Terms & Conditions

HILLS GAS SUPPLY (“HILLS GAS”): RESIDENTIAL & COMMERCIAL TERMS AND CONDITIONS OF TRADE (“TERMS”)

By accepting supply of LPG in Hills Gas’ owned gas Cylinders (“Cylinder/s”), You agree to be bound by these Terms. These Terms apply unless varied with the prior written consent of Hills Gas.

“You” means our residential or commercial customer and, if Hills Gas opens an account with You, the person/s named in that account; and

“LPG” means the liquefied petroleum gas we supply to You in Hills Gas’ Cylinders.

1. Payment & Supply Terms for LPG Supply
   1. LPG is supplied to You strictly on a cash on delivery (“COD”) basis for the full purchase price quoted by Hills Gas, as may be varied by Hills Gas from time to time.
   2. Hills Gas will supply such quantities of LPG as You reasonably require, subject to available stocks held by Hills Gas. Hills Gas may ration its available supplies of LPG if there is likely to be a supply shortage of LPG.
   3. Hills Gas Supply is not liable for any loss or damage if it is unable to supply LPG to You for a reason beyond its control.
   4. Hills Gas need not deliver LPG to You if You breach any of these Terms.
   5. Hill Gas need not supply LPG to You if You are late paying any moneys due to Hills Gas.
   6. Hills Gas may also suspend supply of LPG to You until all outstanding amounts have been paid.
   7. If You either fail to pay any money which You are due to pay Hills Gas, or fail to rectify a breach of any other obligation You have to Hills Gas within seven (7) days of a request that You rectify that breach, Hills Gas may immediately terminate Your rights under these Terms.
2. Supply Terms for Hills Gas Cylinders
   1. The Cylinders in which LPG is supplied by Hills Gas are, and will at all material times remain, the sole property of Hills Gas.
   2. Service fees are payable by you either annually (or part thereof) or monthly (or part thereof) in advance for the maintenance and upkeep of Cylinders supplied by Hills Gas (Cylinder Fee).
   3. Payment of the annual or monthly Cylinder Fee is required in advance. Cylinder Fees are applicable to the relevant period or any part thereof. Payment is required by the due date specified in Hills Gas’s invoice which will be emailed to you (Cylinder Fee Invoice).
   4. If You pay our Cylinder Fee Invoice You are deemed to have admitted to being in possession or control of the number of Cylinders referred to in the Cylinder Fee Invoice.
   5. Hills Gas will only deliver Cylinders to an installation which has been certified as compliant. You agree that no one other than a suitably authorised and licensed person will be permitted to install any further appliances or make alterations or additions to an existing installation.
   6. The Cylinders cannot be transferred from the premises at which they were installed to any other premises without the prior written authority of Hills Gas.
   7. You must not assign, charge, lease or otherwise deal with the Cylinders in such a manner as to create a security interest over the Cylinders in favour of Yourself or any third party.
   8. You will allow only Hill Gas, and no other supplier, to refill the Cylinders and only with LPG.
   9. You must not allow any Cylinder to be used other than for the storage, transport or use of LPG supplied by Hills Gas.
   10. You grant to Hills Gas and its representatives an irrevocable licence to enter any land or premises for the purpose of inspecting, seizing or otherwise enforcing Hills Gas’ rights in respect of Cylinders under these Terms and indemnify Hills Gas for any claims for damage to property or personal injury as a result of exercising those rights. If Hills Gas seizes or retakes possession of any Cylinders, it may deal with them as it thinks fit.
   11. You must keep the Cylinders in good order and condition. You will be responsible for any damage to, or theft of, the Cylinders.
   12. You remain responsible at all times for the return of the Cylinders to Hills Gas in a clean, serviceable condition with the Hills Gas logo intact.
   13. LPG will be supplied by Hills Gas at the LPG price applicable from time to time to meet your reasonable requirements.
   14. You agree to pay Hills Gas for LPG at the time of order unless we agree to conduct an account with you, in which case you agree to pay us within seven (7) days of a Cylinder Fee Invoice being issued to you or other due date stated in the Cylinder Fee Invoice.
   15. If you fail to pay for LPG by the due date for payment, Hills Gas is entitled to charge late payment fees, recovery costs and interest on overdue balances.
   16. LPG prices are variable and subject to change with each delivery. You will be notified of the price on your invoice.
   17. Cylinder Fees will vary from time to time, and you will be notified by invoice.
   18. The connection of LPG Cylinders will be completed by our delivery driver where access to the site is available and where it is suitable and safe for them to do so.
   19. You will need to ensure that you provide us with appropriate vehicular access (as close as practicable) to the LPG Cylinder installation site, with a flat/level area, for the safe unloading of LPG Cylinders.
   20. LPG Cylinder installations must be located in an area where access is clear, trolley access is available, gates are unlocked and any dangerous animals restrained. While site conditions may change over time, it is the customer’s responsibility to ensure adequate maintenance and upkeep of the Cylinder delivery area and LPG Cylinder installation area, allowing us clear and safe access.
