1. General

1.1  This website is owned by TankVac® Australia Pty Ltd Reference to such as “TankVac®”, “our” “us” or “we” refer to the legal entity of TankVac® Australia Pty Ltd.

1.2  This website is a retail shopping website where you can browse select and purchase products from TankVac® Australia Pty Ltd.

1.3  Your access to and use of this website, including your orders and purchases of products is governed by these terms and conditions (Terms and Conditions).

1.4  Each order you place will be a separate and binding agreement between you and TankVac® with respect to the supply of the goods, in accordance with these Terms and Conditions.

2. Products and availability

2.1  Information in relation to product descriptions and purpose are in terms of that supplied by manufacturers.

2.2  All products on this website have been included in good faith on the basis that the products as described will be available at the time of sale.

2.3  A failure by suppliers to deliver in accordance with the product description or at all or other unintentional causes may result in the stock being unavailable.

2.4  TankVac® may cancel an order if the products are not available or if there was an error in the price or product description on this website.

2.5  You agree and acknowledge that:-

(a) All pictures and images of the product displayed on the website are for illustration purposes only, and the sizes and dimensions of goods may differ very slightly in real life;

(b) You have read any corresponding written description of the goods prior to submitting your order;

(c) Where we provide dimensions and measurements in the descriptions of goods, it is your responsibility to ensure the actual size of each item is suitable for your purpose and prior to submitting your order;

3. Pricing

3.1  All prices are shown in Australian Dollars including GST .

3.2  An order submitted by you on the website in the manner described on the website is an offer by you to purchase goods for the price (plus any Delivery Fee) as specified at the time you submit your order.

4. Payment

4.1  Processing of online orders will only be completed when funds have been transferred to TankVac®.

4.2  Payment is to be made by Visa or Mastercard, Direct Deposit or Cheque or Money Order

4.3  Unless otherwise stated, all prices quoted are in Australian Dollars and where applicable, inclusive of goods and services tax (GST). Any fees and charges (e.g. Delivery Fees) imposed by these Terms and Conditions also include GST where applicable.

4.4  TankVac® reserves the right to change or alter prices of goods on the website without notice to you, unless you have already submitted an order at a stipulated price, in which case there will be no change or alteration in pricing.

4.5  In respect of an order, TankVac® will charge you and you agree to pay:- the Price (which is the Price at the time the order is submitted);

4.6  If TankVac® is unable to process your nominated payment method, we may cancel your order.

4.7  We will provide you with an receipt/invoice statement showing the price and all other fees and charges for the products at the time of delivery.

4.8  You agree and acknowledge that any payment in respect of an order must be cleared by TankVac® before goods which are the subject of an order are dispatched. If your payment cannot be processed, your order will be rejected in accordance with these Terms and Conditions.

5. Postage, handling, freight and delivery

5.1  Delivery is by TankVac’s nominated Couriers (Delivery Agents).

5.2  Subject to the other provisions as contained within these Terms and Conditions TankVac® aims to achieve the delivery timeframes  advised to you on the website as part of the order process, subject to clause 5.3:-

5.3  You acknowledge and agree that notwithstanding anything else in this clause:-

(a)  TankVac® cannot guarantee that delivery will occur in the delivery timeframe specified in clause 5.2.  The delivery timeframes as advised in the order process are indicative delivery times, in business days, as advised by our delivery agents for your area.;

(b)  TankVac® will endeavour to dispatch orders within 1 business day (excluding public holidays) after payment has been accepted and cleared, subject to stock availability;

(c)  Delivery timeframes may change from time to time due to unforeseen circumstances and that the time frames as specified in clause 5.2 is an estimate only in which TankVac® will not be liable or responsible for in the event of any delay; and

(d)  TankVac® is not liable with respect to any loss, damage, costs, expense or injury you or any third party suffers as result of any change in delivery times or delay in delivery.

5.4  An appropriate person must be present to accept the delivery of your order, in which you may appoint a representative to do so in your place, in which any such representative must be over 16 years of age and capable of receiving delivery on your behalf, and you agree that TankVac® will be entitled to rely on the representatives instructions as if they were your own.

5.5  On delivery, the delivery agent may require you or your nominated representative to provide them with proof of identity, together with photo identification or proof of age. In the event that this clause is not complied with or no one is available to accept delivery then the delivery agent reserves the right to refuse to complete delivery, in which the delivery agent may elect to leave a calling card for collection from a local Australia Post Office or courier depot. Where redelivery is required for any reason whatsoever then you may be required to pay an associated fee for redelivery.

5.6  Insurance is not available in respect of your order.

5.7  If the shipping information provided by you is found to be misleading and in fact is actually outside of our delivery agent normal delivery area, you may be required to pay an addition Shipping and Handling Fee in order to have your order delivered.

