Terms & Conditions

1. About these Terms

1.1 In these Terms “KLM”, “we”, “us” and “our” means KLM Gas Pty Ltd ATF KLM Trust T/A KLM Energy Services.
1.2 “You” means any person who accesses the website or submits an order via offline and online methods.
1.3 If you do not agree to these Terms, do not use the website or submit an order either offline or online.

2. Definitions

2.1 “Customer” means the person/s buying the Goods/Services (and/or hiring Equipment) as specified in any invoice, document or order, and if there is more than one Customer is a reference to each Customer jointly and severally.
2.2 “Goods” means all Goods/Services supplied by KLM to the Customer at the Customer’s request from time to time (where the context so permits the terms ‘Goods’ or ‘Services’ shall be interchangeable for the other).
2.3 “Equipment” means all Equipment such as cylinders and including any accessories supplied on hire by KLM to the Customer (and where the context so permits shall include any supply of Services). The Equipment shall be as described on the invoices, quotation, authority to hire, or any other work authorisation form provided by KLM to the Customer.
2.4 “LPG” means the propane packaged in cylinders KLM delivers to the Customer premises.
2.5 “Price” means the Price payable for the Goods, Services and/or Fees as determined by KLM and in accordance with clause 10 & 11 below.
2.6 “Facility Fee” means the amount payable each year (in advance) for the Customers use of KLM Equipment.

3. Website use rules, Accuracy and Availability

3.1 You may use the website for personal or business purposes to learn about our Goods/Services, Delivery areas/days, submit orders and make enquiries.
3.2 We aim to keep website information current and accurate. Information on the website may change without notice and may contain errors. To the extent permitted by law, we do not warrant that the website content is complete, reliable or up to date at all times.
3.3 You must not:
a) Use the website in a way that breaches any law or infringes any person’s rights.
b) Attempt to gain unauthorised access to the website, its servers or related systems.
c) Introduce malware or interfere with the website’s operation.
d) Scrape, harvest or copy website content at a scale without consent.
3.4 The website may be unavailable from time to time due to maintenance or factors outside our control. We do not
guarantee continuous or uninterrupted access.

4. Products and Services

4.1 KLM agrees to sell and supply to the Customer, and the Customer agrees to buy LPG on the terms and subject to the conditions of this Agreement.
4.2 LPG will be delivered by LPG exchange cylinders in the size according to the Customer’s installation as follows:
a) 45kg LPG vapour exchange cylinders – must be connected to installation by KLM representative
b) 45kg LPG Liquid exchange cylinder – delivery only to Commercial Customers
c) 18kg LPG vapour exchange cylinders – must be connected to installation by KLM representative
d) 13.5kg LPG vapour exchange cylinders – must be connected to installation by KLM representative
e) 15kg LPG Forklift exchange cylinders – delivery only
f) 8.5kg LPG cylinders – KLM owned and must be connected to installation by KLM representative

5. Acceptance and Access

5.1 The Customer is taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions if the Customer places an order for and/or accepts delivery of the Goods/Equipment.
5.2 KLM will commence supply of LPG exchange cylinders and/or Equipment to the Customer on the date of first delivery.
5.3 These terms and conditions may only be amended with KLM’s consent in writing and shall prevail to the extent of any inconsistency with any other document or agreement between the Customer and KLM.
5.4 The Customer accepts and agrees that if KLM is requested to provide urgent or unscheduled deliveries outside the agreed terms, then KLM reserves the right to charge the Customer for all such additional Services provided in accordance with clause 11.
5.5 The Customer agrees that KLM may enter the Customer’s site on and from the date of first supply and during the term of this Agreement for the purpose of performing this Agreement.
5.6 The Customer must ensure that KLM has clear, safe and unobstructed access to the cylinders and relevant areas of the property where LPG Equipment is located and allow us to connect, exchange, disconnect and collect our Equipment.
5.7 Where the Customer is a tenant (and therefore not the owner of the land and premises where Goods are to be installed) then the Customer warrants that the Customer has obtained the full consent of the owner for KLM to install the Goods on the owners’ land and premises. The Customer acknowledges and agrees that they shall be personally liable for full payment of the Price for all Services provided under this agreement and to indemnify KLM against any claim made by the owner of the premises (howsoever arising) in relation to the installation of the Goods and the provision of any related Services by KLM except where such claim has arisen because of the negligence of KLM when installing the Goods.
5.8 The Customer agrees that they shall upon request from KLM provide evidence that:
a) they are the owner of the land and premises upon which the Services are to be undertaken; or
b) where they are a tenant that they have the consent of the owner for the Goods to be installed on the land and premises upon which the services are to be undertaken.
5.9 KLM shall not be liable for any loss or damage to the site (including, without limitation, damage to pathways, driveways and concreted or timber or paved or grassed areas) unless due to the negligence of KLM.

