Definitions

1. “Anglomoil” shall mean Anglo Australia Pty Ltd, its successors and assigns or any person acting on behalf of and with the authority of Anglo Australia Pty Ltd.

2. “Customer” shall mean the Customer (or any person acting on behalf of and with the authority of the Customer) as described on any quotation, work authorisation or other form as provided by ANGLOMOIL to the Customer.

3. “Guarantor” means that person (or persons) who agrees to be liable for the debts of the Customer on a principal debtor basis.

4. “Goods” shall mean all Goods supplied by ANGLOMOIL to the Customer (and where the context so permits shall include any supply of Services as hereinafter defined) and are as described on the invoices, quotation, work authorisation or any other forms as provided by ANGLOMOIL to the Customer.

5. “Services” shall mean all Services supplied by ANGLOMOIL to the Customer and includes any advice or recommendations (and where the context so permits shall include any supply of Goods as defined above).

6. “Price” shall mean the Price payable for the Goods as agreed between ANGLOMOIL and the Customer in accordance with clause 4 of this contract.

The Competition and Consumer Act 2010 (“CCA”) and Fair Trading Acts (“FTA”)

1. Nothing in this agreement is intended to have the effect of contracting out of any applicable provisions of the CCA or the FTA in each of the States and Territories of Australia (including any substitute to those Acts or re-enactment thereof), except to the extent permitted by those Acts where applicable.

2. Where the Customer buys Goods as a consumer these terms and conditions shall be subject to any laws or legislation governing the rights of consumers and shall not affect the consumer’s statutory rights.

Acceptance

2. Where more than one Customer has entered into this agreement, the Customers shall be jointly and severally liable for all payments of the Price.

3. Upon acceptance of these terms and conditions by the Customer the terms and conditions are binding and can only be amended with the written consent of ANGLOMOIL.

4. The Customer shall give ANGLOMOIL not less than fourteen (14) days prior written notice of any proposed change of ownership of the Customer or any change in the Customer’s name and/or any other change in the Customer’s details (including but not limited to, changes in the Customer’s address, facsimile number, or business practice). The Customer shall be liable for any loss incurred by ANGLOMOIL as a result of the Customer’s failure to comply with this clause.

5. Goods are supplied by ANGLOMOIL only on the terms and conditions of trade herein to the exclusion of anything to the contrary in the terms of the Customer’s order notwithstanding that any such order is placed on terms that purport to override these terms and conditions of trade.

6. The Customer shall be solely liable for, and hereby indemnifies ANGLOMOIL against, all loss or damage that is incurred due to the Customer disposing of the Goods in any manner that does not comply with any State or Federal legal requirements relating to the disposal of the Goods. ANGLOMOIL’s limitation of liability shall include all actions, proceedings, claims, demands, liabilities, either express or implied, and all costs, losses, losses of profit, damages and expenses whatsoever which may be taken against ANGLOMOIL or incurred or become payable by ANGLOMOIL.

Price and Payment

2. ANGLOMOIL reserves the right to change the Price in the event of a variation to ANGLOMOIL’s quotation. Any variation from the quantity or specifications of the Goods (including, but not limited to, any variation as a result of fluctuations in currency exchange rates or increases to ANGLOMOIL in the cost of materials) will be charged for on the basis of ANGLOMOIL’s quotation and will be shown as variations on the invoice.

3. Time for payment shall be of the essence and will be stated on the invoice, statement or any other forms. If no time is stated then payment shall be due thirty (30) days following the end of the month in which the invoice(s) and/or statement is posted to the Customer’s address, or address for notices.

4. Payment will be made by cash, cheque, credit card (Mastercard or Visa only), direct credit, or by any other method as agreed to between the Customer and ANGLOMOIL.

5. GST and other taxes and duties that may be applicable shall be added to the Price except when they are expressly included in the Price.

