Returns Policy

  1. Defects, Warranties and Returns, Competition and Consumer Act 2010 (CCA)
    1. The Customer shall not return any Goods and/or Products to Nu-Tank without obtaining prior authorisation from Nu-Tank. No returns will be accepted unless a copy of the relevant invoice is enclosed with the returned Goods and/or Products. A list of the Goods and/or Products returned including product descriptions, quantity, date of return and the Customer’s name and address must also be enclosed. The Customer must inspect the Goods and/or Products on delivery and must within forty-eight (48) hours of delivery notify Nu-Tank in writing of any evident defect/damage, shortage in quantity, or failure to comply with the description or quote. The Customer must notify any other alleged defect in the Goods and/or Products as soon as reasonably possible after any such defect becomes evident. Upon such notification, the Customer must allow Nu-Tank to inspect the Goods and/or Product.
    2. Under applicable State, Territory and Commonwealth Law (including, without limitation the CCA), certain statutory implied guarantees and warranties (including, without limitation the statutory guarantees under the CCA) may be implied into these Terms (Non-Excluded Guarantees).
    3. Nu-Tank acknowledges that nothing in these Terms purports to modify or exclude the Non-Excluded Guarantees.
    4. Except as expressly set out in these Terms or in respect of the Non-Excluded Guarantees, Nu-Tank makes no warranties or other representations under these Terms including but not limited to the quality or suitability of the Goods and/or Products. Nu-Tank’s liability in respect of these warranties is limited to the fullest extent permitted by law.
    5. If the Customer is a consumer within the meaning of the CCA, Nu-Tank’s liability is limited to the extent permitted by section 64A of Schedule 2.
    6. If Nu-Tank is required to replace the Goods and/or Products under this clause or the CCA, but is unable to do so, Nu-Tank may refund any money the Customer has paid for the Goods and/or Products.
    7. If the Customer is not a consumer within the meaning of the CCA, Nu-Tank’s liability for any defect or damage in the Goods and/or Products is: (a) limited to the value of any express warranty or warranty documentation provided to the Customer by Nu-Tank at Nu-Tank’s sole discretion. (b) limited to any warranty to which Nu-Tank is entitled if Nu-Tank did not manufacture the Goods and/or Products. (c) otherwise negated absolutely.
    8. Subject to this clause 11, returns will only be accepted provided that: (a) the Customer has complied with the provisions of clause 11.1; and (b) Nu-Tank has agreed that the Goods and/or Products are defective; and (c) the Goods and/or Products are returned within a reasonable time at the Customer’s cost; and (d) the Goods and/or Products are returned in original packaging to that in which they were delivered.
    9. Notwithstanding clauses 11.1 to 11.8 but subject to the CCA, Nu-Tank shall not be liable for any defect or damage which may be caused or partly caused by or arise as a result of: (a) the Customer failing to properly maintain or store any Goods and/or Products. (b) the Customer using the Goods and/or Products for any purpose other than that for which they were designed. (c) the Customer continuing the use of any Goods and/or Products after any defect became apparent or should have become apparent to a reasonably prudent operator or user. (d) the Customer failing to follow any instructions or guidelines provided by Nu-Tank. (e) fair wear and tear, any accident, or act of God.
    10. Nu-Tank may in its absolute discretion accept non-defective Goods and/or Products for return in which case Nu-Tank may require the Customer to pay handling fees of up to fifteen percent (15%) of the value of the returned Goods and/or Products plus any freight costs.
    11. Notwithstanding anything contained in this clause if Nu-Tank is required by a law to accept a return then Nu-Tank will only accept a return on the conditions imposed by that law.
    12. Freight charges must be paid by the Customer. All Goods and/or Products must be returned in the original packaging and the Customer shall be responsible for all damage incurred during return shipment. A credit note will be issued by Nu-Tank only after Goods and/or Products returned are either collected by Nu-Tanks authorised representative or agent or returned to it by the Customer as set out above. The Customer shall not deduct the amount of any anticipated credit from any payment due to Nu-Tank but must await receipt of a credit note.
    13. All Goods and/or Products returned must be of merchantable and reasonable quality such that the Goods are complete in their original packaging, not shop-soiled, are not price ticketed and are still listed in the current price list.
    14. All complaints, claims, or notification of lost Goods and/or Products, incomplete Goods and/or Products, Goods and/or Products damaged in transit or Goods and/or Products that do not comply with the Customer’s purchase order must be submitted by the Customer to Nu-Tank in writing within forty-eight (48) hours of the delivery of the Goods and/or Products. Otherwise, the Customer shall be deemed to have accepted the goods and shall not refuse to pay for the Goods on the basis that they were lost, incomplete, damaged in transit, or do not comply with the Customer’s purchase order.
    15. Nu-Tank may otherwise elect to take back Goods and/or Products in sellable condition on such terms as Nu-Tanks considers to be reasonable.
    16. The customer shall in all cases pay to Nu-Tank a restocking fee of 15% of the gross invoice value of all returns.
    17. To limit any claim to the cost of replacement of Goods and/or Products or of acquiring equivalent Goods and/or Products.
    18. That Nu-Tank shall not be liable for any loss or expense arising after forty-eight (48) hours from delivery (or at all once Goods and/or Products have been unpacked, affixed and/or otherwise used or applied) after which there shall be deemed to be unqualified acceptance;
    19. That to the fullest extent legally permissible Nu-Tank shall not be liable for any damages for personal injury, any damage to property and/or any contingent, consequential, direct, indirect, special or punitive damages whether due to negligence or otherwise and the Customer acknowledges this limit of liability and agrees to limit any claim accordingly; and
    20. That to the fullest extent legally permissible no other term, condition, agreement, warranty, representation and/or understanding whether express or implied, in any way extending to, otherwise relating to or binding upon Nu-Tank other than these Terms are made or given by or on behalf of Nu-Tank other than by these Terms saved and except to the extent otherwise required by law.
    21. Use of a Debt Collector / Solicitor – Nu-Tank advises that failure to pay may result in forwarding account to our Debt Collecting partner. Any fees incurred in this process may be payable by the Customer. All information supplied will be kept under the Privacy Act however we do not take on any responsibly of how our partner handles this information to work towards getting settlement of account.
    22. No warranties except those implied and that by law cannot be excluded are given by Nu-Tank in respect of Goods supplied. Where it is lawful to do so, the liability of Nu-Tank for a breach of a condition or warranty is limited to the repair or replacement of the Goods and/or Products, the supply of equivalent Goods and/or Products, the payment of the cost of repairing or replacing the Goods and/or Products or acquiring equivalent Goods and/or Products, as determined by Nu-Tank.
    23. The Customer acknowledges and warrants that it has relied on its own skill and judgment or, alternatively, on the skill and judgment of tradesmen and professional advisers retained by it to provide advice and assistance on the suitability of the Goods and/or Products for specific purposes and procedures and, in this respect, shall indemnify Nu-Tank from and against any suit, claim, demand or compensation which, but for these Terms, the Customer may have had against Nu-Tank.
    24. The Customer warrants to Nu-Tank that it is purchasing Goods and/or Products as the principal and not as an agent.