Terms & Conditions

The Customer agrees to these terms and conditions for all products and subscription services purchased on rklmtransport.com.au. An agreement is created between the Customer and RKLM Transport when the Customer completes a booking transaction on the website rklmtransport.com.au. On ticking the agree to terms checkbox on checkout, the Customer has acknowledged all of the following terms and conditions.

  1. Agreement definitions
  2. LPG purchases, price, equipment service charge and payment
  3. Equipment and premises
  4. Safety
  5. Period, continuations and termination
  6. Coupons and promotions
  7. Right of refusal
  8. Limited liability
  9. Indemnity
  10. Risk
  11. Jurisdiction
  12. Acceptance

1. Agreement Definitions

  • “the website” refers to the RKLM Transport website rklmtransport.com.au
  • “the customer” is the customer who is paying for the booked service at checkout
  • “the checkout” is the order completion process made by the customer on the website and confirms acceptance of RKLM Transport terms and conditions
  • “the subscription” is a scheduled term of subscription payments for residential gas services, which the customer commits to by completing the checkout process
  • “the fee” is the cost of the initial gas delivery fee, in addition to the subscription, the customer pays at checkout for hire of the equipment
  • “LPG” refers to Liquified Petroleum Gas and is the residential gas delivered to the customer after checkout completion of the order
  • “the equipment” means all Liquefied Petroleum Gas (LPG) storage or associated equipment lent by RKLM Transport to Customer

2. LPG purchases, price, equipment service charge and payment

  • All non-hire products are paid in full at the time of checkout
  • All equipment hire products have a minimum duration of 3 months and automatically renew for another 3 months with a subscription fee
  • All equipment hire subscription payments continue until the equipment hire is cancelled.  Subscriptions can be cancelled by notifying RKLM Transport via the contact form on the contact page or via email at least one month prior the renewal date.
  • Subject to this Agreement, the Customer must purchase and RKLM Transport must supply all of the Customer’s requirements of LPG at the Premises. RKLM Transport shall deliver that LPG (RKLM Transport LPG) in Cylinders or such other method as agreed.
  • The Price for RKLM Transport LPG sold to the Customer shall be that applicable as at the time of checkout and shall be in accordance with the Schedule and shall vary to be the amount as notified from time to time by RKLM Transport to the Customer. Such notification may be by email or invoice from RKLM Transport to the Customer email provided at checkout, or posting the new Price on RKLM Transport’ website which can be accessed by the Customer.
  • Price variations may be based on a number of factors, including variations in the world LPG pricing (presently being Saudi Aramco contract price), exchange rate fluctuations, haulage and transport costs, costs of carbon taxes or emissions trading and other commercial considerations. Their application may vary in timing & magnitude.
  • The Equipment Service Charge shall be in accordance with the Schedule and shall vary to be the amount as notified from time to time by RKLM Transport to the Customer. Such notification may be as provided in clause 3.2 hereof. The Customer must pay RKLM Transport for any Equipment Service Charge (plus any GST) without deduction via the credit card schedule automated by the subscription service.
  • LPG in the equipment Cylinder, and all equipment may be repossessed by RKLM Transport if a subscription payment fails and is not paid within 7 days.
  • If there is or is likely to be a shortage of RKLM Transport LPG or delivery facilities, RKLM Transport may ration its available supply of RKLM Transport LPG reasonably among its customers and is not obliged to replace any affected source of supply or delivery facilities, if it involves additional expense.

3. Equipment and premises

  • The Equipment means all Liquefied Petroleum Gas (LPG) storage or associated equipment lent by RKLM Transport to the Customer from time to time and includes all LPG Cylinders. The number of items of Equipment lent by RKLM Transport to Customer is, as at the commencement of this Agreement as set forth in the Schedule and is thereafter the number as taken from time to time from RKLM Transport’ computer onto RKLM Transport’ invoice for a service charge, which Customer accepts as correct (but not necessarily as complete), if Customer does not dispute that number in writing to RKLM Transport within 14 days after RKLM Transport sends Customer that invoice.
  • The Premises are referred to in the checkout order and schedule. Where the Premises include more than one address, there is a separate agreement between RKLM Transport and Customer for each of those addresses, on the same terms and conditions as set forth in this Agreement, save as varied by the written consent of RKLM Transport and Customer.
  • The Equipment remains at all times the sole property of RKLM Transport. The Customer must not purport to sell, encumber, part with possession of, or otherwise do anything prejudicial to RKLM Transport’ title to the Equipment. The Customer permits RKLM Transport to take all reasonable steps to perfect the security interest under the Personal Property Securities Act 2009 (PPSA). The parties agree to contract out of the following provisions of the PPSA, Sections 95, 96, 117, 118, 121(4), 130, 132(3)(d), 132(4), 142 and 143 and they do not apply to this Agreement. The Customer must keep legible and visible all trade marks and signs of RKLM Transport on the Equipment. The Customer must not remove the Equipment from the Premises during the currency of this Agreement.
  • Customer must hire the Equipment from RKLM Transport for the entire currency of this Agreement. The Customer must only use the Equipment to store and consume RKLM Transport LPG and not permit anyone other than RKLM Transport or persons authorised by RKLM Transport to fill LPG into the Equipment.
  • The Customer must account to RKLM Transport for all items of Equipment lent to Customer. The Customer must pay to RKLM Transport the replacement cost of any item of Equipment
  • which is rendered unusable or unsafe by damage or is lost or is removed from the Premises.
  • RKLM Transport is irrevocably authorised to enter the Premises at all reasonable times to exercise any of its rights or perform any of its obligations under this Agreement or to do any act ancillary thereto.

