Eastern Distributors Pty Ltd (ABN 20 050 238 474) (Eastern Distributors,us, we, our) maintain a policy of strict confidence concerning your (you, your) personal information (Privacy Policy).
This Privacy Policy details how we deal with your personal information and has been developed in accordance with the Australian Privacy Principles contained in the Privacy Act 1988 (Cth) (Privacy Act).
By providing your personal information to us directly or indirectly you accept the terms of this Privacy Policy.
What kinds of information do we collect?
The type of information that we collect from you will depend on how you engage with us. We will collect the following: name, email address, address, payment details and phone numbers of our supplier contacts, in certain circumstances we may ask to site your driver’s licence for identification purposes, and any other personal information that you submit to us, via our websites, including www.eastdist.com (Site)
How do we collect your personal information?
We collect your personal information directly from you or where our supplier’s provide us with your information. The main ways we collect personal information about you are when:
• you access our websites, including where you submit a contact request;
• you register with us;
• you make an application for credit (in which case we may site your driver’s licence)
• you make a payment to us;
• you log onto the websites;
• a third party, including our clients, provides it to us;
• you otherwise submit personal information about yourself, or someone else, to us, our Site or any Eastern Distributers portal.
We will only collect your personal information from third parties if you give the third party your consent to provide the information to us or it would be reasonably expected.
If someone other than you provides us with personal information about you that we did not ask for, or you provide us with unsolicited personal information, we will only hold, use or disclose this information if we determine that we could have collected this information from you had we asked for it. In this circumstance we will take all reasonable steps to notify you of the collection of that information. If we could not have collected this personal information, we will lawfully de-identify or destroy that personal information.
If you are under 18 years of age
If you are under 18 years of age you must ask your parent or legal guardian to approve your provision of personal information before you submit your personal details to us.
Use of personal information
This Privacy Policy deals with personal information of registered users, clients, service providers and other third parties.
We will only use your personal information for the purposes for which it was given to us, or for purposes which are directly related to the provision of our services.
Your personal information may be used by us in a number of ways, including to:
• collecting outstanding accounts;
• create new supplier accounts;
• send you newsletters or other promotional material;
• enhance and improve your use of our websites and our products and services, including informing you of our monthly specials;
• respond to any questions, comments or queries submitted by you;
• for internal business purposes, such as undertaking research, developing system analytics, measuring and developing our services; and
• as required or authorised by law, including under the Australian Privacy Principles.
Disclosure of personal information
In certain circumstances, it may be necessary for us to disclose your personal information to third parties in order to assist us in providing our services, or where disclosure is required by us to meet our legal and regulatory obligations. Third parties may include:
• digital marketing and other service providers such as MailChimp;
• technology support service providers where applicable to the service provided to you;
• data storage providers such as Amazon (servers located in Sydney, Australia);
• DHL and other freight or shipping service providers for the purposes of sending any hardware;
• government and law enforcement agencies and regulators; and
• entities established to help identify illegal activities and prevent fraud where authorised by law.
We may also disclose your personal information to anyone authorised by you, or to whom you have provided your consent (either expressly or impliedly) or where another permitted general situation applies (as defined in Section 16A of the Privacy Act).
We may share your personal information inside the Eastern Distributors group of companies and to potential investors in the Eastern Distributors group, but only to the extent necessary. If Eastern Distributors goes through a business transition, such as a merger, acquisition by another company, or sale of all or a portion of its or their assets, your personal information may be among the assets transferred.
We will not disclose information that personally identifies you to any third party other than as set out in this Privacy Policy.
Direct marketing
We use personal information about you for the primary purpose of providing you with our services. We may also use it for other purposes for which you might reasonably expect us to use that information. You authorise us to use any email address or other contact information you provide to use at any time for such above purposes.
You can opt out of receiving electronic communication at any time. You agree and acknowledge that even if you opt out of receiving information about future events or marketing material, we will still send you essential information that we are required to send you relating to the services we provide.
