Terms and Conditions of Sale

Bulk Lubricants Australia · Version 1.0, effective 24 October 2026

These Terms apply when you buy lubricants and related products from us. They are written in plain English. Part A applies to every customer. Part B applies only to Business Customers. Part C applies only to Consumers, and is where you'll find your rights under the Australian Consumer Law.

Important for consumers: Nothing in these Terms limits your rights under the Australian Consumer Law. See Part C.

Part A: Terms for all customers

1. About us and these Terms

1.1 Who we are. "We", "us" and "our" means Bulk Lubricants Australia, ABN 80 604 237 434, an authorised distributor of TotalEnergies lubricants based in Perth, Western Australia. Contact: quotes@bulklubricants.com.au · +61 459 798 569. Postal address for legal notices only: 24 Augusta Street, Willetton WA 6155 (not for returns, warranty or consumer guarantee claims, which are made by email or through our customer portal; see clause 14).

1.2 Legal entity. Bulk Lubricants Australia is a trading name of Black Swan Farms Pty Ltd ACN 604 237 434 ABN 80 604 237 434. That company is the party you contract with.

1.3 Where these Terms apply. These Terms apply to every quote we give and every order we accept, however it is placed: through our website or online checkout, our customer portal, a quote or sales order we send you from our business system, or by email or phone.

1.4 Order of priority. If documents conflict, this order applies (highest first): (a) anything we specifically agree in writing for your order, such as special terms on an accepted quote; (b) for account customers, your signed Credit Account Agreement; (c) these Terms; (d) other information on our website.

1.5 Your own terms don't apply. Terms printed on or referred to in your purchase order or other documents don't form part of our contract unless we agree to them in writing, signed by an authorised person.

1.6 Business Customer or Consumer. You are a Consumer if you are a "consumer" under section 3 of the Australian Consumer Law (ACL). In broad terms, that's where the goods cost $100,000 or less, or are of a kind ordinarily bought for personal, domestic or household use, and you are not buying them to resupply, or to use up or transform in production, manufacturing or repairing or treating other goods or fixtures. A business can be a Consumer. Otherwise you are a Business Customer. If you are both, the terms that give you greater protection apply.

2. Definitions

ACL means the Australian Consumer Law, Schedule 2 to the Competition and Consumer Act 2010 (Cth), as it applies as a law of Western Australia through the Fair Trading Act 2010 (WA).

Goods means the products we supply to you, including their packaging unless clause 15 says otherwise.

Order means your request to buy Goods, by any method in clause 1.3.

Delivery Address means the address you nominate for delivery and we accept.

Pickup Location means the TotalEnergies Perth warehouse, 22 Wildfire Road, Maddington WA 6109, or another location we tell you.

Business Day means a day other than a Saturday, Sunday or public holiday in Perth, Western Australia.

SDS means safety data sheet. TDS means technical data sheet.

Credit Account Agreement has the meaning in clause 6.3.

Non-Excludable Rights means rights and remedies under the ACL or other law that cannot lawfully be excluded, restricted or modified, including the consumer guarantees in Part 3-2 Division 1 of the ACL.

3. Quotes

3.1 A quote is an estimate for acceptance, not a guarantee of supply. We'll do our best to respond to quote requests promptly, but we don't promise any turnaround time.

3.2 Validity. Unless the quote says otherwise, a quote is valid for 30 days from its date, or until stock runs out, whichever is earlier. We'll tell you if quoted stock becomes unavailable before you accept.

3.3 What a quote includes. A quote states the product, pack size, quantity, price, whether GST is included, and freight (or "pickup"). Anything not stated (for example, special delivery requirements you tell us about later) may change the price. If so, we'll give you a revised quote before going ahead.

3.4 Errors. If a quote has an obvious error (for example, a decimal-point error or the wrong pack size), we may correct it before you accept, or, if you have already accepted, tell you promptly. You can then accept the corrected price or cancel for a full refund of anything you've paid.

3.5 Withdrawing a quote. We may withdraw a quote by telling you before you accept it.

4. Prices and GST

4.1 Business quotes are shown excluding GST unless stated otherwise. GST is added at the rate that applies at the time of supply.

4.2 Online checkout prices for consumers include GST and show a single total price, including freight once your delivery address is entered.

