Terms of Trade

Terms Of Trade

1.              GENERAL
 
Orders are accepted solely in accordance with these terms unless otherwise stated in writing by the Company.
 
2.              DEFINITIONS
 
Terms used herein are defined as follows:
 
2.1           “The Company” means Ecco Pacific Pty Ltd; a duly incorporated company.
 
2.2           “The Company’s premises” means the place of business of the company from which the goods are despatched to the Customer.
 
2.3           “The Customer” means any person or body of persons, firm, company, or other entity buying goods from the Company and their executors, administrator or successors;
 
2.4           “Goods” means any product, equipment, part item whether complete or incomplete which the Company is in the business of supplying;
 
2.5           “Price” means the price for the goods excluding carriage, packing, insurance, and GST.
 
2.6           “Order” means an oral or written request for goods to the Company from the Customer or any agent, officer, servant or employee of the Customer.
 
3.              ACCEPTANCE OF ORDERS
 
An order is accepted when communicated to the Customer or an agent, officer, servant or employee of the Customer, either orally or in writing.  If acceptance has not been communicated to the Customer as aforesaid, acceptance shall be deemed to have been made upon the Company notifying the Customer that the goods are available for collection.
 
4.              VARIATION
 
Once an order has been accepted, no cancellation, addition, reduction, amendment or variation of any kind any be made without the consent of the Company.
 
5.              PRICE
 
5.1           Unless otherwise expressly stated the price to be paid for all goods supplied is the price current at the date of delivery, not withstanding any price stated in the order.
 
5.2           The Company reserves the right to amend any price at any time with or without notice.
 
6.              DELIVERY AND INVOICING
 
6.1           The date of delivery shall be the date upon which the goods are available for collection or despatch from the Company’s premises.
 
6.2           Unless agreed to by the Company in writing, the point of delivery for the goods shall be the Customer’s premises.
 
6.3           In the event that the Company is requested to arrange delivery or, in the absence of any specific instructions from the Customer, does arrange delivery to a point shall do so on behalf of the Customer only, and shall not be liable in any way whatsoever to the Customer in respect of such delivery.  All costs and charges of and incidental to, the carriage of goods shall be borne by the Customer.
 
6.4           The Customer shall be solely responsible for all costs and charges of storage, detention and similar contingencies that may arise out of delays caused by non-availability of transport services.
 
6.5           At the option of the Company, goods may be delivered in installments and each delivery so made shall be due for payment on the Company’s usual terms.  Delivery of an order by installments shall in each case be an approved variation of the contract and shall not give to the Customer and right to cancel the balance of the order.
 
6.6           If goods ordered are ready for delivery and the Customer does not take delivery within 7 days of being requested by the Company to do so the Company at its option, may cancel the contract or may invoice the goods whereupon the Customer shall be liable to pay for such goods.
 
6.7           Goods stored by the Company for a period of more than 7 days after notification to the Customer shall be subject to storage charge at such rate, as the Company shall in its absolute discretion decide.
 
7.              PASSING OF PROPERTY AND RISK
 
7.1           Goods shall be at the Customer’s risk in all respects as from and including the date of delivery.
 
7.2           Property in and title to the goods shall remain with the Company until the price and all other monies owing by the Customer to the Company in respect of those goods shall have been paid, notwithstanding that the goods may have been sooner given into the Customer’s possession.  Until such payment is made in full:
 
7.2.1      The customer shall hold the goods of the Company as its trustee and agent (but without holding itself as such);
 
7.2.2      The Customer shall have no power to charge, encumber, transfer or assign the goods to any person;
 
7.2.3      The Company shall have the right to immediately re-take possession of the goods and for such purpose is authorised by the Customer without notice to enter into any premises where the goods are held or are reasonably believed to be held and without being liable for any damage thereby caused.  Such repossession shall not amount to a cancellation of the contract.
 
