EzyUSB Terms and Conditions of Supply
These terms and conditions ("Terms") tell you the Terms on which we supply the
products listed on our website ("Products") to you. You should understand that by
ordering any of our Products, you agree to be bound by these. Terms to the
exclusion of all other terms and conditions.
1 Information About Us
www.ezyusb.com.au ("our website") is a website operated by Marketing Pty Ltd
trading as Ezy Promotional Products ("we, our, us").
2 How the Contract is formed between You and Us
2.1 After placing an order, you may receive an e-mail from us acknowledging that
we have received your order and invoice will be issued. Once your artwork is
received an artwork approval form will be sent to you for approval prior to
production. A pre production sample may also be ordered at this time.
2.2 The Contract will relate only to those Products whose order we have confirmed
in the Invoice. We will not be obliged to supply any other Products which may have
been part of your order until the order of such Products has been confirmed in a
separate Order Confirmation.
2.3 Any quotation is valid for a period of seven (7) days only from its date, unless
3.1 The quantity and description of the Products shall be as set out in our quotation
or Order Confirmation.
3.2 All samples, drawings, descriptive matter, specifications and advertising we
issue and any descriptions or illustrations contained in our catalogues or brochures
are issued or published for the sole purpose of giving an approximate idea of the
Products described in them.
4.1 Any dates specified by us for delivery of the Products are intended to be an
estimate and time for delivery shall not be made of the essence by notice. If no
dates are so specified, delivery shall be within a reasonable time.
4.2 You shall be deemed to have accepted the Products after fourteen (14) days
after delivery unless we are otherwise advised.
5.1 The quantity of any consignment of Products as recorded by us or our shall be
conclusive evidence of the quantity received by you on delivery unless you can
provide conclusive evidence proving the contrary.
5.2 If for any reason you fail to accept delivery of any of the Products when they
are ready for delivery, or we are unable to deliver the Products on time because
you have not provided appropriate instructions, documents, licences or
(a) risk in the Products shall pass to you (including for loss or damage caused by
(b) the Products shall be deemed to have been delivered; and
(c) we or our agent may store the Products until delivery, whereupon you shall be
liable for all related costs and expenses (including, without limitation, storage and
5.3 We shall not be liable for any non-delivery of Products (even if caused by our
negligence) unless you give written notice to us of the non-delivery within seven
(7) days of the date when the Products would in the ordinary course of events have
5.4 Any liability of ours for non-delivery of the Products shall be limited to replacing
the Products within a reasonable time or issuing a credit note at the pro rata
Contract rate against any invoice raised for such Products.
6 Cancellation of Order
6.1 You may not cancel any order or part or any order which is due for delivery
within forty five (45) days. You may not be permitted to cancel an order where we
have already begun the process of customization and where the Product has been
rendered impossible to resell in the process. Any cancellation request will only be
accepted by written notice provided you pay to us such amount of cancellation
charges as we shall notify in respect thereof.
6.2 If you commit any breach of these Terms or if:
(a) you have a bankruptcy order made against you or you make an arrangement or
composition with your creditors, or convene a meeting of creditors (whether formal
or informal), or enter into liquidation (whether voluntary or compulsory) except a
solvent voluntary liquidation for the purpose only of reconstruction or
amalgamation, or have a receiver and/or manager, administrator or administrative
receiver appointed of its undertaking or any part thereof, or documents are filed
with the court for the appointment of an administrator or notice of intention
to appoint an administrator is given by you or your directors or by a qualifying
floating charge holder , or a resolution is passed or a petition presented to any
court for your winding-up or for the granting of an administration order in respect
of your business, or any proceedings are commenced relating to the insolvency or
possible insolvency of your business; or
(b) you suffer or allow any execution, whether legal or equitable, to be levied on
your or obtained against you, or you fail to observe or perform any of your
obligations under the Contract or any other contract between us, or you are unable
to pay your debts within the meaning of section 123 of the Insolvency Act or you
cease to trade; or
(c) you encumber or in any way any of the Products
we may, at our discretion, cancel the contract between us.
By entering into this Contract you acknowledge the fact that you are granting us a
non-exclusive licence to use your trade mark for the purpose of customisation of
the Products and their associated packaging.
8 Risk and Title
8.1 The Products will be at your risk from the time of delivery.
8.2 Ownership of the Products will only pass to you when we receive full payment
of all sums due (in cleared funds) in respect of the Products, including delivery
8.3 Until ownership of the Products has passed to you, you shall:
(a) store the Products (at no cost to us) separately from all your other goods or
those of any third party in such a way that they remain readily identifiable as our
(b) not destroy, deface or obscure any identifying mark or packaging on or relating
to the Products; and
(c) maintain the Products in satisfactory condition and keep them insured on our
behalf for their full price against all risks to our reasonable satisfaction. On request
you shall produce the policy of insurance to us.
8.4 You may resell the Products before ownership has passed to you solely on the
basis that any such sale shall be a sale of our property and you shall deal as
principal when making such a sale.
8.5 Your right to possession of the Products shall terminate immediately if you
experience any Insolvency Events.
8.6 We shall be entitled to recover payment for the Products notwithstanding that
ownership of any of the Products has not passed from us.
8.7 You grant us, our agents and employees an irrevocable licence at any time to
enter any premises where the Products are or may be stored in order to inspect
them, or, where your right to possession has terminated, to recover them.
8.8 On termination of the Contract, howsoever caused, our rights contained in this
condition 8 shall remain in effect.
9 Price and Payment
9.1 The price of any Products will be as quoted on our website from time to time,
except in cases of obvious error.
9.2 These prices are quoted inclusive of packaging, loading, unloading and carriage
but exclusive of GST, delivery and insurance, the costs of which will be added to
the total amount due.
9.3 Prices are liable to change at any time, but changes will not affect orders in
respect of which we have already sent you an Order Confirmation.
9.4 Subject to condition 9.2, payment of the price for the Products is due in pounds
sterling thirty (30