PLEASE NOTE: these terms have been updated on 11 August 2025
1.In these Terms, the words below have the following meanings:
Claim means any action, claim or demand, whether arising in contract, tort (including negligence), under statute, at common law or otherwise.
Delivery Fee means the fee referred to in clause 12.
Equipment means any equipment we provide to you (under these Terms or any other arrangement) to assist you in dispensing Products or involved in the delivery of Products, including kegs, gas cylinders, pallets, beer system equipment and signage.
Product means beer, cider, wine, spirits and ready-to-drink products manufactured or distributed by us.
Product Price means the purchase price payable for the sale of the Product excluding any applicable Delivery Fee.
We, us or our means Lion-Beer, Spirits & Wine Pty Ltd (ABN 13 008 596 370), Healesville Distilling Pty Ltd (ABN: 89 606 461 367) and Vanguard Luxury brands (ABN 87 128 867 176 ) (as noted on the invoice provided to you).
you means the Customer specified on this invoice, and if more than one person, each of them jointly and severally.
2. Unless otherwise agreed in writing, you request that we supply the Product specified in this invoice on these Terms.
3. We may, acting reasonably, accept or decline any order for the Product in whole or in part. On acceptance, these Terms apply (unless we have made a separate written agreement with you about supply of the Product).
4. The sale of any Product under these Terms is agreed for all purposes to take place at the relevant premises licensed by us under relevant legislation in respect of a sale of Products, as follows:
5. You warrant that:-
6. Unless otherwise agreed in writing, we (or our nominee) will deliver the Product you order to you at the place specified in this invoice and we will insure, on your behalf, the Product against loss or damage while it is being delivered to you. In return, you agree to pay to us the Delivery Fee.
7. You may choose to collect the Product directly from us, or make arrangements for its collection. In such cases, you will need to give us advance notice so we can let you know when, how and where you, or your agent, can collect the Product from us.
8. If we are delivering the Product to you, the Product is deemed to be delivered when the Product arrives at your nominated delivery point, which delivery point must be safe and fully accessible by our carriers.
9. You cannot cancel an order once we have accepted it and you cannot refuse to accept delivery of an accepted order.
10. We are entitled to charge you reasonable additional fees to cover any delay or actual increased storage costs incurred by us which are needed if we attempt to deliver the Product to you, but cannot for any reason which is not our fault.
11. The Product Price is specified in our standard Price List (as provided to you and updated from time to time) or as specified in this invoice.
12. The Delivery Fee payable for delivery of the Product by us (or our nominee) will be as specified in our standard Price List (as provided to you and updated from time to time), as agreed in a separate contract or as listed in this invoice (“Delivery Fee”). You are liable to pay all freight charges shown on our invoice.
13. We will provide at least 14 days’ notice to you of changes to the standard Price List. Any changes will not apply to orders which we have already accepted. If an order is made after you have received notice of changes to the standard Price List for supply of Product after the price changes come into effect, we may accept that order on the basis of the new prices.
14. The charges specified in our standard Price List do not include GST. Wholesale prices in our standard Price List do not include Wine Equalisation Tax unless specifically stated. Product related final invoice prices (and prices specified in this invoice) do include Wine Equalisation Tax or excise tax, as applicable, and GST.
15. You must pay all charges listed in an invoice (including any GST and other taxes payable in connection with the supply or under these Terms) without set-off by the due date specified in the invoice.
16. If you pay by credit card, we may charge you a reasonable additional amount to cover any service fee.
17. We may charge you interest on any late payments at the Reserve Bank Interbank Overnight Cash Rate + 2%, calculated daily and compounding monthly, until you pay the overdue amounts.
18. If you do not pay any amounts payable under these Terms by their due date or you become bankrupt, insolvent or have a receiver, manager or liquidator appointed to you, then all monies for all Product and Equipment delivered to you become immediately due and payable (regardless of any agreed credit terms) and we may, on reasonable notice to you (including a reasonable time to cure any non-payment of no longer than 5 days) to suspend all further delivery of Product and Equipment under this or any other arrangement with you and all further performance of any other contract between you and us, until you pay all amounts due.
19. If any payment you make is voided or conceded to be void or voidable, then that payment does not discharge your debt to us, and we remain the owner of the Product.
20. We remain the owner of the Product until you have paid all money you owe us for the Product, or until you sell the Product to a third party at arm’s length on market terms.
21. We remain the owner of any Equipment at all times. You must not part with possession or control of the Equipment at any time, or attempt to sell it.
22. After we deliver the Product or Equipment to you and while we still own it, you hold it for us as our bailee, which carries certain legal obligations including a duty to take care of the Product or Equipment. You promise to fulfil all your legal obligations as bailee.
23. You must store or keep the Product and Equipment so that it is clearly identifiable as our property while we still own it. If you sell the Product while we still own it, we have the right to trace any proceeds of sale.
24. Until you have paid us the charges in full for all monies payable to us, we may repossess the Product and Equipment which we own and you authorise us or our nominees, on reasonable notice and during business hours, to enter any premises they believe the Product and Equipment are located to repossess the Product and Equipment and to inspect your records.
