Terms & Conditions

1. About These Terms

These Terms and Conditions ("Terms") are issued by Supertech Asia Pacific Pty Ltd (ABN 75 684 263 830, ACN 684 263 830), a company based in New South Wales ("we", "us", "our"). They apply to your use of this website and to all enquiries, quotes, orders and supply of goods by us. By using this website, requesting a quote or placing an order, you agree to these Terms.

Nothing in these Terms excludes, restricts or modifies any right or remedy you have under the Australian Consumer Law or any other law that cannot lawfully be excluded, restricted or modified. If any part of these Terms would do so, that part is limited to the extent necessary for it to comply with the law.

2. Definitions

• Australian Consumer Law or ACL means Schedule 2 to the Competition and Consumer Act 2010 (Cth), as it applies as a law of New South Wales under the Fair Trading Act 1987 (NSW).
• Consumer has the meaning given in the ACL.
• Business Customer means a customer who is not a Consumer, or who acquires goods for resupply or for use in manufacturing, processing or repairing other goods.
• Goods means Supertech products and any other goods we supply.
• You means the person or business using this website or dealing with us.

3. Information on This Website

The information on this website is general information only and is provided in good faith. It does not take into account your particular vehicle, engine, equipment or circumstances and is not professional, technical or mechanical advice.

• Product descriptions, specifications, images and diagrams are for illustration and may change without notice.
• We take reasonable care to keep the website accurate, but we do not warrant that all information is complete, current or free of errors.
• You should not rely on website information alone when making a purchasing decision. Please contact us, and seek independent advice where appropriate, to confirm suitability for your needs.

4. Product Performance and Suitability

Supertech products have been tested by a range of independent organisations. Any results we refer to were recorded under the specific conditions of those tests and are not a promise of the results you will achieve.

Fuel savings, emission reductions and other outcomes vary depending on factors including the type, age, condition and maintenance of the engine, the fuel used, the load, operating conditions and how the vehicle or equipment is driven or used. We do not guarantee any particular fuel saving, emission reduction or performance improvement.

You are responsible for giving us accurate information about your fuel tank capacity, fuel type and equipment so we can recommend a suitable model. We are not responsible for an unsuitable selection that results from inaccurate or incomplete information you provide.

5. Quotes and Orders

• This website is for information only. Goods cannot be purchased directly through it. Please contact us for a quote.
• Quotes are valid for the period stated on the quote, or 30 days from the date of the quote if no period is stated.
• An order is accepted only when we confirm it in writing, which includes by email.
• Each accepted order is governed by the quote and these Terms. If there is any inconsistency, the quote applies to the extent of the inconsistency.
• We may decline any order, including where Goods are unavailable or a quote or price contains an obvious error. If we decline an order after you have paid, we will refund the amount paid in full.

6. Prices and Payment

• Prices are in Australian dollars and include GST unless stated otherwise.
• Payment is required in full before dispatch unless we have agreed in writing to provide credit.
• Where we have agreed to provide credit to a Business Customer, payment is due by the date shown on the invoice. If payment is overdue, we may suspend further supply and charge interest on the overdue amount at the rate stated on the invoice, together with reasonable costs incurred in recovering the debt.
• We may change our prices at any time, but price changes will not affect an order we have already accepted.

7. Delivery and Risk

We deliver throughout Australia. Delivery dates are estimates only. Subject to the Australian Consumer Law, we are not liable for delays caused by freight providers or by events outside our reasonable control.

Risk in the Goods passes to you on delivery. Please check the Goods when they arrive and tell us about any damage, defects or shortages as soon as possible. Business Customers must notify us of any transit damage or shortage within 7 days of delivery.

8. Ownership of Goods and Security Interest

Ownership of the Goods passes to you only when we have received payment in full. Until then, Business Customers hold the Goods on our behalf and must store them in a way that shows they belong to us.

Business Customers acknowledge that these Terms may create a security interest in the Goods for the purposes of the Personal Property Securities Act 2009 (Cth) (PPSA), which we may register. To the extent the law allows, Business Customers waive their right to receive any verification statement or notice under the PPSA, and agree to sign any documents reasonably required to protect our security interest.

9. Installation and Safe Use

Supertech units are designed to be placed inside the fuel tank without modification to the engine or fuel system. You must follow all installation and safety instructions provided with the Goods.

• Larger units, and any installation that requires tools or removing parts, should be carried out by a qualified mechanic.
• Always take care when working with fuel and fuel tanks. Work in a well-ventilated area away from sparks, flames and other ignition sources.
• Business Customers are responsible for meeting their own obligations under the Work Health and Safety Act 2011 (NSW), or the equivalent law in their state or territory, when installing or arranging installation of the Goods.
• Before fitting the Goods, you should check with the vehicle or equipment manufacturer or dealer if you are unsure whether doing so could affect an existing warranty.

Mechanics, installers and resellers who are not our employees are independent of us. To the extent permitted by law, we are not responsible for loss or damage caused by incorrect installation, misuse, failure to follow instructions, or installation or modification carried out by anyone other than us.

10. Australian Consumer Law

If you are a Consumer, 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.

For more information about your rights as a consumer in New South Wales, visit NSW Fair Trading at www.fairtrading.nsw.gov.au.

