TERMS AND CONDITIONS OF PRODUCT SUPPLY AND SALE
A reference to “Ecofast System” means Ecofast System Pty Ltd ABN:
Please read the undermentioned terms carefully. If you do not understand these terms of trade you should seek legal advice.
Account means the Credit Account for the purchase and delivery of Goods sold and supplied by Ecofast System to or at the direction of the Customer.
Credit Limit means any the Credit Limited set by Ecofast System in favour of the Customer or such different sum as Ecofast System may in its absolute discretion set from time to time on this Account.
Guarantor means and refers to the party nominated as the Guarantor in the Order attached hereto and if more than one party is nominated then each party so nominated both jointly and severally.
Ecofast System’s Designated Account for the purposes of payment means:
Products means Ecofast System Panels and other Products supplied by Ecofast System under this Agreement
Product Installation Specifications means those specifications set by Ecofast System from time to time as to the installation and use of the Products supplied by Ecofast System.
Tax Invoice means Tax Invoice issued on delivery of a consignment of goods sold and supplied by Ecofast System.
Goods are sold and supplied on the following Terms and Conditions:
Each Order which the Customer makes with Ecofast System will be regarded as a separate contract of sale.
Orders may be made by telephone fax email or by such other electronic means as the parties may otherwise accept and use
It is the Customer’s responsibility to ensure that any order placed by the Customer is to the dimensions and specifications required. All dimensions and specifications for such Products Ordered must be set out in detail with all Orders made.
Any Order made is subject to acceptance of Ecofast System
2.0 QUOTATIONS AND ESTIMATES
Unless specified otherwise Ecofast System’s quotations or estimates are valid only if the full quantity is ordered and paid for within 30 days. The order must be subject to delivery within thirty 30 days, except on custom orders which may require an extended delivery lead time.
If circumstances change (such as price change. etc.), Ecofast System has the right to modify or withdraw the quotation or estimate. Ecofast System will inform the Customer if this happens.
Customers must ensure that the quantities and specifications under the quotation or estimate is based are accurate and reflect your requirements. Any change in the order or product specifications will require a re-quotation.
Ecofast System is bound to supply Customers with goods after the order is accepted. Customers are bound to pay for them as specified herein.
3.0 SPECIAL ORDERS
Special orders attract a 50% deposit which will be debited to the Customer’s account upon receipt of a written order for panels outside our normal Product Range, or for goods specifically modified to the Customer’ s requirements.
Payment for the products supplied shall be in accordance with Clause 12 of these terms and conditions. Acceptance of an order shall be subject to the payment of a deposit (other than for custom orders) of 50% of the quoted sale price of the products to be supplied and delivered. Balance price to be paid prior to delivery to site.
Custom orders attract a 50% deposit which will be debited to the Customer’s account upon receipt of a written order for panels outside our normal Product Range, or for goods specifically modified to the Customer’s requirements.
Costs and charges for freight and handling at the point of delivery to the Customer or the Customer’s agent are payable by the Customer unless otherwise stated on the quote/order form. NOTE: – Pricing may vary from time to time subject to exchange rate variations and/or material increases outside the control of Ecofast System.
The Customer shall in addition to the price pay Goods and Services Tax, (GST) on any works or products supplied. GST will be in addition to the estimate/quote provided, if it is not shown otherwise.
Where settlement discount applies, no settlement discount will be approved unless all account money(ies) is/are paid within the agreed trading terms.
6.1 Ecofast System warrants that the goods are fit for their usual purpose and free of major defects. Ecofast System being a base material, may have minor defects. Any defect will be rectified by the product finisher (renderer and/or plasterer) using selected finishes. All other warranties and representations which may be excluded at law are excluded. Customers must ensure that the goods are suitable for its specific purpose.
6.2 Products supplied by Ecofast System are for use and construction in accordance with Plans and Specifications provided by the Customer.
6.3 The Customer acknowledges that:
(a) Products are manufactured and supplied to form an integral building system.
(b) Use of non-Mono-Wall Products and failure to comply with Installation Specifications may interfere with or undermine the structural integrity and or amenity of the Building or Structure built using the Mono-Wall Products and System.
(c) That before ordering any Mono-Wall Product the Customer has verified the suitability of the Products for the use proposed.
(d) That before installing or using any Product the Customer has carried out all necessary
Preparatory and other Site Works to the specifications required for the installation and use of the Products.
