TERMS & CONDITIONS – TRADE CUSTOMERS

1. GENERAL

These terms and conditions form part of the contract (“agreement”) between Sprint Gas (Aust) Pty Ltd (ABN 97 150 925 492) (in this agreement, “we” or “us” or “our”) and the customer (in this agreement, “you” or “your”) that is formed when place an order for a product that we agree to sell to you.

Placing an order with us constitutes an offer by you to purchase goods from us on these terms. The order is placed when it is submitted to us by phone, email, through our website or in-store. Delivery of goods constitutes notice of our acceptance of the order.

You acknowledge that these terms and conditions embody the whole agreement between you and us. No sales representative or agent is authorised by us to give any guarantee, warranty or representation in addition to, or contrary to these conditions. In any event, receipt of goods by you (or another as you direct) upon delivery constitutes your agreement to be bound by these terms.

A reference to “product” or “products” in this agreement includes all parts or products we provide to you, unless the context requires otherwise.

2. PRICING

Prices and quotes are exclusive of GST unless stated otherwise. Prices are subject to change without prior notice. Trade customers must be registered for GST and will notify us if you cease to be so. Each amount payable by you under these Terms in respect of a Taxable Supply by us is a GST exclusive amount and on receipt of a tax invoice you must, in addition to that amount and at the same time, pay the GST payable in respect of that supply. “Taxable Supply” and “GST” have the meanings set out in the A New Tax System (Goods and Products and Services) Act 1999 (Cth).

3. PAYMENT

3.1 You agree to pay us in full for all products supplied when the payment is due, unless otherwise agreed.  Failure to adhere to these terms will result in account suspension and all subsequent orders requiring payment on order until such time as the account is paid in full. We reserve the right to determine when the account will be reopened. We are entitled to charge 2% interest on amounts not paid after 45 days until the payment in full has been received, together with all expenses, legal and otherwise, that we have incurred in collecting the amount due. Interest accrues daily.

3.2 When payment is made by instalments, the failure by you to pay an instalment when due shall entitle us to treat such failure as a repudiation of the whole agreement by you and recover damages for breach of contract.

3.3 We reserve the right to defer without penalty, delivery of any order by you so long as any amount remains overdue for payment.

3.4 No claims by you in respect of product compromised in one delivery shall entitle you to withhold payment of the whole or any part of the price payable in respect of any other delivery of product.

3.5 To the extent allowed by law, in the event that you:

  • are in breach of any terms of this agreement;
  • become bankrupt;
  • take or try to take advantage of Part X of the Bankruptcy Act 1966 (Cth);
  • make an assignment for the benefit of creditors;
  • are unable, in the opinion of Sprint Gas, to pay your debts when they fall due;
  • have an administrator, controller, liquidator, receiver or receiver and manager appointed (“external administrator”);
  • have an inspector appointed under the Australian Securities and Investment Commission Act 2001(Cth); or
  • any steps are taken, or proceedings commenced, to make you bankrupt or have an external administrator appointed,

this agreement will terminate with immediate effect and any outstanding monies will become due and payable immediately. We may cease or suspend supply of products to you.

4. RETURNS POLICY

4.1 Our returns policy does not affect your rights under the Australian Consumer Law.  This policy is provided in addition to your rights under the Australian Consumer Law.

4.2 You may return a product for a credit, refund or exchange within 7 days with proof of purchase, unless that product is:

  • a discontinued part;
  • not in resalable condition;
  • a product that has been fitted to a vehicle or altered in any way; or
  • not in the condition received by you (with manuals and documentation).

4.3 Goods returned for credit or refund will be subject to a 10% handling fee. After 30 days – no credit. All returns are subject to substantiation and the original invoice must be supplied before credit will be considered. We are not required to provide a credit or refund where you have changed your mind, made a wrong selection or no longer have use for the goods.

4.4 No claims for short delivery or damaged items will be recognised unless we are notified within 7 days from receipt of goods. If goods arrive damaged, please contact us as soon as possible. We will arrange to have the damaged goods returned to us and either arrange for a replacement of the goods or offer a refund. Damaged goods must be returned in the condition received by you with all original packaging and documentation.

