Tank Shop is operated by Webporter Pty Ltd as trustee for Brisbane Family Trust (ABN 32 058 768 827)
In Plain English (Easy-to-Read Summary)
This summary is for convenience only. The full Terms below govern Website use and Orders. If there is any inconsistency, the full Terms apply, subject to any law that cannot be excluded.
- Placing an Order is an offer to buy. Tank Shop accepts an Order by issuing a Sales Order Confirmation after reviewing availability, delivery, specifications, payment and other relevant details.
- Tank Shop may reject an Order before acceptance and, in the circumstances set out in these Terms, may suspend or cancel an accepted Order where supply or fulfilment cannot reasonably proceed.
- Water tanks and some other Goods are made to order or configured for the customer. Your Order and instructions are authority for Tank Shop to proceed unless we expressly tell you that further approval is required.
- Tank Order Management provides an additional review, documentation and coordination process intended to help identify potential order issues. It is not professional design or engineering advice and does not guarantee that an Order or project will be error-free.
- Tank Shop may offer a Bank Transfer Discount or another payment method discount. Rates and conditions are stated with the relevant Order and are not fixed by these Terms.
- Tank Shop does not generally accept change of mind cancellations or returns. If we make an exception, supplier restocking/cancellation charges, freight, payment processing costs, Tank Order Management work and other reasonable costs may be deducted or payable.
- Delivery of a water tank means delivery to a safe accessible unloading point at the nominated property, or another location expressly agreed with you. You or an authorised representative must be present and available for tank delivery unless another arrangement has been expressly agreed. Optional positioning, siting, craning or other onsite assistance is not part of Tank Shop’s delivery obligation unless Tank Shop expressly agrees otherwise.
- Manufacturer warranties are provided by the relevant Manufacturer. Tank Shop will reasonably assist with post-sale issues, but does not guarantee a particular warranty outcome.
- Information provided by Tank Shop is general product and order assistance. For project-specific design, installation, compliance or safety decisions, obtain advice from an appropriately qualified professional familiar with your actual site and circumstances.
PART A – INTRODUCTION AND DEFINITIONS
1. Introduction
1.1 These Terms and Conditions (Terms) govern access to and use of www.tankshop.com.au (Website) and the ordering and purchase of goods and services from Tank Shop, whether an Order is placed through the Website, accepted from a quotation, made by telephone or email, or prepared on your behalf by Tank Shop staff.
1.2 By using the Website or placing, approving or paying for an Order that refers or links to these Terms, you agree to be bound by them.
1.3 Tank Shop is operated by Webporter Pty Ltd as trustee for Brisbane Family Trust, ABN 32 058 768 827 (Tank Shop, we, us or our).
1.4 These Terms apply to consumer and business customers. Nothing in these Terms excludes, restricts or modifies any right, guarantee, remedy or liability that cannot lawfully be excluded, restricted or modified.
1.5 Product, Manufacturer, Supplier, delivery or other requirements may also apply where they are disclosed or reasonably made available in connection with the Goods or Order, including after acceptance where relevant to technical, safety, access, delivery, installation, approved-use, maintenance or warranty matters. You are responsible for reviewing and complying with applicable requirements.
2. Definitions
Business Day: means Monday to Friday, excluding a public holiday observed at the place relevant to the activity concerned.
Customer, you or your: means the person or entity identified in the Order as the buyer or customer. A person who merely makes a payment on another Customer’s behalf does not become the Customer solely because of that payment.
Delivery Address: means the address or delivery location stated in the Order or subsequently agreed with Tank Shop.
Delivery Agent: means a Manufacturer, Supplier, freight company, courier, postal provider or other third party involved in delivery.
Delivery Fee: means any amount charged for freight, delivery, handling, redelivery, redirection, waiting or related delivery services.
Goods: means products offered or supplied by Tank Shop, including water tanks, pumps, rain harvesting products, gutter protection products, fittings and accessories.
Manufacturer or Supplier: means a third-party manufacturer, distributor or supplier from whom Tank Shop sources Goods or related services.
Manufacturer Requirements: means applicable product, delivery, access, base preparation, installation, approved-use, operation, maintenance and warranty requirements of the relevant Manufacturer or Supplier that are provided or reasonably made available to you.
Manufacturer Warranty: means any voluntary warranty or warranty against defects provided by the relevant Manufacturer in addition to rights that may apply by law.
Order: means your request or offer to purchase Goods and/or Services from Tank Shop, including an Order placed through the Website or prepared or varied by Tank Shop staff.
Order Acknowledgement: means an acknowledgement that we have received an Order or payment instructions. It is not a Sales Order Confirmation unless it expressly says that the Order has been accepted.
Payment Processor: means a payment gateway, merchant facility, acquirer or other payment service provider used by Tank Shop from time to time, including Stripe where applicable.
Price: means the price stated by Tank Shop in Australian dollars, including GST where applicable unless stated otherwise.
Return and Refund Policy: means the version of the Tank Shop Return and Refund Policy made available with the applicable Order in accordance with section 20.
Sales Order Confirmation: means an email, PDF or other written communication from Tank Shop that expressly confirms acceptance of an Order for fulfilment.
Security Deposit: means an amount expressly identified by Tank Shop as a security deposit and held, once the Order is accepted, as security for the Customer’s performance of the Order until it is applied to the Price, forfeited or refunded.
