ecoMaster Pty Ltd – Terms & Conditions of Trade
© Copyright – EC Credit Control 1999 - 2014
1. Definitions
1.1 “ecoMaster” means ecoMaster Pty Ltd, its successors and assigns or any person acting on behalf of and with the authority of ecoMaster Pty Ltd, including any competent and qualified director, representative, associate, officer, employee, agent or subcontractor.
1.2 “Client” means the person/s buying the Goods as specified in any invoice, document or order, and if there is more than one Client is a reference to each Client jointly and severally.
1.3 “Goods” means all Goods or Services supplied by ecoMaster to the Client at the Client’s request from time to time (where the context so permits the terms ‘Goods’ or ‘Services’ shall be interchangeable for the other).
1.4 “Price” means the Price payable for the Goods as agreed between ecoMaster and the Client in accordance with clause 5 below.
1.5 “Site” means the address nominated by the Client at which the Goods are to be delivered and/or installed by ecoMaster.
2. Acceptance
2.1 The Client is taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions if the Client places an order for Goods, or accepts Delivery.
2.2 These terms and conditions may only be amended with ecoMaster’s consent in writing and shall prevail to the extent of any inconsistency with any other document or agreement between the Client and ecoMaster.
2.3 Where the Client is a tenant (and therefore not the owner of the Site) then the Client warrants that the Client has obtained the full consent of the owner for ecoMaster to install the Goods on the Site. The Client acknowledges and agrees that they shall be personally liable for full payment of the Price for all Goods supplied under this agreement, and to indemnify ecoMaster against any claim made by the owner of the Site (howsoever arising) in relation to the installation of the Goods and the provision of any related Services by ecoMaster, except where such claim has arisen because of the negligence of ecoMaster when installing the Goods.
2.4 The Client agrees that they shall upon request from ecoMaster provide evidence that:
(a) they are the owner of the Site; or
(b) where they are a tenant, that they have the consent of the owner for the Goods to be installed on the Site.
3. Change in Control
3.1 The Client shall give ecoMaster not less than fourteen (14) days prior written notice of any proposed change of ownership of the Client and/or any other change in the Client’s details (including but not limited to, changes in the Client’s name, address, contact phone or fax number/s, or business practice). The Client shall be liable for any loss incurred by ecoMaster as a result of the Client’s failure to comply with this clause.
4. Specifications
4.1 The Client acknowledges that:
(a) all descriptive specifications, illustrations, drawings, data, dimensions and weights stated in ecoMaster’s fact sheets, price lists or advertising material, are approximate only and are given by way of identification only. The Client shall not be entitled to rely on such information, and any use of such does not constitute a sale by description, and does not form part of the contract, unless expressly stated as such in writing by ecoMaster;
(b) the energy savings may be less than estimated due to factors out of ecoMaster's control (including, but not limited to, weather conditions, user behaviour, air tightness of the building, the location (geographical or otherwise), and the location of surrounding structures etc).
4.2 The Client shall be responsible for ensuring that the Goods ordered are suitable for their intended use, as Goods are made to order and ecoMaster offers no refund, either partial or fully for ecoGlaze or custom colours orders, in the event of any cancellation by the Client.
4.3 At ecoMasters sole discretion all other Services will be subject to a refund less twenty-five percent (25%) administration fee of the total invoice including GST.
4.4 The Client acknowledges and accepts that the supply of Goods for accepted orders may be subject to availability and if, for any reason, Goods are not or cease to be available, ecoMaster reserves the right to substitute comparable Goods (or components of the Goods) and vary the Price as per clause 5.2. In all such cases ecoMaster will notify the Client in advance of any such substitution, and also reserves the right to place the Client’s order on hold until such time as ecoMaster and the Client agree to such changes.
5. Price and Payment
ecoMaster Pty Ltd – Terms & Conditions of Trade
© Copyright – EC Credit Control 1999 - 2014
5.1 At ecoMaster’s sole discretion the Price shall be either:
(a) as indicated on any invoice provided by ecoMaster to the Client; or
(b) as at the date of Delivery according to ecoMaster’s current price list; or
(c) ecoMaster’s quoted price (subject to clause 5.2) which will be valid for the period stated in the quotation or
otherwise for a period of thirty (30) days.