11. Warranty and Returns

Any manufacturer's warranty that applies to the Goods will be provided with the Goods or on request. Any such warranty is in addition to your rights under the Australian Consumer Law.

If you believe the Goods are faulty, please contact us as soon as possible with your proof of purchase and a description of the problem. We may need to inspect the Goods, or ask you to return them, to assess your claim. If your claim is valid, we will cover the reasonable cost of returning the Goods.

We are not required to accept returns because you have changed your mind. Any change-of-mind return is at our discretion, and the Goods must be unused, undamaged and in their original packaging. Goods that have been installed in a fuel tank cannot be returned for change of mind.

12. Limitation of Liability

To the maximum extent permitted by law, and always subject to your rights under the Australian Consumer Law:

• we exclude all conditions, warranties and guarantees that are not expressly set out in these Terms;
• where Goods are not of a kind ordinarily acquired for personal, domestic or household use or consumption, our liability for a failure to comply with a consumer guarantee is limited, at our option, to replacing the Goods or supplying equivalent goods, repairing the Goods, or paying the cost of replacing or repairing them;
• for Business Customers, our total liability arising from or in connection with any order is limited to the price paid for the Goods that gave rise to the claim;
• for Business Customers, we are not liable for any indirect or consequential loss, or for any loss of profit, revenue, production, use, data or opportunity;
• we are not liable for any loss arising from your use of, or reliance on, information on this website.

13. Indemnity

Business Customers indemnify us against any loss, damage, cost or liability (including reasonable legal costs) we suffer as a result of the Business Customer's breach of these Terms, misuse of the Goods, or incorrect installation of the Goods by the Business Customer or its contractors, except to the extent the loss is caused by our own negligence or breach.

14. Events Outside Our Control

We are not liable for any delay or failure to perform our obligations caused by events outside our reasonable control. These include natural disasters, extreme weather, fire, flood, pandemics, government action, industrial action, and delays in international shipping or supply from the manufacturer. If such an event occurs, we will let you know as soon as practicable and resume performance as soon as we reasonably can. This does not affect your rights under the Australian Consumer Law.

15. Intellectual Property

The Supertech name, logo and product images are trade marks and materials of the Supertech manufacturer and are used on this website with permission. All other content on this website, including text, layout and graphics, is owned by us or our licensors and is protected by the Copyright Act 1968 (Cth).

You may view and print pages from this website for your own personal or internal business use. You must not otherwise copy, reproduce, publish, modify or commercially use any content from this website without our prior written permission.

16. Third-Party Websites and Content

This website may link to, or display content from, third-party websites and services such as YouTube and Google Maps. These links are provided for convenience only. We do not control and are not responsible for the content, availability, security or privacy practices of those websites.

17. Using This Website

You must use this website lawfully and must not:

• interfere with or disrupt the website or its servers, or attempt to gain unauthorised access to them;
• introduce viruses or other harmful code;
• use the website to send unsolicited messages or to collect information about other users;
• copy or scrape content from the website for commercial purposes.

We aim to keep the website available at all times, but we do not guarantee that it will be uninterrupted, error-free or free of viruses. You are responsible for using appropriate virus protection on your own devices.

18. Privacy

We handle personal information in line with our Privacy Policy.

19. Resolving Disputes

If you have a concern or dispute about our Goods or these Terms, please contact us first so we can try to resolve it. We will work with you in good faith, and both parties agree to try to resolve the matter by negotiation within 20 business days.

If the matter cannot be resolved by negotiation, either party may refer it to mediation in Sydney, with the cost of the mediator shared equally unless agreed otherwise. Consumers may also contact NSW Fair Trading or apply to the NSW Civil and Administrative Tribunal (NCAT). Nothing in this section stops either party from seeking urgent relief from a court or tribunal.

20. Governing Law and Jurisdiction

These Terms are governed by the laws of New South Wales, Australia. Each party submits to the exclusive jurisdiction of the courts and tribunals of New South Wales, and the courts that may hear appeals from them, except where the law gives you a right to bring a claim elsewhere.

21. General

• Electronic communications: quotes, order confirmations, invoices and notices may be sent and accepted by email, in accordance with the Electronic Transactions Act 2000 (NSW).
• Changes to these Terms: we may update these Terms from time to time by publishing a new version on this page. The Terms in force when we accept your order apply to that order.
• Severability: if any part of these Terms is invalid or unenforceable, it will be read down or removed to the extent necessary, and the rest of these Terms will continue to apply.
• Waiver: if we do not enforce a right under these Terms straight away, we have not given up that right.
• Assignment: you may not transfer your rights under an order without our written consent. We may assign our rights to a related company or a purchaser of our business, provided your rights are not reduced.
• Entire agreement: for each order, these Terms and our quote form the entire agreement between us about that order.

22. Contact Us

If you have any questions about these Terms, please contact:

• Company: Supertech Asia Pacific Pty Ltd
• ABN: 75 684 263 830   ACN: 684 263 830
• Address: Part G.03, 23 Brookhollow Avenue, Norwest NSW 2153
• Phone: 1300 43 43 44
• Email: rod@supertech.net.au