Terms and Conditions

Allplastics Terms and Conditions

Before placing an order with us, please ensure to read our Terms and Conditions carefully.

By proceedings to use the Allplastics website (“Website”) or placing an order with Allplastics Engineering Pty Ltd, ABN 78 056 195 923, trading as Allplastics and its successors and assignees (“Allplastics”, “we”, “us” or “our”) you agree to be bound by these terms and conditions.

These terms and conditions, our Privacy Policy, Delivery Terms, Credit Application Terms (if requested) and Copyright Policy and are to be read together to form the whole of this agreement, (collectively referred to as the “Terms”) and apply to all purchases made on our Website. You accept the Terms by making a purchase from us.

Your purchase of any products, orders and associated accessories and services (“Products”) from us or though the Website indicates that you have had sufficient opportunity to access the Terms and contact us with any questions, that you have read, accepted and will comply with the Terms, and that you are 18 years or older, or have the consent of a legal guardian who is 18 years or older. You must not order Products or services from us if you are under 18 years of age or without the consent of a legal guardian who is 18 years or older.

1. USE OF THIS WEBSITE

• You must only use this Website for lawful purposes and agree not to use it in a way that violates our rights or the rights of any third party.

• You recognise and agree that the content contained within this Website is only intended for your own personal, non-commercial use and that you may only download, print or use content for this purpose.

• You must not copy, reproduce, modify, distribute, imitate, publish, commercially exploit or link to or deep-link into this Website without our prior express written consent.

• Any illustrations, drawings and descriptive matter, including advertisements accompanying a quotation or included in the company’s Website or current catalogues, must be regarded as an approximate representation only and are not binding in detail unless stated to be so in our quotation.

2. APPLICATION OF YOUR PRODUCT

• If you require the product that you purchase from Allplastics (“Product”) for a particular application purpose or you require the Product to possess special or uniform characteristics, you must provide clear instructions of the application of the product and specify that purpose or those characteristics, in writing, on your Order. If we consider that your request can be fulfilled, we will provide written confirmation in our acceptance of your order.

• All specifications, drawings and images, particulars of weight and dimensions and other information must be supplied to Allplastics by you in the Supply Specification prior to the supply of the Goods. Allplastics will not be liable for any direct special, indirect or consequential loss or damage howsoever caused (including by the negligence of the Seller) incurred by the Buyer resulting from any discrepancies (including minor discrepancies) between the Supply Specifications or any other specifications provided by the Buyer and the Goods.

• If you require the product that you purchase from Allplastics (“Product”) for a particular application purpose or you require the Product to possess special or uniform characteristics, you must provide clear instructions of the application of the product and specify that purpose or those characteristics, in writing, on your Order. If we consider that your request can be fulfilled, we will provide written confirmation in our acceptance of your order.

• We suggest that you order a sample and test the product prior to using it for the desired application. Charges may apply.

• You must obtain all licences, permits and approvals in relation to your purchase and use of you products.

3. ONLINE SHOPPING

• When placing information on our Website, we will take reasonable care in ensuring that all details, prices, product images and descriptions displayed are correct at the time. While we have made every attempt to show our plastics, appearances and colours of our products as accurately as possible, what you see will vary to the delivered product depending on your monitor and computer equipment.

• We cannot guarantee that the product images on our Website are an exact representation of the actual products you receive.

• We don’t offer all our products for online shopping, and some products may require a formal inquiry In-store by phone or email to process an order. Please read below section 4: In-store order & quotes and section 5: In-store order prices.

• There may be limitations in ordering custom sizes, and we reserve the right to cancel an order. We will endeavour to advise you of suitable alternatives, and any changes will require a written confirmation prior to process of the order.

4. ORDER & QUOTATIONS

• For orders made and quoted by us at our premises, by facsimile, telephone or email (“In-Store Order”), the prices in the quote will remain open for acceptance for 14 days, unless otherwise agreed by the parties. For orders placed on our online shopping cart the prices.

