Terms and Conditions
The following are our standard Terms and Conditions of Sale
Last updated: 07/05/2020
All Sales and Service by ECO JEMSS Pty Ltd are subject to the following terms:
The acceptance of any quotation or the supply of any products or Services by ECO JEMSS includes acceptance of these Conditions by the Buyer notwithstanding anything to the contrary including any express or implied term in an order from the Buyer.
Validity of Quotation
Unless otherwise specified, all prices are valid for 45 days from date of quotation.
All prices are subject to currency fluctuations, applicable tax or duty changes or price list increases between the date of quotation and date of invoicing.
Additional to the price of the Product, where applicable, the Buyer must pay ECO JEMSS the price of Commissioning and Validation, delivery, steam quality testing, batteries, printer ribbons and printer paper, or any other consumable or expendable items, dismantling and reassembly for pressure vessel inspections (boiler inspections) and travel and accommodation.
ECO JEMSS will deliver the product to the location specified in the order at the standard delivery rates charged by ECO JEMSS. All products quoted “ex stock” are subject to prior sale.
It is the responsibility of the Buyer to contact and arrange with ECO JEMSS a suitable time for all Services to be carried out and to ensure any and all required Products are available at the time of Service.
ECO JEMSS takes no liability for any delays in delivery due to circumstances beyond ECO JEMSS’ control, including, but not limited to: civil disturbances, wars, acts of God, strikes, demarcation disputes, fires and material shortages. ECO JEMSS takes no liability for delays due to the sourcing of unusual parts or project/order specific products/services which may be required.
ECO JEMSS takes no liability for any damage or loss which arises due to any delays in delivery.
Terms of Payment
The Customer must pay the invoiced amount within 30 days of date of invoice, free of any set off, counterclaim or any other deduction. Credit card payments will attract a fee. ECO JEMSS will allocate payments to the outstanding invoices in any manner it chooses if a Remittance Advice is not received detailing payment instructions.
The price of all goods is exclusive of GST except where the price is expressed to be inclusive of GST.
The Customer will pay interest on any overdue amount calculated on a daily basis until paid in full at the rate prescribed by the Penalty Interest Rates Act 1983 (WA) plus 2%.
In the event of late payment the Customer will pay all reasonable expenses incurred to ECO JEMSS Pty Ltd including, but not limited too, debt collection expenses and legal costs (including the costs of any associated litigation and court costs).
Incorrect Delivery, Non-Delivery, Damage or Defect
If upon receipt of your order the goods are damaged, incorrect or there is a shortage against the invoiced quantity, notification must be made within 7 working days. Please quote your invoice number. Should an expected order not arrive, please notify us within 14 days of the order date. Claims made outside of these time frames may not be accepted.
Return of Goods
No attempt should be made to return goods without prior authorisation. Authorisation must be obtained within 14 days of purchase. The company is under no obligation to accept the return of goods outside of the above-mentioned conditions. A 15% restocking fee may be charged and goods must be in a re-saleable condition and packaged in their original packaging and returned at the cost of the customer.
Once your return is received and inspected, your refund will be processed, and a credit will automatically be applied to your original method of payment, within 30 days.
Clearance items may not be refunded.
To return your product, you should mail your product to: 6 Burt Street, Quinns Rocks, Western Australia, AU, 6030. You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund.
The Customer will advise ECO JEMSS in writing, if it changes its name, its structure or officers or management, its registered office, becomes a trustee of any trust or if the constitution of any partnership of which it is a member changes.
Any certificate signed by ECO JEMSS, any director or any person authorised by ECO JEMSS as to the amount due and payable by the Customer or as to the delivery of goods is conclusive evidence of such matters as at the date of any such certificate unless proven wrong.
ECO JEMSS may at any time set off any amount ECO JEMSS owes the Customer against any amount payable by the Customer to ECO JEMSS whether or not the amount owed to ECO JEMSS is due and payable or actually or contingently payable by the Customer.
In the event of supply of equipment and installation of said equipment, ECO JEMSS is not responsible for the supply of external services. External services meaning of water, steam, electricity, venting and drainage. These remain the sole responsibility of the purchaser. EcCO JEMSS is not responsible for the quality of the external services being supplied to the equipment
Any security agreement that arises under the Terms is confidential. Despite this, the Customer agrees the ECO JEMSS may disclose any information concerning it to any interested person under 275(6) of the PPSA.
ECO JEMSS is not liable for any delay or failure to perform any obligation in the Customer’s favour arising as a result of any event beyond ECO JEMSS’ control. These terms are governed by the laws of Western Australia. The Customer submits to the non-exclusive jurisdiction of any Western Australian court and waives any rights to claim that courts there are an inconvenient forum.
Any notice required under the Terms may be given by any party, including any director or authorised person of the party.