(e) That the Products are used only for the purposes specified and must be used and installed in accordance with the Product Instillation Specifications.
(f) The Customer must ensure that the Products are installed by an Approved Installer.
(g) Ensure that the building and construction using Products Supplied do not exceed the limit set for the use of such Products.
(h) The Product shall not be used in conjunction with products or building systems other than Mono-Wall unless otherwise approved by Ecofast System.
FAILURE TO COMPLY WITH THESE WARRANTIES MAY VOID THE WARRANTY GIVEN
7.0 RETURN OF, OR CANCELLATION OF GOODS ORDERED
No return of goods will be accepted, without prior approval of Ecofast System in writing. No return of or cancellation will be accepted once the production of the order has commenced.
8.0 CONDITIONS OF SALE OF GOODS
8.1 Subject to any restrictions at law Ecofast System shall not be liable for any amount greater than the sales price of the product originally supplied. Without limiting the meaning of this clause, Ecofast System shall not be liable for any claims, loss, expense whatsoever, how so ever arising, or in any event in any way whatsoever for any contingent, consequential, direct/indirect, special, or punitive damages arising in relation thereto, and the Customer acknowledges this express limit or liability and agrees to limit any claim accordingly. Further Ecofast System shall not be responsible directly or indirectly for any consequential loss or maintenance, use or operation of the product by the Customer, or to any third party, or from any failure of the product whether defective or not.
8.2 To the maximum extent permitted at law liability of Ecofast System, if any, for faulty workmanship, unsuitability, unmerchantable quality, failure to meet specifications, or to meet supply times, and all other claims for loss or damage howsoever arising and whether arising in contract, tort or otherwise and how so ever caused shall be limited to:-
Replacement of the goods or supply of equivalent goods;
Refund monies paid;
iii. Payment of the cost of replacing the goods or of acquiring goods;
Repair of the goods.
whichever obligation Ecofast System may choose. Without derogating from the generality of the foregoing, Ecofast System shall not be liable for any consequential loss or damage.
8.3 To the extent permitted at law Ecofast System shall not be liable nor deemed to be liable to the Customer or other party for failure or delay in meeting any obligation due to strikes and/or lockouts (whether of their own employees or those of others and whether or not the party against whom such action is taken could have avoided the same by acceding to the demands of the employees responsible for such action) equipment failure and/or delay or failure in supply of required materials, acts of God, war, fire, flood, embargo, litigation, acts of government or any agency instrumentality or any political subdivision thereof or any other cause beyond the control of the party which had the duty to perform.
9.1 Customers will be charged for delivery, unless specified otherwise. Ecofast System will supply the Customer with an estimated date and time of delivery and Ecofast System is not to be held liable for late delivery in circumstances where any stock is unavailable in time or through other intervening cause.
9.2 Deliveries shall be made during normal working hours. Deliveries required outside normal working hours will be delivered on request of the Customer, and all charges will be the sole responsibility of the Customer. Goods will be deposited at ground level on the delivery site unless arranged otherwise. Customers must ensure that Ecofast System has a clear and safe access for delivery. Ecofast System will not be held liable for damage to any property occurred in the course of delivery. Goods are at the Customer’s risk after delivery.
9.3 Customers must ensure that there is an authorised person present at the site who will accept the delivery. In the event the Customer or its representative is not on site to accept the delivery, then the Driver’s signature (of the delivery vehicle) denoting the time, date and place of delivery will be deemed to be acceptance of the said delivery whether by the Customer or the Customer’s Agent.
9.4 In the event the Customer or the Customer‘s Agent is not on site to accept the delivery, then the driver’s signature denoting the time, date and place of delivery, shall be deemed to be acceptance of the said delivery whether by Ecofast System or Ecofast System’s agent.