• We shall be entitled to correct any errors and omissions in and from our quotes without liability.

• You should satisfy yourself as to the suitability of any product before placing an order.

• In placing an Order with us, you agree to be bound by these Terms and the additional terms contained on our quote for the Products (if any) or your confirmed Tax Invoice.

• We will notify you if your Order is accepted by us within 7 days of receiving it unless you request in writing not to receive an order confirmation.

• Once your Order has been accepted, you may cancel the Order at any time by notice in writing.

• Refer to clause 18.

5. ORDERS

• We reserve the right to accept or reject an order for any reason, including due to unavailability of product, an error in the price, image or the product description, error in your order or inability to adequately verify the purchaser details.

• We reserve the right to terminate your Allplastics account for any reason, or request photo ID (or any other such documentation we deem appropriate) from you for verification purposes before we allow your order to be processed. A binding agreement will form between us once we confirm that we have accepted your order.

• You are liable for all excise, goods and services or any other taxes or charges which may be established or levied by any governmental authority on the sale, delivery or use of your Order.

6. PRICES

• For any Orders you place with us, you must pay the price quoted on our website or set out in our current price list as at the date of the order, unless we have provided, in writing, an alternative price in a quote to you.

• You must pay a 50% deposit or prepay for your Order in full, at the time that you place the order, subject to the order method or circumstances.

• Where you have paid a deposit in accordance with clause 6.2 and you cancel your Order we will refund your deposit less any costs that we have incurred in making and processing your Order, the amount for which is decided at our sole discretion. See also clause 4.6

7. ORDER AVAILABILITY

• All orders are subject to availability. We will use our best endeavours to ensure that products ordered are available for delivery, and in most cases will notify you when a product is unavailable soon after you have completed your order. In some cases, immediate notification is not possible, and we may need to reject an order where we later establish that it is unavailable for delivery. Alternatively, we may contact you to advise you of a delay in restocking a particular product and delivery of your order.

• If your order is cancelled, we will refund in full all amounts you have paid in respect of such unavailable product. We cannot provide rainchecks for products ordered online, and we reserve the right to limit the sale of products to reasonable or normal consumer quantities.

8. VARIATIONS IN ORDERS

• We may accept, at our sole discretion, any variations to confirmed orders as requested by you within 7 days of placing the order and written notice being provided with details of the variation.
• You must provide full details of any variation in writing and include drawings and specifications of the variation. Upon receiving the variation request we will provide you with acknowledgement of receipt of the variation. Until we provide such receipt we are not liable for the variation.

• At our discretion, you will be liable to pay additional fees for any variation. Additionally, we reserve the right to charge fees for any delay in delivery of goods or services due to the changes in the order.

9. VARIATION OF PRODUCTS AND PRICE

• You agree to pay the purchase price for the products as specified on the Website from time to time plus any applicable delivery charges. We may vary the prices on this Website at any time, and prices are subject to change until you have paid for the products in full.

• Product variations may apply to different manufacturing batches, which is out of our control.

10. PAYMENT

• All prices are quoted in, and orders are calculated, in Australian Dollars ($AUD). You must pay for your products purchased on this Website at the time of placing an order. Time for payment for the Goods shall be of the essence and will be stated on your invoice, quotation or in any other forms.

• We accept payments made by cash, cheque, bank cheque, E.F.T, or credit card. Orders made through our Website we only accept payment by credit card (MasterCard, Amex, Visa) and we reserve the right to vary our accepted payment methods at any time without notice. You must not pay, or attempt to pay, for an order through any fraudulent or unlawful means. If your payment is not able to be successfully processed, or if we suspect that it has been paid for using any fraudulent or unlawful means, we may cancel the order.

• We will always act to protect the details of your payment and purchase however in the absence of gross negligence, we will not be responsible for any loss or damage that you may suffer if a third party acquires unauthorised access to data that you have provided to us when ordering from our Website.