6. Change in Control

6.1 The Customer shall give KLM not less than fourteen (14) days prior written notice of any proposed change of ownership or leasing of the premises where KLM Goods/Services are currently in place.
6.2 The Customer shall give KLM not less than fourteen (14) days prior written notice of any other change in the Customer’s details (including but not limited to, changes in the Customer’s name, address, contact phone, email, or business practice).
6.3 The Customer shall be liable for any loss incurred by KLM because of the Customer’s failure to comply with this clause.
6.4 It is the Customer’s responsibility to inform KLM should the Customer chose to close the LP Gas account. Other LP Gas suppliers will not close Customer’s accounts on their behalf. The Customer must contact KLM Gas to close all accounts and finalise any outstanding debts. Failure to close the account will result in invoices for annual rental fees to continue to be issued. KLM will request advice regarding KLM cylinders to arrange collection. No other supplier is to remove KLM Gas cylinders from the premises without prior written consent

7. LPG cylinders

7.1 KLM will provide and, where applicable, install the LPG cylinders at an approved location at the premises for the Customer to rent from us as of the date of first supply. The Customer gives KLM permission to do so and agrees to pay the annual Facility Fee and/or deposit in respect of the LPG cylinders.
7.2 As an authorised Agent of Origin Energy, the LPG Cylinders remain the property of KLM until returned to Origin through the KLM delivery network.
7.3 As the Customer will be renting the LPG Cylinders from KLM, the Customer must:
a) Obtain and comply with all Regulatory Requirements such as Gas Safety Compliance Certificates required to have LPG cylinders installed and used on site.
b) Keep the area containing the LPG cylinders safe and unobstructed.
c) Pay a Facility Fee annually per cylinder to “borrow/rent” KLM equipment see clause 8.
d) Not use any LPG cylinders if it is not, or appears to not to be, in good working order and notify KLM by telephone immediately if this is the case.
e) Immediately inform KLM by telephone of any suspected gas leaks from KLM Equipment.
f) Cease using LPG cylinders and notify KLM immediately by telephone if you become aware that LPG is not odourised
g) Not to move or remove the LPG cylinders from its installed position on Site without KLM’s prior written approval. If LPG cylinders are required to be moved, there may be a reasonable cost to do so which will be discussed and agreed upon in advance.
h) Not alter or modify the LPG cylinders or allow any non-standard LPG attachment to be affixed.
i) Not alter or modify the installation and/or the immediate area in which the Goods are located.
j) Must return any empty LPG cylinders to KLM.
k) Agree to reimburse KLM for the costs of repairing or replacing any damaged or destroyed LPG cylinders other
than because of normal wear and tear or any damage KLM causes.
l) Care for the LPG cylinders safely, lawfully and in accordance with any safety directions advised by KLM.
7.4 The Customer must only allow KLM to exchange LPG cylinders.
7.5 Accept that ownership of, and risk in, the LPG upon delivery of the LPG cylinders to the Customer’s premises.

8. Cylinder Rental

8.1 Cylinders shall always remain the property of KLM and is returnable on demand by KLM. If cylinders are not returned to KLM in the condition in which it was delivered or is not returned at all, KLM retains the right to charge the Customer the full cost for repair or replacement.
8.2 Customers must not sell, dispose of, or encumber any cylinders and must be returned on request.
8.3 The Customer shall:
a) keep the Cylinders in their own possession and control and shall not assign the benefit of the cylinders nor be entitled to a lien over the cylinders.
b) not alter or make any additions to the cylinders including but without limitation altering, make any additions to, defacing or erasing any identifying mark, plate or number on the cylinders or in any other manner interfere with the cylinders.
c) keep the cylinders, complete with all parts and accessories, clean and in good order as delivered, and shall comply with any maintenance schedule as advised by KLM to the Customer.
8.4 The Customer accepts full responsibility for the safekeeping of the cylinders and the Customer agrees to insure, or self-insure, KLM’s interest in the cylinders and agrees to indemnify KLM against physical loss or damage including, but not limited to, the perils of accident, fire, theft and burglary and all other usual risks and will effect adequate Public Liability Insurance covering any loss, damage or injury to property or persons arising out of the use of the cylinders. Further the Customer will not use the cylinders nor permit it to be used in such a manner as would permit an insurer to decline any claim.