Services: means services supplied by Tank Shop in connection with an Order, including Tank Order Management where applicable.
Tank Order Management Service: means the additional tank-order review, documentation, Manufacturer liaison, coordination and related order support described in section 6.
Website: means www.tankshop.com.au and related Tank Shop pages and checkout facilities operated by us.
PART B – SALE OF GOODS AND SERVICES
3. Eligibility and Website Use
3.1 You must be at least 18 years old and provide accurate, complete and current information when placing an Order. A person who places or approves an Order on behalf of another person or entity warrants that they have authority to bind that buyer to the Order and these Terms. If you provide information about another person, including a recipient or site contact, you confirm that you have authority to provide it for the purposes of the Order.
3.2 You must not use the Website unlawfully, fraudulently, to interfere with its operation or security, or to infringe the rights of Tank Shop or another person.
3.3 Tank Shop may restrict, suspend or terminate access to the Website or any account feature at its discretion for maintenance, operational, security, fraud, unlawful activity, misuse or other legitimate business reasons. This does not by itself cancel an accepted Order, which remains subject to these Terms.
4. Orders, Acceptance and Cancellation
4.1 Submitting an Order, accepting a quotation or approving an Order prepared by Tank Shop is an offer to purchase the Goods and/or Services described. An automated checkout email, Order Acknowledgement, request for payment, pro-forma invoice, card authorisation or receipt of funds does not by itself mean that Tank Shop has accepted the Order.
4.2 A binding contract is formed when Tank Shop sends a Sales Order Confirmation. Before acceptance, Tank Shop may review availability, delivery location and access, specifications, configuration, pricing, payment status and any other matter relevant to fulfilment.
4.3 Before acceptance, Tank Shop may accept, reject or decline all or part of an Order at its discretion for any reason, including availability, Manufacturer or Supplier restrictions, delivery limitations, payment or fraud concerns, errors, or a configuration we are unwilling or unable to supply. If payment has been received before acceptance and the Order is rejected, Tank Shop will refund the amount received for the rejected part, less any separate Service or special cost you expressly requested or authorised Tank Shop to incur before acceptance, to the extent permitted by law.
4.4 After acceptance, Tank Shop may suspend or cancel all or part of an Order where fulfilment becomes unavailable, unsafe, unlawful, impossible or materially impracticable, or where another circumstance materially affects fulfilment and suspension or cancellation is reasonably necessary. This includes, without limitation, Manufacturer or Supplier withdrawal or refusal, discontinuation, shortages, production limitations, delivery or safety issues, material pricing/specification/freight/system errors, payment failure or reversal, reasonable fraud concerns, a breach of these Terms that materially affects the Order, failure to provide required payment, information or cooperation, or circumstances outside Tank Shop’s reasonable control that materially affect fulfilment.
4.5 Where Tank Shop cancels an accepted Order for a reason not caused by your request, breach or conduct, amounts paid for the unfulfilled cancelled part will be refunded, less only any genuinely separate Services already completed and any other amount that may lawfully be retained in the circumstances.
4.6 To the maximum extent permitted by law, Tank Shop is not liable for loss, damage, cost or expense arising merely from its lawful rejection, suspension or cancellation of all or part of an Order under this section, whether before or after acceptance, except for any amount Tank Shop is required to refund under these Terms or applicable law.
4.7 You must check the Order information supplied to you and promptly notify Tank Shop of any known error. Tank Shop may rely on the Order, your instructions and any later agreed variations when arranging manufacture, supply and delivery.
4.8 Tank Shop may communicate with you by email, telephone, SMS or another electronic channel used in connection with the Order. You are responsible for providing working contact details and monitoring communications relating to your Order.
5. Pricing and Payment
5.1 Prices are stated in Australian dollars and include Australian GST unless stated otherwise. The amount payable may include Goods, Delivery Fees, a Tank Order Management Service charge where applicable, and other amounts disclosed or agreed in connection with the Order.
5.2 Before acceptance, Tank Shop may correct an incorrect or incomplete price, charge or freight calculation. A material pricing, product, configuration, freight, Website, quotation or system error does not oblige Tank Shop to supply on the erroneous basis to the extent permitted by law.
5.3 Where you request or approve a change to an accepted Order, changed or additional Goods, Services and attributable charges may be priced using the rates, prices and conditions applicable when the variation is agreed. If a requested change materially replaces the original Order or requires it to be cancelled and recreated, the replacement may be priced as a new Order. If, after an agreed variation and any applicable charges, the revised Order total is less than the amount already paid, Tank Shop will refund or, where agreed, credit the excess.
5.4 Unless Tank Shop agrees otherwise, cleared payment is required before Goods are released, despatched, collected or delivered. Tank Shop may require a Security Deposit for a water tank or other made-to-order Order. The amount may be set having regard to the nature and customisation of the Goods, Manufacturer or Supplier commitments, cancellation or restocking exposure, difficulty of resale and Tank Shop’s exposure if you do not complete the Order. A Security Deposit received before acceptance is held pending Tank Shop’s decision whether to accept the Order. Once the Order is accepted, the Security Deposit is credited to the Order and held as security for your performance of the Order. Receipt of the Security Deposit does not, by itself, apply it to the Price or otherwise treat it as consideration for the supply. Unless otherwise agreed or expressly stated by Tank Shop, the Security Deposit remains held as security until the Order is fulfilled and the final amount payable for the Order has been determined, at which time it is applied to the Price. It may instead be forfeited or refunded in accordance with these Terms and applicable law. Tank Shop may separately agree, at its discretion, to a staged payment arrangement. Such an arrangement does not create an ongoing entitlement to staged payments or credit.
