Terms of Supply

Effective Date: 4 Jan 2022

In these conditions “Eco Plus” means K & W Eco Plus Pte. Ltd., “Customer” or “You” refers to the person or company to whom the Products and/or Services are sold or supplied. “GST” means the Goods and Services Tax assessable under the GST Law; “GST Law” means a Tax System (Goods and Services Tax Act) 1993 and all associated legislation, subordinate legislation and administrative rulings, “Products” includes disposable food service items and packaging, “Supplier” means a supplier of Products to Eco Plus. The following are the terms on which Eco Plus will supply, and Customer must acquire Products.

      • 1.Ordering
        • You may order the Products from Eco Plus from time to time by completing, executing, and sending to Eco Plus a purchase order “Order”. An Order can also be placed via telephone and the signed proof of delivery will confirm the Order. In placing an Order, 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.

        • The supply of Products by Eco Plus to You is subject to the Suppliers’ ability to supply enough quantities and types of Product to Eco Plus.

        • Home Deliveries – Eco Plus can only deliver to a private residence on the following terms:

          • You explicitly give Eco Plus authority to leave the goods in the safest possible place where you must specify when ordering in case no-one is present at the time of delivery. If nothing is specified, then Eco Plus will authorise their Shipping Provider to leave it in the best possible place.

          • Eco Plus is not responsible for the safety of the Products and both Eco Plus and You accept the Shipping Provider’s confirmation as absolute confirmation that the goods have been delivered.

          • Should for any reason, the Shipping Provider is not 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 PLA cold cups, straws, deli bowls & lids should not be left outdoors as they are extremely heat sensitive. We recommend making alternative arrangements if you are unable to immediately move these products indoors after delivery. Eco Plus will not accept responsibility should these products be damaged due to heat exposure due to being left unattended.

      • 2.Payment
        • The purchase price of Products is as set out in Eco Plus’s most recent price list, quotation, facsimile, email, or quotation at the time You order Products from Eco Plus. Freight, insurance costs and handling (if applicable) are in addition to the purchase price and will be shown separately on Eco Plus invoices.

        • Eco Plus will invoice You for amounts due at the times specified in the Order, specifying how those amounts are calculated.

        • Eco Plus may alter prices with 30 days’ notice to Customer.

        • You must pay Eco Plus within 30 days.

        • Eco Plus will, at its sole discretion, issue you a credit limit and terms for payment which may differ to the requested terms. You undertake to trade within these terms.

        • Eco Plus may charge You interest on any overdue amount, calculated daily from the due date until the date of payment, at the interest rate charged by the prevailing bank used by Eco Plus at the point of transaction to its prime commercial customers on the due date.

        • Customer must reimburse Eco Plus for any expenses and charges incurred by Eco Plus in attempting to recover from Customer any overdue amounts, including without limitation, debt collection and legal fees.

      • 3.Cancellation Charges
        • If Eco Plus becomes liable to pay a Supplier’s cancellation or rescheduling fee due to Customer cancelling an Order, then Eco Plus may recover those fees from the Customer.

      • 4.Stock Returns for Credit
        • Products can only be returned to Eco Plus for credit within 7 days from invoice date even if Eco Plus is at fault. If Eco Plus is not at fault and the customer wishes to return product, subject to the rest of this clause 4 being adhered to, the customer will:

          • Pay the cost of freight of the goods both to them and back to Eco Plus, as well as a $5.00 per carton restocking/administration fee if returning for Credit; OR

          • Pay the cost of freight of the goods back to Eco Plus if returning for credit and then receive 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 be unopened and in a re-sellable condition acceptable by Eco Plus. Any goods that have been written on or defaced by You or your courier will not be eligible for return. Eco Plus only accepts complete cartons with no items missing.

        • Approved product returns must be returned to Eco Plus within 7 business days of the approval being issued or the goods will be declined and returned to you.

      • 5.Risk and Title
        • Ownership of any products and packaging delivered remains vested in Eco Plus until payment of all amounts owing on account for any products supplied, whether past or present, has been paid in full. If any amount is due, owing and payable, Eco Plus shall be entitled to enter upon any premises where the products previously supplied by Eco Plus are located and remove from such premises and take possession of any such products at invoice value in satisfaction of any and all unpaid amounts which are due, owing and payable at that time by You to Eco Plus. There shall be no requirement whatsoever on the part of Eco Plus to identify any specific stock item to any unpaid invoice.,

      • 6.Indemnity
        • The Customer indemnifies the Supplier, and its officers, employees and agents, for any loss suffered or incurred by the Supplier, or its officers, employees and agents (as applicable), in respect of: any claim or action by any person arising from any breach of any material provision of this Agreement by the Customer; except to the extent the loss is caused or contributed to by a negligent act or omission of the Supplier, or its officers, employees or agents. This indemnity survives the termination or expiry of this Agreement.

