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Currency - All prices are in AUD

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Terms and Condition

All goods and services are sold by Southern Tank Services Ltd (The Company) on the basis that the conditions printed below are incorporated in the contract and supersede all conditions of the buyers order or other conditions unless otherwise agreed between the Company and the buyer in writing and that no addition thereto or variation therein shall be made or implied unless so agreed.

  1. No contractual obligation shall arise in respect of goods or services specified in any quotation made by the Company (whether or not such quotation is expressed to remain open for any specified period) until the buyer has placed an order for the goods or services and the Company has accepted that order in writing.
  2. Unless otherwise agreed between the Company and the buyers in writing, all prices are based on the costs at the date of the Company’s quotation, and may at any time by notice in writing to the buyer, in- crease all or any of its prices for the goods or services and any contract work so as to reflect any in- crease in the cost to the Company of the materials, labour and other production costs and transport occurring between the said date and completion of delivery or works by reason of delay by the buyers in supplying to the Company sufficient information to enable it to proceed forthwith upon receipt of the buyers order.
  3. All specifications, data and drawings supplied by the Company are approximate only and the descriptions and illustrations contained within the Company’ s catalogues, circulars and other advertising matter are only a general indication of the type of goods and services offered and do not form part of the con- tract. The Company reserves the right in executing orders to include at its option un-catalogued improvements.
  4. Any performance facts or figures given by the Company are based on its experience and are such as the Company expects to obtain on tests. The Company cannot accept liability if these figures are not obtained unless the Company specifically guarantees them in writing. The buyer assumes liability for the capacity and performance of the goods being sufficient and suitable for his purpose.
  5. All goods supplied or works carried out at the request of the buyer, not included in the original order, will be additionally charged for at the Company’s current prices and rates.
  6. At all times quotes for dispatch or completion shall be treated as estimates only and the Company shall not be liable in any manner whatsoever for failure to comply therewith.
  7. If the Company arranges to store any goods on the buyers behalf, at any time after notice has been given that such goods are ready for delivery, either at the Company’s premises or elsewhere, all expenses incurred for storage and insurance shall be charged to the buyers account.
  8. Unless otherwise agreed between the Company and the buyer in writing, payment of the price and other charges is due in full upon the buyer’s receipt of invoice.
  9. In all cases where the contract provides for delivery by installments or part deliveries, each installment or part delivery shall be deemed to be a separate contract, and cancellation of any one installment or part delivery shall not avoid or affect contracts as the other installments or part deliveries.
  10. Until the price for all goods or services supplied (whether or not the goods are to be installed), together with all increased and additional charges if any, pursuant to these conditions, has been fully paid to the Company, the buyer shall remain a bailee only of such goods which shall remain the Company’s property. The Company is entitled at any time to terminate such bailment and retake possession of and remove any goods not fully paid for; pending complete payment, the buyer shall keep such goods insured to the full value and shall not sell, dispose of or part with possession thereof and shall indemnify the Company against any loss or injury thereto, howsoever arising.
  11. The Company may at its option, cancel or withhold all further deliveries under the contract in the event that any debt is due and payable to it by the buyer but is unpaid or in the event that the buyer, being an individual or firm, shall become bankrupt or being a Company, shall enter into liquidation or in the case of any such person, shall enter into an arrangement or composition with his or its creditors.
  12. If any goods supplied by the Company are reported within twelve months of their receipt to be defective in material or workmanship and are found by the Company to be defective owing to faulty material or workmanship by the Company, the Company shall at its option either rectify the defects free of charge or replace the goods free of charge or credit the buyer with the invoice price of the goods or give the buyer a reasonable allowance on account of the defects.
  13. Where the Company seeks to gain approval to carry out work from a relevant regulatory body no guarantee is written or implied that such approvals may be granted. It is the obligation of the buyer to assure himself that such approvals may be granted prior to the placing of any order with the Company. It is further the obligation of the buyer to keep informed all relevant regulatory body’s on the progress of works. If applicable, the buyer should at all times be aware of the conditions of his license to store Petroleum Spirit and ensure that he abides by the letter and the spirit of such license.