5.5 Unless otherwise agreed, any outstanding balance becomes immediately due before delivery, despatch or collection. If you directly arrange with a Manufacturer, Supplier or Delivery Agent to advance delivery or collection, this does not alter your payment obligations to Tank Shop and any amount that would have been payable before delivery becomes immediately due.
5.6 Card and other electronic payments may be processed through a Payment Processor selected by Tank Shop from time to time. Authority to use a particular payment method for a payment or transaction may be given verbally, electronically or in writing and may be recorded by Tank Shop. You warrant that you are authorised to use the payment method provided and that your payment instructions and use of that payment method are lawful.
5.7 Where a payment method is securely retained by a Payment Processor, Tank Shop may use it in accordance with the authority given when the payment method was stored and for amounts you subsequently authorise Tank Shop to charge in connection with an Order or related supply, including an agreed Order variation, additional Goods or Services, freight, a staged payment, replacement authorisation where an earlier authorisation expires, or a supplementary Order. Authority may be given verbally, electronically or in writing. Tank Shop may instead require a separate payment or further authentication. Nothing in this clause authorises an amount you have not approved.
5.8 An agreed variation or additional supply may be recorded by updating the existing Order, creating a supplementary or separate Order, or otherwise documenting the agreed change. The administrative method used does not affect the obligation to pay an amount you have approved.
5.9 Tank Shop does not store full payment-card numbers on its own servers or in its own managed databases. Payment credentials or payment tokens may instead be securely retained by a Payment Processor where you have authorised that use. Tank Shop may change Payment Processors or merchant facilities from time to time, subject to applicable law and payment-network requirements.
5.10 Tank Shop may offer a Bank Transfer Discount or another payment method discount. The Bank Transfer Discount applies to the full Order amount only where the entire amount payable is paid by direct bank transfer. Payment of a deposit or part of an Order by bank transfer does not, by itself, qualify for the discount. The applicable discount, eligibility conditions and amount will be shown with the Order or payment instructions and may change for future Orders. If the conditions are not met, the standard amount remains payable.
5.11 If, at your request and not because of a failure by Tank Shop or a legal entitlement to a remedy, Tank Shop agrees to reduce, vary or cancel an accepted Order after payment has been processed, any discretionary refund or credit may be reduced by unrecoverable third-party payment processing or currency-conversion costs.
5.12 Before initiating a chargeback, card dispute, payment reversal or similar claim, you must first contact Tank Shop and provide a reasonable opportunity for the issue to be investigated and resolved directly.
5.13 A chargeback, payment reversal, refund or decision by a bank, card issuer, Payment Processor or card scheme does not, of itself, cancel or extinguish any amount otherwise lawfully due to Tank Shop. If a properly payable amount is reversed or withheld, it remains due and, to the maximum extent permitted by law, you must reimburse third-party chargeback, dispute, retrieval or payment-reversal fees actually incurred by Tank Shop, together with reasonable external recovery or legal costs recoverable by Tank Shop. Tank Shop may pursue the underlying debt independently of the chargeback process.
5.14 Invoices, receipts and other payment records may be issued electronically. Where multiple Orders or variations relate to the same supply, Tank Shop may issue separate or consolidated commercial documentation as appropriate to its accounting and order systems.
6. Tank Order Management Service
6.1 A Tank Order Management Service charge applies to Orders containing a water tank where shown with the Order. For standard Website Orders, the charge applies to water tanks, selected tank options, bundled products and associated delivery, but excludes separately added non-tank products. For Orders prepared or customised by Tank Shop staff, including combined tank-and-pump packages, the charge may instead apply to the total Order value, including other Goods and delivery. The applicable rate, amount and calculation basis are disclosed with the Order before acceptance.
6.2 Tank Order Management may include reviewing tank selection and Order details, reviewing information or plans supplied to us, documenting fittings, preparing diagrams, checking requirements with the Manufacturer, liaising about production or changes, coordinating delivery information and providing Order-related support.
6.3 The Tank Order Management Service is an additional administrative review and coordination process intended to reduce the risk of inconsistencies, omissions or ordering errors before manufacture. It is not a warranty, certification or guarantee of accuracy, completeness, suitability, or error-free manufacture, delivery or installation.
6.4 Tank Order Management is incidental to the sale and supply of the Goods. It is not engineering, hydraulic, plumbing, structural, building-design, certification, surveying, professional consulting or site-inspection advice. Tank Shop does not ordinarily attend the site or independently verify site conditions, dimensions, calculations, design or compliance.
6.5 Final project, installation, compliance and site requirements remain the responsibility of the customer and the appropriate qualified builder, plumber, engineer, hydraulic consultant, certifier or other professional familiar with the actual site and circumstances.
6.6 If an Order changes, the Tank Order Management Service charge may be recalculated to reflect the revised Order and additional work. If Tank Shop agrees to a change of mind cancellation, the charge or a reasonable part of it may be retained to reflect work already performed and costs incurred.
7. Products, Custom Orders, Manufacturer Requirements and Advice
7.1 Many water tanks and some other Goods are manufactured, configured, modified or specially procured for an individual Order. Once manufacture, modification, procurement or supplier processing has started, changes or change of mind cancellation may be difficult, costly or impossible.
