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Terms and condition of Trade.
These terms and Conditions apply to all sale of goods contracts. Any order placed with Easy Office Supplies ABN 16 161 691 238 constitutes your agreement to be bound by these terms. Any additional or different terms you stipulate or state in any communications with us (including any orders) are hereby objected to and will bind us unless we agree in writing. No sales representation or agent is authorised by us to give any guarantee, warranty or representation in addition to, or contrary to these conditions. In any event, receipts of goods by you upon delivery constitute your agreement to be bound by these terms.
1. Sale and Purchase
a. Your placement of an order with us constitutes an offer by you to purchase goods from us on these terms. The order is placed when it is submitted with us by email or telephone.
b. If we accept the order, a binding contract between you and us will arise on their terms.
2. Payment Terms:
a. The Customer must pay for any Goods or Services on or prior to the due date
b. Non-Payment: The Customer shall be liable to pay all reasonable expenses including legal fees incurred by Easy Office Supplies as a result of non-payment for goods supplied by Easy Office Supplies including the cost of service of notices or demands and any other procedures necessary (including Court procedures) to enable Easy Office Supplies to recover monies owing to it.
a. We will deliver the address to the address stated in the order or as agreed in writing. EOS reserves the right to charge for delivery of the goods at any time, not withstanding that it may have previously done so.
b. We will not be responsible for any part delivery or delay in delivery of goods. We will not be in any way responsible for any consequences (direct or indirect) arising from such delay or non-delivery.
c. We will be entitled to charge for and recover from you on demand all costs or loss
occasioned by a failure by you to collect or take delivery of the goods
d. you agree to inform EOS in writing with 30 days of the date of invoice if proof of delivery is required. After this period, no liability will lie with EOS.
e. Delivery rates for orders placed online at www.easyofficesupplies.com.au are for only orders processed online only. Orders placed online save our organisation time from processing any order, thus saving money for customers. Over the phone orders/email orders are charged at our normal delivery rates. Extra charges may apply for promotional items as such items must be insured and shipped registered express.
a. The goods come with guarantees under the Australian Consumer Law.
b. On receipt of goods, the Customer shall inspect the said Goods and determine whether or not they satisfy the customer's order. If the Customer has reason to allege that any of the goods are not in accordance with the Customer's order then the Customer shall advise EOS immediately by phone.
c. Goods must not be returned for any reason whatsoever unless authorized by a representative of the Company. When so authorized, the Customer will be provided with a Returns Authorization Number (RAN). The RAN will refer only to those particular Goods that the Customer has alleged to be at fault at the time of notifying EOS.
d. Returned goods will only be accepted if they are free of any markings, undamaged and in a re-salable condition. There may incur a 20% restocking fee if products are returned due to change of mind.
e. The RAN must appear on the address side of the package otherwise the Goods may not be accepted and may be returned to the Customer in which case the Customer will be liable for subsequent freight costs. EOS representative will advise by what method the Goods are to be returned. The Customer will be liable for any freight charges for any Goods returned by any other method not authorized by EOS or its representatives.
5. Title and risk
a. Risk in the goods will pass to you at the time of delivery in accordance with Condition 3
b. Irrespective of the time when risk in goods will pass, passing of the property and title of goods will be determined as follows
- You hereby acknowledge that the property and title in the goods will remain with EOS until you have made payment in full of the purchase price.
c. Pending payment in full of the purchase price and any other monies owing hereunder:
- In the case of the goods being of the kind classified by us as office machinery™, office furniture™ or computer hardware™, the relationship between EOS and you will be fiduciary, and you will hold the goods as bailee for and on behalf of EOS
- You will in all cases retain the goods upon your premises in such a manner such that they are readily identifiable as our property and
- You will not in any way deal with, part with possession or dispose or attempt to deal with, part with possession or dispose of the goods.
d. In the event that you default in payment of the purchase price or any other monies owing here under or upon the occurrence of any of the events specified in Condition 6, EOS and its employees or agents will have the right to enter your premises or any other premises where the goods are known to be stored to repossess the goods, and for this purpose you will grant all reasonable access rights and EOS is entitled to do all things required to secure procession. Upon repossession of any of the goods EOS will be then entitled, in its discretion to resell the goods to any third party in which case you will not have any action whatsoever against EOS for breach of contract or otherwise.
e. If you sell or otherwise dispose of the Goods to a third party prior to making payment of the purchase price or any other monies outstanding. EOS will be entitled to so much of the proceeds of such sale equivalent to the amount of monies owing to EOS by you.
f. In addition to the payment of any other monies payable to you to EOS under this agreement, we will be entitled to charge for and recover from you on demand all costs, loss or damage incurred by us in exercising any of our rights. This is not limited to the cost of storage, transportation and administration costs at our prevailing commercial rates.
6. Authorisation for and notice of disclosure
a. You authorize EOS to collect, retain and use information about you, including information contained in this for and personal information for the following purposes only
1. By purchasing our goods and services you automatically agree to receive updates on our monthly promotions and other special deals that may be in place. Please feel free to advise us if you do not wish to receive such material.
2. Assessing your creditworthiness
7. Limitation of liability
a. Where the goods or any services we supply under the contract are not goods or services of a kind ordinarily acquired for personal, domestic or household consumption, then our liability for failure to comply with a guarantee under the Australian Consumer Law is limited, so far as the Australian consumer law allows and at our options
1. In case of the goods, to repair or replace the goods or supply of equivalent goods.
8. Governing law.
The contract will be governed by the law of the State of Victoria and the Commonwealth of Australia
All notice under this contract must be in writing. Notice can be given in person, fax, email. Any changes to the notice details must be notified in writing.
EOS reserves the right to change these TERM and Conditions at any time.