4.5 We will not be liable for your freight or other costs in returning products unless otherwise agreed, or where you are entitled to such costs under the Australian Consumer Law.

4.6 Once approved, refunds and credits will normally be processed within 7 days.

5. AUSTRALIA-WIDE GUARANTEE

5.1 Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure.  You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

5.2 We will only recognise warranty claims if the installation or any repair work has been carried out and/or undertaken by a gasfitter/autogas mechanic licensed by the relevant regulatory authority in that state.

5.3 Our guarantee below is provided in addition to your rights under the Australian Consumer Law.

Product

Guarantee Period

Complete kit

36 months / 150,000kms guarantee from date of purchase (whichever occurs first)

Partial kit (no tank)

12 months / 50,000kms guarantee from date of purchase (whichever occurs first)

Individual components and/or new parts

12 months from date of purchase

5.4 We will, at our option, repair or exchange (where possible) the product sold directly by us if it is found to be defective within the guarantee period set out above.  We will bear the reasonable costs incurred in claiming the warranty.

5.5 Goods returned for repair will be assessed and/or repaired within a reasonable time. You may be provided with an indicative repair time, which time may vary due to reasons beyond ours or the repairer’s reasonable control, such as part availability and incorrect fault description. You may be required to pay labour, assessment and/or freight fees, such as where goods are assessed to have been damaged by misuse or accident, or where your rights under the Australian Consumer Law or any manufacturer’s warranty do not apply. We may provide you with an indicative fee, which fee may vary due to reasons beyond our control.

5.6 This warranty will not apply:

  • to normal wear and tear;
  • where products come to the end of their natural service life;
  • where the defect is a result of incorrect installation by a workshop other than a Sprint Gas workshop;
  • where the defect is a result of alteration, accident, misuse, abuse or neglect, unsafe or inappropriate driving practices; or
  • where the products are subsequently repaired or modified by an individual or workshop not licensed by the relevant regulatory authority in that state to perform LPG service and/or repairs;
  • if the products have not been serviced regularly as set out in the Sprint Gas Manual under the section, Maintenance Interval;
  • to products which have been installed in vehicles with parts or accessories not approved by us, the fitting of which could have reasonably given rise to the defect for which the rectification is subsequently requested.

5.7 All claims must be made by telephone to one of our technicians on 03 9350 5500. The product must be returned to us within 14 days of notifying us and the following details must be provided to us:

  • your name, address and telephone number;
  • original invoice as proof of purchase; and
  • fault diagnosis or reason for claim.

In the event that this information is not provided with the product when returned, the product will be returned to you and no warranty claim will be considered.

5.8 All claims must be made within 30 days of the defect being detected. We will not be liable for your freight or other costs in returning product unless otherwise agreed in writing by us. Acceptance of delivery of the returned product does not signify an agreement to issue a credit or refund. A credit or refund will only be issued after the goods have been inspected by us and found to be unsatisfactory in our opinion. . If the product has been found to not have a fault the product will be returned to you and no claim will be accepted nor credit offered. You will be notified and the product will be made available to you.

5.9 We acknowledge that there is a labour cost involved with the replacement of product. Claims for labour may be accepted at our discretion.

5.10 No responsibility will be accepted for any delays in passing credit caused by the product being incorrectly branded or returned to any other destination other than our premises or depot from which they were purchased.

5.11 When product is returned in accordance with these Terms, we will replace it immediately and invoice you for the replacement. If the product is found to be faulty by our technicians, the replacement invoice amount will be credited to your account.

5.12 Please note:

  • repairs and/or replacements carried out under this warranty must be carried out by a distributor or dealer authorised by us; and
  • products alleged to be defective must be delivered to us or an authorised distributor or dealer.

5.13 The following costs are not covered by this warranty:

  • time taken for fault diagnosis or problem solving;
  • consequential damage or loss which occurs as a result of failure of a product, including but not limited to physical and/or financial injury;
  • repairing or replacing components not sold by us;
  • replenishing LPG or petrol fuel;
  • usual maintenance parts except where such maintenance parts are found to be defective;
  • maintenance services.

