D&D Milk Pty Ltd as trustee for the D&D Milk Trust
ABN 23 161 424 083 | Version dated 1 July 2025
These terms govern customer accounts, recurring and one-off orders, deliveries, payment and use of the D&D Milk website and customer portal. They apply together with any accepted quote, account application, order confirmation or other written agreement. Nothing in these terms excludes rights that cannot lawfully be excluded, including rights under the Australian Consumer Law.
Commercial particulars
These terms govern customer accounts, recurring and one-off orders, deliveries, payment and use of the D&D Milk website and customer portal. They apply together with any accepted quote, account application, order confirmation or other written agreement. Nothing in these terms excludes rights that cannot lawfully be excluded, including rights under the Australian Consumer Law.
Part A General Customer Terms
1 Scope and acceptance
1.1 These General Customer Terms apply to all goods and related delivery services supplied by D&D Milk Pty Ltd as trustee for the D&D Milk Trust, referred to as D&D Milk, we, us or our, to the person or organisation acquiring them, referred to as the Customer or you.
1.2 You accept these terms when you apply for or use an account, place or confirm an order, accept delivery, use the customer portal, or otherwise tell us that you accept them. A person acting for a Customer warrants that they have authority to bind that Customer.
1.3 The supply contract consists of these terms and the applicable accepted quote, account approval, product list, order confirmation and any special terms we agree in writing. If they conflict, a specifically agreed written term prevails over these terms for that supply.
2 Definitions
2.1 Business Day means a day other than a Saturday, Sunday or public holiday in Victoria. Goods means milk, dairy, plant-based beverages, fruit, coffee and any other products supplied by us. Order includes a recurring order and a one-off order. Website means ddmilk.com.au, ddmilkportal.com.au and any replacement customer portal operated for D&D Milk.
3 Accounts and customer information
3.1 We may approve, decline, limit or review a trading account using reasonable credit and operational criteria. Approval may be subject to a credit limit, deposit, payment method or other reasonable condition disclosed to you.
3.2 You must provide accurate account, billing, delivery and contact information and promptly tell us of changes. You are responsible for orders placed through your account or by people you authorise, unless you promptly notify us of suspected unauthorised use.
3.3 We may make reasonable credit enquiries with your consent and as permitted by law. Our Privacy Policy explains how we handle personal information.
4 Orders and recurring supply
4.1 An order is an offer to purchase. We accept an order when we confirm it, allocate it for delivery, or supply it. We may decline an order for genuine credit, safety, stock, delivery-area or operational reasons and will tell you as soon as reasonably practicable.
4.2 A recurring order continues at the agreed frequency until changed, paused or cancelled under these terms. It is not a fixed-term contract unless the parties expressly agree otherwise in writing.
4.3 You must check order confirmations and account settings. If your request is ambiguous, we may contact you for clarification and are not required to act until the request is clear.
4.4 Unless agreed otherwise, quantities are supplied in the pack sizes shown in our current product list or portal. Images are illustrative and packaging may change.
5 Changes pauses and cancellations
5.1 Requests to change, pause or cancel an order should reach us by 2 pm on the Business Day before the scheduled delivery day. Requests received after that time are not guaranteed because picking and delivery planning may already have occurred.
5.2 We will take reasonable steps to accommodate a late request. If we cannot do so, the original order may be supplied and charged. We will not charge for Goods that we have not supplied unless they were specially procured or prepared at your request and cannot reasonably be redirected, in which case we may charge our reasonable unrecoverable cost disclosed to you.
5.3 A Customer may end a recurring order without a termination fee by giving reasonable notice. Any minimum supply period or special promotion condition applies only if it was clearly disclosed and accepted when the arrangement began.
6 Prices GST and changes
6.1 Prices are those in the accepted quote, current agreed price list, portal or order confirmation. Unless expressly stated otherwise, prices exclude GST, delivery fees, container charges and other disclosed charges. GST will be added where applicable.
6.2 We may change prices for future supply to reflect supplier prices, taxes, transport costs or other reasonable business cost changes. We will give reasonable notice where practicable. You may change or cancel future recurring orders before the new price takes effect.
6.3 A manifest pricing or description error does not bind either party. We will notify you and give you the choice to proceed at the correct price or cancel the affected order without charge.
