Delivery Terms and Conditions

In these Terms and Conditions:
“you” and “your” shall mean the Sole Trader, Partnership, Company to whom the Goods are supplied; “we”, “our” and “us” shall mean EC Carpets Pty Ltd A.C.N. 633 900 795 trading as EC Carpets; “Goods” shall mean any carpets or carpet related products or any items whatsoever supplied by us to you; “PPSA” means the Personal Property Securities Act 2009 (Cth); “PPS register” means the Personal Property Securities Register; “purchase money security interest”, “registration commencement time”, “security interest”; and “verification statement” all have the meanings given by the PPSA.

1. Goods are not supplied on a sale or return basis. Subject to these terms and conditions, once we accept your order, you are obliged to take the Goods although property is yet to pass.

2. Requests to return goods for any reason not related to the quality of the goods will be considered at EC Carpets’ discretion, subject to the provisions of clause 12.

3. You will be responsible for any loss, damage or deterioration to goods once they leave our place of business – that is, they will then be at your risk. You may wish to get insurance to cover this.

4. You have to pay for Goods within 30 days of supply. You must pay any goods and services tax which we pay on the goods.

5. However, payment will become due immediately if:

  1. You commit any act of bankruptcy
  2. A meeting of your creditors is called
  3. A mortgagee or mortgagee’s agent takes possession of any of your assets
  4. A receiver of any of your assets is appointed
  5. A petition to liquidate you is issued or
  6. You otherwise come under any other form of external administration provided for in the Corporations Act 2001.

6. Until an overdue payment is paid, you have to pay interest on it at 1.0% per month.

7. You must pay us any costs (including debt collector’s commission and all legal costs on a full indemnity basis) we incur to recover (or attempt to recover) any overdue payment.

8. Retention of Title and PPSA

a.) Whilst the risk in the Goods passes on delivery, legal and equitable title in the Goods will not pass to you until payment in full for all debts accrued or owed by you to us has been received by us in cleared funds.

b.) Until we receive payment for the Goods in full, we reserve the following rights

    • the legal and equitable ownership of the Goods;
    • the right to enter upon your premises and retake possession of the Goods;
    • the right to keep or resell any Goods so repossessed; and
    • any other rights we may have at law or under the PPSA.

c.) Until we receive payment for the Goods in full, you acknowledge that we have a purchase money security interest which attaches over the Goods and their proceeds and a security interest in relation to other amounts owed by you to us.

d.) For the avoidance of doubt, we may register our purchase money security interest and security interest on the PPS register established by the PPSA and, where necessary, amend the registration.

e.) You undertake to do anything (such as obtaining consents, signing and producing documents, producing receipts and getting documents completed and signed) which we ask and consider necessary for the purposes of:

    • ensuring that a security interest created under this agreement is enforceable, perfected and otherwise effective;
    • enabling us to apply for any registration, or give any notification, in connection with a security interest created under this agreement so that the security interest has the priority required by us, including anything we ask you to do in connection with the PPSA.

f.) You must not grant any other person a security interest over the Goods or their proceeds.

g.) To the extent permitted by law, if the PPSA applies, you irrevocably waive any rights you may have to:

    • receive notices or statements under sections 95, 121(4), 125, 130, 132(3)(d), 132(4) and 135 of the PPSA;
    • Redeem the Goods under section 142 of the PPSA;
    • Reinstate the contract under section 143 of the PPSA;
    • Receive a verification statement as defined in the PPSA.

h.) Nothing in this clause 8 prevents us from taking action against you for the purchase price of the Goods.

i.) Until title in the Goods passes to you, and without prejudice to our rights under the PPSA;

    • you may use the Goods with or in other items on condition that the final commodity will be our property as a security for full payment for the Goods;
    • until you use or sell the Goods, you must store them separately so that they are clearly identifiable as our property;
    • you may sell the Goods in the ordinary course of your business on the following conditions:
    • you make the sale as our agent and bailee;
    • any proceeds of sale received by you are held by you on trust for us to the extent that the proceeds of sale relate to the Goods which are incorporated into the final commodity or item;
    • you must keep our proportion of the proceeds of sale separately and so that they are clearly identifiable as ours;
    • if you have not received the proceeds of sale, you will, if we require, transfer to us your rights in respect of the sale price.

j.) In addition to being liable to pay all our enforcement expenses as set out in clause 7 you agree to be liable for our costs of our registration of a purchase money security interest and security interest on the PPS register.

