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Our Terms and Conditions

1. Definitions

“Conditions” means these conditions of sale (which are subject to change from time to time without notice to any customer);
“Customer” means a person, firm or corporation (and includes their agents and/or representatives), jointly and severally if there is more than one, acquiring goods from the Supplier;

“Goods” means goods supplied from the supplier to the customer;
“GST” means the goods and services tax as defined in A New Tax System (Goods and services Tax) act 1999 as amended; and
“Supplier” means Australian Tank Manufacturers Pty Ltd aka AUSTANK®
(ABN 38 153 512 308) 5 Sonia Street, Carrum Downs, Victoria 3201

2. Bases of Contract

2.1  Unless otherwise agreed by the supplier in writing, these Conditions apply exclusively to every contract for the sale of goods by the supplier to the customer and cannot be varied or supplanted by any other condition without the prior written consent of the supplier.

2.2  Any written quote provided by the supplier to the customer concerning the proposed supply of goods is valid for 30 days and is an invitation only to the customer to place an order based upon that quotation. The conditions may include additional terms in the Supplier’s quotation provided that such additional terms are not inconsistent with these Conditions.

3. Payment

3.1  Payment for goods supplied by the supplier on an initial order is to be made under the following terms:

a. All orders require a Deposit of 50% which will be invoiced on receipt of P/O payable 7 days or as negotiated.

b. A progress payment will be invoiced at the end of the month if applicable, payable 7 days.

c. Balance of payment to be invoiced upon completion and paid prior to delivery.

3.2  If credit terms are extended by the Supplier, payment for goods must be made within 30 days of the end of month in which the Suppliers invoice is raised.

3.3  If requested by the Supplier, the customer must present the Supplier with a letter of credit at the time of order of the goods for the value of the goods supplied.

3.4  Credit terms may be revoked or amended at the sole discretion of the Supplier upon the giving of written notice to the Customer

3.5  Payment by the customer will be subject to the supplier providing a tax invoice for GST purposes.

3.6  Goods remain the property of Austank® until full payment is received.

4. Payment Default

4.1 If the customer defaults in payment by the due date of any amount payable to the supplier, then all money which would become payable by the customer to the supplier at a later date on any account, becomes immediately due and payable without the requirement of any notice to the customer, and the supplier may, without prejudice to any other remedy available to it:-

a) Charge the customer interest on any sum due at the prevailing rate pursuant to the Penalty Interest Rates Act 1983 plus 4 per cent for the period from the due date until the date of payment in full;

b)  Charge the customer for all expenses and costs (including legal costs on a solicitor/own client basis) incurred by it resulting from the default and in taking whatever action it deems appropriate to recover any sum due;

c)  Cease or suspend for such period as the supplier thinks fit, supply of any further goods to the customer; and

d)  By notice in writing to the customer, terminate any contract with the customer so far as unperformed by thesupplier;

Without effect on the accrued rights of the supplier under any contract.

4.2 Clauses 4.1(c) and (d) may also be relied upon, at the option of the supplier:

(a)  where the customer in an individual and becomes bankrupt or enters into any scheme of arrangement or anyassignment or composition with or for the benefit of his or her creditors or any class of his or her creditors generally;or

(b)  where the customer is a corporation and, it enters into any scheme or arrangement or any assignment or compositionwith or for the benefit of its creditors generally, or has a liquidator, administrator, receiver or receiver and manager appointed, or any action is taken for, or with the view to, the liquidation (including provisional liquidation), winding up or dissolution without winding up of the customer.

5. Passing of Property

Until full payment in cleared funds is received by the supplier for all goods supplied by it to the customer, as well as all other amounts owing to the supplier by the customer

(a)  Title and property in all goods remain vested in the supplier and do no pass to the customer;

(b)  The customer must hold the goods as fiduciary bailee and agent for the supplier;

(c)  The customer must keep the goods separate from its goods and maintain the labeling and packaging of the supplier

(d)  The customer is required to hold the proceeds of any sale of the goods to a third party (“Purchaser”) on trust for the supplier and in the event the purchaser uses the goods in some manufacturing or construction process of its own or some other third party, the purchaser shall hold such part of the proceeds of such manufacturing or construction process as relates to the goods in trust to the supplier; and

(e)  The supplier may without notice, enter any premises where it suspects the goods may be and remove them, and for this purpose the customer irrevocably licenses the supplier to enter such premises and also indemnifies the supplier from and against all costs, claims, demands or actions by any party arising from such action.

6. Pricing

6.1  Prices quoted for the supply of goods exclude:

(a)  GST; and

(b)  The cost of freight, insurance and other charges arising from the point of dispatch of the goods to the Customer to the point of delivery

6.2  Unless otherwise agreed between the Supplier and the Customer, in addition to the price of goods, the customer must pay to the supplier any amounts specified in clauses 6.1(a) and (b).

6.3  Prices quoted for the supply of goods are subject to change without notice unless otherwise stated.

7. Risk and Insurance

The risk in the goods and all insurance responsibility for theft, damage or otherwise in respect of the goods will pass to the Customer immediately upon loading of the goods to the confirmed carrier by the nominated by the Customer.

8. Performance of Contract

8.1  Any period or date for delivery of goods or provision of services stated by the Supplier is intended as an estimate and is not a contractual commitment. The Supplier will use its best reasonable endeavours to meet any estimated dates for delivery of the goods or completion of the services.

8.2  A completed driver’s delivery docket whether signed by the driver or the customer or its employee or agent will be proof of delivery of goods invoiced.

8.3  Where goods are collected by the customer from the Suppliers premises, the supplier’s delivery docket signed by the customer or its employee or agent will be proof of delivery of goods invoiced.

9. Warranties

Refer to Austank® Standard Warranty Clause

10. Cancellation

10.1  If, through circumstances beyond the control of the Supplier, the Supplier is unable to effect delivery of or provide the goods, then the Supplier may cancel the customer’s order (even if it has already been accepted) by notice in writing to the customer.

10.2  No purported cancellation or suspension of an order or any part thereof by the customer is binding on the supplier after that order has been accepted by the supplier.

10.3  Cancellation schedule in percentage according to each production milestones will be 60% six weeks after order, 80 % eight weeks after order, 100% ten weeks after order.

11. Guarantee and Indemnity

11.1  If the customer is a corporation then the corporation will procure the directors of the Customer at the time entering this agreement, to agree and to undertake to act as guarantors (“guarantors”) to ensure the performance of the Customer under this agreement. By signing this agreement, the directors of the customer accept the terms of this agreement and guarantee.
11.2  The guarantors named in the contract unconditionally and irrevocably jointly and severally guarantee to the Supplier the performance by the Customer of its obligations under these conditions.
11.3 The guarantors jointly and severally indemnify the Supplier against all liabilities which may be incurred by the Supplier caused by the Customer’s failure to perform any of its obligations under these conditions.
11.4 The guarantee and indemnity will be a continuing guarantee and indemnity will not be discharged and the liability of the guarantors will not be affected by any time, waiver or indulgence or admission granted by the supplier to the customer.

12. Indemnity

The customer indemnifies and will keep indemnified the supplier from any liability, loss, expense or demand arising from any act or omissions by the Supplier including but not limited to false, misleading, deceptive or mis-descriptive representation or statement made by the Supplier regarding the goods to any person.

13. No Set Off

The Customer is not entitled to set off against the price payable under these conditions any amount which is owed or the customer believes is owed to it by the supplier.

14. Jurisdiction

The law of Victoria from time to time governs the conditions and the parties agree to the non-exclusive jurisdiction of the courts of Victoria and of courts entitled to hear appeals from those courts.