K & K Aus Pty Ltd
Terms and Conditions

These Terms and Conditions (the “Terms”) govern the access and use of the corporate website located at kkaus.co (the “Website”), all services provided by, and all business interactions conducted with K & K Aus Pty Ltd (ABN 81 672 227 299) (the “Company”), with its registered office at Cheltenham, Victoria, Australia. By accessing the Website, communicating with our representatives (whether via email, telephone, or in person), placing orders, entering into supply agreements, or otherwise engaging in any commercial transaction with the Company, you (the “User”, “Customer”, “Partner”, or “Supplier”, collectively referred to as “Parties”) acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety. These Terms apply to all Users, Customers, Partners, and Suppliers interacting with K & K Aus Pty Ltd, regardless of location, and constitute the complete and exclusive agreement between the Parties concerning the subject matter hereof.

 

1. Company Overview – K & K Aus Pty Ltd

K & K Aus Pty Ltd is a dynamic and privately held Australian company operating as a fully integrated manufacturer, distributor, and owner of a diverse portfolio of established product brands. Headquartered in Cheltenham, Victoria, Australia, we serve a broad spectrum of industries, including Cosmetics, Skin Care and Personal Care. Our core competencies encompass the entire product lifecycle, from initial concept and in-house research and development (R&D) to product formulation, rigorous quality control, and efficient supply chain management.

1.1 Research & Development (R&D) and Formulation Capabilities:
K & K Aus Pty Ltd maintains a dedicated R&D department by a working closely with experienced scientists and formulation chemists. The team is focused on developing innovative product solutions, optimising existing formulations for performance and cost-effectiveness, and ensuring compliance with evolving regulatory requirements. R&D capabilities include:

  • New Product Development: Conceptualisation, formulation, and prototyping of novel products tailored to specific market needs.
  • Formulation Expertise: Proficiency in a wide range of formulation technologies, including Emulsions, Suspensions, Solid Dose Manufacturing, Crean and Liquid Filling.
  • Analytical Testing: We are also work closely with State-of-the-art analytical laboratories equipped with advanced instrumentation for raw material analysis, in-process control, and finished product testing.
  • Stability Testing: Comprehensive stability testing programs conducted in accordance with local and international guidelines to ensure product integrity and shelf-life.


    1.2 Manufacturing & Contract Manufacturing (OEM/ODM):
    K & K Aus Pty Ltd operates modern, purpose-built manufacturing facilities designed to meet the highest standards of quality and efficiency. We offer a comprehensive range of manufacturing services, including:

    • Full-Scale Production: Capacity to manufacture products in a variety of batch sizes, from small-scale pilot runs to large-volume commercial production.
    • Contract Manufacturing (OEM): Manufacturing products to our Customers’ specifications, utilising their formulations and branding. We operate under strict confidentiality agreements to protect our Customers’ intellectual property.
    • Original Design Manufacturing (ODM): Developing and manufacturing products to our Customers’ requirements, including formulation development, packaging design, and branding.
    • Filling & Packaging: A wide range of filling and packaging capabilities to accommodate various product formats and container types.


    1.3 Distribution & Supply Chain Management:
    K & K Aus Pty Ltd maintains a robust and efficient supply chain network, encompassing both local and international distribution. We offer:

    • Wholesale Distribution: Distribution of our own branded products and third-party brands to a network of retailers, distributors, and other customers.
    • Logistics & Warehousing: Secure warehousing facilities and efficient logistics capabilities to ensure timely and reliable delivery of products.
    • End-to-End Supply Chain Management: Complete supply chain solutions, including sourcing of raw materials, production planning, quality control, warehousing, and distribution.


    1.4 Quality Assurance & Regulatory Compliance:
    K & K Aus Pty Ltd is committed to maintaining the highest standards of quality and regulatory compliance. All company operations are conducted in strict accordance with Australian legislation, including Therapeutic Goods Administration (TGA) guidelines, Food Standards Australia New Zealand (FSANZ) regulations. We have implemented a comprehensive Quality Management System (QMS) aligned with international best practices, including:

    • Good Manufacturing Practice (GMP): Our manufacturing facilities are designed and operated in compliance with GMP requirements to ensure the consistent production of high-quality products.

    • ISO-Based Systems: We are working to implemented ISO ISO 9001 and ISO 22000 systems to provide a framework for continuous improvement and effective quality management.

    • Internal Quality Control: Rigorous quality control procedures are implemented throughout the entire manufacturing process, from raw material sourcing to finished product testing.

