Freedom Tanks East Coast Pty Ltd Terms and Conditions of Sale

 

1. Definitions
In these Terms and Conditions of Sale (“Terms”):

• “Seller” means Freedom Tanks East Coast Pty Ltd ABN: 52 157 762 911
• “Buyer” means any person, firm, or entity purchasing goods or services from the Seller.
• “Goods” means all products, tanks, components, materials, and associated items manufactured, supplied, or delivered by the Seller.
• “Services” means any manufacturing, installation, fabrication, design, or related work performed by the Seller.
• “Contract” means the agreement between the Buyer and the Seller for the supply of Goods and/or Services, including these Terms.

2. Application of Terms

2.1 These Terms apply to all quotations, orders, manufacture, supply, and delivery of Goods and Services by the Seller to the Buyer.
2.2 These Terms prevail over any terms and conditions of the Buyer, unless otherwise agreed in writing and signed by an authorised representative of the Seller.
2.3 Placement of an order or acceptance of a quotation constitutes acceptance of these Terms by the Buyer.

3. Quotations and Orders

3.1 Quotations provided by the Seller are valid for the period stated on the quotation or, if no period is stated, for 30 days.
3.2 All orders are subject to written acceptance by the Seller.
3.3 The Seller reserves the right to vary or withdraw a quotation prior to accepting an order.

4. Price and Payment

4.1 Prices are as specified in the Seller’s quotation or as otherwise agreed in writing.
4.2 Unless stated otherwise, prices are exclusive of GST and other applicable taxes.
4.3 Payment terms are strictly on collection or delivery, unless otherwise agreed in writing.
4.4 The Seller may suspend supply or refuse delivery if the Buyer fails to make payment when due.
4.5 Interest may be charged on overdue amounts at a rate of 12% per annum.

5. Delivery and Risk

5.1 Delivery dates are estimates only and not guaranteed.
5.2 Risk in the Goods passes to the Buyer at the earlier of:
(a) delivery to the Buyer’s nominated location; or
(b) collection by the Buyer or its agent.
5.3 The Seller is not liable for delays in delivery.

6. Title Retention

6.1 Title to the Goods remains with the Seller until full payment has been received.
6.2 Until title passes, the Buyer must:
(a) store the Goods separately and clearly identified as the Seller’s property;
(b) not sell, charge, or encumber the Goods except in the ordinary course of business; and
(c) allow the Seller access to recover the Goods if the Buyer defaults. 

7. Specifications and Variations

7.1 All Goods are supplied in accordance with the Seller’s standard specifications unless otherwise agreed in writing.
7.2 The Seller may make reasonable variations to specifications, manufacturing processes, or design where necessary or desirable.

8. Warranty

 
8.1 The Seller warrants that Goods manufactured by it will be free from defects in materials for the warranty period from the date of delivery.
8.2 To the extent permitted by law, the Seller’s liability under this warranty is limited to, at the Seller’s option:
(a) repairing the Goods;
(b) replacing the Goods; or
(c) refunding the purchase price.
8.3 This warranty does not apply to defects arising from:
(a) improper installation, use, handling, or maintenance;
(b) unauthorised repairs or modifications;
(c) fair wear and tear; or
(d) misuse, negligence, or accident.
 

9. Australian Consumer Law

9.1 Nothing in these Terms excludes, restricts, or modifies any consumer guarantees, rights, or remedies under the Australian Consumer Law (ACL) that cannot legally be excluded.
9.2 Where the Buyer is not a “consumer” under the ACL, the ACL consumer guarantees do not apply.

10. Limitation of Liability

10.1 To the maximum extent permitted by law, the Seller’s total liability for any claim arising out of or relating to the supply of Goods or Services, whether in contract, tort (including negligence), equity, statute, or otherwise, is limited to the lesser of:
(a) the amount paid by the Buyer for the relevant Goods or Services; or
(b) the cost of supplying the Goods or Services again.

10.2 Exclusion of Consequential and Indirect Loss:
To the extent permitted by law, the Seller is not liable for any consequential, indirect, or special loss or damage, including (without limitation):

• loss of income;
• loss of revenue;
• loss of profits;
• loss of business or business opportunity;
• loss of production;
• downtime costs;
• damage to reputation or goodwill;
• or any other economic or financial loss,
  whether or not the Seller was aware or ought to have been aware of the possibility of such loss.

10.3 The Buyer indemnifies the Seller for any loss or damage caused by the Buyer’s breach of these Terms.

11. Cancellation

11.1 Orders may only be cancelled with the Seller’s written consent.
11.2 If the Seller consents to cancellation, the Buyer must pay all reasonable costs incurred up to the date of cancellation, including materials, labour, and administrative expenses.

12. Force Majeure

12.1 The Seller is not liable for failure to perform its obligations due to events beyond its reasonable control, including natural disasters, strikes, supply shortages, transport delays, or equipment failure.

13. Governing Law

13.1 These Terms are governed by the laws of the state or territory in Australia where the Seller's principal place of business is located.
13.2 The parties submit to the non-exclusive jurisdiction of the courts of that state or territory.

14. General

14.1 Any variation to these Terms must be in writing and signed by an authorised representative of the Seller.
14.2 If any provision of these Terms is found invalid or unenforceable, it will be severed without affecting the validity of the remaining provisions.
14.3 The Buyer must not assign its rights or obligations under these Terms without the Seller’s consent.