Terms and Conditions

Definition: In the interpretation of this contract, the “Client” means the person, firm or company to whom the quotation, order confirmation or invoice is addressed and the “Goods” means the goods specified in the quotation or invoice of offer overleaf.

1. Price:

1.1 The price quoted in this schedule is firm subject to our payment terms and conditions being fulfilled within fourteen days and is subject to revision on layout and materials after this period.

1.2 Price subject to final choice and mutual agreement in respect of colours, materials and finish.

1.3 A minimum 40% deposit is to accompany any official order with further progress payments as requested and final balance on completion or on advice from us that completed goods are ready for delivery.

1.4 Delay in payment of balance incurs interest at 2% per month.

2. Cancellations:

2.1 Should the order be cancelled by the Client after a signed Acceptance of Quotation or a Purchase Order has been received by Durotank, the client shall be liable to pay a minimum cancellation fee of ten percent (10%) of the agreed upon purchase price, within 30 days.

2.2 Should the order be cancelled by the Client after production has commenced by Durotank, the client shall be liable to pay a minimum cancellation fee of thirty percent (30%) of the agreed upon purchase price, within 30 days.

2.3 Should for any reason Durotank cancel the order to no fault of the Client, no cancellation fee will apply.

3. Risk:

3.1 If Durotank retains ownership of the Goods nonetheless, all risks for Goods passes to the client on delivery.

3.2 If any of the Goods are damaged or destroyed following delivery but prior to ownership passing the Client, Durotank is entitled to receive all insurance proceeds payable for the Goods.

3.3 The Client acknowledges that Goods supplied may vary in shade, colour, texture, surface, finish, markings, etc.

3.4 Durotank reserves the right to change the materials used in manufacture of the Goods in order to take advantage of any technical developments, improvements or modifications that Durotank considers desirable.

3.5 Durotank shall accept NO responsibility for work undertaken by any third party contractor employed by Durotank.

4. Delivery of Goods:

4.1 Unless the Client has requested Durotank to make special delivery arrangements the risk in respect of the Goods shall pass to the Client upon delivery to the Clients premises or the nominated carriers depot. The Client shall provide or cause to be provided full and clear access for delivery and will at its own expense provide all necessary assistance in unloading the goods at the nominated place of delivery.

4.2 Where the Client has requested special delivery arrangements (i.e. other than Durotank delivering to Clients premises) risk in respect of Goods shall pass to the Client upon the Goods leaving the premises of Durotank in Lake Cargelligo. Durotank will NOT in any circumstances accept liability for damage, shortage or loss during transit.

4.3 If delivery of the Goods by Durotank is delayed for any reason other than its own negligence the Client shall be liable for extra charges, losses or expenses incurred by Durotank and the customer and the customer shall not be entitles to cancel this contract by reason thereof.

4.4 The failure of Durotank to deliver shall not entitle either party to treat this contract as repudiated. Durotank shall not be liable for any loss or damage whatsoever due to failure by Durotank to deliver the Goods (or any of them) promptly or at all, where due to circumstances beyond the control of Durotank.

5. Title/Transfer:

5.1 Durotank and the Client agree that ownership of the Goods shall not pass until:

(a) The Client has paid Durotank all amounts owing for the particular Goods; and

(b) The Client has met all other obligations due by the Client to Durotank in respect of all contracts between Durotank and Client.

5.2 It is further agreed that:

(a) Where practical the Goods shall be kept separate and identifiable until Durotank have received payment.

(b) Durotank shall have the right of stopping the Goods in transit whether or not the delivery has been made.

(c) If the Client fails to return the Goods to Durotank then Durotank or Durotank’s agent may enter upon and into land and premises owned, occupied or used by the Client, or any premises as the invitee of the Client, where the Goods are situated and take possession of the Goods.

(d) Durotank can issue proceedings to recover the price of the Goods sold not withstanding that ownership of the Goods may not have passed to the client and,

(e) Until such time that ownership of the Goods passes to the Client, if the Goods are converted into other products, the parties agree that Durotank will be the owner of the end products.

6. Defects:

6.1 The Client shall inspect the Goods on delivery and shall within thirty (30) days

of delivery (time being of the essence) notify Durotank of any alleged defect,

shortage in quantity, damage or failure to comply with description or quote.

6.2 The Client shall afford Durotank an opportunity to inspect the Goods within

a reasonable time following delivery if the Client believes the Goods are defective

in any-way. If the Client shall fail to comply with these provisions the Goods shall

be presumed to be free from any defect or damage.

6.3 For defective goods, which Durotank has agreed in writing that the Client is entitled to reject, Durotank’s liability is limited to either (at Durotank’s discretion) replacing the Goods or repairing the Goods except where the Client has acquired Goods as a consumer within the meaning of the Trade Practices Act 1974 (CWith)or the fair trading Acts of the relevant state or territories of Australia, and is therefore also entitled to, at the consumers discretion either a refund of the purchase price of the Goods, or repair of the Goods, or replacement of the Goods.

7. Returns:

7.1 Returns will only be accepted provided that:

(a) Durotank has agreed in writing to accept the return of the Goods; and

(b) The Goods are returned at the Clients cost within thirty (30) days of the delivery date; and

(c) The Goods are returned in the condition in which they were delivered.

7.2 Durotank may (at their sole discretion) accept the return of Goods for credit but this may incur a handling fee of up to ten percent (10%) of the value of the returned Goods plus any freight costs.

8.Warranty:

8.1 Durotank warrants that if any defect in any workmanship of Durotank becomes apparent and is reported to Durotank within thirty-six (36) months of the date of delivery (time being of the essence) then Durotank will either (at Durotank’s sole discretion) replace or remedy the workmanship.

8.2 The conditions applicable to the warranty given by clause 8.1 are:

(a) The warranty shall not cover any defect or damage which may be cause or partly caused by arise through:

(b) Failure on part of the Client to properly maintain any Goods; or

1. Failure on the part of the Client to follow any instructions or guidelines provided by Durotank or

2. Any use of any Goods otherwise than for any application specified on a quote or order form; or

iii. The continued use of any Goods after any defect becomes apparent or would have become apparent to a reasonably prudent operator or user; or

1. Fair wear and tear, any accident or act of God.

(c) The warranty shall cease and Durotank shall thereafter in no circumstances be liable under the terms of the warranty if the workmanship is repaired, altered or overhauled without Durotank’s consent.

8.3 For Goods not manufactured by Durotank, the warranty shall be the current warranty provided by the manufacturer of the Goods. Durotank shall not be bound by nor be responsible for any term, condition, representation or warranty other than that which is given by the manufacture of the Goods.

9. Default and Consequences of Default:

9.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and one half percent (2.5%) per calendar month (and at Durotank’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.

9.2 In the vent that the Clients payment is dishonoured for any reason the Client shall be liable for any dishonour fees incurred by Durotank.

9.3 If any account remains overdue after forty-five (45) 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.

9.4 Without prejudice to Durotank’s other remedies at law Durotank shall be entitled to cancel all or any part of any order of the Client which remains unfilled and all amounts owing to Durotank shall, whether or not due for payment, become immediately payable.

10. Security and Charge:

10.1 Despite anything to the contrary contained herein or any other rights which Durotank may have howsoever:

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

(b) Should Durotank elect to proceed in any manner with this clause and/or subclauses, the Client and/or the Guarantor shall indemnify Durotank from and against all Durotank’s costs and dismemberments including legal costs on a solicitor and own Client basis.