7.2 You are responsible for checking the model, dimensions, capacity, colour, material, quantity, fittings, accessories and other specifications stated in your Order and notifying Tank Shop promptly if anything is incorrect.
7.3 Tank Shop may provide a fitting diagram, marked-up plan, specification or other Order information as a courtesy and as an additional opportunity to identify errors. Unless Tank Shop expressly states that further approval is required before manufacture, providing such material does not suspend the Order. Your Order, instructions and subsequent agreed variations remain authority for Tank Shop to proceed.
7.4 Where Tank Shop requires clarification, confirmation, payment, further information or resolution of an issue, or otherwise reasonably considers a hold necessary to avoid an error, additional cost, unsafe or unlawful supply, or another material issue affecting manufacture, payment, supply or delivery, Tank Shop may place all or part of an Order on hold. You must respond promptly to any request needed to progress the Order. Any previously indicated production, despatch or delivery date or time may be withdrawn or revised to the extent affected by the hold, and Tank Shop is not liable, to the maximum extent permitted by law, for resulting delay, cost or loss arising from a reasonably imposed hold or your failure to respond or cooperate.
7.5 Tank Shop may rely on plans, measurements, specifications, site information, instructions and approvals provided by you or on your behalf and is not required to independently verify them. Reviewing or commenting on that information does not make Tank Shop responsible for its accuracy, completeness or for whether the Goods selected meet your project requirements. You remain responsible for final product selection and for ensuring the Goods ordered meet your project, capacity, design and compliance requirements.
7.6 Product photographs, renders and diagrams are illustrative only. Actual products may vary in appearance, fittings, labels, accessories, colour or configuration; images may show a similar model within the same range; and surrounding or optional items may not be included. Always refer to the written product description, model, Order documents and relevant Manufacturer specifications.
7.7 Published dimensions, capacities and specifications may be nominal and subject to reasonable Manufacturer tolerances. For water tanks, stated capacity may represent nominal or total tank volume; actual usable or stored water volume may be lower due to tank geometry, freeboard, fitting or overflow position, manufacturing tolerance and installation conditions. You are responsible for ensuring the model and configuration ordered meet your required dimensions, usable capacity, detention volume, fitting positions and other project requirements. Any critical requirement must be correctly specified in the Order before manufacture or supply. Advice, review or assistance by Tank Shop does not transfer that responsibility, and your approved Order and instructions remain authority to proceed.
7.8 You are responsible for checking site dimensions, access, installation clearances and compatibility with surrounding structures, services or equipment.
7.9 Goods must only be used for purposes, liquids, materials, installation methods and operating conditions approved by the relevant Manufacturer. Where a Manufacturer specifies that a tank is designed or warranted only for rainwater and/or potable-water storage, the tank must only be used for those purposes. Storing any other liquid or material, including chemicals, grey water, brackish water or salt water, is outside the approved use and may void or exclude cover under the Manufacturer Warranty. A tank must not be used for any specialised, non-standard or otherwise unapproved purpose.
7.10 You must read and comply with applicable Manufacturer Requirements that are provided or reasonably made available to you through Tank Shop, the Manufacturer, the Website, Order correspondence, linked documents, delivery information, packaging or documentation supplied with the Goods. Failure to read information reasonably provided or made available does not relieve you of responsibility for complying with applicable Manufacturer Requirements.
7.11 All product information, recommendations and practical assistance given by Tank Shop through the Website, email, telephone, messages, quotations, calculators, guides, diagrams, marked-up plans or staff discussions is general product and Order assistance unless Tank Shop expressly agrees otherwise in a separate written engagement. It is not project-specific engineering, hydraulic, plumbing, structural, building, electrical, certification or other professional advice.
7.12 Tank Shop does not ordinarily attend or inspect the site and cannot account for every site-specific condition or regulatory requirement. You are responsible for obtaining any professional advice necessary for project-specific design, installation, compliance or safety decisions from an appropriately qualified professional familiar with the actual site, system, intended use and circumstances.
7.13 Unless expressly included in the accepted Order, installation, plumbing, electrical work, site works, approvals, permits and professional certification are your responsibility.
7.14 Where installation, plumbing, electrical or other regulated work is required, you must engage appropriately qualified and licensed tradespeople holding all licences, registrations and approvals required in the jurisdiction where the work is performed. Pumps sold by Tank Shop must be installed and connected by a suitably qualified and licensed plumber. Any electrical work must also be carried out by a suitably qualified and licensed electrician where required.
7.15 Unless expressly stated in the accepted Order, a pump supplied with a tank is not installed by Tank Shop and may be delivered separately from the tank. Where a Manufacturer has expressly agreed to install or position a pump as part of delivery, you must ensure the tank can be safely delivered and positioned at its final installation location and that all applicable site, access and installation requirements are satisfied. If the tank cannot be positioned as required, the pump installation may not be completed.
8. Availability, Errors and Substitutions
8.1 Tank Shop sources many Goods through third-party Manufacturers and Suppliers and may rely on supplier warehouses, inventory systems, staff advice, data feeds, production schedules and other information when communicating availability. That information may not be real-time and may be delayed, incomplete or incorrect. To the maximum extent permitted by law, Tank Shop is not liable merely because availability or Supplier information later proves inaccurate, incomplete or out of date.
