Terms and Conditions

All sales between Tooz Company Pty Ltd trading as Chlorine Discounters, ABN: 58 163 680 981, referred to as “we” and the Customer referred to as “you”, are made subject to the following terms & conditions: 

1. Accounts:                                                                                               

a) Orders will not be processed if your account is overdue by 30 days or more. If your          

account is overdue we will at our discretion; i) place you on trade stop ii) ask you to pay on a

COD basis until the overdue amount has been paid in full. iii) Charge interest on the amount

outstanding past 30 days. The current rate of interest is 2% per month until full payment has

been received.   

b) We reserve the right to change the price charged to you for chemicals and equipment

without notice. Invoice prices are therefore those in effect at the time of shipment.         

c) We reserve the right to limit quantities and/or allocate the supply of goods to our Customers    

d) All new accounts are subject to a 3 month period of C.O.D. After this period has passed,

subject to approval, all trading terms are strictly 30 days net.  

e) We may allocate payments from you against invoices issued to you as we see fit. We may at our discretion credit those payments (including credits given for drum purchases) against

such invoices as we decide.

f) For trade customers no minimum amount is required for invoicing purposes, however a freight charge of $50.00 may be added to the Invoice for orders under $300 (excluding the cost of drums). 

2. Drum Purchases:                                                                          

a) When you purchase liquid chlorine or acid from us you will need to purchase a reusable drum to transport the liquid chemical from our factory to you. We sell our reusable drums to you for $10 per drum plus GST. The money paid by you for each drum is to purchase the drum outright. It is not a deposit, it is a taxable supply as defined by the Australian Taxation Office. When you pay the $10 for each reusable drum (or $25 for a 200 litre drum) plus GST you then own the drum. 

b) At our sole discretion we may choose to purchase reusable drum from you. The purchase price is currently $10 plus GST for 15, 20, 25 litre drums or $25 plus GST for a 200 litre drum. 

c) For us to consider purchasing your drum from you the following conditions must be met; 

i) Drums are sold to you only to facilitate the transport of liquid chemicals. Therefore, we will not purchase drums from you if you have not purchased any liquid product on the invoice currently being delivered. i.e. We will not buy back any drums if you have only purchased dry chemicals.

ii) We will only purchase the same number of drums (or less) from you as number of drums you purchased from us on the invoice currently being delivered. i.e. equal exchange. If you need to sell us more drums than we sold you on your last invoice, you must first advise us of the number of drums you wish to sell. We will then inform you of how many extra drums we are prepared to purchase

iii) Drums are not a form of alternate currency. Customers are therefore not allowed to pay the outstanding balance of their invoices via drum sales to us; or, reduce the value of the purchases made from us by selling drums to us.

iv) We will only purchase 15, 20, 25 and 200 litre light blue chlorine drums and 15 litre black acid drums. We will purchase no other colour or size of drum. 

v) All drums must have” Dangerous Goods Approved” stamped into the plastic body.

vi) Drums must be less than 5 years old from the date of manufacture stamped in         

their base. 

vii) All Drums must have an approved lid (vented for chlorine), (non-vented for acid).

viii) Drums cannot have been used to store any other materials such as (but not limited to) cooking fats, sump oil, petrol, turpentine, methylated spirits etc.

ix) Drums must be in sound condition with no holes, or cracks. Drums will not be purchased if they have paint, oil, grease or manure on them, or if they are in a filthy condition.

x) Drums with spigot taps in their base or drums with bungs will not be purchased.

xi) Where you offer drums to us for purchase, or drums are shipped to us for         

potential purchase and are later found (upon inspection) to not comply with one or more of the above conditions, the price we pay you for the drums will be reduced (by the number of drums that fail the above criteria multiplied by the purchase price of the drum (either $10 or $25 plus GST). The purchase price of the drums is given to you by means of a credit against your account. In this case we reserve the right to reduce your credit without notifying you or gaining your approval. It is your responsibility to offer only drums that comply with the above criteria to us for purchase.

