All material contained within this website is posted in good faith and has been compiled or derived from sources believed to be reliable and accurate. However OilCorp makes no representation or warranty as to the accuracy or completeness of the material within this website.
Please note that the Internet is not a secure medium and communications via this website may be intercepted or altered in transit. OilCorp does not warrant that its website is free from any computer viruses or other fault/s which may damage any computer accessing its website or data on such computer.
Limitation of liability
Copyright and trade marks
OilCorp, unless otherwise indicated, reserves all copyright to the content and design of this website. You are permitted to make a temporary copy of part or all of this website on your local computer for the sole purpose of viewing it, and print a single hard copy of a whole page of this website for personal use, provided that any copyright notice on such page is not removed. All other use is strictly prohibited. OilCorp also owns the trademarks as displayed on its website and reserves all rights in relation to them.
Links to or from other sites
This website may contain links to third party websites. OilCorp does not control, endorse, sponsor or approve any such websites or any content on them and as such does not warrant or take any responsibility for any aspect of those websites or their content. No third party is entitled to create or maintain any link from another website to this website without first obtaining OilCorp’ prior written consent.
You need not disclose your identity to us in order to use this website however this website does use “cookies” and collects personal information about people who access the website.
Our Internet server may also automatically record details about any computer used to access the website (such as the IP address, domain name and browser type), the date and time of access, and details of the information downloaded. This information is used for internal statistical purposes and to improve this website.
Terms and Conditions for purchasing goods or services from OilCorp
By submitting a credit application and/or ordering goods and services (“goods”) from OilCorp, you (“Customer”) agree that the following terms and conditions of sale shall apply to the supply. These terms and conditions replace any previous terms and conditions of sale. These terms and conditions create a security interest in favour of OilCorp for the purposes of the Personal Property Securities Act 2009.
‘OILCORP’ means OilCorp Fuels Pty Ltd ABN 64 605 166 443 and it assigns or successors and each corporation (within the meaning of that term in sections 9 and 57A of the Corporations Act) which is now or may later be taken to be related to OilCorp (within the meaning of section 50 of the Corporations Act from whom Customer purchases goods and/or services (“the goods”)).
- Unless otherwise specifically agreed in writing by OilCorp, where any terms and conditions of the Customer’s order are inconsistent with these terms and conditions, then these terms and conditions will prevail. Any variations or additions to these terms and conditions not expressly agreed to in writing by OilCorp are expressly rejected by OilCorp.
- A quotation shall not constitute an offer to sell goods to the Customer. No contract for the supply of goods shall exist between OilCorp and the Customer until a Customer’s order for goods has been accepted by OilCorp (such acceptance of Customer’s orders may be made and communicated by OilCorp in writing or by overt act of acceptance). OilCorp may accept or refuse any order for goods in its absolute discretion and may make its acceptance of an order conditional upon it receiving a satisfactory credit assessment of the Customer.
- OilCorp may vary these terms and conditions by notice in writing to the Customer (which notice may be given via OilCorp’s website). The Customer agrees that goods delivered and/or ordered after the date of the notice of the variation will be subject to the variation and acceptance of the goods or the placing of the order shall be deemed to be an acceptance of such varied terms and conditions.
- Should there be any variation to any of the information supplied by the Customer to OilCorp or in the structure or nature of the Customer’s business (such as a conversion to or from a Company or Trust) the Customer shall forthwith notify OilCorp in writing within 28 days of the variation occurring.
- These terms and conditions and all obligations hereunder shall be binding on the Customer’s personal representatives, successors and permitted assigns and shall be for the benefit of OilCorp’s successors and assigns.
- Customer acknowledges that credit will not be provided to it by OilCorp until the Application has been reviewed and accepted by OilCorp and OilCorp has notified Customer that a credit account has been established; and OilCorp may accept the Application subject to the fulfilment of certain conditions such as the requirement that securities or guarantees be granted to OilCorp in such form as OilCorp may require and confirmation that Customer will meet OilCorp minimum order requirements for the opening of a credit account.
- Customer represents and warrants to OilCorp that:
- it has taken all necessary action to authorise the execution of the Application and the performance of its obligations under the Application and the credit account will constitute legal, valid and binding obligations of Customer;
- all information provided to OilCorp in the Application is true and correct; and
- it is not insolvent and is able to pay its debts as and when they fall due.
- Customer acknowledges that OilCorp will be relying on the warranties in reviewing, accepting or rejecting the Application and continuing to provide credit to Customer.
- The warranties will be treated as being repeated each time credit is extended to Customer by OilCorp.