9. Delivery

9.1 KLM will deliver LPG exchange cylinders to the Delivery Point in accordance with a delivery schedule to be determined by KLM.
9.2 The Customer must take delivery by receipt or collection of the Goods/Equipment whenever either is tendered for delivery. In the event that the Customer is unable to take delivery of the Goods/Equipment as arranged then KLM shall be entitled to charge a reasonable fee for redelivery of the Goods/Equipment and/or the storage of the Goods.
9.3 Delivery of the Goods/Equipment is taken to occur at the time that:
a) KLM delivers the Goods/Equipment to the Customer’s nominated address even if the Customer is not present
at the address.
b) the Customer takes possession of the Goods/Equipment at KLM’s address
9.4 We may refuse, cancel or reschedule a delivery if we reasonably consider that:
a) The requested Goods/Services are unavailable;
b) Your address is outside our delivery area;
c) Access or safety requirements are not met;
d) You have outstanding overdue amounts; or
e) There is an error in pricing or scheduling.
9.5 At KLM’s sole discretion the cost of delivery is included in the price.
9.6 Delivery days displayed online or verbally are indicative schedules and may change due to operational requirements or events outside our control. We will use all reasonable efforts to deliver on the confirmed date, but we do not guarantee an exact time of delivery unless we have agreed a Specific Delivery Time Service with you prior to the delivery day.
9.7 You do not need to be home for delivery provided we have clear, safe and unobstructed access. For safety reasons, if you are not home and you were completely out of gas in all cylinders, we will leave the new cylinder/s turned off. You are responsible for safely turning the cylinder on at the valve when appropriate.
9.8 Any time or date given by KLM to the Customer is an estimate only. The Customer must still accept delivery of the Goods/Equipment even if late and KLM will not be liable for any loss or damage incurred by the Customer as a result of the delivery being late.
9.9 If we agree to deliver LPG cylinders to your site, we will not be liable to repair or maintain your equipment, and you must ensure that the site meets all applicable regulatory requirements and it is safe and maintained in good working order.
9.10 Without breach of this agreement, KLM may refuse to deliver LPG cylinders to your installation if it appears to be un-safe, damages or non-compliant with regulatory requirement, until you repair or replace it and is deemed compliant by us.
9.11 Due to Workplace, Health and Safety, no LPG deliveries will take place at night, unless specific safety arrangements have been agreed to between KLM and the Customer prior to delivery.

10. Price and Payment

10.1 At KLM’s sole discretion the Price shall be either:
a) provided by phone, email, invoice or other communications to the Customer; or
b) as indicated on any invoice provided by KLM to the Customer; or
c) KLM’s quoted price (subject to clause 10.2) which will be valid for the period stated in the quotation or otherwise for a period of thirty (30) days.
10.2 KLM reserves the right to change the Price if a variation to KLM’s quotation is requested. Any variation from the
plan of scheduled Services or specifications of the Goods (including, but not limited to, any variation as a result of fluctuations in currency exchange rates or increases to KLM in the cost of taxes, levies, materials and labour) will be charged for on the basis of KLM’s quotation and will be shown as variations on the invoice.
10.3 Time for payment for the Goods/Equipment being of the essence, the Price will be payable by the Customer on the date/s determined by KLM, which may be:
a) on delivery of the Goods/Equipment;
b) before delivery of the Goods/Equipment;
c) by way of instalments/progress payments as agreed to between KLM and the Customer;
d) fourteen (14) days following the date of the invoice which is left on delivery or posted or emailed to the
Customer’s delivery or billing address or email address for notices;
e) the date specified on any invoice or other form as being the date for payment
10.4 Payment may be made by cash, Bank Transfer, BPAY, or credit card.
10.5 Unless otherwise stated, prices are in Australian Dollars and include GST where applicable.
10.6 KLM may change your pricing for LPG exchange and associated service fees (refer to clause 11) by notice to the Customer from time to time, effective immediately from the date of the notice. Notice will be provided verbally if orders are placed via phone or emailed at time of order – prior to delivery. KLM will advise you of those rates on request.
10.7 At KLM’s sole discretion a non-refundable deposit may be required.
10.8 Customer must pay invoices by the due date stated on the invoice. Facility fees and cylinders delivery are invoiced separately unless otherwise agreed to be combined. If account is overdue, KLM may cease supply until the account is brought up to date or may result in cylinders being collected, with prior notice and held at the KLM depot until payment is received.
10.9 Any discounts applicable to the Price shall become null and void if payment is not made by the due date stated on the invoice and/or statement and, we reserve the right to apply a late payment fee.
10.10 If payment is not received after reasonable attempts made by KLM, we further reserve the right contact a debt collection agency regarding the account. Fees and charges associated with using such agencies will be passed on to the customer.