     

    2. Scope of Application

    These Terms and Conditions (hereinafter referred to as “Terms”) shall govern all aspects of the contractual and commercial relationship between K & K Aus Pty Ltd (hereinafter referred to as “the Company”) and any third party (hereinafter referred to as “the Party” or “Parties”) engaging with the Company, whether directly or indirectly. The scope of these Terms is all-encompassing and includes, but is not limited to, the following:

    2.1 Digital Platform & Online Interactions:

    These Terms shall govern access to, and use of, the Company’s corporate website (hereinafter referred to as “the Website”), any associated online portals, mobile applications, or other digital platforms owned or operated by the Company. This includes, but is not limited to:

    • Website Content: All information, text, graphics, images, videos, software, and other materials contained on the Website.
    • User Accounts: Registration, maintenance, and use of any user accounts created on the Website or associated platforms.
    • Online Communications: All electronic communications, including emails, chat messages, and social media interactions, between the Company and the Party.
    • Data Privacy: Collection, use, and protection of personal data in accordance with the Company’s Privacy Policy, as published on the Website.

     

    2.2 General Correspondence and Representation:

    These Terms shall govern all forms of communication, inquiries, representations, and negotiations made by or to the Company, irrespective of the medium (e.g., written correspondence, telephone conversations, face-to-face meetings). This includes:

    • Quotations and Proposals: All offers made by the Company for the provision of goods or services, including any associated terms and conditions.
    • Marketing Materials: All promotional materials, brochures, and advertisements issued by the Company.
    • Representations of Employees and Agents: Statements and actions of the Company’s employees and authorised agents acting within the scope of their authority.

     

    2.3 Order Fulfilment & Sales Transactions:

    These Terms shall govern the entire process of placing and fulfilling orders for goods or services offered by the Company, from initial order placement to final delivery and post-sale support. This incorporates:

    • Order Acceptance: The Company’s discretion to accept or reject any order, based on factors such as product availability and creditworthiness.
    • Pricing and Payment: Agreed pricing structures, payment terms, and methods, including any applicable taxes or delivery charges.
    • Order Modifications and Cancellations: Procedures for requesting changes to or cancellation of existing orders, subject to the Company’s approval.
    • Delivery and Risk of Loss: Terms relating to shipping, delivery timelines, and the transfer of risk of loss or damage to the goods.

     

    2.4 Supply Chain Management & Supplier Relationships:

    These Terms extend to encompass all agreements and interactions with suppliers providing goods or services to the Company. This includes, but isn’t limited to:

    • Purchase Orders: All official purchase orders issued by the Company to suppliers.
    • Supply Agreements: Formal contracts governing the terms of supply, including quantity, quality, and delivery schedules.
    • Supplier Performance Evaluation: The Company’s right to monitor and evaluate supplier performance.
    • Compliance with Standards: Suppliers’ obligation to adhere to relevant industry standards and regulations.

     

    2.5 Strategic Alliances & Collaborative Ventures:

    These Terms shall apply to any partnerships, joint ventures, or other collaborative agreements entered into by the Company with other businesses. This encompasses:

    • Joint Marketing and Promotional Activities: Collaborative efforts to promote products or services.
    • Resource Sharing and Knowledge Transfer: Collaborative use of resources and exchange of expertise.
    • Intellectual Property Rights: Agreed terms relating to ownership and use of intellectual property developed within the collaboration.
    • Confidentiality Agreements: Mutual obligations to protect confidential information shared during the collaboration.

     

    2.6 Dispute Resolution:

    Any and all disputes, claims, or controversies arising out of or relating to any of the aforementioned activities, including any breach of these Terms, shall be subject to the dispute resolution procedures outlined elsewhere in this agreement. This includes, but is not limited to, mediation, arbitration, or litigation as specified in the relevant clause.

     

    3. Definitions

    For the purposes of these Terms and Conditions, the following definitions shall apply:

    • “Goods” refers to any tangible products offered for sale, lease, or hire by the Company, including but not limited to those described in the Company’s published catalogues, price lists, or on its Website. This encompasses all items delivered or to be delivered to the Party, including any associated packaging and documentation. ‘Goods’ also extends to include any replacement product, accessories, or upgrades provided by the Company. Goods exclude any services, even if bundled with a product offering.
    • “Services” refers to any professional assistance, advice, consultancy, training, or other non-tangible benefits provided by the Company to the Party, whether performed remotely or on-site. ‘Services’ encompasses all work undertaken by the Company’s employees, agents, or subcontractors in accordance with a written agreement or statement of work. This definition excludes the mere provision of information that is publicly available. Services may be subject to separate terms and conditions as agreed upon in advance.
    • “Confidential Information” refers to any non-public information disclosed by one Party (the “Disclosing Party”) to the other Party (the “Receiving Party”), whether orally, visually, electronically, or in writing, which is designated as “confidential” or which a reasonable person, considering the circumstances surrounding the disclosure, would consider to be confidential. This includes, but is not limited to, trade secrets, know-how, business plans, financial information, customer lists, pricing strategies, product designs, and technical data. Confidential Information excludes information that: (a) is already publicly known; (b) becomes publicly known through no fault of the Receiving Party; (c) was rightfully received from a third party without an obligation of confidentiality; or (d) was independently developed by the Receiving Party without use of or reference to the Disclosing Party’s Confidential Information. The obligation of confidentiality shall survive the termination of these Terms.
    • “Intellectual Property” refers to all trademarks, service marks, trade names, logos, copyrights, patents, patent applications, design rights, database rights, and other intellectual property rights (whether registered or unregistered) owned or controlled by the Company, its licensors, or its affiliates. This includes, but is not limited to, the design and content of the Website, any software, algorithms, data, and materials created or used by the Company. Any use of the Company’s Intellectual Property by the Party shall be strictly limited to that expressly permitted in these Terms or by a separate written agreement. The Party acknowledges that the Company retains all rights, title, and interest in and to its Intellectual Property.
    • “Personal Information” refers to any information relating to an identifiable individual, as defined by applicable privacy laws, including but not limited to the General Data Protection Regulation (GDPR), Privacy Principles (APPs) under the Privacy Act 1988 (Cth), and any other relevant data protection legislation. This includes, but is not limited to, names, addresses, email addresses, phone numbers, dates of birth, financial information, and online identifiers. The Company shall process Personal Information in accordance with its Privacy Policy, which is available on its Website, and in compliance with all applicable privacy laws. The Party acknowledges that the Company may collect, use, and disclose Personal Information as necessary to provide its services and comply with legal obligations.

