Terms and Conditions (“Terms”)

Last updated: 11/01/2019

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before

using http://www.ecoausliners.com.au, (the “Service”) operated by Eco Aus Liners (“us”, “we,” or “our”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms.

If you disagree with any part of the terms, then you may not access the Service.

These terms and conditions must be read in conjunction with any other applicable terms and conditions governing the use of this site.

Purchases

All prices are in Australian dollars (AUD) and are exclusive of GST. We endeavour to ensure that our price list is current and we reserve the right to amend our prices at any time. If you have placed an order, we undertake to fulfil your order at the price listed at the time you ordered

Registration and ordering

If you register with us, you must ensure that your registration details are true and accurate at all times. You must update your registration details when they change.

You may order goods and services described on this web site for the price specified.

We strive to ensure that our products are described as accurately as possible on our website, however we do not warrant that the description is accurate. Where we become aware of any mis-description, we reserve the right to correct any error or omission. Images have been provided for illustrative purposes only and we do not guarantee that any image will reproduce in true colour, or that any given image will reflect or portray the full design or options relating to this product.
We may reject any order in our absolute discretion and for any reason whatsoever. If we reject your order we will use our best endeavours to notify you within seven days of us rejecting the order and refund any money that you have paid for the rejected order.
We give no undertaking as to the availability of products or services offered on this site.
Title in any goods purchased does not pass to you until payment has been received. Risk of loss or damage to goods passes to you upon dispatch.

Goods and Services Tax

Unless otherwise specifically stated, all amounts payable under these Terms are expressed on a GST exclusive basis.

Dispatch of orders

Orders are normally dispatched within 1-3 business days of Order Confirmation, subject to all ordered items being in stock. Should any item on your order not be available you will be notified by email.

International Customers

If you are wishing to purchase outside of Australia, please email us at info@ecoausliners.com.au for a quote on postage and insurance.

Return of Goods

Any claim for non-delivery, shortage in supply, damage occurring during the course of delivery, or for rejects by the Customer, must be emailed to the Client Services Manager at info@ecoausliners.com.au within 48 hours of the Customer receiving the goods.
The costs to return the goods are incurred by the customer. We suggest the use of Registered Post or Express Post for returning items to enable tracking of the parcel.
Eco Aus Liners will not be held liable for any merchandise lost in transit and recommends all returns are sent via Registered Mail.
All goods returned will not be considered for warranty replacement or credit refund until they are processed and accepted by the Supplier.
Acceptance of goods will not necessarily entitle the Customer to a credit. A refund of replacement of the goods will be processed once the merchandise has been received and quality checked

Disclaimer and Warranty

We disclaim all responsibility and all liability (including without limitation, liability in negligence) for all expenses, losses, damages and costs you or any other person might incur as a direct or indirect result of your use of this site or any linked web site.
Any warranty, condition, description or representation whether express or implied as to the description, state, quality, merchantability or fitness of the goods for the purpose for which they are provided is hereby excluded to the extent that Commonwealth, State and Territorial laws permit.
To the full extent permitted by law, you release, discharge and indemnify us and each of our officers and employees in respect of any and all liability for any injury, loss, cost, charge, expense or damage suffered by us or our officers and employees arising directly or indirectly from your use of this web site or any linked web site.
To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is hereby excluded. If the Trade Practices Act or any other legislation implies a condition or warranty into this agreement in respect of goods supplied, and the Supplier’s liability for breach of that condition or warranty may not be excluded but may be limited, the Supplier’s liability for any breach of that condition or warranty is limited to the Supplier doing any of the following (at its election):
In the case of goods, any one of the following as determined by the Supplier:

  1. The replacement of the goods or the supply of equivalent goods:
  2. The repair of the goods;
  3. The payment of the cost of replacing the goods or of acquiring equivalent goods; or
  4. The payment of the cost of having the goods repaired.