5.2 ecoMaster reserves the right to change the Price:
(a) if a variation to the Goods scheduled (including any applicable plans or specifications) which are to be supplied is
requested; or
(b) in the event of increases to ecoMaster in the cost of labour or materials, including additional transportation,
packing, freight, storage, handling, insurance, or government, statutory or regulatory charges that relate to the
supply of the Goods (if any), or fluctuations in currency exchange rates, which are beyond ecoMaster’s control;
(c) where engineering or technical assistance forms a part of the supply of Goods:
(i) all travel time and stand-by or waiting time will be charged at the labour rate specified in ecoMaster’s
quotation, and if no rate is specified, at ecoMaster’s standard rate at the date of Delivery; and
(ii) parts and other miscellaneous materials purchased by ecoMaster will be charged at cost plus fifteen percent
(15%).
5.3 At ecoMaster’s sole discretion, a non-refundable deposit of fifty percent (50%) shall be due upon acceptance of the
quotation to secure the date for installation and the balance shall be due prior to collection and/or day of installation.
5.4 Time for payment for the Goods being of the essence, the Price will be payable by the Client on the date/s
determined by ecoMaster, which may be:
(a) on the day of installation;
(b) before the day of installation;
(c) by way of instalments/progress payments in accordance with ecoMaster’s payment schedule;
(d) the date specified on any invoice or other form as being the date for payment; or
(e) failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the
Client by ecoMaster.
5.5 Payment may be made by cash, cheque, bank cheque, electronic/on-line banking, credit card (plus a surcharge of up
to two and a half percent (2.5%) of the Price, PayPal, or by any other method as agreed to between the Client and
ecoMaster.
5.6 GST and other taxes and duties that may be applicable shall be added to the Price except when they are expressly
included in the Price.
6. Rebates and Incentives
6.1 The Client authorizes ecoMaster to apply for any grant, rebate or other benefit from the Commonwealth or State
Government or any local government council in connection with the installation of a the Goods (“Rebate”) in the
Client’s name, and to receive payment of that Rebate on the Client’s behalf.
6.2 The Client agrees to sign relevant documents provide necessary information and take necessary action that
ecoMaster may require, to enable ecoMaster to receive payment of a Rebate.
6.3 If ecoMaster receives payment of a Rebate, it will apply that payment in, or towards satisfaction of, the Price, and pay
any excess to the Client.
6.4 ecoMaster is not responsible for any failure to obtain a Rebate, and the Client remains liable for the Price (and any
other amounts due to ecoMaster) which are not paid in full.
6.5 The Client acknowledges that, in certain circumstances, the commonwealth Government, State Government or local
government council (as applicable) may require repayment of the Rebate from the Client, and in such circumstances,
ecoMaster will have no responsibility to the Client.
6.6 If, within sixty (60) days of Delivery, ecoMaster does not receive payment of the anticipated Rebate in full for any
reason whatsoever, the Client must pay an amount equal to the Rebate (or the balance of the Rebate which remains
outstanding) to ecoMaster within seven (7) days of receiving a notice from ecoMaster requiring them to do so.
7. Delivery
7.1 Delivery of the Goods (“Delivery”) is taken to occur at the time that:
(a) the Client, or the Client’s nominated carrier, takes possession of the Goods at ecoMaster’s premises; or
(b) ecoMaster, or ecoMaster’s nominated carrier or the Client’s nominated carrier, delivers the Goods to the Site,
even if the Client is not present; or
(c) delivery of the Goods shall be to a nominated site as agreed by both parties, for collection by the Client.
ecoMaster Pty Ltd – Terms & Conditions of Trade
© Copyright – EC Credit Control 1999 - 2014
7.2 At ecoMaster’s sole discretion, the cost of Delivery is in addition to the Price.
7.3 ecoMaster may deliver the Goods in separate instalments. Each separate instalment shall be invoiced and paid in
accordance with the provisions in these terms and conditions.