3. Retention of Title:                                                                                 

a) All goods sold to you by Chlorine Discounters remain the property of Chlorine Discounters

until your full payment for the goods has been received. 

b) If payment for the goods has not been received by 30 days, we may enter any premises

where the goods are stored, or where we reasonably think the goods may be stored and

repossess them. This permission is irrevocable. You agree that any of our Director’s,            

employees or agents so entering the premises on our behalf, are not trespassing. You will

indemnify us and hold our Director’s, employees and agents, harmless from all liability         

incurred in relation to the exercise of these powers. This clause does not limit any rights that

we may have to commence proceedings against you to recover payment for the goods. 

4. GST:                                                                                                          

Goods and services tax (GST) is payable by you on any taxable supply made by us. This includes both the supply and delivery of the goods. The current rate of GST is 10%. 

5. Force Majeure:                                                                                                      

We will not be responsible for any delay or inability to perform due to circumstances beyond our reasonable control. This includes (without limitation) to war, riot, civil disturbance, internal or external strikes, lockouts, other forms of industrial action, fire, flood, pandemics, or government orders or restrictions.  

6. Freight:                                                                                                     

For trade customers, freight is free into store in most metropolitan areas providing a minimum invoice value of $300 (exclusive of drums) is achieved unless otherwise agreed.

Trade customers living outside the immediate Sydney Metropolitan Area will be charged a delivery fee of $50.00 per delivery.

Regional and rural customers are responsible for paying their own freight from their nominated Transport Company’s Sydney Base to their location. We will deliver however, freight free to the Regional or Rural Customer's nominated Transport Company providing the Transport Company’s base is within the Sydney Metropolitan Area. We will accept no liability for goods lost or damaged in transit when using any carriers other than our own Vehicle fleet.   

7. Liability and Risk:                                                                                   

a) To the full extent permitted by law, we exclude all implied conditions or warranties in relation to the supply of the goods. Our liability is limited, at our discretion to the replacement of the goods, or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods, or the cost of acquiring equivalent goods or the payment of the cost of having the goods repaired.

b) In no event will we be liable for any direct, consequential or economic loss or damage arising under or in connection with the supply of the goods.

c) Legally, we are required to sell Liquid Chlorine in drums with vented caps. Whilst we

make every effort to ensure that the cap is not leaking at the time of delivering the product, the seal on the vented caps can fail at any time. We strongly recommend you bag all drums before placing them in a customer’s vehicle. We can provide bags for this purpose (if required). As we cannot control how drums are stored or handled at your premises, after we have delivered them, we cannot accept responsibility for damage done by liquid chlorine leaking from drums in your customer’s vehicle.

d) Risk in the goods passes from us to you upon either us delivering the goods to you, or to your nominated carrier, which ever event occurs first.

8. Orders:                                                                                                     

a) Orders for chemicals and equipment may be made by telephone 02) 9645 4433, email or via a sales representative. Email is our preferred method of ordering as it helps to avoid confusion.

Our email address is: info@chlorinediscounters.com.au  

b) Order cut off time is 12 noon on the day prior delivery. We deliver to certain geographical areas of Sydney on set days each week. All orders will therefore be processed and delivered on the next day that we are delivering to the geographical area in which the Customer is located.

c) We do not sell off our trucks. All goods carried on a particular vehicle have been ordered by our customers.                                                                                                                                                                                    

9. Product Returns:                                                                                                    

a) All claims for damaged or faulty goods must be made in writing within 72 hours of the goods being delivered. 

b) Product returns will only be accepted by prior arrangement with our office. Damaged

goods will not be entitled to a credit, unless otherwise agreed by us. 

c) Product returns to our factory will be at your cost and risk.

d) Any good that has been authorised for return will attract a 15% restocking unless otherwise negotiated.

10. Waiver of Terms & Conditions:                                                                      

If we decide to waive a breach of these terms & conditions, or release you from an obligation under these terms & conditions, the waiver does not amount to a waiver of any other breaches or a release from any other obligations set out here in. We will only waive a breach or release from an obligation in writing. No delay or failure by us in exercising any rights, privileges or options under the terms & conditions or otherwise at law will operate as a waiver of that or any other right, privilege or option.