9.5 The date of delivery set forth in the order form is made in good faith, but the performance of Ecofast System engagement is subject to industrial disturbances, delay in transit, damage to goods in transit, shortage of goods and any other cause beyond reasonable control of Ecofast System. Ecofast System shall be excused from failure to deliver or complete, which is contributed to by any such cause, and the time specified for completion of delivery shall be extended commensurately. Delay in delivery or completion shall not
constitute a breach of contract, nor shall it affect any other provisions of the contract to Ecofast System’s disadvantage
9.6 The customer at all times is responsible to ensure suitable access to the site. The Customer further indemnifies and saves harmless Ecofast System, and or its servants or agents against any loss or damage, in the event the Customer fails to provide suitable access to site for delivery, and/or whilst on site working
9.7 All doors need to be installed in dry areas and must have 24-hour cover from the sun, rain and water.
10.0 CLAIMS FOR DEFECTIVE GOODS
10.1 it is the responsibility of the Customer to carefully inspect the goods immediately once they are delivered. Claims will only be recognised if made in the first instance by phone within 24 HOURS of receipt, and also in writing within 7 days of delivery. Claims outside this period will be at the absolute discretion of Ecofast System, and its decision final and binding on the Customer. All goods returned must be in original condition and packaging and complete in every detail. Goods will only be accepted if the freight on return
is prepaid by the Customer.
10.2 A Claim shall be dealt with under Clause at Ecofast System‘s discretion.
10.3 Failure to pay monies due by their due date for payment the Customer shall pay interest on the amounts due and payable at the rate set on Judgments in the Magistrates Court of Queensland.
10.4 Failure to pay amounts due under a Statement in full Ecofast System shall be entitled to (amongst other things) require payment of all goods supplied and unpaid for in full (and without the benefit of any discounts otherwise claimable on such supplies).
11.0 ENVIRONMENTAL REQUIREMENTS
The Customer confirms and acknowledges it has made all inquiries in relation to all responsibilities conferred upon the Customer, by any Environment Act, relating to cartage storage of and disposal of any or all products supplied by Ecofast System.
12.0 INSURANCE. NO INSURANCE IS PROVIDED BY Ecofast System
The Customer acknowledges that insurance of all goods is the responsibility of the Customer at point of delivery.
13.0 CONDITIONS OF PAYMENT
Deposit shall be paid pursuant to Clause 4 of these Terms and Conditions on acceptance on the order by Ecofast System and the balance shall be paid on delivery (COD).
14.1 Payment may be made by B-Pay, Direct Debit to Ecofast Systems Designated Account, Cash, Visa, or MasterCard. Payment by cheque will only be accepted if approved by Ecofast System on taking the Order.
14.2 Payment by credit card may incur a fee on any delivery paid by Credit Card.
14.3 Interest shall be charged on all monies unpaid from due date of payment at the rate set on judgements in the Civil Jurisdiction of the Magistrate Courts of Queensland as at the date that the monies first became due and payable.
The Customer acknowledges that the Laws of the State of the Queensland shall govern this contract, and the Customer hereby agrees to submit to the non-exclusive jurisdiction of the Courts of Queensland.
16.0 CHANGES TO TERMS OF TRADE
16.1 These Trading Terms and Conditions apply to all transactions from which the Customer is supplied goods whether on COD or not. If any future contract between Ecofast System & the Customer is inconsistent with these Trading Terms and Conditions, then these Trading Terms and Conditions will apply unless the subsequent contract refers to and specifically alters these Trading Terms and Conditions in writing.
16.2 Ecofast System reserves the right to amend these trading terms provided such amendments are conveyed to the Customer in writing. The Customer further acknowledges that such writing will be by ordinary mail to the address set out in the Commercial Credit Application, unless the Customer advises in writing to Ecofast System a new address, and this new address is acknowledged by return in writing by Ecofast System-
17.1 The Guarantor referred to in the front of this form, or where there is no guarantor the person signing this form on behalf of the Customer does hereby guarantee the due performance by the Customer of the obligations hereunder Including the payment of all monies due by the Customer to Ecofast System.
17.2 If the Customer default in the performance or observance of any term or condition of the agreement for supply of goods by Ecofast System the Guarantor HEREBY COVENANTS AND AGREES to perform or observe or procure the performance or observance of such term or condition and to pay to Ecofast System and indemnify Ecofast System against all losses, damages, expenses and costs which Ecofast System shall be entitled to recover or shall incur by reason of any such default.
17.3 it shall not be necessary for Ecofast System at any time to take any steps or proceedings for enforcing its rights against the Customer under any agreement for supply and that the giving of time by Ecofast System to the Customer for the payment of any monies or for the performance or observance of any term or condition as aforesaid or other indulgence, arrangement, composition or negotiation whatsoever or any variation of the agreement for supply of goods and/or services shall not in any way discharge or release the Guarantor from their liability hereunder.
17.4 Where there is more than one (1) Guarantor the covenants herein contained on the part of the Guarantor shall be deemed to have been made Jointly and severally.