Terms and Conditions – Castle Chemicals Ltd Pty
1. Acceptance of Terms
1.1 These Terms and Conditions apply to all products and services supplied by Castle Chemicals (“we”, “us”, “our”) to the customer (“Client”, “you”).
1.2 By placing an order, accepting a quote, or continuing to engage with us, you agree to be bound by these Terms.
1.3 We may require written acceptance before commencing supply.
2. Supply of Products & Services
2.1 Castle Chemicals agrees to supply products and/or services as outlined in the agreed quotation, order, or contract.
2.2 All products are supplied subject to availability.
2.3 We will use reasonable care and skill in supplying products and services.
3. Product Use & Compliance
3.1 The Client must ensure all products are used, handled, stored, and disposed of in accordance with:
Safety Data Sheets (SDS)
Applicable laws and regulations
Industry safety standards
3.2 The Client acknowledges that chemical products may be hazardous and agrees to take all necessary safety precautions.
3.3 Castle Chemicals is not responsible for misuse, improper handling, or failure to follow safety instructions.
4. Client Responsibilities
4.1 The Client must:
Provide accurate order details and specifications
Ensure safe handling and qualified use of products
Comply with all relevant workplace and environmental laws
Notify us of any specific requirements or risks
4.2 The Client warrants that it is authorised to purchase and use the products.
5. Pricing & Payment
5.1 All prices are as quoted and are exclusive of GST unless stated otherwise.
5.2 Payment terms are as stated on the invoice.
5.3 Late payments may incur interest and/or suspension of supply.
5.4 The Client must notify us of any invoice dispute within 5 business days.
6. Delivery & Risk
6.1 Delivery times are estimates only and not guaranteed.
6.2 Risk in the goods passes to the Client upon delivery.
7. Dangerous Goods
7.1 The Client acknowledges that certain products may be classified as dangerous goods under the Australian Dangerous Goods Code.
7.2 The Client agrees to comply with all relevant laws relating to the transport, storage, handling, and disposal of dangerous goods.
7.3 Castle Chemicals will provide Safety Data Sheets (SDS). The Client must ensure all personnel read and understand them.
7.4 From delivery, the Client assumes full responsibility for handling, storage, and compliance.
7.5 The Client must not transport dangerous goods unless compliant with the Australian Dangerous Goods Code.
7.6 Castle Chemicals is not liable for loss or damage caused by misuse or non-compliance.
7.7 The Client indemnifies Castle Chemicals against claims arising from unsafe or unlawful handling.
8. Returns & Refunds
8.1 Returns require prior approval.
8.2 Goods must be unused and in original condition unless defective.
8.3 Some chemical products are non-returnable.
9. Australian Consumer Law (Important)
9.1 Nothing in these Terms excludes, restricts, or modifies any rights or remedies that cannot be excluded under the Australian Consumer Law.
9.2 Where goods or services are supplied to a consumer within the meaning of the ACL, the following applies:
Goods come with guarantees that cannot be excluded under the ACL
You are entitled to a replacement or refund for a major failure
You are entitled to compensation for any other reasonably foreseeable loss or damage
9.3 If the goods or services are not of a kind ordinarily acquired for personal, domestic, or household use, our liability is limited (to the extent permitted by law) to:
Replacement of the goods
Repair of the goods
Payment of the cost of replacing or repairing the goods
10. Limitation of Liability
10.1 To the extent permitted by law, Castle Chemicals excludes liability for indirect or consequential loss, including loss of profit or business interruption.
10.2 Liability is otherwise limited as set out in clause 9.
11. Retention of Title (Very Important)
11.1 Ownership of goods does not pass to the Client until full payment has been received.
11.2 Until payment is made in full, Castle Chemicals retains a security interest in the goods.
12. PPSA (Security Interest)
12.1 These Terms constitute a security agreement for the purposes of the Personal Property Securities Act 2009 (PPSA).
12.2 The Client agrees that Castle Chemicals may register its security interest on the PPSR.
12.3 The Client must do all things necessary to enable registration and enforcement.
13. Termination
13.1 Either party may terminate with notice.
13.2 We may terminate immediately for breach, non-payment, or unsafe use.
14. Indemnity
14.1 The Client indemnifies Castle Chemicals against losses arising from misuse, breach, or non-compliance.
15. Intellectual Property
15.1 All materials and documentation remain the property of Castle Chemicals.
16. Privacy
16.1 Personal information will be handled in accordance with the Privacy Act 1988.
17. Force Majeure
17.1 We are not liable for delays beyond our control.
18. Changes to Terms
18.1 We may update these Terms with notice.
19. Governing Law
19.1 These Terms are governed by the laws of Australia.
20. General
20.1 Invalid clauses do not affect the remainder of the Terms.