4.3 Price fixed when we accept your Order. Once we accept your Order, the price won't change, except that:

(a) if you change the Order (product, quantity, delivery address, or timing at your request), we may re-price the change and will tell you first; and

(b) if a new tax, duty or government levy, or a change in rate, applies to the Goods between acceptance and delivery, we may pass on that amount. We'll tell you before delivery, and you may cancel the undelivered part of the Order for a full refund of amounts paid for it.

4.4 Price list changes. We may change our prices for future quotes and Orders at any time. For account customers with agreed pricing, we'll give at least 30 days' written notice of a general price increase.

4.5 No card surcharges. We don't add a surcharge for paying by card.

4.6 Tax invoices. We'll issue a tax invoice for each supply as required by GST law.

5. Orders and acceptance

5.1 Your Order is an offer. When you place an Order (including by accepting our quote), you offer to buy the Goods on these Terms.

5.2 When a contract is formed. A contract is formed when we accept your Order, which happens at the first of these:

(a) we send you an order confirmation (for example, a sales order confirmation from our system, or an email);

(b) for online checkout, when we send our order confirmation email after payment is authorised. An automated "order received" message isn't acceptance; or

(c) we dispatch the Goods or make them available for pickup.

5.3 Accepting a quote. You can accept a quote by signing or confirming it in our customer portal, replying in writing, or paying for it. Accepting a quote is an Order, which we then confirm under clause 5.2.

5.4 We may decline an Order. We may decline an Order before acceptance, for example if stock isn't available, we can't deliver to your area, we can't lawfully send the Goods by the carrier available (for example, dangerous goods restrictions), or we can't verify payment. If we decline, we'll refund anything you've paid in full.

5.5 Agreeing to these Terms. You agree to these Terms when you tick the acceptance box on our website, sign or accept a quote or sales order that refers to these Terms, or place an Order after these Terms have been made available to you.

5.6 Minimum orders. We may set a minimum order value or quantity for delivery. If we do, it will be shown on the website or on your quote.

5.7 Accuracy of your details. You must give us accurate Order, delivery and contact details. If wrong details cause extra freight or redelivery costs, we may charge you the reasonable extra cost, after telling you.

6. Payment

6.1 Payment before dispatch. Unless you have an approved credit account with us, you must pay the full price (including GST and freight) before we dispatch the Goods or release them for pickup.

6.2 How to pay. Online orders are paid by card through our payment provider, Stripe. We don't see or store your full card details. Other orders may be paid by electronic funds transfer to the account shown on our invoice, or by card through a secure payment link. We will never change our bank details by email alone. If you receive a request to pay into different bank details, call us on +61 459 798 569 to confirm before paying.

6.3 Approved credit accounts. Credit is available only to Business Customers whose credit application we have approved and who have signed our credit account agreement (the Credit Account Agreement). If you have an approved credit account, the payment terms, credit limit and any interest rate set out in your Credit Account Agreement apply instead of clause 6.1. If your account is suspended or closed, or an order would exceed your credit limit, clause 6.1 applies to that order unless we agree otherwise in writing.

6.4 Disputed invoices. If you think an invoice is wrong, tell us in writing before the due date, explaining why. Pay the undisputed part by the due date. We'll work with you in good faith to resolve the disputed part promptly.

6.5 Late payment. If you don't pay an amount by its due date, we may (after giving you at least 7 days' written notice for any of (b)–(c)):

(a) if your Credit Account Agreement sets an interest rate, charge interest on the overdue amount at that rate, from the due date until paid, calculated daily. We don't charge interest unless your Credit Account Agreement provides for it;

(b) suspend further deliveries until the overdue amount is paid; and

(c) recover our reasonable costs of collecting the overdue amount, including reasonable debt collection agency and legal costs.

6.6 Set-off. Business Customers must pay without set-off or deduction, except for amounts we agree in writing are owed, or as a court or tribunal orders.

7. Delivery and pickup

7.1 Delivery. We deliver Australia-wide through carriers we choose, and may book shipments through our shipping platform (Starshipit) and its partner carriers. We'll give you an estimated dispatch or delivery timeframe. Delivery times are estimates only, because they depend on stock, carriers and access. We'll let you know promptly if we expect a significant delay.

7.2 Delivery areas. We deliver to all Australian states and territories, except some remote areas and islands. Some products, especially dangerous goods, may not be available to all areas or by all carriers. We'll tell you before you're bound if we can't deliver to your address.

