Terms and Conditions of Sale – Ecospill Pty Ltd
1.1 Unless otherwise stated all prices quoted are exclusive of freight, delivery costs, insurance and other charges in relation to the transfer of the Product from the Premises of ECOSPILL to the location designated by the Customer, all of which charges shall be payable by the customer.
1.2 Unless otherwise agreed in writing ECOSPILL reserves the right to vary all prices without notification.
1.3 All prices are plus “Goods and Services Tax “ (G.S.T.)
- ECOSPILL shall notify the Customer when the Product is available for delivery/collection. Within 24 hours of such notification the Customer shall give ECOSPILL instructions as to the delivery/collection of the Product. The Product shall be at the risk of the Customer upon its receipt of such notification by the Customer. If the notification is posted, the receipt shall be deemed to have occurred on the second business day following the dispatch by ECOSPILL of the notification by prepaid post addressed to the Customer at its address specified on the face of this document. From the time of passing of risk the Customer shall be responsible to insure the Product.
3.1 Unless express agreement in writing is otherwise made the price shall be paid by the Customer in cash or by cheque upon the earlier of:
(a) Delivery/collection of the Product, or
(b) Seven days after the risk in the Product has passed to the Customer, which date is hereafter referred to as the “Payment Date”.
3.2 If payment is made by cheque which is dishonoured, ECOSPILL reserves the right to charge the Customer for accounting and bank charges and other fees incurred by it in respect of such dishonour.
4. It is acknowledged any failure or delay by the Customer in making payment will result in financial loss to ECOSPILL and in that case ECOSPILL reserves the right to recover from the Customer a default charge in addition to the price, such charge to be calculated on a daily basis at the rate of 21% per annum upon the outstanding balance of the price and to be payable by way of liquidated damages for breach of contract and not by way of penalty.
5. Every endeavour will be made by ECOSPILL to complete delivery within the period, if any, stated but no liability can be accepted by ECOSPILL for delay in delivery or non-delivery.
6. Notwithstanding that the risk in the Product may have passed to the Customer, the title shall remain with ECOSPILL until payment has been received in full. Where payment is tendered by cheque, payment shall not be deemed to have been received until such cheque is honoured upon presentation at the drawer’s bank. In the event of the Customer obtaining possession of the Product prior to making payment in full he shall:
(a) Store the Product separately from the property of any other person,
(b) At all times ensure that the Product is marked in some manner that will enable it to be identified as the property of ECOSPILL.
(c) Not purport to mortgage, charge, transfer, convey or otherwise deal with the Product without the prior consent of ECOSPILL, and
(d) At all times allow ECOSPILL access to the Product to inspect the same and on the happening of any one or more of the following events, namely:
(i) where the purchaser fails to pay all or any part of the undertaking property or assets of the Purchaser; or
(ii) a receiver and/or Manager is appointed of any part of the undertaking property or assets of the Purchaser; or
(iii) if an order is made in respect of the Purchase for it to be wound up; or
(iv) if the Purchaser is placed under official management or enters into a scheme or arrangement; or
(v) the Purchaser being an individual becomes insolvent or commits an act of bankruptcy, then ECOSPILL shall through its employees or agents immediately have the right to enter the Purchasers premises and to re-take or resume possession of the Goods at its discretion, and all expenses incurred by ECOSPILL to this end will be the responsibility of the Customer.
7. The Customer is responsible for the immediate examination of the Product upon delivery and any deficiency or damage thereof must be reported to ECOSPILL in writing within seven (7) days of delivery otherwise no claim for such damage or deficiency shall be considered.
8. ECOSPILL shall not be responsible for damage or fault in performance arising out of incorrect or inappropriate operation of the Product by the Customer. The Customer acknowledges that ECOSPILL gives no warranty as to fitness of the product for the intended application of the Customer and that the Customer has relied entirely upon its own evaluation thereof.
9. Except as expressly provided to the contrary in this agreement, all terms, conditions, warranties, undertakings, inducements or representations whether express, implied, statutory or otherwise relating in any way to the Product are excluded. To the extent permitted by Law, ECOSPILL is hereby excused from all liability or any form of loss or damages whether incidental, special, consequential, general or otherwise (including loss of profit and revenue and notwithstanding that ECOSPILL may have been advised of such potential loss or damage) arising out of any breach by, or fault on the part of ECOSPILL under or in connection with the supply of the Product any defect or alleged defect in the Product or any negligent act or omission breach of contract or howsoever.
10. To the extent that the Product or any component part thereof is supplied to ECOSPILL by a third party the warranty offered by ECOSPILL in relation to the Product or the component part thereof (as applicable) shall be limited to ECOSPILL’s right of redress if any against the third party supplier arising out of any alleged fault/defect in the Product or component part thereof.
11. The terms and conditions in this agreement that purport to exclude or limit ECOSPILL liability shall apply to the extent permitted by Law, provisions of the Trade Practices Act 1974 (as amended) and other Statutes from time to time in force in Australia may imply warranties or conditions or impose obligations upon ECOSPILL that cannot be excluded, restricted or modified except to a limited extent. If any such statutory provisions apply then, to the extent to which ECOSPILL is entitled thereunder, to do so, its liability under those statutory provisions shall be limited at the option of ECOSPILL to any one or more of the following:
(a) If the breach relates to goods:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of such goods;
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(iv) the payment of the cost of having the goods repaired; and
(b) If the breach relates to services:
(i) the supply of the services again; or
(ii) the payment of the cost of having the services supplied again.
12. The Customer warrants that it has not relied on any representation made by ECOSPILL which has not been stated expressly in this agreement or upon any descriptions or illustrations or specifications contained in any document including any catalogues or publicity material supplied by ECOSPILL.
13.1 Subject to Clauses 7 and 11 hereof, no Product may be returned to ECOSPILL nor credit allowed for such return without the prior approval of ECOSPILL.
13.2 Any application by the Customer to return goods and receive a credit shall be in writing and shall state the reason for the return and the action requested by the Customer on the part of ECOSPILL.
13.3 Product wrongly ordered by the Customer and accepted for credit return by ECOSPILL shall be subject to a 15% re-stocking fee.