Delivery of Goods

2. At ANGLOMOIL’s sole discretion the costs of delivery are:
(a) included in the Price; or
(b) in addition to the Price and, where applicable, charged to the Customer’s account.

3. The Customer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery. In the event that the Customer is unable to take delivery of the Goods as arranged then ANGLOMOIL shall be entitled to charge a reasonable fee for redelivery.

4. Delivery of the Goods to a third party nominated by the Customer is deemed to be delivery to the Customer for the purposes of this agreement.

5. ANGLOMOIL may deliver the Goods by separate instalments. Each separate instalment shall be invoiced and paid in accordance with the provisions in these terms and conditions.

6. The Customer shall take delivery of the Goods tendered notwithstanding that the quantity so delivered shall be either greater or lesser than the quantity purchased provided that:
(a) Such discrepancy in quantity shall not exceed five percent (5%);
(b) the Price shall be adjusted pro rata to the discrepancy.

7. ANGLOMOIL shall not be liable for any loss or damage whatsoever due to failure by ANGLOMOIL to deliver the Goods (or any of them) promptly or at all due to circumstances beyond the control of ANGLOMOIL, nor shall such delay entitle the Customer to consider this agreement repudiated.

Risk

2. If any of the Goods are damaged or destroyed following delivery but prior to ownership passing to the Customer, ANGLOMOIL is entitled to receive all insurance proceeds payable for the Goods. The production of these terms and conditions by ANGLOMOIL is sufficient evidence of ANGLOMOIL’s rights to receive the insurance proceeds without the need for any person dealing with ANGLOMOIL to make further enquiries.

3. Where the Customer expressly requests ANGLOMOIL to leave Goods outside ANGLOMOIL’s premises for collection or to deliver the Goods to an unattended location then such Goods shall be left at the Customer’s sole risk and it shall be the Customer’s responsibility to ensure the Goods are insured adequately or at all.

Title

2. Receipt by ANGLOMOIL of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised and until then ANGLOMOIL’s ownership or rights in respect of the Goods shall continue.

3. It is further agreed that:
(a) where practicable the Goods shall be kept separate and identifiable until ANGLOMOIL shall have received payment and all other obligations of the Customer are met; and
(b) until such time as ownership of the Goods shall pass from ANGLOMOIL to the Customer ANGLOMOIL may give notice in writing to the Customer to return the Goods or any of them to ANGLOMOIL. Upon such notice the rights of the Customer to obtain ownership or any other interest in the Goods shall cease; and
(c) ANGLOMOIL shall have the right of stopping the Goods in transit whether or not delivery has been made; and
(d) if the Customer fails to return the Goods to ANGLOMOIL then ANGLOMOIL or ANGLOMOIL’s agent may (as the invitee of the Customer) enter upon and into land and premises owned, occupied or used by the Customer, or any premises where the Goods are situated and take possession of the Goods; and
(e) the Customer is only a bailee of the Goods and until such time as ANGLOMOIL has received payment in full for the Goods then the Customer shall hold any proceeds from the sale or disposal of the Goods, up to and including the amount the Customer owes to ANGLOMOIL for the Goods, on trust for ANGLOMOIL; and
(f) the Customer shall not deal with the money of ANGLOMOIL in any way which may be averse to ANGLOMOIL; and
(g) the Customer shall not charge the Goods in any way nor grant nor otherwise give any interest in the Goods while they remain the property of ANGLOMOIL; and
(h) ANGLOMOIL can issue proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods may not have passed to the Customer; and
(i) until such time that ownership in the Goods passes to the Customer, if the Goods are converted into other products, the parties agree that ANGLOMOIL will be the owner of the end products.

Personal Property Securities Act 2009 (“PPSA”)

(a) financing statement has the meaning given to it by the PPSA;
(b) financing change statement has the meaning given to it by the PPSA;
(c) security agreement means the security agreement under the PPSA created between the Customer and ANGLOMOIL by these terms and conditions; and
(d) security interest has the meaning given to it by the PPSA.