7.3 Freight charges. Freight is shown on your quote or at checkout. If you're a Business Customer and the quote says "freight to be confirmed", we'll confirm the freight cost before dispatch, and you may cancel if you don't accept it.

7.4 Site access and unloading (Business Customers). You must give safe, lawful access to the Delivery Address during business hours, suitable unloading facilities (for example, a forklift for drums and IBCs) and someone to receive the Goods, unless agreed otherwise. If the carrier can't deliver because of lack of access or no one being present, we may charge the reasonable cost of redelivery or return, after telling you.

7.5 Authority to leave. If you ask us or the carrier to leave Goods unattended, the Goods are delivered when left as instructed. We don't recommend authority to leave for dangerous goods, drums or IBCs.

7.6 Pickup. If you choose pickup, we'll tell you when the Goods are ready. Pickup is from the Pickup Location, Monday to Friday, 8am–3pm (excluding public holidays), unless we agree otherwise. You (or your carrier) must:

(a) bring your order number and photo ID;

(b) comply with the site's safety rules and any reasonable directions from warehouse staff, which may include PPE and induction requirements; and

(c) bring a vehicle suitable for the Goods and restrain the load lawfully. Warehouse staff may refuse to load a vehicle that isn't suitable or safe.

7.7 Uncollected Goods. If you don't collect paid Goods within 10 Business Days of being told they're ready, we'll contact you. If they're still not collected 20 Business Days after that notice, we may charge reasonable storage costs or, after giving you a further 10 Business Days' written notice, cancel the Order and refund the price less reasonable storage and handling costs.

7.8 Instalments. We may deliver an Order in parts and invoice each part (account customers). If we split an online consumer order, we won't charge you extra freight for it.

8. Risk

8.1 Risk of loss of or damage to the Goods passes to you:

(a) for delivery, when the Goods are delivered to the Delivery Address (or left as instructed under clause 7.5);

(b) for pickup, when the Goods are loaded onto your (or your carrier's) vehicle; or

(c) if you arrange your own carrier, when the Goods are handed to that carrier.

8.2 For Business Customers, clause B6 (retention of title) applies even after risk passes.

9. Dangerous goods, SDS and safe handling

9.1 SDS. An SDS for each product is available on its product page (linking to TotalEnergies' documents) or from us on request. We'll provide the current SDS on first supply and on request, as required by work health and safety laws.

9.2 Your responsibilities. You must read and follow the SDS, product label and TDS, and make sure anyone who handles, stores, uses or disposes of the Goods (including your workers and anyone you resell to) gets the relevant safety and handling information.

9.3 Dangerous goods transport. Some Goods may be dangerous goods or combustible liquids. We'll only send them by carriers and methods that can lawfully carry them, in line with the Australian Code for the Transport of Dangerous Goods by Road & Rail and the Dangerous Goods Safety Act 2004 (WA) and its regulations. This may limit delivery areas, carriers or methods, and may increase freight cost or time. We'll tell you before you're bound if this affects your Order.

9.4 Your carrier. If you arrange your own carrier, you're responsible for making sure it is licensed and able to carry the Goods lawfully.

9.5 Environmental compliance. You must store, use and dispose of the Goods, used oil and empty packaging in line with applicable environmental and WHS laws.

10. Storage and shelf life

10.1 Store the Goods as described on the TDS, SDS and label (for example, under cover, sealed, away from water ingress, extreme temperatures and direct sunlight, and on a level surface for drums). Use stock on a first-in, first-out basis.

10.2 Performance may be affected if Goods are stored incorrectly, contaminated after delivery, mixed with other products, or used beyond the shelf life indicated by the manufacturer. This doesn't limit your Non-Excludable Rights. Whether a problem was caused by storage or handling after delivery will be assessed fairly on the facts (see clause 14).

11. Product information, suitability and technical advice

11.1 Manufacturer information. Product descriptions, specifications, OEM approvals, TDS and SDS on our website come from TotalEnergies. We take reasonable care to reproduce them accurately, but TotalEnergies may update them. Before you use a product, check the current TDS and SDS, and your equipment manufacturer's (OEM's) requirements.

11.2 OEM approvals. OEM approvals and industry specifications belong to TotalEnergies and the relevant OEM, not to us. Approvals can change or lapse. If an OEM approval or specification is important to you, tell us when you order and we'll confirm it against the current TotalEnergies documentation.

