Terms & Conditions

1. Orders

1. Unless otherwise agreed in writing, every order placed with EDCO shall be subject to these Conditions of Trade. By placing an order or seeking a quotation from EDCO, the Customer agrees to these Conditions of Trade, and acknowledges that all other terms and conditions, including any standard terms and conditions stipulated, incorporated or referred to in the Customer’s order, are merged in and superseded by these Conditions of Trade and are of no effect.

2. Without limiting Clause 1a, these Conditions of Trade are subject to the Competition and Consumer Act 2010 (Cth) incorporating the Australian Consumer Law. Notwithstanding any other provision of these Conditions of Trade: (i) the Goods come with guarantees that cannot be excluded under the Australian Consumer Law; (ii) the Customer is entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage; and (iii) the Customer is also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

3. Orders are subject to approval and acceptance by EDCO. Subject to law, EDCO may in its absolute discretion, refuse to supply goods to the Customer without giving any reason for its decision. The Customer acknowledges that EDCO does not guarantee supply or repeat orders of the same design, quality or price.

4. The Customer in selecting goods for use in any order agrees, undertakes and acknowledges that it does so at its own discretion. Except as required by law, EDCO will not accept any returns or claims if the customer determines that the Goods or any components of the Goods are not suitable for their purpose.

5. Any changes to an order must be in writing

6. The Customer agrees that by placing each order, it represents to EDCO that it is solvent and able to pay all of its debts as and when they fall due

7. The Customer shall at all times comply with EDCO’s minimum invoice policy as may at any time and from time to time apply on such terms as EDCO considers reasonable.

8. When any order is placed the Customer shall inform EDCO of any facts which might reasonably affect any decision to accept the order and/or grant credit.

9. EDCO may increase the current price of the Goods from time to time at its own discretion with prior notice, it being acknowledged that this will not affect then-current orders.

10. The Customer accepts the Goods and the Goods are at the Customer’s risk immediately upon leaving EDCO premises, whether the Goods are delivered by EDCO or by someone other than EDCO or contracted by the Customer. If the Customer wishes to insure against loss or damage to the Goods after they have left EDCO’s premises, it shall be the Customer’s responsibility to do so.

2. Property

1. Title to the Goods will pass to the Customer upon the later of receipt of the Goods by a duly authorised officer of the Customer into the Customer’s nominated warehouse and the Customer’s payment to EDCO of the full purchase price for the Goods.

2. The Customer acknowledges that:

   1. EDCO’s supply and retention of title in the Goods pursuant to these Conditions of Trade give rise to a Security Interest in favour of EDCO being a Purchase Money Security Interest; and

   2. EDCO’s rights and interest in Proceeds from the Goods constitute a Security Interest in such Proceeds.

3. EDCO may register any Security Interest granted or arising under or in respect of these Conditions of Trade on the PPS Register in any manner the EDCO chooses. The Customer must as soon as reasonably practicable provide EDCO with any information it requires for the purposes of effecting such registration.

4. EDCO is not required to give any notice under the PPSA to the Customer or any other person, and the Customer waives the right to receive any such notice (including a notice of verification statement) unless the notice is required by the PPSA and that obligation cannot be excluded.