Term & condition

TERMS & CONDITIONS

• In these conditions “Ecocare” is the trading name of The Fifth Brother Pty Ltd, “Customer” or “You” refers to the person or company to whom the Products and/orServices are sold or supplied;
• “GST” means the Goods and Services Tax assessable under the GST Law;
• “GST Law” means a New Tax System (Goods and Services Tax) Act 1999, a New Tax System (Goods and Services Tax Transition Act) 1999 and all associated legislation, subordinate legislation and administrative rulings;
• “Products” includes disposable paper straws, packaging items, and production materials; and
• “Supplier” means a supplier of production materials to Ecocare.
• The following are the terms on which Ecocare will supply, and Customers must acquire Products.

1/ ORDERING

1. You may order the Products from Ecocare from time to time by completing, executing, and sending to Ecocare a purchase order (“Order”). An Order can also be placed via telephone/email and the signed proof of delivery will confirm the Order. In placing an Order, the Customer agrees to be bound by these Terms of Supply and agrees that if there is any inconsistency between the Terms of Supply and an Order, the Terms of Supply will govern to the extent of any inconsistency.
2. The supply of Products by Ecocare to You is subject to the Suppliers’ ability to supply sufficient quantities and types of Products to Ecocare.
3. Home / residential Deliveries – Ecocare can only deliver to a private residence on the following terms:
   • You explicitly give Ecocare authority to leave the goods in the safest possible place which you must specify when ordering in case no one is present at the time of delivery. If nothing is specified, then Ecocare will authorize their Shipping Provider to leave it in the best possible place.
   • YEcocare is not responsible for the safety of the Products and both Ecocare and You accept the Shipping Providers’ confirmation as absolute confirmation that the goods have been delivered.
   • Should for any reason, the Shipping Provider not be able to leave it in a safe place and they take it back with them, you will be liable for a redelivery fee as charged by the Shipping Provider.
   • Please note: All paper straws and packaging items are extremely heated/fire-sensitive. These products should not be left outdoors. If you are unable to immediately move these products indoors after delivery we recommend you make alternative arrangements. Ecocare will not accept responsibility should these products be damaged due to heat/fire exposure as a result of them being left unattended.

2/ PAYMENT

1. The purchase price of Products is as set out in Ecocare’s most recent price list, quotation, facsimile, email, or a quotation at the time You order Products from Ecocare. Freight, handling, and insurance costs are in addition to the purchase price and will be shown separately on Ecocare invoices.
2. Ecocare may alter any prices of Products without prior notice to the Customer.
3. Ecocare will invoice You for amounts due at the times specified in the Order, specifying how those amounts are calculated.
4. You must pay each Ecocare invoice in full in advance of delivery unless otherwise agreed to in writing.
5. Ecocare will, in its sole discretion, issue you a credit limit and terms for payment that may differ from the requested terms. You undertake to tradewithin these terms.
6. Ecocare may charge You interest on any overdue amount, calculated daily from the due date until the date of payment, at the interest rate chargedby Westpac Australia to its prime commercial customers on the due date.
7. You must reimburse Ecocare for any expenses and charges incurred by Ecocare in attempting to recover from You any overdue amounts, including without limitation, debt collection, and legal fee
8. a.Cancellation charges If Ecocare becomes liable to pay a Supplier’s cancellation or rescheduling fee due to a Customer cancelling an Order, then Ecocare may recover those fees from the Customer.

3/ STOCK RETURNS FOR CREDIT

01. Products can only be returned to Ecocare for credit within 7 days from the invoice date even if Ecocare is at fault. If Ecocare is not at fault and the customer wishes to return a product, subject to the rest of this clause 4 is adhered to, the customer will:

• Pay the cost of freight of the goods both to them and back to Ecocare at the cost of $5.00 per carton restocking/administration fee if returning for Credit; OR
• Pay the cost of freight of the goods back to Ecocare if returning for credit and then received a replacement item of the same quantity.
• Returned products can only be credited at the value equivalent to the current market value of the products.
• Damaged goods are not eligible for return. Products to be returned must have an identification number (IN) clearly visible on the outside of the package (NOT on the original carton), and the product must be unopened and in a re-sellable condition acceptable by Ecocare.
• Any goods that have been written on or defaced by You or your courier will not be eligible for return.
• Ecocare only accepts complete cartons with no items missing. Ecocare does not accept credit sleeves of products nor individual items.
• Approved product returns must be returned to Ecocare within 3 days of the IN being issued or the goods 
• All returns outside the above conditions are subject to a minimum 25% restocking fee, if and only if Ecocare agrees to accept the return at the sole discretion of Ecocare. Ecocare is under no obligation to accept returns of Products from Customers.

02. Warranty

• Ecocare warrants that all Products supplied are fit for purpose.
• Should any Products not meet the Customer’s requirements for this purpose, then Ecocare will replace the Products at no cost to the Customer or provide the Customer with a full refund at the Customers preference.

03. Risk and title

• Ownership of any products and packaging delivered remains vested in Ecocare until payment of all amounts owing on account for any products supplied, whether past or present, has been paid in full. In the event that any amount is due, owing, and payable Ecocare shall be entitled to enter upon any premises where the products previously supplied by Ecocare are located and remove from such premises and take possession of any such products at invoice value insatisfaction of any and all unpaid amounts which are due, owing and payable at that time by You to Ecocare. There shall be no requirement whatsoever onthe part of Ecocare to identify any specific stock item to any unpaid invoice.

04. Indemnity

• You indemnify Ecocare, its employees, agents, and subcontractors against all losses, damages, expenses and costs (on a full indemnity and solicitor and own client basis and whether incurred by or awarded against any of them) that any of them may sustain or incur as a result, whether directly or indirectly, of any Claim.
• For the purposes of these Terms of Supply, “Claim” means any claim by any third person for loss or damage to any property, injury to or death of any person or economic loss arising out of or relating to any or all of the Products, any delay or failure in supplying the Products and these Terms of Supply.