• Payments made by credit card are subject to any applicable credit card surcharge which will be specified at the time of purchase (e.g. 1.5% for Pay Wave, Visa, MasterCard and 3% for Amex)

• All quoted Prices include standard packaging. You will be responsible for the cost of any additional packaging that may be required.

• You will be liable for all costs reasonably incurred by us in the recovery or attempted recovery of amounts owed by you under this agreement. In addition, you will be liable for any fees or charges we will incur in relation to any dishonoured cheque(s).

• Online Orders must be paid for in full prior to delivery.

11. DELIVERY TERMS
    
    
    • Please refer to our Delivery Terms.

12. STORAGE

• If you notify us that you are not ready for the goods to be collected from our premises or ready for delivery on the required date (as stated on any order) or when we notify you that your order is ready, we will store the goods for you for up to 21 days at no cost to you as a goodwill gesture. After this period a daily fee of $50 (exclusive of GST) will be charged.

• We reserve the right to dispose of any orders that are not collected after 3 months (90 day).

• Risk of damage to, or loss, theft, or deterioration of, the goods (and the need to insure them) passes to you once payment is due, irrespective of whether the goods are stored by us or not.

• We will not be responsible for poor handling or poor storage of goods that have been delivered. It is your responsibility to store the goods properly and appropriately. In particular goods should be stored with protection from the elements. Please refer to manufacturers guidelines or email This email address is being protected from spambots. You need JavaScript enabled to view it. for information if in doubt.

13. TITLE

• Title in the products will not pass to you until the later of delivery or until your payment has been processed or otherwise received by us.

• If your payment is declined or reversed for any reason we reserve the right to reclaim the products from your possession, custody or control even if they have been delivered to you or moved from the delivery address. We reserve the right to keep or sell the products. Risk of loss, damage or deterioration to any products will pass to you on delivery.

14. OWNERSHIP

• We remain the owner of all of the goods covered by an order until you have paid the full price for those goods plus any associated charges. Payments by cheque do not count until we receive payment on the cheque. Until you become the owner of particular goods, we may enter into any premises or vehicle if we have reasonable grounds to expect that we may find any part of the goods there. If you default in paying any part of the price or associated charges in connection with an order, we may re-take possession of the goods supplied under the order. 

15. PPSA Act

• In this clause, PPSA means the Personal Property Securities Act 2009 (Cth). If a term used in this clause has a particular meaning in the PPSA, it has the same meaning in this clause.

• You acknowledge that the PPSA applies to all transactions between us pursuant to these Terms or otherwise. You acknowledge that you hereby grant a security interest in all present and after acquired Orders and their proceeds as security for all monies now and in the future owing by you to us.

• You agree to do all such things and sign all such documents as are necessary and reasonably required to enable us to acquire a perfected security interest in all Products supplied and their proceeds and you hereby agree to provide such information as is required to enable registration of the Purchase Money Security Interest (“PMSI”) hereby granted, under the PPSA.

• You acknowledge that a PMSI is granted by you in priority to all other creditors in favour of us and in all Products that are supplied from time to time as security for your obligations to us.

• You will indemnify us for any liability for any costs of enforcement or discharge of the security interest.

• You will not, without notice, change your name or initiate any change to any financing statement, or act in any manner which would impact on the registered security interest of ours.

• You acknowledge and agree that we may apply to register a security interest in the Products at any time before or after delivery of the Products. You waive your right under s 157 of the PPSA to receive notice of any verification of the registration.

• We can apply amounts we receive from you towards amounts owing to us in such order as we choose.

• If you default in the performance of any obligation owed to us under these Terms or any other agreement with us to supply Products to you, we may enforce our security interest in any Products by exercising all or any of our rights under these Terms or the PPSA. To the maximum extent permitted by law, both parties agree that the following provisions of the PPSA do not apply to the enforcement by us of our security interest in the Products: sections 95, 118, 121(4), 125, 130, 132(3)(d), 132(4), 135, 142 and 143.

