ELGAS Plain English Conditions

1. By accepting supply of LPG, you agree to be bound by these conditions. These conditions apply (Agreement) except to the extent that you have negotiated any changes in writing to these terms and/or you and we have signed a written supply agreement.

 

2.  Expressions used in these conditions

a) “Equipment” means our equipment and other such property and items that we lend to you under this Agreement, including cylinders, bulk tanks and storage vessels that store and supply LPG.

b) “you”, “your(s)” means the customer who has accepted supply of LPG from us;

c) “Elgas“, “We”, “us”, “our(s)” means Elgas Limited ACN 002 749 260, its employees, its agents or its contractors;

d) “LPG” means the liquefied petroleum gas we deliver to or in our Equipment or your equipment at your premises;

e) “Service Charge” means the amount you pay us yearly (or otherwise as agreed, for example, quarterly or monthly) in advance for borrowing our Equipment and for the maintenance of our Equipment.

f) Words referring to singular words include the plural and vice versa.

3. LPG supply

We will use our reasonable endeavours to make available for supply such LPG as you reasonably require. You will not hold us liable for any loss or damage if we are not able to supply LPG to you for a reason beyond our control. If there is likely to be a supply shortage of LPG, then we will endeavour to ration available supplies of LPG with the aim of minimising supply disruption. To the extent that the Equipment includes our cylinders then, in accordance with clause 11.12.1(f) of AS/NZS 1596:2014 “The Storage and Handling of LP Gas”, our cylinders must only be filled by us unless otherwise authorised in writing by us. If we are unable to supply LPG ordered by you, then you may source such shortfall in LPG from an alternate LPG supplier at Your cost provided that such supply does not use our Equipment without our prior written authorisation.

 

4. Our equipment and safety

We will lend you our Equipment and maintain our Equipment in reasonable working order in accordance with our usual maintenance program and applicable safety standards.

 

5. You agree to:

a) care for the LPG and our Equipment safely, lawfully and in accordance with our reasonable safety directions to you;

b) provide a safe and lawful site for the delivery and storage of LPG;

c) immediately inform us by telephone of any suspected gas leak from our Equipment;

d) allow only us to refill our Equipment and only with LPG;

e) give us at least 2 business days’ notice before you vacate your premises;

f) preserve our ownership of our Equipment and not deliver our Equipment to anyone other than us. You will not relocate our Equipment anywhere else on, or away from, your premises;

g) allow us reasonable access to our Equipment on your premises to allow us to connect, refill, exchange, maintain, disconnect and repossess our Equipment; and

h) accept ownership of, and risk in, the LPG upon delivery of the LPG to your premises.

We may not deliver LPG to you if you breach any of the above Equipment or safety provisions. We will only deliver LPG to your premises if there is adequate and safe access to your premises and to our Equipment or your equipment (as the case may be).

6. Paying for LPG and our service

a) You agree to pay us, at the rates we inform you of from time to time:

(i) the price for the LPG;

(ii) the Service Charge;

(iii) a security deposit (if we notify you that we require it);

(iv) Equipment and LPG connection, reconnection and disconnection fees (except where the disconnection results from your termination pursuant to clause 7(b)(ii) due to our material breach or termination by us pursuant to clause 7(a)); and

(v) short notice or emergency delivery fee, abortive delivery fee, and late payment fee.

b) We may change your rates for LPG from time to time. Your rates for LPG shall be the price as posted in the Elgas MyAccount Portal and current at the time of delivery (see also clause 6(c) below). You agree that you will regularly log in to the Elgas MyAccount Portal and monitor any changes in your rates for LPG. Your rates for LPG will also be shown on each Elgas invoice issued to You. We set those rates with regard to commercial matters, including variations in the world LPG pricing, exchange rate fluctuations, haulage and transport costs, change in law, change in tax, road fuel excise, local costs of supply and other commercial considerations and their application may vary in timing and magnitude. Our local office will advise you of those rates on request.

c) We will charge you the first Service Charge in advance for the next twelve months (or otherwise as agreed; for example, quarterly or monthly). We may change your Service Charge from time to time. The Service Charge shall be the amount as posted in the Elgas MyAccount Portal and current as at the date immediately before the Service Charge is next due for payment. You agree that You will regularly log in to the Elgas MyAccount Portal and monitor any changes in the Service Charge. The Service Charge will also be shown on the Service Charge invoice issued to You. The Service Charge may be varied from time to time based on a number of factors including exchange rate fluctuations, cost of Equipment manufacturing inputs, maintenance costs, change in law, change in tax, and other commercial considerations and their application may vary in timing and magnitude.

d) In the event that you terminate this agreement pursuant to clause 7(b)(ii) due to our material breach, we will pay you a refund in respect of:

(i) any unexpired portion of the period to which any prepaid Service Charge relates; and

(ii) any unused LPG in our Equipment when it is returned to us.