     

    4. Acceptance of Terms & Conditions

    By engaging with K & K Aus Pty Ltd, in any capacity whatsoever – including, but not limited to, the purchase of Goods, provision of Services, establishment of a partnership, submission of a service request, attendance at Company premises, or communication via any channel – you (“the Party”) unequivocally acknowledge that you have carefully read, fully understood, and unconditionally agreed to be bound by these Terms and Conditions, as may be amended by K & K Aus Pty Ltd from time to time.

    This constitutes a binding legal agreement between the Party and K & K Aus Pty Ltd (“the Company”). Continued engagement with the Company following the posting of revised Terms and Conditions on the Company Website constitutes acceptance of such revisions. It is the Party’s responsibility to review these Terms periodically to ensure continued understanding of the obligations outlined herein.

    Furthermore, the Company may enter into additional contractual agreements with the Party pertaining to specific projects, Goods, or Services (“Specific Contracts”). In the event of any inconsistency between these general Terms and Conditions and the provisions of a Specific Contract, the provisions of the Specific Contract shall take precedence with respect to the subject matter covered by that Specific Contract. However, these general Terms and Conditions shall continue to govern all other aspects of the relationship between the Parties not expressly addressed in the Specific Contract, including, but not limited to, confidentiality, intellectual property, and dispute resolution.

    By proceeding with any interaction with K & K Aus Pty Ltd, the Party confirms their legal capacity to enter into and be bound by this agreement. Any reliance placed upon representations made by K & K Aus Pty Ltd’s employees or agents is subject to the final written terms of any contract or these general Terms and Conditions.

    This clause is intended to create a legally enforceable agreement and should be construed accordingly.

     

    5. Website Use and Content

    All information, images, text, videos, logos, graphics, documents, data, software, and other content available on the K & K Aus Pty Ltd website (hereinafter referred to as “the Website”) are the exclusive intellectual property of K & K Aus Pty Ltd, its affiliates, or its licensors, unless expressly stated otherwise. This includes, but is not limited to, the design, layout, and functionality of the Website itself.

    You may access and display the content on the Website for your personal, non-commercial use only, subject to all the terms and conditions contained herein. Any other use, including, but not limited to, copying, reproducing, downloading, distributing, modifying, transmitting, broadcasting, licensing, selling, or creating derivative works from any content without the prior written consent of K & K Aus Pty Ltd is strictly prohibited. Systematic retrieval of data or other content from the Website (including, but not limited to, web scraping, data mining, or the use of bots) is expressly forbidden.

    Website access is granted on the condition that you do not engage in any activity that:

    • Is unlawful, fraudulent, malicious, or otherwise violates any applicable law or regulation.
    • Infringes upon the intellectual property rights of K & K Aus Pty Ltd or any third party.
    • Is likely to damage, interfere with, disrupt, or impair the proper functioning of our systems, services, or the Website itself. This includes, but not limited to, the introduction of viruses, malware, or other harmful code.
    • Attempts to gain unauthorized access to any portion of our systems or services, including restricted areas.
    • Circumvents any security measures implemented by K & K Aus Pty Ltd.
    • Creates a false impression of affiliation with K & K Aus Pty Ltd.
    • Transmits or posts any content that is defamatory, obscene, threatening, harassing, or otherwise objectionable.

    5.1 Data Collection through Google Analytics

    We utilise Google Analytics, a web analytics service provided by Google, Inc. (“Google”), to gather and analyse information about how visitors use our Website. Google Analytics uses cookies to collect data such as the pages visited, the time spent on those pages, the referring website, and your browser type. This information is used to improve our Website’s functionality and user experience. The data collected by Google Analytics is anonymised and does not identify individual users. For more information about Google Analytics and its privacy practices, please refer to [insert link to Google Analytics privacy policy here – important to include this!]. By using our Website, you consent to the collection and processing of your data by Google Analytics in the manner described above.