7.2.4      If the Company so directs and the Customer is no longer in possession of the goods, the Customer shall do things within the Customer’s power to cause the return of the goods to the Company’s premises;
 
7.3           If any of the goods are sold or otherwise disposed of by the Customer before the property and title passes in accordance with the terms and sale, then the Customer shall hold the proceeds of such sale or disposition separately UPON TRUST for the Company and shall be accountable for such proceeds to the Company.
 
7.4           Where the Customer pays money to the Company without reference to any specific invoices or goods, the Company shall have the right to allocate monies received to the whole or any part of invoices and / or goods at its discretion.
 
8.              PAYMENT
 
8.1           Payment for goods invoiced shall be made to the Company 30 days from statement.  In the event of payment not being received in full on the due date, the Company reserves the right to charge interest on any amount outstanding.  The amount of interest will be calculated on a daily basis at 5% per annum above the Company’s prevailing bank overdraft rate from the due date up to the actual date of payment.
 
8.2           In the event of the Customer breaching the terms of sale or if any event or happening occurs which the Company may reasonably believe to affect the ability of the Customer to comply with such terms (including payment of the price and all other monies owing by the Customer to the Company) then upon notice from the Company all monies owed shall become immediately due and payable and the Company shall have the right to cancel the contract or any part thereof so far as it remains unperformed but without prejudice to its rights against the customer for any damages or consequential loss.
 
9.              CLAIMS
 
9.1           The Company will not be responsible for any claims against the Company for any loss, damage or delay arising directly or indirectly from any cause whatsoever including (but not limited to) war; acts of God; strikes and lockouts; fire civil disturbances; mechanical breakdown; shortage of power, water or raw materials; accidents or lack of transport facilities nor shall any such cause or causes give the Customer a right to cancel any contract for supply of goods.
 
9.2           The Company expressly provides no warranties in respect of the goods.  The Company however, will pass on to the Customer any warranties in respect of the goods given by the manufacturer of the goods.
 
9.3           In the event of loss or damage in transit or a shortfall in the specified quantity of the goods, the Customer is responsible for immediately advising the carrier or carriers and the Company, giving particulars of the consignment and the nature of the loss or damage, substantiated for any endorsed consignment note or delivery docket.  The Company will endeavour to assist the Customer where possible.
 
10.           RETURNS
 
No goods may be returned to the Company without the Company’s prior written consent by way of a return authority.  The Company, prior to the return of the goods, must grant a return authority.  The Company is under no obligation to accept goods returned.  Any goods not being returned for warranty claims must be unused and in a resaleable condition ie: in original undamaged packaging.
 
10.1        The original invoice or packing slip number must be quoted with an explanation of why the goods are being returned.  The goods must be returned within 30 days at the Customer’s expense.
 
10.2        The Company reserves the right to levy a handling fee for any goods it agrees to accept.  This may be 10% and levied at the Company’s absolute discretion.
 
10.3        The Company will not accept any goods for return with an invoice value of less than $20.00.
 
11.           INFRINGEMENT OF RIGHTS
 
If a claim is made against the Company or the Company becomes aware that the claim is likely to be made against it, that by supplying goods the Company is infringing any patent or other proprietary right or is contributing to any such infringement by the Customer or any other person, the Company may forthwith either terminate any order or suspend deliveries thereunder.
 
12.           COST
 
The Customer agrees to pay the Company’s costs of, and incidental to, the enforcement or attempted enforcement of the Company’s rights, remedies and powers under or implied by any contract between the Company and the Customer.  The Customer further indemnifies the Company against any cost, claim, charge or expense resulting from its exercise of the right to enter into any premises where the Company’s goods are held or are reasonably  believed to be held for the purpose of the repossessing of its goods.
 
13.           GOVERNING LAW
 
Any contract entered into between the Company and the Customer of which these terms of sale form part shall be governed exclusively by the laws of Australia and its territories.
 
14.           INVALIDITY
 
If any provision of these terms of sale shall be invalid, void, illegal or unenforceable to the remaining provision shall not be affected, prejudice or impaired.