Terms and Conditions
Payment Terms & Conditions
PLEASE READ THE FOLLOWING IMPORTANT INFORMATION ON PAYMENT REQUIREMENTS
1. In these terms and conditions: -
(a) "the customer" means the individuals, corporation, association, association or firm named as such on the face of this document, or on any other document between M2 RainTanks Pty Ltd ("M2") and the Customer and includes such party's successors, transferees and assigns;
(b) "the Goods" means any and/or materials the particulars of which are specified on this document or any other document in terms of which goods are supplied by M2 to the Customer;
(c) the singular numbers shall include the plural and vice-versa;
(d) words importing any gender shall include the other gender; and
(e) "person" shall include corporation, association, partnership and firm.
2. The customer acknowledges and agrees that it must pay any applicable taxes, charges or imposts in respect of the Goods including but not limited to Goods and Services Tax (GST).
3. Payment for the Goods must be made within the specified time given on the date of invoice which is usually prior to delivery. Failure to pay by the due date may result in a 1.5% per cent interest charge calculated on the amount owed.
4. Cartage will be charged on all deliveries unless otherwise agreed with M2 RainTanks Pty Ltd.
5. Reasonable storage fees may be charged where customer requires M2 RainTanks to hold tanks in store.
6. All prices are subject to market fluctuation and prices charged will be those ruling at the date of delivery.
7. Deposits paid are non-refundable where a purchase order has been processed and products manufactured by the related supplier.
8. All Goods are sold subject to the manufacturer's guarantee and trading terms. Other than any manufacturer's warranty or guarantee, M2 provides no warranty or guarantee with any Goods sold. The Customer acknowledges and agrees that any warranty or guarantee claims must be made against the manufacturer of the Goods.
9. Customers may be entitled to a refund, repair, exchange or credit if the products purchased from M2 RainTanks are faulty. This condition of refund only applies where fault has occurred within the manufacturer's warranty time frame.
10. Customers acknowledge that the onus of proof of fault in the product is the customer's responsibility. The customer is also responsible for the payment of any removal cost or freight charges that may occur resulting from the return of goods. Charges may also apply where a service agent is required to attend the site.
11. In circumstances where it has been agreed to accept the return of non-faulty products it will be the responsibility of the customer to pay for any freight charges which may result in their return. A 20% re-stocking fee will also apply.
12. Information on this web site is not guaranteed to be correct, current, or complete and this site may contain technical inaccuracies or typographical errors. M2 RainTanks aims to update this site for price changes as soon as manufacturers pass on their prices but will not be held responsible for information not being current or accurate. Accordingly, you should confirm the accuracy and completeness of all information you base your purchase on by contacting M2 RainTanks staff before making a decision related to any services, products or other matters described in the site.
13. M2 RainTanks does not promise or guarantee the accuracy of colours of products as they appear on this web site and will not be held responsible for colours not meeting customer requirements. M2 RainTanks recommends customers discuss colours with a sales representative.
14. (a) Not withstanding anything contained elsewhere in this document, the Customer accepts, upon delivery of the Goods, all risk for loss or damage of the Goods whether caused by the Customer or not, and further indemnifies M2 RainTanks against all claims, demands, suits and actions for loss or damage caused by or arising from the handling, transport, storage, display or use of the Goods after the Customer has taken possession of the Goods.
(b) Ownership, property and title in and to the Goods shall only be transferred to the customer when payment in full has been made by the Customer to M2 RainTanks for all sums owing to M2 RainTanks, whether under this agreement or any other contract, agreement or arrangement.
(c) No document affixed to or referring to Goods shall be removed from the Goods and/or destroyed by the customer until such time as title to the Goods has passed to the Customer under these terms and conditions.
(d) Notwithstanding any other agreement, monies owing in respect of the Goods shall become immediately due and payable:-
(i) upon a bankruptcy petition or winding up application as the case may be in respect of the Customer, whether voluntarily or otherwise, being presented to a Court;
(ii) when a receiver or official manager, within the definition of the Corporation Law, is appointed or where an Agent for Mortgagee or any other form of Administrator pursuant to a security interest or Court Order is appointed in respect of the Customer; or
(iii) upon breach of these terms and conditions.
