Any order placed with Old Mates Water Pty Ltd trading as Cooroibah Water Cartage ABN 40677325218 (‘we’, ‘our’, ‘us’ or ‘Cooroibah Water’) constitutes your (‘you’ or ‘your’) agreement to be bound by these terms.
The Terms & Conditions may be amended only by written agreement between us and you. Any additional or different terms are not binding unless agreed in writing. Receipt of goods by you upon delivery constitutes your agreement to be bound by these terms.
1.1. Your placement of an order with us constitutes an offer by you to purchase goods and services from us on these terms. It is your responsibility to ensure the details of your order are correct.
1.2. For goods deliveries, our acceptance of the order creates a binding contract between you and us on these terms and conditions.
2.1. We will deliver the goods and supply services to the address stated in the order.
2.2. Placing this order constitutes acceptance in full of your order. If:
i) We are able to provide services or deliver your goods, but you are not home, or
ii) We are unable to provide services or deliver your goods, we may amend or cancel the order by giving notice to you by any means.
2.3. If you have any issues or concerns regarding the services provided or goods delivered, you agree to inform us, either by phone or in writing, within 24 hours of delivery.
2.4. If goods or services are no longer required, a cancellation fee will be charged if:
i) Our vehicle arrives on-site or is more than halfway to the order location. In such instances, the cancellation fee will be the full order cost.ii) Our vehicle has begun its journey but is no more than halfway to the order location. In such instances, the cancellation fee will be 50% of the order cost.
2.5. We will use reasonable endeavors to provide services or deliver goods to you in accordance with the delivery date stated in your order. We are not liable for any loss or damage, including consequential loss or damage, arising from a delay in delivery or failure to deliver goods or services, either wholly or in part, due to circumstances beyond our control.
2.6. You will ensure that there is a suitable entrance to the property where the delivery point is located. We reserve the right to refuse delivery or add an additional surcharge if:
i) Overgrown tree branches or foliage hinder access.
ii) The entrance is unsuitable (e.g., driveway is too steep, has too much cross fall, is too uneven, not wide enough, or has an unsuitable surface) or deemed unsafe.
iii) The proximity to other structures could cause damage to underground services or structural engineering.
2.7. Unless otherwise specified, delivery deemed to be to a single location. Adding multiple locations at the time of delivery will incur an additional fee.
3.1. At our sole discretion, a deposit may be required before any supply. Any such deposit requirement will be detailed in a quote or order confirmation.
3.2. Payment to Cooroibah Water must be made in full before the commencement of delivery of goods or services.
3.3. All goods are sold subject to Goods & Services Tax (GST) unless the goods are classified as GST-exempt.
3.4. You agree to pay all fees (including an administration fee set by Cooroibah Water) and costs incurred due to any cheque or electronic banking transaction being dishonoured.
3.5. We reserve the right to suspend the delivery of further goods if your terms of payment are not strictly adhered to.
3.6. If you are 15 days beyond your agreed payment terms, you will be immediately and strictly put on credit hold, and supply will be withheld until payment is made.
3.7. If you do not respond in a timely manner to our requests for overdue payments, you will receive a Final Notice, which, if not responded to, will be forwarded to our debt collection agency.
3.8. Any expenses or costs incurred by us in recovering any outstanding monies, including debt collection agency fees or solicitor’s and court costs, will be passed on to you.
3.9. If you fail to respond to our Final Notice and/or our debt collection agency regarding settling an overdue payment, we may list information about the payment default with a credit reporting body.
3.10. If you:
i) Fail to make any payment due under the contract or commit any other breach of any of your obligations under the contract; or
ii) Suffer execution under any judgment; or
iii) Commit an act of bankruptcy; or
iv) Make any arrangement with any creditor; or
v) Being a company, pass a resolution for winding up or have a receiver appointed,
then any part of the monies owed to us which are then unpaid, together with any other monies owing, will immediately become due and payable. Any such termination will be without prejudice to any claim or right we may otherwise possess.
3.11. Title to the goods sold to you shall remain vested in us and shall not pass to you until the price of the goods has been paid in full and received by us.
3.12. Until title to the goods passes to you, we and our agents and employees shall be entitled at any time and without the need to give notice to enter upon any property where the goods or any part are stored and have the authority to retake, sell, or otherwise deal with and/or dispose of all or any part of the goods.
3.13. Irrespective of whether title to the goods is vested in us, risk in the goods shall pass to you upon delivery.
4.1. Unless otherwise agreed in writing, the price of the goods and services is as stated when you place your order.
4.2. From time to time, we may adjust any price, or apply a fee or a levy, and you agree to pay any such adjusted price to account for variations that may arise from any of the following:
i) Delays in services and delivery of the goods as a result of instructions or lack of instructions from you.
ii) Your failure or inability to fulfill your obligations under the contract or other circumstances beyond our control.
iii) Variation in the cost of us acquiring the goods, such as fuel.
iv) Any correction of errors or omissions on the part of Cooroibah Water or any of its representatives.
4.3. Credit card payments and online electronic payments will incur a surcharge fee.
5.1. You indemnify us in respect of any loss, injury, expense, or claim arising out of the supply by us of the goods and services, or their storage, installation, use, operation, or maintenance.
6.1. If we are unable at any time to perform any of our obligations whether wholly or partly by reason of any cause beyond our control (including without limitation, acts of God, inclement weather, strikes, lockouts, fires, riots, civil commotion or unrest, interference by civil or military authorities, or act of war), we may give written notice to that effect to you, giving full particulars of such force majeure. In this case, our obligations under these terms shall, to the extent that they are affected by the force majeure, be suspended during the term of the force majeure. We shall not be liable for any loss or damage suffered by you as a result of any delays caused by such force majeure events.
7.1. These terms and conditions are governed by the laws of Queensland, Australia, and you and Cooroibah Water submit to the jurisdiction of the courts of that State.
8.1. All notices under the contract must be in writing by post or by email, to an address or number detailed on our website cooroibahwater.com.au.
9.1. Cooroibah Water reserves the right to change these Terms and Conditions at any time.
Version 20240701.1
99 Silverwood Dr, Cooroibah QLD 4565
Please Note: We may not be able to take your call due to driving or being out of mobile range, we suggest placing your order here.
