Applicability
These terms and conditions (“Terms”) govern the sale or supply of all goods by Essential Water and Energy Services Pty Ltd to the Buyer and prevail over any oral representations between any person representing Essential Water and Energy Services Pty Ltd and the Buyer.
Waivers or changes to these Terms will only have effect if made in writing by Essential Water and Energy Services Pty Ltd
Any purchase order placed with Essential Water and Energy Services Pty Ltd orally or in writing, will be confirmation of the Buyer’s acceptance of these Terms.
Prices
The prices for the goods are the prices quoted to the Buyer by Essential Water and Energy Services Pty Ltd and confirmed in writing on an Essential Water and Energy Services Pty Ltd document.
Prices and quotations are not inclusive of GST unless otherwise stated.
Delivery Date
This provision only applies when goods are not in stock at point of sale. Essential Water and Energy Services Pty Ltd will confirm, in writing, the required delivery date (“The Delivery Date”) and destination. It is the Buyer’s responsibility to advise Essential Water and Energy Services Pty Ltd if the Delivery Date and destination are not correct.
All reasonable endeavours to meet the Delivery Date will be utilised, but Essential Water and Energy Services Pty Ltd is not and will not be liable for any loss or damage, however it arises, if the goods are not delivered by the Delivery Date.
Essential Water and Energy Services Pty Ltd reserves the right to deliver the goods in one delivery, or by instalment, unless otherwise agreed in writing. Each instalment will be deemed a separate sale and must be paid for separately by the Buyer.
Terms of Payment
Unless otherwise advised, Terms of Payment are cash or bank transfer with a minimum of 80% payable with the order and the remaining 20% payable before delivery is affected from the warehouse or factory. This is to be paid immediately on request and receipt of a tax invoice from Essential Water and Energy Services Pty Ltd unless otherwise agreed.
All freight costs incurred by Essential Water and Energy Services Pty Ltd in shipping the product to the Buyer’s warehouse or other address, as notified, is to be paid by the Buyer prior to the product being collected by the freight company.
In the event of an account being granted, payment must be made in accordance with the Terms of Payment specified in the Application for a Commercial Credit Account (“Application”).
Payment means receipt by Essential Water and Energy Services Pty Ltd of cash or cleared funds or bank transfer slip showing payment.
Interest is payable by the Buyer on all late payments at the rate of 15% per annum (or any other rate notified in writing by Essential Water and Energy Services Pty Ltd to the Buyer from time to time) and is calculated daily from the due date until the date of payment.
All statistical information is used on aggregate to provide Essential Water and Energy Services Pty Ltd with general information about our users and to help promote and better our understanding of the way you use and interact with our online services.
Ownership of Goods
Notwithstanding delivery of the goods, ownership of goods delivered only passes to the Buyer when the goods are paid for in full. Until the Buyer has paid in full for the goods:
• ownership of the goods remains with Essential Water and Energy Services Pty Ltd
• the Buyer may only dispose of the goods as Essential Water and Energy Services Pty Ltd fiduciary and agent and provided that the entire proceeds of the sale of those goods are held by the Buyer on trust for Essential Water and Energy Services Pty Ltd
In the event of non-payment in accordance with these Terms or should the Buyer enter into administration, bankruptcy, receivership or liquidation, then Essential Water and Energy Services Pty Ltd has the right to recover all goods for which payment has not been made (“the unpaid goods”), and its employees or agents are authorised by the Buyer to enter the Buyer’s premises to collect the unpaid goods. The Buyer is obligated to make available all such unpaid goods if directed to do so in writing by Essential Water and Energy Services Pty Ltd The Buyer may not revoke this permission. Essential Water and Energy Services Pty Ltd may resell the goods, without incurring any liability to the Buyer or any person claiming through the Buyer.
Cancellation of Order
No order may be cancelled or changed by the buyer, except by written consent from Essential Water and Energy Services Pty Ltd, which may be conditional upon a cancellation fee.
Acceptance and Return of Goods including Restocking Fee
Any return of goods is to be negotiated directly with Essential Water and Energy Services Pty Ltd which is not obliged to accept the return of any goods for credit.
The Buyer is deemed to have accepted a delivery of goods:
• within forty-eight (48) hours after delivery unless prior to that time the Buyer has notified Essential Water and Energy Services Pty Ltd in writing of its rejection of that delivery and the reasons for the rejection are accepted by Essential Water and Energy Services Pty Ltd ; or
• immediately upon use or sale of the goods,
whichever is the earlier. If the goods are used, or Essential Water and Energy Services Pty Ltd receives no notification of rejection of the goods within the required time, Essential Water and Energy Services Pty Ltd will be entitled to payment in full for the goods delivered and will not be liable for any claims, loss or damage that may subsequently arise.
Any goods intended to be returned to Essential Water and Energy Services Pty Ltd must be returned in the same condition as dispatched including packaging or they will not be accepted. Essential Water and Energy Services Pty Ltd may grant or refuse any such request to return the goods at its sole discretion.
All returned goods will be subject to a 20% restocking fee unless advised in writing by Essential Water and Energy Services Pty Ltd
Risk and Insurance
The risk in the goods will, unless otherwise agreed in writing, pass to the Buyer upon delivery of the goods to the Buyer or its nominated agent.
Default
The Buyer agrees that if:
• the Buyer fails to pay when due any amount owing to Essential Water and Energy Services Pty Ltd ; or
• the Buyer fails to comply with any of these Terms; or
• any step is taken to enter into any arrangement between the Buyer and its creditors; or
• the Buyer ceases to be able to pay its debts as they become due or ceases to carry on business; or
• any step is taken to appoint a receiver, a receiver and manager, a trustee in bankruptcy, a liquidator, a provisional liquidator, an administrator or other like person over the whole or any part of the Buyer’s assets or business; or
• in Essential Water and Energy Services Pty Ltd ’ opinion, the Buyer’s credit standing has materially changed,
Essential Water and Energy Services Pty Ltd may do any or all of the following (in addition to any other rights it may have including termination of any agreement):
• require the Buyer to immediately pay all amounts that are invoiced but unpaid and to pay in advance for any further supply or delivery of goods (even if specified otherwise in any invoice or confirmation of order previously sent to the Buyer by Essential Water and Energy Services Pty Ltd);
• suspend or cease supplying goods to the Buyer (whether or not the Buyer has ordered goods that have not yet been supplied);
• enter the Buyer’s premises and repossess goods for which payment is overdue;
• cancel any other contract(s) with the Buyer or such parts as Essential Water and Energy Services Pty Ltd sees fit; and
• demand that the unpaid goods be immediately returned to Essential Water and Energy Services Pty Ltd at the Buyer’s expense.
These rights are without prejudice to any other right or demand available to Essential Water and Energy Services Pty Ltd The Buyer will be liable to Essential Water and Energy Services Pty Ltd for all costs incurred, including all legal costs on an indemnity basis, in recovering the unpaid goods and will be liable to Essential Water and Energy Services Pty Ltd for all costs incurred by Essential Water and Energy Services Pty Ltd arising as a result of the non-payment of goods including costs incurred in legal proceedings.