Terms & Conditions

1. Definitions

“Company” means HydroCon Australasia Pty Ltd (ACN 164 572 945).

“Customer” means the purchaser of Goods.

“Goods” means all products or services supplied by HydroCon.

“Terms” means these Terms and Conditions of Sale.

2. Application

2.1 These Terms apply to all sales and prevail over any terms of the Customer.

2.2 Any variation must be agreed in writing by HydroCon.

2.3 Acceptance of a quotation, placement of an order, or receipt of Goods constitutes acceptance of these Terms.  

3. Quotations & Orders

3.1 Quotations are valid for the period stated (or 30 days if unspecified).

3.2 Prices may change prior to order acceptance due to input cost changes.  

3.3 Orders cannot be cancelled without HydroCon’s written consent and may incur costs.  

4. Pricing & Payment

4.1 All prices are exclusive of GST.

4.2 Payment terms are as stated on the invoice or otherwise on receipt of invoice and prior to uploading of Goods from HydroCon unless agreed or stated otherwise.

4.3 Payments may be made via EFT or approved credit card. A surcharge may apply.

4.4 HydroCon reserves the right to apply reasonable surcharges or adjust pricing to reflect increases in costs incurred after the date of quotation or order, including but not limited to fuel levies, freight charges, raw material costs, labour, or other supply chain costs.

Such surcharges may be applied on an ad-hoc basis where applicable and will be notified to the Customer as soon as reasonably practicable.

5. Delivery & Site Conditions

5.1 Delivery times are estimates only.

5.2 HydroCon is not liable for delays beyond its control.  

5.3 Delivery is to roadside unless otherwise agreed.

5.4 The Customer must provide safe and suitable access for delivery vehicles.

5.5 The Customer indemnifies HydroCon against:

• Damage to property
• Injury to persons
• Costs arising from unsafe or unsuitable site conditions

5.6 Additional charges may apply for:

• Waiting time
• Re-delivery
• Minimum loads

6. Risk & Delivery Acceptance

6.1 The Customer will become responsible for loss of or damage to the goods immediately upon delivery to the nominated site or when Goods are made available for unloading.

6.2 Delivery is confirmed by:

• Signed delivery docket; or
• Driver confirmation where no signature is obtained

6.3 If the Customer is not present, Goods may be unloaded and risk transfers at that time.

6.4 If the Customer is unable or unwilling to accept delivery of the Goods at the agreed time and location, HydroCon may, at its discretion, arrange for the Goods to be returned to a depot or held in storage.

In such circumstances, the Customer is responsible for all additional costs incurred by HydroCon, including but not limited to transport, handling, storage, and redelivery charges.

Any redelivery of the Goods will be treated as a new delivery and charged accordingly.

HydroCon is not liable for any loss, damage, or deterioration of the Goods arising from the Customer’s failure to accept delivery.

6.5 Where the Customer requests a delay, deferral, or change to delivery after dispatch of the Goods from HydroCon’s manufacturing site, HydroCon may arrange for the Goods to be held at a depot or storage facility pending further delivery instructions.

The Customer is responsible for all costs arising from such delay or redirection, including but not limited to transport diversion, handling, storage, holding charges, and subsequent redelivery fees imposed by the transport operator or otherwise incurred by HydroCon.

HydroCon is not liable for any loss, damage, or deterioration of the Goods resulting from such delay.

7. Title (Retention of Ownership)

7.1 Ownership of Goods remains with HydroCon until full payment is received.  

7.2 Until payment:

• Goods must be stored separately and identifiable
• The Customer holds Goods as fiduciary agent

7.3 HydroCon may enter premises to recover unpaid Goods.  

8. Product Specifications & Variations

8.1 Goods are supplied in accordance with HydroCon specifications and are subject to manufacturing tolerances defined by applicable standards, including AS/NZS 4455.1.  

8.2 The Customer acknowledges:

• Variations in colour, texture, product size, and finish may occur
• Efflorescence is a natural occurrence in the Goods
• Such variations do not constitute defects

8.3 Product performance depends on installation, site conditions, subgrade, and maintenance.  

8.4 The Customer is responsible for ensuring Goods are suitable for intended use.

9. Installation

9.1 HydroCon is not responsible for installation unless separately contracted.  

9.2 The Customer:

• Must follow accepted installation practices
• Indemnifies HydroCon against any liability HydroCon may incur as a result of improper installation including the failure of the Customer to follow generally accepted good practice, or due to a lack of ability, expertise, or skill with the particular type of goods being installed.

9.3 HydroCon is not liable for:

• Improper installation
• Site conditions
• Incorrect use

9.4 Improper installation voids any warranty.

10. Inspection & Claims

 10.1 The Customer must inspect Goods immediately upon delivery.

10.2 Claims must be made within:  

• 48 hours for delivery issues
• 14 days for defects

10.3 Failure to notify within this period constitutes acceptance.

10.4 No claims will be accepted after this period or after Goods are installed, whichever occurs first.

11. Returns 

11.1 Products are generally non-returnable.

11.2 Returns require prior approval by HydroCon.

11.2 Where a return is approved by HydroCon the Goods must be:

• Clean
• Saleable
• Undamaged

11.3 A restocking fee of 30% of the original invoiced product price plus GST applies.

11.4 The Customer will pay all delivery costs for the Goods to be returned to HydroCon’s chosen delivery destination.

11.5 Custom or made-to-order products are non-returnable.  

11.6 Pallets supplied with the products are non-returnable.

12. Warranty 

12.1 HydroCon warrants Goods to be free from material defects for 12 months from delivery.

12.2 This warranty excludes:

• Normal wear and tear
• Colour variation and efflorescence
• Improper installation or handling
• Site or subgrade conditions
• Inappropriate loading
• Local site activities
• Contaminations or post-delivery discolourations

12.3 HydroCon will replace defective products where a manufacturing defect is demonstrated.

12.4 HydroCon is not responsible for damage:

• After delivery
• During handling or installation
• Due to site-specific conditions

12.5 To the extent permitted by law:

• All other warranties are excluded.
• Liability is limited to replacement or refund of Goods.

13. Limitation of Liability 

13.1 HydroCon’s liability is limited (at its option) to:  

• Replacement
• Repair
• Refund

13.2 HydroCon is not liable for:

• Consequential loss, including by not limited to delivery delays
• Loss of profits
• Project delays
• Removal or installation costs

13.3 HydroCon’s total liability is limited to the value of Goods supplied.  

13.4 This clause is subject to Australian Consumer Law.

 

14. Default & Suspension

14.1 If the Customer fails to pay or is insolvent, HydroCon may:

• Suspend supply
• Cancel orders
• Demand immediate payment

14.2 HydroCon is not liable for any resulting loss.

 

15. Force Majeure

15.1 HydroCon is not liable for failure to perform due to events beyond reasonable control, including supply shortages, transport delays, weather, or industrial action.

HydroCon may suspend or terminate supply in such circumstances.

16. Intellectual Property 

16.1 All designs, specifications, and technical information remain the property of HydroCon and must not be used or reproduced without consent.

17. Governing Law

17.1 These Terms are governed by the laws of New South Wales, Australia.

 

18. Miscellaneous

18.1 In the event that it is held that one or more of these terms are not enforceable, the remaining terms shall apply.

18.2 Amendments must be in writing and signed by HydroCon.