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Terms of use
Supplier Terms for use of the ‘Sorted’ Platform
You acknowledge and agree on behalf of the Supplier that:
(a) Metcash Trading Limited ABN 61 000 031 569 (Metcash) agrees to permit the Supplier to access the website sorted.au, formerly itssorted.com.au, automatedchargethrough.com.au and chargethrough.com.au, (Website) for the purpose of listing the Supplier’s goods (Goods) that the Supplier will supply to Metcash on a Charge Through or Cross Dock basis, on these terms and conditions (Terms). These Terms apply unless agreed otherwise in writing by Metcash and the Supplier by specific reference to these Terms;
(b) except as supplemented or modified by these Terms, the Supplier’s current agreement(s) with Metcash or any of its related bodies corporate applicable to the supply of the Supplier’s Goods applies to the Supplier’s listing of and supply of Goods via the Website as Charge Through Goods or Cross Dock Goods (including, as applicable, the Agreement for the Supply of Goods or the Trading Terms Agreement) (Current Agreements);
(c) Without limiting clause (b), any requirements in the Current Agreements in relation to orders of Goods (including time periods in which orders must be rejected by the supplier before they are deemed accepted) apply to the Supplier under these Terms;
(d) the Supplier must, itself or through its logistics service provider, deliver Goods ordered by Metcash’s retailer customer within the states or territories the Supplier nominates on the Website:
(1) to that customer’s retail store in the case of Charge Through; or
(2) to the Metcash warehouse nominated by Metcash in the case of Cross Dock,
at the Supplier’s cost and expense (‘Free in Store’);
(e) the Supplier must ensure that:
(1) the price of Goods it lists on the Website includes delivery to Metcash’s retailer customer in the case of Charge Through and to the relevant Metcash warehouse in the case of Cross Dock;
(2) it has the legal right, financial means, capability, capacity and resources to supply Goods ordered by Metcash’s retailer customers (based on reasonable expectations of order volume given the number and type of such customers) via the Website in each state and territory it nominates;
(3) all information it provides in relation to the Goods on the Website, including pricing details for Goods ordered and/or delivered, is kept up to date, complete and accurate on the Website and is not misleading or deceptive. The Supplier is responsible for immediately updating or removing information as required to meet this requirement;
(4) without limiting the compliance obligations in the Supplier’s Current Agreements, all Goods and their labels comply with all Laws; and
(5) for all information, images and other content the Supplier uploads to the Website (Content), such uploading and communication to the public of such Content by Metcash via the Website will not infringe any person’s intellectual property or other rights;
(f) if the Supplier initiates a price change on the Website for Goods the Supplier lists on the Website:
(1) an increase in price will not take effect on the Website until 14 days after the Supplier initiates the change; and
(2) a decrease in price will take effect on the Website immediately upon the Supplier initiating the change;
(g) Metcash and the Supplier agree to keep confidential any pricing, deals or promotions the Supplier negotiates with a particular Metcash retailer customer ordering Goods by way of Charge Through or Cross Dock and not to disclose such information to any other person, except where required by law or as otherwise permitted under the Supplier’s Current Agreements;
(h) Metcash may vary these Terms from time to time in accordance with clauses 13.2 and 13.3 of Metcash Food’s General Terms and Conditions for the Supply of Goods; and
(i) in these Terms, bold terms have the meanings specified above, and:
(1) Charge Through means the process by which the Supplier delivers Goods ordered by or on behalf of Metcash’s retailer customer, as Metcash’s agent, directly to the customer and the invoice (or other volume, pricing and payment details) for those Goods is issued to, and payable by, Metcash; and
(2) Cross Dock means the process by which the Supplier delivers Goods ordered by or on behalf of Metcash’s retailer customer, as Metcash’s agent, to Metcash and Metcash delivers those Goods to the customer and the invoice (or other volume, pricing and payment details) for those Goods is issued to, and payable by, Metcash;
(3) Laws means all applicable laws and industry codes, standards and requirements; and
(4) references to Metcash include any related body corporate of Metcash which is a party to a Current Agreement.