- Customer represents and warrants to OilCorp that:
- Customer undertakes to notify OilCorp within 7 days of any change becoming effective which affects the information set out in the Application (including, trading address, legal entity or structure of management or control of Customer) and acknowledges that NOTWITHSTANDING SUCH NOTIFICATION it will continue to be responsible to OilCorp until OilCorp both accepts a further Application and discharges Customer from further liability under this Application.
- Customer acknowledges that the Terms and Conditions of Application for Commercial Credit attached to the Application (as amended from time to time) will apply to each order to purchase goods from OilCorp.
- OilCorp may WITHOUT NOTICE immediately suspend or cancel the credit account.
- OilCorp reserves the right to alter these terms and conditions. Customer agrees that it will be bound by the altered terms and conditions seven (7) days after OilCorp gives notice of such alterations which may be by a letter or facsimile attaching a copy of the altered terms and conditions, by issue of an invoice to Customer on which the altered terms and conditions are printed or such other manner as OilCorp in its absolute discretion thinks fit.
- Customer must pay to OilCorp and indemnify OilCorp against all costs and expenses (including legal costs on an indemnity basis) incurred by OilCorp in connection with default by Customer (or any other guarantor or indemnifier) under these terms and conditions, the Terms and Conditions of Sale or the enforcement of any security.
TERMS OF PAYMENT
- OilCorp reserves the right to vary the terms of payment including to require:
- payment in cash in full prior to delivery should the creditworthiness of Customer at any time become in OilCorp’s opinion unsatisfactory; or
- immediate payment of all outstanding invoices and statements if there is a change in the control of Customer.
INTEREST ON OVERDUE ACCOUNTS AND STOP SUPPLY
- If any payment is not made in full on the due date the Customer will be in default and, without limiting any other rights of OilCorp (including to demand immediate payment), OilCorp may:
- charge customer interest on the amount outstanding as compensation for the loss of its funds calculated from the due date of payment until payment is made in full. The rate of interest applicable is 12.5% per annum; and
- stop supply of the goods to Customer until all outstanding amounts have been paid in full.
TERM OF AGREEMENT AND PRICING
- The Customer and OilCorp agree that:
- this Agreement for the supply of fuel and other products will remain in full force and effect while OilCorp is supplying the Customer.
- OilCorp may review pricing at any time and at its absolute discretion.
PERSONAL PROPERTY SECURITY ACT
- The Customer agrees that these terms and conditions create a PMSI and a general security interest in the goods (and their proceeds) supplied presently and in the future by OilCorp to the Customer.
- The Customer agrees to do all things necessary and execute all documents reasonably required to register the general security interest and that PMSI granted by the Customer under these terms and conditions and to ensure that OilCorp acquires a perfected security interest in the goods under the PPSA.
- The Customer will, upon demand, pay all of OilCorp’s expenses and legal costs (on a solicitor/agent/client basis) in relation to or in connection with the registration of OilCorp’s security interest and all other costs associated with protection and enforcement of OilCorp’s security interest created by these terms and conditions or by undertaking an audit under the provisions of the PPSA, or the repossession of the goods the subject of these terms and conditions or the exercise, enforcement or preservation of any right or interest under these terms and conditions or any contract that OilCorp has with the Customer.
- This PMSI does not lose its priority as a result of the renewal, refinance, consolidation or restructure of the subject matter of these terms and conditions and any purchase money obligations.
- Until ownership of the goods passes to the Customer, the Customer waives its rights under the following provisions of the PPSA, to the extent that it is permitted by law to :
- receive a notice of intention of removal of an accession (s95);
- receive a notice that OilCorp has determined to enforce its security interest in accordance with land law (s118);
- receive a notice of enforcement action against liquid assets;
- receive a notice of disposal of goods by OilCorp purchasing the goods (s129);
- receive a notice to dispose of the goods (s130);
- receive a statement of account following disposal of the goods (s132(2));
- receive a statement of account if no disposal of the goods, six monthly (s152(4));
- receive notice of any proposal by OilCorp to retain the goods (s135(2));
- object to any proposal by OilCorp to either retain and dispose of the goods (s137(3));
- redeem the goods (s142);
- reinstate the security agreement (a143); and
- receive a notice of any verification statement (s157(1) and 157(3)).
- To the extent permitted by the PPSA, these terms and conditions exclude any provisions of the PPSA which may be excluded in OilCorp’s discretion and which would otherwise confer rights on the Customer.
- The Customer further agrees that where OilCorp has rights in addition to those under Part 4 of the PPSA, those rights shall continue to apply.