    K & K Aus Pty Ltd reserves the right to monitor website usage and to take appropriate action, including, but not limited to, terminating your access, reporting you to the relevant authorities, and pursuing legal remedies, in the event of a breach of these terms. While we endeavour to provide accurate and up-to-date information on the Website, we make no warranties or representations as to its completeness, accuracy, or reliability.

     

    6. Product Descriptions and Availability

    K & K Aus Pty Ltd endeavours to ensure that all product information presented on our website, in catalogues, or within quotation sheets is accurate and up-to-date at the time of publication. This includes, but is not limited to, product descriptions, specifications, dimensions, materials, images, and pricing. However, given the dynamic nature of product development, manufacturing processes, and market conditions, K & K Aus Pty Ltd does not warrant that all product information is entirely free from typographical errors, omissions, inaccuracies, or changes that may occur between publication and purchase.

    We utilise all reasonable efforts to display product colours and imagery accurately, but variations may occur due to differences in monitor calibration, lighting conditions, and photographic representation. Such variations should not be considered a defect in the product.

    K & K Aus Pty Ltd reserves the right, at any time and without prior notice, to:

    • Amend or modify product details, specifications, ingredients, or components.
    • Adjust pricing due to fluctuations in raw material costs, manufacturing expenses, exchange rates, or other market factors.
    • Alter or discontinue the availability of products, either temporarily or permanently, due to unforeseen supply chain disruptions, manufacturing limitations, or commercial decisions.
    • Make minor deviations in product design or appearance that do not materially affect the functionality or performance of the product.

    Product availability is subject to stock levels, and we cannot guarantee the availability of any product at the time of order. We will notify you as soon as possible if a product is unavailable and offer suitable alternatives or a refund if applicable.

    All product descriptions, specifications, and pricing displayed on our website or in marketing materials are subject to final confirmation at the time of order acceptance. K & K Aus Pty Ltd shall not be liable for any loss, damage, or inconvenience caused by discrepancies between published information and the actual product delivered, provided that we have made reasonable efforts to ensure the accuracy of the information.

     

    7. Intellectual Property

    All registered and unregistered trademarks, brand names, packaging designs, product formulas, operating procedures, technical data, specifications, designs, and proprietary documentation (collectively referred to as “Intellectual Property”) remain the exclusive property of K & K Aus Pty Ltd, its affiliates, or licensors. Nothing contained within these Terms and Conditions shall be construed as granting any rights, licences, or permissions to any third party to use, reproduce, modify, distribute, or exploit any aspect of our Intellectual Property.

    K & K Aus Pty Ltd retains all rights, title, and interest in and to the Intellectual Property, including, but not limited to, copyright, trademark, patent, trade secret, and any other intellectual property rights recognised by law.

    Specific Considerations Regarding OEM Products:

    Where products are supplied under an Original Equipment Manufacturer (OEM) arrangement, the ownership and usage rights of Intellectual Property may be governed by a separate, dedicated agreement between K & K Aus Pty Ltd and the OEM partner. The terms of such agreements shall supersede any conflicting provisions within these Terms and Conditions.

    Confidentiality of Product Formulations:

    K & K Aus Pty Ltd maintains the confidentiality of all product formulations and considers them valuable trade secrets. While product ingredients may be listed on packaging as required by applicable laws and regulations, the precise formulation, manufacturing processes, and methodologies employed in the creation of our products are proprietary and confidential. K & K Aus Pty Ltd expressly reserves the right not to disclose such formulations to any third party, and no such disclosure shall be implied by the provision of product samples or the execution of these Terms and Conditions. Notably, product formulations are not subject to intellectual property registration, and K & K Aus Pty Ltd maintains the right to modify or alter formulations without prior notice.

    Prohibition of Reverse Engineering:

    Customers are strictly prohibited from attempting to reverse engineer, disassemble, decompile, or otherwise derive the formula, design, or underlying principles of any K & K Aus Pty Ltd product.

    Infringement and Legal Action:

    Any unauthorised use, reproduction, modification, distribution, or exploitation of K & K Aus Pty Ltd’s Intellectual Property constitutes a breach of these Terms and Conditions and may be subject to legal action, including, but not limited to, injunctive relief, damages, and recovery of legal fees. K & K Aus Pty Ltd will vigorously defend its Intellectual Property rights.

     

    8. Orders and Acceptance

    All orders for products or services supplied by K & K Aus Pty Ltd must be submitted in a formal, written format, either electronically via our designated ordering system or through an authorised purchase order document clearly identifying the products or services requested, quantities, agreed pricing, delivery address, and applicable payment terms. Verbal agreements or informal requests will not be considered legally binding.

    Orders are only considered binding upon written acceptance and confirmation by K & K Aus Pty Ltd, signified by a formal Order Acknowledgement or a written confirmation of shipment. K & K Aus Pty Ltd reserves the right, at its sole discretion, to reject any order, or any portion thereof, without assigning a reason. Factors that may lead to order rejection include, but are not limited to, product availability, creditworthiness of the customer, concerns regarding the intended use of the products, or non-compliance with our standard terms and conditions.