25. We may resell Product and Equipment which we repossess on any terms and as we see fit, acting reasonably. We may apply the proceeds to repay any debt you owe us.
26. We are not liable for any damage caused to the premises during any repossession, other than damage caused by our negligence. We will take all reasonable care to minimise any such damage.
27. You will return to us, or arrange your carrier to return to us, at your cost, any Equipment provided to you when it has served its purpose or if we request its return, including kegs (acting reasonably). If you don’t do this, then clauses 23 to 25 will apply. You agree to pay us the replacement cost of any Equipment lost, damaged (other than fair wear and tear), destroyed or not returned to us.
28. If we have agreed to provide maintenance and repair services for the Equipment, you must allow us access to the Equipment to carry out those services and pay us the agreed service fee (plus GST). Otherwise, you must maintain the Equipment and keep it in working order.
29. If these Terms (or a transaction in connection with it) is or contains a security interest for the purposes of the Personal Property Securities Act 2009 (“PPSA”), you must upon request do anything which we consider reasonably necessary for the purposes of ensuring that the security interest is enforceable, perfected and otherwise effective, and to enable us to apply for any registration, give any notification, and to exercise any rights in connection with the security interest.
30. We are not obliged, before exercising a right under these Terms or conferred by law, to give you any notice or demand, or allow a lapse of time, that is required by law unless the notice, demand or lapse of time cannot be excluded. To the extent permitted by law, you expressly waive any rights it may have under the PPSA (including without limitation s. 157) to be given any such notices or demands.
31. Risk in the Product and any Equipment passes to you as soon as it leaves our premises (even if we are delivering it to you). Where we deliver the Product, we will insure the Product and any Equipment in accordance with clause 5.
32. In all other cases you must take out insurance covering the Product (and also insure any Equipment that is on your premises) against loss or damage and note our interest in them. You must pay us any insurance payout you receive relating to the Product or Equipment.
33. You must show us evidence on reasonable request that you have taken out all required insurances.
34. You must not do anything (including failing to act) that is reasonably likely to adversely affect our reputation, sales or brands. We must not do anything (including failing to act) that is reasonably likely to adversely affect your reputation, sales or brands.
35. Products supplied to you for consumption or dispensing on licensed premises must not be mixed with other liquids or substances, except as expressly requested by a patron, and must only be dispensed from taps and other devices bearing our product name or logo for the Product.
36. You must exercise your own judgment and skill in the use of any Equipment (including kegs and gas cylinders), rather than just relying on any advice we may give you about its use. You must seek any independent advice or instruction you need.
37. You must notify us within 7 days before any change in your ownership, shareholders, directors, registered office or business address.
38. You must inspect the Product and any Equipment within 48 hours of it being delivered to you.
39. You must use your best endeavours to raise any Claims relating to the Product, the Equipment, an invoice or payment within 48 hours of the Product/Equipment being delivered to you. Otherwise, you waive and give up all Claims you have against us in relation to any visible defects or shortages in the Product or Equipment delivered.
40. To the maximum extent permitted by law (including Part 3-2 of the Australian Consumer Law), we limit our liability to you in respect of any Claim relating to the Product, the Equipment or any services we provide to you in connection with them to our choice of supplying equivalent Product or Equipment, or resupplying the services, or giving you a credit for any price paid or payable for the Product, Equipment or services.
41. We warrant to you that the Products will be of acceptable quality and will correspond with any description of the Products provided by us to you.
42. Except for those statutory guarantees that apply under the Australian Consumer Law or as expressly set out in these Terms, we exclude all express or implied warranties or representations about the Products, Equipment or services we provide to you in connection with them.
43. Neither we nor you are liable to the other for any failure to perform an obligation under these Terms (other than the payment of money) where the affected party is prevented from performing because of an act of God, natural disaster, terrorism, war or any other occurrence beyond the relevant party’s reasonable control.
44. You can access the personal information we hold about you in the manner set out in our privacy policy, available at http://lionco.com. You may request a copy by contacting us.
45. We (and our Related Bodies Corporate) may use your personal information to obtain and process credit reports about you as reasonably necessary for the purposes of these Terms, to manage and enforce our rights under these Terms, to meet our legal obligations and for direct marketing and promotional purposes, and you consent to such use.
46. We may disclose your personal information to our contractors or agents on strictly confidential terms as reasonably necessary for the purposes of these Terms, and you consent to such disclosure.
47. Except as otherwise agreed in writing by the parties, any agreement between the parties and these Terms, together with any order accepted by you, constitute all of the terms of the contract for the sale of the Products/Equipment by us to you. All other terms and conditions, express or implied, including any alternate terms proposed by you, are excluded to the fullest extent permitted by law.
48. These are our standard terms of supply. When you order Product from us, you are offering to acquire them on the most up-to-date version of these Terms as printed on the relevant invoice or otherwise notified to you prior to your order.
49. These Terms are governed by the laws of State in which the Product/Equipment is delivered to you. You and we accept the non-exclusive jurisdiction of those courts and courts of appeal from them in connection with these Terms.