Ecofreen Reseller Terms & Conditions
To the fullest extent legally possible, all dealings between Machines Plus Pty Ltd ABN: 38 603 394 494 (“Machines Plus”) and any Purchaser (“Purchaser”) relating to any goods or services for the brand Ecofreen, are subject to the following Terms and Conditions of Trade (“these Terms”) unless otherwise agreed in writing.
General
All orders and deliveries are solely in accordance with these terms and conditions, with which the person placing the order declares themselves to be in agreement at the time of placing the order. This also applies to future transactions, even if there is no express reference to the delivery and payment terms. If the order is placed in a way that departs from our terms and conditions, even then and only our delivery and paymen terms apply, even if we do not contradict them. Thus, departures from the norm only apply if these have been expressly recognised by us in writing.
Pricing
Our offers are not binding with regard to price, quantity and delivery time. Legally binding acceptance of the order only occurs once it has been confirmed by us in writing or electronic mail. No liability is accepted with regard to the currency of published prices. All published prices are given in Australian dollars (AUD). We reserve the right to change prices at any time without prior notice.
Delivery
The Purchaser assumes all costs and risks pertaining to the transportation of the Ecofreen products sold by Machines Plus from the Machines Plus warehouse to the Purchasers specified ‘ship to’ address. Delivery of goods can take anywhere from 3 - 5 working days for goods in stock, or up to 10 weeks for goods out of stock. This may vary depending on size of order and any transport or customs delays. The Purchaser will be advised of estimated delivery time at time of order. Machines Plus has a continuing discretion to allocate available stock and gives no warranty as to certainty of supply unless expressly agreed in writing or electronic mail in advance. Deliveries that are late or that have not been made do not, under any circumstances, constitute grounds for a claim for compensation on the part of the Purchaser. In the event of it being impossible to adhere to estimated delivery times due to force majeure, a breakdown or a delay in delivery from sub-suppliers, then Machines Plus are entitled to extend the delivery deadline by the length of time that prevented us from making deliveries or, optionally, to withdraw from the contract. Machines Plus are entitled to make partial deliveries. Machines Plus will communicate this with the Purchaser to the best of our ability either before or after the sale. The Purchaser may only demand compensation for non-fulillment if Machines Plus has caused the deadline for delivery to exceeded intentionally or through gross negligence. Complaints, if there are any, do not affect the due date for the payment of the purchase price.
Payments
Payments must be made in full and in advance, unless otherwise agreed in writing or via electronic mail. Machines Plus may apply a payment received from the Purchaser to any amounts owed by the Purchaser (including interest, part payment of an invoice, administration, collection and other costs) in any order. Machines Plus is entitled to set-off or deduct any amount payable by Machines Plus to the Purchaser. Machines Plus wholesale prices are in Australian dollars (AUD) and exclude GST (Goods & Services Tax). Machines Plus accepts direct debit and credit card payments as methods of payment for wholesale orders. Details of how to pay can be found on the invoice supplied.
Placement of Orders
If any dispute arises concerning any order (and including any telephone, email or computer generated order) the internal records of Machines Plus will be conclusive evidence of what was ordered. Each order placed shall be deemed to be a representation made by the Purchaser at the time that it is solvent and able to pay all of its debts as and when they fall due. Failure to pay in accordance with these Terms shall be deemed to be conclusive evidence that the Purchaser had no reasonable grounds for making the representation and that the representations were unconscionable, misleading and deceptive. When any order is placed, the Purchaser shall inform Machines Plus of any material facts which would or might reasonably affect the commercial decision by Machines Plus to accept the order and/or grant credit in relation to thereto. Any failure to do so shall create and be deemed to create an inequality of bargaining position shall constitute and be deemed to constitute the taking of an unfair advantage of Machines Plus and to be unconscionable, misleading and deceptive.
Partial Delivery/Forward Orders/Pre-Orders
When placing forward orders, the Purchaser shall receive 25 points on the recommended retail price (“RRP”) of Ecofreen products. When ordering on an as-needed basis, the Purchaser shall receive 12.5 points on the RRP.
If the Purchaser places forward orders or requests partial or instalment delivery, the Purchaser agrees to pay for so much of any order as is from time to time delivered by Machines Plus and that no delay or failure to fulfil any part of any order shall entitle the Purchaser to cancel or vary any order or delay or reduce any payment.
Variations or Cancellations
Once Machines Plus has confirmed an order, a legally binding agreement has been formed and cancellations are not possible. Variation of any order dealing or arrangement must be agreed in writing or by electronic mail.
