Terms of service
PLEASE READ THESE TERMS AND CONDITIONS (“TERMS”)
1. Introduction
1.1. These Terms apply to all Products supplied by us under a quote, order, or purchase made through our website or online store (“Order”). These Terms, together with the quote (if applicable), form the entire agreement (“Agreement”) between you and us for the supply of the Products.
1.2. If there is any inconsistency between the quote and these Terms, these Terms will prevail unless the quote expressly states otherwise.
2. Who we are and how to contact us
2.1 Peter Buckley Bobcat & Excavation Pty Ltd trading as Cherry Creek Co. ABN 72 611 621 731 (“we”, “us”, or “our”) is a supplier of artisan crackers and baked snack products made for retail, hospitality, and wholesale customers.
2.2 To contact us, please email cherrycreekcrackers@gmail.com OR 040 9482600.
2.3 References in these Terms to an “Order” or “Products” include all goods supplied by us to customers under a quote, invoice, order placed by email, phone, through our website or online store, or any other agreed method, and also any goods that may be ordered through our online or digital sales channels from time to time (“Products”).
3.1 By placing an order, accepting a quote, or purchasing our Products, you confirm that you have read, understood, and agree to be bound by these Terms and Conditions. If you do not agree to these Terms, you must not place an order with us.
3.2 These Terms apply to all sales of our Products, whether made directly (for example, by email, phone, or through a wholesale arrangement), through our website or online store, or through any other sales channel we may offer from time to time.
3.3 We are the owner or licensee of all intellectual property rights in our Products, branding, materials, and any content we make available. All such rights are reserved.
4. We may make changes to these Terms
4.1 We may update or amend these Terms from time to time to reflect changes in our business operations, product range, or applicable laws.
4.2 The version of the Terms in effect at the time you place an order or accept a quote will apply to that order.
4.3 If you continue to order Products from us after updated Terms have been issued, you will be deemed to have accepted the amended Terms.
4.4 These Terms were last updated on 4 February 2026
5. Changes to Our Business and Product Availability
5.1 We may, from time to time, update or make changes to our operations, product range, sales processes, or the way we provide information about our Products to reflect business needs, customer preferences, or legal requirements.
5.2 We may also suspend, withdraw, or limit the availability of our Products or services for business or operational reasons, including stock shortages, production issues, or system maintenance. Where reasonably practicable, we will provide notice of any such changes or interruptions.
5.3 All information we provide, whether through written materials, electronic communication, or online platforms, is provided on an “as is” and “as available” basis, and we make no representation or warranty, express or implied, that it will always be available, uninterrupted, or error-free.
6. Placing an Order for Products
6.1 By placing an order, accepting a quote, completing a purchase through our website or online store, or otherwise requesting to purchase Products from us, you are making an offer to enter into an Agreement to purchase those Products under these Terms.
6.2 Orders are deemed received when we confirm acceptance in writing, issue a tax invoice to you, or send an automated order confirmation via email for website orders. It is your responsibility to ensure that all details provided with your Order, including your contact and delivery information, are accurate and complete.
6.3 Each Order you place constitutes a separate agreement between you and us.
6.4 We reserve the right to accept or reject any Order, in whole or in part, at our discretion and at any time. If we do not accept an Order that you have already paid for, we will refund any amounts received.
6.5 Your Order becomes binding when we issue a tax invoice for the Products or, for website orders, when we send an order confirmation and process payment.
6.6 Minimum order quantities or values may apply to wholesale customers only, as advised by us from time to time. Orders below the minimum may be declined or subject to additional delivery fees. Minimum order requirements do not apply to orders placed through our website or online store for retail customers.
7. Availability of Products
7.1 All Products are offered subject to availability. If an item becomes unavailable or is withdrawn from sale after you have placed an Order, and payment has already been processed, we may either provide a suitable substitute or refund the amount paid for that item.
7.2 We take reasonable care to ensure that all product details, descriptions, and prices are accurate at the time they are provided. However, if an Order is affected by a genuine error (including an error in price, description, or availability), we reserve the right to correct the error, cancel or amend the Order, and refund any payment received.