7 Availability and substitutions
7.1 Goods are subject to availability, seasonality and supplier changes. If an item is unavailable, we may offer or supply a reasonably comparable substitute only where your account preferences or prior course of dealing permit substitution. We will charge no more than the substitute price disclosed or ordinarily charged.
7.2 You may decline a materially different substitute and receive a credit for it. We may instead omit the unavailable item and credit any amount charged.
8 Delivery
8.1 We deliver to the agreed delivery point on the scheduled day. Delivery times are estimates unless we expressly agree a fixed time in writing. Traffic, access, weather, supplier delays and other circumstances may affect timing.
8.2 The Customer must provide safe, lawful and practical access, accurate instructions and any required keys, codes, loading arrangements or authorised contact. You must tell us of site hazards and comply with any reasonable delivery safety requirements.
8.3 If the agreed arrangement permits unattended delivery, you authorise us to leave the Goods at the nominated place. Delivery occurs when the Goods are placed there. We may use a scan, photograph, electronic record or driver record as evidence of delivery, but you may provide contrary evidence.
8.4 If we cannot deliver because access is unavailable, unsafe or materially different from the instructions, we may return the Goods and arrange redelivery. We may charge a reasonable redelivery or handling cost after telling you, except where the failure was ours.
8.5 We do not deliver on Victorian public holidays unless agreed. We may close over Christmas and New Year and will give reasonable notice of affected delivery arrangements.
9 Risk title and care after delivery
9.1 Risk in the Goods passes on delivery. You must promptly move perishable Goods to suitable storage and maintain required food-safety and refrigeration conditions after delivery.
9.2 Title to Goods passes when we receive full payment for them. Until then, you hold any identifiable unpaid Goods as bailee, must not grant an interest in them, and must keep them separately identifiable where reasonably practicable. This clause does not permit us to enter premises or recover Goods without consent or lawful authority.
9.3 To the extent this arrangement creates a security interest under the Personal Property Securities Act 2009 Cth, you consent to us registering that interest. You must provide information reasonably required for registration. We will not require you to waive notices or rights that cannot lawfully be waived.
10 Invoices and payment
10.1 We may invoice on delivery, periodically, or as otherwise agreed. You must pay by the due date shown on your approved account, quote or invoice. If no period is shown, payment is due 14 days after the invoice date.
10.2 You must raise a genuine invoice query promptly and identify the disputed amount and reasons. You must pay the undisputed amount by the due date. The parties will work reasonably and in good faith to resolve the query.
10.3 Payments must be made without set-off or deduction except for a genuine disputed amount or where the law permits. We may apply a payment to the invoice identified by you, or otherwise to the oldest due amount.
11 Overdue accounts and suspension
11.1 If an undisputed amount is overdue, we may give notice requiring payment. If it remains unpaid after the notice period, we may suspend further supply or reduce the credit limit until the account is brought up to date. We may act sooner where there is a reasonable and material credit risk.
11.2 We may charge interest on overdue undisputed amounts at the Reserve Bank of Australia cash rate plus 4 percent per annum, calculated daily, from the due date until payment. This is intended to compensate us for delayed payment, not to operate as a penalty.
11.3 You must reimburse reasonable external debt-recovery and legal costs actually incurred because of your failure to pay an undisputed amount when due, to the extent permitted by law.
12 Inspection shortages and credits
12.1 Please inspect the Goods promptly. Notify us as soon as reasonably practicable of shortages, incorrect items, visible damage, quality concerns or temperature concerns. Notice within 24 hours helps us investigate perishable Goods, but failure to notify within that period does not remove a right or remedy that cannot lawfully be excluded.
12.2 Please retain the affected Goods where safe and reasonable, record relevant batch or use-by details, and provide photographs or other information reasonably needed to assess the issue. Do not use Goods that may be unsafe.
12.3 Where a claim is accepted, we may provide a replacement, account credit, refund or other remedy appropriate to the circumstances and required by law. A change-of-mind return requires our prior agreement, and perishable Goods ordinarily cannot be returned for change of mind.
13 Food safety recalls and allergens
13.1 Product labels and manufacturer information are the primary source of ingredient, allergen, nutrition and use-by information. You must check this information before supplying Goods to staff, visitors or any other person, particularly where allergies or dietary requirements are involved.
13.2 If we notify you of a recall or safety issue, you must promptly stop using and distributing the affected Goods, follow reasonable recall instructions and assist with tracing quantities on hand or already distributed.