8.2 An indication that Goods are in stock, available, on back order or expected by a particular date does not guarantee that stock or production has been secured unless Tank Shop expressly confirms otherwise.
8.3 Tank Shop may withdraw, suspend, discontinue, restrict or alter the availability of a Good displayed on the Website at any time. If availability or a material error affects an accepted Order, Tank Shop may wait for supply for a reasonable period in the circumstances or for a longer period agreed with you, propose a correction or alternative, or exercise its suspension or cancellation rights under section 4. To the maximum extent permitted by law, Tank Shop is not liable merely because a Good is withdrawn, suspended, discontinued or becomes unavailable.
8.4 Tank Shop will not make a material post-acceptance change to the agreed product or configuration without your agreement. Reasonable Manufacturer tolerances and non-material product updates that do not materially alter the agreed Goods are not substitutions for this purpose.
9. Delivery
9.1 Goods may be delivered by Tank Shop, a Manufacturer, Supplier, courier, postal provider or other Delivery Agent. You consent to Tank Shop providing Order, contact and delivery information reasonably required for fulfilment.
9.2 Manufacturing lead times, despatch estimates and delivery dates or times are estimates only. A date or time communicated by Tank Shop, a Manufacturer, Supplier or Delivery Agent remains estimated or indicative even if it is scheduled, confirmed or later changed by agreement. Tank Shop is bound to a fixed date or time only where the accepted Order, or a subsequent variation expressly accepted by Tank Shop, specifically states that the particular date or time is a fixed contractual requirement. Timing may change because of production, freight, weather, access, Supplier capacity and other circumstances. Tank Shop does not guarantee continuous delivery-status updates.
9.3 You must provide accurate delivery and access information and comply with applicable delivery and Manufacturer Requirements. Additional freight, waiting, failed-delivery, redirection, storage or redelivery charges may apply where extra cost arises from incorrect or incomplete information, unsuitable access or site conditions, failure to meet disclosed requirements, customer-requested changes or another circumstance caused or requested by you or within your control.
9.4 You must notify Tank Shop promptly if you need to delay delivery. Once Goods have been manufactured, completed, specially procured or made available for delivery, a customer-requested delay does not require Tank Shop, the Manufacturer or Supplier to store the Goods without charge or to stop or reverse production already underway. Where delivery is postponed because of your request, unavailability, site readiness, access conditions or another circumstance for which you are responsible under the Order or these Terms, you are responsible, to the maximum extent permitted by law, for reasonable storage, handling, rescheduling, return-to-base, redelivery or other charges imposed by a Manufacturer, Supplier or Delivery Agent or reasonably incurred by Tank Shop as a result.
9.5 For water tanks, Tank Shop’s delivery obligation is, unless expressly agreed otherwise in writing, delivery to a safe accessible unloading point at the nominated Delivery Address, or another location expressly agreed with you. The Delivery Agent determines whether access and unloading can be carried out safely and the safe unloading point available at the Delivery Address. Delivery does not include final positioning, siting, installation, craning, lifting, excavation, plumbing or movement to a preferred installation location.
9.6 You or an authorised representative must be present and available at the Delivery Address for a water tank delivery unless Tank Shop or the Delivery Agent expressly agrees otherwise. You must also provide any persons, equipment or assistance stated in the applicable delivery requirements. If no authorised person is present or required assistance is unavailable, the Delivery Agent may, at its discretion, unload the tank only where it considers this safe, including by placing or laying the tank in a safe position, or may abort or return the delivery. You are responsible for promptly securing and protecting any tank left at the Delivery Address and, to the maximum extent permitted by law, for reasonable failed-delivery, return, storage, waiting and redelivery costs arising from your failure to meet these requirements.
9.7 A Manufacturer, driver or Delivery Agent may communicate with you directly about fulfilment or may offer assistance or services additional to the accepted Order concerning access, timing, positioning, siting, lifting or other onsite matters. A representation or arrangement is separate from Tank Shop only to the extent it is genuinely additional to, and not part of, the Goods or Services Tank Shop agreed to supply. Passing on a request, providing contact details, facilitating communication or noting a preferred position does not by itself make Tank Shop a party to a genuinely separate arrangement unless Tank Shop expressly adopts it as part of the Order.
9.8 If you communicate with, give instructions to or make arrangements directly with a Manufacturer, Supplier or Delivery Agent, you are responsible for those communications and must promptly notify Tank Shop of any material change or arrangement affecting production, delivery, timing, access or the Order. Tank Shop is entitled to rely on the information available to it and, to the maximum extent permitted by law, is not responsible for delay, cost, misinformation, payment issues or other consequences arising from a direct dealing or instruction of which Tank Shop was not informed.
9.9 A direct arrangement with a Manufacturer, Supplier or Delivery Agent does not amend the Order with Tank Shop, change the amount due to Tank Shop or waive a payment requirement unless Tank Shop expressly agrees. If you advance or rearrange delivery so that payment falls due earlier, the relevant outstanding amount becomes immediately due.
9.10 You are responsible for preparing a tank base that complies with applicable Manufacturer Requirements, providing a suitable delivery and siting area, arranging any required onsite machinery or trades, and securing and protecting the Goods after delivery. Availability of delivery to a postcode or property is not a promise that a tank can be placed in your preferred final position.