5.8  During the order process, you may elect to provide us with an ‘Authority to Leave” (ATL) instructions for our delivery agent.  If the delivery agent is capable of acting upon that ATL, then you agree that the delivery agent proof of delivery is sufficient evidence that the delivery was made.

6. Placing an order

6.1  Goods can only be returned under these Terms and Conditions in accordance with the returns policy as set out in clause 8.

6.2  You may purchase products by selecting and submitting your order through this website.

6.3  Any order placed by you through this website is an offer by you to purchase a product for the price notified (including delivery and any other charges, fees and taxes) at the time you place the order.

6.4  If TankVac® accepts your order in which TankVac® may elect in its discretion not to accept, it will supply the product to you and send you an email shipment advice.

6.5  In certain circumstances, it may be necessary for TankVac® to reject your order and you will be notified of the rejection by email within a reasonable time after the order was submitted.  Any funds received in payment of the cancelled order will be returned through the same method of payment as it was received.

7. Risk

7.1  Risk and title to the goods passes to you on the date and time TankVac® passes the goods to the delivery agent.

7.2  A tracking label is attached to all orders dispatched.  You may track your order after dispatch by following the tracking service on the websites of the delivery agent.  If for any reason there is an extended delay in the delivery of the order, TankVac® will assist you by communicating with the delivery agent in an attempt to have your order located and delivered.

7.3  Any signature or scanning provided by the delivery agent as evidence of delivery will be accepted as proof that the order has been completed.

7.4  If our delivery agent attempts delivery of an order that appears to have been damaged in transit, you must open the order in front of the delivery agent and either sign for the goods in the condition they have been received, note on the delivery agent’s documentation the extent of the damage or refuse acceptance of the delivery.  You must advise us of details within 24 hours of the attempted delivery.

8. Return for refund of exchange

8.1  If you need to return goods to us, please contact us by phone or email to obtain a returns authorisation within two (2) business days of receipt of your product.

8.2  The contact details are as follows:-

TankVac®
Returns and Warranties
1 Riverine Court
Samford QLD 4520

Phone: 0423 688360
Email: info@tankvac.com.au

8.3  Any products purchased at a reduced price cannot be returned, exchanged or replaced simply because you have changed your mind.

8.4  TankVac® will only accept goods for refund when the goods are returned in an unused original and saleable condition within original packaging and with all tags and labels attached.

8.5  Goods damaged in transit or due to faulty manufacture, subject to clause 13.6 should be retained in case they need to be returned for our inspection or the inspection of the manufacturer.

8.6  Replacement goods cannot be sent until we have received the returned goods.

8.7  We will refund any reasonable postage costs incurred in returning faulty goods.

8.8  Subject to clause 13.6 we will gladly refund your purchase if the goods supplied are faulty and we are unable to repair or find a replacement.

8.9  Any refund we provide will be made using the same payment method as used to purchase the goods.

9. Exchange of products

9.1  TankVac® will only accept goods for exchange when the goods are returned in unused original and saleable condition within original packaging and with all tags and labels attached.

9.2  The cost of returning the goods to TankVac® is the responsibility of the purchaser

9.3  All exchanges will be charged at the usual postage rate when returned to you.

9.4  We do not accept any responsibility for goods lost in return transit.

10. Special Orders

10.1  Special orders mean any made to order items or any item ordered in specifically at your request.  These Special Orders may include but are not limited to; larger units, may not be accepted for return or refund.

10.2  Notwithstanding clause 10.1 TankVac® may in its absolute discretion elect to choose to accept such returns and charge a handling fee of twenty percent of the value paid for the goods.

11. Non-returnable items

11.1  Whereas a unit that has already been seen to be used

12. Defective Items

12.1  TankVac® will exchange, refund or replace any goods that have been purchased at full price which have later been determined to be defective by the manufacturer.

12.2  Any goods purchased at a reduced price and found defective will not be returned, exchanged or replaced provided the defect was disclosed at the time of purchase.

13. Liability

13.1  To the extent permitted by law and any rights which you may be entitled under our returns policy, our liability to you in respect of any claim for loss or damage, whosoever arising is limited to replacement or repair of the products or the supply of equivalent products.

13.2  TankVac’s liability to you for any loss or damage is reduced to the extent that you cause or contribute to the loss or damage.

13.3  TankVac® excludes, to the extent permitted by law, all implied terms and warranties whether statutory or otherwise relating to this website or the products and TankVac® will not be liable to you or any third party for any loss, damage, cost, expense or injury (including indirect loss such as loss of revenue, profits, goodwill, business opportunity, or injury to your reputation) in contract, tort, under statute or otherwise, howsoever caused including arising directly or indirectly from or in connection with these Terms and Conditions.

