Order Online Service – Terms and Conditions

The use of our website, and our ‘Order Online’ service, is governed by the terms and conditions outlined below (“Terms and Conditions”), together with our privacy policy (“Privacy Policy“).
The expressions “we”, “us” and “our” are a reference to Fredericks Petroleum Pty. Ltd. ACN 008 121 060, which trades as Adelaide Fuel Distributors (“Adelaide Fuel Distributors”), except where otherwise indicated. The term “you” and “your” refers to the user of our ‘Order Online’ service or viewer of our website.
Please read our Terms and Conditions, together with our Privacy Policy, carefully.
If you continue to browse and use this website, you are agreeing to comply with and be bound by these Terms and Conditions, which together with our Privacy Policy, govern Adelaide Fuel Distributors’ relationship with you in relation to this website. Your placement of an order through our ‘Order Online’ service also indicates your acceptance of our Terms and Conditions.
If you do not accept any part of these Terms and Conditions, you are not authorised to use this website or our ‘Order Online’ service.

Existing account

Where you have an approved commercial credit account with us, our terms and conditions of credit (as varied from time to time) (“Credit Terms“) apply. In the event of any conflict, ambiguity or inconsistency between these Terms and Conditions and our Credit Terms, our Credit Terms prevail to the extent of the conflict, ambiguity or inconsistency.

General

The content of the pages of this website are for your general information and use only. The pages are subject to change without notice. Amendments will be effective immediately upon notification on this website. It is your responsibility to check these Terms and Conditions periodically for any changes. Your continued use of the website following such notification will represent an agreement by you to be bound by these Terms and Conditions (as varied from time to time).
Neither we, nor any third parties, provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and, to the extent permitted by law, we accept no liability for any such inaccuracies or errors.
Your use of any information or materials on this website is entirely at your own risk. It is your responsibility to ensure that any products, services or information detailed through this website meet your specific requirements.
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice provided below, which forms part of these Terms and Conditions.
Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.

Orders

You may offer to purchase goods from us by using our ‘Order Online’ service. Your order must contain your name, your customer code (where applicable), the name of your contact, your telephone number, your email address, the delivery address, the requested date for delivery, and the type or types of goods to be delivered, as well as the quantity of each type of goods.
You are responsible for all contracts for the purchase of goods entered with us. It is your responsibility to check your order before you place an order using our ‘Order Online’ service, and you warrant that you are able to enter into legally binding contract with us.
Within seven (7) days of receipt of your order, we will at out discretion accept or reject your offer to purchase. If you receive an order confirmation this does not signify Adelaide Fuel Distributors’ acceptance of the order, nor does it constitute confirmation of our offer to sell. We reserve the right to refuse supply of the goods ordered by you or terminate your online account with us. If we have not responded to you within seven (7) days, your offer will be deemed to be rejected. We are not required to give reasons for rejecting your offer to purchase. If we reject your offer to purchase the goods for any reason, neither of us will be under any further liability to the other arising out of your original offer or our non-acceptance of that offer.

Pricing

The price for all goods supplied through our ‘Order Online’ service shall be the price as at the date of delivery (less any negotiated/agreed rebates, where applicable).
Where prices are indicated on our website, the prices listed on our website are subject to change without notice. All prices are inclusive of goods and services tax (“GST“). In all other respects, the price is exclusive of taxes, duties and charges imposed or levied in Australia or overseas in connection with the supply of goods (including the cost of delivering the goods), unless otherwise specified.
We make every effort to ensure that the prices listed on the website are true and correct, but otherwise rely upon the “Incorrect price or incorrect information” clause below.

Payment

Prior to placing an order, you must indicate your preferred payment method: namely, ‘Pre-Pay’, ‘Cash on delivery’, or by using your commercial credit account (where applicable).
If you click ‘Pre-Pay’, you will be contacted by one of our customer service representatives to arrange payment.
If you click ‘Cash on delivery’, payment will be due and owing on or before the goods being delivered to your nominated delivery address.
We accept payment by EFTPOS, VISA, and MasterCard credit cards. We reserve the right to apply a surcharge for using your credit card. In the case of ‘Pre-pay’ orders, your credit card/debit card will be charged as soon as your order has been processed by one of our customer service representatives. In the case of ‘Cash on delivery’, your credit card/debit card will be charged on or before delivery of the goods.
Your tax invoice will be forwarded to you at the time of payment or at the time of delivery.
Where you have an approved commercial credit account with us, an invoice will be sent to you at the time of delivery of the goods or thereafter. You must pay for all goods supplied in accordance with the payment terms afforded to you.
Your tax invoice is your proof of purchase and may be required for any claims in respect of the goods supplied by us.

Availability

Our stock levels may be subject to change without notice.
If we are unable to deliver goods which have been ordered by you, we will endeavour to notify you via telephone or email as soon as reasonably practicable.
You will then be able to amend, cancel or place your order on backorder until such time as that product comes back into stock.