7.4 Any time specified by ecoMaster for Delivery is an estimate only and ecoMaster will not be liable for any loss or
damage incurred by the Client as a result of any delay. However both parties agree that they shall make every
endeavour to enable the Goods to be supplied at the time and place as was arranged between both parties. In the
event that ecoMaster is unable to supply the Goods as agreed solely due to any action or inaction of the Client
(including, but not limited to, where Delivery is delayed at the request of the Client, by reason of a delay in the supply
of materials to be provided to ecoMaster, or pre-requisite work to be completed prior to Delivery, by the Client or a
third party, any act or omission of the Client or any third party or for any other reason beyond ecoMaster’s
reasonable control) then ecoMaster shall be entitled to charge a reasonable fee for storage (and the Goods will be
stored at the Client’s risk and expense) and/or re-supplying the Goods at a later time and date, and any payment due
upon Delivery must be made at the time in which they would have been made had there been no such delays.
7.5 The Client grants to ecoMaster a license to enter the Site for the purpose of:
(a) installing the Goods;
(b) inspecting the Goods;
(c) conducting repairs of, or maintenance to, the Goods;
(d) removing the Goods, or any equipment to facilitate the removal of the Goods, upon termination of this agreement.
7.6 The Client will provide ecoMaster with access to water, electricity, toilet and washing facilities.
7.7 The Client will ensure that all other third party consents necessary for ecoMaster to access the Site are obtained
prior to Delivery.
8. Risk
8.1 Risk of damage to or loss of the Goods passes to the Client on Delivery and the Client must insure the Goods on or
before Delivery.
8.2 If any of the Goods are damaged or destroyed following Delivery but prior to ownership passing to the Client,
ecoMaster is entitled to receive all insurance proceeds payable for the Goods. The production of these terms and
conditions by ecoMaster is sufficient evidence of ecoMaster’s rights to receive the insurance proceeds without the
need for any person dealing with ecoMaster to make further enquiries.
8.3 If the Client requests ecoMaster to leave Goods outside ecoMaster’s premises for collection, or to deliver the Goods
to an unattended Site, then such Goods shall be left at the Client’s sole risk.
9. Client’s Warranties
9.1 The Client:
(a) warrants that they have read and understood these terms and conditions and have had the opportunity to obtain
independent legal advice about their terms and effect;
(b) warrants that all information supplied to ecoMaster in connection with the supply of Goods is true and accurate,
and acknowledges that ecoMaster has relied on that information in supplying the Goods;
(c) acknowledges that while ecoMaster may have provided information to them about the performance of the Goods
generally (including as per clause 4.1), it has not made any representation or warranty concerning the
performance of the Goods or the suitability of the Goods for the Site;
(d) warrants that notwithstanding sub-clause (c), they have not relied upon any representation or warranty convening
the performance of the Goods or the suitability of the Site;
(e) warrants that all electrical and plumbing infrastructure and installations at the Site (“System”) complies with all
laws, Acts, rules, regulations and codes and the requirements and directions of any relevant commonwealth,
State and Local Government departments and other bodies (“Laws”);
(f) warrants that the structure of the premises in or upon which these Goods are to be installed or erected is sound
and will sustain the installation and work incidental thereto and ecoMaster shall not be liable for any claims,
demands, losses, damages, costs and expenses howsoever caused or arising should the premises or equipment
be unable to accommodate the installation (including but not limited to insufficient or defective walls, ceiling, joists
or other structures not erected by ecoMaster);
(g) warrants that the building has been inspected for termites (within the last two (2) years) and all structural timbers
are sound and load bearing;
(h) accepts that in the event asbestos or any other toxic substances are discovered at the worksite that it is their
responsibility to ensure the safe removal of the same. The Client further agrees to indemnify ecoMaster against
ecoMaster Pty Ltd – Terms & Conditions of Trade
© Copyright – EC Credit Control 1999 - 2014
any costs incurred by ecoMaster as a consequence of such discovery. Under no circumstances will ecoMaster
handle removal of asbestos product. ecoMaster may choose to cancel the installation work and the Client will
compensate ecoMaster for loss of income:.
10. Title
10.1 ecoMaster and the Client agree that ownership of the Goods shall not pass until:
(a) the Client has paid ecoMaster all amounts owing to ecoMaster; and
(b) the Client has met all of its other obligations to ecoMaster.
10.2 Receipt by ecoMaster of any form of payment other than cash shall not be deemed to be payment until that form of
payment has been honoured, cleared or recognised, and until then ecoMaster’s ownership and rights in relation to
the Goods, and this agreement, shall continue.
10.3 It is further agreed that:
(a) until ownership of the Goods passes to the Client in accordance with clause 10.1 that the Client is only a bailee of
the Goods and must return the Goods to ecoMaster on request.