13.4  You acknowledge that this website and the information regarding the goods is provided “as is” and TankVac® makes no representation or warranty as to the suitability of a product for any particular purpose.

13.5  Nothing in these Terms and Conditions is intended to have the effect of excluding, restricting or modifying the application of all or any of the provisions of Part 5-4 of Schedule 2 to the Competition and Consumer Act 2010 (Cth) (Act) or any liability of TankVac® in relation to a failure to comply with a guarantee that applies under Division 1 of Part 3-2 of that Act to a supply of goods.

13.6  Any express warranty, for example a manufacturer’s warranty or warranty against defects accompanying the goods you purchase is a warranty between you and the manufacturer with respect to the performance of the goods. In the event that you wish to make a claim under that warranty, details of the warranty and the claim process including the address and fees to which a claim must be sent with the goods. TankVac® strongly encourages you to follow the warranty claim process and contact the manufacturer to resolve your warranty claim. Other than expressly stated in relation to particular goods, TankVac® does not make any express warranty with respect to goods sold on the website, and is not liable to you or any third party with respect to any loss, damage, costs, expense or injury you or any third party incur or sustain as a result of a breach of any such express warranty.

14. Termination

14.1  TankVac® may immediately suspend, terminate or limit your access to and use of this website if you breach these terms and conditions and the breach either cannot be remedied or you fail to remedy the breach within ten (10) days notice of that breach to you by TankVac®

15. Use of Materials

15.1  TankVac® allows you to print, re-produce, download and view materials from this website subject to the material being used exclusively for personal use and the material not being modified in any manner.

15.2  The copying, reproducing or distributing any material from this site for any commercial use is expressly prohibited without TankVac’s express written consent

15.3  The copying, reproducing or re-designing of our trademarked logo’s is expressly prohibited without TankVac’s express written consent.

16. Information on this Site

16.1  TankVac® takes all care to ensure that the information contained herein is up to date and accurate however we make no representation as to the accuracy, currency or completeness of any information on the site.

17. Third Party Information on our sites

17.1  TankVac® endeavours to keep inappropriate material including obscene, harassing, pornographic, abusive, slanderous, defamatory, vulgar and/or offensive material off our sites.

17.2  Third party insertion of information on our website blog and on product reviews is moderate by our staff and will not be approved if considered to be inappropriate.

17.3  Third party insertion on our Facebook page is monitored by our staff and will be removed if considered to be inappropriate

18. Expert Advice

18.1  Any expert advice contributed by our website is of general advice and should not be considered as specific to any particular individual.  For specific advice, you should consult your own appropriately qualified expert.

19. Cyber Security and Fraud

19.1  TankVac® is committed to protecting the security and integrity of online retailing.

19.2  TankVac® uses Secure Sockets Layer technology (SSL) to create a secure online environment using encryption that provides the highest level of protection against online fraud.

19.3  Any attempts to commit online or credit card fraud will be referred to Queensland Police for investigation.

20. Privacy

20.1  TankVac® respects that personal information is provided to it by clients and is committed to treating that information with the highest degree of integrity and privacy.

20.2  Personal information we collect from you will only be used for the purpose of completing your purchase and to assist us in providing a higher level of service to you in the future.

20.3  Personal information held by TankVac® may include your name, current addresses, telephone / mobile number, email address, previous order history.

20.4  Your personal information may be provided to our agents, for example our Delivery Agents, our accountant, our solicitor, for the purpose of completing your order or in the ordinary course of our business.

20.5  Your personal information will not be provided to any outside party unless compelled to by law or a court order.

20.6  TankVac® will take all reasonable precautions to prevent your personal information from loss, misuse, unauthorized access, modification or disclosure by storing it in a secure environment and allowing access only to authorized persons.

20.7  We do not hold your Credit Card details. Your Credit Card payments are made through our bank, Bendigo and Adelaide Bank Limited, (ABN 11 068 049 178 AFSL / Australian Credit Licence 237879) with a proven and secure banking gateway for real time Credit Card validation and transaction processing, it adheres to the highest security standards set by Visa and Mastercard.

20.8  If you have any questions in relation to privacy, please contact our office at:

Address: 1 Riverine Court , Samford, Queensland 4520
Telephone: 0423 688360
Email: info@tankvac.com.au

21. General

21.1  Any provision of these Terms and Conditions that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions of these Terms and Conditions nor affect the validity or enforceability of that provision in any other jurisdiction.

21.2  Any failure or delay by TankVac® to exercise a power or right under these Terms and Conditions does not constitute as a waiver of that power or right, and the exercise of a power or right by TankVac® does not preclude its future exercise or the exercise of any power or right.

21.3  The laws of Queensland, Australia govern this agreement, in which your transaction is deemed to having taken place in Queensland.