Storage and security
The security of your personal information is paramount to us and we use all reasonable endeavours to keep your information in a secure environment and to protect your personal information from misuse, interference, loss, unauthorised access, modification or disclosure. If you reasonably believe that there has been unauthorised use or disclosure of your personal information please contact us using the details below.
We keep records of the personal information we gather from you and store these on an encrypted server or in locked facilities. You warrant that you will not act in a manner that results in us collecting, using or storing information that is in breach of our obligations at law.
If we no longer need your personal information, unless we are required under Australian law or a court or tribunal order to retain it, we will take reasonable steps to destroy, securely delete, or de-identify your personal information as appropriate.
Accuracy of your information
We take reasonable steps to ensure that the personal information held by us is accurate, complete and up to date. If you believe that any of your personal information is inaccurate, please contact us using the below details and we will take reasonable steps to correct it.
Variation and consent to variation
We may vary the terms of this Privacy Policy at any time. You should check this Privacy Policy regularly so that you are aware of any variations made to this Privacy Policy.
Disclosure to overseas recipients
We do not currently disclose personal information to overseas recipients.
Access to your information and making a complaint
You may request access to the personal information we hold about you. If you do so we will respond to your request within a reasonable period of time and, where reasonable and practicable, give access to the information in the manner you request. This will be subject to any exemptions provided under the Privacy Act. You may request this information by writing to our Privacy Officer.
Where it is practical to do so, when contacting us, you have the option to either not identify yourself or to use a pseudonym. However, this will not apply if we are required or authorised under Australian law (or a court or tribunal order) to only deal with individuals who have identified themselves.
If you wish to make a complaint about a breach of the Privacy Act by us, you may do so by providing your complaint in writing to the contact details listed below. You may also make a complaint verbally. We will seek to respond to any complaint within a reasonable period of time. We may seek further information from you in order to provide a comprehensive and complete response.
You may also make a complaint to the Office of the Australian Information Commissioner (OAIC). You may contact the Australian Information Commissioner via telephone on 1300 363 992, by submitting a complaint or inquiry online at www.oaic.gov.au or by writing to the OAIC at GPO Box 5218 Sydney NSW 2001.
Contact us
If you have any questions, or if you wish to contact us for any of the reasons described above, including to correct or access the information we hold about you or to make a complaint, please contact our Privacy Officer:
The Privacy Officer
Address: 31-41 National Drive, Dandenong South, Victoria, 3175
Phone: (03) 8768 8345
Email: joe@eastdist.com
Terms & Conditions
In these Terms and Conditions:
(a) "Customer" means the customer described as such in the Account Application;
(b) "Goods" means those items specified in the Customer’s order accepted by the Supplier;
(c) “PPSA” means the Personal Property Securities Act 2009 (Cth) and all regulations and other subordinate legislation pursuant to it;
(d) “Security Interest” means a security interest under the PPSA;
(e) "Supplier" means Eastern Distributors Pty Ltd ABN 20 050 238 474; and
(f) "Terms" means these terms and conditions.
These Terms apply to all transactions between the Customer and the Supplier and prevail over any other terms and conditions.
The Customer is not entitled to any credit facilities until it receives notice in writing from the Supplier stating that credit facilities have been granted. This requirement is not waived because the Supplier provides Goods to the Customer before credit facilities have been granted.
