Terms and Conditions

1       Terms and conditions to purchase goods

  • All Goods ordered from Clear Gas are purchased on the terms and conditions set out in this
  • We may accept your offer to enter into a contract with Us on the terms and conditions herein by accepting Your orders for Goods as set out

2         Orders 

  • We retain the right whether or not to accept any order for Goods You make in our absolute and unfettered
  • You agree to the price stated by Us at the time of ordering the
  • Goods may be ordered by email, phone or fax. Any quotation for Goods/and or Services is not an offer by us and maybe withdrawn or altered without
  • Orders cannot be modified or cancelled after acceptance by Us except with our prior written
  • We may accept Your order for Goods orally, in writing or by delivering the Goods to You in accordance with these terms.

3         Delivery 

  • Any delivery time we give You for the supply of Goods and/or Services is an estimate
  • You must accept and pay for the Goods and/or Services even if the delivery is
  • Deliveries of Goods and/or Services will be made to the address stipulated in Your Order.You must provide Us with access to Your premises for the purpose of supplying the Goods and/or providing the Services at such times as reasonably required by
  • You must indemnify Us against any loss or damage suffered by Us or as a result of Us becoming liable to any third party (directly or indirectly) as a result of our employees or agents entering the premises to delivery the Goods and/or providing the Services.

4         Returns 

  • Any return must first be approved by Us in writing, save an except for a return made in consequence of clause 35 in respect of the Competition and Consumer Act 2010 (Cth). Goods must be in original unmarked condition. No return will be accepted for used Goods. Relevant invoice number details must also be provided prior to the issue of any
  • Save and except a return made in consequence of clause 35 in respect of the Competition and Consumer Act 2010 (Cth) all Goods must be returned within 45 days.
  • The transport of Goods being returned is at Your expense.

5         Installation and repair of goods 

  • Unless itemized separately, quotes do not include installation of the
  • Goods returned by You to Us to repair must be accompanied by a full report listing the faults found and the work to be done.

6         Title and risk 

  • The risk in Goods passes to You when the contracting party engaged by Us or when You or Your nominated entity collects the Goods from
  • Title in the Goods does not pass to You until all amounts owing to Clear Gas have been paid by You to Us. You hold the Goods as bailee only and the Goods must be stored in a manner that plainly identifies that it is our property and protects our Security Interest under the PPSA.

7         Payment terms 

  • Non payment of accounts on time may result in the withdrawal of credit
  • Payment of all invoices is required prior to the end of the month following invoice date.
  • Clear Gas has the right to decline to extend credit to You, or to change or revoke Your credit in its absolute discretion for whatever reason and without providing reasons to
  • If Your account in is arrears or You breach any obligation under these Sale Terms, We may demand immediate payment of all outstanding
  • Clear Gas may claim any and all costs incurred by it in pursuing outstanding amounts owed by you to Clear Gas on an indemnity basis, including but not limited to disbursements and legal

