Terms & Conditions
Unless expressly agreed by Wagners to the Contrary, these terms and conditions incorporate the Standard Conditions of Sale contained within WGC156 – Wagners Cement Credit Application (a copy of which is available on request), and those terms and conditions apply to the Customer’s hire of ISO Containers, compressors and trailers.
1.0 ISO CONTAINERS
1.1. Only Wagners’ products which are shipped in the ISO Containers are to be stored in the hired ISO Containers.
1.2. ISO Containers are not to be refilled by the Customer with any substance whatsoever.
1.3. Delivery sites are to be nominated by the Customer allowing for the ISO Containers to be stored in a secure, safe and suitable set-down area. A Wagners’ representative can deem a set-down area unsuitable and the Customer must provide a suitable alternative set-down area. If a suitable set-down area cannot be provided, the driver will return to depot with the Customer being liable for cartage costs. If relocation is required, Wagners reserve the right to re-price cartage and product pricing as applicable
1.4. Once the ISO Container is placed on site in the set-down area, it can only be moved again by Wagners or with the written approval of Wagners, by the Customer or a third party. Trailer mounted ISO Containers may be moved by the Customer or an authorised agent by agreement with Wagners and only on and around the Customer’s site.
1.5. ISO Containers are delivered in a clean and serviceable condition and are to be in a similar condition when collected by Wagners. The Customer will be liable for any cleaning, repair or replacement costs at invoice cost plus 10%.
1.6. Alterations or modifications to the ISO Containers’ tank, frame or fittings is strictly prohibited. The Customer will be liable for any costs associated with restoring the ISO Container to its original state.
1.7. ISO Container hire fee is applicable every day of the hire. Hire fee is calculated from the date of despatch to the date of return to despatch point, multiplied by the quoted daily hire rate.
1.8. Any product left in hired ISO Containers at time of collection from the Customer’s site becomes the property of Wagners and no credit will be applicable.
1.9. Where Wagners’ drivers are prevented from carrying out their duties, either for collections or deliveries by conditions on the Customer’s site beyond Wagners’ control, waiting time charges will be payable by the Customer.
2.1. Compressor and fittings hired from Wagners are only to be used for pumping out product from Wagners’ ISO Containers. They are not to be used for any other purpose.
2.2. Compressor must be stored in a safe and secure location in the set-down area.
2.3. The Customer must provide the fuels and oils for the Compressor and perform daily maintenance and checks.
2.4. The Customer will ensure in the event that the compressor needs to be moved that it towed in accordance with relevant state laws for towing weights and the requirements for brake controllers.
3.1. ISO Containers, Compressors and ancillary equipment, i.e. trailers are held by the Customer at its risk and it is the responsibility of the Customer to ensure they are adequately secured.
3.2. Any loss, theft or damage to any hired items will be at the Customer’s expense.
4.0 PERSONAL PROPERTIES SECURITIES ACT 2009
4.1. The provisions of the Personal Property Securities Act 2009 (Cwth) [PPSA] (as amended) may apply to Wagners supply of goods and/or hire/bailment of its personal property (including, its ISO Containers, compressors or other plant and equipment) to the Customer and the definitions in the PPSA apply to this Agreement and where used in this Agreement they have the same meaning and that the provisions of the PPSA may be used by Wagners to protect its interests in its Goods or personal property supplied, hired or provided to the Customer under this Agreement and/or to recover any unpaid goods or the possession of its personal property at its sole discretion.
4.2. This Agreement including the Customer’s terms/conditions of supply/hire/services, any purchase order or other order the Customer places with Wagners form a security agreement under the PPSA which secures Wagners’ interests in its Goods or its personal property and the collateral secured by this Agreement is any Goods ordered by You and delivered by Us for which the purchase price has not been fully paid and any personal property of Wagners which may be hired/bailed into the Customer’s possession under this Agreement.
4.3. The Customer consents to Wagners effecting and maintaining a registration on the register created by the PPSA [PPSR] (in any manner Wagners considers appropriate) in relation to any security interest contemplated or constituted by this security agreement and the Customer agrees to sign any documents and provide all assistance and information to Wagners required to facilitate the registration and maintenance of any security interest on the PPSR. Wagners may at any time register a financing statement or financing change statement in respect of a security interest (including any purchase money security interest). The Customer waives the right to receive notice of a verification statement in relation to any registration on the register of a security interest in respect of Wagners’ Goods or personal property.