11. Schedule of Fees

11.1 Facility fee refers to the cylinder/s as a “holding facility” (equipment to hold gas). The fee is a percentage of the cost to purchase, maintain and test each cylinder as required. The Facility Fee is non-refundable and is calculated according to the number and size of the cylinders provided at your site. Facility Fees are payable annually in advance and are invoiced separately unless customer requests to combine with a delivery prior to the Facility Fee due date. Facility Fees will be charged on your first delivery or at Change of Control (6.1) if Facility Fees are due. Failure to pay Facility Fees invoice may result in cylinders being collected, with prior notice and held at the KLM depot until payment is received.
11.2 Non-Schedule Delivery Fee may be applied to a standard delivery outside of the normal scheduled delivery day. Charges will be advised at time of ordering and agreed upon prior to delivery. Delivery is subject to availability.
11.3 Saturday Non-Schedule Delivery Fee will be applied to a standard delivery taking place on a Saturday. Charges will be advised at time of ordering, agreed upon and paid prior to delivery. A Saturday delivery may take place anytime after 3:00pm the Friday prior but is still classified as a Saturday delivery. Delivery is subject to availability.
11.4 Sunday Non-Schedule Delivery Fee will be applied to a standard delivery taking place on a Sunday. Charges will be advised at time of ordering, agreed upon and paid prior to delivery. Delivery is subject to availability.
11.5 Public Holiday Non-Schedule delivery Fee will be applied to a standard delivery taking place on any Queensland gazetted public holiday. Charges will be advised at time of ordering, agreed upon and paid prior to delivery. Delivery is subject to availability.
11.6 Non-Standard Delivery Fee may be applied to a delivery outside of the normal scope of a standard delivery. This can include but not limited to delivery requiring a specialised vehicle for access. Charges will be advised at time of ordering and agreed upon prior to delivery. Delivery is subject to availability.
11.7 Specific Delivery Time Fee may be applied to a delivery required to be completed at a specific time as directed by the customer, but within our normal trading business hours. Charges will be advised at time of ordering and agreed upon prior to delivery. Delivery is subject to availability.
11.8 Gas Fitter Call Out Fee will be applied to any situation in which a Gas Fitter requires attendance outside of the normal scope of a standard delivery. Initial call out fee includes the first fifteen minutes which incorporates inspection of the installation. Charges will be advised and agreed upon prior to attendance. Payment may be required before attendance. Gas Fitter’s attendance is subject to availability.
11.9 Paper Invoice Fee may be applied to any paper invoice and/or receipt issued to a customer via mail through Australia Post. Charges will be identified on the invoice and/or receipt and can be avoided by accepting all correspondence electronically such as email or text. KLM Gas must be notified of preference changes to electronic correspondence prior to paper invoice and/or receipt is issued.
11.10 Late Payment Fee may be applied to any invoice whereby payment has not been received by the due date and is subject to KLM Gas’s discretion. Charges are advised on invoices.
11.11 Debt Collection Fee all charges associated with using third party debt collection agencies will be passed on to the Customer.
11.12 Cylinder Restocking Fee will be applied to all cylinders when requesting a refund on an unused full LPG cylinder.
11.13 Disposal of Cylinder Fee may be charged when a customer arranges with KLM Gas to dispose of an LPG cylinder (9kg or under). Charges will be advised and paid prior to collection.
11.14 Cylinder Replacement Fee may be charged when cylinders are not returned to KLM in the condition in which it was delivered or is not returned at all.

