TERMS AND CONDITIONS

RECITAL
A. The Company, Eco Supply Depot Pty Ltd (herein after called "ESD"), supplies building materials (herein after called "Materials") to the Purchaser or their nominated agent (hereinafter called "Purchaser")
B. The Company, ESD does not design, design and construct, build, install, measure for a particular project or site.
C. ESD does not provide ready made lists for the erection of any structure for the materials provided and the Purchaser has the entire responsibility for the confirmation of the materials provided.

ACCEPTANCE OF QUOTATION OR OFFER
Any quotation made by ESD and accepted by the Purchaser, when confirmed in writing, authorises the Proposal between the Purchaser and ESD.

WHERE IT IS AGREED AND DECLARED AS FOLLOWS:

1.0 Supply of Materials
ESD Agrees to act as a Supplier/Broker to supply and sell to the Purchaser and the Purchaser agrees to purchase ESD's materials and products. and the Purchaser agrees to pay all costs including delivery costs, of all items delivered to the site.

2.0 Ownership of Materials
The ownership of the materials shall not pass to the Purchaser until the full payment for the materials has been received in cleared funds by ESD. If payment has not been received within 90 days of material delivery date, ESD reserves the right to take possession and dispose of the materials as it sees fit. The Purchaser grants permission to ESD to enter property where materials have been supplied in order to do so with such force as may be necessary. 

2.1 Payment for Materials
The Purchaser does not have a trade credit account with ESD and therefore all transactions will be carried out on a "Cash Before Delivery" basis.  An invoice will be sent to the Purchaser outlining payment once order is confirmed by Purchaser.  It is the Purchaser’s responsibility under this agreement to ensure that funds are readily available and that all payments are made promptly.  Invoices that are not fully paid within 7 days of the invoice date will be subject to an accrued interest charge at the rate of 1.5% per month.

3.0 Material Delivery
The Purchaser will be responsible for taking delivery, unloading and storing materials in a secure location on site and preparing a cleared area near the front of the site for the materials to be delivered.  Storage in a safe water protected area on site is the sole responsibility of the Purchaser.

4.0 Defective Materials
In the event of a defect in any materials supplied by ESD, a notification in writing is to be provided to ESD by the Purchaser within 24 hours of delivery. ESD shall arrange for delivery to the site replacement materials within twenty one (21) days of notification.  The Purchaser shall be responsible for organising the re-installation of such replacement materials at the Purchaser's cost.  ESD will not be held liable for any costs or labour fees in relation to the application of any materials.  Materials should be inspected prior to installation as once installed, materials may not be credited.
4.0 Freight & Delivery Charges
The Purchaser will bear all costs for delivery of materials to site.  Delivery charges will vary with each supplier and site location. 

5.0 Performance
In the event of lack of performance by ESD, and the delivery of materials exceeds forty (40) days from the date the Purchaser requests the materials in writing, the Purchaser has the right to rescind the order in writing and not be liable for outstanding materials to be delivered with the exception of delays caused by inclement weather or manufacturers delays.

6.0 Material Liability
ESD will not be held liable for the end use of any material or products supplied and no suggestions for the end use of these materials or products are to be misconstrued as a recommendation or warranty. Any suggested quantities offered by ESD when quoting will not place the company in any position of liability. Where sufficient materials have been delivered to the site by ESD for the project according to the Authorisation but where by poor cutting, theft or mishap, there is not sufficient materials to complete, any extra materials may be supplied at the Purchaser's cost.

7.0 Material Warranties
Materials supplied are bound only by the warranty supplied by the manufacturer (or licensed agent thereof).  ESD does not warrant in any way any materials or product supplied. ESD will, at times, act with and on the Purchaser's behalf and best interests to uphold and maintain these warranties, providing all documentation to the Purchaser, but will not be held liable for any costs should the manufacturer deem materials void of warranty as per their Terms and Conditions.

8.0 Delays
The Purchaser acknowledges that ESD will not be liable for any delay, failure or inability to deliver any materials nor will it be liable for any costs, expenses price rises or installation costs incurred as a consequence of such delay.