5.14 Our decision to accept a claim under the warranty shall be at our sole discretion. If the product has been found to not have a fault the product will be returned to you and no claim will be accepted nor credit offered.

5.15 Product produced by us as a special “once off” or altered in any way to your design to be used for a specific purpose, is not covered by this warranty. This product will be covered by a specific warranty guideline as it is produced and there will be no credit return facility available. We will not be responsible for any faults or associated damage caused by the use of product that has been produced as a special “once off” or to your design or special recommendation.

6. TITLE AND RISK

6.1 Products supplied by us will be at your sole risk immediately upon delivery to you or into a third party’s custody on your behalf (whichever occurs sooner).

6.2 Not withstanding clause 6.1, both the legal and equitable title in and to the product will remain with us until we have received payment in full whether by instalments or otherwise together with any GST and interest payable. Until payment in full has been made by you and received by us, you shall hold the product in a fiduciary capacity for us, separate from any other asset and clearly marked as Sprint Gas (Aust) Pty Ltd property. We are entitled to require you to return to us the product or any part of it upon demand. If you fail to return the product, we shall be entitled to enter your premises for the purposes of collecting and to collect the product or any part of it and have the right to dismantle any machinery, product, item or equipment into which the product or any of it has been incorporated and you shall be responsible for our costs incurred. Provided further that should you default in your obligations, we have the right by our employees or agents to enter without notice your premises, or any premises in occupation by you, or any other place where our product may be, and remove our property and such entry shall not give rise to any action of trespass or damages on your part against us, our employees or agents.

6.3 You may sell the product by way of a bona fide sale in the ordinary course of your business but you may not otherwise deal with, sell, part with possession of, change the character of, convert or otherwise dispose of any of the product sold hereunder until title herein has passed to you in accordance with the terms of this agreement.

6.4 Where any product is sold to a third party before title has passed to you, that sale will constitute a sale by you of our property and accordingly you will hold the proceeds of the sale in a separate bank account in trust for us.

6.5 Where we have indicated that we will accept payment by cheque or other negotiable instrument, title will pass to you upon all relevant funds being cleared.

7. PERSONAL PROPERTIES SECURITIES REGISTER

The retention of title contained in these Terms give rise to a security interest as defined in the Personal Properties Securities Act 2009 (Cth) in all goods/product present and acquired after the execution of these Terms. You acknowledge that we may register a financing statement on the Personal Properties Securities Register (PPSR). You agree to do all things and execute or arrange execution of all documents we require to perfect a first ranking security interest in the goods/product including registering a statement on the PPSR.

8. LIABILITY

8.1 We have the sole right to determine whether the product is capable of being repaired, and our liability, if any, in respect of claims under any contract arising hereunder shall be limited as follows:

  • where the equipment is capable of repair, to the repair of such product; or
  • to the replacement of the product or the supply of equivalent product; or
  • the payment of the cost of replacing the product or of acquiring equivalent product; or
  • the payment of the cost of having the product repaired.

8.2 We will not be liable (contractual, tortious or otherwise) to you or any third party in respect of any claim for injury, death, loss or damage (including without limitation, consequential loss or damage) to any person or property howsoever caused, which may be suffered or incurred or which may arise directly or indirectly in respect to the supply of product pursuant to these Terms or our act, failure or omission, except to the extent that liability is imposed upon us or implied into a transaction by this agreement or by any statutory provisions that cannot be excluded by this agreement.

9. PRIVACY

9.1 We will comply with the Privacy Act 1988 (Cth).

9.2 Unless you indicate otherwise, you hereby consent to us using your personal information for the following purposes:

  • our internal marketing activities, including direct marketing, database compilation, analysis of demographics and the processing or creation of other marketing information;
  • customer surveys and individual follow-up calls, letters or emails enquiring as to your satisfaction with our products and services;
  • advising you of information which may be relevant to you, including store closures or openings; and
  • advising you of offers that we feel may be of interest to you.

9.3 If, at any time, you wish to withdraw your consent to any one or more of the above purposes, would like to access your personal information or have any other privacy concerns, please contact our head office  on 03 9350 5500.