(b) the Client holds the benefit of the Client’s insurance of the Goods on trust for ecoMaster and must pay to
ecoMaster the proceeds of any insurance in the event of the Goods being lost, damaged or destroyed.
(c) the Client must not sell, dispose, or otherwise part with possession of the Goods other than in the ordinary course
of business and for market value. If the Client sells, disposes or parts with possession of the Goods then the
Client must hold the proceeds of any such act on trust for ecoMaster and must pay or deliver the proceeds to
ecoMaster on demand.
(d) the Client should not convert or process the Goods or intermix them with other goods but if the Client does so
then the Client holds the resulting product on trust for the benefit of ecoMaster and must sell, dispose of or return
the resulting product to ecoMaster as it so directs.
(e) the Client irrevocably authorises ecoMaster to enter any premises where ecoMaster believes the Goods are kept
and recover possession of the Goods.
(f) ecoMaster may recover possession of any Goods in transit whether or not delivery has occurred.
(g) the Client shall not charge or grant an encumbrance over the Goods nor grant nor otherwise give away any
interest in the Goods while they remain the property of ecoMaster.
(h) ecoMaster may commence proceedings to recover the Price notwithstanding that ownership of the Goods has not
passed to the Client.
11. Personal Property Securities Act 2009 (“PPSA”)
11.1 In this clause financing statement, financing change statement, security agreement, and security interest has the
meaning given to it by the PPSA.
11.2 Upon assenting to these terms and conditions in writing the Client acknowledges and agrees that these terms and
conditions constitute a security agreement for the purposes of the PPSA and creates a security interest in all Goods
that have previously been supplied and that will be supplied in the future by ecoMaster to the Client.
11.3 The Client undertakes to:
(a) promptly sign any further documents and/or provide any further information (such information to be complete,
accurate and up-to-date in all respects) which ecoMaster may reasonably require to;
(i) register a financing statement or financing change statement in relation to a security interest on the Personal
Property Securities Register;
(ii) register any other document required to be registered by the PPSA; or
(iii) correct a defect in a statement referred to in clause 11.3(a)(i) or 11.3(a)(ii);
(b) indemnify, and upon demand reimburse, ecoMaster for all expenses incurred in registering a financing statement
or financing change statement on the Personal Property Securities Register established by the PPSA or releasing
any Goods charged thereby;
(c) not register a financing change statement in respect of a security interest without the prior written consent of
ecoMaster;
(d) not register, or permit to be registered, a financing statement or a financing change statement in relation to the
Goods in favour of a third party without the prior written consent of ecoMaster;
(e) immediately advise ecoMaster of any material change in its business practices of selling the Goods which would
result in a change in the nature of proceeds derived from such sales.
11.4 ecoMaster and the Client agree that sections 96, 115 and 125 of the PPSA do not apply to the security agreement
created by these terms and conditions.
ecoMaster Pty Ltd – Terms & Conditions of Trade
© Copyright – EC Credit Control 1999 - 2014
11.5 The Client waives their rights to receive notices under sections 95, 118, 121(4), 130, 132(3)(d) and 132(4) of the
PPSA.
11.6 The Client waives their rights as a grantor and/or a debtor under sections 142 and 143 of the PPSA.
11.7 Unless otherwise agreed to in writing by ecoMaster, the Client waives their right to receive a verification statement in
accordance with section 157 of the PPSA.
11.8 The Client must unconditionally ratify any actions taken by ecoMaster under clauses 11.3 to 11.5.
11.9 Subject to any express provisions to the contrary nothing in these terms and conditions is intended to have the effect
of contracting out of any of the provisions of the PPSA.
12. Security and Charge
12.1 In consideration of ecoMaster agreeing to supply the Goods, the Client charges all of its rights, title and interest
(whether joint or several) in any land, realty or other assets capable of being charged, owned by the Client either now
or in the future, to secure the performance by the Client of its obligations under these terms and conditions
(including, but not limited to, the payment of any money).
12.2 The Client indemnifies ecoMaster from and against all ecoMaster’s costs and disbursements including legal costs on
a solicitor and own client basis incurred in exercising ecoMaster’s rights under this clause.
12.3 The Client irrevocably appoints ecoMaster and each director of ecoMaster as the Client’s true and lawful attorney/s
to perform all necessary acts to give effect to the provisions of this clause 12 including, but not limited to, signing any
document on the Client’s behalf.