• Both parties agree not to disclose information of the kind mentioned in s 275(1) of the PPSA, except in circumstances required by sections 275(7)(b)-(e) of the PPSA.

• Nothing in this clause is limited by any other provision of these Terms or any other agreement between the parties.

• You agree that we hereby reserve the right at any time in our sole discretion to make such amendments, alternations and additions to this clause as we may in our sole discretion determine. Please check www.allplastics.com.au

16. GST

• If and when applicable, GST payable on our goods and services will be set out on our invoices. By accepting these Terms, you agree to pay us an amount equivalent to the GST imposed on these charges.

17. AUSTRALIAN CONSUMER LAW

• Under the Australian Consumer Law (“ACL”), consumers have certain rights which cannot be excluded, including guarantees as to the acceptable quality and fitness for purpose of goods and services.

• Nothing in these Terms shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the ACL) and which by law cannot be excluded, restricted or modified.

18. ORDER CANCELLATIONS/REFUNDS

• Any cancellation of orders must be made in writing, for our consideration.

• If you cancel your Order we may charge you 20% re-stocking fee or for the reasonable compensation, at our discretion, for all work performed and materials used in the execution of your Order up to the date of cancellation.

19. COPYRIGHT, TRADE MARKS AND OWNERSHIP OF RIGHTS

• The copyright, trademarks and other intellectual property rights contained within this Website, business, products and branding are owned by or licensed to us and are protected by Australian and international laws. Unless prior written permission from us has been is obtained, the use or misuse of any copyright, trademarks or intellectual property is forbidden. Intellectual Property includes but is not limited to:

• all present and future rights to intellectual property including inventions and improvements, trade marks (whether registered or common law trademarks), patents, designs, copyright, imagery, any corresponding property rights under the laws of any jurisdiction;

• all rights in respect of an invention, discovery, trade secret, secret process, know-how, concept, idea, information, process, data, formula or work product; and

• Research and development information, financial details and information, business plans, marketing plans and strategies, and any other information about Allplastics, its business, its products and services or plans.

• All work product developed in whole or in part by Allplastics.

20. LIMITATION OF LIABILITY

• To the extent permitted by law, we exclude all express or implied representations, conditions, guarantees and terms relating to our Products or services, this Website and this agreement, including but not limited to:

• implied or express guarantees, representations or conditions of any kind, which are not stated in these Terms or which cannot be excluded by law;

• the quality or fitness for purpose of our goods and services;

• the Website or the Products being unavailable; and

• any loss, damage, costs including legal costs, or expense whether direct, indirect, incidental, special, consequential and/or incidental, including loss of profits, revenue, production, injury, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss, or any loss or damage relating to business interruption, loss of programs or other data on your information systems or costs of replacement goods, or otherwise, suffered by you or claims made against you, arising out of or in connection with the Website, inability to access or use the Website, the Products, the services, the late supply of Products, or the Terms, even if we were expressly advised of the likelihood of such loss or damage.

• Allplastics shall not be under any liability whether in contract, tort or otherwise from any cause whatsoever, whether occasioned by negligence or otherwise, for any injury, damage or loss, including consequential damage or loss whether to persons or property, arising out of this contract or the goods supplied pursuant hereto including any defects therein or anything connected therewith or with repair or replacement or any other work related thereto.

• Subject to clauses 19.4 and 19.5, the maximum liability of Allplastics for any and all breaches of these Terms, arising out of or in connection with the products, or any negligent act or omission in relation to the supply of Goods will be capped at the amount of the price paid by you under these Terms.

• In the event that the Competition and Consumer Act 2010 (Cth) (or similar Australian legislation) applies to these Terms and permits the limitation of liability for breach of warranty implied by statute into these Terms, our liability is limited, at our option, to, in the case of Products, any one or more of the following:
  1. the replacement of the Products or the supply of equivalent Products;
  2. the payment of the cost of replacing the Products or of acquiring equivalent Products.