14 Equipment containers and property
14.1 Any crate, trolley, refrigerator, key, access device, dispenser or other equipment identified as belonging to us or a supplier remains that owner’s property. You must take reasonable care of it, use it only for its intended purpose and make it available for collection.
14.2 We may charge the reasonable repair or replacement cost for property lost or damaged through your negligence or misuse, allowing for fair wear and tear and age. Any recurring rental or service charge must be separately disclosed and agreed.
15 Consumer guarantees and liability
15.1 Nothing in these terms excludes, restricts or modifies a consumer guarantee, right, remedy or liability under the Competition and Consumer Act 2010 Cth, the Australian Consumer Law or another law where doing so would be unlawful.
15.2 Where the Goods or services are not of a kind ordinarily acquired for personal, domestic or household use or consumption and the law permits liability to be limited, our liability is limited, at our option, to replacing the Goods, supplying equivalent Goods, repairing the Goods, paying the cost of replacement or repair, re-supplying the services, or paying the cost of having the services supplied again.
15.3 Subject to clauses 15.1 and 15.2, neither party is liable to the other for indirect or consequential loss, loss of profit, loss of opportunity or loss of goodwill that was not reasonably foreseeable when the contract was made. This exclusion does not apply to fraud, wilful misconduct, personal injury, damage to tangible property, breach of confidentiality, or an amount payable for Goods supplied.
15.4 Each party must take reasonable steps to mitigate loss. Our liability will be reduced to the extent that the Customer’s act, omission, unsafe storage or failure to follow instructions caused or contributed to the loss.
16 Customer responsibility and indemnity
16.1 You are responsible for loss suffered by us to the extent it is directly caused by your breach of these terms, negligence, unlawful conduct or unauthorised representation about the Goods. You indemnify us against a third-party claim to that extent, except to the extent our act or omission caused or contributed to the claim.
17 Events beyond reasonable control
17.1 Neither party is liable for delay or failure caused by an event beyond its reasonable control, including severe weather, natural disaster, fire, industrial action, epidemic, government action, utility or system failure, supplier interruption or transport disruption. The affected party must give reasonable notice, take reasonable steps to reduce the effect and resume performance when practicable.
17.2 Payment remains due for Goods already supplied. If an event materially affects recurring supply for more than 30 days, either party may end the affected arrangement by notice without an early termination charge.
18 Confidentiality and privacy
18.1 Each party must protect the other party’s confidential commercial information and use it only for the supply relationship, except where disclosure is authorised, required by law, made to professional advisers under confidentiality duties, or concerns information already public through no breach.
18.2 We handle personal information in accordance with applicable privacy laws and our published Privacy Policy. You must ensure that personal information you give us may lawfully be provided for account administration, delivery and communications.
19 Ending or suspending the relationship
19.1 Either party may end an ongoing supply arrangement by reasonable written notice. Ending the arrangement does not affect accrued rights, outstanding invoices or orders already committed and unable reasonably to be cancelled.
19.2 A party may suspend or end the arrangement immediately by notice if the other party commits a material breach that cannot be remedied, or fails to remedy a remediable material breach within a reasonable period stated in a notice. We may immediately stop a delivery where continuing would create a genuine safety or legal risk.
19.3 Subject to applicable insolvency laws, either party may end the arrangement if the other party becomes insolvent, enters external administration or ceases business.
20 Notices and electronic communications
20.1 Operational notices and order requests may be sent through the portal or to the email address used for the account. Formal notices may be sent by email or prepaid post to the last notified address. An email is taken received when it enters the recipient’s information system, unless the sender receives a failure notice; an email received after 5 pm is treated as received on the next Business Day.
20.2 You consent to receiving account, service and transactional communications electronically. Marketing communications will be sent only as permitted by law and will include an unsubscribe facility where required.
21 Changes to these General Customer Terms
21.1 We may change these terms for future supply where reasonably required by law, security, technology, operations or commercial conditions. We will publish the updated terms and give reasonable advance notice to account Customers of any material change.
21.2 A change will not retrospectively alter an accepted one-off order. If a material change disadvantages you, you may cancel future recurring supply before it takes effect without a termination fee. Continued ordering or acceptance of recurring deliveries after the effective date constitutes acceptance of the updated terms.