12. Refunds

12.1 Refunds on LPG are eligible on the return of full cylinders supplied by KLM Gas. Cylinders are collected from site by KLM Gas for weighing at the depot. If cylinder/s are confirmed to be full and unused a refund will be arranged less a Cylinder restocking fee (refer to 11.13).
12.2 Refunds can only be issued to the original purchaser or authorised representative.
12.3 Refund process can take up to 21 business days from the date of cylinder collection.
12.4 There are no refunds on partially used cylinders.

13. Risk

13.1 If the Customer requests KLM to leave Cylinders outside KLM’s premises for collection or to deliver the Cylinders to an unattended location, then such Goods shall be left at the Customer’s sole risk.
13.2 Where KLM is required to install the Goods the Customer warrants that the structure of the premises or equipment in or upon which these Goods are to be installed or erected is sound and will sustain the installation and work incidental thereto and KLM shall not be liable for any claims, demands, losses, damages, costs and expenses howsoever caused or arising in connection with the installation and work incidental thereto.
13.3 The Customer acknowledges that KLM is only responsible for Cylinders/Equipment that are replaced by KLM and that if other parts/Goods, subsequently fail, the Customer agrees to indemnify KLM against any loss or damage to the Goods, or caused by the Goods, or any part thereof howsoever arising.
13.4 Any advice, recommendation, information, assistance or service provided by KLM in relation to Goods or Services supplied is given in good faith, is based on KLM’s own knowledge and experience and shall be accepted without liability on the part of KLM and it shall be the responsibility of the Customer to confirm the accuracy and reliability of the same in light of the use to which the Customer makes or intends to make of the Goods or Services.

14. Title To Goods

14.1 KLM and the Customer agree that ownership of the Goods shall not pass until:
a) the Customer has paid KLM all amounts owing to KLM; and
b) the Customer has met all other obligations to KLM.
14.2 Receipt by KLM of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised.
14.3 It is further agreed that:
a) until ownership of the Goods passes to the Customer in accordance with clause 14.1 that the Customer is only a bailee of the Goods and must return the Goods to KLM on request.
b) the Customer holds the benefit of the Customer’s insurance of the Goods on trust for KLM and must pay to KLM the proceeds of any insurance in the event of the Goods being lost, damaged or destroyed.
c) the Customer must not sell, dispose, or otherwise part with possession of the Goods other than in the ordinary course of business and for market value. If the Customer sells, disposes or parts with possession of the Goods then the Customer must hold the proceeds of any such act on trust for KLM and must pay or deliver the proceeds to KLM on demand.
d) the Customer irrevocably authorises KLM to enter any premises where KLM believes the Goods are kept and recover possession of the Goods.
e) KLM may recover possession of any Goods in transit whether or not delivery has occurred.
f) the Customer shall not charge or grant an encumbrance over the Goods nor grant nor otherwise give away any interest in the Goods while they remain the property of KLM.
g) KLM may commence proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods has not passed to the Customer.

15. Personal Property Securities Act 2009 (“PPSA”)

15.1 In this clause financing statement, financing change statement, security agreement, and security interest has the meaning given to it by the PPSA.
15.2 Upon assenting to these terms and conditions in writing the Customer acknowledges and agrees that these terms and conditions constitute a security agreement for the purposes of the PPSA and creates a security interest in all Goods/Equipment that has previously been supplied and that will be supplied in the future by KLM to the Customer.
15.3 The Customer undertakes to:
a) promptly sign any further documents and/or provide any further information (such information to be complete,
accurate and up-to-date in all respects) which KLM may reasonably require to;
(i) register a financing statement or financing change statement in relation to a security interest on the Personal
Property Securities Register;
(ii) register any other document required to be registered by the PPSA; or
(iii)correct a defect in a statement referred to in clause 15.2a)(i) or 15.2a)(ii);
b) indemnify, and upon demand reimburse, KLM for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register established by the PPSA or releasing any Goods/Equipment charged thereby;
c) not register a financing change statement in respect of a security interest without the prior written consent of KLM;
d) not register, or permit to be registered, a financing statement or a financing change statement in relation to the Goods/Equipment in favour of a third party without the prior written consent of KLM;
e) immediately advise KLM of any material change in its business practices of selling Goods which would result in a change in the nature of proceeds derived from such sales.
15.4 KLM and the Customer agree that sections 96, 115 and 125 of the PPSA do not apply to the security agreement created by these terms and conditions.
15.5 The Customer waives their rights to receive notices under sections 95, 118, 121(4), 130, 132(3)(d) and 132(4) of the PPSA.
15.6 The Customer waives their rights as a grantor and/or a debtor under sections 142 and 143 of the PPSA.
15.7 Unless otherwise agreed to in writing by KLM, the Customer waives their right to receive a verification statement in accordance with section 157 of the PPSA.
15.8 The Customer must unconditionally ratify any actions taken by KLM under clauses 15.2 to 15.5.
15.9 Subject to any express provisions to the contrary nothing in these terms and conditions is intended to have the effect of contracting out of any of the provisions of the PPSA.