        • The Supplier indemnifies the Customer, and its officers, employees and agents, for any loss suffered or incurred by the Customer, or its officers, employees and agents (as applicable), in respect of: any claim or action by any person arising from any breach of any material provision of this Agreement by the Supplier; and except to the extent the loss is caused or contributed to by a negligent act or omission of the Customer, or its officers, employees or agents. This indemnity survives the termination or expiry of this Agreement.

      • 7.Termination of Contract
        • We shall be entitled to immediately terminate this contract if:

          • You are in breach of any of the conditions;

          • Execution is levied on your property;

          • You make any arrangement or composition with your creditors or commit any act of bankruptcy or proceedings in bankruptcy are commenced against you or, if you are a company, any resolution or application to wind up is passed or presented against you or a receiver and manager or receiver or administrator is appointed;

        • In these terms and conditions of sale “act of bankruptcy” shall be deemed to include entering into a composition and the execution of a Deed of Assignment or Deed of Arrangement.

      • 8.Personal Data Protection Act
        • This Data Protection Notice (“Notice”) sets out the basis which Eco Plus may collect, use, disclose or otherwise process personal data of our customers in accordance with the Personal Data Protection Act (“PDPA”). This Notice applies to personal data in our possession or under our control, including personal data in the possession of organizations which we have engaged to collect, use, disclose or process personal data for our purposes.

        • We may collect and use your personal data for any or all of the following purposes:

          • Verifying your identity;

          • Processing payment or credit transactions;

          • Managing your relationship with us;

          • Performing obligations in connection with or in the course of our provision of the goods and/or services requested by you;

          • Responding to, handling, and processing queries, request, applications, complaints, and feedback from you;

          • Sending you marketing information about our goods or services including notifying you of our marketing events, promotions, lucky draws, memberships and rewards schemes and other promotions;

          • Complying with any applicable laws, rules, regulations, code of practice or guidelines, or to assist in law enforcement and investigations conducted by any governmental and/or regulatory authority;

          • Any other purposes for which you have provided the information;

          • Transmitting to any unaffiliated third parties including our third-party service providers and agents, and relevant governmental and/or regulatory authorities, whether in Singapore or abroad, for the aforementioned purposes; and

          • Any other incidental business purposes related or in connection with the above

        • We may disclose your personal data:

          • Where such disclosure is required for performing obligations in the course of or in connection with our provision of the goods or services requested by you; or

          • To third party service providers, agents, and other organizations we have engaged to perform any of the functions listed in clause 9 above for us.

        • The purposes listed in the above clauses may continue to apply even in situations where your relationship with us (for example, pursuant to a contract) has been terminated or altered in any way, for a reasonable period thereafter (including, where applicable, a period to enable us to enforce our rights under any contract with you).

        • The consent that you provide for the collection, use and disclosure of your personal data will remain valid until such time it is being withdrawn by you in writing. You may withdraw consent and request us to stop using and/or disclosing your personal data for any or all of the purposes listed above by submitting your request in writing or via email to us.

        • Upon receipt of your written request to withdraw your consent, we may require reasonable time (depending on the complexity of the request and its impact on our relationship with you) for your request to be processed and for us to notify you of the consequences of us acceding to the same, including any legal consequences which may affect your rights and liabilities to us. In general, we shall seek to process your request within ten (10) business days of receiving it.

        • Whilst we respect your decision to withdraw your consent, please note that depending on the nature and scope of your request, we may not be able to continue providing our goods or services to you and we shall, in such circumstances, notify you before completing the processing of your request. Should you decide to cancel your withdrawal of consent, please inform us in writing in the manner described in clause 8.5 above.

        • Please note that withdrawing consent does not affect our right to continue to collect, use and disclose personal data where such collection, usage and disclosure without consent is permitted or required under applicable laws.

      • 9.Mutual Confidential Information
        • In the event one party and/or its Representatives receives Confidential Information, the corresponding Party will have a duty to protect the Confidential Information disclosed to it by the other party. For the avoidance of doubt, Confidential Information includes, without limitation the following;

          • Any information which has commercial value and is either (i) technical information, including patent, copyright, trade secret, and other proprietary information, techniques, sketches, drawings, models, inventions, know-how, processes, apparatus, equipment, algorithms, software programs, software source documents, and formulae related to the current, future, and proposed products and services, or;

          • Non-technical information relating to outlet locations, brands, technology, services, data, customers, products, including without limitation pricing, margins, merchandising plans and strategies, finances, financial and accounting data and information, suppliers, customers, customer lists, purchasing data, sales and marketing plans, business plans and methods, and any other information which is proprietary and confidential (including, without limitation, the terms, and conditions of the relevant agreements entered between the Parties in relation to the Project and all non-Public information concerning the Project).

      • 10.Effect of Policy
        • These Terms of Supply shall be governed and construed in accordance with the laws of Singapore and the Customer and Eco Plus each submit to the non-exclusive jurisdiction of the courts of Singapore in respect of any dispute or matter arising out of or in connection with this Purchase Order.