Our terms and conditions.
'Contract' means the standard trading terms and conditions of sale (which applies to each and every Quotation and/or Order) and includes any Quotation and Order.
‘Ausplastics Trade’ means the Australian company Ausplastics (WA) Pty Ltd ATF ECO TRUST, ABN 22682951246.
'Customer’ means the entity to which ‘Ausplastics Trade’ enters into a Contract for the sale of Goods.
'Goods' means the goods described in the Quotation or Order and includes replacement goods.
'Order' means a written or verbal order from the Customer to Ausplastics Trade.
'Quotation' means a written or verbal quotation provided by Ausplastics Trade to the Customer.
Orders for Goods will be binding upon Ausplastics Trade and the Customer. However, Ausplastics Trade reserves the right to accept orders in whole or in part.
Once Ausplastics Trade has accepted an Order, the Customer may not alter or modify the Order without the prior written consent of Ausplastics Trade.
Ausplastics Trade has the right to charge a 15% Re-stocking fee, applied to all returned products, providing they are in re-saleable condition. This may be waived at Ausplastics Trade’s discretion.
All prices contained in the Quotation and/or Order will be exclusive of GST. All prices are in Australian dollars and subject to alteration without notice. All invoices are in Australian dollars and must be settled in Australian dollars.
Fitness for Purpose
The Customer agrees that they do not rely on the skill and judgment of Ausplastics Trade in relation to the suitability of any of the Goods for a particular purpose or application for which the Goods are required by the Customer and Ausplastics Trade is under no liability whatsoever if such Goods are not suitable and fit.
Delivery of Goods and Risk
Delivery of the Goods shall be made to the Customer’s nominated address. The Customer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
The failure of Ausplastics Trade to deliver will not entitle the Customer to treat this Contract as cancelled.
Ausplastics Trade will not be liable for any loss or damage whatever due to failure by Ausplastics Trade to deliver the Goods (or any part of them) promptly or at all.
All Risk in the Goods (including responsibility for insurance) passes to the Customer upon delivery of the Goods to the address requested by the Customer.
Notwithstanding that the Goods are in whole or in part at the risk of the Customer, the property in and legal title to the Goods remains with Ausplastics Trade until they and all other Goods previously supplied by Ausplastics Trade to the Customer, whether under this or any other order for Goods from the Customer, have been paid for in full by the Customer.
The Customer will inspect the Goods on delivery and will within seven (7) days of delivery notify Ausplastics Trade in writing of any alleged defect, shortage in quantity, errors, omissions or failure to comply with the Order or Quotation.
The Customer will afford Ausplastics Trade the opportunity to inspect the Goods within a reasonable time of delivery if the Customer believes the Goods are defective in any way. If the Customer fails to comply with these provisions, the Goods will be deemed to be free from any defect or damage and payment will be owing under this Contract.
If Ausplastics Trade agrees in writing that the Customer is entitled to reject the Goods because they are defective.
The Goods must have a corresponding invoice number quoted;
Freight charges incurred for the return of the Goods being returned is at the expense of the Customer, unless otherwise agreed; and
Ausplastics Trade’s liability is limited to either replacing or repairing the Goods at its discretion.
Ausplastics Trade does not warrant that the Goods are fit for any particular purpose or an intended use by the Customer.
Limitation of Liability
Ausplastics Trade will have no liability whatsoever for any direct or indirect losses, expenses, damages and costs incurred by the Customer caused by any breach by Ausplastics Trade of this Contract or any negligent act or omission.
The liability of Ausplastics Trade to the Customer in the event of any breach of this Contract or other cause of action will not exceed the prices of the Goods.
It is the responsibility of the Customer to ensure the products will be suitable for the application proposed.
Each provision of these Terms of Sale which provides for a limitation of liability, disclaimer of warranty or condition or exclusion of damages is separate and independent.