16. Defects, Warranties and Returns, Competition and Consumer Act 2010 (CCA)

16.1 The Customer must inspect the Goods/Equipment on delivery and must within forty eight (48) hours of delivery notify KLM in writing of any evident defect/damage, shortage in quantity, or failure to comply with the description or quote. The Customer must notify any other alleged defect in the Goods/Equipment as soon as reasonably possible after any such defect becomes evident. Upon such notification the Customer must allow KLM to inspect the Goods/Equipment.
16.2 If there is a problem with Goods/Services supplied, contact KLM as soon as possible. KLM will assess and, where required, repair, replace, re-supply or refund in accordance with Australian Consumer Law (ACL)
16.3 Nothing in these Terms excludes, restricts or modifies any consumer guarantees or other rights you may have under the ACL that cannot be excluded.
16.4 For safety reasons, and depending on the circumstances, some Goods (such as filled LPG cylinders) may not be returnable once delivered unless faulty or supplied in error. KLM will advise the Customer of options on a case-bycase basis and in accordance with the ACL.
16.5 Under applicable State, Territory and Commonwealth Law (including, without limitation the CCA), certain statutory implied guarantees and warranties (including, without limitation the statutory guarantees under the CCA) may be implied into these terms and conditions (Non-Excluded Guarantees).
16.6 KLM acknowledges that nothing in these terms and conditions purports to modify or exclude the Non-Excluded Guarantees.
16.7 Except as expressly set out in these terms and conditions or in respect of the Non-Excluded Guarantees, KLM makes no warranties or other representations under these terms and conditions including but not limited to the quality or suitability of the Goods/Equipment. KLM’s liability in respect of these warranties is limited to the fullest extent permitted by law.
16.8 If the Customer is a consumer within the meaning of the CCA, KLM’s liability is limited to the extent permitted by section 64A of Schedule 2.
16.9 If KLM is required to replace the Goods under this clause or the CCA, but is unable to do so, KLM may refund any money the Customer has paid for the Goods.
16.10 If the Customer is not a consumer within the meaning of the CCA, KLM’s liability for any defect or damage in the Goods is:
a) limited to the value of any express warranty or warranty card provided to the Customer by KLM at KLM’s sole discretion.
b) limited to any warranty to which KLM is entitled, if KLM did not manufacture the Goods.
c) otherwise negated absolutely.
16.11 Subject to this clause 166, returns will only be accepted provided that:
a) the Customer has complied with the provisions of clause 16.1; and
b) KLM has agreed that the Goods are defective; and
c) the Goods are returned within a reasonable time at the Customer’s cost (if that cost is not significant); and
d) the Goods are returned in as close a condition to that in which they were delivered as is possible.
16.12 Notwithstanding clauses 16.1 to 16.11 but subject to the CCA, KLM shall not be liable for any defect or damage which may be caused or partly caused by or arise as a result of:
a) the Customer failing to properly maintain or store any Goods/Equipment.
b) the Customer using the Goods/Equipment for any purpose other than that for which they were designed;
c) the Customer continuing the use of the Goods/Equipment after any defect became apparent or should have become apparent to a reasonably prudent operator or user;
d) the Customer failing to follow any instructions or guidelines provided by KLM;
e) fair wear and tear, any accident, or act of God.
16.13 KLM may in its absolute discretion accept non-defective Goods for return in which case KLM may require the Customer to pay handling fees of up to forty percent (40%) of the value of the returned Goods plus any freight costs.
16.14 Notwithstanding anything contained in this clause if KLM is required by a law to accept a return, then KLM will only accept a return on the conditions imposed by that law.

