Terms and Conditions – Effective from 19/01/2015 onwards
1. DEFINITIONS AND INTERPRETATION
In these terms and conditions, unless the context otherwise requires:
(a) “Buyer” means the Person named in the relevant Sales Invoice or Quotation.
(b) “GST” means the goods and services tax as imposed by the GST law together with any related interest, penalties, fines or other charge.
(c) “GST Amount” means any Payment (or the relevant part of that Payment) multiplied by the appropriate rate of GST.
(d) “GST Law” has the meaning given to that term in A New Tax System (Goods and Services TAX) Act 1999, or, if that Act does not exist for any reason, means any Act imposing or relating to the imposition or administration of a goods and services tax in Australia and any regulation made under that Act.
(e) “Payment” means any amount payable under or in connection with a Sales Invoice including any amount payable by way of indemnity, reimbursement or otherwise (other than a GST Amount) and includes the provision of any non-monetary consideration.
(f) “Person” includes an individual, the estate of an individual, a body politic, a corporation, an association (incorporated or unincorporated) and a statutory or other authority.
(g) “Purchase Price” means the price for the goods set out in the relevant Quotation or Sales Invoice.
(h) “Quotation” means the form of quotation submitted by a Seller to the Buyer in which these terms and conditions are deemed to be incorporated.
(i) “Sales Invoice” means the sales invoice issued by a Seller to the Buyer in which these terms and conditions are or are deemed to be incorporated.
(j) “Seller” in relation to any Quotation or Sales Invoice means: Tankworld, ABN 84 661 692 793.
(k) “Tax Invoice” has the meaning given to that term by the GST Law.
(l) “Taxable Supply” has the meaning given to that term by the GST Law.
(a) Any special conditions specified on a Quotation or Sales Invoice shall, to the extent they are inconsistent with these terms and conditions, take precedence over these terms and conditions.
(b) Words importing the singular shall include the plural (and vice versa).
2. GOVERNING TERMS AND CONDITIONS
These are the only terms and conditions which are binding upon a Seller with the exception of those otherwise agreed in writing by the Seller which are imposed by a statute and which cannot be excluded.
3. TERMS OF PAYMENT
Payment by the Buyer for goods are COD, payment upon placement of order or 50% deposit upon placement of order with the balance to be paid upon confirmation of delivery date.
If the customer is a company or an incorporated association, the directors personally guarantee the payment of all debts owing by the customer.
5. INSPECTION AND ACCEPTANCE
The Buyer shall inspect all goods upon delivery and shall within 48 hours of delivery give notice to the Seller named in the relevant Sales Invoice or of any matter or thing by which the Buyer alleges that the goods are not in accordance with the Buyer’s order. Failing such notice, subject to any non-excludable condition implied by law, such as those in the Trade Practices Act 1974 (Cth), the goods shall be deemed to have been delivered to and accepted by the Buyer.
The parties agree that:
(a) the Purchase Price is inclusive of GST;
(b) all other Payments have been calculated without regard to GST;
(c) each party will comply with its obligations under the Trade Practices Act 1974 when calculating the amount of any Payment and the amount of any relevant Payments will be adjusted accordingly;
(d) if the whole or any part of any Payment is the consideration for a Taxable Supply (other than for payment of the Purchase Price) for which the payee is liable to GST, the payer must pay to the payee an additional amount equal to the GST Amount, either concurrently with that Payment or as otherwise agreed in writing.
(e) any reference to a cost or expense in this Agreement excludes any amount in respect of GST forming part of the relevant cost or expense when incurred by the relevant party for which that party can claim an Input Tax Credit; and the payee will provide to the payer a Tax Invoice.
All goods are made to order. Orders cancelled after ten (10) business days from date of order, may be charged a cancellation fee of $100.00 for all tanks up to 5000 litres and $200.00 for all tanks over 5000 litres.
The seller retains the right to cancel any order at any time. If the seller exercises this right, it must notify the customer and must also return all relevant deposits held to the customer. Changes to orders, returns or cancellations after delivery are required in writing for approval. Such changes, returns or cancellations may also be subject to a re-stocking fee of 10% to 20% of the net sales price. Return freight charge may also apply.
ACCC mandatory statement: Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.