(e) The “Elgas MyAccount Portal” wherever used in these terms means the online Elgas customer portal located on elgas.com.au. You can self-register for online access to the Elgas MyAccount Portal at any time following the prompts to complete the registration.

(f) The cost of our connection, reconnection and disconnection fees, any short notice or emergency delivery fees, abortive delivery fees, and late payment fees vary from branch to branch. Our local office will advise you of those rates on request

(g) It is important that you pay us the money you owe us by the due date. You agree to pay us by the due date listed on your invoice using any of the payment methods listed on your invoice. If you have not paid any undisputed money due to us within 10 days after the due date shown on the invoice then, to the extent permitted by all applicable laws, regulations or codes, We may suspend deliveries of LPG to you until your payments are brought up to date, or we may require you to pay for LPG upfront upon delivery. If you are experiencing financial hardship and unable to meet your payment obligations, please let us know before the payment due date.

7.  Ending your Elgas Agreement

(a) You may at any time terminate this Agreement by giving us at least two (2) business days’ notice of termination. We may at any time terminate this Agreement by giving you at least twenty (20) business days’ notice of termination.

(b) If:

(i) you have not paid us any undisputed money by the due date on the invoice and you fail to pay such money within seven (7) days of our request for payment then, to the extent permitted by all applicable laws, regulations or codes, we may immediately terminate this Agreement; or

(ii) either party commits any act of bankruptcy or has a receiver, liquidator or administrator (or similar) appointed, or commits any material breach of any provision of this Agreement and fails to remedy that breach within 14 days of being given notice to do so by the other party, then the other party may by written notice with immediate effect suspend or terminate this Agreement.

(c) On and after termination of this Agreement, you will allow us to immediately disconnect and repossess our Equipment or, if we so request, you will return our Equipment to us at our local office. You will pay Elgas’ reasonable charges for the costs of removing and returning the Equipment to Elgas’ storage point nearest your premises, unless You terminate this Agreement pursuant to clause 7(b) due to our material breach or we terminate pursuant to clause 7(a).

8.  Privacy

(a) We collect, use, hold and disclose your personal in accordance with our obligations under law and to provide you with our products and services and to best manage our relationship with you.

(b) For more detail about how we manage your personal information, read our privacy available at https://www.elgas.com.au/privacy/.

9.  Limitation of our liability

a) Nothing in any agreement between the parties excludes, restricts or modifies any terms, conditions or warranties or Elgas’ liability for them which are imposed or implied by any statute, including but not limited to the Australian Consumer Law, and which by statute cannot be excluded, restricted or modified. Limitations and exclusions are made only to the extent that Elgas may legally do so.

b) Notwithstanding any other provision of this Agreement (including any indemnity) or any transaction document (including any purchase order, statement of work or similar document), whether liability arises in contract, negligence or other tort, breach of any statutory or equitable duty, or otherwise, and except where such liability cannot by law be limited or excluded:

(i) neither party will be liable in any circumstances for pure economic loss, any loss of or damage to revenue, profits, savings, contract, use, production, goodwill, business or business opportunity or consequential or indirect loss or damage. This clause shall not excuse you from complying with any obligation to pay for the Elgas LPG or any other goods and services supplied under this Agreement;

(ii) a party (first party) is not liable to the other party to the extent that such liability results from the acts or omissions of:

A. the other party and/or the other party’s employees, agents or contractors; and/or

B. any other third party;

and the first party’s liability is reduced proportionally to the extent those other parties’ acts or omissions are caused or contributed to the relevant loss or damage.

(iii) where the Elgas LPG and/or Equipment supplied under this Agreement is not of a kind ordinarily acquired for personal, domestic or household use or consumption, then in the case of non-conformance of the Elgas LPG and/or Equipment to any specifications, late or non-delivery, or breach of a warranty or guarantee which is implied or imposed by legislation, your remedy is limited to:

A. in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods or the payment of the cost of having the goods repaired; and

B. in the case of services, supplying the services again or paying the cost of having the services supplied again.

(iv) Subject to clause 9(b)(iii):

A. Elgas’ liability per event or series of connected events arising from one originating cause is limited to the lesser of $500,000 and the revenue derived by Elgas under this Agreement in the 12 months before the liability arose; and

B. Elgas’ total cumulative aggregate liability shall not exceed the lesser of $1,000,000 and the total revenue derived by Elgas in connection with this Agreement.

(v) The liability caps set out in clause 9(b)(iv) apply across all purchase orders (or similar documents) collectively and to any liability to all indemnified parties and/or related bodies corporate collectively.