Terms And Conditions

TankTrace provides fuel reconciliation and analysis services in connection with the operation of underground petroleum tanks. These services are supplied in accordance with the terms and conditions set out below.

1. Definitions
For the purposes of this Agreement:
Detection of a Leak – the capability to identify evidence of a release of 18 litres per day, with a minimum 95% probability of detection and a maximum 5% probability of false alarm.

Fuel Reconciliation Service – the services supplied by TankTrace under this Agreement, using TankTrace’s proprietary systems for monitoring and evaluating the performance and integrity of underground petroleum storage tanks, including but not limited to leak detection.

Agreement – the formal contract issued by TankTrace and accepted by the Client for the provision of services.

Client – any individual, partnership, business, or corporation engaging TankTrace for the Fuel Reconciliation Service.

2. Agreement Structure
These Conditions, together with any documents referenced in the Agreement, form the complete and binding contract between TankTrace and the Client. The Client may not assign or transfer its rights or obligations without prior written approval from TankTrace.

Where inconsistencies arise between these Conditions and the Agreement itself, the provisions of the Agreement will prevail. TankTrace is not bound until the Agreement has been formally executed.

3. Variations
Should the Client request changes to the Agreement that affect TankTrace’s costs or delivery timeframe, both parties may negotiate an equitable adjustment.

4. Pricing and Payment
Fees for the Fuel Reconciliation Service are set out by TankTrace and must be paid in accordance with the terms specified in the Agreement.

5. Service Warranty
TankTrace commits to using reasonable skill and care to analyse Client-provided data for leak detection and to advise on the performance of underground petroleum tanks.

6. Exclusion of Other Warranties
Except as explicitly provided in Clause 5, all warranties—statutory, implied, or otherwise—are excluded to the maximum extent permitted by law. The Client acknowledges that no representation, promise, or assurance has been given by TankTrace, its officers, or agents, beyond what is contained in this Agreement.

This exclusion does not apply where prohibited by legislation, including the Competition and Consumer Act 2010 (formerly Trade Practices Act 1974) or any relevant state laws.

7. Limitation of Liability
TankTrace shall not be liable for any direct, indirect, or consequential losses suffered by the Client or third parties as a result of reliance on the Fuel Reconciliation Service or its outputs, except as expressly provided in this Agreement.

Where liability cannot be excluded under law, TankTrace limits its responsibility, in accordance with section 64A of the Competition and Consumer Act 2010, to either re-performing the service or refunding its cost.

8. Delivery of Reports
TankTrace will send the results of the Fuel Reconciliation Service to the Client’s nominated email address as promptly as possible, or by any date mutually agreed in writing.

9. Ownership of Service Materials
All intellectual property and ownership rights in the Fuel Reconciliation Service and related software remain with TankTrace. Any data or documents supplied by the Client may be retained by TankTrace unless otherwise agreed in writing.

10. Default by Client
If the Client breaches any term of this Agreement, TankTrace reserves the right to cancel any outstanding services. No compensation shall be payable to the Client in such circumstances.

11. Confidentiality
Both TankTrace and the Client agree to maintain confidentiality regarding all enquiries, quotations, agreements, and any related communications.

12. Client’s Warranty
The Client guarantees that all information provided to TankTrace is accurate. The Client indemnifies TankTrace against any loss, claims, costs, or damages arising from inaccuracies or breaches of this warranty.

13. Insolvency
If the Client becomes insolvent, bankrupt, or enters liquidation or receivership, TankTrace may:
a) terminate the Agreement immediately by written notice, or
b) allow the receiver, liquidator, or equivalent to continue under the Agreement, subject to providing satisfactory guarantees for its performance.

14. Governing Law
This Agreement is governed by the laws of New South Wales, and the parties submit to the exclusive jurisdiction of its courts.

15. Waiver
Failure by TankTrace to enforce any term shall not constitute a waiver of its rights under that clause or any other provision of this Agreement.

16. Client Terms
Unless expressly agreed in writing by TankTrace, any terms and conditions issued by the Client will not form part of this Agreement.

17. Acknowledgement
By signing this Agreement, the Client confirms that they have read, understood, and agree to be bound by these Conditions, as updated and varied from time to time by TankTrace.