• Any of the terms and conditions contained herein which limit or exclude any term, condition or warranty, express or implied, or the liability of Allplastics shall apply to the extent permitted by law and shall not be construed as excluding, qualifying or limiting the buyer's statutory rights or remedies arising by virtue of the breach of any implied term of these Terms where such exclusion, qualification or limitation would be prohibited by legislation.

21. WARRANTIES AND LIABILITY

• We will comply with the terms of any express warranty we provide to you in writing in relation to the Products. Any express warranty given is in addition to and does not limit your rights under the ACL.

• We accept liability to you if we breach these Terms or act negligently under the principles applied by the courts, except for as set out in paragraphs 18.3 and 18.4.

• To the extent permitted by law, if we fail to comply with a statutory guarantee which by law may not be excluded, then to the extent the law permits us to limit our liability in respect of such failure, our liability, is limited to:

At our option to choose, In the case of goods:

• replacement or the cost of replacing the goods or supply of equivalent goods; or

• repair or the cost of repairing the goods; and

At out option to choose, In the case of services:

• Supplying the services again or payment of the cost of having the services supplied again.

• To the extent permitted by law, we are not liable to you for:

• any loss to the extent that it is caused by you, for example, through your negligence or breach of these Terms; and

• any indirect losses that happen as a side effect of the main loss or damage and which are not reasonably foreseeable loss to the extent that it is caused by you, for example, through your negligence or breach of these Terms.

• We are not obligated to accept the return of any undamaged Goods.

• To the extent permitted by law, we will not accept liability to the fitness of our products and services, if you choose to be an intermediary or make the purchase on behalf of a third-party beneficiary.

22. RETURNS

• All orders will be deemed to have been delivered in accordance with these Terms unless, within 7 days of delivery, you notify us in writing to This email address is being protected from spambots. You need JavaScript enabled to view it. of any claimed defect, shortage in quantity, damage or failure to comply with the your order.

• You shall provide us an opportunity to inspect the Goods promptly after any such claim is reported. All inspections must take place within 30 days following receivership of the goods, all goods must in resalable condition and be deemed free from defect or damages.

• Where we agree in writing that you are entitled to return your order, our liability is limited to, at our discretion, replacing the goods or refunding the price or crediting your account, provided that:

• You have complied with the provisions of clause;

• the order is returned in accordance with procedures specified by us;

• the Goods are returned undamaged in the condition in which they were delivered and with all packaging material, brochures and instruction material in as new condition as is reasonably possible in the circumstances; and

• Any returns must be returned to our warehouse as your cost.

23. INDEMNITY

• You indemnify us from and against all claims, suits, demands, actions, liabilities, costs and expenses (including legal costs and expenses on a full indemnity basis) resulting from your breach of the Terms. You agree to co-operate with us (at your own expense) in the handling of disputes, complaints, investigations or litigation that arise as a result of your use of our products including but not limited to disputes, complaints, investigations or litigation that arises out of or relates to incorrect information you have given us. The obligations under this clause will survive termination of these Terms.

24. DISCLAIMER

• The information contained on this Website is provided by us in good faith. To the best of our knowledge, the information is accurate and current. However, we and our directors, officers, employees, consultants or agents do not make any representation or warranty as to the reliability, accuracy or completeness of the information. Promotional codes can only be used once per customer.

• We reserve the right to cancel any order in which it appears that multiple accounts have been set up for the same customer.

• We may license, assign or sub-contract all or any part of its rights and obligations without the Buyer’s consent.
• Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the reasonable control of either party.
• The failure by the Seller to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect the Seller’s right to subsequently enforce that provision.

25. DAMAGE TO COMPUTERS OR OTHER DEVICES

• We take reasonable steps to ensure that our Website is free from viruses or other malicious or dangerous content, however we cannot guarantee that use of this Website will not cause damage to your computer or other devices.

• We will not be liable for any loss or damage caused by any such content that may infect your computer due to the use of this Website or any Website linked to it. It is your responsibility to make sure that you have the proper equipment and anti-virus software to use this Website safely.

