1. Prices:
Prices are subject to change without notice. Deliveries will be made at current prices at time of despatch unless specified otherwise .

2. Returns:
Claims for faulty product will not be considered unless made in writing within seven (7) days of date of despatch. Claims for faulty products will not be accepted once product has been laid. No returns are accepted arising from over-ordering.

3. Payment:
Payment must be made in full prior to delivery, unless credit arrangements have been made. Where Enviro-Pave Australia Pty Ltd agrees to give credit to the purchaser of goods or services, payment must be made in accordance with the credit arrangements as agreed by Enviro-Pave Australia Pty Ltd. If payment is made by cheque, payment will not be deemed to have been made until the cheque has been cleared by the bank on which it is drawn. If Enviro-Pave Australia Pty Ltd’s credit terms are breached in any way, Enviro-Pave Australia Pty Ltd reserves the right to withhold supply, terminate agreements in relation to undelivered goods or services, terminate all credit facilities and institute legal action for recovery of outstanding amounts and costs incurred. The purchaser agrees to pay to Enviro-Pave Australia Pty Ltd on demand all costs and expenses, including legal costs on a solicitor/client basis incurred by Enviro-Pave Australia Pty Ltd in the collection of any overdue amount or in the recovery of goods.

4. Title and Risk:
Title in the products shall not pass to the customer until payment in full for the products together with any interest or associated costs have been received by Enviro-Pave Australia Pty Ltd. If payment is overdue in whole or in part, Enviro-Pave Australia Pty Ltd may recover or recall the products and may enter upon premises where they are reasonable thought to be stores and may repossess the products. Risk will pass to the purchaser on delivery. Until such time as all amounts due to Enviro-Pave Australia Pty Ltd by the purchaser are paid in full, the relationship between the parties will be fiduciary and the purchaser will hold all goods delivered as bailee for Enviro-Pave Australia Pty Ltd and will deliver them up to Enviro-Pave Australia Pty Ltd when required. The purchaser must not deal with the goods contrary to these terms and conditions of sale. The purchaser will at all times store any goods supplied by Enviro-Pave Australia Pty Ltd which have not been paid for in such a manner that they are clearly identifiable as being the property of Enviro-Pave Australia Pty Ltd. In any event, the purchaser must keep records of any of Enviro-Pave Australia Pty Ltd’s goods in the possession of the purchaser, including but not limited to serial numbers (if any). The purchaser must keep sufficient records or employ appropriate practices so as to enable Enviro-Pave Australia Pty Ltd to identify its property. If for any reason Enviro-Pave Australia Pty Ltd’s goods cannot be clearly identified the parties agree that the purchaser will be deemed to have disposed of goods not the property of Enviro-Pave Australia Pty Ltd first.

5. Termination of Credit:
If any of the following events occur, all agreements as to the grant of credit by Enviro-Pave Australia Pty Ltd (if any) to the customer will automatically terminate. All amounts outstanding will be immediately due and payable by the customer, the customer’s right to possession of all goods supplied by Enviro-Pave Australia Pty Ltd will cease and Enviro-Pave Australia Pty Ltd will be entitled to recover possession of all goods supplied:

5.1 the customer commits any act of bankruptcy, or compounds or makes any arrangements with its creditors, or executes a bill of sale over its goods or any of them, or if any execution or distress is levied on the goods of the customer;

5.2 The customer, being a company, is wound up either compulsorily or voluntarily or a receiver of its assets is appointed; or

5.3 The customer fails to pay all amounts due to Enviro-Pave Australia Pty Ltd in accordance with these terms and conditions of sale and the terms of the credit arrangement. The customer will indemnify and keep indemnified Enviro-Pave Australia Pty Ltd against all losses, claims, costs, demands and expenses howsoever arising which Enviro-Pave Australia Pty Ltd may sustain or incur during the course of or in any attempt to exercise its rights or should it be prevented for any reason from exercising its rights. If before or after goods are supplied to the purchaser by Enviro-Pave Australia Pty Ltd they or any of them become a constituent or component of another product, Enviro-Pave Australia Pty Ltd will have all legal and beneficial title and interest in such products as if these were goods supplied to the customer by Enviro- Pave Australia Pty Ltd.

6. Samples / Displays:
Any sample products or display is provided to indicate only the general nature of the product. Enviro-Pave Australia Pty Ltd provides no warranty or guarantee that the products supplied shall correspond in colour, texture or blend with any previously supplied sample or viewed display.

7. Warranty of Quality

7.1 Enviro-Pave Australia Pty Ltd will not be bound by or subject to any condition warranty obligation or liability whatsoever in respect to the condition, merchantability or fitness for purpose of goods supplied by Enviro-Pave Australia Pty Ltd save and except for any non-excludable condition warranty obligation or liability which is implied as a matter law.

7.2 Any complaints regarding the quality of goods supplied must be made in writing to Enviro-Pave Australia Pty Ltd within seven (7) days of delivery of the goods. Goods subject to any claims must be preserved intact and available for inspection by Enviro-Pave Australia Pty Ltd. Whether or not goods are inspected by Enviro-Pave Australia Pty Ltd, return of goods to Enviro-Pave Australia Pty Ltd will be at purchaser’s expense, unless Enviro-Pave Australia Pty Ltd has otherwise agreed in writing. Goods being returned to Enviro-Pave Australia Pty Ltd must be in the same order and condition as that in which they were delivered. If Enviro-Pave Australia Pty Ltd is satisfied that the goods are of legally inadequate quality, it may replace the goods or reimburse the purchaser to the extent of the amount originally charged.