   21. Where these requirements cannot be met, the customer can make alternative arrangements with Hills Gas for Cylinder delivery, which may include leaving a Cylinder at an agreed location on the property and/or where the customer agrees to connect the Cylinder to the LPG installation.
3. Change of Address
   You must give Hills Gas at least three (3) business days advance notice of any change of address or new ownership of the property where the Cylinders are situated.
4. Termination of Agreement
   1. In addition to the specific grounds for termination referred to in subclause 1(g) above, this agreement may also be terminated by either you or us at any time by giving not less than one (1) business days’ notice of termination.
   2. You will pay Hills Gas its costs on an indemnity basis (including legal fees and disbursements) of:
      1. repossession of the Cylinders; and
      2. recovery of any overdue payment including legal costs and disbursements incurred in so doing.
   3. On termination of the agreement you must make the Cylinders available for collection.
   4. In the event that you are unable to return a Cylinder, you must pay Hills Gas the replacement cost of the Cylinder, on demand.
   5. No credit or other allowances will be made for gas remaining in returned Cylinders.
5. If any of the Cylinders cannot be located, or are damaged, You are liable for the full replacement cost of the Cylinder as may be current at the time of loss or damage.
6. If any of the Cylinders cannot be located, or are damaged, You are liable for the full replacement cost of the Cylinder as may be current at the time of loss or damage.If any of the Cylinders cannot be located, or are damaged, You are liable for the full replacement cost of the Cylinder as may be current at the time of loss or damage.
   1. entered into an agreement to sell Your business (if you are a commercial customer);
   2. become insolvent; or
   3. become subject to the control of an administrator, receiver, manager, liquidator or trustee in bankruptcy.
7. If You are a commercial customer and sell Your business:
   1. You must, prior to settlement, cause a stock take to be undertaken of the Cylinders in your possession, and Cylinders which cannot be located or are damaged, and provide the result of the stocktake to Hills Gas forthwith;
   2. You must take all necessary steps to cause this supply agreement to be novated to the buyer.  If this agreement is not novated, subclauses (iii) to (v) below will apply;
   3. In respect of Cylinders which cannot be located or are damaged, You must pay for their full replacement cost in accordance with clause 5 on or before the settlement date of the sale of Your business;
   4. In respect of Cylinders in your possession, unless Your buyer agrees in writing to take over the Cylinders and accept these terms and Terms of this supply agreement, You must make the Cylinders available for collection by Hills Gas prior to settlement; and
   5. You must not disclose these Terms and all related information and document(s) to unauthorised representatives or third parties, except to the extent disclosure is permitted by these Terms or required by law.
8. You must give Hills Gas at least ten (10) business days’ written notice before You vacate Your premises.
9. Personal Property Securities Act 2009 (PPSA)
   1. These Terms constitute a security agreement.
   2. Hills Gas’ interest in the Cylinders supplied to You is a security interest.
   3. You consent to Hills Gas registering its security interest on the Personal Property Securities Register and agree to provide all assistance reasonably required by Hills Gas to facilitate registration.
   4. You waive any rights to receive any notice under the PPSA (including notice of verification statement) unless the notice is required by that Act and cannot be excluded.
   5. You agree that these Terms and all related information and document(s) and other Confidential Information are confidential and will not be disclosed to unauthorised representatives or third parties, except to the extent disclosure is permitted by these Terms or required by law.
   6. Expressions defined in the PPSA have the same meaning when used in this agreement.
10. Limitation of our liability.
    1. If Hills Gas become liable to You for any breach of warranty or condition implied by law, its liability will be limited to either the replacement or supply of equivalent LPG or services or paying the cost of acquiring equivalent LPG and services.
    2. These Terms and Terms do not modify or restrict the guarantees and other legal rights provided under the Competition and Consumer Act 2010 (Cth) (including the Australian Consumer Law) (CCA) or State and Territory laws.
    3. Except as specifically stated in these Terms and Terms and the CCA, Hills Gas provides no further guarantees, warranties or other representations under these Terms and Terms.
    4. Hills Gas’s liability for these guarantees, warranties or other representations is limited to the maximum extent the law allows.
    5. Hills Gas is not responsible for damage to your equipment (including regulators and associated fittings) resulting from normal wear and tear or misuse.
11. Changes to Terms.
    Hills Gas may change these Terms with effect from (2) business days after the date that notice is given to You by post, email transmission or on its website.