11.3 Lube Guide and recommendation tools. The Lube Guide uses TotalEnergies' LubAdvisor tool and gives general recommendations based on the information entered. It's a guide only. Check its results against your OEM manual.

11.4 Technical support. If you ask us for technical help, we may pass your question to TotalEnergies' technical team. Any specific advice we give you in writing about the suitability of a product for a purpose you tell us about will be given with due care and skill.

11.5 Your responsibility. Business Customers are responsible for choosing products suitable for their equipment and operating conditions, relying on their own judgment and their OEM's requirements, except where we have given specific written advice under clause 11.4.

11.6 Consumer rights preserved. If you're a Consumer and you tell us (expressly or by implication) the purpose you want the Goods for, the guarantee of fitness for a disclosed purpose in ACL s55 applies. Nothing in this clause 11 limits it.

12. Checking your Goods on arrival

12.1 Please check the Goods when they arrive or are collected. Note any visible damage, leaks or shortages on the delivery docket (or carrier's electronic proof of delivery) where you can.

12.2 Tell us within 7 days of delivery or pickup about any visible damage, leakage, missing items or wrong products, with photos if you can. This helps us claim from the carrier and fix things quickly.

12.3 Consumers: clause 12.2 is a request to help us help you. Missing the timeframe does not remove your rights under the ACL.

12.4 Business Customers: see clause B5 for claim timeframes.

13. Returns and refunds

13.1 No change-of-mind returns. We don't accept returns, or give refunds or exchanges, if you simply change your mind, order the wrong product or quantity, find it cheaper elsewhere, or no longer need the Goods. This is because our products are lubricants and chemicals whose integrity we can't guarantee once they've left our control, and many are bulky or dangerous goods.

13.2 What you can still get a refund, replacement or repair for. Clause 13.1 does not affect your rights under the Australian Consumer Law. You are still entitled to a remedy (and, for a major failure, your choice of a refund or replacement) if the Goods:

(a) are faulty or not of acceptable quality (for example, contaminated, off-specification or leaking packaging);

(b) are not as described, or don't match the product, grade, specification or sample you ordered;

(c) arrive damaged in transit, or short, before risk passed to you (clause 8);

(d) are not fit for a purpose you told us about before buying; or

(e) otherwise fail to meet a consumer guarantee.

Clause 14 explains how to claim, and Part C sets out consumers' rights. Business Customers who aren't Consumers: see also Part B.

13.3 Our mistakes. If we send the wrong product or quantity, we'll fix it at our cost: replacement, collection of the wrong Goods, or a refund.

13.4 How refunds are paid. Refunds are paid to the original payment method (or by EFT for account customers or credit to your account), usually within 10 Business Days of us approving the refund.

14. Faulty or damaged Goods

14.1 Tell us by email or through the portal. Make any claim about faulty, damaged, missing or incorrect Goods (including warranty and consumer guarantee claims) by email to quotes@bulklubricants.com.au or through our customer portal at portal.bulklubricants.com.au, with your order number, a description of the problem, photos and batch numbers (from the label) where possible. We don't accept claims or returned goods by post. If you can't use email or the portal, call us on +61 459 798 569 and we'll help you lodge your claim. This doesn't affect your rights under the ACL.

14.2 Investigation. We may ask for reasonable information to assess the claim, including a sample of the product (unused, and if relevant, drawn from your equipment), and we may arrange for it to be tested by TotalEnergies or a laboratory. If the Goods are confirmed faulty, we'll pay the reasonable cost of sampling, testing and returning them. We'll keep you updated and won't unreasonably delay a remedy while testing.

14.3 Remedies. Consumers: see Part C. Business Customers who are not Consumers: see Part B.

14.4 Don't keep using faulty Goods. If you suspect a product is faulty, stop using it and contact us, to limit any damage.

15. Packaging and containers

15.1 Pails, drums and IBCs are one-way packaging. They are not returnable, no deposit applies, and they become yours with the Goods.

15.2 You're responsible for lawfully disposing of or recycling empty packaging and used oil.

16. Cancellation

16.1 By you, before dispatch. You may ask to cancel an accepted Order before it's dispatched. We'll agree where we can. If we've already incurred costs that we can't recover (for example, freight booked, goods specially ordered, decanted or packed for you, or a supplier cancellation fee), we may deduct those reasonable, actual costs from your refund and will tell you what they are.