Retailer Terms for use of the ‘Sorted’ Platform
You acknowledge and agree on behalf of the Retailer that:
(a) Metcash Trading Limited ABN 61 000 031 569 (Metcash) agrees to permit the Retailer to access the website sorted.au, formerly itssorted.com.au, automatedchargethrough.com.au and chargethrough.com.au, (Website) for the purpose of ordering and purchasing goods (Goods) from Metcash on a Charge Through, Cross Dock or Warehouse basis, on these terms and conditions (Terms). These Terms apply unless agreed otherwise in writing by Metcash and the Retailer by specific reference to these Terms;
(b) except as supplemented or modified by these Terms, the Retailer’s current agreement(s) with Metcash and/or any of its related bodies corporate applicable to the supply of Goods applies to the Retailer’s ordering and purchase of Goods via the Website as Charge Through Goods, Cross Dock Goods or Warehouse Goods. This includes:
(1) the Application for Trading Account, together with (as applicable) the Metcash Trading Terms or the Metcash Food Trading Terms (ATA); and
(2) as applicable, the Relationship Deed or, for retailers in Western Australia, the Franchise Agreement,
(Current Agreements);
(c) in respect only of Metcash’s retention of title in the Goods under the ATA, the Retailer acknowledges that the Retailer receives the Goods delivered by way of Charge Through at its premises as agent for Metcash and on its own behalf;
(d) Metcash and the Retailer agree to keep confidential any pricing, deals or promotions the Retailer negotiates with a particular Metcash supplier supplying Goods by way of Charge Through or Cross Dock and not to disclose such information to any other person, except where required by law or otherwise permitted under the Retailer’s Current Agreements;
(e) the Retailer consents to Metcash providing the Retailer’s contact details provided in its application for access to the Website (as updated by the Retailer from time to time) (Contact Details) to suppliers of Charge Through Goods or Cross Dock Goods ordered by the Retailer, for the purpose of the supplier of such Goods contacting the Retailer in relation to the Retailer’s order (for example, an order which does not meet minimum requirements, a delay in delivery, etc);
(f) Metcash may use the Retailer’s Contact Details to send electronic communications which include offers for the sale of Goods, which the Retailer may accept through the electronic communication. Any such acceptance will constitute the Retailer’s order for such Goods, which:
(1) Metcash will confirm to the Retailer; and
(2) the Retailer may amend or cancel on the Website up until 8pm on the day of the order;
(g) Metcash may vary these Terms from time to time by providing reasonable notice, which will not be less than 7 days notice, to the Retailer using an email address in the Contact Details for the address for notice. If the Retailer does not agree with the variation, the Retailer may cease use of the Website and may contact Metcash to request the de-registration of its account for the Website, and Metcash will promptly action any such request, To avoid doubt, Metcash may not vary a Current Agreement under this clause (g) without also complying with any applicable terms of the Current Agreement with respect to the variation;
(h) the Website includes information provided by third party suppliers. Metcash does not provide any warranties or representations:
(1) in relation to the information on the Website, including that it is correct, complete or up-to-date; or
(2) that the Website’s functioning will be uninterrupted or error-free.
To the extent any statutory consumer guarantee under the Australian Consumer Law applies to the provision of the Website, Metcash limits its liability for breach of the consumer guarantee to supplying the affected service again or paying the cost of having the affected service supplied again, at Metcash’s election; and
(i) in these Terms, bold terms have the meanings specified above, and:
(1) Charge Through means the process by which Metcash’s preferred suppliers deliver Goods ordered by or on behalf of the Retailer, as Metcash’s agent, directly to the Retailer and the supplier’s invoice (or other volume, pricing and payment details) for those Goods is issued by the supplier to, and payable by, Metcash;
(2) Cross Dock means the process by which Metcash’s preferred suppliers deliver Goods ordered by or on behalf of the Retailer, as Metcash’s agent, to Metcash and Metcash delivers those Goods to the Retailer and the supplier’s invoice (or other volume, pricing and payment details) for those Goods is issued by the supplier to, and payable by, Metcash;
(3) Warehouse means the process by which the Retailer orders from Metcash Goods stocked in Metcash’s distribution centres; and
(4) references to Metcash include any related body corporate of Metcash which is a party to a Current Agreement.