7.3 Due to the nature of our Products, minor variations in colour, texture, or appearance may occur between batches or displays. Any photographs, samples, or descriptions are provided for illustrative purposes only.
7.4 We may vary or discontinue any Product at any time without notice and without liability to you.
8. Price and Payment
8.1 When you place an Order, you agree to pay the price quoted or advertised by us at the time of ordering, together with any applicable delivery, handling, or freight charges (collectively, the “Price”).
8.2 Unless otherwise agreed in writing, payment is due at the time the Order is confirmed or as specified on the tax invoice issued to you. For website orders, payment must be made at the time of purchase using the available online payment methods.
8.3 Unless otherwise agreed in writing, payment is due at the time the Order is confirmed or as specified on the tax invoice issued to you.
8.4 Dispatch and delivery times may vary depending on stock availability and transport conditions. Any timeframes or delivery estimates provided by us are indicative only and may be subject to delays beyond our control, including postal delays or other events of force majeure, for which we are not responsible.
9. Order Cancellation and Returns
9.1 Once an Order has been confirmed, no cancellations or changes will be accepted unless we agree otherwise in writing. Please check your Order carefully before confirming it.
9.2 Products may only be returned in accordance with these Terms. We do not accept returns or provide refunds for change of mind.
9.3 If you believe there is an issue with your Order, such as:
a. the Order was missing items;
b. the Products were damaged on delivery; or
c. the Products did not arrive;
you must notify us in writing at cherrycreekcrackers@gmail.com within 14 days of receiving (or expected receipt of) the Order.
9.4 Where it can be shown that the Order supplied did not comply with these Terms, we will, at our discretion, provide either a replacement, a credit towards future purchases, or a refund of the relevant portion of the Price.
9.5 Nothing in this clause limits your rights under the Australian Consumer Law, including your right to a replacement or refund for goods that are faulty, not as described, or otherwise fail to meet consumer guarantees.
10. Food Safety & Regulatory Compliance
10.1 Food Safety Standards
a. All Products are manufactured in accordance with the Australian New Zealand Food Standards Code and applicable food safety regulations in force from time to time.
b. We maintain appropriate food safety programs and quality assurance systems in accordance with industry standards and regulatory requirements.
c. You acknowledge that our Products are perishable food items that require proper handling, storage, and distribution to maintain quality and safety.
10.2 Customer Compliance Obligations
a. Wholesale Customers: You must:
i. Hold and maintain current food business licensing or registration as required by your local authority
ii. Implement and maintain appropriate food safety programs including HACCP principles where applicable
iii. Provide evidence of current food handling qualifications and licensing upon request
iv. Comply with all applicable food safety legislation in your jurisdiction
b. All Customers: You must:
i. Handle, store, and display Products in accordance with food safety requirements
ii. Maintain appropriate insurance coverage including product liability insurance
iii. Immediately notify us of any food safety incidents, complaints, or potential hazards relating to our Products
10.3 Temperature Control and Storage
a. Products must be stored in clean, dry conditions at ambient temperature unless otherwise specified.
b. You must maintain appropriate temperature controls during transport, storage, and display to prevent deterioration or contamination.
c. We are not liable for any loss, spoilage, or safety issues arising from failure to maintain proper storage conditions after delivery.
10.4 Allergen Management
a. Our Products may contain or be manufactured in facilities that process allergens including but not limited to gluten, nuts, seeds, dairy, and eggs.
b. Allergen information is provided on product packaging and is available upon request. You are responsible for ensuring allergen information is accurately communicated to end consumers.
c. You must implement appropriate allergen management procedures to prevent cross-contamination and ensure accurate allergen labelling when selling or serving our Products.
d. We reserve the right to update allergen information as formulations or manufacturing processes change, and will provide reasonable notice of such changes.