2. Upon assenting to these terms and conditions in writing the Customer acknowledges and agrees that these terms and conditions:

(a) constitute a security agreement for the purposes of the PPSA; and (b) create a security interest in:
(i) all Goods previously supplied by ANGLOMOIL to the Customer (if any);
(ii) all Goods that will be supplied in the future by ANGLOMOIL to the Customer.

3. The Customer undertakes to:

(a) promptly sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which ANGLOMOIL may reasonably require to:
(i) register a financing statement or financing change statement in relation to a security interest on the Personal Property Securities Register;
(ii) register any other document required to be registered by the PPSA; or
(iii) correct a defect in a statement referred to in clause 8.3(a)(i) or 8.3(a)(ii);
(b) indemnify, and upon demand reimburse, ANGLOMOIL for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register established by the PPSA or releasing any Goods charged thereby;
(c) not register a financing change statement in respect of a security interest without the prior written consent of ANGLOMOIL;
(d) not register, or permit to be registered, a financing statement or a financing change favour of a third party without the prior written consent of ANGLOMOIL; and
(e) immediately advise ANGLOMOIL of any material change in its business practices of selling change in the nature of proceeds derived from such sales.

4. ANGLOMOIL and the Customer agree that sections 96, 115 and 125 of the PPSA do not apply to the security agreement created by these terms and conditions.

5. The Customer hereby waives its rights to receive notices under sections 95, 118, 121(4), 130, 132(3)(d) and 132(4) of the PPSA.

6. The Customer waives its rights as a grantor and/or a debtor under sections 142 and 143 of the PPSA.

7. Unless otherwise agreed to in writing by ANGLOMOIL, the Customer waives its right to receive a verification statement in accordance with section 157 of the PPSA.

8. The Customer shall unconditionally ratify any actions taken by ANGLOMOIL under clauses 8.3 to 8.5.

Security and Charge

(a) where the Customer and/or the Guarantor (if any) is the owner of land, realty or any other asset capable of being charged, both the Customer and/or the Guarantor agree to mortgage and/or charge all of their joint and/or several interest in the said land, realty or any other asset to ANGLOMOIL or Anglomoil’s nominee to secure all amounts and other monetary obligations payable under these terms and conditions. The Customer and/or the Guarantor acknowledge and agree that ANGLOMOIL (or Anglomoil’s nominee) shall be entitled to lodge where appropriate a caveat, which caveat shall be withdrawn once all payments and other monetary obligations payable hereunder have been met.

(b) should ANGLOMOIL elect to proceed in any manner in accordance with this clause and/or its sub-clauses, the Customer and/or Guarantor shall indemnify ANGLOMOIL from and against all Anglomoil’s costs and disbursements including legal costs on a solicitor and own client basis.

(c) the Customer and/or the Guarantor (if any) agree to irrevocably nominate constitute and appoint ANGLOMOIL or Anglomoil’s nominee as the Customer’s and/or Guarantor’s true and lawful attorney to perform all necessary acts to give effect to the provisions of this clause 9.1.

Returns

By making a purchase with ANGLOMOIL, you acknowledge and agree to the terms listed below:

(a) Products ordered in error can be returned within seven (7) days from the date of receiving the goods. No returns will be accepted after this period.

(b) All product returns must be authorised by ANGLOMOIL by requesting a Product Return Authorisation (PRA) number. To request a PRA number, please contact our customer service team by calling 1300 264 566. Unauthorised returns will not be accepted.

(c) All products being returned must be in their original, unopened, tags, and accessories intact. Products must not show any signs of wear, damage, or alteration. ANGLOMOIL reserves the right to refuse returns or exchanges if the product does not meet these criteria.

(d) Some products are non-refundable, including but not limited to perishable items, customised, or personalised products. Returns of these products will not be accepted.