    Custom Manufacturing, Formulation, and OEM Requests:

    In the event of custom manufacturing, formulation development, or Original Equipment Manufacturer (OEM) requests, the following conditions shall apply in addition to these standard Terms and Conditions:

    • Project Agreement: A separate, detailed Project Agreement outlining the scope of work, specifications, timelines, intellectual property ownership, confidentiality requirements, payment schedule, and dispute resolution mechanisms will be executed prior to the commencement of any work.
    • Deposit Requirement: A non-refundable deposit, as specified in the Project Agreement, will be required upfront to cover initial costs associated with research, development, tooling, or raw material procurement.
    • Lead Time Conditions: Custom manufacturing and formulation projects are subject to extended lead times, which will be clearly communicated in the Project Agreement. These lead times are estimates and may be subject to change due to unforeseen circumstances, such as raw material shortages or technical challenges.
    • Approval Process: Customers will be required to approve all final product specifications, formulations, packaging designs, and samples before full-scale production commences. Any subsequent changes requested by the customer may result in additional costs and delays.
    • Minimum Order Quantities: Custom manufactured products will be subject to pre-agreed minimum order quantities, as stipulated in the project agreement.

    K & K Aus Pty Ltd reserves the right to modify or cancel any custom manufacturing or OEM project if the project becomes technically infeasible or economically unviable. In such cases, K & K Aus Pty Ltd will refund any deposits paid, less any costs incurred to date.

     

    9. Pricing and Payment Terms

    All prices quoted by K & K Aus Pty Ltd are expressed in Australian Dollars (AUD) unless explicitly stated otherwise in a written quotation or agreement. Prices are subject to Goods and Services Tax (GST) in accordance with Australian law at the prevailing rate. While we endeavour to maintain stable pricing, prices are subject to change without prior written notice due to fluctuations in raw material costs, manufacturing expenses, exchange rates, or other unforeseen economic factors.

    Payment Terms:

    Specific payment terms, including due dates, accepted methods of payment (e.g., direct deposit, credit card), and any applicable discounts for early payment, must be agreed upon in writing and will be clearly stated on all invoices issued by K & K Aus Pty Ltd. Standard payment terms are 30 days from the date of invoice, unless otherwise agreed.

    Late Payment:

    K & K Aus Pty Ltd reserves the right to charge interest on any overdue amounts at a rate of 2% per month, compounded monthly, from the date the payment was originally due. A late payment administration fee of $50 may also be applied to overdue accounts. In addition to interest and fees, K & K Aus Pty Ltd reserves the right to:

    • Suspend further supply of goods or services until full payment is received.
    • Suspend or terminate any existing contracts for the supply of goods or services.
    • Engage a debt collection agency to recover outstanding amounts, which may result in additional costs being passed on to the customer.

    Retention of Title:

    Notwithstanding delivery and transfer of possession, title to the goods supplied by K & K Aus Pty Ltd does not pass to the buyer until full payment has been received and cleared. Until such time, the buyer holds the goods as a bailee for K & K Aus Pty Ltd and shall be responsible for their safekeeping and proper care. K & K Aus Pty Ltd reserves the right to repossess the goods if payment is not received in accordance with the agreed terms.

    Currency Fluctuations (for International Orders):

    For orders denominated in a currency other than AUD, K & K Aus Pty Ltd reserves the right to adjust the price to reflect exchange rate fluctuations that occur between the date of the quotation and the date of invoice.

    Disputed Invoices:

    Any disputes regarding an invoice must be notified to K & K Aus Pty Ltd in writing within 14 days of the invoice date, clearly outlining the reasons for the dispute. K & K Aus Pty Ltd will investigate the dispute promptly and will work with the customer to reach a mutually acceptable resolution. However, the undisputed portion of the invoice remains due and payable in accordance with the agreed payment terms.

     

    10. Manufacturing and Quality Control

    K & K Aus Pty Ltd is committed to maintaining rigorous internal systems for quality assurance, comprehensive batch traceability, responsible ingredient sourcing, and thorough product testing. All products are manufactured in accordance with documented procedures designed to meet or exceed the requirements of relevant industry regulations, including but not limited to [Specify relevant regulations – e.g., GMP, ISO 9001, TGA guidelines, specific industry standards]. These procedures cover all aspects of the manufacturing process, from raw material receipt and inspection to finished product release and storage.

    Quality Control Processes:

    Our quality control processes include:

    • Raw Material Verification: All incoming raw materials are subject to rigorous testing and verification to ensure they meet established quality standards and specifications.
    • In-Process Quality Control: Quality checks are conducted throughout the manufacturing process to monitor critical parameters and ensure consistent product quality.
    • Finished Product Testing: Finished products undergo comprehensive testing to verify they meet all established specifications for identity, purity, potency, and safety.
    • Batch Traceability: A comprehensive batch traceability system is maintained, allowing for complete tracking of all raw materials, components, and processing steps associated with each batch of finished product.
    • Change Control: A formal change control system is in place to manage any changes to manufacturing processes, formulations, or specifications.

