DECLARATION AND AUTHORISATION
I/We accept the Terms and Conditions of Credit with Ecofriend which are based strictly on the 20th of the month following receipt of goods unless prior arrangement has been made with Ecofriend.
I/We authorise the above-listed companies to provide you with the information required in order to assess this application.
I/We declare that the information contained herein is true and correct. I understand these terms and conditions and the addended Terms and Conditions of Trade on the following page.
TERMS AND CONDITIONS ECOFRIEND
1.1 In these terms and conditions:
1.1.1 Agreement means the agreement between the Customer and the Supplier for the provision of Goods by the Supplier to the Customer and includes these terms and conditions.
1.1.2 Customer means the person/entity named in the Monthly Account Application above to whom the Goods are to be supplied;
1.1.3 Goods means any goods supplied by the Supplier to the Customer pursuant to this Agreement;
1.1.4 Price means the price for Goods supplied by the Supplier to the Customer in accordance with clause 3 below, plus any additional charges pursuant to these terms and conditions, plus GST.
1.1.5 Supplier means Ecofriend.
2.1 The Customer may order Goods via the email: firstname.lastname@example.org from the Supplier from time to time during the term of this Agreement. All orders are subject to acceptance by the Supplier. The Supplier is not under any obligation to accept any given order made by the Customer, and the advertisement of any Goods or supply of information about any by the Supplier (including through the Supplier’s internet website) does not constitute an offer by the Supplier to supply the Goods with the specifications and/or at the price or rates advertised or otherwise oblige the Supplier to supply those Goods.
If the order is accepted by the Supplier then a contract for the supply of the Goods by the Supplier to the Customer will exist on these terms and conditions, and the Supplier will supply those Goods to the Customer and the Customer will pay the Price for those Goods to the Supplier in accordance with these terms and conditions.
The Customer acknowledges and agrees that where any order is made by the Customer orally (including by telephone or via an agent), the Supplier’s written
confirmation of that order shall be determinative of the existence and terms of the contract (subject only to any subsequent correction by the Supplier of any mistake in
the written confirmation), unless disputed by the Customer in writing within five working days of the date of such written confirmation. The Supplier may at any time send an amended written confirmation of any order (whether written or oral) which shall override any previous confirmation of that order to the extent necessary unless
disputed by the Customer in writing within five working days of the date of the amended written confirmation. This clause is without prejudice to the Supplier’s legal and equitable rights and remedies in the case of a legal or factual mistake.
3.1 There is a minimum order value of two pieces per item per order.
3.2 All Goods are supplied at the prices ruling at a delivery date and the Supplier reserves the right to pass on to the Customer any change in price or rates after the date of any quotation or estimate provided by the Supplier in relation to the Price of any Goods.
3.3 All Prices are exclusive of Goods and Services Tax, which is payable by the Customer in addition to the price quoted or estimated or advertised by the Supplier.
4.1 No variations to the Goods originally ordered or contracted for shall be carried out without the agreement of both the Customer and the Supplier. Where the Customer and the Supplier have agreed to a variation the Supplier will be entitled to charge for
the Goods involved in such variation at the Supplier’s usual prices and rates.
5.1 Payment of the Price for the Goods will be made without setoff or deduction on the 20th day of the month following the earlier of the date of invoice or delivery of the Goods (as the case may be), or such other date as the Customer and Supplier may agree to in writing.
5.2 If full payment of all amounts due under this agreement is not made by the Customer to the Supplier in accordance with clause 5.1 above then:
5.2.1 The Customer will be in default under this Agreement and the Supplier may exercise all of the rights and remedies set out in it and otherwise available at law; and
5.2.2 The Customer will pay interest on the unpaid monies at the rate of 2.0% per month payable on a daily basis from the due date; and
5.2.3 The Customer will be liable for all expenses (including debt collection and solicitor-client costs) incurred by the Supplier as a result of the default; and
5.2.4 The Supplier may withhold the further supply of Goods on credit.
5.3 The Customer acknowledges that all payments made to the
Customer’s account with the Supplier is in the ordinary course of the Customer’s business; are received by the Supplier on the reasonably held belief that those payments are valid unless the Customer advises otherwise in writing; and that by accepting any payments on or after the due date for payment the Supplier has altered its position in reliance on the validity of those payments.
6. Risk and Delivery
6.1 Risk in any Goods supplied to the Customer will pass when the Goods leave the premises of the Supplier in the course of delivery to the Customer, the Customer’s agent, or place of business. The Customer shall insure the Goods to their full price against all risks until the full Price is received by the supplier.
6.2 Any costs of delivery of Goods shall be payable by the Customer to the Supplier in addition to any other amounts including the purchase price payable under this agreement.
The Customer acknowledges that the legal, equitable and beneficial ownership and title to the Goods remains vested in the Supplier until all amounts owing to the Supplier have been paid in full.