• You must not misuse this Website by introducing technologically harmful material, including but not limited to, malware, viruses and trojans or by attempting or actually breaching the Website’s security mechanisms.

26. THIRD PARTY WEBSITES

• This Website may contain links to third party Websites. We are not responsible for the condition or content of those Websites as they are not under our control. You access those Websites and/or use the Website's products and services solely at your own risk.

• The links are provided solely for your convenience and do not indicate, expressly or impliedly, an endorsement by us of the Websites or the products or services provided on the Website.

• We will not be held responsible or liable for any direct or indirect loss or damages caused or alleged to have been caused by your use, of, or reliance on, any content, goods or services available on an external Website.

• Any concerns regarding an external link, should be directed to its responsible Website administrator or webmaster.

27. PRIVACY

• Please refer to our Privacy Policy.

28. SPAM

• Under no circumstance will we deliberately send you an electronic message without your consent. If you receive an unsolicited email from us, please let us know.

29. COOKIES

• A Cookie is a small data file that is stored by your web browser on your computer. For more information on our Online and Digital Service please see our Privacy Policy.

30. PASSWORD AND ACCOUNT SECURITY

• It is your responsibility in maintaining the confidentiality of your password and account and all activities that take place under your password or account. If you will be using a shared computer, ensure that you logout of your account at the end of each session.

• If you believe that there has been a security breach or misuse of your password or account, please let us know immediately. We will not be liable for any loss or damage that may occur as a result of your failure to comply with this clause.

31. WEBSITE CHANGES

• These Terms may be amended from time to time with notice, and we reserve the right to amend these Terms at our sole discretion, without prior notice and without incurring any liability to you.

• Your use of this Website following any such amendments will be deemed to be confirmation that you accept those amendments. We recommend that you check these Terms prior to each use of the Website.

32. WEBSITE UNAVAILABILITY

• We will not accept responsibility if this Website is unavailable to you as a result of computer downtime, malfunction or other factors beyond our control.

33. CORRECTION OF ERRORS

• Occasionally there may be content on this Website that contains typographical errors, inaccuracies or oversights relating to a product description, product image, price, promotion, special offer or availability. In this circumstance, we reserve the right to amend any typographical errors, inaccuracies or oversights and to correct or update content or cancel orders at any time without prior notice. Please note that this also applies to orders that have been submitted.
• If you believe that there is a typographical error, inaccuracy or oversights on this Website please contact us by email at This email address is being protected from spambots. You need JavaScript enabled to view it.

34. GENERAL

• FORCE MAJEURE

We will not be liable for any delay or failure to perform our obligations under the Terms if such delay is due to any circumstance beyond our reasonable control. If we are delayed from performing our obligations due to such a circumstance for a period of at least 3 months, we may terminate our agreement with you by giving you 5 business days' notice in writing.

• WAIVER

Any failure by a party to insist upon strict performance by the other of any provision in the Terms will not be taken to be a waiver of any existing or future rights in relation to the provision. No waiver by us of any of the Terms shall be effective unless we expressly state it is a waiver and we communicate to you in writing.

• TERMINATION

If you breach these Terms and Conditions, we reserve the right to immediately suspend, terminate or limit your access to this Website. A notice as outlined above will be sent to you.

• ASSIGNMENT

You must not assign any rights and obligations under the Terms whether in whole or in part without our prior written consent.

• SEVERABILITY

If any of the Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

• GOVERNING LAW

The laws of New South Wales govern these Terms. We make no representations that the content of this Website complies with the laws (including intellectual property laws) of any country outside Australia. If you access this Website from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the Website.

• ENTIRE AGREEMENT

These Terms and any document expressly referred to in them represent the entire agreement between you and us and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing.

COMMENTS

If you have any comments or concerns we welcome your feedback and suggestions. Please address feedback by email to This email address is being protected from spambots. You need JavaScript enabled to view it. .