- The Customer’s right to possession of goods still owned by OilCorp under these terms and conditions shall cease if:
- the Customer being an individual, commits an act of bankruptcy,
- the Customer being a company, circumstances arise where a receiver, manager, administrator or controller becomes entitled to take possession of any of its assets, any proceedings are instituted for winding up, or the Customer entering into a Deed of Company Arrangement,
- the Customer ceasing or threatening to cease conducting business in the normal manner or applying for deregistration or receives a deregistration notice,
- any cheque the Customer provides to OilCorp or any Group Company is dishonoured for payment,
- the Customer failing to comply with any demand for payment issued by OilCorp or any Group Company, or
- the Customer breaching any of the terms and conditions contained herein and/or are in default of any other agreement between OilCorp or any other Group Company and the Customer.
- The Customer expressly and irrevocably agrees that OilCorp is entitled to enter any premises where the goods supplied by OilCorp are located to repossess, remove and sell such goods. The Customer (its successors and assigns, including any external manager or administrator) shall not object to OilCorp, or its agents, entering any premises for the purpose of this clause and agrees to indemnify and keep OilCorp indemnified in respect of any claims, actions and costs that may arise against OilCorp in relation to the removal, repossession and sale of the goods pursuant to these terms and conditions including any claims brought by third parties.
- The Customer agrees that repossession and retention of the goods pursuant to the PPSA will only satisfy so much of the monies which may become payable to OilCorp by the Customer, as is equivalent to OilCorp’s estimation of the market value of the goods as it is at the date of repossession and the repossession and retention will immediately extinguish any rights for interest OilCorp has on the value of the goods recovered.
- Until ownership of the goods passes, the Customer must not give OilCorp a written demand or allow any other person to give OilCorp a written demand requiring OilCorp to register a financing change statement under the PPSA or enter into or allow any other person to enter into the personal property securities register a financing change statement under the PPSA.
- The Customer agrees not to change the Customer name or undertake any changes to any documents that OilCorp has registered, requires to be registered or are capable of being registered without our prior written consent of OilCorp.
For avoidance of doubt, these terms regarding the PPSA apply even where the customer is a Consumer.
- Goods will be delivered or deemed to be delivered, when they are delivered to the delivery place nominated by the Customer. If no such address is nominated, then delivery will be deemed to occur at the time when the goods are ready for collection at OilCorp’s premises or when pumped from OilCorp’s bulk storage tank to a Customer.
- The Customer shall pay to OilCorp packing, crating and delivery charges in accordance with OilCorp’s current rates as at the date of dispatch. If there is no current rate, then a reasonable delivery charge shall be paid by the Customer.
- OilCorp reserves the right to make a reasonable charge for storage if delivery instructions are not provided by the Customer within 14 days of a request by OilCorp for such information.
- The Customer authorises OilCorp to deliver products to the place nominated by the Customer and to leave the products at such place whether or not any person is present to accept delivery. OilCorp shall not be liable on any basis whatsoever for loss suffered by the Customer after delivery to the nominated delivery place.
- OilCorp shall not be obliged to obtain a signed receipt or other acknowledgment from any person at the nominated place for delivery but if a signed receipt or other acknowledgment is obtained from someone believed by OilCorp to be authorised by the Customer to sign or otherwise take delivery, then such signed receipt or other acknowledgement shall be conclusive evidence of the Customer’s acceptance of the goods delivered.
- Property in the goods will not pass from OilCorp to Customer until Customer has paid for the goods in full. Customer will take custody of the goods as trustee, fiduciary agent and bailee for OilCorp until such time Customer has paid OilCorp:
- the price for the goods invoiced; and
- any other moneys due and payable to OilCorp by Customer in relation to the goods.
- Until payment in full Debts Customer must:
- not mortgage, charge, pledge or otherwise encumber the goods; and
- keep OilCorp’s goods separate from any other goods and properly marked, stored, protected and insured.
- Customer shall have the right to resell goods, but only as fiduciary agent, trustee and bailee for OilCorp by way of bona fide sale at full market value and in the ordinary course of business.
- In the event of the sale of the goods to Customer’s customers, Customer as fiduciary agent and trustee for OilCorp must:
- hold all proceeds of sale on trust (‘Proceeds’) for OilCorp and account fully to OilCorp for the Proceeds (unless and until all Debts have been discharged) but need not hold on trust any money exceeding the amount of the debts at the time the money is received. Receipt by customer of payment in these circumstances shall be treated as conclusive evidence that it has received Proceeds.