9.11 For parcel and courier Goods, carrier procedures may apply. Goods may be taken to a depot or collection point or left under an authorised authority-to-leave arrangement. You are responsible for collecting and securing delivered Goods promptly. Tracking, scans and delivery photographs may be relied upon as evidence of delivery unless reasonable evidence indicates otherwise.
10. Risk and Title
10.1 Title to Goods remains with Tank Shop until cleared payment in full has been received for those Goods, except where the law provides otherwise.
10.2 Risk in Goods passes to you when the Goods are delivered to the Delivery Address or, where collection is agreed, when collected by you or your authorised representative.
10.3 A person nominated by you, or a person present at the Delivery Address or agreed collection point who reasonably appears to the Delivery Agent to be authorised to receive the Goods on your behalf, may be treated as authorised unless you have told Tank Shop otherwise in advance.
11. Changes, Cancellations, Returns and Refunds
11.1 Tank Shop does not accept change-of-mind cancellations or returns after Order acceptance unless Tank Shop expressly agrees otherwise. This includes circumstances where you ordered incorrectly, no longer require the Goods, your customer or project changed, or you found another product or price. Tank Shop may, but is not obliged to, agree to an exception in its discretion.
11.2 Made-to-order, custom-configured, modified or specially procured Goods will not be accepted for change of mind cancellation or return once manufacture, modification, procurement or supplier processing has started.
11.3 Where a refund, replacement or other remedy is required by applicable law, it will be handled in accordance with that law. In all other cases, any customer-requested cancellation, change-of-mind return, refund or credit that Tank Shop agrees to is discretionary and may be subject to conditions set by Tank Shop, including prior authorisation, time limits, condition and packaging requirements, and payment or deduction of reasonable costs and losses arising from the cancellation, return or change.
11.4 For a customer-requested cancellation, change of mind or other failure by you to complete or perform an accepted Order, any Security Deposit is at risk of forfeiture to the maximum extent permitted by law. Tank Shop may waive forfeiture or agree to refund all or part of a Security Deposit in its discretion. Amounts already earned, performed or irreversibly incurred may also be retained or deducted from any amount otherwise returned or credited, including Tank Order Management or other Services already performed, Manufacturer or Supplier cancellation or restocking charges, original delivery or freight costs already incurred, return freight or collection, unrecoverable payment processing or currency-conversion costs, and reasonable inspection, handling or repackaging costs. Manufacturer or Supplier restocking or cancellation charges may be calculated as a percentage of the product price and may be substantial.
11.5 Unless Tank Shop agrees otherwise, you bear the cost and risk of returning or having Goods collected under a discretionary return, including applicable collection or pickup charges, until the Goods are received at the nominated return location. Use, damage, missing parts or inadequate return packaging may be taken into account to the extent permitted by law.
11.6 Where a refund or credit is due, Tank Shop may use the original payment method or another agreed or required method. Any Bank Transfer Discount or other payment method discount will be taken into account by reference to the amount actually paid for the affected supply.
11.7 Tank Shop’s separate Return and Refund Policy sets out practical return, assessment and refund procedures and is incorporated into these Terms in the version applicable to the Order under section 20. If there is an inconsistency, these Terms prevail unless applicable law requires otherwise.
12. Manufacturer Warranties and Post-Sale Issues
12.1 A Manufacturer Warranty is provided by the relevant Manufacturer, not by Tank Shop, and is subject to the Manufacturer’s stated terms, conditions, exclusions and claim procedures. Tank Shop does not guarantee that a Manufacturer will accept a warranty claim or provide a particular outcome.
12.2 You are responsible for complying with applicable Manufacturer Requirements and warranty conditions, including requirements concerning approved use, base preparation, installation, operation, maintenance, evidence and inspection. Failure to comply may affect a Manufacturer Warranty.
12.3 If a problem arises with Goods sold by Tank Shop, Tank Shop will reasonably assist with the matter. This may include providing Order records, communicating with the Manufacturer or asking you to communicate or follow up directly with the Manufacturer where that may assist assessment or resolution. You must provide reasonable information, photographs, access, cooperation and follow-up requested for the assessment of the issue. Tank Shop may require reasonable evidence, inspection or assessment by the Manufacturer, Supplier or an appropriate technical specialist before determining or facilitating a response.
12.4 Tank Shop’s assistance does not make Tank Shop the provider of the Manufacturer Warranty and does not guarantee a resolution in your favour.
12.5 You must promptly notify Tank Shop of any visible delivery damage, shortages or incorrect Goods so that relevant evidence can be preserved and the matter investigated.
13. Promotions and Discounts
13.1 Tank Shop may offer promotions, coupon codes and other discounts from time to time. Additional eligibility conditions, exclusions, expiry dates or usage limits may apply.
13.2 Unless Tank Shop states otherwise, a promotional code must be applied when the Order is placed or approved and cannot be applied retrospectively without Tank Shop’s agreement. Promotions may be restricted from use with other offers or payment method discounts.
13.3 Tank Shop may withdraw or change a promotion for future Orders at any time.
PART C – WEBSITE AND ONLINE TERMS
14. Submissions, Reviews and Social Media
14.1 If you submit a review, public comment, social-media post, testimonial, photograph, video, feedback, suggestion, idea or other content to Tank Shop for publication, public display or promotional use (Submission), you retain ownership but grant Tank Shop a worldwide, royalty-free, perpetual, transferable and sublicensable licence to use, reproduce, adapt, publish, distribute and display it for operating and promoting Tank Shop and its products and services.