10. WAIVER

Our failure to insist upon a strict performance of any provision of these terms and conditions shall not be deemed to be a waiver of our rights and remedies or by any subsequent default by the customer in performance or compliance with any of the terms and conditions. Any waiver by us must be in writing.

11. AMENDMENTS

These terms may only be amended with our express written agreement.

12. ASSIGNMENT

You may not assign this contract without our prior written consent.

13. CHANGE OF OWNERSHIP

You agree to notify us in writing of any change in your ownership or legal structure at least 14 days from the date of such change and indemnify us against any loss or damage incurred by us as a result of your failure to notify us of any change.

14. INDEMNITY

You will indemnify us in relation to any direct or indirect loss, liability or damage suffered by us or any other person as a result of your negligence or breach of these Terms.

15. JOINT & SEVERAL

If you consist of more than one person, the obligations of each person are joint and several.

16. SEVERANCE

Each clause, subclause and part of these Terms is separate and independent. If any clause or subclause or part is found to be or becomes invalid or unenforceable for any reason, then any such invalidity or unenforceability shall not affect the validity or enforceability of any of the other clauses or subclauses or parts.

17. JURISDICTION

The proper law of the agreement between you and us is the law of the State of Victoria and the parties agree to submit to the exclusive jurisdiction of the courts of that State.

 

TERMS & CONDITIONS – RETAIL CUSTOMERS

1. GENERAL

These terms and conditions form part of the contract (“agreement”) between Sprint Gas (Aust) Pty Ltd (ABN 97 150 925 492) (in this agreement, “we” or “us” or “our”) and the customer (in this agreement, “you” or “your”) that is formed when you sign a form issued by us that describes services that we will perform (“Service Authorisation”) or when we agree to sell products to you.

You acknowledge that these terms and conditions and the Service Authorisation embody the whole agreement between you and us.  You agree that the scope and terms of the Service Authorisation (including prices and quotes) may change as a result of updated instructions from you.  By offering to buy products and/or services from us and by signing a Service Authorisation you agree to be bound by this agreement.

A reference to “product” or “products” in this agreement includes all parts or products fitted as part of services we provide to you, unless the context requires otherwise.

2. PRICING

All our prices and quotes include GST unless stated otherwise. Prices are subject to change without prior notice. A quote or price is only binding on us once the Service Authorisation has been signed.  The scope and pricing of the Service Authorisation may change as a result of updated instructions from you.

3. PERFORMANCE & SERVICES

We agree to perform the services as described in the Service Authorisation (or as amended as a result of updated instructions from you).

4. PAYMENT

4.1 You agree to pay us in full for all services rendered and products supplied before removing your vehicle and/or the products (as applicable) from our premises, unless otherwise agreed.  You further agree that payment of all amounts for work as set out in the Service Authorisation and (in the absence of manifest error) all amounts set out in that document become due upon completion of the relevant work and must be paid on completion of the work, unless we have agreed otherwise.

4.2 To the extent allowed by law, in the event that you:

  • are in breach of any terms of this agreement;
  • become bankrupt;
  • take or try to take advantage of Part X of the Bankruptcy Act 1966 (Cth);
  • make an assignment for the benefit of creditors;
  • are unable, in our opinion, to pay your debts when they fall due;
  • have an administrator, controller, liquidator, receiver or receiver and manager appointed (“external administrator”); or
  • any steps are taken, or proceedings commenced, to make you bankrupt or have an external administrator appointed,

this agreement will terminate with immediate effect and any outstanding monies will become due and payable immediately.

5. CANCELLATIONS

5.1 If you need to cancel your service booking with Sprint Gas, please call 03 9350 5500 to notify us at least 7 days before your scheduled appointment.

5.2 If a booking is cancelled, any deposit or payment which you have paid will be refunded at our discretion:

  • at least 7 days before to your scheduled booking – 100% deposit refunded;
  • 72 hours before to your scheduled booking – 50% deposit refunded;
  • less than 72 hours before your scheduled booking – no refund;
  • if you do not show up for your scheduled booking – no refund.