10.5 Food Safety Incidents and Recalls
a. You must immediately notify us of any:
i. Customer complaints regarding food safety or product quality
ii. Suspected foodborne illness linked to our Products
iii. Contamination or tampering of Products
iv. Regulatory inquiries or investigations
b. In the event of a product recall, you must:
i. Immediately cease sale and remove affected Products from sale
ii. Cooperate fully with recall procedures including providing sales records
iii. Return or dispose of recalled Products as directed by us
iv. Notify your customers as reasonably required
c. We will use reasonable efforts to notify you promptly of any recall, but you acknowledge that recall effectiveness depends on your cooperation and prompt action.
11. Product-Specific Provisions
11.1 Best Before Dates and Shelf Life
a. All Products are labelled with appropriate best before dates in accordance with food standards regulations.
b. You are responsible for proper stock rotation using first-in-first-out principles and must not sell Products beyond their best before date.
c. Products approaching their best before date may be returned for credit only if returned at least 7 days before the best before date, subject to our acceptance and in saleable condition.
d. We are not liable for any loss arising from Products that expire due to your failure to sell within reasonable timeframes after delivery.
11.2 Ingredient Disclosure and Formulation
a. We reserve the right to modify recipes, ingredients, or formulations at any time to comply with regulations, improve quality, or for commercial reasons.
b. We will provide reasonable advance notice of significant formulation changes that may affect allergen status, nutritional content, or product characteristics.
c. Nutritional information panels are provided for guidance only. While we take reasonable care to ensure accuracy, minor variations may occur between batches.
11.3 Quality Standards and Natural Variations
a. As artisan baked products, our Products may exhibit natural variations in:
i. Size, shape, and appearance
ii. Colour and texture between batches
iii. Weight within commercially acceptable tolerances
b. Minor variations do not constitute defects and are not grounds for return or refund unless they materially affect the quality or safety of the Products.
c. Products are manufactured to achieve consistent quality standards, but you acknowledge that handcrafted food products cannot achieve machine-level uniformity.
d. Any photographs, samples, or display materials are representative only and actual Products may vary in appearance.
11.4 Product Integrity and Packaging
a. Products must be kept in their original packaging until point of sale unless you have appropriate food handling facilities and licencing to repackage.
b. You must not alter, modify, or remove any labelling, including ingredient lists, allergen warnings, or best before dates.
c. Damaged packaging that compromises product integrity must not be sold and should be reported to us immediately.
d. For bulk or wholesale packaging, you are responsible for appropriate portioning, labelling, and packaging for end consumers in compliance with food labelling regulations.
11.5 Product Defects and Quality Issues
a. If you identify any quality issues with our Products, you must:
i. Immediately quarantine affected stock
ii. Notify us within 24 hours with details and photographs if requested
iii. Preserve samples for inspection if reasonably requested
iv. Provide batch codes and delivery information
b. We will investigate all quality complaints and, at our discretion, provide replacement products, credit, or refund for verified defects.
c. Products must be inspected promptly upon delivery. Claims for visible defects must be reported within 2 business days of delivery.
11.6 Batch Tracking and Traceability
a. All Products are marked with batch codes or date coding to enable traceability throughout the supply chain.
b. You must maintain records of Products received, including batch codes, delivery dates, and distribution details for a minimum of 2 years.
c. In the event of a food safety incident or recall, you must provide complete traceability records within 24 hours of our request.
d. For wholesale customers selling to other businesses, you must ensure batch traceability is maintained throughout the distribution chain.
12. Promotions, Discounts and Clearance Items
12.1 Any promotions, discounts, or special pricing arrangements we offer are subject to their own terms and conditions as advised from time to time.
12.2 Unless otherwise stated, promotional offers or discounts cannot be used in conjunction with any other offer or pricing arrangement.
12.3 Discounted or promotional Products may not be eligible for return or refund unless faulty or required by law.
12.4 We may vary, suspend, or withdraw any promotional offer or discount at any time without prior notice.
13. Warranties
13.1 We warrant that all Products supplied by us will, on delivery:
a. conform to their description;
b. be of acceptable quality; and
c. be reasonably fit for the purposes for which goods of that kind are commonly supplied.