17. Default and Consequences of Default

17.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at KLM’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
17.2 If the Customer owes KLM any money the Customer shall indemnify KLM from and against all costs and disbursements incurred by KLM in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own Customer basis, KLM’s contract default fees, and bank dishonour fees).
17.3 Without prejudice to any other remedies KLM may have, if at any time the Customer is in breach of any obligation (including those relating to payment) under these terms and conditions KLM may suspend or terminate the supply of Goods/Equipment to the Customer. KLM will not be liable to the Customer for any loss or damage the Customer suffers because KLM has exercised its rights under this clause.
17.4 Without prejudice to KLM’s other remedies at law KLM shall be entitled to cancel all or any part of any order of the Customer which remains unfulfilled and all amounts owing to KLM shall, whether or not due for payment, become immediately payable if:
a) any money payable to KLM becomes overdue, or in KLM’s opinion the Customer will be unable to make a
payment when it falls due;
b) the Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an
arrangement with creditors, or makes an assignment for the benefit of its creditors; or
c) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the
Customer or any asset of the Customer.

18. Compliance with Laws

18.1 The Customer and KLM shall comply with the provisions of all statutes, regulations and bylaws of government, local and other public authorities that may be applicable to the Services.
18.2 The Customer agrees that the site will comply with any occupational health and safety laws relating to building/construction sites and any other relevant safety standards or legislation.

19. Confidentiality

19.1 Each party agrees to treat all information and ideas communicated to it by the other confidentially and agrees not to
divulge it to any third party, without the other party’s written consent. The parties will not copy any such information
supplied and will either return it or destroy it (together with any copies thereof) on request of the other party.

20. Cancellation

20.1 KLM may cancel any contract to which these terms and conditions apply or cancel delivery of Goods/Equipment at any time before the Goods/Equipment are due to be delivered by giving written notice to the Customer. On giving such notice KLM shall repay to the Customer any money paid by the Customer for the Goods/Equipment. KLM shall not be liable for any loss or damage whatsoever arising from such cancellation.
20.2 In the event that the Customer cancels delivery of the Goods/Equipment the Customer shall be liable for any and all loss incurred (whether direct or indirect) by KLM as a direct result of the cancellation (including, but not limited to, any loss of profits).
20.3 Cancellation of orders for Goods/Equipment made to the Customer’s specifications, or for non-stocklist items, will not be accepted once production has commenced, or an order has been placed.

21. Privacy Act 1988

21.1 The Customer agrees for KLM to obtain from a credit reporting agency a credit report containing personal credit information about the Customer in relation to credit provided by KLM.
21.2 KLM collect and use personal information to provide Goods/Services and manage customer relationships. Our Privacy Policy explains how personal information is collected, stored, used and disclosed.
21.3 Our website Privacy Policy states that personal information may be collected and used for purposes including:
a) Maintaining customer records;
b) Delivery;
c) Supply of goods and services;
d) Account keeping and invoicing;
e) Debt collection;
f) Locating and/or retrieving our equipment and gas cylinders
21.4 By using the website or submitting a delivery request, you consent to our handling of personal information in accordance with our Privacy Policy.
21.5 The Customer agrees that KLM may exchange information about the Customer with those credit providers either named as trade referees by the Customer or named in a consumer credit report issued by a credit reporting agency for the following purposes:
a) to assess an application by the Customer; and/or
b) to notify other credit providers of a default by the Customer; and/or
c) to exchange information with other credit providers as to the status of this credit account, where the Customer
is in default with other credit providers; and/or
d) to assess the creditworthiness of the Customer.
21.6 The Customer understands that the information exchanged can include anything about the Customer’s creditworthiness, credit standing, credit history or credit capacity that credit providers are allowed to exchange under the Privacy Act 1988
21.7 The Customer consents to KLM being given a consumer credit report to collect overdue payment on commercial credit (Section 18K(1)(h) Privacy Act 1988).
21.8 The Customer agrees that personal credit information provided may be used and retained by KLM for the following purposes (and for other purposes as shall be agreed between the Customer and KLM or required by law from time to time):
a) The provision of Goods/Equipment; and/or
b) The marketing of Goods/Equipment by KLM, its agents or distributors; and /or assess an application by the
Customer; and/or
c) analysing, verifying and/or checking the Customer’s credit, payment and/or status in relation to the provision of
Goods/Equipment; and/or
d) processing of any payment instructions, direct debit facilities and/or credit facilities requested by the Customer;
and/or
e) enabling the daily operation of Customer’s account and/or the collection of amounts outstanding in the
Customer’s account in relation to the Goods/Equipment.
21.9 KLM may give information about the Customer to a credit reporting agency for the following purposes:
a) to obtain a consumer credit report about the Customer.
b) allow the credit reporting agency to create or maintain a credit information file containing information about the
Customer.
21.10 The information given to the credit reporting agency may include:
a) personal particulars (the Customer’s name, sex, address, previous addresses, date of birth, name of employer and driver’s licence number);
b) details concerning the Customer’s application for credit or commercial credit and the amount requested.
c) advice that KLM is a current credit provider to the Customer.
d) advice of any overdue accounts, loan repayments, and/or any outstanding monies owing which are overdue by more than sixty (60) days, and for which debt collection action has been started.
e) that the Customer’s overdue accounts, loan repayments and/or any outstanding monies are no longer overdue in respect of any default that has been listed.
f) information that, in the opinion of KLM, the Customer has committed a serious credit infringement (that is, fraudulently or shown an intention not to comply with the Customer’s credit obligations);
g) that credit provided to the Customer by KLM has been paid or otherwise discharged.

