Terms of trade

Terms of Trade Teacher reference titles Bookshop and trade customers only

1. About these terms

In these terms, ‘ECP’ means Curtain Communications Pty Ltd trading as Eleanor Curtain Publishing ACN 007 283 221 and ‘you’ means the person or entity whose details are entered on the order submitted during the purchase process. The following terms and conditions of sale apply from 15 August 2011 and supersede all previous arrangements. Any transactions with ECP on or after 15 August 2011 are subject to these terms and conditions. ECP reserves the right to vary these terms from time to time and the amendments will take effect immediately they are posted on this site or otherwise notified to you and will apply to all Orders made after that date.

Words in these terms that are spelt with initial capitalised letters have particular meanings in these terms. In most cases, their meanings are set out below at the end of these terms but some meanings are set out in the body of this document.

When an order placed by you in accordance with these terms is accepted by ECP, the Order and these terms form a contract between ECP and you. That contract for the supply of products and that ECP agrees to supply to you under these terms is referred to throughout these terms as the ‘Contract’. The Contract cannot be varied unless ECP agrees to vary it in writing or by email.

2. Orders, prices and payment

• a. You may place an order by downloading the order form available at www.ecpublishing.com.au or by submitting your own order form or by contacting customer service at ECP (+61 3 9867 4880);
• b. Any orders submitted on your order form should include quantity, ISBN, title and author to ensure timely processing by ECP’s warehouse.
• c. All orders will be invoiced at the price prevailing at the time of dispatch. Prices are in Australian dollars and inclusive of Australian Goods and Services Tax (GST). Prices are generally reviewed annually but subject to change without notice.
• d. You may pay for products you wish to order as follows:
  • i. If you do not have a business credit account with ECP, you may pay for the Products using one of the credit card providers specified on the order form or by bank draft. When you provide credit card details on your Order, ECP obtains a pre-approval from the credit card provider for the amount specified in your Order. That amount is billed to the nominated credit card when the Products specified on the Order are shipped.
  • ii. If you have a business credit account with ECP, ECP will invoice your account in accordance with the following conditions:
    • 1. The ‘payment due’ date is printed on the invoice.
    • 2. Payment remittances must clearly set out all invoices that are being paid. Where this information is not supplied, at ECP’s option, your payment may be allocated to the oldest outstanding item.
    • 3. Any deductions made for recognised claims, where the credit notes have not yet been raised, must be accompanied by full details of the invoice numbers and return authorisation. numbers. Late payment may affect your business credit facility.
    • 4. Accounts are conducted on a monthly basis. Statements are forwarded after the end of each month.
    • 5. ECP reserves the right to withhold supply to anyone who trades outside the agreed trading terms. Late payment of accounts may lead to a reduction in discount for future supplies. The account will be closed and backorders cancelled for persistent late payment.
    • 6. All titles not in stock will automatically be recorded for later supply unless you otherwise instruct ECP.
• e. In Australia, a delivery charge of $A 8.80 is applied to all orders where the value is less than $A100. Overseas customers will be notified of freight charges before the order is processed.
• f. ECP will send the Products specified in your Order to the shipping address specified in the Order. ECP will use commercially reasonable endeavours to make sure that the Products are shipped within any time estimates given before or at the time you submit your Order. However, subject to any applicable Consumer Guarantee:
  • 1. ECP does not promise that shipping will occur within the estimated time or at all; and
  • 2. ECP will not be liable to you at all, whether under the terms of the Contract or in negligence or otherwise, for any late delivery of the Products.
• g. All Products are supplied firm sale unless otherwise agreed in advance in writing with ECP.
• h. Title in the Products will pass to you when payment in full is received by ECP. Risk of loss of or damage to the Products passes to you when the Products are delivered to you.
• i. Without limiting your rights under any applicable Consumer Guarantee:
  • i. all deliveries should be checked on receipt, and any discrepancies or damage must be reported to both the carrier and the ECP office for the claim to be considered;
  • ii. invoice number(s) must be quoted in all instances;
  • iii. all physical returns authorised in accordance with this paragraph (h) should include a copy of the ‘Return Authorisation’ and the carton label clearly adhered to the outside of each of the cartons/packages;
  • iv. invoice numbers must be quoted on all return requests;
  • v. return freight is at your expense;
  • vi. Products must be the current edition and in print;and
  • vii. no refunds will be given for Products that you or any person not authorised by ECP has repaired or attempted to repair.

3. Our liability to you

• a. The only warranties, conditions or other terms that are binding on ECP are those expressly stated in the Contract. To the extent permitted by law, any term concerning the Products that we provide to you which might otherwise be implied into or incorporated in the Contract by statute, common law or otherwise (including without limitation any implied term as to quality or fitness for purpose) is excluded from the Contract.
• b. If a Product does not comply with an applicable Consumer Guarantee, you have rights and remedies under the Australian Consumer Law. Without limiting those rights and remedies, nothing in the Contract excludes, restricts or modifies the operation of, or any right or remedy that you might have under, any applicable Consumer Guarantee.
• c. Subject to paragraph (b):
  • i. ECP will not be liable under the Contract for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise; and
  • ii. ECP’s maximum aggregate liability under the Contract whether in contract, tort (including negligence) or otherwise will not exceed the amount payable by you to ECP in respect of the Product or Products for which the liability arises.

4. Other terms

• a. Subject to paragraphs 3(b) and 3(c), ECP will not be liable for any loss or damage suffered or incurred by you arising from any delay by ECP in fulfilling or failure to fulfil or otherwise discharge any of its obligations under the Contract, if the delay or failure is caused by anything beyond ECP’s reasonable control.
• b. The terms of the Contract replace all previous representations, arrangements, understandings and agreements between the you and ECP relating to its subject matter and contain the entire agreement between you and ECP relating to that subject matter.
• c. The Contract is governed by the laws of Victoria and you and ECP each irrevocably submit to the non-exclusive jurisdiction of the courts of Victoria for all disputes arising under or in connection with the Contract. d. ECP’s privacy policy [here] applies to any personal information that you submit on an Order or otherwise provide to ECP when you purchase or offer to purchase Products from ECP.

5. Definitions

• a. Consumer Guarantee means a consumer guarantee set out in Division 1 of Part 3-2 of the Australian Consumer Law
• b. Contract means the agreement between ECP and you that is formed when ECP accepts an Order.
• c. Order means an order that you place in accordance with these terms.
• d. Product means a teacher reference title published by ECP as listed from time to time at www.ecpublishing.com.au that ECP agrees to supply to you in accordance with these terms. Orders for all other products published by ECP should be placed with your local distributor as listed at www.ecpublishing.com.au/distributors.