(e) A restocking fee may be applicable to all returned products approved by ANGLOMOIL. The restocking fee will be charged at fifteen percent (15%) of the invoice value of the product. This will be communicated to the customer at the time of return request and issuing the PRA.

(f) Any freight charges associated with returning the goods are the responsibility of the customer. ANGLOMOIL will not be responsible for the cost of return shipping.

(g) Once returned products is received and inspected, a credit will be issued to the customer’s account, minus the restocking fee and any applicable deductions. Credits may be applied towards future invoices.

(h) ANGLOMOIL reserves the right to refuse any returns that do not comply with this policy. In the event returned product is shipped to ANGLOMOIL without adherence to the returns policy, the product will be returned to the customer at their expense.

(i) This policy is subject to change without notice, and it is the responsibility of the customer to review and understand the most current version of the policy. Please review our terms of trade at www.anglomoil.com

Defects

The Customer shall inspect the Goods on delivery and shall within seven (7) days of delivery (time being of the essence) notify ANGLOMOIL of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote. The Customer shall afford ANGLOMOIL an opportunity to inspect the Goods within a reasonable time following delivery if the Customer believes the Goods are defective in any way. If the Customer shall fail to comply with these provisions the Goods shall be presumed to be free from any defect or damage. For defective Goods, which ANGLOMOIL has agreed in writing that the Customer is entitled to reject, Anglomoil’s liability is limited to either (at Anglomoil’s discretion) replacing the Goods or repairing the Goods except where the Customer has acquired Goods as a consumer within the meaning of the Competition and Consumer Act 2010 (Cth) or the Fair Trading Acts of the relevant state or territories of Australia, and is therefore also entitled to, at the consumer’s discretion either a refund of the purchase price of the Goods, or repair of the Goods, or replacement of the Goods.

Warranty

Default and Consequences of Default

2. In the event that the Customer’s payment is dishonoured for any reason the Customer shall be liable for any dishonour fees incurred by ANGLOMOIL.

3. If the Customer defaults in payment of any invoice when due, the Customer shall indemnify ANGLOMOIL from and against all costs and disbursements incurred by ANGLOMOIL in pursuing the debt including legal costs on a solicitor and own client basis and Anglomoil’s collection agency costs.

4. Without prejudice to any other remedies ANGLOMOIL may have, if at any time the Customer is in breach of any obligation (including those relating to payment) ANGLOMOIL may suspend or terminate the supply of Goods to the Customer and any of its other obligations under the terms and conditions. ANGLOMOIL will not be liable to the Customer for any loss or damage the Customer suffers because ANGLOMOIL has exercised its rights under this clause.

5. If any account remains overdue after thirty (30) days then an amount of the greater of twenty dollars ($20.00) or ten percent (10%) of the amount overdue (up to a maximum of two hundred dollars ($200.00)) shall be levied for administration fees which sum shall become immediately due and payable.

6. Without prejudice to Anglomoil’s other remedies at law ANGLOMOIL shall be entitled to cancel all or any part of any order of the Customer which remains unfulfilled and all amounts owing to ANGLOMOIL shall, whether or not due for payment, become immediately payable in the event that:
(a) any money payable to ANGLOMOIL becomes overdue, or in Anglomoil’s opinion the Customer will be unable to meet its payments as they fall due; or
(b) the Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(c) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer.

Cancellation

1. ANGLOMOIL may cancel any contract to which these terms and conditions apply or cancel delivery of Goods at any time before the Goods are delivered by giving written notice to the Customer. On giving such notice ANGLOMOIL shall repay to the Customer any sums paid in respect of the Price. ANGLOMOIL shall not be liable for any loss or damage whatsoever arising from such cancellation.

2. In the event that the Customer cancels delivery of Goods the Customer shall be liable for any loss incurred by ANGLOMOIL (including, but not limited to, any loss of profits) up to the time of cancellation.