13.2 Except to the extent required by the Australian Consumer Law, all other terms, conditions, guarantees, and warranties (express or implied, statutory or otherwise) are excluded to the fullest extent permitted by law.
13.3 Any information or materials we provide about our Products are for general information only and are not intended as advice on which you should rely.
14. Liability
14.1 To the fullest extent permitted by law, each party’s total liability arising out of or in connection with the Products or these Terms, however arising (including under contract, tort (including negligence), in equity, under statute or otherwise), will not exceed the lesser of i) the resupply or replacement of the affected Products; or ii) the total Price paid by you for those Products in the 12 months preceding the event giving rise to the claim.
14.2 Neither party is liable to the other in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise for any loss of profit or revenue (whether direct or indirect), loss of opportunity or loss of goodwill, and/or any indirect, special or consequential loss of any kind.
14.3 Nothing in the Agreement will limit a person’s liability for: a) death or personal injury caused by that person’s negligence; b) that person’s fraud; or c) anything else that cannot be limited by law.
14.4 You agree to indemnify, defend, and hold harmless us, uour directors, officers, employees, agents, and affiliates ("Indemnified Parties") from and against any and all third-party claims, demands, actions, losses, damages, costs, and expenses (including reasonable legal fees and court costs) arising from or relating to:
a. Your negligent acts, omissions, or willful misconduct in handling, storing, transporting, displaying, marketing, or selling our Products;
b. Your failure to comply with food safety requirements, storage conditions, or handling instructions;
c. Your modification, alteration, or repackaging of Products without proper authorisation or licensing;
d. Your failure to accurately communicate allergen information, ingredient lists, or safety warnings to end consumers; and
e. Contamination or adulteration of Products occurring after delivery to you.
15. Disclaimer
15.1 Our products are manufactured in facilities that process gluten, nuts, seeds, dairy, eggs, soy, and sesame. Despite stringent protocols, we cannot guarantee complete allergen-free status for any product.
15.2 Customers with allergies, celiac disease, dietary restrictions, compromised immune systems, or medical conditions should consult healthcare professionals before consuming our products and carefully review ingredient lists.
15.3 Nutritional information is for general guidance only. Our artisan products may vary naturally in taste, colour, texture, and nutritional content - such variations do not constitute defects.
15.4 We are not responsible for adverse reactions, health issues, or problems arising from improper storage or handling after delivery.
16.1 We will handle any personal information you provide to us in the course of our business dealings in accordance with applicable privacy laws. This includes information collected for the purposes of processing Orders, issuing invoices, communicating with you about our Products, and maintaining our business relationship.
16.2 We take reasonable steps to ensure that all personal information is kept secure and used only for legitimate business purposes. We do not disclose your personal information to third parties except where necessary to deliver our Products, comply with the law, or with your consent.
17. General
17.1 Termination: These Terms are effective until terminated by either party, upon reasonable notice. In the event of termination, Terms which expressly or by implication from its nature is intended to survive the termination (including limitation of liability) will survive.
17.2 Disputes: In the event of any dispute arising from, the parties must attempt to resolve the dispute in good faith. If the parties do not resolve the dispute between themselves, they may refer the dispute to a mediator.
17.3 Force majeure: No party will be liable to another if it fails to meet its obligations due to matters beyond its reasonable control, including but not limited to an act of God, strike or pandemic.
17.4 Severability: Any provision of these Terms which is void, illegal or otherwise unenforceable will be severed to the extent permitted by law without affecting any other provision of the Terms.
17.5 Relationship: These Terms do not confer an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between us and you or any other party unless expressly stated otherwise.
17.6 Entire agreement: These Terms form the entire agreement between the parties in relation to the Products. It replaces any earlier agreements, representations or discussions. This clause survives termination of these Terms.
17.7 Jurisdiction: These Terms are governed by the laws of Queensland, Australia. You submit to the exclusive jurisdiction of the Queensland courts. We make no representation that our Products or materials comply with the laws of any country outside Australia. If you access them from outside Australia, you do so at your own risk and are responsible for compliance with local laws. This clause survives termination of these Terms.