TERMS & CONDITIONS

  • In these conditions “Epak” is the trading name of The Fifth Brother Pty Ltd, “Customer” or “You” refers to the person or company to whom the Products and/orServices are sold or supplied;
  • “GST” means the Goods and Services Tax assessable under the GST Law;
  • “GST Law” means a New Tax System (Goods and Services Tax) Act 1999, a New Tax System (Goods and Services Tax Transition Act) 1999 and all associated legislation, subordinate legislation and administrative rulings;
  • “Products” includes disposable paper straws, packaging items, and production materials; and
  • “Supplier” means a supplier of production materials to Epak.
  • The following are the terms on which Epak will supply, and Customers must acquire Products.

1 – ORDERING

  1. You may order the Products from Epak from time to time by completing, executing, and sending to Epak a purchase order (“Order”). An Order can also be placed via telephone/email and the signed proof of delivery will confirm the Order. In placing an Order, the Customer agrees to be bound by these Terms of Supply and agrees that if there is any inconsistency between the Terms of Supply and an Order, the Terms of Supply will govern to the extent of any inconsistency.
  2. The supply of Products by Epak to You is subject to the Suppliers’ ability to supply sufficient quantities and types of Products to Epak.
  3. Home / residential Deliveries – Epak can only deliver to a private residence on the following terms:
    • You explicitly give Epak authority to leave the goods in the safest possible place which you must specify when ordering in case no one is present at the time of delivery. If nothing is specified, then Epak will authorize their Shipping Provider to leave it in the best possible place.
    • YEpak is not responsible for the safety of the Products and both Epak and You accept the Shipping Providers’ confirmation as absolute confirmation that the goods have been delivered.
    • Should for any reason, the Shipping Provider not be able to leave it in a safe place and they take it back with them, you will be liable for a redelivery fee as charged by the Shipping Provider.
    • Please note: All paper straws and packaging items are extremely heated/fire-sensitive. These products should not be left outdoors. If you are unable to immediately move these products indoors after delivery we recommend you make alternative arrangements. Epak will not accept responsibility should these products be damaged due to heat/fire exposure as a result of them being left unattended.

2 – PAYMENT

  1. The purchase price of Products is as set out in Epak’s most recent price list, quotation, facsimile, email, or a quotation at the time You order Products from Epak. Freight, handling, and insurance costs are in addition to the purchase price and will be shown separately on Epak invoices.
  2. Epak may alter any prices of Products without prior notice to the Customer.
  3. Epak will invoice You for amounts due at the times specified in the Order, specifying how those amounts are calculated.
  4. You must pay each Epak invoice in full in advance of delivery unless otherwise agreed to in writing.
  5. Epak will, in its sole discretion, issue you a credit limit and terms for payment that may differ from the requested terms. You undertake to tradewithin these terms.
  6. Epak may charge You interest on any overdue amount, calculated daily from the due date until the date of payment, at the interest rate chargedby Westpac Australia to its prime commercial customers on the due date.
  7. You must reimburse Epak for any expenses and charges incurred by Epak in attempting to recover from You any overdue amounts, including without limitation, debt collection, and legal fee
  8. a.Cancellation charges If Epak becomes liable to pay a Supplier’s cancellation or rescheduling fee due to a Customer cancelling an Order, then Epak may recover those fees from the Customer.

3 – STOCK RETURNS FOR CREDIT

  1. Products can only be returned to Epak for credit within 7 days from the invoice date even if Epak is at fault. If Epak is not at fault and the customer wishes to return a product, subject to the rest of this clause 4 is adhered to, the customer will:
  • Pay the cost of freight of the goods both to them and back to Epak at the cost of $5.00 per carton restocking/administration fee if returning for Credit; OR
  • Pay the cost of freight of the goods back to Epak if returning for credit and then received a replacement item of the same quantity.
  • Returned products can only be credited at the value equivalent to the current market value of the products.
  • Damaged goods are not eligible for return. Products to be returned must have an identification number (IN) clearly visible on the outside of the package (NOT on the original carton), and the product must be unopened and in a re-sellable condition acceptable by Epak.
  • Any goods that have been written on or defaced by You or your courier will not be eligible for return.
  • Epak only accepts complete cartons with no items missing. Epak does not accept credit sleeves of products nor individual items.
  • Approved product returns must be returned to Epak within 3 days of the IN being issued or the goods 
  • All returns outside the above conditions are subject to a minimum 25% restocking fee, if and only if Epak agrees to accept the return at the sole discretion of Epak. Epak is under no obligation to accept returns of Products from Customers.
  1. Warranty
  • Epak warrants that all Products supplied are fit for purpose.
  • Should any Products not meet the Customer’s requirements for this purpose, then Epak will replace the Products at no cost to the Customer or provide the Customer with a full refund at the Customers preference.
  1. Risk and title
  • Ownership of any products and packaging delivered remains vested in Epak until payment of all amounts owing on account for any products supplied, whether past or present, has been paid in full. In the event that any amount is due, owing, and payable Epak shall be entitled to enter upon any premises where the products previously supplied by Epak are located and remove from such premises and take possession of any such products at invoice value insatisfaction of any and all unpaid amounts which are due, owing and payable at that time by You to Epak. There shall be no requirement whatsoever onthe part of Epak to identify any specific stock item to any unpaid invoice.
  1. Indemnity
  • You indemnify Epak, its employees, agents, and subcontractors against all losses, damages, expenses and costs (on a full indemnity and solicitor and own client basis and whether incurred by or awarded against any of them) that any of them may sustain or incur as a result, whether directly or indirectly, of any Claim.
  • For the purposes of these Terms of Supply, “Claim” means any claim by any third person for loss or damage to any property, injury to or death of any person or economic loss arising out of or relating to any or all of the Products, any delay or failure in supplying the Products and these Terms of Supply.

PRIVACY POLICY

The Fifth Brother Pty Ltd trading as Epak (ABN to 63 628 204 464) (“we”, “our” and “us”) is bound by the National Privacy Principles underthe Privacy Act 1988 (Cth).
Protecting your privacy is our priority. This Privacy Policy explains how we may use your personal information.

Epak collects and uses your personal information so that we can endeavor to give you better customer service and for training purposes.In addition, we may use your personal information to keep you up to date with product and pricing information that we think you are most likely interested in. Your personal information may also be used for marke research so that we can gauge your satisfaction with our service and strive for continuous improvement.

In order to access certain information and to determine your likely requirements, we might request registration information. This informationmay then be used for Epak’s sales and marketing purposes. At times we may be required by law to disclose your personal information.

Once you browse our website, we may collect certain information relating to what you might look at. This information may be used to bettertailor our services to your requirements. Information may be collected in a number of ways, including the use of ‘cookies.

Epak makes use of ‘cloud-services for our business systems. All our data is stored with these cloud providers which are outside ofAustralia. We have reviewed the privacy policies of these entities to ensure that your privacy is protected. We have identified, to the extent possible, that this data is stored in the United States, and could be backed up to other countries.

Epak’s Privacy Policy is subject to change at any time. One can obtain more information about the way Epak manages the personal information it holds by emailing us at [email protected]

Epak might periodically email newsletters and custom alerts to persons registered for a business account with us unless those persons have explicitly asked that such material not be sent to them. You may unsubscribe from receipt of such material from us at any time by emailing us at [email protected]