Terms and Conditions of Trade

Flowco Services Australia Pty Ltd

ACN 686 904 674
ABN 26 686 904 674

Registered Office:
Level 1, 313 Burwood Road
Hawthorn VIC 3122
Australia

Phone: 1800 356 926
Email: service@flowcoaustralia.com
Website: www.flowcoaustralia.com

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1. Definitions

Flowco means Flowco Services Australia Pty Ltd ACN 686 904 674.

Goods means all goods supplied by Flowco.

Services means all services supplied by Flowco including fuel system testing, tank cleaning, fuel polishing, compliance inspections, integrity testing, maintenance, upgrades and related works.

Price means the amount payable for Goods and/or Services as set out in a quotation or invoice.

Purchaser means the person or entity acquiring Goods and/or Services and if more than one, jointly and severally.

GST has the meaning given in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

2. Acceptance

These Terms apply to every supply of Goods and Services.

The Purchaser accepts these Terms by placing an order, accepting supply, or making payment.

Any terms proposed by the Purchaser are excluded unless agreed in writing.

3. Price and Payment

Quotations are valid for 30 days unless otherwise stated.

Pricing is based on time and materials unless otherwise agreed.

Flowco may vary pricing where scope changes or site conditions differ.

Invoices are payable within 14 days unless otherwise stated.

Interest may be charged on overdue amounts at 1.5% per month calculated daily.

The Price is exclusive of GST unless stated otherwise.

Payment must be made without set-off except as required by law.

4. Delivery and Site Access

Delivery occurs when Goods are delivered or collected.

Delivery dates are estimates only.

The Purchaser must provide safe and lawful access.

Flowco may suspend work if site conditions are unsafe or non-compliant.

5. Risk and Title

Risk passes on delivery.

Title remains with Flowco until full payment is received.

• The Purchaser holds Goods as bailee
• Goods must be stored separately
• Flowco may recover Goods if unpaid

6. PPSR Security Interest

These Terms create a security interest in favour of Flowco.

The Purchaser consents to registration on the Personal Property Securities Register.

The Purchaser must assist in perfecting that security interest.

7. Site Conditions and Underground Services

The Purchaser must identify and mark all underground services.

Flowco is not liable for damage caused by incorrect or incomplete site information.

Flowco remains liable for its own negligence.

8. Inspection and Defects

Goods must be inspected within 5 business days.

Written notice of defects must be provided promptly.

Failure to notify does not limit statutory rights.

Flowco may repair, replace or refund defective Goods at its discretion.

9. Australian Consumer Law

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law.
For major failures, you are entitled to a replacement or refund and compensation for any other reasonably foreseeable loss or damage.
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.

Where permitted under the Competition and Consumer Act 2010 (Cth), liability is limited to repair, replacement or cost of repair or replacement.

10. Services Warranty

Services will be provided with due care and skill.

Claims must be notified within 14 days of completion.

Flowco is not liable for misuse, failure to maintain, third party interference, force majeure events or fair wear and tear.

11. Environmental and Regulatory Disclaimer

Flowco provides inspection, testing and maintenance services only.

Flowco does not assume responsibility for historical contamination, latent environmental conditions, pre-existing regulatory breaches or remediation obligations unless expressly agreed in writing.

Reports reflect conditions observable at the time of inspection only.

12. Limitation of Liability

To the extent permitted by law, Flowco is not liable for indirect or consequential loss including loss of profit.

Flowco’s aggregate liability is capped at the lesser of:

• The amount paid for the relevant Goods or Services
• The limit of indemnity available under Flowco’s insurance policy

Nothing excludes liability for death or personal injury caused by negligence.

13. Work Health and Safety

The Purchaser must provide a safe workplace, comply with WHS legislation, disclose hazards and ensure safe site access.

Flowco may suspend works if safety risks exist.

14. Default

If payment is overdue, Flowco may suspend supply, recover reasonable debt recovery costs or require prepayment.

If the Purchaser becomes insolvent, Flowco may terminate and recover Goods.

15. Termination

Either party may terminate for material breach after reasonable notice.

If the Purchaser cancels, it must pay for work performed, committed costs and restocking or mobilisation costs.

16. Dispute Resolution

Parties must attempt good faith resolution.

If unresolved within 30 days, dispute must be referred to mediation in Victoria.

Court proceedings may commence only after mediation unless urgent relief is required.

17. Force Majeure

Neither party is liable for delay caused by events beyond reasonable control.

18. Governing Law

These Terms are governed by the laws of Victoria, Australia.