If the Supplier agrees to supply Goods to the Customer on credit, the following terms apply:
(a) payment must be made within terms offered to the customer;
(b) time is of the essence in respect of the Customer’s obligation to make payment;
(c) if the Customer defaults in making payment to the Supplier in accordance with these Terms, becomes insolvent or unable to pay the Customer’s debts as they fall due, or any proceedings are commenced by or against or action taken in respect of the Customer alleging bankruptcy or insolvency or involving the appointment or proposed appointment of a trustee, liquidator, provisional liquidator, receiver, receiver and manager or administrator, the whole or any part of the monies outstanding to the Supplier by the Customer shall become immediately due and payable and the Supplier may in its absolute discretion (without limiting any other legal rights):
(i) charge the Customer interest calculated on the portion of the Customer’s account overdue at the rate of 14.5% per annum from the date on which the default arose;
(ii) require the Customer to reimburse the Supplier for all costs and expenses as the result of the Customer’s default;
(iii) advise credit reporting agencies of the Customer's default;
(iv) withhold deliveries of Goods already ordered; and
(v) retake possession of Goods to which title has not passed to the Customer;
(d) the Supplier will be entitled without notice to terminate any credit arrangement with the Customer; and
(e) the Supplier may at any time set-off amounts owed by the Customer to the Supplier from any amounts owed to the Customer by the Supplier.
The Supplier’s price list, and any quotation given by the Supplier, is not an offer to sell but is an invitation to treat only and the Supplier reserves the right to:
(a) accept or reject in its absolute discretion any orders which may be received by it;
(b) vary or withdraw a quotation at any time; or
(c) without notice, alter the prices shown in the price list or on a quote for any reason.
All orders with a total value less than $1000.00 will be charged an additional handling charge of$50.00 if delivery is required.
The price at which Goods are sold does not include any goods and services tax ("GST") unless otherwise stated or agreed in writing. GST must be added to the price and paid by the Customer in addition to the price.
Unless otherwise specified in writing, delivery is ex warehouses where goods are collected by the Customer, or to the Customer’s nominated place for delivery ("Delivery"). Unless otherwise specified in writing, the Customer will be charged a delivery fee for each Delivery by the Supplier. If a delivery date is specified that date is an estimate only and the Supplier is not liable for any delay in Delivery. If the Supplier is unable to supply the Customer’s total order these Terms continue to apply to those Goods supplied. The Supplier is not liable for a failure to perform any of its obligations if it is prevented from complying with them by an event or impediment outside its control.
The Customer must inspect the Goods immediately upon Delivery, and must within 24 hours after Delivery give written notice to the Supplier, with particulars including the invoice number and delivery date, of any claim of shortages, damages or breakages of the Goods. If the Customer fails to give that notice, to the extent permitted by statute, the Goods are deemed to have been accepted by the Customer and the Customer must pay for the Goods in accordance with the provisions of these Terms.
Subject to clause 9, any complaints about the quality of Goods must be received by the Supplier within seven days of Delivery. Such complaints must be in writing and with particulars including the invoice number and delivery date. After this time, to the extent permitted by statute, the Customer shall be deemed to have accepted the Goods and the Customer must pay for the Goods in accordance with the provisions of these Terms.
The Supplier will consider any advice provided under clauses 9 or 10 and will provide the Customer with a response in writing. If a claim is accepted by the Supplier, the Supplier shall give its written approval for the return of the Goods. The Customer must not return any Goods unless the Supplier has first given its written approval to their return. The Goods’ return must then be with freight and cartage prepaid by the Customer.
Where the Supplier provides written approval for the return of a Good, the Supplier will first endeavour to replace the Good, otherwise the Supplier will issue a credit note on its return. Replacement Goods or credit note will only be approved following inspection by the Supplier and providing the Terms have been met.
If the Supplier has given its written approval to the return of Goods which are not damaged:
(a) the Supplier will only give credit for the Goods returned if they are in a saleable condition; and
(b) the Supplier may in its absolute discretion where allowed by law, charge a restocking fee equivalent to 20% of the price of the Goods returned.
Goods provided by the Supplier to the Customer are at the Customer’s risk immediately on Delivery to the Customer or into the Customer’s custody (whichever is the sooner).
Until the Supplier has been paid in full for all Goods supplied by it to the Customer under any contract whatsoever between the Customer and the Supplier:
(a) the property in the Goods shall remain in the Supplier;
(b) the Customer must store the Goods in such manner as to show clearly that they are the property of the Supplier; and
(c) the Customer may sell the Goods, in the ordinary course of its business, as agent and in a fiduciary capacity for the Supplier and must account to the Supplier for the proceeds.