Default/Withdrawal/Compensation
In the event of a total or partial default in payment on the part of the Purchaser, as well as in those instances where we (in particular, in accordance with the present sales, delivery and payment terms) are entitled to withdraw from the contract, all claims that are still outstanding immediately fall due for payment, irrespective of the date on the invoice of those claims that are outstanding. The same applies analogously in the case of partial deliveries with regard to those deliveries that are still outstanding. In the event of withdrawal by us, we will not charge any fees for returning goods to storage. In the event that the Purchaser does not accept delivery of some or all of the goods ordered, Machines Plus reserves the right to charge a AUD$60.00 restocking fee. Preferential payment terms or discounts, once granted, only become the object of further contracts on the basis of an express agreement.
Ownership of Goods
Until the purchase price (invoice) has been paid in full, the goods remain the property of Machines Plus. In the event of resale/processing, the Purchaser of the goods, which, due to the failure to make payment, are still in the ownership of the vendor, will cede those claims or surrogates resulting from this to Machines Plus. The Purchaser must neither pledge those goods, the ownership of which is retained, nor transfer ownership of them, as security, to third parties until payment is made in full. The Purchaser must inform us immediately in writing of any attempt by third parties to seize those goods, the ownership of which is retained, or those claims that have been ceded. Machines Plus are entitled, at any time, to demand the surrender of those goods belonging to us, if the Purchaser falls behind with a payment or if there is substantial deterioration in his asset position. It is not necessary to withdraw from the contract in order to assert the retention of ownership.
Samples & Display Stock
Samples can be requested but will be charged at the retail price plus postage and handling. Samples or stock purchased for display cannot be returned.
Returns
Returns are subject to our Returns policy.
Warranty for Faults
The Purchaser must inspect the goods immediately following delivery, but at the latest within 2 days. Complaints must be addressed to us immediately in writing or via electric mail (in the case of hidden defects or faults, as soon as they are known about). Goods that are the subject of a complaint must be made available to us, on request, for collection at the place to which they were originally delivered. If the goods have already been forwarded or distributed to the Purchaser’s customer base, we are not liable for any costs for collating the goods that are the subject of the complaint. In the event of a justified complaint, we first of all have the right to rectify the situation and to eliminate the defect(s) or resupply, as we so choose. In the event of the attempt to rectify the situation failing - and only then - will we take the goods back and refund the purchase price. The right to compensation is restricted to wilful intent or gross negligence. We would expressly like to point out that we are unable to take back, as a complaint, goods in an altered state that have not been altered by us.
The warranty period on Ecofreen pretreatment machines is one year. The warranty covers the whole construction of the machine, mechanical parts, electronics, drawer with rails, casing, pumps, electronic valve and pipes. Consumption items such as stainless steel nozzles, seals and filters are excluded from the warranty. Note that rust and any faults deemed to be a result of user error or misuse are also not covered. We ask the Purchaser to encourage all third parties to thoroughly read the user manual to ensure they are using the machine correctly. All warranty repairs are to be first handled by the Purchaser. If the Purchaser is unable to rectify the issue using the spare parts available, you are to contact Machines Plus for further instructions.
There is no warranty on Ecofreen DTF supplies (hot melt powders and transfer films). Please note that these products are designed to be used together. Complaints that arise after using Ecofreen hot melt powder with a third party transfer film or Ecofreen transfer film with a third party powder cannot be supported - our advice will be to use the products to together.
Freight
Machines Plus has negotiated freight rates from the carriers that we currently use. Machines Plus makes no profit on the freight component of the invoice and if the Purchaser is not happy with the freight cost, then the Purchaser is free to choose the carrier of their choice. Freight charges are calculated on the cubic measurement, weight and destination of the order.
Brand Integrity
As a reseller of Ecofreen products, the Purchaser acknowledges and agrees that it will take all reasonable measures to maintain the integrity of the Ecofreen and Machines Plus brands. In no event will Machines Plus be held liable for any legal issues, damages, costs or expenses incurred or arising due to non-compliance of below:
The Purchaser will not wholesale any goods purchased through Machines Plus unless given express written permission to act as a reseller on our behalf. Reseller accounts are subject to agreeing to the Reseller Terms & Conditions. The Purchaser will only be authorised to sell through retail outlet(s) specified in application to Machines Plus. Permission must be sought to sell the goods at other outlets, including any new shops or online stores that you subsequently open. Machines Plus does not allow its products to be sold on Online Auction Sites (such as eBay) or through any other third party site without written permission. The Purchaser will sell the goods in their entire packaging including all existing labels and will not tamper, change or re-label any of the goods without prior written permission.
Default or Breach
Default or breach by the Purchaser of these Terms or in any dealings with Machines Plus will entitle Machines Plus to retain all monies paid, call-up all monies due or owing (whether currently due and owing or not), cease further deliveries and recover from the Purchaser all loss of profits without prejudice to any other of its rights under these Terms or at law.
Machines Plus reserves the right to make changes to these Terms & Conditions at any time and without prior notice.