16.2 After dispatch. Once dispatched, an Order can't be cancelled for change of mind (see clause 13).

16.3 By us. We may cancel an accepted Order by written notice if: (a) the Goods become unavailable from TotalEnergies; (b) we can't lawfully or practically deliver them (for example, a carrier won't carry dangerous goods to your area); (c) a force majeure event continues (clause 17); or (d) for Business Customers, you are in default under clause B9. If we cancel under (a)–(c), we'll refund everything you've paid for the undelivered Goods. Our cancellation doesn't affect your Non-Excludable Rights.

17. Events outside anyone's control (force majeure)

17.1 Neither of us is liable for delay or failure to perform (other than paying money already due) caused by events beyond our or your reasonable control, such as natural disasters, fire, flood, pandemic, industrial action not limited to the affected party's workforce, war, government action, failure of the supply chain from TotalEnergies or its refineries or blending plants, or failure of carriers or utilities.

17.2 The affected party must tell the other promptly and take reasonable steps to minimise the impact.

17.3 If the event continues for more than 30 days, either of us may cancel the affected part of the Order by written notice, and we'll refund amounts paid for undelivered Goods.

18. Privacy

We collect and handle personal information in line with our Privacy Policy at bulklubricants.com.au/privacy. It explains how we use your information to process quotes and orders, and the service providers we share it with (including our business system provider, Stripe, Starshipit and carriers, and TotalEnergies for technical support and supply).

19. Changes to these Terms

19.1 We may update these Terms from time to time by publishing a new version on our website with its effective date. The updated Terms apply to Orders placed after that date. Orders we have already accepted stay under the Terms that applied when we accepted them.

19.2 For account customers, we'll give at least 30 days' written notice of any change that materially affects you. If you don't agree, you may close your account before the change takes effect, without penalty (after paying any amounts owing).

20. General

20.1 Notices. We may give you notices by email to the address you've given us or through the customer portal. You may give us notices by email to quotes@bulklubricants.com.au. Formal legal notices may also be posted to our postal address for notices, 24 Augusta Street, Willetton WA 6155. Claims about Goods are made under clause 14.1, not by post.

20.2 Assignment. You may not transfer your rights under a contract without our written consent (not to be unreasonably withheld). We may assign our rights (for example, to a buyer of our business) by notice to you, if it doesn't reduce your rights.

20.3 Severance. If part of these Terms is void, unenforceable or unfair, it is read down or severed, and the rest continues.

20.4 No waiver. A delay in enforcing a right isn't a waiver.

20.5 Governing law. These Terms are governed by the laws of Western Australia. Each of us submits to the non-exclusive jurisdiction of the courts of Western Australia (and courts that can hear appeals from them). This doesn't stop Consumers from using their rights under the ACL or approaching their local consumer protection agency or tribunal.

Part B: Additional terms for Business Customers

Part B applies only to Business Customers. Each clause is subject to clause B0.

B0. Non-Excludable Rights prevail. Nothing in Part B excludes, restricts or modifies any Non-Excludable Right. If you are a Business Customer who is also a Consumer (clause 1.6), Part C applies to you as well, and where Part B and Part C conflict, Part C applies.

B1. Business use

B1.1 You confirm that you are buying the Goods for the purposes of your business.

B2. Credit accounts

B2.1 Credit is at our discretion and subject to our Credit Application and Account Terms (which include a guarantee and PPSA provisions). We may set and review credit limits.

B2.2 We may reduce your credit limit or suspend credit by written notice where we reasonably consider your creditworthiness has materially changed, or if you are in default (clause B9).

B3. Implied terms and specification

B3.1 Our promise. We promise the Goods, when delivered, will match the TotalEnergies product specification and description current at the date of our acceptance of your Order, and that we have the right to sell them.

B3.2 Other implied terms. To the extent the law allows, terms implied by the Sale of Goods Act 1895 (WA) or otherwise (other than Non-Excludable Rights) are excluded, except the promise in B3.1.

B4. Limitation of liability

B4.1 Limit for non-excludable guarantees. Where the Goods are not of a kind ordinarily acquired for personal, domestic or household use or consumption, our liability for failing to comply with a consumer guarantee (other than those in ACL ss51–53 (title, undisturbed possession, undisclosed securities)) is limited, at our option, to: replacing the Goods or supplying equivalent goods; repairing the Goods; paying the cost of replacing the Goods or acquiring equivalent goods; or paying the cost of having the Goods repaired, unless it is not fair or reasonable for us to rely on this limit (ACL s64A).

