1. Our Services

TPSA coordinates commercial fuel supply and delivery services across Australia through a network of fuel suppliers, distributors, carriers and other service partners. Services may include 24/7 fuel delivery, emergency fuel delivery, bulk fuel delivery, onsite fuel delivery, scheduled fuel supply and multi-site fuel coordination.

The exact scope, fuel type, quantity, price, delivery location, delivery window and other requirements for a particular supply will be set out in the relevant quote, order confirmation, invoice, account terms or written communication.

2. Enquiries, Quotes and Orders

Submitting an enquiry does not create an obligation on either party to proceed. Unless a quote states otherwise, a quote is an invitation to place an order and is subject to supplier availability, market conditions, delivery capacity, site requirements and any stated validity period.

An order becomes binding when we confirm acceptance in writing, accept payment, commence performance, or otherwise clearly confirm that the order has been accepted.

You must check all quote and order details before accepting them and promptly notify us of any error or change.

3. Fuel Pricing and Price Changes

Fuel markets can move quickly. Prices may be affected by wholesale fuel prices, location, quantity, taxes, duties, delivery costs, supplier availability, timing, access requirements and other market or operational factors.

A quoted price applies only for the validity period and on the assumptions stated in the quote. If circumstances materially change before an order is accepted, we may issue a revised quote. Once an order is accepted, the agreed price will apply except where the accepted quote or order expressly allows an adjustment, or where a change is requested by you and we agree to it.

Unless stated otherwise, prices are in Australian dollars and are exclusive of GST. GST and any other applicable taxes or charges will be added where required by law.

Meaning of “best price” or similar claims
Where PS Australia uses wording such as “best price”, “best available price” or similar, it means the most competitive price we identify from the participating suppliers and delivery options reasonably available to us for that request, location and time. It is not a guarantee that the price is lower than every other price available in the Australian market.

4. Fuel Partners and Third-Party Providers

We may use third-party fuel suppliers, carriers, drivers, contractors, technology providers and other service partners to respond to enquiries and fulfil services. The contracting and fulfilment structure for a particular order may be identified in the quote or order confirmation.

We will use reasonable care in selecting and coordinating service partners. Nothing in these Terms excludes responsibility that cannot lawfully be excluded, including any responsibility we have under the Australian Consumer Law (ACL) or other applicable law.

5. Delivery Availability and Timing

We aim to coordinate delivery within the agreed or estimated delivery window. Unless a delivery time is expressly stated to be guaranteed in writing, delivery times are estimates and may be affected by supplier availability, traffic, weather, road conditions, site access, safety requirements, mechanical issues, regulatory restrictions, emergencies and other matters outside our reasonable control.

You must ensure that a person authorised to receive the delivery is available where reasonably required and that the site is ready for delivery at the agreed time.

6. 24/7 and Emergency Delivery

Our 24/7 and emergency services are designed to help customers with urgent fuel requirements. Availability depends on location, fuel type, quantity, supplier capacity, transport capacity, site conditions and other operational factors.

We will use reasonable efforts to source and coordinate an available emergency delivery option, but submitting an emergency request does not guarantee that fuel can be delivered within a particular period unless we expressly confirm that timing in writing.

7. Customer Responsibilities

You must:

• Provide complete and accurate information about the fuel type, quantity, delivery location, required timing and site contact details;
• Ensure you are authorised to request and receive the fuel and services;
• Ensure the delivery site can be lawfully and safely accessed by the delivery vehicle and personnel;
• Provide accurate site access instructions and disclose known hazards, restrictions, height or weight limits, difficult terrain, security requirements or other material conditions;
• Ensure tanks, equipment, containers, connections and storage facilities are suitable, safe, compliant and compatible with the fuel ordered;
• Obtain and maintain any licences, permits, approvals and site permissions required for receipt, storage or use of the fuel;
• Ensure appropriate personnel are available to supervise or receive the delivery where required; and
• Comply with applicable work health and safety, environmental, dangerous goods, fire safety and other laws and site rules.

A driver or supplier may refuse, suspend or stop a delivery if they reasonably believe the site, equipment, access or instructions are unsafe, unlawful or inconsistent with the agreed delivery requirements.

8. Fuel Type, Quantity and Compatibility

You are responsible for ordering the correct fuel type and confirming compatibility with your vehicles, machinery, generators, storage tanks and other equipment. We will use reasonable care to arrange the fuel type and quantity specified in the accepted order.

Where quantity is measured by approved delivery or metering equipment, the recorded delivered quantity will be used for invoicing unless there is clear evidence of error.

9. Failed or Delayed Delivery Caused by Site Conditions

If a delivery cannot be completed, is materially delayed or requires additional work because information supplied by you was inaccurate or incomplete, the site is inaccessible or unsafe, suitable storage is unavailable, or your site or personnel are not ready, you may be responsible for reasonable additional or wasted costs actually incurred, to the extent permitted by law and disclosed or reasonably foreseeable in the circumstances.

10. Cancellations and Changes

If you need to change or cancel an accepted order, contact us as soon as possible. We will take reasonable steps to accommodate the request, but changes are subject to supplier and carrier availability.

Where an accepted order is cancelled after a supplier, carrier or contractor has committed resources or incurred non-recoverable costs, you may be required to reimburse reasonable costs actually incurred as a result of the cancellation, to the extent permitted by law. We will not impose a fee that is a penalty or otherwise unlawful.

11. Payment

Payment terms will be set out in the quote, invoice, account arrangement or order confirmation. You must pay all correctly invoiced amounts by the due date using an accepted payment method.