14.2 Plans, drawings, specifications, calculations, photographs, correspondence and other material provided privately for a quotation, Order, delivery, support or claim are not Submissions merely because they are provided to Tank Shop. You grant Tank Shop a non-exclusive permission to use, copy, retain and disclose that material only as reasonably necessary to quote, review, process, manufacture, supply, deliver, support, administer or keep records relating to the Order, to obtain professional or supplier assistance, or to comply with law. Separate permission is required before Tank Shop uses private Order material for unrelated marketing or promotional purposes.
14.3 You confirm that you have the rights necessary to provide the Submission and that it does not unlawfully infringe another person’s intellectual property, confidentiality, privacy or other rights.
14.4 Except for Personal Information handled under the Privacy Policy, public Submissions may be treated as non-confidential. Tank Shop is not obliged to publish or retain every Submission and may refuse, hide or remove a Submission for legitimate moderation, legal, operational or platform reasons. If Tank Shop edits a published review or testimonial, it will not materially alter its meaning.
14.5 You must not submit unlawful, defamatory, misleading, abusive, threatening, discriminatory, obscene, fraudulent, malicious, infringing or spam content, malicious code, or material that improperly discloses personal, payment, confidential, Supplier or Manufacturer information.
14.6 Content posted by users on third-party platforms does not necessarily reflect Tank Shop’s views and is also subject to the relevant platform’s terms.
14.7 Tank Shop may preserve or disclose information relating to a Submission where reasonably required by law or to investigate or respond to an alleged infringement of another person’s rights, subject to applicable privacy law.
15. Intellectual Property and Third-Party Services
15.1 The Website and its original text, graphics, photographs, logos, layout and other content are owned by or licensed to Tank Shop and protected by applicable intellectual-property laws.
15.2 You may use Website content for lawful personal or business purchasing purposes but must not reproduce, republish, distribute or commercially exploit Tank Shop content without permission, except as permitted under clause 15.5 or by law.
15.3 Product names, logos and trademarks belonging to Manufacturers, Suppliers and other third parties remain the property of their respective owners.
15.4 The Website may link to or use third-party websites and services, including payment, mapping, review, analytics, communications and freight services. Independent external sites are operated under their own content, availability, security, privacy practices and terms, and a link does not itself constitute endorsement; you access those independent sites at your own risk to the maximum extent permitted by law. Where Tank Shop selects a third-party provider to process payment or assist in fulfilling an Order, that provider may have its own applicable terms, but those terms do not remove any responsibility Tank Shop has expressly accepted under the Order or any obligation that cannot lawfully be excluded.
15.5 You may reproduce or share short excerpts of original written content from the Website, including on commercial websites, provided you clearly attribute Tank Shop as the source and include a visible hyperlink to the original page. Standard hyperlinks that search engines can follow are welcome. This permission does not extend to substantial reproduction of content, photographs, graphics, logos, downloadable documents or third-party material without permission.
15.6 Except as permitted under clause 15.5, for ordinary search-engine indexing or by law, you must not systematically extract, scrape, copy, mirror or reproduce Website content, product information, pricing or data using automated or other means without Tank Shop’s permission. You must not frame, impersonate or present the Website or its content in a manner that falsely suggests affiliation with or endorsement by Tank Shop.
16. Privacy, Communications and Cookies
16.1 Tank Shop handles Personal Information in accordance with its Privacy Policy published on the Website.
16.2 You consent to Tank Shop using and disclosing information reasonably necessary to quote, process, manufacture, supply, deliver, support and administer an Order, including disclosure to Manufacturers, Suppliers, Delivery Agents, Payment Processors and other service providers involved in fulfilment.
16.3 You consent to receiving Order, account, delivery and service communications electronically, including by email, SMS or another electronic channel used with Tank Shop. To the extent permitted by law, electronic communications may satisfy any requirement for a notice, approval, confirmation or other communication to be in writing. Marketing communications are subject to applicable law and the Privacy Policy.
16.4 Telephone calls and other communications with Tank Shop may be recorded or retained for quality assurance, staff training, Order accuracy, verification of instructions and authorisations, administration, record keeping, dispute resolution and protection of Tank Shop’s lawful interests, subject to applicable law and our Privacy Policy.
16.5 The Website may use cookies and similar technologies for functionality, security, preferences, analytics and related purposes. Further information is provided in the Privacy Policy and any cookie or consent settings made available on the Website.
17. Website Security and Access
17.1 The Website and its content are provided on an ‘as is’ and ‘as available’ basis. Website information may contain errors, omissions or inaccuracies and may not always be complete or current. Tank Shop does not warrant that the Website, emails, attachments, downloads, links or data will always be uninterrupted, error-free, secure or free from viruses, malicious code or other harmful components.
17.2 You are responsible for maintaining appropriate security on your own devices and systems, scanning files where appropriate, keeping backups and independently verifying unusual payment or bank-account instructions before acting on them.
17.3 Tank Shop may suspend, modify, remove or discontinue Website functions, content or access for maintenance, security, operational, legal or business reasons without notice where reasonable. Website availability is not guaranteed.
PART D – LIABILITY AND GENERAL
18. Liability
18.1 Nothing in these Terms excludes, restricts or modifies any right, guarantee, remedy or liability that cannot lawfully be excluded, restricted or modified. Any provision that would otherwise conflict with such a law is to operate only to the maximum extent permitted.