B4.2 Cap. Subject to B0 and B4.4, our total liability to you for all claims arising from or in connection with an Order, whether in contract, tort (including negligence), under statute or otherwise, is limited, at our option, to re-supplying the affected Goods or refunding (or paying) the price paid for the affected Goods.

B4.3 Indirect loss: mutual. Subject to B0 and B4.4, neither of us is liable to the other for loss of profit, revenue, production or business opportunity, downtime, or for indirect or consequential loss.

B4.4 Exceptions. B4.2 and B4.3 don't limit liability for: death or personal injury caused by negligence; fraud or wilful misconduct; or amounts you must pay us for Goods.

B4.5 Contribution. Each party's liability is reduced to the extent the other party (or its personnel) caused or contributed to the loss, including through incorrect storage, handling, contamination, mixing or use contrary to the TDS, SDS or OEM requirements.

B5. Claims by Business Customers

B5.1 Visible damage, shortages or wrong products: notify us within 7 days of delivery or pickup (clause 12.2).

B5.2 Quality defects not reasonably visible on delivery: notify us within 30 days of becoming aware (or when you reasonably should have become aware) of the problem, and give us reasonable opportunity to inspect, sample and test.

B5.3 Bulk deliveries: for bulk deliveries (by tanker, or decanted), quantities may vary by up to ±2% of the ordered quantity. You'll be invoiced for the quantity actually delivered, as measured by the delivery meter or weighbridge record or, if neither is available, our or TotalEnergies' dispatch records. If you dispute the measured quantity, tell us within 7 days and we'll share the measurement records.

B5.4 If you don't notify us within these timeframes, we may be unable to claim from the carrier or manufacturer, and to the extent permitted by law your claim may be limited to the extent our position has been prejudiced by the delay.

B6. Retention of title

B6.1 Title. Ownership of Goods doesn't pass to you until we have received payment in full (in cleared funds) for those Goods and all other amounts you owe us on any account.

B6.2 Until title passes, you must: (a) hold the Goods as our bailee; (b) store them so they're identifiable as ours, where practicable (bulk product mixed in your tanks is treated as described in B6.4); (c) keep them insured; (d) not remove or obscure labels or batch numbers; and (e) not charge or encumber them.

B6.3 Resale and use. You may sell or use the Goods in the ordinary course of your business. If you sell Goods before paying for them, you hold the proceeds (up to the amount you owe us) on trust for us, in a separate account where practicable.

B6.4 Mixed bulk product. If Goods we own are mixed with your own product (for example, in a bulk tank), we own the mixture in proportion to the quantities, and product you take from the mixture comes first from your share.

B6.5 Recovery. If you are in default (clause B9), we may, after giving you reasonable written notice (except where there is a genuine risk the Goods will be removed or disposed of, or an insolvency event has occurred), enter premises where the Goods are stored during business hours to recover Goods we own, as far as the law permits. You must give us reasonable access and help us identify the Goods. We'll take reasonable care to avoid damage to your premises.

B7. PPSA security interest

B7.1 Security interest. You grant us a security interest in all Goods we supply to you now or in future, and their proceeds, to secure payment of all amounts you owe us. These Terms (together with your Credit Application, if any) are a security agreement for the Personal Property Securities Act 2009 (Cth) (PPSA). To the extent the security interest secures the price of the Goods, it is a purchase money security interest.

B7.2 Registration. You consent to us registering a financing statement on the Personal Property Securities Register (PPSR), and you must promptly give information and sign documents we reasonably need to register, perfect and maintain our security interest.

B7.3 Contracting out (Business Customers only). To the extent the law allows, and only where the Goods are not used predominantly for personal, domestic or household purposes, you and we agree under PPSA s115 that the following provisions do not apply: ss95, 96, 117, 118, 120, 121(4), 125, 130, 132(3)(d), 132(4) and 135.

B7.4 Notices waived. You waive your right to receive a verification statement (PPSA s157(3)) and, to the extent permitted, any notice under the PPSA that we're not required to give because of B7.3.

B7.5 Confidentiality. Neither of us will disclose information of the kind mentioned in PPSA s275(1), except as permitted by s275(7) or required by law.

