1. General
All products and services supplied by Diesel Link are governed by these Terms and Conditions, which form the entire agreement between Diesel Link and the Customer unless explicitly modified in writing by an authorised Diesel Link officer. These Terms apply to all orders, regardless of any contrary provisions proposed by the Customer in their documentation. Diesel Link may amend these Terms at any time. Updated versions will be posted on diesellink.com.au, and such changes take effect immediately for all future transactions. By continuing to order from Diesel Link, the Customer confirms acceptance of these updated terms.
2. GST
Unless specified otherwise, all Diesel Link prices are exclusive of GST. When a taxable supply occurs, Diesel Link will apply GST and include it in your invoice. Customers are responsible for paying this GST in accordance with Australian taxation law.
3. Prices, Fees and Tax
The Customer agrees to pay the price current at the date of delivery. Diesel Link may apply additional charges for low-volume orders, deliveries outside normal hours, or under special conditions (e.g., public holidays). The Customer must also pay any applicable duties, levies, taxes (including GST), and government-imposed fees. Payment is due irrespective of subsequent changes in price unless a written agreement provides otherwise.
4. Terms of Payment
Payments must be made in full as per the payment terms specified on the Diesel Link invoice. Unless agreed otherwise in writing, all payments are due immediately upon delivery. Customers may not withhold payments due to disputes or set-offs. Diesel Link may apply any received payments against outstanding amounts as it sees fit. Late payments incur interest at 2% above Westpac’s overdraft rate, calculated daily. Diesel Link also reserves the right to suspend or cancel supply, demand cash payment for future orders, and recover legal or debt collection costs from the Customer.
5. Credit Limits
Diesel Link may offer credit at its discretion and may revise or withdraw any credit arrangement or limit without notice. The Customer has no entitlement to a fixed credit facility and must comply with any changes notified by Diesel Link.
6. Delivery
Delivery timelines are estimates only and are not contractually binding. While Diesel Link will make reasonable efforts to deliver on time, delays may occur due to various factors (e.g., supply chain issues, weather, strikes). Such delays do not entitle the Customer to cancel orders or claim damages. Once the Products are delivered to the specified location or agent, the Customer bears all risk. Diesel Link is not responsible for any loss, damage, or delay after that point.
7. Authority to Refuel
The Customer grants Diesel Link authority to access their premises and refuel equipment, regardless of whether Customer staff are present. Diesel Link’s fuel meters, digital logs, or customer-authorised signatories’ records are considered conclusive proof of delivery and quantity.
8. Access and Safety
The Customer must ensure Diesel Link has safe and unhindered access to the delivery location. The Customer is responsible for the condition, compliance, and legal safety of tanks, hoses, and storage facilities used for Product delivery and consumption. Diesel Link reserves the right to refuse delivery where access or safety is compromised.
9. Force Majeure
Diesel Link is not liable for any failure to perform due to events beyond its control. This includes (but is not limited to) natural disasters, war, labor disputes, acts of government, or supply shortages. In such cases, Diesel Link may cancel or delay delivery without liability.
10. Exclusion of Guarantees, Conditions and Warranties
All warranties, terms, or guarantees not expressly set out in these Terms are excluded, unless required by law. This includes implied warranties for fitness, quality, or suitability for purpose under contract or statute.
11. Limitation of Remedy
If Diesel Link is liable under Australian Consumer Law or another statute, its obligations are limited to (at its discretion):
- Replacing the defective product,
- Supplying an equivalent product,
- Or reimbursing the cost of doing so.
This limitation does not apply to personal injury or other liabilities that cannot be legally excluded.
12. Exclusion of Liability
To the fullest extent permitted by law, Diesel Link is not liable for any damage, loss, or expense suffered by the Customer due to acts or omissions relating to the supply of Products, whether based in contract, tort (including negligence), statute, or equity.
13. Exclusion of Consequential Loss
Diesel Link is not liable for indirect or consequential loss, including lost revenue, lost profits, business interruption, loss of opportunity, or reputational damage, even if foreseeable or previously discussed.
14. Passing of Risk and Indemnity
Risk transfers to the Customer upon delivery. From that moment, Diesel Link is not liable for damage, loss, or deterioration of the Products. The Customer also indemnifies Diesel Link from any third-party claims resulting from misuse, resale, or storage of the delivered Products.
15. Order Cancellation or Suspension
Diesel Link may cancel or pause orders, wholly or partially, at any time prior to delivery without penalty. If supply becomes constrained (e.g., during a fuel shortage), Diesel Link may ration available product among customers at its discretion.
16. Invoice Disputes
If a Customer disputes an invoice, they must notify Diesel Link in writing within 14 days of the invoice date. Otherwise, the invoice is considered accepted and payable in full.
17. Severability
If any provision of these Terms is found invalid or unenforceable by a court, the remaining provisions remain in effect.
18. Notices
All legal notices must be in writing and sent by post, email, or fax to the addresses listed in Diesel Link’s records or otherwise notified in writing.
19. Governing Law
These Terms are governed by the laws of New South Wales. Diesel Link may initiate legal proceedings in any state or territory of Australia, and the Customer agrees to submit to the jurisdiction of such courts.
20. Debt Certificate
A certificate signed by an authorised Diesel Link officer showing the amount owed by the Customer will be considered conclusive evidence of the debt unless the Customer proves otherwise.
21. Security Interest
To secure current and future debts, the Customer grants Diesel Link a security interest over all current and future assets, including real estate and personal property. Diesel Link may register this interest on the PPSR and lodge caveats as necessary. The Customer authorises Diesel Link to act as its attorney in registering or enforcing this interest.
22. Indemnity
The Customer agrees to indemnify Diesel Link for all losses, costs (including full legal costs), damages, and claims resulting from any breach of these Terms, including failure to pay or default.
23. Definitions and Interpretation
Legal definitions are broadly applied. Key interpretations include:
- Singular includes plural,
- “Person” includes companies and trusts,
- References to legislation include amendments,
- Terms apply to all involved parties jointly and severally,
- GST has the meaning under the A New Tax System (Goods and Services Tax) Act 1999 (Cth),
- “Property” covers all current and future assets, real and personal.