(e) Until the Goods have been paid for in full the Customer shall store the Goods in a manner which clearly indicates the ownership of M2 RainTanks.
(f) If payment of any monies is overdue in whole or in part and the Customer has affixed the Goods to any other goods or property, has mixed the Goods with any other goods or property or has incorporated the Goods into any other goods or property in breach of sub clause
(e), M2 RainTanks may retrieve the goods provided that the retrieval does not damage other goods and/or property to which the Goods have been affixed or mixed, and the Customer shall thereafter continue to be liable to M2 RainTanks for such part or balance of the indebtedness of the Customer to M2 RainTanks after deducting the realisable value (to be determined at the and absolute discretion of M2 RainTanks) of the Goods so retrieved.
15. Any notice or demand in writing required to be given or served hereunder shall be sufficiently served if mailed by pre-paid ordinary post to the address of the Customer last known to M2.
16. Acceptance of the Goods is acceptance of these terms and conditions. No other conditions as implied by the Customer's order or otherwise will be considered unless accepted in writing by M2 RainTanks.
17. The parties hereto acknowledge and adopt both the Victorian law and the Victorian Court and/or Tribunal system as the proper forum in respect of any disputes arising here from.
Delivery Terms & Instructions
PLEASE READ THE FOLLOWING IMPORTANT INFORMATION ON DELIVERY REQUIREMENTS
Delivery charges are based on Melbourne Metropolitan area only, for areas outside of Melbourne metro please contact M2 RainTanks.
Any times made known to the customer for the delivery of the Goods are estimates only, and so far as the law permits, M2 will not be liable for any loss, cost, damage or expense suffered or incurred by the customer as a result of any delay or non-delivery.
Tanks can be delivered to property where there is properly made roads and a large turning area is available. Drivers will need clear access through gates, along roads, over crossings and under trees on your property. It is the owner's responsibility to provide clear access to site, and to secure tank/s once left at site.
Truck and Trailer combination can be up to 19 metres (63ft) long, and can be 5.1 metres (16.75ft) high and 3.5 metres (11.5ft) wide. Please work on this worst case scenario when assessing your access, because even though your tank may be relatively small, the next tank being delivered could be the largest manufactured.
The turning circle of the largest truck and trailer combination is 24 metres (80ft) and ground clearance can be as low as 150mm (6"). We also advise that it is very difficult to unload a tank on a sloping site. All drivers are instructed to avoid any risk to personal safety or property damage. If the driver cannot reach the location, the tank/s will be left at the closest practical position at the drivers's discretion. Crane hire or any other equipment hire is at the expense of the purchaser.
It is important that you make us aware of any potential problem in relation to site access. When reviewing access, questions such as turning circle clearance between gates, road condition, location of trees and whether the site is flat or on a hill are all important, but variables such as weather conditions, if the ground will be dry or boggy should also be noted.
Prior to delivery of your tank, you will be contacted to confirm delivery details, at that time you will be asked to confirm that you have received and read these instructions.
The Driver will need help to unload your tank. In accordance with O H & S requirements, the customer must be present at the time of delivery. If this is not possible, arrangements must be made by the customer to ensure the driver will have the necessary assistance. Please make sure the assistance available is physically capable of helping the driver at the time of delivery.
NUMBERS OF PEOPLE REQUIRED TO HELP DRIVER UNLOAD TANK/S.
A minimum of 3 able bodied persons to help driver unload tanks/s 10,000 litres and over. In the event that the customer wants help to place tanks/s on its pad, it is up to the customer to have at least 6 able bodied persons to help. it is not the driver's job to install tank/s or place in position. This is to be arranged by the customer receiving the tank/s.
PLEASE CONSIDER SITE ACCESS AND THE ASSISTANCE REQUIRED CAREFULLY. IF DRIVER IS UNABLE TO COMPLETE A DELIVERY FOR ANY OF THE ABOVE ISSUES AND THE TANK/S HAVE TO BE RETURNED TO PLACE OF MANUFACTURE A 15% RESTOCKING FEE WILL BE APPLIED TO OFFSET COSTS INCURRED IN ATTEMPTING THE DELIVERY.