TERMS & CONDITIONS

  

TERMS & CONDITIONS ErgoStrap Australia | Trio Packaging Systems PTY. Limited

Please note that all of our quoted prices for sales, service and spare parts are subject to:

SPARE PARTS AND SERVICE:

• Regular weekday work hours only; weekends and after hours work generally attracts a minimum 45% surcharge.
• A confirmed booking date and Purchase Order on the acceptance of your quotation.
• Alteration to your job booking date or machine specifications.
• All of your machinery scheduled to be serviced to be shut down and in a safe and secure state upon the arrival of our technicians. (Unless specifically pre-arranged)
• Any prices quoted do not include any freight charges or GST unless otherwise indicated.
• Freight/handling charged on invoice.
• All quotations are issued in conjunction with our Terms and Conditions. Acceptance of our quotation is acceptance of our Terms and Conditions.
• All account customers have an obligation to make any payments due according to their initial terms of trade.
• All non-account customers should make any payments due prior to delivery of any machinery, service, products or spare parts.
• Payment by credit card may attract a 1.8% surcharge.

 

STANDARD ITIPACK HEAD SERVICE PARTS EXCLUSIONS (including but not limited to)

• Punches, cams, heaters, motors, worm drives, solenoids, transformers, slides, guides, channels, gears.
• See standard service parts list.

 

MACHINERY ORDERS PAYMENT TERMS

• Any quoted prices indicated exclude GST.
• Delivery can be 4-15 weeks from receiving the order and deposit depending on machinery ordered.
• 50% deposit required upon placing the order.
• 30% required on presentation of bill of lading
• 20% paid prior to day of delivery.
• Title of goods transferred on the day of delivery and confirmation of final payment.
• Installations quoted separately.

 

RETENTION OF TITLE CLAUSE

The property in and title to any goods provided by ErgoStrap Australia | Trio Packaging Systems PTY. Limited. shall remain with ErgoStrap Australia | Trio Packaging Systems PTY. Limited. and does not pass to the customer until all monies payable pursuant to this contract (including any interest, freight or insurance charges) have been paid to Trio Packaging systems. The goods shall be at the customer’s risk immediately upon delivery.

 

RESPONSIBILITIES

ErgoStrap Australia | Trio Packaging Systems PTY. Limited. is not responsible for or provide any guarantee or accept any liability for the following:

• Electrical components and normal wear and tear.
• Labour costs incurred in the diagnosis, replacement or repair of warranty parts or components.
• Any costs resulting in call backs after signing off on Service Report documentation.
• Any or all costs resulting from the customer’s failure to install, operate and maintain the equipment in accordance with the machines operational manuals.
• Defects or malfunctions resulting from improper installation, abuse, misuse, neglect, negligence, machine alterations or accidents.
• Any or all claims including but not limited to personal injury, loss of productivity or profits.

 

MACHINE RENTALS and TRIALS

Strap:

If “the customer” uses strap other than supplied or agreed to by ErgoStrap Australia | Trio Packaging Systems PTY. Limited “the customer” must be aware that this may cause the machine to malfunction and repairs for this would be charged to “the customer”.

Training:

“The customer” acknowledges that operating a machine is to be exclusive to those staff members who attended and were compliant with the operator training provided prior to the machine handover and that the machine is under the trained operators personal control at the agreed address and limited to the functions and tasks as demonstrated during the operator training. “The customer” shall not attempt to or purport to engage in any function of the machine that has not been demonstrated or operators trained in or have knowledge in without ErgoStrap Australia | Trio Packaging Systems PTY. Limited prior written or verbal consent.

Damage:

• All or any damage, caused as a result of “the customer’s” negligence, to any part of the machine, will be the responsibility of “the customer” and the cost of the repair will be invoiced separately, excluding fair wear and tear.
•  “The customer” is to notify ErgoStrap Australia | Trio Packaging Systems PTY. Limited, verbally as soon as practicable if they are unsure of any situation, they may find themselves or the machine in and if any damage occurs to the machine so as to effect repairs or offer remote advice.
• ErgoStrap Australia | Trio Packaging Systems PTY. Limited will endeavour to make good any repairs or advice as soon as possible after notification.

 

Not To Part With Possession:

“The customer” shall keep the machine under their personal control at the delivery address and shall not attempt to or purport to sell dispose of or encumber the same or any interest therein nor without ErgoStrap Australia | Trio Packaging Systems PTY. Limited prior written consent shall “the customer” sell or encumber nor agree to sell or encumber any land to which the machine may at any time be affixed.

Not To Assign:

“The customer” shall not assign an Agreement or “the customer” rights thereunder.

Expiration of Trial Agreement:

At the expiration of an agreement “the customer” shall deliver the machine to ErgoStrap Australia | Trio Packaging Systems PTY. Limited at their premises 19 Matheson St VIRGINIA QLD 4014 in the same good order and repair and condition as “the customer” ought to have kept the machine/s. “The customer” is to pay to ErgoStrap Australia | Trio Packaging Systems PTY. Limited the cost of restoring the same to such condition.

Or grant ErgoStrap Australia | Trio Packaging Systems PTY. Limited unrestricted access on an agreed date and time to collect the machine in the same good order and repair and condition as “the customer” ought to have kept the machines. “The customer” is to pay to ErgoStrap Australia | Trio Packaging Systems PTY. Limited the cost of restoring the same to such condition. Additional costs may apply.

Loss:

“The customer” shall indemnify ErgoStrap Australia | Trio Packaging Systems PTY. Limited against the unlikely event any loss or damage caused by or to the machine as a result of “the customer’s” negligence.

Insurance:

Public liability, personal injury, property, transit and machine insurance are the responsibility of “the customer”.

Termination:

• Any agreement will terminate automatically upon the Rental/Trial End Date or upon execution of a Supply Agreement, whichever occurs first.
• Termination of an agreement by “the customer” before the end of the agreed term will mean that, “the customer” will immediately be invoiced for any amount owing on the remainder of the agreement term.
• Mutual termination of an agreement between “the customer” and ErgoStrap Australia | Trio Packaging Systems PTY. Limited will be subject to any conditions agreed on at the time.
• ErgoStrap Australia | Trio Packaging Systems PTY. Limited reserves the right to terminate an agreement at any time either by part or whole if all or any of the obligations as part of an agreement are not met.

 

EMAIL CORRESPONDENCE:

All emails sent by ErgoStrap Australia | Trio Packaging Systems PTY. Limited, (including any other information transmitted with or attached to any email), are intended only for the addressee(s) or such other persons notified by ErgoStrap Australia | Trio Packaging Systems PTY. Limited to the addressee(s). Emails sent by ErgoStrap Australia | Trio Packaging Systems PTY. Limited should not be copied, changed or communicated to an unauthorised recipient without the express written consent of ErgoStrap Australia | Trio Packaging Systems PTY. Limited. All emails sent by ErgoStrap Australia | Trio Packaging Systems PTY. Limited are considered confidential, subject to copyright, and may be subject to legal or other professional privilege. None of these rights, or any other rights, are waived if you receive any email from ErgoStrap Australia | Trio Packaging Systems PTY. Limited in error or without our permission. All emails, or elements of all emails, may have been sent, intercepted, or modified in transit, in error or without our permission, and may contain viruses or other information that we did not intend you to receive. We accept no liability for loss or damage resulting from the receipt or use of this information by you or third parties. If you have received any email in error, any use (including discussions of its contents), reproduction, transmission or communication of any or all information is strictly prohibited and we request that you immediately notify us and delete such an email, and all copies of it, within your control.