4.4. The Customer undertakes to:
4.4.1. do anything (in each case, including executing any new document or providing any information) that is required by Wagners:
188.8.131.52. so that it may register and maintain one or more perfected security interests under the PPSA in respect of its Goods and its proceeds or personal property.
184.108.40.206. to register a financing statement or financing change statement; and
220.127.116.11. to ensure that Wagners’ security position, and rights and obligations, are not adversely affected by the PPSA.
4.4.2. not register a financing change statement in respect of a security interest contemplated or constituted by this Agreement without Wagners’ prior written consent; and
4.4.3. not register, or permit to be registered, a financing statement or a financing change statement in relation to Wagners’ Goods or personal property in favour of a third party without Wagners’ prior written consent.
4.4.4. indemnify Wagners, and upon demand reimburse Wagners for all expenses incurred in enforcing a security interest on the PPSR or in recovering any unpaid Goods charged or Wagners’ personal property.
4.5. if Chapter 4 of the PPSA would otherwise apply to the enforcement of a security interest arising under or in connection with this Agreement and:
18.104.22.168. section 115(1) of the PPSA allows for the contracting out of provisions of the PPSA, the following provisions of the PPSA will not apply and You will have no rights under them: section 95 (to the extent that it requires the secured party to give notices to the grantor); section 96; section 118 (to the extent that it allows a secured party to give notices to the grantor); section 121(4); section 125; section 130; section 132(3)(d); section 132(4); section 135; section 142 and section 143; and
22.214.171.124. section 115(7) of the PPSA allows for the contracting out of provisions of the PPSA, the following provisions of the PPSA will not apply and the Customer will have no rights under them: section 127; section 129(2) and (3); section 130(1); section 132; section 134(2); section 135; section 136(3), (4) and (5) and section 137;
4.6. Unless otherwise agreed and to the extent permitted by the PPSA, the Customer and Wagners agree not to disclose information of the kind referred to in section 275(1) of the PPSA to an interested person, or any other person requested by an interested person. The Customer waives any right it may have, or but for this clause may have had, under section 275(7)(c) of the PPSA to authorise the disclosure of the above information.
4.7. If Wagners takes apparent possession of any collateral under the PPSA, it may dispose of any such collateral on the Customer’s premises in any manner Wagners considers at its sole discretion.
5.0 TERM OF HIRE OR BAILMENT
5.1. Unless expressly agreed to the contrary and the Customer’s grant of a security interest to Wagners under the PPSA has been registered on the PPSR as per clause 4 above, the term of any hire or bailment of Wagners’ personal property (including, its ISO Containers, compressors or other plant and equipment) will be 89 days or less as agreed by the parties.
5.2. Upon a hire or bailment of Wagners’ personal property approaching the 89th day, Wagners contact the Customer to arrange for Wagners to attend the premises of the Customer or the location where Wagners’ personal property are stored on the 89th day of the hire/bailment to remove its personal property. The Customer must do all things necessary, including obtaining consents/permits of the Customer or a third party so that Wagners may attend the Customer’s premises or the location where its personal property is situated for it to take possession of its personal property.
6.0 CEMENT TYPES
GP - (General Purpose) SR - Sulphate Resistant SL - Shrinkage Limited FA - Fly Ash
HE - High Early Strength GYP - Gypsum GGBFS - Ground Granulated Blast Furnace Slag
HYD - Hydrated Lime
GB - Refers to Any 'Blended' Cement, please refer to 'Cement Type' in the table above for exact blend to be supplied
"GBS -Slag Blend (75% GP- 25% GGBFS) HSC -High Slag Blend (40% GP - 60% GGBFS)"
FAB -Flyash Blend (70% GP 30% Fly Ash)
7.0 DELIVERY AND RISK
"7.1 The delivery dates included in the Supply Contract - Key Terms are estimates only and are subject to Wagner’s written confirmation. Time shall not be of the essence in relation to delivery.
