Terms & Conditions
1. VARIATIONS OF CONDITIONS: Unless otherwise stated a written quotation by Global Gases Australia Pty. Ltd (the “Seller”) constitutes an offer to sell the goods or provide the services described subject to the Conditions herein. Should any of these conditions conflict with any conditions stated in the Buyer’s order, GGA conditions shall prevail. The giving by the Buyer of any instructions for the provision of services or the delivery of the goods or any part thereof or the acceptance by Buyer in confirmation of the transaction set out on the basis thereof after receipt by Buyer of this document shall constitute unqualified acceptance by Buyer of these Conditions.
2. PASSING OF PROPERTY: The Property in the goods, (notwithstanding delivery to Buyer) shall remain with the Seller until the Buyer has paid the full price as well as all other sums whatsoever due to Seller. If at any time payment of the price of any other sums due to Seller is overdue seller may by its agents or employees enter upon Buyer’s premises and recover and dispose of the goods and Buyer shall make no claim against Seller in respect of such entry or disposal.
3. PASSING OF RISK: The risk in the goods supplied shall pass to the Buyer upon supply/invoice. If applicable, Seller shall only be liable to deliver the goods where Buyer has provided suitable unloading facilities.
4. FORCE MAJEURE: Seller shall do all in its power to perform the terms of any contract of which these conditions form a part and in particular to meet all delivery/supply dates, however shall not be liable for any failure to observe, or breach of, any of the terms hereof by reasons of acts of God, war, riots, strikes, blackouts, trade disputes, fires, breakdowns, interruptions of transport, Governmental action, delay in delivery by Seller’s supplier or any other cause
whatsoever beyond its control. If, and for so long as and to the extent that Seller is unable to supply the goods, Buyer
having given notice to Seller may, at its own cost and risk, order such quantities of goods as may be required from other suppliers.
5. PRICE VARIATIONS Unless specifically agreed otherwise, the price of goods and services shall be the price published and effective at the time of supply, however GGA reserve the right to increase pricing without notice and as may be required. Pricing to Distributors is ex-GST, while Retail pricing is GST inclusive.
6. RETURN OF PURCHASED PRODUCT
Australian Consumer Law governs our goods with regard to returns / exchanges. Customers are entitled to a refund/replacement if the product does not meet our specifications and subject to assessment by GGA staff and the provision of your proof of purchase. All payments must be through the original credit card / payment facility. Given the nature of our products, Refunds/Exchanges are not normally available for a basic change of mind, however if the product is un-opened/un-damaged and returned within 7 days, any exchange/re-fund shall be at GGA staff discretion.
7. CONTAINERS & EQUIPMENT: All cylinders, cylinder packs containing the goods (“Containers”) or equipment supplied by the Seller for mixing and delivering the goods (“Equipment”) shall remain the property of Seller unless subject to a specific outright sale agreement. The Seller’s Containers and/or Equipment shall be subject to rental or deposit charges, which may be varied from time to time subject to written notification by the Seller. If at any time Buyer shall not have in its possession or under its control the Containers and/or Equipment indicated by Seller’s records Seller may treat the number of Containers and/or Equipment which Buyer is deficient as lost and shall be charged full replacement cost. Seller shall be responsible for the repair and maintenance of Containers and/or Equipment owned by Seller, however Buyer shall pay in full for any loss or damage caused by Buyer’s neglect or otherwise. In the event of Containers and/or Equipment owned by the Seller are lost or destroyed whilst in Buyer’s possession, Buyer shall notify Seller and pay current replacement cost as specified by Seller. Unless specifically agreed otherwise in writing, Buyer shall not modify, fill, re-fill or allow another party to re-fill the Seller’s cylinders, cylinder packs and/or liquid storage containers. Buyer also agrees to return the Seller’s assets at their own transportation costs. Cylinders purchased outright, should be returned to GGA for suitable pre-fill safety checks and re-filling to the correct specifications and pressure.
8. WARRANTY & LIABILITY: While the Seller warrants that the specifications of the goods supplied is not less than published specifications, as laid out in GGA quotation, gas data and/or safety literature, unless otherwise specifically stated in writing. Seller shall have no liability whatsoever in respect of losses, costs or expenses of a purely financial or economic nature (including but not limited to, loss of profits, loss of use or other consequential loss/damage) or any other loss or damage not covered, unless such loss, cost, expense or damage be caused by Seller supplying goods that are not warranted, in which case the Seller’s liability shall be limited to the value of the goods concerned (at the Seller’s selling price). It is Buyer’s responsibility to satisfy itself that the goods are suitable for the purpose for which Buyer intends to use them. Whilst any published notes or discussions between GGA employees and the buyer with regard to product applications are made in good faith, Seller shall have no responsibility whatsoever for any damage, liability, cost, claim or expense suffered by Buyer or any third party.
9. SAFETY. Gas products carry their own specific Dangerous Goods risk and are covered by local/national Regulations. While a Safety Data Sheet, (SDS) is available for each gas product supplied by GGA on the website www.globalgases.com.au. The buyer shall contact GGA directly, should any SDS not be available for whatever reason. It is the purchaser’s responsibility to store all gases full compliance with Australian Law. If the buyer requests GGA to deliver, GGA shall do so in-line with all safety protocols.
10. INDEMNITY: The Buyer warrants that cylinders brought to the Seller by or on behalf of the Buyer for refilling by the Seller fully comply with all applicable Australian Cylinder Safety and Testing Standards (“the Standards”) and that they have been adequately tested for refilling purposes. It is solely the Buyer’s responsibility to ensure that the cylinders brought to the Seller for refilling are at all times fully compliant with the Standards. The Buyer indemnifies the Seller and its associated entities and related bodies corporate (both phrases bearing their meanings as defined in the Corporations Act 2001), against any and all loss and damage whether direct, indirect or consequential, and whether arising from personal injury, death, or otherwise without limitation, caused to any extent by any act or omission of the Buyer whatsoever including negligence, breach of statutory duty and breach of these terms and conditions. This clause prevails to the extent of any inconsistency with any other clause.
11. SPECIFICATION VARIATIONS: Seller reserves the right to alter the specification of any goods without prior notice to
Buyer, provided that the goods comply with Buyer’s requirements.
12. PAYMENT: the Buyer shall pay for all products and services in advance with regard to the Rent-Free business.
With regards to GGA business other than in the Rent-Free market, all invoices rendered by the Seller shall be paid in full within 30 days of date of invoice.
13. OPERATION OF LAW: These Conditions shall be constructed to and the rights of the parties hereto shall be regulated by Australian law.
By placing an order to purchase with GGA, the buyer is accepting GGA Terms and Conditions in full.