6. AUSTRALIA-WIDE GUARANTEE

6.1 Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure.  You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

6.2 We will only recognise warranty claims if the installation or any repair work has been carried out and/or undertaken by a gasfitter/autogas mechanic licensed by the relevant regulatory authority in that state.

6.3 Our guarantee below is provided in addition to your rights under the Australian Consumer Law.

 

Product / Service

Guarantee Period

Workmanship

Lifetime guarantee on all labour.

Complete kit

36 months / 150,000kms guarantee from date of purchase (whichever occurs first)

Partial kit (no tank)

12 months / 50,000kms guarantee from date of purchase (whichever occurs first)

Individual components and/or new parts

12 months from the date of purchase 

 

6.4 We will, at our option, repair or exchange (where possible) the product sold directly by us free of charge if it is found to be defective within the guarantee period set out above.  We will bear the reasonable costs incurred in claiming the guarantee.

6.5 Goods returned for repair will be assessed and/or repaired within a reasonable time. You may be provided with an indicative repair time, which time may vary due to reasons beyond ours or the repairer’s reasonable control, such as part availability and incorrect fault description. You may be required to pay labour, assessment and/or freight fees, such as where goods are assessed to have been damaged by incorrect installation, misuse or accident, or where your rights under the Australian Consumer Law or any manufacturer’s warranty do not apply. We may provide you with an indicative fee, which fee may vary due to reasons beyond our control.

6.6 This warranty will not apply:

  • to normal wear and tear;
  • where products come to the end of their natural service life;
  • where the defect is a result of incorrect installation by a workshop other than a Sprint Gas workshop;
  • where the defect is a result of alteration, accident, misuse, abuse or neglect, unsafe or inappropriate driving practices; or
  • where the products are subsequently repaired or modified by an individual or workshop not licensed by the relevant regulatory authority in that state to perform LPG service and/or repairs;
  • if the products have not been serviced regularly as set out in the Sprint Gas Manual under the section, “Maintenance Interval”;
  • if parts or accessories not approved by us have been installed in your vehicle which could have reasonably given rise to the defect for which the rectification is subsequently requested.

6.7 Claims should be made by telephone to one of our technicians on 03 9350 5500. All claims must be made within 30 days of the defect being detected.

6.8 Please note:

  • vehicles alleged to be defective must return to Sprint Gas if the service/repair work was performed in our workshop or the original gasfitter/autogas mechanic.where the service/repair work was performed;
  • repairs and/or replacements carried out under this warranty must be carried out by if the service/repair work was performed in our workshop or the original gasfitter/autogas mechanic.where the service/repair work was performed.

6.9 The following costs are not covered by this warranty:

  • time taken for fault diagnosis or problem solving;
  • consequential damage or loss which occurs as a result of failure of a product, including but not limited to physical and/or financial injury;
  • repairing or replacing components not sold by us;
  • replenishing LPG or petrol fuel;
  • usual maintenance parts except where such maintenance parts are found to be defective;
  • maintenance services.

6.10 Our decision to accept a claim under the warranty shall be at our sole discretion.

6.12 All claims must be made within 30 days of the defect being detected. We will not be liable for your freight or other costs in returning the vehicle to Sprint Gas or a licensed gasfitter/autogas mechanic unless otherwise agreed in writing by us. Acceptance of delivery of the returned vehicle does not signify an agreement to issue a credit or refund. A credit or refund will only be issued after the vehicle has been inspected and found to be unsatisfactory in our opinion. If it has been found to not have a fault no claim will be accepted nor credit offered.

7. TITLE & RISK

7.1 Property in, and ownership of, the product (including as part of services rendered) does not pass from us to you until you have paid for the product or services in full.

7.2 Where we have indicated that we will accept payment by cheque or other negotiable instrument, title will pass to you upon all relevant funds being cleared.

7.3 Products supplied by us will be at your sole risk immediately upon delivery to you or into a third party’s custody on your behalf (whichever occurs sooner).

8. LIEN

8.1 You acknowledge that we have a lien (under general law or equity) over all products in our possession belonging to you, including your vehicle and all goods in or attached to your vehicle (“Lien”), to secure payment of any or all amounts outstanding from time to time.