If an amount is genuinely disputed, you should notify us promptly with reasonable details of the dispute and pay any undisputed amount when due. We may recover reasonable debt-recovery costs where permitted by law and may suspend further supply for overdue undisputed amounts after giving any notice required by law or the applicable account terms.

12. Title and Risk

Unless the accepted quote or order states otherwise, risk in fuel passes to you when the fuel is delivered into your nominated tank, equipment or storage facility, or otherwise placed under your control at the delivery site. Title passes at the time stated in the accepted quote or account terms, or if no time is stated, on delivery.

13. Australian Consumer Law

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy under the Competition and Consumer Act 2010 (Cth), the Australian Consumer Law or any other law that cannot lawfully be excluded, restricted or modified.

Where the ACL applies, services may come with statutory guarantees, including that services are provided with due care and skill, are fit for a disclosed purpose in relevant circumstances, and are supplied within a reasonable time where no time is fixed.

Where permitted by the ACL for services not ordinarily acquired for personal, domestic or household use or consumption, our liability for a failure to comply with an applicable guarantee may be limited, at our option, to supplying the services again or paying the reasonable cost of having the services supplied again.

14. Liability

To the maximum extent permitted by law, and subject to section 13, neither party is liable to the other for indirect or consequential loss that was not reasonably foreseeable at the time the contract was formed, including loss of profit, revenue, opportunity or business interruption, except to the extent such liability cannot lawfully be excluded.

Nothing in these Terms limits liability for fraud, wilful misconduct, death or personal injury caused by negligence, or any liability that cannot lawfully be limited or excluded.

Each party must take reasonable steps to mitigate loss or damage arising from a breach or service issue.

15. Indemnity

To the extent permitted by law, you indemnify PS Australia against third-party claims, losses and reasonable costs arising directly from your unlawful or negligent acts or omissions, unsafe site conditions under your control, inaccurate material instructions, or use or storage of fuel contrary to law or manufacturer requirements, except to the extent the claim, loss or cost was caused or contributed to by PS Australia or a person for whom PS Australia is legally responsible.

16. Force Majeure and Events Beyond Reasonable Control

A party is not liable for delay or failure to perform an obligation, other than an obligation to pay money already due, to the extent caused by an event beyond its reasonable control. Examples may include extreme weather, natural disaster, fire, flood, road closure, industrial action, war, civil disturbance, government action, supply disruption, terminal outage, infrastructure failure, cyber incident or major transport disruption.

The affected party must take reasonable steps to minimise the impact and resume performance when reasonably possible.

17. Website Use

You may use our website only for lawful purposes. You must not misuse the website, attempt unauthorised access, introduce malicious code, interfere with security or operation, scrape or reproduce content contrary to law, impersonate another person, or use the website in a way that infringes the rights of others.

We may modify, suspend or withdraw website features for maintenance, security or business reasons. We do not guarantee that the website will always be uninterrupted or error-free.

18. Website Information and Third-Party Links

Website content is general information and may change. While we take reasonable care to keep material current, availability, fuel pricing, delivery times, coverage and service details must be confirmed for each request.

Our website may link to third-party websites. Those sites are controlled by third parties, and we are not responsible for their content, security, availability or privacy practices.

19. Intellectual Property

Unless otherwise stated, the website and its content, including text, graphics, branding, layout and original materials, are owned by or licensed to PS Australia and are protected by applicable intellectual property laws. You may view and use the website for legitimate personal or business purposes connected with our services, but may not reproduce, modify, distribute or commercially exploit protected content without permission or another lawful basis.

20. Privacy and Electronic Communications

We handle personal information in accordance with our Privacy Policy and applicable law. If we send commercial electronic messages, we will comply with applicable Australian spam laws, including requirements relating to consent, sender identification and unsubscribe functionality.

21. Confidential Information

Each party must keep confidential information received from the other party confidential and use it only for the purpose for which it was disclosed, except where disclosure is authorised, required by law, already public through no breach, or made to professional advisers or service providers who are subject to appropriate confidentiality obligations.

22. Complaints and Disputes

If you have a concern about a quote, delivery, invoice or service, contact us promptly so we can investigate. The parties should first try in good faith to resolve a dispute through direct discussion before commencing court proceedings, except where urgent relief is required or a statutory right permits immediate action.

Nothing in this section prevents a consumer from exercising rights under the Australian Consumer Law or contacting a regulator or other body where permitted by law.

23. Changes to These Terms

We may update the website version of these Terms from time to time. Updated Terms apply to future website use and to future quotes or orders that incorporate them. They do not retrospectively change an accepted order unless the parties agree or the law permits the change.

24. Severability and Waiver

If any provision of these Terms is invalid or unenforceable, it is to be read down to the minimum extent necessary or, if that is not possible, severed without affecting the remaining provisions. A failure or delay in exercising a right does not waive that right.

25. Electronic Communications

You agree that notices, quotes, order confirmations, invoices, consents and other communications may be provided electronically where permitted by law. Electronic acceptance, including clicking an acceptance control, replying with acceptance, paying an invoice or otherwise acting to accept an offer, may form a binding contract where the legal requirements for contract formation are met.

26. Governing Law

These Terms are governed by the laws of [INSERT STATE OR TERRITORY], Australia, and the laws of the Commonwealth of Australia that apply there. Subject to any non-excludable statutory rights, each party submits to the jurisdiction of the courts of that State or Territory and courts entitled to hear appeals from them.

27. Contact Us

Fuel Up Services Pty Ltd trading as PS Australia (Petrol Services Australia) Email: info@ps-australia.com.au