Except to the extent that any law (including Schedule 2 of the Competition and Consumer Act 2010 (Cth)) does not permit liability to be excluded, all conditions and warranties implied by law in respect of the state, quality, suitability, merchantability, design, workmanship, condition or fitness of the Goods for any purpose, which may be binding on the Supplier are excluded. The Supplier may not rely on this clause 16 to the extent that it is not fair or reasonable pursuant to section 23 and 24 of Schedule 2 the Competition and Consumer Act 2010 (Cth) or any similar applicable State legislation.
The Customer acknowledges that the Customer does not rely and it is unreasonable for the Customer to rely on the skill or judgment of the Supplier as to whether the Goods supplied are reasonably fit for any purpose for which they are being acquired, and that the sale is not a sale of goods by description or sample.
The Supplier has no liability (including, without limitation, liability arising out of the Supplier’s negligence) to any person for:
(a) any physical or financial injury, loss or damage consequential or otherwise suffered or incurred by that person in relation to the Goods, their supply, or in relation to any advice, recommendation(s), information or services supplied by the Supplier, its employees, contractors or agents regarding the Goods, their use; and
(b) in particular without limiting clause 18(a) any loss or damage consequential or otherwise suffered or incurred by that person caused by or resulting directly or indirectly from any failure, defect or deficiency of any kind of or in the Goods and/or advice, recommendation(s), information or services.
The Customer indemnifies the Supplier against all damages, losses, claims, costs and expenses (including legal costs on a full indemnity basis) suffered or incurred by the Supplier arising directly or indirectly as a result of or in connection with the Goods, or their use, or storage, unless caused by the negligence of the Supplier, its employees, contractors or agents.
The Customer must immediately notify the Supplier in writing if there is a change in its address, or to any of the data relevant to a financing statement under the PPSA in respect of the supply of Goods and/or credit.
The Supplier may register any Security Interest which it considers arises or will arise out of these Terms or any supply of Goods pursuant to these Terms (even before that Security Interest starts).
The Customer:
(a) agrees to promptly do anything (such as obtaining consents, signing documents, getting documents completed and signed and supplying information, and including entering into a subordination or priority agreement with any other secured party) which the Supplier asks, to:
i. ensure that the Security Interest created under the Terms is perfected, first ranking and otherwise effective with priority over any registered or unregistered general (or other) security and any unsecured creditor;
ii. enable the Supplier to apply for any registration, or give any notification, in connection with the Security Interest, so that the Security Interest has the priority required by the Supplier; and
iii. assist the Supplier to exercise rights in connection with the Security Interest; and
(b) irrevocably appoints the Supplier and each officer and lawyer of the Supplier severally as its attorney to do all things and sign all documents required by the Supplier to fully exercise the Supplier's rights under clause 20 to 28 (and the Customer must pay the Supplier on demand any costs incurred by the Supplier in doing so).
The Supplier's Security Interest in the Goods arising under the Terms extends to any proceeds (as defined in the PPSA) of the Goods.
The Customer certifies that the Goods will be held by the Customer in the furtherance of an enterprise to which an Australian Business Number has been allocated.
The Customer waives any right it may have at any time, including under sections 144 and 157 of the PPSA, to receive a copy of a verification statement or other notice contemplated in the PPSA.
The Customer waives its right to receive anything from the Supplier under section 275 of the PPSA, and agrees not to make any request of the Supplier under that section.
The Customer authorises and requests the Supplier pursuant to section 275(7)(c) of the PPSA to obtain from the holder of any other Security Interest in the Goods any of the information referred to in s275(1) of the PPSA relevant to that Security Interest.
