The Enviro Paper Recycling website and its contents (the "Site")
is owned and operated by Enviro Paper Recycling (“Enviro”), a
registered business in Sydney NSW Australia.
Enviro seeks to provide consumers with an informative and interesting site
full of details about new and current Enviro products and services.
all times Enviro will use its reasonable endeavours to ensure that all
information is accurate. The site will be updated regularly by the Enviro
sales and marketing teams. However Enviro provides no warranties in regard
to the accuracy of the information.
and any of its associated companies will not be liable for any direct,
incidental, consequential, indirect or punitive damages, costs, losses
or liabilities whatsoever arising from use of this site. This disclaimer
includes any damages, losses, costs or liabilities arising from a virus
that is activated as a result of access or use of this site.
Terms & Conditions
terms and conditions (Terms and Conditions) shall apply to any goods
and/or services that we may from time to time sell and/or supply to you.
These Terms and Conditions replace and supersede any previous
proposals, correspondence, understandings or other communications
between us whether written or oral. In these Terms and Conditions “we”
and “our” refers to Enviro Paper Recycling, a business registered in Sydney Australia and “you” and “your”
refers to the person firm or entity on whose behalf our quotation or
purchase order document is acknowledged and/or signed.
1. Formation of a contract
Any contract between you and us shall be in accordance with the
following conditions to the exclusion of all other terms and conditions
(including any terms or conditions which you may purport to apply).
A contract is created on the earlier of (i) our written confirmation of
an order or quotation acceptance; or (ii) our delivery of the goods to
you. Until such time your order or acceptance of our quote shall be
deemed as an offer.
1.3 These conditions are deemed to be accepted
by you unless express written additions or variations are negotiated
which may only be authorised with our written authority.
2.1 Delivery of work to either you or any nominee of yours shall be deemed acceptance that the work has been completed.
The risk in the goods passes to you on delivery but beneficial
ownership remains with us until full payment has been received.
Unless otherwise stated the price quoted is for delivery of the work to
your address as set out in the estimate. A charge may be made to cover
any costs involved for delivery to a different address.
of delivery dates are estimates given in good faith and whilst every
effort will be made to keep to dates given, we cannot accept any
liability for any direct, indirect or consequential loss (all three of
which terms include without limitation loss of profits, pure economic
loss and similar losses) costs, damages, charges or expenses (Liability
2.5 Should work be suspended at your request or be delayed
through any default by you for a period of 14 days or more we shall be
entitled to payment for work already carried out.
3. Title and risk
Ownership of any goods supplied to you shall not pass to you until we
have received in full all sums due in respect of those goods and any
other sums owing on any other account.
3.2 Until ownership has
passed you shall keep all the goods fully insured and shall not sell,
dispose of or part with goods and you shall indemnify us against any
loss or damage thereto howsoever arising. If payment is overdue in whole
or in part we may (without prejudice to any of our other rights)
recover or recall the goods or any of them and may enter upon your
premises for that purpose. These conditions constitute authority by any
third party to enter upon any other premises wheresoever the goods are
situated for the purpose of recovering the goods or any of them. Any
loss sustained by us on such resale as aforesaid shall be added to your
account. If we do not enforce any of the above rights it shall not be
construed as a waiver of any of our other rights hereunder.
property supplied to us or in transit to or from us shall be deemed to
be at your risk and you should insure accordingly. It is your sole
responsibility to ensure that all materials supplied to us are suitable
for the work in hand, we do not accept liability for unsatisfactory
results caused by inferior or unsuitable originals supplied by you.
All quoted prices are valid for 30 days from date of quotation,
provided our current costs of production do not rise in which case the
quotation will be subject to amendment.
4.2 Experimental work or work
carried out at your request will be charged on a time and materials
basis at our then current rates.
4.3 Once a final proof has been
signed by us any further corrections including typing errors,
alterations in style etc. shall be charged to you separately. It is your
responsibility to ensure the proof is correct in every way, and we
accept no liability for any errors you have not corrected.
reserve the right to charge the amount of any taxes, including value
added tax, duties or royalties etc and incidental costs. which are
payable, whether or not included on the estimate or invoice.
Orders accepted by us shall not be cancelled by you either wholly or in
part nor may you suspend deliveries thereunder without our consent in
writing and subject to compliance by you with such reasonable
requirements as to compensation for costs incurred by us.
5.1 Full payment shall be made 7 days from the date of invoice. Time for payment shall be of the essence.
In the event that any payment is not made in full by the end of the
said 7th day and without prejudice to any of our other rights to pursue
any other remedy compound interest at 5% per month will be payable
(before as well as after judgement) on the amount outstanding.
5.3 All payments shall be made without deduction, set off or counterclaim.
5.4 Enviro can cancel your service at any
given time, It is in our discretion whether we continue to offer you our
service or discontinue.
Any query regarding the invoice or the goods supplied must be made to
us in writing within 5 days of the invoice date or delivery date,
whichever is the earliest. Claims outside this limit will not be
entertained. We shall not be liable in respect of any claim unless the
aforementioned requirements have been complied with.
6.2 Our total
liability to you in contract, tort (including negligence) or otherwise
shall be limited to the lesser of either the price of the contract in
question or rectifying any defect. We shall not be liable to you for any
Liability Losses arising out of any contract.
6.3 However, nothing in these conditions shall exclude our liability for death or personal inquiry caused by our negligence.
7. Intellectual property
All artwork and materials used in design and production, printing and
campaign research including electronic files shall remain our exclusive
property until such times as you have paid for them in full. We reserve
the right to use any work carried out on your behalf for our own
promotional purposes at any time.
You shall indemnify and keep us indemnified in respect of any claims,
costs and expenses arising out of any libellous obscene or defamatory
matter or any infringement of copyright, patent, design or any other
proprietary or personal rights contained in any work supplied to you.
The indemnity shall extend to any amounts paid on a lawyer’s advice in
settlement of any claim.
8.2 Due to differences in paper, inks and
equipment and other conditions between proofing and production it is
possible for there to be a slight variation in ink colour and you agree
such a variation will be acceptable.
8.3 We shall be under no
liability if we are unable to carry out any provision of any contract
for any reason beyond our control including (without limits to the
foregoing), an Act of God, legislation, war, fire, flood, drought,
failure of power supply, lockout, strike or other action taken by
employees in contemplation of furtherance of a dispute or owing to any
liability to produce materials required for the performance of any
contract. During the continuance of such a contingency you may give
written notice to us to elect to terminate a contract and pay for work
done and materials used, but subject thereto you shall otherwise accept
delivery when available.
8.4 Any failure by us to enforce at any time any one or more conditions of a contract shall not be a waiver of them.
Any notice given pursuant to any contract shall be in writing and shall
be sufficiently given to any party if sent in a letter by first class
post addressed to that party and any notice so given shall be deemed
unless the contrary is proved to have been effected at the time at which
the letter would be delivered in the ordinary course of post.
8.6 These conditions and all other express terms of any contract shall be governed and construed by Australian law.
8.7 You must read and accept the above terms and conditions if you wish to engage our service.
If you are unsure please seek legal advice.