B7.6 Your other obligations. You must not register, or allow anyone to register, a financing change statement about our security interest without our consent, and you must tell us at least 14 days before changing your name, ABN or ACN, legal structure or address.

B7.7 Costs. You must pay our reasonable costs of registration and enforcement, and our reasonable costs of releasing a registration if you ask us to release it before it's due.

B7.8 When you have no outstanding obligations to us and your account is closed, we'll remove or amend our registration if you ask, within the time the PPSA requires.

B8. Indemnity

B8.1 You indemnify us against loss, cost or liability (including reasonable legal costs) arising from: (a) your breach of clause 9 (safety, dangerous goods and environmental obligations); (b) third-party claims caused by your or your customers' use, storage, handling or disposal of the Goods; or (c) your unlawful acts.

B8.2 This indemnity is reduced to the extent the loss was caused or contributed to by our breach, negligence or wilful misconduct.

B9. Default

B9.1 You are in default if: (a) you don't pay an amount by its due date and don't pay it within 7 days after our written notice; (b) you commit a material breach of these Terms that can be remedied and don't remedy it within 14 days after our written notice; or (c) an insolvency event happens to you (for example, liquidation, administration, receivership or bankruptcy, or an arrangement with creditors), to the extent the law allows us to act on it.

B9.2 If you are in default we may, by written notice: suspend deliveries; require payment before delivery for future Orders; and declare all amounts you owe us immediately due. Our other rights are not affected.

Part C: Terms for Consumers (your Australian Consumer Law rights)

Part C applies to you if you are a Consumer (clause 1.6). If anything elsewhere in these Terms conflicts with Part C, Part C applies.

C1. Your consumer guarantee rights

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

C1.1 The consumer guarantees include that Goods will be of acceptable quality (ACL s54), fit for any purpose you made known to us (s55), match their description (s56), and match any sample or demonstration model (s57). They also include that we have the right to sell the Goods and you'll have undisturbed possession of them (ss51–53).

C1.2 Major failures: you can choose a refund or replacement (and keep a damages claim for reasonably foreseeable loss). Minor failures: we may choose to repair, replace, or refund within a reasonable time (ACL ss259–263).

C1.3 Nothing in these Terms, including clauses 10, 11, 12 and 13, excludes, restricts or modifies these rights.

C2. Our commitment and how to claim (warranty against defects)

C2.1 Our commitment. In addition to your rights under the ACL: if Goods arrive damaged or leaking, are missing, or are not the product you ordered, and you tell us within 30 days of delivery, we'll replace them or refund you (including original freight) at no cost to you.

C2.2 How to claim. Email Bulk Lubricants Australia at quotes@bulklubricants.com.au, or lodge your claim through our customer portal at portal.bulklubricants.com.au, with your order number, a description and photos. Claims are made by email or through the portal, not by post. If you need help, call us on +61 459 798 569. Our contact details: Bulk Lubricants Australia, phone +61 459 798 569, email quotes@bulklubricants.com.au, postal address (for legal notices only): 24 Augusta Street, Willetton WA 6155. We may ask for a sample (see clause 14.2). We'll arrange and pay for collection where needed.

C2.3 Costs. We bear the reasonable costs of a valid claim, including return freight we arrange.

C2.4 The benefits of this commitment are in addition to other rights and remedies you have under a law in relation to the goods.

C3. Change of mind

C3.1 We don't offer refunds or exchanges for change of mind (clause 13.1). This doesn't affect your rights under the ACL. You can still get a remedy if Goods are faulty, not as described, damaged in transit or otherwise fail a consumer guarantee (clause 13.2).

C4. Delivery delays

C4.1 If we can't deliver within a reasonable time of the estimated timeframe, you can cancel the undelivered Order and we'll refund you in full, including freight.

C5. Liability to Consumers

C5.1 Our liability to you under the ACL is not limited by these Terms. Clauses B4 (limitation of liability), B6–B9 and the payment-default costs in clause 6.5(c) do not apply to Consumers who are not Business Customers.

C5.2 We're not liable for loss that is not reasonably foreseeable, or that is caused by something independent of us (for example, misuse, use contrary to the label, SDS or OEM manual, or contamination after delivery), except as the ACL provides.

C6. Complaints

If you're not happy with how we've handled an issue, contact us first. You can also contact Consumer Protection WA (www.consumerprotection.wa.gov.au) or your local state or territory consumer protection agency.