13. Defects, Warranties and Returns, Competition and Consumer Act 2010 (CCA)
13.1 The Client must inspect the Goods on Delivery and must within five (5) business days of such time notify ecoMaster
in writing of any evident defect/damage, shortage in quantity, or failure to comply with the description or quote. The
Client must notify any other alleged defect in the Goods as soon as reasonably possible after any such defect
becomes evident. Upon such notification the Client must allow ecoMaster to inspect the Goods.
13.2 Under applicable State, Territory and Commonwealth Law (including, without limitation the CCA), certain statutory
implied guarantees and warranties (including, without limitation the statutory guarantees under the CCA) may be
implied into these terms and conditions (Non-Excluded Guarantees).
13.3 ecoMaster acknowledges that nothing in these terms and conditions purports to modify or exclude the Non-Excluded
Guarantees.
13.4 Except as expressly set out in these terms and conditions or in respect of the Non-Excluded Guarantees, ecoMaster
makes no warranties or other representations under these terms and conditions including but not limited to the
quality or suitability of the Goods. ecoMaster’s liability in respect of these warranties is limited to the fullest extent
permitted by law.
13.5 If the Client is a consumer within the meaning of the CCA, ecoMaster’s liability is limited to the extent permitted by
section 64A of Schedule 2.
13.6 If ecoMaster is required to replace the Goods under this clause or the CCA, but is unable to do so, ecoMaster may
refund any money the Client has paid for the Goods.
13.7 If the Client is not a consumer within the meaning of the CCA, ecoMaster’s liability for any defect or damage in the
Goods is:
(a) limited to the value of any express warranty or warranty card provided to the Client by ecoMaster at ecoMaster’s
sole discretion;
(b) limited to any warranty to which ecoMaster is entitled, if ecoMaster did not manufacture the Goods;
(c) otherwise negated absolutely.
13.8 Subject to this clause 13, returns will only be accepted provided that:
(a) the Client has complied with the provisions of clause 13.1; and
(b) ecoMaster has agreed that the Goods are defective; and
(c) the Goods are returned within a reasonable time at the Client’s cost (if that cost is not significant); and
(d) the Goods are returned in as close a condition to that in which they were delivered as is possible.
13.9 Notwithstanding clauses 13.1 to 13.8 but subject to the CCA, ecoMaster shall not be liable for any defect or damage
which may be caused or partly caused by or arise as a result of:
(a) the Client failing to properly maintain or store any Goods;
(b) the Client using the Goods for any purpose other than that for which they were designed;
(c) the Client continuing the use of any Goods after any defect became apparent or should have become apparent to
a reasonably prudent operator or user;
ecoMaster Pty Ltd – Terms & Conditions of Trade
© Copyright – EC Credit Control 1999 - 2014
(d) the Client failing to follow any instructions or guidelines provided by ecoMaster;
(e) fair wear and tear, any accident, or a force majeure event
13.10 ecoMaster may in its absolute discretion accept non-defective Goods for return in which case ecoMaster may require
the Client to pay handling fees of up to twenty-five percent (25%) of the value of the returned Goods plus any freight
costs.
13.11 Notwithstanding anything contained in this clause if ecoMaster is required by a law to accept a return then ecoMaster
will only accept a return on the conditions imposed by that law.
14. Intellectual Property
14.1 ecoMaster owns (and this agreement does not transfer ownership of) all intellectual property rights (including, without
limitation, copyright, trademarks registered designs, patents and know-how in, or in connection with, or relating to,
the Goods.
14.2 The Client shall not alter, remove, or in any way tamper with, any of the trademarks or other marks or numbers of
ecoMaster. Any software supplied by ecoMaster may be used by the Client only on the equipment configuration
specified in ecoMaster’s quotation.
14.3 The Client agrees that ecoMaster may (at no cost) use for the purposes of marketing or entry into any competition,
any documents, designs, drawings or digital media of, or relating to, the Goods which ecoMaster has supplied to the
Client.
14.4 The Client warrants that all specifications or instructions given to ecoMaster will not cause ecoMaster to infringe any
patent, registered design or trademark in the execution of the Client’s order and the Client agrees to indemnify
ecoMaster against any action taken by a third party against ecoMaster in respect of any such infringement.