    Documentation Provision:

    Upon reasonable request, K & K Aus Pty Ltd will provide customers with documentation supporting product quality and compliance. This may include, but is not limited to:

    • Certificates of Analysis (COAs) for specific batches of product, detailing the results of quality control testing.
    • Safety Data Sheets (SDS) providing information on the hazards, handling, and safety precautions associated with the product.
    • Batch Records documenting the complete manufacturing history of a specific batch of product.
    • Compliance Declarations confirming that the product meets relevant regulatory requirements.
    • Validation Reports demonstrating the effectiveness of critical manufacturing processes.

    Documentation Fees:

    While K & K Aus Pty Ltd is committed to providing customers with the necessary documentation, the provision of certain documents may require significant time and resources, including the engagement of external laboratories or agencies for specialised testing or certification. Accordingly, K & K Aus Pty Ltd reserves the right to charge a reasonable fee for the provision of documentation beyond standard COAs and SDS provided with original purchase orders. This fee will be quoted in advance and agreed upon in writing prior to the commencement of any work. Factors considered in determining the fee will include the complexity of the request, the volume of documentation required, and any associated external costs. Any documentation requests exceeding the scope of the original quoted price or purchase order agreement will be considered a separate service and subject to additional charges.

    Audit Rights:

    K & K Aus Pty Ltd may, at its discretion, grant customers the right to conduct audits of its manufacturing facilities and quality control systems, subject to the execution of a confidentiality agreement and reasonable advance notice.

     

    11. Delivery and Risk

    K & K Aus Pty Ltd utilises trusted third-party courier services for the dispatch of domestic orders. International deliveries are governed by the latest version of the International Commercial Terms (INCOTERMS), with the typical terms of delivery being Free On Board (FOB), Cost, Insurance, and Freight (CIF), Delivered At Place (DAP), or other mutually agreed terms clearly stipulated in the purchase order or sales contract. The agreed INCOTERM will define the point at which responsibility for the goods, and associated costs and risks, transfers from K&K Aus Pty Ltd to the customer.

    Specifically, risk of loss or damage to the goods transfers to the customer upon delivery to the nominated delivery address, or upon handover to the carrier at the port of origin, depending on the agreed INCOTERM. K&K Aus Pty Ltd will provide proof of dispatch, including tracking information where available, but shall not be held responsible for delays or disruptions caused by the carrier or external factors beyond its reasonable control, such as adverse weather conditions, strikes, or government regulations.

    For temperature-sensitive goods, it is the sole responsibility of the customer to ensure the maintenance of a continuous and verifiable cold chain from the point of dispatch to final receipt. This includes, but is not limited to, the provision of appropriate packaging, temperature-controlled transport, and validated receiving procedures. K&K Aus Pty Ltd will meticulously document dispatch temperatures, packaging details, and any special handling measures implemented internally. However, this documentation does not constitute an acceptance of liability for temperature excursions occurring during transit or storage outside of K&K Aus Pty Ltd’s control. Customers are advised to inspect goods upon receipt and note any visible evidence of temperature abuse on the delivery receipt. K&K Aus Pty Ltd reserves the right to request photographic evidence of damaged packaging or goods as part of any claim investigation.

     

    12. Returns, Replacements, and Claims

    All claims for short supply, incorrect delivery, or defective products must be submitted in writing to info@kkaus.co within seven (7) calendar days of the date of receipt of the goods. Claims must be accompanied by detailed documentation, including but not limited to: the original purchase order number, the batch number of the affected product, a clear description of the alleged defect or discrepancy, and photographic or video evidence supporting the claim. Verbal notifications will not be accepted.

    K&K Aus Pty Ltd reserves the right to investigate all claims thoroughly before authorising any returns, refunds, or replacements. No returns of goods will be accepted without prior written authorisation from K&K Aus Pty Ltd’s management. Products returned without prior authorisation will be rejected and returned to the customer at their expense.

    Authorisation for a return does not constitute an admission of liability on the part of K&K Aus Pty Ltd. Upon receipt of a returned product, K&K Aus Pty Ltd will conduct an inspection to verify the validity of the claim.

    In the event of a validated claim, K&K Aus Pty Ltd, at its sole discretion, may offer one of the following remedies:

    • Issuance of a credit note for the value of the defective or missing goods.
    • Processing a refund for the purchase price of the defective or missing goods.
    • Arrangement for replacement goods to be shipped to the customer, subject to availability.

    K&K Aus Pty Ltd accepts no liability for goods that have been misused, improperly stored, tampered with, contaminated, or used beyond their expiration date. Furthermore, K&K Aus Pty Ltd shall not be liable for any consequential damages, loss of profits, or loss of business arising from the use of defective or non-conforming goods.