In the case of services, any one of the following as determined by the Supplier:

  1.  The supply of the services again; or
  2. The payment of the cost of having the Supplier’s services supplied again.

Subject to the clauses above, the Customer does not have under any circumstances any cause of action against or right to claim or recover from the Supplier for, or in respect of, any loss or damage of any kind whatsoever, caused directly or indirectly by:

  1.  Any breach of these terms; or
  2. Any fact, matter or thing relating to the goods; or
  3. Any error (whether negligent or in breach of contract or not) in information supplied to the Customer or a user before or after the date of the Customer’s or user’s use of the goods; or
  4. Any defect in material or workmanship of, or any other defect whatsoever in, or unsuitability for, any purpose of the goods or any part of the goods; or

By default, or negligence on the part of the Supplier or of any employee, contractor or agent of the Supplier or of any person for whom the Supplier has legal responsibility relating to the supply or performance of or otherwise concerning the goods or any part of the goods.

Force Majeure

If by any reason of any fact, circumstance, matter or thing, including but not limited to industrial disputes, default of suppliers, compliance with governmental order or request, sabotage, rebellion, fires, flood, breakdown of plant and machinery, beyond the reasonable control of the Supplier or the Customer either is unable to perform in whole or in part any obligation under this agreement that party is relieved of that obligation under this agreement to the extent and for the period that it is so unable to perform and is not liable to the other party to this agreement in respect of such inability.
Any delays in or failure of performance of either the Customer or Supplier shall not constitute default under this agreement of give rise to any claim for damages

Indemnity

The Customer shall indemnify and keep indemnified the Supplier and any of its subsidiaries, affiliates, directors, officers, agents, employees, authorized representatives and consultants, against all and every claim, demand, action, suite, cost (including any solicitor costs calculated on an indemnity basis), loss or proceeding of whatsoever nature and however they shall be brought by any third party or on behalf of any third party including any solicitor’s costs calculated on an indemnity basis arising out of or incidental to the carrying out of the carrying out, completion or execution of the services for any reason or by any act or omission or fault or negligence by the Supplier or any of its suppliers, subcontractors, consultants or any other person acting on or purporting to be acting by the Supplier’s direction or control or on behalf of the Supplier.
This indemnity shall specifically extend to and include an indemnity by the Customer to the Supplier for damage to property and injury to or death of any third party including any person who is employed by or acting under the direction or control of the Customer.
Termination
We reserve the right to suspend or terminate your registration at any time if you breach these website terms and conditions of use.
Access to this web site may be terminated at any time by us without notice. Our disclaimer will nevertheless survive any such termination.
Specific warnings
The materials presented on this website are distributed by us as an information source only. Whilst we have taken all due care in providing the information on our website, we do not provide any warranty either express or implied including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose. We make no statement, representation, or warranty about the quality, accuracy, context, completeness, availability or suitability for any purpose of, and you should not rely on, any information contained in this website.
While we take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, we make no warranties that the information on this site is free of infection by computer viruses or other contamination. We are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.
We make no warranty that goods or services acquired from us over this web site will meet your requirements.
To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.
Whilst we strive to protect your information, we do not warrant and cannot ensure the security of information which you transmit to us. You transmit information to us at your own risk.
Intellectual property
The copyright to all content on this website including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials.
Linked web sites
This web site may contain links to other web sites (“linked web sites”). Those links are provided for convenience only and may not remain current or be maintained.
We are not responsible for the content or privacy practices associated with linked web sites.
Our links with linked web sites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked web sites, or of any information, graphics, materials, products or services referred to or contained on those linked web sites, unless and to the extent stipulated to the contrary.
Privacy
If you give us personal information about another person, you warrant that you have that person’s express consent for us to record and use their personal information.
We will comply with our privacy policy which is available on this web site.
Governing Law
These website terms and conditions of use are governed by and construed in accordance with the laws of Queensland and you agree to submit to the nonexclusive jurisdiction of the courts of Queensland.
General
We may amend these terms and conditions from time to time. Amendments will be effective immediately upon publication on this web site. Your continued use of the web site following such publication will represent an agreement by you to be bound by the terms and conditions as amended.
We accept no liability for any failure to comply with these terms and conditions where such failure is due to circumstance beyond our reasonable control.
If we waive any rights available to us under these terms and conditions on one occasion, this does not mean that those rights will be waived on any other occasion.
If any of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force. To Return web site
To return to the web site, click here. By doing so, you acknowledge that you have read, understood and accept the above terms of use.

Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 (change this) days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
Contact Us
If you have any questions about these Terms, please contact us at info@ecoausliners.com.au