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Terms & Conditions of Supply
1. General
1.1 The Customer agrees to be bound by these terms and conditions.
1.2 ThinkEco may vary or amend these terms and conditions at any time by
informing the customer in writing.
2. Supply of Goods
2.1 The supply of goods is subject to availability.
2.2 If ThinkEco is unable to supply all of the goods ordered by the Customer,
these terms and conditions still apply to any and all goods supplied.
2.3 ThinkEco reserves the right to discontinue the supply of goods to the
Customer.
3. Orders, Quotations & Prices
3.1 Where ThinkEco has provided the Customer with a written quotation, the
price of goods is the price specified in the quotation.
3.2 Where no quotation has been supplied by ThinkEco, the price of goods is
the price specified in ThinkEco’s current price list at the time the
Customer places the order.
3.3 The price of goods does not include freight, handling and insurance. These
costs are additional, and will be shown separately on ThinkEco invoices.
3.4 Upon receiving the Customer’s order, ThinkEco will invoice the Customer
for the amount due.
3.5 The Customer must accept any errors or emissions in invoicing and, where
applicable, the Customer must accept the amended pricing and pay the
difference within the approved terms of trade.
3.6 ThinkEco reserves the right to change any prices at any time without
notice.
4. Payment
4.1 Unless otherwise agreed in writing by ThinkEco, the Customer must pay
the invoice in full prior to the dispatch of goods.
4.2 Payments made by credit card may incur an administration fee.
4.3 If the Customer fails to pay the invoice by the due date, ThinkEco may
charge the Customer interest on the overdue amount at the interest rate
charged by Bendigo Bank. This interest will be calculated daily from the
date the payment was due until the date the payment is remitted
(inclusive).
4.4 In the event that ThinkEco incurs expenses in the act of seeking to recover
any overdue amounts owed by the Customer, including but not limited to
debt collection or legal costs, the Customer must reimburse ThinkEco for
these expenses.
4.5 ThinkEco reserves the right to terminate a credit agreement with the
Customer if the Customer fails to pay by the due date, exceeds its credit
limit, commits any other breach of these terms and conditions, becomes
insolvent, or is reasonably suspected by ThinkEco of becoming insolvent.
4.6 If any part of the invoice is in dispute, the Customer is liable to pay the full
invoice amount.
5. Cancellation
5.1 The Customer cannot cancel an order once it has been processed by
ThinkEco.
5.2 If the Customer cancels an order and ThinkEco incurs any expenses in
relation to the cancellation, the Customer must reimburse ThinkEco for
these expenses.
5.3 ThinkEco reserves the right to charge an Order Cancellation Fee.
6. Delivery
6.1 All freight costs are at the Customer’s expense.
6.2 The Customer bears all risks with respect to the goods during delivery.
6.3 If ThinkEco provides the Customer with a delivery date, this date should be
understood by the Customer as an estimate only. ThinkEco accepts no
responsibility for delays in delivery.
7. Stock Acceptance & Returns
7.1 The Customer is advised to inspect the goods immediately following
receipt of the delivery. The Customer must inform ThinkEco in writing of
any problems concerning the delivered goods (including damaged goods,
short-delivered or wrong products) within 48 hours of receiving the delivery.
If the Customer fails to make a claim within this period, the Customer is
deemed to have accepted the goods and will be required to pay for them in
full.
7.2 The Customer must obtain ThinkEco’s approval before seeking to return
excess or unwanted stock.
7.3 ThinkEco reserves the right to decline or accept returned stock at the
company’s discretion.
7.4 Stock must be returned to ThinkEco within seven (7) days from the invoice
date in order for the Customer to be eligible for a credit.
7.5 ThinkEco will only accept returned stock that is undamaged, unopened
and in a resalable condition.
7.6 ThinkEco will only credit the Customer for returned stock that is
undamaged, unopened and in a resalable condition.
7.7 ThinkEco will only credit the Customer for returned stock at the products’
current market value as indicated on ThinkEco’s price list.
8. Risk & Title
8.1 All risk relating to the goods is transferred to the Customer upon dispatch
of the order.
8.2 All goods delivered remain the property of ThinkEco until the invoice is paid
for in full by the Customer.
8.3 In the event that the Customer fails to pay the invoice in full, ThinkEco is
entitled to enter any premises where ThinkEco’s goods are stored to
reclaim possession of the goods.
9. Indemnity
9.1 ThinkEco is not liable for any damage or loss of any kind whotsoever or
howsoever arising in the connection with the supply of goods.
10. Exclusions of Liability
10.1 To the extent permitted by law, these terms and conditions exclude all
other conditions, warranties and liabilities in relation to the goods.
ThinkEco’s total liability to the Customer for any breach of any condition
is limited at ThinkEco’s option to one of the following:
a. Replacement of goods
b. The supply of equivalent goods
c. Payment of the cost of replacing the goods
d. Repayment of any amount paid for the goods, or
e. Provision of a purchase credit
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