    All claims are subject to the terms and conditions of sale as outlined in K&K Aus Pty Ltd’s standard sales contract. K&K Aus Pty Ltd reserves the right to reject any claim that is deemed to be frivolous, unsubstantiated, or in violation of these terms. It is the customer’s responsibility to ensure goods are adequately insured during transit. Any cost associated with return shipping will be borne by the customer unless otherwise agreed in writing.

     

    13. Warranties and Limitations of Liability

    To the extent permitted by applicable law, K & K Aus Pty Ltd provides products “as is” and disclaims all express or implied warranties, including, but not limited to, warranties of product suitability for a particular purpose, merchantability, fitness for any specific application, and freedom from defects. Any representations or statements made by K & K Aus Pty Ltd regarding the products are for informational purposes only and do not constitute a warranty.

    K & K Aus Pty Ltd’s liability for any breach of warranty or statutory guarantee arising from the supply of defective goods is strictly limited to, at K & K Aus Pty Ltd’s sole discretion, one of the following remedies: (a) the repair of the defective goods; (b) the replacement of the defective goods with equivalent goods; or (c) the refund of the original purchase price paid for the defective goods. This limitation applies to all claims arising from defects, whether based on warranty, contract, negligence, or any other legal theory.

    Under no circumstances shall K & K Aus Pty Ltd be liable for any indirect, incidental, consequential, special, or punitive damages, including, but not limited to, loss of profits, loss of revenue, loss of business, business interruption, loss of goodwill, loss of data, damage to property, personal injury, or reputational harm, arising from the use of, or inability to use, the products supplied by K & K Aus Pty Ltd. This limitation of liability applies regardless of whether K & K Aus Pty Ltd has been notified of the possibility of such damages.

    Customers are responsible for assessing the suitability of the products for their intended application and for ensuring that the products are used in accordance with the manufacturer’s instructions and industry best practices. K & K Aus Pty Ltd assumes no responsibility for damages resulting from improper use, misuse, neglect, or alteration of the products.

    This limitation of liability is a fundamental aspect of the contractual relationship between K & K Aus Pty Ltd and its customers and shall apply to the maximum extent permitted by law.

     

    14. Confidentiality and Data Protection

    All business relationships, proposals, pricing information, technical documentation, research data, intellectual property (including patents, trademarks, copyrights, and trade secrets), and any other sensitive information shared between K & K Aus Pty Ltd and third parties (including clients, suppliers, partners, and potential collaborators) is considered strictly confidential. Recipients of such confidential information have a duty to protect it from unauthorized access, use, disclosure, or dissemination.

    Partners, clients, and suppliers must not disclose or share sensitive information with any third party without the prior written approval of K & K Aus Pty Ltd, unless required to do so by law, court order, or other legal process. In the event that disclosure is required by law, the recipient shall provide K & K Aus Pty Ltd with prompt notice thereof, to allow K & K Aus Pty Ltd to seek a protective order or other appropriate remedy.

    K & K Aus Pty Ltd is committed to protecting the privacy and security of personal and business data. We comply with all applicable Australian data privacy laws, including the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs). All personal and business data is stored securely on internal systems with appropriate access controls and security measures in place to prevent unauthorized access, use, or disclosure.

    K & K Aus Pty Ltd will not sell, rent, lease, trade, or otherwise disclose personal or business data to external entities for commercial purposes. We may share data with our trusted service providers (e.g., IT support, data storage) solely for the purpose of providing services on our behalf, and these service providers are subject to confidentiality obligations.

    Customers and partners have the right to access, correct, and update their personal information held by K & K Aus Pty Ltd, subject to applicable privacy laws. Requests regarding personal information should be directed to our Data Protection Officer. K & K Aus Pty Ltd reserves the right to review and update its privacy policies and procedures from time to time.

     

    15. Compliance and Regulatory Assurance

    All products supplied by K & K Aus Pty Ltd are compliant with applicable Australian legislation as of the date of supply. This includes, but is not limited to, the Therapeutic Goods Act 1989 (and associated regulations) where relevant to the product category, the Industrial Chemicals (Notification and Assessment) Act 1989 (and associated regulations), Food Standards Australia New Zealand (FSANZ) guidelines where applicable to food-related products, and all applicable labelling requirements as stipulated by Australian Consumer Law and relevant industry standards.

    Where products are sourced internationally, K & K Aus Pty Ltd undertakes due diligence to ensure compliance with relevant regulations in the country of origin, including, but not limited to, EU REACH regulations, United States Food and Drug Administration (FDA) regulations, and other region-specific requirements. We maintain records of compliance documentation for imported products and can provide this upon reasonable request.

    However, it is the customer’s sole responsibility to determine whether the products supplied are fit for their intended application and are permitted for use in their specific jurisdiction. This includes verifying compliance with all local, state, and national regulations pertaining to the use, handling, and disposal of the products. K & K Aus Pty Ltd provides information regarding product compliance as a matter of good faith, but does not assume any liability for the customer’s failure to comply with applicable regulations.