- Customer expressly acknowledges that it is bound by the fiduciary obligation created in the preceding paragraph and acknowledges that:
- it must place the whole of the Proceeds in an account separate from its own moneys (‘the Proceeds Account’);
- it must maintain the Proceeds Amount separate from its own moneys at all times;
- it must maintain proper records for the Proceeds Amount;
- it must not assign or encumber the Proceeds or do any other act in derogation of OilCorp’s legal or beneficial interests; and
- it must account to OilCorp on demand for all moneys standing to the credit of such account.
- OilCorp may appropriate payments as it thinks fit, notwithstanding any contrary appropriation by Customer for the purposes of identification of different consignments of goods purchased from OilCorp and receipt of Proceeds, Customer agrees that the principle of “Last In, First Out” shall be applied to any items which cannot be distinguished.
- OilCorp may trace the Proceeds in equity on demand assign to OilCorp all book debts not exceeding the amount of the Debts at the date of demand.
RIGHT OF RE-ENTRY AND RESALE
- OilCorp may at any time and without the need to give notice to Customer take possession of and resell the goods which remain the property of OilCorp and for that purpose, Customer:
- authorises OilCorp to enter any premises where OilCorp’s goods may be situated and to use such reasonable means as may be required to enter such premises;
- undertakes to OilCorp to procure the consent of all persons having an interest in the premises where OilCorp’s goods may be situated to entry to the premises by OilCorp; and
- indemnifies and will keep indemnified OilCorp from all claims, actions or suits whatsoever arising out of or in connection with or in relation to the entry by OilCorp to any premises where OilCorp’s goods may be situated.
RETURN OF GOODS AND CLAIMS UPON OILCORP
- If the Customer is not a Consumer,
- Unless agreed in writing by OilCorp, OilCorp will not accept the return of goods. Goods accepted for return by OilCorp may attract a charge to recover restocking charges. The amount of this charge will be determined by OilCorp.
- The proof of purchase from the Customer must accompany all goods returned to OilCorp.
- All claims for OilCorp’s failure to comply with the Customer’s order whether due to shortfall, contamination, incorrect delivery or otherwise must be made by giving written notice to OilCorp within fourteen (14) days from the date of delivery. If the Customer fails to provide such notice then the Customer shall be deemed to have accepted the goods.
- These conditions shall not exclude, or limit the application of any provision of any statute including any implied condition or warranty the exclusion of which would contravene any statute or cause any part of this clause to be void. To the extent permitted by law all conditions, warranties and undertakings are expressly excluded.
WARRANTIES AND LIMITATION OF LIABILITY
- In respect of warranties and limitation of liability the parties,
- It is acknowledged by the Customer that the Customer is entering into this Agreement relying on the Customer’s own investigations and the Customer’s own assessment of the suitability of the goods for the use to which they will be put and, subject to clause 36(b), OilCorp makes no guarantees, warranties or representations in relation to the goods other than those contained in these terms and conditions.
- Where the law applies guarantees, warranties or conditions to the supply of goods or services under these terms and conditions and OilCorp is not permitted by law to exclude them, then those guarantees, warranties or conditions shall apply (but are otherwise excluded), provided that OilCorp’s liability for breach of them is limited (at OilCorp’s option) to:
- in the case of goods:
- the replacement of the goods or the supply of equivalent goods; or
- the payment of the cost of replacing the goods or of acquiring equivalent goods,
- in the case of services:
- the supplying of the services again; or
- the payment of the cost of having the services supplied again,
- in the case of goods:
where this is permitted by law.
- Notwithstanding anything to the contrary in these terms and conditions or any other document, to the extent permitted by law neither OilCorp nor any of its Affiliates shall have any liability under or in connection with these terms and conditions, whether for breach of these terms and conditions, negligence or any other tort, breach of statutory duty or otherwise, for any:
- loss of profits, income, revenue, contracts or production;
- business interruption or increased costs in operations;
- damage to goodwill or reputation;
- damage to plant, equipment or machinery as a result of any late delivery of goods;
- indirect losses or expenses or consequential damage whatsoever, even if such loss, expense or damage may reasonably be supposed to have been in the contemplation of both parties as a probable result of the relevant default,
whether suffered by the Customer or any third party, and the Customer indemnifies OilCorp (including their employees and agents) in respect of all such losses, costs, damage and expenses.
- Contracts will be governed by and construed in accordance with the laws of Queensland and the parties submit to the non-exclusive jurisdiction of the courts of or exercising jurisdiction in that State.