9. Claims:

a.) You must thoroughly inspect the Goods before you cut them. You must notify us of visible defects within two days of you becoming aware of them.

b.) You must inspect and examine the Goods and provide an adequate report to us before making a complaint.

c.) We will not accept a replacement of the Goods:

    • Where the Goods have been laid with visible defects;
    • Where you have failed to notify us of visible defects in the Goods before laying the Goods;
    • On goods from which a cut has been made, or in any event, beyond 28 days of the date of delivery of the Goods;
    • For pile crushing of the Goods;
    • Where the Goods have not been adequately maintained;
    • Where Goods of different dye lots have been laid;
    • On seconds, roll ends, broken cartons or other clearance lines of the Goods;
    • For shading or watermarking on cut pile Goods;
    • For any variation from sample including but not limited to colour, weight, texture, etc that is within normal commercial tolerance;
    • Where you have sold the Goods for a situation that is not suitable for the Goods;
    • Where the Goods have been treated (other than by us) with any agent or substance including but not limited to anti soiling or flame proofing Goods;
    • Where the Goods have not been installed in accordance with Australian Standard 2455-2007;
    • Where the Goods have faded or changed character when exposed to direct sunlight for a period beyond accepted industry standards.

d.) We are not responsible for any loss of trade or profit or consequential loss. If we accept a claim, our liability is limited to any one or more of the following at our absolute discretion: 

    • The replacement of the Goods;
    • The supply of equivalent Goods;
    • The repair of the Goods;
    • The payment of the cost of replacing the Goods; or
    • The payment of having the Goods repaired.

e.) When we replace Goods more than twelve months old, we will deduct a usage factor of 20% per year.

f.) We will not accept a claim:

    • That we delivered Goods to you in a wet condition unless you notify us in writing of the wet condition within 5 days of the delivery date. You must hold wet Goods at the delivery point until we advise you further.
    • For lost or damaged Goods unless you notify us in writing within 10 days of the actual or expected delivery date.
    • For lost or damaged Goods where the loss or damage is caused by on-forwarding carrier or after the point where property and risk passes to you.
    • For damaged or defective Goods or cut lengths which have been dispatched and invoiced unless the Goods are returned. Any agreement to accept any return of goods must be in writing and signed on our behalf.

10. Please note that where a futile delivery fee is charged by a transport provider and the customer is at fault, a $50 + GST fee will be invoiced to the customer.

11. You cannot refuse to accept delivery except where delay of an unreasonable length has occurred due to circumstances within our control. Without limitation, the following circumstances are not within our control: Acts of God, war, riots, civil commotions, strikes, lock-outs, trade disputes (provided that we are not required to settle strikes or lock-outs or other labour difficulties on terms contrary to our wishes), fires, breakdowns, interruptions of transport, Government action and delay in delivery by any of our suppliers.

12. We reserve the right to raise a re-stocking fee if, after ordering Goods you cancel the order or return the goods for any reason not related to the quality of the Goods. If you seek a credit we may grant it at our discretion. You will be responsible for all freight costs in returning the Goods to EC Carpets’ closest warehouse.

13. Clerical errors will be subject to our correction.

14. Please note that our order cut off time is 3:00 PM ACDT. Any orders after this time will be processed the following business day.

15. Any previous dealings will not affect these terms and conditions or be deemed to do so nor will any term or condition set out in your order forms or other documentation.

16. If there is more than one of you, each of you is jointly and severally bound by these terms and conditions.

17. The law of South Australia governs these terms and conditions and any legal action relating to them must be brought in South Australian Courts.

18. Each transaction is to be on the above terms and conditions. We are not bound by any change to the terms and conditions unless it is in writing signed by us.