GENERAL TERMS & CONDITIONS OF BUSINESS
SURFCOAST CONTAINER SOLUTIONS – GENERAL TERMS & CONDITIONS OF BUSINESS
(www.surfcoastcontainersolutions.au)
Dated: November 2025
Article 1 – Application of These Terms
1.1. These General Terms & Conditions (“Conditions”) apply to all offers, quotations, agreements, and transactions conducted by Surfcoast Container Solutions, or any related entity (“Company”), in relation to the sale and supply of containers to a purchaser (“Buyer”). These Conditions apply to the legal relationship between the Company and the Buyer, including after termination of any agreement.
1.2. The “Buyer” refers to any individual or entity entering into a contract with Surfcoast Container Solutions. “Container(s)” refers to all container products supplied by the Company.
1.3. Unless expressly agreed in writing, any terms proposed by the Buyer that differ from or conflict with these Conditions are excluded and shall not apply.
Article 2 – Types of Containers
2.1. Surfcoast Container Solutions supplies new, one-trip, refurbished, and used containers. Used containers may show cosmetic wear such as dents, rust, or repairs. The Buyer acknowledges and accepts that used containers are sold in their existing condition, subject always to guarantees provided under Australian Consumer Law (ACL).
2.2. Images and models shown on the website are for illustration purposes only. Variations in colour, weight, and dimensions may occur and do not constitute defects.
Article 3 – Order Process
3.1. The order process consists of:
• Buyer selecting container(s)
• Buyer selecting delivery method (pickup, tilt-bed, or flatbed)
• Pricing being displayed
• Buyer accepting these Conditions
• Buyer completing payment
• Buyer receiving invoice and confirmation within 24 hours
3.2. The Buyer is responsible for providing accurate delivery and contact information. Any additional costs arising from incorrect information are borne by the Buyer.
3.3. Once payment is received, delivery arrangements commence and the order cannot be cancelled except as provided under Articles 6–8 or under Australian Consumer Law.
Article 4 – Payment Conditions
4.1. Prices are shown in Australian Dollars (AUD) and include GST unless otherwise stated.
4.2. Delivery charges (including GST where applicable) are disclosed before payment.
4.3. Delivery will only occur after cleared payment is received. Chargebacks, failed payments, or reversals will suspend delivery.
Article 5 – Delivery and Risk
5.1 Delivery Methods
(a) Pickup (Ex Works): Buyer collects from depot within 30 days of payment.
(b) Tilt-Bed Delivery: Buyer must ensure clear access and a safe drop zone.
(c) Flatbed Delivery: Buyer must provide unloading equipment (minimum capacity: 2.5 tonnes for 20ft, 4.5 tonnes for 40ft). A 90-minute unloading window applies.
5.2 Risk of Loss
Risk passes to the Buyer:
(a) On loading for pickup
(b) Upon unloading at delivery site
5.3 Delays
Surfcoast Container Solutions is not liable for delays due to weather, carrier issues, port congestion, or events beyond reasonable control.
5.4 Delivery Requirements
Buyer must comply with published delivery requirements:
https://surfcoastcontainersolutions.au/pages/delivery-requirements
5.5 Failure to Accept Delivery
If delivery cannot be completed due to Buyer fault, the Company may:
• Store container at Buyer’s cost
• Reattempt delivery
• Recover costs
• Treat the Buyer as in default
Article 6 – Quality Guarantee
6.1. Containers sold as Wind & Watertight (WWT) are guaranteed to meet that standard at delivery.
6.2. WWT containers include a 1-year structural integrity guarantee covering roof, walls, doors, seals, and floor.
6.3. If defects arise, the Company may:
• Repair
• Replace
• Reimburse reasonable repair costs
6.4. Cosmetic defects are excluded unless they affect WWT integrity.
6.5. Buyer must notify defects within 5 business days with photos and container number.
6.6. Transport for approved warranty claims will be covered by the Company.
6.7. Nothing in these Conditions excludes or limits rights under Australian Consumer Law.
Article 7 – 30-Day Money-Back Guarantee
7.1. Buyer may return containers within 30 days of delivery.
7.2. Return transport is at Buyer’s cost.
7.3. Refund issued within 30 days after inspection, excluding delivery charges.
7.4. Risk remains with Buyer until accepted in writing by the Company.
Article 8 – Returns
Returns require prior written approval. Unauthorized returns are at Buyer’s risk and expense.
Article 9 – Liability
9.1. Containers are supplied in accordance with ACL.
9.2. Company liability is limited to:
• Repair
• Replacement
• Refund
9.3. No liability for indirect or consequential loss to the extent permitted by law.
9.4. No liability for carrier negligence.
9.5. Claims must be made within 12 months.
Article 10 – Force Majeure
The Company is not liable for failure caused by events beyond control (fires, floods, strikes, government actions, pandemics, port closures).
Article 11 – Reservation of Title
Ownership remains with Surfcoast Container Solutions until full payment is received.
Article 12 – Taxes
Buyer is responsible for all applicable taxes, duties, and fees unless stated otherwise.
Article 13 – Governing Law
These Conditions are governed by the laws of Victoria, Australia. Invalid provisions do not affect remaining terms.
Article 14 – AI Chatbot Disclaimer
Surfcoast Container Solutions provides an automated support assistant.
Information is general only and not legal or professional advice.
Use is at the user’s own risk.
Article 15 – Market Monitor Disclaimer
Market data is informational only.
No liability for reliance on such data.
Users must seek independent advice.