22. Intellectual property

22.1 The website content, branding, logos, texts and images are owned by or licenced to KLM.
22.2 You may view and print pages for your personal or internal business use, but you must not reproduce or distribute website content without our prior written consent.

23. Disclaimers and liability

23.1 No indirect or consequential loss: to the extent permitted by law, we are not liable for any indirect or consequential loss (including loss of profit) arising from your use of website or our supply of Goods/Services.
23.2 Limitation of liability: To the extent permitted by law, and subject to any non-excludable rights under the ACL, our liability for loss or damage connected with Goods/Services is limited to one or more of the following (at our option):
a) Re-supplying the Goods/Services
b) Repairing or replacing the Goods; or
c) Refunding the amount paid for the relevant Goods/Services.

24. Building and Construction Industry Payments Act 2004

24.1 At KLM’s sole discretion, if there are any disputes or claims for unpaid Goods and/or Services then the provisions of the Building and Construction Industry Payments Act 2004 may apply.
24.2 Nothing in this agreement is intended to have the effect of contracting out of any applicable provisions of the Building and Construction Industry Payments Act 2004 of Queensland, except to the extent permitted by the Act where applicable.

25. General

25.1 The failure by KLM to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect KLM’s right to subsequently enforce that provision. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the
remaining provisions shall not be affected, prejudiced or impaired.
25.2 These terms and conditions and any contract to which they apply shall be governed by the laws of Queensland in which KLM has its principal place of business and are subject to the jurisdiction of the Caboolture Courts in that state.
25.3 We may update these Terms from time to time by publishing an updated version on our website. The updated Terms apply from the date they are published (or any later date specified) The Customer will be taken to have accepted such changes if the Customer makes a further request for KLM to provide Goods/Equipment to the Customer.
25.4 Neither party is liable for a failure to perform due to events beyond reasonable control (for example natural disasters, war, terrorism, industrial action, fire, flood or storm)
25.5 Subject to clause 16 KLM shall be under no liability whatsoever to the Customer for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the Customer arising out of a breach by KLM of these terms and conditions (alternatively KLM’s liability shall be limited to damages which under no circumstances shall exceed the Price of the Goods/Equipment hire).
25.6 The Customer shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Customer by KLM nor to withhold payment of any invoice because part of that invoice is in dispute.
25.7 KLM may license or sub-contract all or any part of its rights and obligations without the Customer’s consent.
25.8 The Customer warrants that it has the power to enter into this agreement and has obtained all necessary authorisations to allow it to do so, it is not insolvent and that this agreement creates binding and valid legal obligations on it.

26. Contact details

KLM GAS
Phone: 07 5493 0493
Email: info@klmgas.com.au
Mail: PO Box 294, Glass House Mountains QLD 4518
Office hours (as published) Monday to Friday 8am to 4pm