The Terms and Conditions
The following terms and conditions regulate the business relationship between you and Tank Management Services Pty Limited (ABN 89 003 011 621) (ACN 003 011 621) (“Tank Management”). Any purchase of Goods, acceptance of our quotation or payment of any invoices by you from Tank Management shall be regulated by the terms and conditions outlined in this agreement.
In this agreement:
1.1 “Carrier” means any person or business used by Tank Management to deliver Goods from Tank Management to you, whether all or part of the distance of the delivery.
1.2 “Goods” means any goods and products offered for sale by Tank Management.
1.3 “Written Material” means any informational material published by Tank Management in any medium with a view to providing information to any customer or prospective customer of Tank Management.
2 Our contract with you
2.1 Tank Management shall accept orders placed by email, facsimile or telephone.
2.2 Subject to clause 2.3, once an order is placed, Tank Management shall send a Tax Invoice to you confirming the details of your order including the price of the Goods, the cost of delivery, the terms of payment and the estimated date of delivery of your order.
The terms of payment of each order will vary depending on the Goods ordered.
2.3 Should Tank Management not be able to deliver the ordered Goods due to the Goods being out-of-stock or for some other reason beyond the control of Tank Management, Tank Management will offer you alternative Goods before any agreement for sale of the Goods is made binding and enforceable. Should this occur you may:
2.3.1 accept the alternative Goods offered by Tank Management by payment of the Tax Invoice pursuant to the terms of payment outlined in the invoice to Tank Management;
2.3.2 cancel your order by contacting Tank Management by email, facsimile or telephone; or
2.3.3 leave the order valid, but amend the out-of-stock Goods by contacting Tank Management by email, facsimile or telephone. Should this occur, Tank Management will send you an amended Tax Invoice detailing the price of the Goods, the cost of delivery, the terms of payment and the estimated date of delivery of your order. You may accept the amended Tax Invoice offered by Tank Management by payment of the Tax Invoice pursuant to the terms of payment outlined in the invoice to Tank Management.
2.4 Receipt of payment of your order by Tank Management pursuant to the terms of payment outlined in the invoice for your order is evidence of a binding and enforceable agreement between you and Tank Management, and this agreement can only be modified by written agreement between you and Tank Management.
3 Price and Payment
3.1 The price of any and all Goods contained in any Written Material of Tank Management is subject to change from time to time at the sole discretion of Tank Management.
3.2 Full payment of the amount stipulated in the Tax Invoice for your order must be made and received by Tank Management before the order will be delivered to you.
3.3 Tank Management agrees to pay banking charges by the receiving bank on payments to Tank Management. All other charges relating to the payment of an order in a currency other than Australian Dollars will be borne by you.
3.4 Tank Management advises you that any details given by Tank Management to you in relation to exchange rates are approximate only and may vary from time to time.
3.5 You shall pay all sums due to Tank Management under the terms of this agreement by the means specified without any set-off, deduction or counterclaim.
4 Information you give Tank Management
4.1 You agree that you have provided, and will continue to provide, accurate, up to date and complete information about yourself to Tank Management to enable Tank Management to provide you with the Goods ordered.
4.2 Tank Management agrees to use reasonable endeavours to respond to any point of dissatisfaction by you in relation to any Goods purchased, provided that you contact Tank Management within three (3) months of the delivery of the Goods.
5.1 Deliveries will be made by the Carrier to the address stipulated in your order. You must ensure that someone is present to accept delivery of your order.
5.2 If Tank Management is unable to deliver your Goods for whatever reason within 30 days of the date of your order, Tank Management shall notify you to arrange another date for delivery.
5.3 If the Goods ordered are not available to be delivered all at once, Tank Management may, at its discretion and on its selected terms and conditions, give you the option to receive the Goods ordered in instalments. If you accept this offer by Tank Management, you must ensure that someone is present to accept delivery of each instalment of your order.
6 Cancellation of order and Return of Goods
6.1 Subject to clause 2.4 above, once Tank Management has received payment of the amount stipulated in the Tax Invoice for your order pursuant to the terms of payment of the order, you have no right and are unable to cancel, refund and/or modify your order.
6.2 Notwithstanding clause 6.1, Tank Management agrees to replace any Goods purchased from Tank Management that have a material defect(which shall be determined By Tank Management in their sole discretion).
7.1 All descriptions, weights and sizes of Goods are those of the original manufacturers and do not form part of this agreement and may not be relied upon by you.
7.2 Tank Management is not an expert in any of its Goods. Accordingly, you may not rely on any statements made by Tank Management and/or any of its employees and associates in relation to any Goods offered for sale by Tank Management.
7.3 Tank Management may at any time and without any advance notice to you or any other person make improvements or changes to its Written Material or to any of the Goods.
7.4 Tank Management gives no warranty and makes no representation, express or implied, as to:
7.4.1 the adequacy or appropriateness of the Goods ordered for your desired purpose and/or any implied warranty or condition as to merchantability or fitness of the Goods for a particular purpose;
7.4.2 the truth of any information given in its Written Material. You are advised that any Written Material of Tank Management may include technical inaccuracies or typographical errors;
7.4.3 the compliance of the Goods with any law;
7.4.4 non-infringement of any right by Tank Management in relation to the Goods.
7.5 Tank Management is not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of the website of Tank Management, the purchase of the Goods and their use.
7.6 Except for a claim for personal injury, the liability of Tank Management for any claim against Tank Management is limited to the value of the Goods you have purchased.
You agree to indemnify Tank Management against any claim or demand, including reasonable legal fees, made by any third party due to or arising in any way out of your use of the Goods or the infringement by you of any intellectual property right or other right of any person.
If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
10 No Waiver
No waiver by Tank Management in exercising any right, power or provision hereunder shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.
11 Dispute Resolution
In the event of a dispute arising out of or in connection with these terms or any contract between you and Tank Management, then you agree to attempt to settle the dispute by engaging in good faith with Tank Management in a process of mediation before commencing any arbitration or litigation.
12 Force majeure
Tank Management is not liable and is hereby released by you from any claim, liability or responsibility pursuant to this agreement concerning any failure by Tank Management to perform any obligation under this agreement where such a failure is due to strike, lock-out, riot, industrial action, fire, storm, tempest, act of God, material shortage, government law or regulation or requirement or any other cause beyond the control of Tank Management and no such failure shall entitle you to terminate this agreement.
13 Governing Law and Jurisdiction
13.1 This agreement shall be governed by and construed in accordance with the law of the State of New South Wales, Australia.
13.2 Any legal action or proceedings with respect this agreement against any party or any of its property and assets may be brought in the Courts of the State of New South Wales, Australia, and by execution and delivery of this agreement, that party accepts, for itself and in respect of its property and assets, generally and unconditionally the non-exclusive jurisdiction of the Courts of the State of New South Wales, Australia.
13.3 The United Nations Convention for the International Sale of Goods shall not apply to this agreement or any purchase of Goods hereunder.