Terms of service

Effective Date: 01/03/2025

These Conditions of Trade (the "Agreement") govern the terms and conditions under which Dangerous Goods Solutions Ltd. ("we", "our", or "us") provides products and services to you ("you" or "the Customer"). By placing an order with us, you agree to be bound by these terms and conditions.

Please read these Conditions of Trade carefully. If you do not agree with these terms, please do not place an order or engage in any business transactions with us.

1. Application of These Conditions

These Conditions of Trade apply to all sales of goods and services by Dangerous Goods Solutions Ltd. to any Customer in Australia unless otherwise agreed in writing. This Agreement is subject to Australian law, including the Australian Consumer Law (ACL) contained in the Competition and Consumer Act 2010 (Cth).

2. Price and Payment

• Prices: All prices are quoted in Australian Dollars (AUD) and are exclusive of GST (Goods and Services Tax) unless stated otherwise.

• Payment Terms: Payment for goods and services must be made in full prior to delivery unless an approved credit agreement is in place. We offer payment terms of 7, 14, or 30 days depending on the agreement. Accepted payment methods include bank transfer and credit card.

• Late Payment: If payment is not received by the due date, we reserve the right to charge interest on the overdue amount at a rate of 2% per month.

3. Orders and Acceptance

• Order Confirmation: Your order will be deemed accepted once we confirm receipt and process it for shipment. A confirmation email or receipt may be provided as part of this process.

• Changes to Orders: Orders may be changed or cancelled in writing within 24 hours for product orders and within 24 hours for consultations. Once processed, no changes or cancellations can be made without prior written consent.

4. Delivery and Shipping

• Delivery: Delivery times are estimates and are not guaranteed. We use New Zealand Post for international shipping with tracked delivery to Australia. We are not responsible for delays beyond our control, including third-party carrier delays or unforeseen events.

• Shipping Costs: The customer is responsible for all shipping costs. These costs are determined at the time of order and added to the total order amount.

5. Australian Consumer Law (ACL)

In accordance with the Australian Consumer Law, we guarantee that our goods will:

• Be of acceptable quality (i.e., free from defects, safe, durable, and fit for purpose).

• Match the description provided, whether in advertising or in writing.

• Be fit for the purpose for which they are commonly used.

If a product fails to meet these guarantees, you are entitled to a remedy, which may include a repair, replacement, or refund.

6. Fair Trading

We comply with the Australian Consumer Law and applicable state and territory fair trading laws, ensuring that we do not engage in misleading or deceptive conduct or make false representations about our products or services. If you believe any product or service we provide does not meet these standards, please contact us immediately.

7. Returns and Refunds

• Faulty or Damaged Goods: If you receive goods that are faulty, damaged, or not as described, you are entitled to a remedy under the Australian Consumer Law. Please provide evidence and contact us within 7 days of receiving the goods to arrange a return or replacement.

• Change of Mind: We do not accept returns for change-of-mind purchases. Please ensure you are happy with your selection before completing your order.

• Return Process: If applicable, returns must be made in the original packaging and in a resalable condition. We will guide you through the return process upon receipt of your request.

8. Risk and Title

• Risk: Risk in the goods passes to you upon delivery. You are responsible for the goods once they are in your possession.

• Title: Ownership of the goods remains with Dangerous Goods Solutions Ltd. until full payment has been received. If payment is not made as agreed, we reserve the right to reclaim the goods.

9. Warranties and Liability

• Warranties: We provide warranties only as required by Australian law.

• Liability: To the fullest extent permitted by law, our liability is limited to the repair, replacement, or refund of faulty or defective goods. We are not liable for indirect or consequential losses arising from the use of our products.

• Consultation Services: While we strive to provide accurate and up-to-date advice, we are not liable for any indirect, consequential, or financial losses resulting from the application of our consultancy services. Any liability is limited to the amount paid for the consultation.

• Subcontracting and Hazardous Goods Disposal: Where we subcontract disposal or other hazardous goods services, we act as an intermediary and are not liable for the actions of third-party providers. The customer acknowledges that responsibility for proper disposal remains with the subcontractor. Clients must ensure that all hazardous materials provided for disposal comply with relevant regulations.

• Compliance and Regulatory Responsibility: Dangerous Goods Solutions Ltd. will provide services based on applicable laws and regulations at the time of service. However, customers are ultimately responsible for ensuring their own compliance with all applicable regulations.

10. Privacy and Data Protection

We are committed to protecting your personal information. Any personal information you provide to us will be collected, stored, and used in accordance with our Privacy Policy and Australia’s Privacy Act 1988 (Cth). For more details, please refer to our Privacy Policy on our website.

11. Intellectual Property

All intellectual property rights in this website, including but not limited to text, images, documents, designs, layouts, graphics, branding, and downloadable materials, are owned by or licensed to Dangerous Goods Solutions Ltd (trading in Australia as DG Solutions AU), unless otherwise stated.

The “DG SOLUTIONS” word mark and the DG Solutions logo are registered and protected trademarks of Dangerous Goods Solutions Ltd in Australia and New Zealand.

No license or right to use these trademarks or any other intellectual property of Dangerous Goods Solutions Ltd is granted or implied. The trademarks, branding, and website content must not be copied, reproduced, modified, republished, distributed, displayed, transmitted, or used in any form without prior written consent, except where expressly permitted by law.

Unauthorised use of the DG SOLUTIONS name, logo, or branding including use in business names, domain names, advertising, search engine marketing, social media, or website content may constitute trademark infringement, passing off, or misleading and deceptive conduct, and will be actively monitored and enforced.

12. Force Majeure

Neither party will be liable for any delay or failure to perform obligations under this Agreement due to causes beyond their reasonable control, including but not limited to acts of God, natural disasters, industrial action, war, or government restrictions.

13. Dispute Resolution

If a dispute arises, both parties agree to attempt resolution through mediation before seeking legal action. If unresolved, the matter will be handled in accordance with Australian law.

14. Governing Law

This Agreement is governed by and construed in accordance with the laws of Australia. The courts of Australia will have exclusive jurisdiction over any disputes arising under this Agreement.

15. Changes to These Conditions

We reserve the right to amend these Conditions of Trade from time to time. Any changes will be posted on our website, and the updated terms will apply to all orders placed after the effective date of the amendment.

16. Rates and Confidentiality

All rates are quoted in Australian Dollars (AUD) and are exclusive of GST, unless otherwise stated. The pricing and service information provided by Dangerous Goods Solutions Ltd is considered confidential and is intended solely for the recipient. This information may not be shared, distributed, or reproduced without prior written consent.

Rates are subject to change and will be reviewed annually to ensure they remain fair, competitive, and reflective of service value and market conditions.

17. Contact Us

If you have any questions or concerns regarding these Conditions of Trade, please contact us:
Email: accounts@dgsolutions.au