4. Period,continuation and termination

  • Subject to the following, this Agreement is for the Initial Period and continues thereafter for periods equivalent to the Automatic Renewal Period until terminated by either party giving at least one month notice in writing to the other via email, ending on or at any time after the end of the Initial Period or each Automatic Renewal Period.
  • If the Customer wishes to terminate this Agreement in order to seek LPG supplies from an alternative supplier, the Customer agrees that before giving notice of termination to RKLM Transport, the Customer will give RKLM Transport the opportunity to negotiate for continuing supply on agreed terms and conditions. If Customer is not satisfied with these negotiations, then the Customer may terminate this Agreement with one months notice
  • RKLM Transport may terminate this Agreement by notice to Customer forthwith if the Customer fails to perform their obligations of this Agreement and fails to rectify that non performance within seven (7) days of notice thereof by RKLM Transport to the Customer, or RKLM may terminate and repossess without notice for breach of the Safety terms and conditions.
  • On termination whether by expiry of time or otherwise and without limiting any claim RKLM Transport may have for damages:
  • RKLM Transport shall be immediately entitled to possession of the Equipment together with any RKLM Transport LPG owned by RKLM Transport, and the Customer must make the Equipment together with any RKLM Transport LPG owned by RKLM Transport, available for collection by RKLM Transport at the Premises; and
  • Customer must pay to RKLM Transport the replacement cost of such of the Equipment as is not so made available for collection by RKLM Transport.
  • To repossess the Equipment and any RKLM Transport LPG owned by RKLM Transport, RKLM Transport may enter upon the Premises or any other premises on which RKLM Transport reasonably believes the Equipment or that LPG to be and to effect any such entry or repossession may remove or open any obstruction or entrance and sever detach and dismantle the Equipment from the Premises or any vehicles land or property to which the Equipment may have become affixed.
  • Upon repossession of the Equipment, RKLM Transport shall pay or credit to the Customer’s account the value of the Customer’s LPG in the Equipment.
  • The Customer’s business at the Premises includes the rights granted to the Customer under this Agreement. The Customer must assign this Agreement to any new operator of the Customer’s business at the Premises. The Customer must immediately notify RKLM Transport of any impending sale or transfer of ownership of the Customer’s business. Any invalidity of a provision hereof shall not affect the validity of any other provision. A waiver of an obligation is not a continuing waiver.

5. Safety

The Customer agrees to RKLM Transports safety requirements for residential gas services and RKLM Transport reserve the right to cancel services if safety is not to an acceptable standard.

In respect of RKLM Transport LPG and the Equipment, Customer must:

  • Inspect the Cylinders regularly and notify RKLM Transport by telephone immediately upon becoming aware of any defect in them;
  • Ensure that all persons who handle RKLM Transport LPG or use the Equipment are fully trained to do so in a safe and proper manner and are informed of and fully understand all relevant laws and statutory regulations and instructions of RKLM Transport relating thereto;
    • handle them only in a safe manner;
    • comply with all laws and all requirements of any statutory authority and with RKLM Transport’ reasonable instructions relating to handling or storage;
    • not use or repair the Equipment, if it is not, or appears to Customer not to be, in good working order;
    • exercise every care in handling the Equipment and afford it all reasonable protection from misuse and damage (fair wear & tear excepted).

The Customer must indemnify RKLM Transport for all losses and claims and demands arising in respect of a breach of safety

6. Coupons & Promotions

  • Coupons and promotions are issued according to the terms of promotional use and are not redeemable for any monetary value.
  • Awareness of a promotion, or possession of a coupon or promotional device without application via the intended use to purchase a product on RKLM’s website holds no monetary value to the holder and no service obligation to RKLM Transport.
  • RKLM Transport may limit or terminate any coupon or promotion at anytime at it’s own discretion.

7. Right of Refusal

RKLM Transport may refuse to complete an installation or delivery of booked products and services due to difficulty of installation, or for other reasons determined by RKLM Transport.

8. Limited Liability

It is a condition of the booking the liability of RKLM Transport, its servants, agents, employees and subcontractors is agreed to be limited in accordance with the Limitations of Liabilities and that any claim for loss or damage must be notified in writing within 7 days and any court action, suit or proceeding must be brought with 365 days.

9. Indemnity

The Customer agrees to indemnify and hold harmless RKLM Transport, their agents, employees and subcontractors, from and against any and all losses, claims, actions, costs, expenses, fees, damages, fines and liabilities (including reasonable legal fees) caused by any negligent act or omission by the Customer including:

  • Failure to follow any reasonable direction given by RKLM Transport;
  • Failure to comply with any of these terms or conditions;
  • Failure to comply with any warning signs;
  • Unreasonable or unsafe behaviour;
  • Wilful misuse of the equipment hired or purchased.

10. Risk

The Customer agrees there are inherent risks and dangers with gas, battery, auto and marine products and services and they take delivery of such services at their own risk and having agreed to the safety conditions.

RKLM Transport is not liable to the Customer for any damage or loss of property, direct loss, indirect loss, economic loss, consequential loss, loss of profit or loss of business opportunity or any other loss or other damage arising out of any occurrence constituting negligence or breach of this Agreement. All RKLM Transport LPG in the Equipment is at Customer’s risk.

11. Jurisdiction

The laws of Queensland govern this agreement and the parties agree to submit to the jurisdiction of the Courts of Queensland in respect of any disputes arising between them.

12. >Acceptance

By completing the website checkout, checking the acceptance of terms and conditions and paying, the Customer agrees to be bound by these Terms and Conditions. The Customer acknowledges they have read and understood these Terms and Conditions.