Incorrect Price or Incorrect Information

If an incorrect price or incorrect information is listed in respect of goods due to a typographical error, we may refuse or cancel any orders that are placed for goods listed at an incorrect price. We reserve this right up until the time of delivery of goods to you. If a cancellation of this nature occurs after your credit card has been charged for the purchase, we will issue a full refund as soon as practicable.
To the extent permitted by law, Adelaide Fuel Distributors is not liable for any loss or otherwise as a result of errors in pricing or incorrect information.

Order Cancellations

If we are notified before the goods are dispatched for delivery, we will accept the order cancellation. Otherwise, if the goods have already been dispatched for delivery, we reserve the right to refuse to cancel the order.
Upon cancellation of an order, we will make all reasonable attempts to contact you using the details provided by you through our ‘Order Online’ service. All monies will be refunded using the method of payment for approved cancellations.
You acknowledge that order cancellations may be subject to a restocking charge of ten (10) percent of the purchase price, unless otherwise agreed in writing.

Shipping and Delivery

We will make reasonable efforts to ensure goods purchased from us will be delivered to you on the date requested for delivery. If, for whatever reason, we cannot deliver the goods on this date, we will notify you to arrange a suitable alternative date for delivery.
Goods purchased through the use of our ‘Order Online’ service will be delivered to the address nominated you at the time you place an order. Please ensure this address is correct. There may be instances where the goods ordered are out of stock and we are unable to supply immediately. In this instance, you will be notified that the goods are out of stock and will be provided with an estimated delivery date.

Any delivery times provided by us are estimates only. We will not be held liable for any loss suffered by you as a result of any delay in the delivery of goods or non-delivery of goods.
Orders will normally be delivered on business days (Monday to Friday). Deliveries may occur on weekends and certain public holidays by our agreement (at our sole discreation).
Delivery charges may vary depending on the quantity of the goods ordered, and the address to where the goods are to be delivered.
We also reserve the right to deliver goods ordered through our ‘Order Online’ service by way of instalments. If we elect to deliver the goods by instalments, you shall not be entitled to cancel or repudiate the order (or part of the order).

Risk

Risk of loss or damage to the goods passes to you upon delivery to you or to your agent or to a carrier commissioned by you.

If you request that goods ordered through our ‘Order Online’ service are to be delivered to any unattended location, you acknowledge that we or our nominated carrier will deliver the goods as requested at your sole risk.

Retention of Title

Title in the goods does not pass to you until you have made payment in full for the goods in cleared funds.
During the time the goods supplied have not been paid in full at any time, you agree that property and title in the goods will not pass to you and we retain the legal and equitable title in those goods supplied and not yet sold.

Returns

You must, within twenty-four (24) hours of the date of delivery, give us written notice with particulars, of any claim that the goods delivered are not in accordance with your order. If you fail to provide us with such notice, then to the extent permitted by law, the goods must be treated as having been accepted by you.
Unless otherwise agreed in writing between by us, you must pay all costs associated with the return of any goods (either to us or from us to you or any third party) including freight, insurance, handling and other charges.
Goods cannot be returned to us without our prior written consent.
Any return (except for goods incorrectly supplied or deemed by us to be defective) will incur a handling and administration charge of ten (10) percent of the purchase price of the returned goods, unless otherwise agreed in writing.

Limitation of liability

We are not liable for any loss caused to you by reason of strikes, lockouts, fires, floods, storm or tempest, riots, war, embargoes, civil commotions, supplier shortages, raw material shortages, plant or mechanical breakdown, acts of God or any other activity beyond our control.
We shall not be liable for any guarantee, warranty or representation as to the quality, performance, and fitness for purpose or otherwise of any goods supplied through our ‘Order Online’ service unless expressed in writing and signed on behalf of Adelaide Fuel Distributors and any such warranty or representation shall be limited to its express terms.
In relation to the supply of goods, Adelaide Fuel Distributors’ total aggregate liability is limited to
(at Adelaide Fuel Distributors sole option):

1. replacing the goods or supplying similar goods; or
2. providing the cost for replacing the goods or for acquiring equivalent goods.

In no circumstance whatsoever shall we be liable to you or to any third party for any loss of profits, loss of anticipated savings, loss of opportunity or benefit, loss of a right, economic loss or financial loss, damages, interruption of business, or for any indirect or consequential loss (collectively, “Consequential Loss”) arising out of your use of this website, or as a result of any goods supplied through this website. Further, you agree to indemnify, and keep us indemnified, against any claim made against us by a third party for any Consequential Loss.
You agree to indemnify us, and keep us fully indemnified, against any claim that arises out of any breach of these Terms and Conditions and/or the goods supplied through our ‘Order Online’ service. This indemnity includes any legal fees and expenses we incur in order to enforce our rights, on an indemnity basis.