7.3 Enviro-Pave Australia Pty Ltd will not in any circumstances be liable for any loss or damage, whether direct or consequential, resulting from the use or application of goods or from further processing of goods whether due to defects in goods or otherwise, even if such loss or damage is the result of the negligence of Enviro-Pave Australia Pty Ltd.

7.4 Where the Trade Practices Act 1974 (Cth) implies conditions or warranties the agreement arising from or incorporating these conditions, the liability of Enviro-Pave Australia Pty Ltd in the event of a breach of such a condition or warranty (other than a condition or warranty implied by the Act) will be limited, subject to the Act, to: in the case of goods, the repair or replacement of the goods, at the option of Enviro-Pave Australia Pty Ltd; and in the case of services, the re-supply of the services.

7.5 All other implied conditions and warranties are hereby excluded to the full extent permitted by law.

8. Ability to Supply:
Every effort will be made to carry out any contract or order placed with Enviro-Pave Australia
Pty Ltd, but no responsibility will be accepted for delays caused by a limited supply of stock.
Enviro-Pave Australia Pty Ltd also reserves the right to deliver by instalments and failure to deliver any instalments shall not place a liability upon Enviro-Pave Australia Pty Ltd.

9. Order Cancellation or Deferment:
No requests to cancel or defer orders will be accepted by Enviro-Pave Australia Pty Ltd unless they are authorised in writing by the Managing Director of Enviro-Pave Australia Pty Ltd or his/her nominee.

10. Deliveries:
Variations of quantities from those shown on delivery notes, must be reported at the time of delivery otherwise no responsibility will be accepted by Enviro-Pave Australia Pty Ltd for such claims. Products delivered to unattended sites shall be the customers responsibility and Enviro-Pave Australia Pty Ltd will not accept claims for shortages. Delivery dates are estimates only and Enviro-Pave Australia Pty Ltd is under no liability for any loss or damage arising if delivery is not made on an agreed date. The delivery records of Enviro-Pave
Australia Pty Ltd are prima facie proof of delivery of the product in good order and in the quantity and of the description ordered.

11. Site Damage:
Enviro-Pave Australia Pty Ltd or it representative will take as much care as possible when delivering product to site. However, Enviro-Pave Australia Pty Ltd will not be responsible for any damage or injuring to persons, creature or property. Please ensure that our drivers have easy access.

12. Delivery Instructions:
Any special delivery instructions will be assessed on site by our sub-contractor delivery driver.
We reserve the right to refuse any delivery instruction that is deemed to be dangerous and or unreasonable. In these cases product will be left on nature strip or any other convenient area at the customers’ responsibility.

13. Roadway / Footpath Soiling
Our delivery sub-contractor may refuse any delivery instruction that may cause soiling to roadways and/or footpaths. In these cases product will be left on any convenient area at customers’ responsibility.

14. “Specials” or “Seconds”:
Where a product is supplied by Enviro-Pave Australia Pty Ltd as a “second” or “special” no warranty is given by Enviro-Pave Australia Pty Ltd. Enviro-Pave Australia Pty Ltd shall not be liable in any way for the performance or use of, or any defect in, such a product.

15. Pallets:
Pallets remain the property of Enviro-Pave Australia Pty Ltd Pty Ltd at all times and will be collected at our convenience. A pallet deposit charge may apply. Deposits refunded by cheque only.

16. Liability Limitation:
The total of any claims defective workmanship, defects as a result of product supplied by Enviro-Pave Australia Pty Ltd or any other losses or damages incurred as a result of any act of omission of Enviro-Pave Australia Pty Ltd is limited to the lesser of the price charged for the product and the amount of loss or damage incurred.

17. Estimate:
Any plan take-off or quantity estimate that Enviro-Pave Australia Pty Ltd provides will be undertaken on the basis that it is an estimate only. Enviro-Pave Australia Pty Ltd shall accept no responsibility or costs which may be incurred by the customer resulting from Enviro-Pave Australia Pty Ltd’s estimate being inaccurate.

18. Variation:
Enviro-Pave Australia Pty Ltd may vary these terms and conditions of sale from time to time by giving notice of such variation to the customer.

19. Law:
South Australian law applies to these terms and conditions of sale.

20. Entire Agreement:
These terms and conditions of sale and nay written quotation given by Enviro-Pave Australia Pty Ltd to the customer comprise the entire agreement between Enviro-Pave Australia Pty Ltd and the customer and, subject to any application law, any warranties, representations, guarantees or other terms or conditions or whatsoever nature not contained in and recorded in these terms and conditions of sale and any written quotation is of no force or effect.

21. Severance:
If any provision of these terms and conditions of sale is invalid and not enforceable in accordance with its terms, all provisions which are self-sustaining and capable of separate enforcement without regard to the v=invalid provisions will be and continue to be valid and enforceable in accordance with their terms.

22. Warrantees and Liability:
Enviro-Pave Australia Pty Ltd will use its best endeavours to comply with its obligations under these terms and conditions of sale. However, Enviro-Pave Australia Pty Ltd will not be liable to the customer for any reason, including for breach of these terms and conditions of sale, unless such breach is serious and deliberate, and in that case, the liability of Enviro Pave Australia Pty Ltd is limited to the price quoted.

23. Goods and Services Tax (GST):
Any price payable for a supply made by Enviro-Pave Australia Pty Ltd under these terms and
conditions of sale will be increased or decreased (as is applicable) by an amount equal to the net effect of any New Tax Systems charges on the cost of the provision of the supply by Enviro-Pave Australia Pty Ltd.

In this clause:
New Tax System changes has the meaning given in section 75AT of the Trades Practices Act
1974 (Cth); and
Supply has the meaning given in section 9-10 of the A New Tax System (Goods and Services
Tax) Act 1999 (Cth).
Terms & Conditions of Sale