8         PPSA 

  • You acknowledge that these terms create a Security Interest in the Secured Property and, for avoidance of doubt, the proceeds of sale of the Secured Property for the purposes of the
  • You consent to CLEAR GAS effecting a registration on the PPSR (in any manner that we consider appropriate) in relation to the Security Interest arising under or in connection with these terms and You agree to provide all assistance required by Us to facilitate
  • You acknowledge and agree that in relation to the part of the Secured Property that is inventory, You will not allow any Security Interest to arise in respect of that Secured Property unless we have perfected the Security Interest in the Secured Property prior to Your possession of the Secured Property.
  • If Chapter 4 of the PPSA applies to the enforcement of the Security Interest arising under or in connection with these terms, You agree:
  • to the extent that section 115(1) of the PPSA allows this, the following provisions of the PPSA will not apply to the enforcement of that Security Interest: section 95 to the extent that it requires Us to give a notice to You, section 96, section 121(4), section 125 (obligation to dispose of or retain collateral), section 130 to the extent that it requires the Secured Party to give notice to You, paragraph 132(3)(d), subsection 132(4), section
  • 142 and section 143 (reinstatement of security agreement); and
  • to the extent that section 115(7) of the PPSA allows this, the following provisions of the PPSA will not apply to the enforcement of that Security Interest: section 127, section 129(2) and (3), section 132, section 134(2), section 135, section 136(3), (4) and (5) and section
  • If You make payments to Us at any time whether in connection with these terms or otherwise, we may in our absolute discretion, apply that payment in any manner we see
  • You agree to immediately notify Us of any changes to Your name or
  • You agree to do anything that we request You to do (such as obtaining consents, signing and    producing documents, producing receipts and getting documents completed and signed):
  • to provide more effective security over the Secured Property;
  • to register in respect of a Security Interest constituted by these terms at any time; to enable Us to exercise our rights in connection with the Secured Property; and
  • to show Us whether You have complied with these
  • You shall pay on demand any losses arising from, any costs and expenses incurred in connection  with any action taken by Us under or in relation to the PPSA, including any registration, or any  response to an amendment, demand or a request under section 275 of the
  • Any notices or documents which are required or permitted to be given to Us for the purposes of   the PPSA must be given in accordance with the
  • You waive the right to receive any notice under the PPSA (including notice of a verification statement) unless the notice is required by the PPSA and cannot be excluded.

9         Warranties and guarantees

  •   Where Goods and/or Services are supplied to a “consumer” as defined under the Competition and Consumer  Act 2010 (Cth), the guarantees and warranties under the Competition and Consumer Act 2010 also apply to these Sale Terms.

10     Information provided to Clear Gas by the Creditor

  • The Creditor warrants that all information given to Clear Gas is true, accurate and correct in every  detail and that if credit is given by Us this will be done in reliance of upon the information supplied by the Creditor.
  • The Creditor must notify Us in writing within 7 days of any change affecting the legal entity, structure, ownership, shareholder or management control of the
  • Where Goods are supplied to You on credit, our employees and agents may make inquires of persons nominated as trade referees, Your bankers or any other credit providers (the Information Sources) in respect of Your credit worthiness and You authorise the Information Sources to disclosure such information to

11     Waiver 

  • Any waiver of any right under these terms is only valid if it is in writing and signed by Us.

12     Governing law and jurisdiction 

  • These terms are governed by the laws in force in the State of Victoria, Australia, save and except that they exclude the operation and effect of the United Nations Convention on the International Sale of Goods
  • Each party submits to the exclusive jurisdiction of Victoria.

13     Severability 

  • Any provision of these terms which is unenforceable or partly nenforceable is, where possible, to be severed to the extent necessary to make these terms enforceable, unless this would materially change the intended effect of these variations.

14     Variation 

  • We are entitled to vary these terms at anytime by giving You 7 days’ prior written notice.

15     Assignment 

  • You must not assign Your benefits or obligations under these terms without our prior written consent. We may assign our rights and responsibilities under these terms to any other person without prior notice to You.

16     Entire agreement 

  • These terms constitute the entire agreement between Clear Gas and You and supersedes all prior representations, contracts, statements and understandings, whether verbal or in writing.

17     Force majeure 

  • If by reason of any fact, circumstance, matter or thing beyond the reasonable control of Clear Gas, and it is unable to perform in whole or part any obligation under these Sale Terms, Clear Gas is relieved of that obligation under these Sale Terms to the extent and for the period that it is unable to perform and is not liable to the Creditor in respect of such inability.


Clear Gas, We and Us refers to Clear Gas Ltd (ACN 648 273 983).

Creditor, You and Your means the entity or person requiring the Goods upon these terms.

Goods means the goods we offer for sale.

PPSA means the Personal Property Securities Act 2009 (Cth).

PPSR means the Personal Property Securities Register established pursuant to the PPSA.

Sale Terms means this document.

Services means work we perform for you whether it be at our or your premises.

Secured Property means all Goods that are supplied to you by us (whether now or in the future).

Security Interest has the meaning given in section 12 of the PPSA.