    K & K Aus Pty Ltd maintains a robust quality assurance system and conducts regular audits of its suppliers to ensure ongoing compliance with regulatory requirements. We reserve the right to modify product formulations or specifications as necessary to maintain compliance with evolving regulations. Customers will be notified of any significant changes that may affect the suitability of the product for their intended application.

     

    16. Force Majeure

    K & K Aus Pty Ltd shall not be liable for any failure or delay in performance of its obligations under this agreement due to causes beyond its reasonable control, constituting an event of Force Majeure. Such events include, but are not limited to: acts of God (including, but not limited to, earthquakes, floods, storms, and other natural disasters); fire or explosion; war, terrorism, or civil unrest; government restrictions, embargoes, or regulations; labour strikes, lockouts, or other industrial disturbances; pandemics or epidemics; widespread supply chain disruptions (including raw material shortages or transportation delays); technical failures or malfunctions of critical infrastructure (including power outages or internet connectivity failures); and any other event that is beyond the reasonable control of K & K Aus Pty Ltd.

    Upon the occurrence of a Force Majeure event, K & K Aus Pty Ltd will promptly notify the customer in writing, detailing the nature of the event and its anticipated impact on performance. K & K Aus Pty Ltd will use commercially reasonable efforts to mitigate the impact of the Force Majeure event and to resume performance as soon as reasonably practicable.

    However, K & K Aus Pty Ltd shall not be obligated to perform any obligation that is prevented or delayed by a Force Majeure event, and shall not be liable for any losses, damages, or expenses incurred by the customer as a result of such event. Delivery or performance timelines may be extended for a period equal to the duration of the Force Majeure event, or K & K Aus Pty Ltd may suspend performance without liability for as long as the Force Majeure event continues. If a Force Majeure event prevents performance for a period exceeding 90 days, either party may terminate this agreement without liability. This Force Majeure clause does not relieve either party of their obligations under the agreement to the extent that performance is not prevented or delayed by the Force Majeure event.

     

    17. Termination

    Either party may terminate this agreement by providing written notice to the other party if the other party commits a material breach of any term or condition contained herein. A ‘material breach’ shall include, but not be limited to, failure to make timely payments, persistent failure to meet agreed-upon service levels, or violation of intellectual property rights. The non-breaching party shall provide the breaching party with written notice detailing the nature of the breach and a fourteen (14) day period to rectify the said breach. If the breach is not rectified within this timeframe to the reasonable satisfaction of the non-breaching party, the non-breaching party shall be entitled to terminate this agreement forthwith.

    K & K Aus Pty Ltd reserves the right to terminate any engagement immediately, without notice, in the event of any of the following: (a) the other party becoming insolvent, entering into administration, or having a receiver appointed; (b) any act of dishonesty, fraud, or misrepresentation by the other party; (c) misuse or unauthorised disclosure of confidential information belonging to K & K Aus Pty Ltd or its clients; or (d) any violation of applicable laws or regulations.

    Upon termination of this agreement, for whatever reason, the other party shall immediately cease all use of K & K Aus Pty Ltd’s services or materials and shall return or destroy all confidential information in its possession or control. Any outstanding invoices shall become immediately due and payable. K & K Aus Pty Ltd reserves the right to pursue all available legal remedies to recover any losses or damages resulting from the termination of this agreement, including but not limited to, lost profits, costs of collection, and legal fees.

     

    18. Governing Law and Jurisdiction

    These Terms and Conditions, and any dispute arising out of or in connection with these terms, shall be governed by and construed in accordance with the laws of the State of Victoria, Australia. The exclusive jurisdiction for any dispute arising under or in connection with these terms shall reside in the courts of Victoria, Australia. Each party irrevocably submits to the exclusive jurisdiction of such courts.

    Without limiting the foregoing, each party agrees that service of process in any action or proceeding may be effected by any reasonable means, including but not limited to, registered post, email, or personal service.

    If any provision of these Terms and Conditions is held to be invalid, illegal, or unenforceable under any applicable law or regulation, such provision shall be deemed to be severed from these terms and the remaining provisions shall continue in full force and effect. The parties agree to negotiate in good faith to replace any such invalid, illegal or unenforceable provision with a valid, legal and enforceable provision that achieves substantially the same objective.

     

    19. Modifications to Terms

    K & K Aus Pty Ltd reserves the right to modify these Terms and Conditions at any time. Any modifications shall be effective upon posting of the updated terms on our website. It is the responsibility of each user to review these Terms and Conditions periodically. Continued use of our services or interaction with the company following the posting of any changes shall constitute acceptance of the updated terms.

    K & K Aus Pty Ltd will provide reasonable notice of any significant changes to these Terms and Conditions, such as via email notification to registered users or prominent notification on our website. For the avoidance of doubt, a ‘significant change’ shall be determined at the sole discretion of K & K Aus Pty Ltd.

    Contact Us

    For questions or further information regarding these Terms and Conditions, please contact:

    K & K Aus Pty Ltd
    Unit 1, 19–23 Kylie Place, Cheltenham VIC 3192, Australia
    Email: info@kkaus.co