledge that once an order is placed it cannot be cancelled by you without providing Kelly Bros with at least 36 hours notice.
Delivery will usually take place within 24 hours of the delivery date nominated by Kelly Bros at the time the order is placed. If you have not received your Order in this time frame please contact us and we will trace your delivery.
Kelly Bros is not liable for any loss, damage or delay occasioned by you or any other person claiming through you arising from late or non delivery of the produce ordered. Delivery times are estimates only.
To ensure prompt and correct delivery and to best maintain quality of the produce we ask for you to provide us with full delivery details and instructions and where not provided or where delivery is unable to be made, our delivery agent will return the goods to Kelly Bros.
Should you receive produce that has been damaged in transit we will provide you with a replacement or alternative product of equal value of your choice or a full refund. Should you receive produce that is different to what you ordered then we will provide you a replacement (if produce is available) or an alternative product of equal value of your choice or a full refund.
If you are dissatisfied with the produce you receive you can return it for a full refund under the following circumstances -
• the produce must be returned within 7 days of delivery; and
• upon internal testing of the produce by Kelly Bros it is found to be faulty or defective; and
• Kelly Bros are satisfied that the produce is in original condition.
Kelly Bros will bear the reasonable costs of returning goods that are defective or do not meet the product description. All other returns are at your expense.
Damage in transit
In the event that you receive produce which appears to have been damaged in transit you should refuse to accept delivery of the produce, direct the delivery agent to return the produce to Kelly Bros and notify our Customer Service staff immediately by telephone.
If you have already accepted delivery and then notice that the produce appears to have been damaged during transit you should telephone our Customer Service staff immediately so we can address the issue.
Kelly Bros shall not be liable for any delay or failure to perform its obligations if such failure is caused by any event for which Kelly Bros could not reasonably have exercised control.
Place of contract
This Contract is made in the State of Victoria and the parties agree that all disputes arising between them are to be dealt with in the Courts and Tribunals of the State of Victoria and be subject to the law of the State of Victoria.
Limitation of liability
Kelly Bros’ liability for breach of any condition or warranty implied or at law is to be limited to:
(a) the replacement of the produce to the equivalent value; and
(b) the payment of the costs of replacing the produce; and
to the full extent permitted by law Kelly Bros shall not otherwise be liable for any loss or damage howsoever arising of whatsoever nature including but not limited to consequential loss in relation to the provision of produce pursuant to these terms and conditions.