Terms of Sale
- “Us/we” means Ecrotek Limited.
- “You” means the customer, person, company or other business purchasing goods from Ecrotek.
- “PPSA” means the Personal Property Securities Act 1999.
- These terms of sale apply to the purchase of goods by you from us.
- If there is any conflict between these terms of sale and any other communication between you and us, these terms will prevail unless we have otherwise agreed in writing.
- We reserve the right at any time or from time to time, to amend, vary or add to these terms with effect from the date on which we let you know about any change.
- You must pay us promptly for the goods and in any event no later than the 20th of the month following the issuance of an invoice.
- We may grant credit to you in our sole discretion. Similarly, we may withdraw any credit provided to you at any time in our sole discretion.
- If you do not pay us in full or on time, we may:
- stop supplying goods to you until your account is brought up to date;
- withdraw any credit provided to you;
- charge you interest on all monies at the rate of 12% per annum calculated on a daily basis from the due date for payment until we are paid in full;
- charge you for all of our expenses and legal costs incurred in obtaining payment from you; and
- take back the goods we have supplied to you.
Risk and Ownership
- All risk in the goods supplied passes to you on delivery.
- We retain ownership of the goods until we are paid in full.
- We have a returns policy relating to the goods which is available on our website.
- Our liability for any loss, damage or injury arising from any defect in the goods or any other breach of our obligations to you is limited to 5 times the cost of the goods (less GST) or $1,000, whichever is the greater.
- We will not be liable for any consequential or indirect loss or special damages of any kind.
Personal property securities act 1999
You agree that:
- the terms of our agreement constitute a security agreement for the purpose of Section 36 of the Personal Property Securities Act 1999;
- this means that you grant us a security interest in all of your present and after-acquired goods as supplied by us and in the proceeds of sale under to the PPSA;
- we may register a financing statement in respect of any such security interest on the Personal Property Securities Register and if so, you will pay all of our expenses and legal costs in connection with the registration of a financing statement or financing change statement relating to the security interest created by this agreement or obtaining an order under Section 167 of the PPSA;
- we may not, at our discretion, supply goods until this agreement has been signed by the Customer in accordance with the requirements of Section 36 of the Personal Property Securities Act 1999;
- sections 114(1)(a), 133 and 134 of the PPSA do not apply to this agreement or the security under this agreement;
- you waive your right to receive a copy of the verification statement confirming registration of a financing statement relating to the security interest created by this agreement;
- none of your rights as a debtor under sections 116, 119, 120(2), 121, 125, 126, 127, 129, 131 and 132 apply to this agreement;
- where we have rights in addition to those in Part 9 of the PPSA, those rights will continue to apply;
- you will not change your name without first notifying us of your new name; and
- we may take possession of the goods where you are in breach of our agreement or the goods are at risk (as defined in section 109 of the PPSA) and for that purpose we have the irrevocable right or licence by our agents, servants and employees to enter your premises or any other premises where the goods are situated without being liable in any way to you, and you indemnify us against any claims by any third party for any losses resulting from repossession by us.
Consumer guarantees Act 1993
- Nothing in these terms derogates from the Consumer Guarantees Act 1993 as it applies.