Miscellaneous

Nothing in these Terms and Conditions of use shall be read or applied so as to purport to exclude, restrict or modify or have the effect of excluding, restricting or modifying the application in relation to the supply of any goods pursuant to these terms and conditions of use all or any of the provisions the Competition and Consumer Act 2010 (Cth) or any relevant State or Federal Legislation which by law cannot be excluded, restricted or modified.
You must not assign any rights and obligations under these Terms and Conditions (whether in whole or in part) without our prior written consent.
Any failure by a party to insist upon strict performance by the other of any provision in these Terms and Conditions will not be taken to be a waiver of any existing or future rights in relation to the provision.
If any provision of these Terms and Conditions is invalid, illegal or unenforceable, other provisions which are self-sustaining are, and continue to be, enforceable in accordance with their terms.
Your use of this website and any dispute arising out of such use of the website is subject to the laws of South Australia, and the law of the Commonwealth of Australia in force in South Australia.

Privacy policy

Please refer to our Privacy Policy to see how we collect, use and protect your personal information. Please “click here” to view our Privacy Policy. Alternatively, a copy of our privacy policy is available upon request here.

Copyright notice

All texts, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”) including but not limited to the design, structure, selection, co-ordination, expression, “look and feel” and arrangement of such Content contained on the website is owned, controlled or licensed by or to us and is protected by copyright, patent and trademark laws and various other intellectual property rights and unfair competition laws. As set out we are either the owner, controller, or licensor of the Content. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 and similar legislation which applies in your location, and except as expressly authorised by these Terms and Conditions, you may not in any form or by any means, in relation to the website or the Content, copy, reproduce, re-publish, upload, post, publically display, encode, translate, transmit or distribute in any way (including “mirroring”) to any other computer, server, website or other medium or publication or distribution or for any commercial enterprise, or commercialise any information, goods or services obtained from any part of this website, without our express prior written consent.

Trade Marks

Except where otherwise specified, any word or device to which is attached the TM or ® symbol is a registered trade mark.
All trade marks reproduced in this website, which are not the property of, or licensed to Adelaide Fuel Distributors, are acknowledged on this website.
If you use any of our trade marks in reference to our activities, goods or services, you must include a statement attributing that trade mark to us. You must not use any of our trade marks:

1. in or as the whole or part or your own trade marks;
2. in connection with activities, products or services which are not ours;
3. in a manner which may be confusing, misleading or deceptive; or
4. in a manner that disparages us or our information, goods or services (including this website).

Restricted Use

Unless we agree otherwise in writing, you are provided with access to this website only for your personal use. You are authorised to print a copy of any information contained on this website for your personal use, unless such printing is expressly prohibited. You may not without our written permission on-sell information obtained from this website.

Linked Websites

From time to time, this website may contain links to other websites (“Linked Websites”). Those links are provided for convenience and may not remain current or be maintained. Such Linked Websites are not under our control and, accordingly, we are not responsible for, and we do not endorse, the content of such Linked Websites, including any information or materials contained therein. You will need to make your own independent judgment regarding your interaction with any Linked Websites. We are not responsible for the content or privacy practices associated with Linked Websites. Our links with Linked Websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those Linked Websites, or of any information, graphics, materials, goods or services referred to or contained on those Linked Websites, unless and to the extent stipulated to the contrary.

Specific Warnings – Website

You must ensure that your access to this website is not illegal or prohibited by laws which apply to you. You warrant to us that you are of sufficient legal age to use or participate in all services and features available on our website.
You must take your own precautions to ensure that the process which you employ for accessing this website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this website or any Linked Website. Whilst we have no reason to believe that any information contained on this website is inaccurate, we do not warrant the accuracy, adequacy or completeness of such information, nor do we undertake to keep this website updated. We do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy or currency of information contained on this website. Responsibility for the content of advertisements appearing on this website (including hyperlinks to advertisers’ own websites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers’ products and each advertiser is solely responsible for any representations made in connection with its advertisement.
Details contained on this website relating to goods or services have been prepared in accordance with Australian law and may not satisfy the laws of any other country. We do not warrant that the details on this website concerning those goods or services will satisfy the laws of any other country. It is your responsibility to determine whether these details satisfy the laws of the jurisdiction where you reside (if that jurisdiction is outside Australia).
You acknowledge that despite all reasonable precautions on our part, there is a risk of unauthorised access to or alteration of your transmissions or data or of information contained on your computer system or on this website. We do not accept responsibility or liability of any nature for any such losses which you may sustain as a result of such activity.

Disclaimer

We do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this website or any Linked Website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this website.

Security Policy

We take all reasonable steps to keep secure any information which we hold about you. Personal information may be stored both electronically on our computer system, and in hard-copy form. Firewalls, 128 SSL encryption, passwords, anti-virus software and email filters act to protect all our electronic information.

Termination of Access

Access to this website and/or our ‘Order Online’ service may be terminated at any time by us with or without notice. Our disclaimer will nevertheless survive any such termination.