8.2 You agree that we may, at our discretion, exercise the Lien in respect of any due and unpaid amounts outstanding by you and may retain your vehicle and/or any goods in your vehicle and serve notice on you requiring immediate payment of the amounts outstanding by you.

9. ABANDONMENT

9.1 If any amounts outstanding have not been paid within three calendar months of us providing notice to you, and if we do not hear from you after making reasonable attempts to contact you, we may sell your vehicle and/or all products in or attached to your vehicle in accordance with any applicable legislation relating to the disposal of uncollected goods and vehicles.

9.2 In the event that we sell your vehicle and/or products, we will apply the proceeds in the first instance to the satisfaction of the amounts outstanding by you and the costs of exercising the right of sale.

9.3 Any balance of the proceeds of the sale will be returned, where possible, to you.

10. LIABILITY

10.1 We will not be liable (contractual, tortious or otherwise) to you or any third party in respect of any claim for injury, death, loss or damage (including without limitation, consequential loss or damage) to any person or property howsoever caused which may be suffered or incurred or which may arise directly or indirectly in respect to the products sold by us, or out of any services performed by us pursuant to these Terms, or our act, failure or omission, except to the extent that liability is imposed upon us or implied into a transaction by this agreement or by any statutory provisions that cannot be excluded by this agreement.

10.2 We have the sole right to determine whether the product is capable of being repaired, and our liability, if any, in respect of claims under any contract arising hereunder shall be limited as follows:

  • where the equipment is capable of repair, to the repair of such product; or
  • to the replacement of the product or the supply of equivalent product; or
  • the payment of the cost of replacing the product or of acquiring equivalent product; or
  • the payment of the cost of having the product repaired.

10.3 We have no authority to accept any goods for safe custody from you and will not be liable in any case for loss of, or damage to, any articles alleged to have been left with us by you or alleged to have been left in your vehicle, however such loss or damage was caused.

11. AUTHORITY IN RESPECT OF THE VEHICLE

You authorise us to do every act, matter and thing that we consider desirable or necessary for us to provide you with the products and/or services set out in the Service Authorisation in respect of your vehicle, including (but not limited to):

  • entering the vehicle; and
  • test driving your vehicle (including driving your vehicle to another location outside of the premises).

12. PRIVACY

12.1 We will comply with all applicable privacy legislation, including the Privacy Act 1988 (Cth).

12.2 Unless you indicate otherwise, you hereby consent to us using your personal information for the following purposes:

  • our internal marketing activities, including direct marketing, database compilation, analysis of demographics and the processing or creation of other marketing information;
  • customer surveys and individual follow-up calls, letters or emails enquiring as to your satisfaction with our products and services;
  • reminders that your vehicle may be due for a service;
  • advising you of information which may be relevant to you, including store closures or openings; and
  • advising you of offers that we feel may be of interest to you.

If, at any time, you wish to withdraw your consent to any one or more of the above purposes, would like to access your personal information or have any other privacy concerns, please contact our head office on 03 9350 5500.

13. WAIVER

Our failure to insist upon a strict performance of any provision of these terms and conditions shall not be deemed to be a waiver of our rights and remedies or by any subsequent default by the customer in performance or compliance with any of the terms and conditions. Any waiver by us must be in writing.

14. AMENDMENTS

These terms may only be amended with our express written agreement.

15. ASSIGNMENT

You may not assign this contract without our prior written consent.

16. INDEMNITY

You will indemnify us in relation to any direct or indirect loss, liability or damage suffered by us or any other person as a result of your negligence or breach of these Terms.

17. SEVERANCE

Each clause, subclause and part of these Terms is separate and independent. If any clause or subclause or part is found to be or becomes invalid or unenforceable for any reason, then any such invalidity or unenforceability shall not affect the validity or enforceability of any of the other clauses or subclauses or parts.

18. JURISDICTION

The proper law of the agreement between you and us is the law of the State of Victoria and the parties agree to submit to the exclusive jurisdiction of the courts of that State.

 

Sprint Gas (Aust) Pty Ltd

30 Graystone Court

Epping VIC 3076

Phone: 03 9350 5500

Email:   enquiries@sprintgas.com.au