18.2 To the maximum extent permitted by law, Tank Shop is not responsible for loss, damage, cost or delay to the extent caused or contributed to by inaccurate, incomplete or late information supplied by you or on your behalf; your instruction, approval or direct dealing with a third party; failure to comply with Manufacturer Requirements; unsuitable site conditions or site preparation; installation or work by others; misuse, abnormal use or unauthorised modification; use outside Manufacturer-approved specifications; or another cause outside Tank Shop’s reasonable control.
18.3 To the maximum extent permitted by law, Tank Shop is not liable for loss arising from treating general product information, calculations, diagrams, plan comments or practical assistance as project-specific professional advice where Tank Shop has not expressly undertaken that professional role.
18.4 To the maximum extent permitted by law, Tank Shop is not liable for indirect, special or consequential loss or for loss of profit, revenue, business, opportunity, anticipated savings, rent, use, production, financing costs or project delay arising from or connected with an Order. Tank Shop is also not liable for labour, crane, plant, equipment-hire, contractor or similar costs booked or incurred in anticipation of a manufacture, despatch, delivery, installation or project date or time that is estimated or indicative rather than expressly stated by Tank Shop as a fixed contractual requirement.
18.5 Subject to clause 18.1 and to the maximum extent permitted by law, Tank Shop’s total aggregate liability arising out of or in connection with an Order, whether in contract, tort (including negligence), statute or otherwise, is limited to the amount paid or payable to Tank Shop for the particular Goods and Services directly affected by the event giving rise to the claim.
18.6 Where permitted by section 64A of the Australian Consumer Law or another applicable law, Tank Shop may, at its option, limit its liability for qualifying Goods to replacement, equivalent Goods, repair, or the cost of replacement/equivalent Goods/repair, and for qualifying Services to supplying the Services again or paying the cost of having them supplied again.
18.7 You must take reasonable steps to avoid or minimise loss after becoming aware of a problem. Tank Shop is not responsible for loss that could reasonably have been avoided or reduced, to the extent permitted by law.
18.8 To the maximum extent permitted by law, Tank Shop is not responsible for a separate representation, promise, service or arrangement made directly between you and a Manufacturer, Supplier, Delivery Agent, installer or other third party outside the accepted Order unless Tank Shop expressly adopts it in writing.
18.9 To the maximum extent permitted by law, you indemnify Tank Shop and its related entities, officers, employees and agents against third-party claims, loss or reasonable external costs to the extent caused by your unlawful use of the Website, your breach of the warranties you give concerning a Submission, or your instructions, acts or omissions where Tank Shop is not legally responsible for the underlying matter.
19. Governing Law and General Provisions
19.1 These Terms and contracts formed under them are governed by the laws of Queensland, Australia. You and Tank Shop submit to the non-exclusive jurisdiction of courts exercising jurisdiction in Queensland and courts hearing appeals from them, subject to any contrary right that cannot lawfully be excluded.
19.2 If an Order contains a specifically agreed written term inconsistent with these general Terms, the specifically agreed term prevails for that Order to the extent of the inconsistency.
19.3 Terms contained in a customer’s purchase order, portal, subcontract or other document do not apply merely because Tank Shop receives, acknowledges or fulfils that document. They apply only to the extent Tank Shop expressly accepts them in writing.
19.4 Except where these Terms or applicable law expressly provide otherwise, the contract for an Order is between Tank Shop and the Customer and no unrelated third party has a right to enforce it.
19.5 Tank Shop may subcontract manufacture, supply, delivery, administration or other fulfilment activities to Manufacturers, Suppliers, Delivery Agents and service providers. Subcontracting does not by itself release Tank Shop from any responsibility it retains under the accepted Order or applicable law. Tank Shop may assign rights under an Order, including a debt or receivable. Tank Shop will not transfer the whole contract in a manner that materially reduces your rights without your consent, except to the extent permitted by law. You may not assign your rights or obligations under an Order without Tank Shop’s consent, except where the law provides otherwise.
19.6 If a provision is invalid or unenforceable it is to be read down to the minimum extent necessary or, if that is not possible, severed. The remaining provisions continue to apply.
19.7 A failure or delay by Tank Shop to exercise a right does not waive that right. Headings and the plain-English summary are for convenience and do not limit the operative provisions.
19.8 These Terms, the Sales Order Confirmation, any document expressly incorporated into the accepted Order, and any subsequent instruction, authorisation, variation or agreement accepted by Tank Shop in accordance with these Terms together comprise the contractual terms applying to the Order.
20. Changes to These Terms
20.1 Tank Shop may update these Terms by publishing a revised version on the Website. Changes apply to future Website use and future Orders from the stated effective date.
20.2 An Order is governed by the version of these Terms and the Return and Refund Policy made available when you placed, approved or paid for the Order. A later version does not retrospectively alter that Order unless Tank Shop and the Customer expressly agree otherwise or applicable law requires otherwise.
21. Contact Details
21.1 For questions about these Terms, Orders, returns or delivery, contact Tank Shop:
Tank Shop – Webporter Pty Ltd as trustee for Brisbane Family Trust (ABN 32 058 768 827)
Phone: 1300 920 547
Email: contact@tankshop.com.au
Website: www.tankshop.com.au
21.2 For privacy matters, refer to the Tank Shop Privacy Policy published on the Website.
Last Updated: 9 October 2026

