Customer Agency Agreement
1. Appointment as Agent
By submitting an instruction through the Kegs Off Tap website, by telephone, email or any other approved ordering channel, the customer appoints Kegs Off Tap Pty Ltd ("Kegs Off Tap") as the customer's procurement agent for the purpose of facilitating the procurement of products requested by the customer.
The customer acknowledges that Kegs Off Tap does not receive or accept an order for the sale of liquor. Rather, Kegs Off Tap receives the customer's instructions to arrange, coordinate and facilitate the placement of an order with an appropriately licensed supplier on the customer's behalf.
2. Customer Instructions
Each request submitted to Kegs Off Tap constitutes an instruction from the customer authorising Kegs Off Tap to:
- identify an appropriately licensed supplier capable of fulfilling the customer's request;
- communicate the customer's requirements to that licensed supplier;
- coordinate product availability, pricing, logistics and delivery;
- facilitate payment and administrative processes necessary to complete the customer's request; and
- undertake all reasonable actions necessary to procure the requested products or services on the customer's behalf.
The customer acknowledges that these instructions do not, of themselves, constitute an accepted order for the sale of liquor.
3. Placement and Acceptance of Orders
Following receipt of the customer's instructions, Kegs Off Tap may submit an order to an appropriately licensed supplier on behalf of the customer.
The customer acknowledges that the licensed supplier retains absolute discretion to accept or decline the proposed order.
No contract for the sale of liquor is formed until the licensed supplier accepts the order and allocates the relevant keg or liquor products to the customer in accordance with applicable liquor legislation.
4. Completion of the Liquor Sale
Where the requested products include alcoholic beverages, the customer acknowledges that:
- the sale of liquor is conducted solely by the appropriately licensed supplier;
- ownership and title to the liquor pass from the licensed supplier directly to the customer at the time determined under the relevant sale and applicable liquor laws;
- Kegs Off Tap is not the seller of the liquor but acts solely as the customer's procurement agent in arranging and coordinating that transaction.
5. Payment Authority
The customer authorises Kegs Off Tap to receive payment on the customer's behalf for the purpose of facilitating the procurement process.
Any monies received by Kegs Off Tap relating to liquor products are held on behalf of the customer pending completion of the transaction by the licensed supplier.
Upon acceptance of the order by the licensed supplier, Kegs Off Tap is authorised to apply or remit those funds in accordance with the customer's instructions and the commercial arrangements between Kegs Off Tap and the licensed supplier.
6. Authority to Act
Kegs Off Tap may coordinate, on behalf of the customer and the licensed supplier:
- procurement;
- inventory allocation;
- delivery, collection or freight;
- installation of dispensing equipment;
- customer support;
- after-sales service; and
- any ancillary services associated with the customer's request.
7. Customer Acknowledgement
The customer acknowledges and agrees that:
- they are instructing Kegs Off Tap to act as their procurement agent;
- Kegs Off Tap receives instructions rather than orders for the sale of liquor;
- the licensed supplier determines whether to accept and fulfil the transaction;
- the sale of liquor is completed by the licensed supplier;
- title to the liquor passes directly from the licensed supplier to the customer; and
- Kegs Off Tap's role is limited to acting as the customer's agent in procuring and coordinating the transaction together with any separate goods or services supplied directly by Kegs Off Tap.
