Aquaworks – Master Terms & Conditions of Trade

(Effective 20-Aug-25)

These Terms & Conditions (“Terms”) apply to all sales and supplies of goods and services by Aquaworks Pty Ltd (ABN 78 131 987 623) (“Aquaworks”, “we”, “us”, “our”) and form the basis of all dealings with our customers and suppliers unless otherwise agreed in writing by an authorised officer of Aquaworks. By placing an order with us, supplying to us, or otherwise engaging with us, you agree to be bound by these Terms.

1. Orders & Acceptance

1.1 All orders are subject to acceptance by Aquaworks. We may reject or cancel an order (in full or in part) at our discretion.
1.2 A binding contract is formed only when we confirm your order in writing, or by supplying goods.
1.3 Customers must ensure orders are accurate and complete. Aquaworks is not liable for errors arising from customer-supplied information.

2. Pricing & Payment

2.1 Prices are quoted exclusive of GST and Container Deposit Scheme (CDS) charges unless otherwise specified.
2.2 We may adjust prices at any time to reflect changes in raw materials, packaging, freight, energy, CDS levies, or other input costs.
2.3 Unless otherwise agreed, payment terms are 30 days from invoice date.
2.4 Late payments may incur interest at 2% per month (compounding). We may also suspend supply until accounts are brought up to date.
2.5 Title in goods passes to the customer only when full payment has been received. Aquaworks retains ownership until payment is cleared.

3. Delivery & Risk

3.1 Unless otherwise agreed, Aquaworks will arrange freight.
3.2 Risk in goods passes to the customer on delivery to the customer’s premises or nominated location.
3.3 Delivery times are estimates only. We are not liable for delays caused by carriers, suppliers, industrial action, accidents, shortages, or force majeure events.

 

4. Product Quality & Compliance

4.1 Aquaworks warrants that its products:

• Comply with Food Standards Australia & New Zealand (FSANZ) requirements, and

• Are fit for human consumption when stored and handled in accordance with our instructions.

4.2 Customers must store, handle and sell products in accordance with all applicable laws and industry standards.
4.3 Customers must not re-package, tamper with, or relabel products without our prior written consent.

5. Returns & Credits

5.1 Goods may only be returned if faulty, damaged on delivery, or supplied in error.
5.2 Returns require written authorisation from Aquaworks.
5.3 Claims must be made within 7 days of delivery.
5.4 We do not accept returns for change of mind, over-ordering, or unsold stock.

6. Customer Responsibilities

6.1 Customers must:

• Comply with all laws relating to resale, promotion and storage of beverages.

• Not export or on-sell goods outside of agreed channels without written consent.

• Ensure Aquaworks’ branding and reputation are not damaged through discounting, resale or marketing practices.

6.2 Customers grant Aquaworks the right to audit compliance with these obligations.

7. Supplier Terms (Inbound Goods & Services)

7.1 Suppliers must ensure goods supplied to Aquaworks:

• Comply with all relevant Australian standards, food safety laws and packaging regulations.

• Are free from defects and safe for intended use.

7.2 Suppliers must indemnify Aquaworks against claims, losses, or recalls arising from defective or non-compliant goods or services.
7.3 Payment terms for suppliers will be as agreed in writing; otherwise end of month + 30 days.

8. Liability & Indemnity

8.1 To the maximum extent permitted by law, Aquaworks’ liability is limited to (at our option):

• Replacing the goods,

• Supplying equivalent goods, or

• Refunding the purchase price.

8.2 Aquaworks is not liable for:

• Loss of profits, sales, or goodwill,

• Indirect, incidental, or consequential loss, or

• Delays caused by factors beyond our control.
  8.3 Customers and suppliers indemnify Aquaworks against all claims, costs, or losses arising from their negligence, breach of these Terms, or non-compliance with law.

9. Force Majeure

Aquaworks is not liable for failure to perform due to causes beyond its reasonable control, including but not limited to shortages, strikes, natural disasters, government action, transport delays, or CDS scheme changes.

10. Credit & Security

10.1 Customers seeking credit must complete a Credit Application and provide any requested security or guarantees.
10.2 Aquaworks may at any time vary, suspend, or withdraw credit terms.
10.3 We may register a security interest over goods under the Personal Property Securities Act 2009 (Cth) until paid in full.

11. Confidentiality & IP

11.1 All pricing, product specifications, formulations, and commercial terms are confidential.
11.2 Customers and suppliers must not disclose Aquaworks’ confidential information without prior written consent.
11.3 All intellectual property, branding and trade marks remain the property of Aquaworks.

12. Dispute Resolution & Governing Law

12.1 Parties must first attempt to resolve disputes through good faith negotiation, then mediation before commencing legal proceedings.
12.2 These Terms are governed by the laws of Victoria, Australia.
12.3 Each party submits to the exclusive jurisdiction of Victorian courts.

13. General

13.1 These Terms override any customer or supplier terms unless expressly agreed in writing.
13.2 If any clause is unenforceable, the remainder of the Terms remain in effect.
13.3 Aquaworks may update these Terms from time to time by notice in writing or via our website.