Privacy Act 1988

2. The Customer agrees that ANGLOMOIL may exchange information about the Customer with those credit providers either named as trade referees by the Customer or named in a consumer credit report issued by a credit reporting agency for the following purposes:

(a) to assess an application by the Customer; and/or
(b) to notify other credit providers of a default by the Customer; and/or
(c) to exchange information with other credit providers as to the status of this credit account, where the Customer is in default with other credit providers; and/or
(d) to assess the creditworthiness of the Customer.

The Customer understands that the information exchanged can include anything about the Customer’s creditworthiness, credit standing, credit history or credit capacity that credit providers are allowed to exchange under the Privacy Act 1988.

3. The Customer consents to ANGLOMOIL being given a consumer credit report to collect overdue payment on commercial credit (Section 18K(1)(h) Privacy Act 1988).

4. The Customer agrees that personal credit information provided may be used and retained by ANGLOMOIL for the following purposes (and for other purposes as shall be agreed between the Customer and ANGLOMOIL or required by law from time to time):

(a) the provision of Goods; and/or
(b) the marketing of Goods by ANGLOMOIL, its agents or distributors; and/or
(c) analysing, verifying and/or checking the Customer’s credit, payment and/or status in relation to the provision of Goods; and/or (d) processing of any payment instructions, direct debit facilities and/or credit facilities requested by the Customer; and/or
(e) enabling the daily operation of Customer’s account and/or the collection of amounts outstanding in the Customer’s account in relation to the Goods.

5. ANGLOMOIL may give information about the Customer to a credit reporting agency for the following purposes:
(a) to obtain a consumer credit report about the Customer;
(b) allow the credit reporting agency to create or maintain a credit information file containing information about the Customer.

15.6 The information given to the credit reporting agency may include:

(a) personal particulars (the Customer’s name, sex, address, previous addresses, date of birth, name of employer and driver’s licence number.
(b) details concerning the Customer’s application for credit or commercial credit and the amount requested.
(c) advice that ANGLOMOIL is a current credit provider to the Customer.
(d) advice of any overdue accounts, loan repayments, and/or any outstanding monies owing which are overdue by more than sixty (60) days, and for which debt collection action has been started.
(e) that the Customer’s overdue accounts, loan repayments and/or any outstanding monies are no longer overdue in respect of any default that has been listed.
(f) information that, in the opinion of ANGLOMOIL, the Customer has committed a serious credit infringement (that is, fraudulently or shown an intention not to comply with the Customers credit obligations).
(g) advice that cheques drawn by the Customer for one hundred dollars ($100) or more, have been dishonoured more than once.
(h) that credit provided to the Customer by ANGLOMOIL has been paid or otherwise discharged.

General

2. If any provisions of these terms and conditions are inconsistent with the PPSA, the PPSA shall prevail to the extent of that inconsistency.

3. These terms and conditions and any contract to which they apply shall be governed by the laws of New South Wales and are subject to the jurisdiction of the courts of Hornsby, New South Wales.

4. ANGLOMOIL shall be under no liability whatsoever to the Customer for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the Customer arising out of a breach by ANGLOMOIL of these terms and conditions.

5. In the event of any breach of this contract by ANGLOMOIL the remedies of the Customer shall be limited to damages which under no circumstances shall exceed the Price.

6. The Customer shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Customer by ANGLOMOIL nor to withhold payment of any invoice because part of that invoice is in dispute.

7. ANGLOMOIL may license or sub-contract all or any part of its rights and obligations without the Customer’s consent.

8. The Customer agrees that ANGLOMOIL may review these terms and conditions at any time. If, following any such review, there is to be any change to these terms and conditions, then that change will take effect from the date on which ANGLOMOIL notifies the Customer of such change. The Customer shall be under no obligation to accept such changes except where ANGLOMOIL supplies further Goods to the Customer and the Customer accepts such Goods.

9. Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the reasonable control of either party.