22 General provisions
22.1 Neither party may assign the supply contract without the other party’s consent, which must not be unreasonably withheld. We may assign or transfer it as part of a genuine sale or restructure of our business by giving notice, provided the transfer does not materially reduce the Customer’s rights.
22.2 A waiver is effective only if given in writing and applies only to the stated instance. A delay in exercising a right is not a waiver.
22.3 If a provision is invalid or unenforceable, it is to be read down to the minimum extent necessary or severed. The remaining provisions continue.
22.4 These terms do not create a partnership, employment, franchise, joint venture or agency relationship.
22.5 Victorian law governs the contract. The parties submit to the courts of Victoria and courts hearing appeals from them, subject to any law permitting proceedings elsewhere.
Part B Website Terms
23 Acceptance and relationship to customer terms
23.1 These Website Terms apply whenever you access or use the Website. By using it, you agree to this Part B. If you order Goods or operate a customer account, Part A also applies.
23.2 If you do not agree, you must not use the Website. We may update these Website Terms by publishing the revised version with a new effective date. The revised terms apply to use after that date.
24 Permitted use
24.1 You may use the Website for lawful information, enquiry, account and ordering purposes. You must not interfere with its operation or security; introduce malicious code; scrape, harvest or access data without authority; impersonate another person; test vulnerabilities without written permission; or use Website content for an unlawful or misleading purpose.
24.2 You must keep login credentials confidential, use reasonable security measures and promptly notify us of suspected unauthorised access. We may suspend credentials where reasonably necessary to protect the Website, an account or another person.
25 Website information and availability
25.1 We take reasonable care with Website information, but product descriptions, images, pack sizes, availability, delivery areas and prices may change. The applicable order details are those confirmed when the order is accepted, subject to Part A.
25.2 We do not promise uninterrupted or error-free access. We may maintain, change, suspend or withdraw Website functions where reasonably necessary. We will try to minimise disruption to customer ordering and provide an alternative contact method when practicable.
26 Intellectual property
26.1 Unless otherwise stated, Website content is owned by or licensed to D&D Milk and is protected by intellectual property laws. You may view, download or print reasonable extracts for your internal business use and dealings with us.
26.2 You must not reproduce, modify, republish, distribute, sell, frame or commercially exploit Website content without the relevant owner’s written permission, except as permitted by law. Third-party trade marks remain the property of their owners.
27 Customer content and enquiries
27.1 You retain ownership of content you submit. You give us a non-exclusive licence to use it as reasonably necessary to respond to enquiries, administer accounts, process orders, deliver Goods, improve services and comply with law.
27.2 You must not submit unlawful, defamatory, infringing, misleading, malicious or confidential third-party content without authority.
28 Links and third-party services
28.1 The Website may link to third-party sites or services for convenience. Unless expressly stated, we do not control or endorse them and are not responsible for their content, availability or privacy practices. Your use of them is governed by their terms.
29 Privacy cookies and analytics
29.1 Our Privacy Policy forms part of these Website Terms and explains how we collect, use, disclose and protect personal information. The Website may use essential cookies and, subject to applicable law and available settings, analytics or preference technologies.
29.2 Do not send payment-card details through an unsecured enquiry form or ordinary email. Use the payment or account method we specify.
30 Website disclaimers and liability
30.1 Website content is general information and is not medical, dietary or professional advice. You should check product labels and obtain appropriate advice for allergies, health conditions or specialist dietary needs.
30.2 To the extent permitted by law, we are not liable for loss caused solely by reliance on Website information that is clearly general, by unauthorised access resulting from your failure to protect credentials, or by third-party sites outside our control. Clause 15 applies to Goods and services, and nothing in this Part B excludes a right or remedy that cannot lawfully be excluded.
31 Complaints and contact
31.1 Questions, complaints, order issues and privacy enquiries may be directed to orders@ddmilk.com.au, 1300 336 455, or D&D Milk, 11 Mohr Street, Tullamarine Victoria 3043. We will respond within a reasonable time having regard to the nature and urgency of the matter.
Customer acknowledgement
For online and ordinary account use, acceptance may occur under clause 1.2 without signature. The following may be used where a signed acknowledgement is required.
Customer legal name
___________________________________
ABN or ACN
___________________________________
Authorised representative
___________________________________
Position
___________________________________
Signature
___________________________________
Date
___________________________________