  14. The Company is not responsible for any additional works which may become necessary in order to up- grade an existing petroleum installation to conform to current Petroleum or other relevant regulations as a result of an application for approval to carry out works being made on the buyers behalf by the Company. If instructed by the buyer to carry out such works the Company may charge in accordance with its current rates.
  15. Where it is required by the buyer or proposed by the Company to reuse existing underground cable or pipe ducting systems it will be assumed that any such ducting will be free of obstruction and in a suitable condition to allow reuse. The Company may charge in accordance with its current rates to carry out any additional works which may become necessary if throughout the course of the works any cable or pipe ducting system proves unsuitable for further use.
  16. Where it is required by the buyer or proposed by the Company to reuse existing electrical cables and equipment it will be assumed that any such cables or equipment will be in a suitable condition to allow reuse. The Company may charge in accordance with its current rates to carry out any additional works which may become necessary if throughout the course of the works any such cables or equipment prove unsuitable for further use.
  17. Where it is required by the buyer or proposed by the Company to reuse existing pipework or equipment it will be assumed that such pipework or equipment will be in a suitable condition to allow reuse. The Company may charge in accordance with its current rates to carry out any additional works which may become necessary if throughout the course of the works any such pipework or equipment prove unsuitable for further use. Any pressure test of the pipework or equipment undertaken is no guarantee of future suitability of use.  The company will not be held liable for any loss or remediation caused by subsequent failure of pipework and equipment.
  18. During excavations the Company can only accept responsibility for damage caused to existing underground services which have been clearly identified on a site drawing by the buyer and are located in the position indicated on such a drawing. The Company may charge in accordance with its current rates to carry out any additional works which may become necessary as a result of existing underground services being in a location other than as indicated on the site drawing supplied by the buyer.  Any unknown underground obstacles encountered during excavations may affect schedule timing and plant required or make the proposed excavation impractical.  The company will make this known in a timely manner and an alternative arrangement agreed in accordance of its current rates.
  19. Where the buyer proposes to carry out part of the works either by himself or by his appointed contractor the Company reserves the right to charge in accordance with its current rates for any delay and time lost as a consequence of the works being not ready or unsuitable for the Company to proceed as a result of the buyer or his contractor not completing their part of the works by the agreed date or to a standard acceptable to the Company.
  20. Where the company or buyer propose a temporary holding tank, the company will decide if a safe connection to the tank and any appliances can be made.  Any temporary tank will remain the property of the company. No third party may fill or refill the temporary tank. A temporary tank is for emergency use and therefore may not conform to current buildings regulations.  The company reserves the right to remove the temporary tank at any time. The company will not be held responsible for loss of damage cause by unauthorised use or modification of the temporary tank during its intended use.
  21. The Company’s prices are based on the assumption that it’s liability under any order is limited to the remedies set out in the foregoing conditions to the entire exclusion of any other remedy which, but for this condition, the buyer might have. Accordingly the Company gives no representation, condition, warranty or any other undertaking whether express or implied by statute, common law, custom or otherwise in relation to the contract or the goods or workmanship the subject of the contract or the performance and delivery of the contract, and every representation, condition, warranty or other undertaking in relation thereto whether express or implied by statute, common law, custom or otherwise and whether made or given before or after the date of the order or acceptance thereof hereby excluded for all purposes. Save as provided in the foregoing conditions, the Company shall be under no liability of any sort (howsoever arising) and shall not in any circumstances be liable for any damage, injury, direct or consequential or other loss of profits or costs charges and expenses, howsoever arising.
  22. If at any time in question, dispute or difference whatsoever shall arise between the buyer and the Company upon or in relation to or in connection with the supply or installation of the goods or the services provided, either the buyer or the Company may give to the other notice in writing of the existence of such question, dispute or difference and the same shall be referred to the arbitration of a person to be mutually agreed upon. The arbitration shall be in accordance with the Arbitration Act 1950 or any statutory modification or re-enactment thereof for the time being in force.
  23. These conditions and any contract made in accordance therewith shall be construed and take effect in accordance with English Laws and any such contract shall be deemed to have been made in England.
  24.