15. Default and Consequences of Default
15.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment,
at a rate of two and a half percent (2.5%) per calendar month (and at ecoMaster’s sole discretion such interest shall
compound monthly at such a rate) after as well as before any judgment.
15.2 If the Client owes ecoMaster any money the Client shall indemnify ecoMaster from and against all costs and
disbursements incurred by ecoMaster in recovering the debt (including but not limited to internal administration fees,
legal costs on a solicitor and own client basis, ecoMaster’s Contract default fees, and bank dishonour fees).
15.3 Without prejudice to any other remedies ecoMaster may have, if at any time the Client is in breach of any obligation
(including those relating to payment) under these terms and conditions ecoMaster may suspend or terminate the
supply of Goods to the Client. ecoMaster will not be liable to the Client for any loss or damage the Client suffers
because ecoMaster has exercised its rights under this clause.
15.4 Without prejudice to ecoMaster’s other remedies at law ecoMaster shall be entitled to cancel all or any part of any
order of the Client which remains unfulfilled and all amounts owing to ecoMaster shall, whether or not due for
payment, become immediately payable if:
(a) any money payable to ecoMaster becomes overdue, or in ecoMaster’s opinion the Client will be unable to make a
payment when it falls due;
(b) the Client becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement
with creditors, or makes an assignment for the benefit of its creditors; or
(c) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or
any asset of the Client.
16. Cancellation
16.1 ecoMaster may cancel any contract to which these terms and conditions apply or cancel delivery of Goods at any
time before the Goods are delivered by giving written notice to the Client. On giving such notice ecoMaster shall
repay to the Client any money paid by the Client for the Goods. ecoMaster shall not be liable for any loss or damage
whatsoever arising from such cancellation.
16.2 In the event that the Client cancels Delivery, the Client shall be liable for any and all loss incurred (whether direct or
indirect) by ecoMaster as a direct result of the cancellation (including, but not limited to, any loss of profits).
16.3 Cancellation of orders for Goods made to the Client’s specifications, or for non-stocklist items, will definitely not be
accepted once production has commenced, or an order has been placed.
17. Privacy Act 1988
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17.1 The Client acknowledges that information collected by ecoMaster from the Client may be used and accessed in
accordance with this clause 17 and ecoMaster’s privacy policy; a copy of which is available at
www.ecoMaster.com.au. .
17.2 The Client agrees for ecoMaster to obtain from a credit reporting body (CRB) a credit report containing personal
credit information (e.g. name, address, D.O.B, occupation, previous credit applications, credit history) about the
Client in relation to credit provided by ecoMaster.
17.3 The Client agrees that ecoMaster may exchange information about the Client with those credit providers and with
related body corporates for the following purposes:
(a) to assess an application by the Client; and/or
(b) to notify other credit providers of a default by the Client; and/or
(c) to exchange information with other credit providers as to the status of this credit account, where the Client is in
default with other credit providers; and/or
(d) to assess the creditworthiness of the Client including the Client’s repayment history in the preceding two years.
17.4 The Client consents to ecoMaster being given a consumer credit report to collect overdue payment on commercial
credit.
17.5 The Client agrees that personal credit information provided may be used and retained by ecoMaster for the following
purposes (and for other agreed purposes or required by):
(a) the provision of Goods; and/or
(b) analysing, verifying and/or checking the Client’s credit, payment and/or status in relation to the provision of
Goods; and/or
(c) processing of any payment instructions, direct debit facilities and/or credit facilities requested by the Client; and/or
(d) enabling the collection of amounts outstanding in relation to the Goods.
17.6 ecoMaster may give information about the Client to a CRB for the following purposes:
(a) to obtain a consumer credit report;
(b) to allow the CRB to create or maintain a credit information file about the Client including credit history.
17.7 The information given to the CRB may include:
(a) personal information as outlined in 17.2 above;
(b) name of the credit provider and that ecoMaster is a current credit provider to the Client;
(c) whether the credit provider is a licensee;
(d) type of consumer credit;
(e) details concerning the Client’s application for credit or commercial credit (e.g. date of commencement/termination
of the credit account and the amount requested);
(f) advice of consumer credit defaults, overdue accounts, loan repayments or outstanding monies which are
overdue by more than sixty (60) days and for which written notice for request of payment has been made and
debt recovery action commenced or alternatively that the Client no longer has any overdue accounts and
ecoMaster has been paid or otherwise discharged and all details surrounding that discharge(e.g. dates of
payments);
(g) information that, in the opinion of ecoMaster, the Client has committed a serious credit infringement;
(h) advice that the amount of the Client’s overdue payment is equal to or more than one hundred and fifty dollars
($150).
