Terms and Conditions [click here]
The final word [click here]
Toroid Warranty [click here]
Industrial/Commercial and Chemical Warranty [click here]
Rainwater Warranty [click here]
Terms and Conditions
By accepting delivery, the purchaser agrees to the supplying of products by Viscount Rotational Mouldings on these terms and conditions which subject to legislation shall constitute the agreement between the parties to the exclusion of any purchase order, conditions or other documents submitted by the purchaser.
(1) Prices and Payment
Prices published in the Viscount Rotational Mouldings current price list are recommended prices only and are subject to change without notice. Unless otherwise stated, payment terms are thirty days from the end of month in which the goods are purchased. Purchase discounts (if any) will be allowed at the rates agreed in writing between Viscount Rotational Mouldings and the customer.
(2) Quotations
Unless previously withdrawn, quotations given by Viscount Rotational Mouldings may be accepted only within the period stated or, where no period is stated, within sixty days of the quotation date.
(3) GST
Unless otherwise stated all product prices quoted by Viscount Rotational Mouldings are net, exclusive of GST. Viscount Rotational Mouldings will include GST in accordance with rulings in force at the time of invoicing. Invoices will also meet the requirements of those rulings.
(4) Cancellation & Returns
Orders may be cancelled by the purchaser only with the written consent of Viscount Rotational Mouldings and on terms, which will indemnify Viscount Rotational Mouldings against any loss. Products returned for credit must be returned to Viscount Rotational Mouldings with packing slip and invoice number within 14 days of original delivery. Goods will only be accepted for credit if they have returned undamaged and free into our warehouse within 14 days. Goods manufactured to customer’s specifications will not be accepted for credit.
(5) Storage
Viscount Rotational Mouldings reserves the right to make a reasonable charge for storage if delivery instructions are not provided by the purchaser within 14 days of a request by Viscount Rotational Mouldings for such information.
(6) Delivery
The delivery times made known to the purchaser are estimates only and Viscount Rotational Mouldings shall not be liable for late delivery or non-delivery. Under no circumstance shall Viscount Rotational Mouldings be liable for any loss, damage or delay occasioned to the purchaser for non-delivery or late installation of the products. Unless otherwise stated, published prices are F.O.B. ex Melbourne.
(7) Loss or Damage in Transit
Viscount Rotational Mouldings is not responsible for any loss or damage to products in transit or thereafter. Viscount Rotational Mouldings render the purchase such assistance as may be necessary to press claims on carriers provided the purchaser shall notify Viscount Rotational Mouldings and the carrier in writing immediately loss or damage is discovered on receipt of products and shall lodge a claim on the carrier within 3 days of the receipt of the products or in the case of non delivery within 3 days of the date when delivery was due.
(8) Rights in Relation to Products Until products are fully paid Viscount Rotational Mouldings shall:
(i) retain ownership of the products
(ii) have the unrestricted right to enter the purchaser's premises (or premises of any associated company or agent where the products are located) without liability for trespass or any resulting damage and re-take possession of the products; and
(iii) be entitled to keep or re-sell any products so re-possessed. If products are re-sold, or products manufactured using the products, are sold by the purchaser and Viscount Rotational Mouldings has not been paid for the products, the purchaser shall hold the proceeds of any such sale as represents the invoice price of the products sold or used in the manufacture of the products sold on trusts for Viscount Rotational Mouldings and shall deposit such proceeds in a separate identifiable account and shall pay such amount to Viscount Rotational Mouldings upon request. Nothing herein shall limit or exclude the remedies available to Viscount Rotational Mouldings including its entitlement to maintain an action against the purchaser for the purchase price of the products.
(9) Performance and Description
All Products to be supplied by Viscount Rotational Mouldings shall be as described on the purchase order which description shall prevail over all other descriptions, including any purchaser's specification or enquiry. Any performance figures given by Viscount Rotational Mouldings are estimates only. Viscount Rotational Mouldings shall be under no liability for damages for failure to attain such figures unless specifically guaranteed in writing and any such written guarantee shall be subject to the recognized tolerances applicable to such figures. Advice given by Viscount Rotational Mouldings whether in relation to its own products or third party products, however communicated is given in good faith but any liability deriving from that advice will be limited in accordance with Clause 11 of these terms and conditions. The purchaser must ensure the products are suitable for the purposes they are proposed to be used for.
(10) Warranty
(See warranty download applicable to each grouping:
Toroid
Industrial/Commercial and Chemical or
Rainwater)
(11) Advertising
The purchaser acknowledges that it shall not on sell, or dispose of or advertise the sale or disposal of the products purchased by it without first obtaining the consent in writing of Viscount Rotational Mouldings. The purchaser indemnifies Viscount Rotational Mouldings against any liability, loss, claim, expense or demand arising from any false, misleading, deceptive or untrue representation or statement made by the purchaser to any person concerning the products.
(12) Force Majeure
If Viscount Rotational Mouldings is unable to perform in whole or in part any obligation under this agreement by reason of any fact, circumstance or matter beyond the reasonable control of Viscount Rotational Mouldings, including strikes, lock outs, raw material shortages, accidents or breakdowns of plant or equipment. Viscount Rotational Mouldings shall be relieved of those obligations to the extent and for the period that it is so unable to perform and shall not be liable to any party in respect of such inability.
(13) Further Dealing
Unless otherwise agreed to in writing, the terms and conditions applying herein apply to all agreements for the supply of products and services by Viscount Rotational Mouldings to the purchaser.
(14) Entire Agreement
The above terms and conditions represent the entire agreement between Viscount Rotational Mouldings and the purchaser with respect to the products and services supplied hereunder and the agreement cannot be modified except by a new written contract executed by both Viscount Rotational Mouldings and the Purchaser.
(15) Place of Contract - Governing Law
This agreement is made in Victoria and the conditions of supply shall be governed and construed in accordance with the laws in force in Victoria.
The final word
A signed delivery docket confirms that you, the customer, have received your tank and associated fittings in total and in good condition. We recommend that you inspect the tank before signing the delivery docket as your signature represents your recognition that you have accepted the tank in good order and that the warranty period begins. If you have any concerns or queries please note them on the delivery docket before signing.
Toroid Underground Tanks
Download the Toroid Underground Warranty by clicking on the below link.
Toroid Underground Tank Warranty
Industrial / Commercial / Chemical Tanks
Download the Industrial / Commercial / Chemical Tanks Warranty by clicking on the below link.
Industrial / Commercial / Chemical Tank Warranty
Above Ground Rainwater Tanks
Download the above ground Rainwater Tanks Warranty by clicking on the below link.
Above Ground Rainwater Tank Warranty
Above ground rainwater tanks are:
Tanks designed for the storage of liquid with an S.G of 1.1.
Fitted with standard fittings
Belonging to the TA range 1,000L – 25,000L