Online Terms and Conditions

This agreement is a contract between you and BlueScope Solutions Holdings Pty Ltd (ABN 30 070 874 538) (BlueScope Water Online), Level 11, 120 Collins Street, Melbourne Victoria 3000.

Please read these terms and conditions carefully before placing your order with BlueScope Water Online. By completing and submitting your order form online and using the BlueScope Water Online service, you acknowledge that you have read and agree with the terms and conditions outlined below.

BlueScope Water Online reserves the right at all times to make changes to the BlueScope Water Online terms and conditions at its sole discretion without prior notice.

Definitions

Agreement means an agreement between you and BlueScope Water Online to supply Goods.

Delivery Address means the address to which the Goods are to be delivered as stated on the Order.

Delivery Fee means the fee payable to BlueScope Water Online in respect of delivery of the Goods as advised by BlueScope Water Online from time to time.

Goods means the goods described in an Order.

Order means an order by you to purchase Goods from BlueScope Water Online.

Personal Information includes, but not limited to, your name, Delivery Address and payment details.

Order

(a) You warrant that all information and data provided by you in the Order is true and correct. You must promptly inform BlueScope Water Online if there is a change to this information or data.

(b) Orders are deemed to be received by BlueScope Water Online at the time of successful transmission of the order.

Price of Goods and Payment

(a) All Goods are quoted in Australian dollars and include GST. Prices shown do not include delivery or installation.

(b) BlueScope Water Online reserves the right to change or alter prices of Goods without notice to you at any time prior to you placing an Order. The price payable by you shall be the price applicable on the date the Goods are confirmed as ordered.

(c) In addition to the price of the Goods, you must pay the Delivery Fee.

(d) You must pay for the Goods, including the Delivery Fee, at the time you place your Order. Orders cannot be paid for at the time of delivery.

(e) Orders may be paid for by Visa or Mastercard.

(f) BlueScope Water Online will issue a Tax Invoice, setting out the amount of the GST payable. If the rate of GST is varied from 10%, the consideration for any delivery under this Agreement will be varied to reflect the change of rate. Any terms used in this clause which are defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) and related Acts as amended from time to time (“GST Act”) are take to have the meaning as defined in the GST Act.

Delivery

(a) The Goods ordered will be delivered to the Delivery Address nominated by you in the Order. Goods cannot be picked up.

(b) Delivery of Goods is limited to the areas in Victoria, New South Wales and Queensland listed here.

(c) A BlueScope Water representative will contact you within 7 (7) days of you placing your Order to provide an estimated date for delivery of the Goods (Delivery Date).

(d) The Delivery Date is an estimated date only but BlueScope Water Online will use reasonable endeavours to deliver the Goods on the Delivery Date. However, to the greatest extent permitted by law, BlueScope Water Online will not accept responsibility for late delivery or loss or damage suffered as a result of a delay in delivery.

(e) A person must be at the Delivery Address to accept the Goods on delivery. Anyone at the Delivery Address who receives the Goods shall be presumed by BlueScope Water Online to be authorised to receive the Goods on your behalf. If there is no one at the Delivery Address, the Goods will be returned and you will need to contact BlueScope Water to arrange delivery. Additional Delivery Fees may apply to redeliver the Goods.

(f) BlueScope Water Online will not accept responsibility for late delivery or non-delivery due to incomplete or incorrect details provided.

Cancellation

(a) Orders may be cancelled prior to delivery by contacting BlueScope Water Online on 1800 654 774.

(b) BlueScope Water Online reserves the right to charge you a cancellation fee of 10% of the value of the Goods ordered once your Order is processed to cover administrative costs.

(c) Refunds for cancellations will be made to your nominated credit card.

Risk and Title

Risk and title in the Goods passes upon delivery of the Goods to the Delivery Address.

Australian Consumer Law

(a) Under the Australian Consumer Law (ACL), consumers have certain rights which cannot be excluded, including guarantees as to the acceptable quality and fitness for purpose of goods and services.

(b) Nothing in these terms and conditions shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the ACL) and which by law cannot be excluded, restricted or modified.

Liability

(a) BlueScope Water Online will use reasonable care and skill in providing the BlueScope Water Online website for you.

(b) To the greatest extent permitted by law, you release and discharge BlueScope Water Online and its related bodies corporate from all forms of loss or damage (including but not limited to loss of profit, loss of data, third party claims, liquidated damages) arising out of or in connection with BlueScope Water Online or this Agreement.

(c) To the extent permitted by law, if BlueScope Water Online fails to comply with a consumer guarantee which by law may not be excluded, then to the extent the law permits BlueScope Water Online to limit its liability in respect of such failure, BlueScope Water Online’s liability is limited to:

(i) in the case of goods:

(A) replacement or the cost of replacing the goods or supply of equivalent goods; or

(B) repair or the cost of repairing the goods; and

(ii) in the case of services, supplying the services again or payment of the cost of having the services supplied again.

Privacy and Security

(a) Personal Information collected will be used solely for the purpose of processing and delivering the Order. Personal Information may be shared with a third party delivery agent for the purposes of delivering your Order. For details on BlueScope Water’s Privacy Policy terms, click here.

(b) BlueScope Water Online uses ANZ eGate to process all credit card payments. When you select the credit card payment option you will be re-directed to a secure (https) website where your payment is payment securely by ANZ using 128-bit SSL encryption. Your financial and credit card details are not shared with BlueScope Water Online.

Website Terms

BlueScope Water’s website terms apply. For further details regarding BlueScope Water’s website terms, please click here.

Applicable Laws

The laws of Victoria, Australia govern this agreement.

General Terms of Sale

BlueScope Water’s General Terms of Sale (except clauses 3.3, 3.4 (Prices) and 6 (Application of the PPSA)) apply to the supply of Goods by BlueScope Water Online. For a copy of these terms, click here.