17.8 The Client shall have the right to request (by e-mail) from ecoMaster:
(a) a copy of the information about the Client retained by ecoMaster and the right to request that ecoMaster correct
any incorrect information; and
(b) that ecoMaster does not disclose any personal information about the Client for the purpose of direct marketing.
17.9 ecoMaster will destroy personal information upon the Client’s request (by e-mail) or if it is no longer required unless it
is required in order to fulfil the obligations of this agreement or is required to be maintained and/or stored in
accordance with the law.
17.10 The Client can make a privacy complaint by contacting ecoMaster via e-mail or through ecoMaster’s website at
www.ecoMaster.com.au. ecoMaster will respond to that complaint within seven (7) days of receipt and will take all
reasonable steps to make a decision as to the complaint within thirty (30) days of receipt of the complaint. In the
event that the Client is not satisfied with the resolution provided, the Client can make a complaint to the Information
Commissioner at www.oaic.gov.au.
18. Force Majeure
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18.1 Where ecoMaster or the Client is either wholly or in part is unable by reason of, an Act of God, strike, lockout, or
other interference with work, war, blockade, disturbance, lightning, fire, earthquake, storm, flood, explosion,
governmental restraint or embargo, unavailability or delay in availability of Goods, or transport, inability or delay in
obtaining government approvals, or any other cause which is not reasonably within the control of the affected party
(i.e. a force majeure event), to carry out any obligation under this agreement and that party:
(a) gives the other party prompt notice of that force majeure with full particulars of the probable extent to which it will
be unable to perform, or be delayed in performing its obligations under this agreement; and
(b) uses all possible diligence to remove that force majeure as soon as possible; then
those obligations shall be suspended so far as it is affecte\d by the force majeure event and during its continuance
provided that;
(a) an obligation to pay money is never excused by force majeure; and
(b) the requirement that any force majeure event shall be removed with all possible diligence shall not require the
settlement of strikes, lockouts, or other labour disputes, or claims or demands by any government, on terms
contrary to the wishes of the party affected.
19. General
19.1 The failure by ecoMaster to enforce any provision of these terms and conditions shall not be treated as a waiver of
that provision, nor shall it affect ecoMaster’s right to subsequently enforce that provision. If any provision of these
terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability
of the remaining provisions shall not be affected, prejudiced or impaired.
19.2 These terms and conditions and any contract to which they apply shall be governed by the laws of Victoria, the state
in which ecoMaster has its principal place of business, and are subject to the jurisdiction of the Courts in that state.
19.3 Subject to clause 13, ecoMaster shall be under no liability whatsoever to the Client for (and the Client indemnifies
ecoMaster against) any indirect/incidental and/or consequential loss or damages, expense (including loss of profit,
costs of business interruption), loss of opportunities, personal injury, or any like claims, suffered by the Client arising
from any use of, or incidental to, a force majeure event, or their failure to operate, arising out of ecoMaster’s
negligence or breach of these terms and conditions (alternatively ecoMaster’s liability shall be limited to damages
which under no circumstances shall exceed the Price).
19.4 The Client shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to
the Client by ecoMaster nor to withhold payment of any invoice because part of that invoice is in dispute.
19.5 ecoMaster may license or sub-contract all or any part of its rights and obligations without the Client’s consent.
19.6 The Client agrees that ecoMaster may amend these terms and conditions at any time. If ecoMaster makes a change
to these terms and conditions, then that change will take effect from the date on which ecoMaster notifies the Client
of such change. The Client will be taken to have accepted such changes if the Client makes a further request for
ecoMaster to provide Goods to the Client.
19.7 The Client warrants that it has the power to enter into this agreement and has obtained all necessary authorisations
to allow it to do so, it is not insolvent and that this agreement creates binding and valid legal obligations on it.
19.8 The Client acknowledges that the provision of the United Nations Convention on contracts for the International Sale
of Goods is expressly excluded to the supply of Goods by ecoMaster to the Client.