7.2 Delivery of the Goods shall be as specified in the Supply Contract - Key Terms. The Purchaser acknowledges that Wagner’s only responsibility in respect of delivery is to make the Goods available to the Purchaser from time to time in accordance with the Supply Contract
- Key Terms. Unless stated otherwise, the Purchaser acknowledges that the Purchaser bears the full cost and risk involved in transporting the Goods to their specified destinations.
7.3 Where the goods are not bulk the Delivery Point shall be the place and the Purchaser shall be deemed to have accepted the Goods when they are placed on rail or lorry at point of manufacture, or a Wagners store, (notwithstanding that Wagners may have prepaid the transport charges to destination for the Purchaser’s siding, store, depot or job as the case may be). It is the Purchaser’s responsibility to sign clearly for all Goods received and to record any return pallets which may be applicable so that accurate charging on invoice Wagners incur.
7.4 Subject to this Clause 3, risk in the Goods and in each instalment thereof passes when the Purchaser or its agents take delivery at the Delivery Point If the Contract provides for instalments, each instalment of the Goods shall be deemed to be the subject of a separate Contract and no default or failure by Wagners in respect of any one or more instalments of the Goods shall affect the Contract in respect of the Goods previously delivered or undelivered Goods.
7.5 The Purchaser shall not be entitled to reject any delivery or any Goods or any instalment of the Goods unless it establishes that Wagners has failed substantially to meet all of its obligations in respect of that delivery, those Goods or that instalment of the Goods.
7.6 If the Purchaser fails to take delivery of the Goods or any instalment of the Goods in accordance with the Contract, Wagners, upon giving written notice to the Purchaser, may store or arrange for the storage of the Goods or any of them at the risk of the Purchaser, and delivery shall be deemed to have taken place. The Purchaser shall pay to Wagners all costs and expenses including storage and insurance charges arising from such failure.
7.7 Goods supplied by Wagners may be on hired pallets. The Purchaser bears the risk of loss and damage to the pallets upon delivery. Nothing in this Contract affects title in, or ownership of, the pallets which the Purchaser acknowledges vests with the third-party owner of the pallets. All pallets are to be returned or exchanged on a like for like basis if Wagners supplies Goods using such hire pallets when Wagners offers an exchange option. The Purchaser acknowledges that Wagners will suffer damage if the pallets are not exchanged upon delivery of the Goods or returned within 60 days of delivery. Wagners shall charge a fee as liquidated damages for each pallet not exchanged as required by this Contract of not more than the replacement cost of the pallet. The Purchaser acknowledges that the fee payable is a genuine pre-estimate of likely costs and expenses to be incurred by Wagners in the event of such failure."
8.0 SHORT LOAD
When ordered by customer is calculated on full load costs of vehicle combination used. i.e. Transport Charges are based on the minimum load capacity of the truck used as per above. Split loads are only possible in B/Doubles and Road Trains. Please feel free to contact our Cement Allocations to discuss if your requirements are outside normal loads.
9.0 DIVERTED LOAD
Any diverted loads/part loads will require re-negotiation. Any additional cartage incurred, or product price adjustments will be automatically charged where the delivery point is different to the above stated address. Loads that are cancelled after the delivery vehicle has left point of dispatch will be charged at the quoted rate or in the event of a 3rd Party supplier whatever is the greater of the load price or cancellation fee. (NB: some products can be dispatched up to 48 hours prior to delivery)
10.0 UNUSED TONNAGES
Where unused tonnages occur in any order, short loads rates will apply to the tonnage used. The unused tonnage will incur a return fee determined by the tonnage and cartage costs to supply source.
11.0 WAITING TIMES
Semi Single: First hour from ordered time no charge then $125.00 per hour (ex-GST)
B-Double: First two hours from ordered time no charge then $150.00 per hour (ex-GST)
Road Trains / Ab-Triple / Triples: First 2 hours from ordered time no charge then $195.00 per hour (ex-GST)
Overnight Standby Rate 6pm to 6am $750.00 additional wait time outside these hours as above (ex-GST)
12.0 PURCHASE ORDERS
Customer Purchase Orders/Job Numbers must be provided when orders are placed with the Wagners Cement Powder Allocator.
We / I declare that I am an authorised representative of the Customer and that I am authorised by the Customer to agree to these terms and conditions. The Customer understands and agrees to be bound by the terms and conditions stated herein.