The Customer hereby waives its rights under the following sections of the PPSA: section 95 (notice of removal of an accession) to the extent that it requires the secured party to give a notice to the grantor; section 96 (when a grantor may retain an accession); section 123 (right to seize collateral); section 125 (obligation to dispose of or retain collateral); section 126 (apparent possession); section 128 (secured party may dispose of collateral); section 129 (disposal by Customer); section 130 (notice of disposal) to the extent that it requires the secured party to give notice to the grantor; paragraph 132(3)(d) (contents of statement of account after disposal); subsection 132(4) (statement of account if no disposal); subsection 134(1) (retention of collateral); section 135 (notice of retention); section 142 (redemption of collateral); and section 143 (reinstatement of security agreement).
The Customer agrees to be bound by the following dispute resolution process:
(a) A party may give the other party notice of a dispute in connection with the Terms in relation to any dispute arising out of or in connection with the Terms (“Dispute Notice”).
(b) The parties will endeavour to resolve the dispute within 10 days of receipt of the Dispute Notice or such other period as may be agreed upon by the parties.
(c) If the period specified in clause 29(b) expires and the parties have not been able to resolve the dispute, the dispute will be referred to a duly qualified mediator who is agreed to between the parties, or failing such agreement, who is appointed by the Resolution Institution (ACN 008 651 232). Each party is to pay its own costs associated with the mediation, except the cost of the mediator is to be shared equally between the parties. The mediation will be held in Melbourne, Victoria.
(d) A party may not commence legal proceedings (except proceedings seeking urgent interlocutory relief) in respect of a dispute unless the dispute has been referred for resolution in accordance with the dispute resolution procedure described in clauses 29(a) to 29(c).
The Customer warrants and represents to the Supplier, that if it is the trustee of a trust (“Trust”):
(a) it has the power to execute any Account Application (if relevant) and accept the Terms;
(b) in executing any Account Application it has properly performed its obligations to the beneficiaries of the Trust;
(c) it has taken all necessary action required under its trust deed to authorise unconditional execution and delivery of and performance and observance of its obligations under the Terms and the Account Application (if relevant);
(d) it is the only trustee of the Trust;
(e) no action has been taken to remove it as trustee of the Trust or to appoint an additional trustee of the Trust;
(f) it has a right to be fully indemnified out of all the property of the Trust in relation to the payment of all amounts and the compliance with all obligations owed under the Terms, and:
i. it has not released or disposed of its equitable lien over the property of the Trust which secures that indemnity; and
ii. the property of the Trust is sufficient to satisfy that indemnity;
(g) it has not defaulted in the performance and observance of its obligations as trustee of the Trust;
(h) no action has been taken to terminate the Trust;
(i) the Trust is duly constituted and is not void, voidable or otherwise unenforceable; and
(j) it will not cause or permit:
i. any other trustee of the Trust to be appointed;
ii. the Trust to be terminated or its terms to be varied;
iii. it to be removed or replaced as trustee of the Trust;
iv. the property of the Trust to be resettled; or v. the exercise of any power of variation, appointment or delegation under the Trust deed without the Supplier’s prior written consent.
Failure by the Supplier to insist upon compliance with any of these Terms does not constitute a waiver of that provision and the Supplier can subsequently require compliance with that provision.
If any provision of these Terms is invalid or unenforceable, then it is taken to be severed, but does not affect the validity or enforceability of any other provision of these Terms.
A certificate signed by a director, secretary, financial controller or credit manager of the Supplier shall be the amount of indebtedness of the Customer to the Supplier at that time and, in the absence of manifest error, is conclusive and binding on the Customer.
If at any time the Supplier discloses to the Customer, or the Customer becomes aware of, confidential information of the Supplier, including information which relates to the Supplier’s Goods, prices, business, trade, affairs, customers, property, equipment, materials, procedures, tests, designs or activities and which is generally not available to the public or known in the industry, the Customer must not use the confidential information for any purpose not approved by the Supplier and must not disclose that confidential information to any other person(s) unless expressly agreed to in writing by the Supplier or as required by law.
Any contract between the Supplier and the Customer incorporating these Terms is governed in all respects by the law of Victoria, Australia and the parties submit to the jurisdiction of the courts of Victoria and the Commonwealth of Australia.
