Terms of use

This website is owned by Orica Limited (ABN 24 004 145 868) of 1 Nicholson Street, Melbourne, Victoria, 3000, Australia ("Orica"). If you use Orica's website, you are agreeing to be bound by the terms and conditions listed below and any other laws or regulations which apply to this website.

Copyright Statement

1. All copyright in the website design, text, graphics, the selection and arrangement thereof, and all software relating to this website belongs to or is licensed by Orica. This copyright is protected by Australian and international copyright laws.
2. Subject to paragraph 3, no material from this website may be copied, reproduced, distributed, modified, uploaded, transmitted, reused, re-posted, published or framed within another website without Orica's prior written permission.
3. Orica grants you permission to download one copy of the material on this website in the usual course of operating your web browser, for your personal non-commercial use. You may also print hard copies of the material on this website for non-commercial use, provided you retain all copyright and other proprietary notices on that material.

Trade Mark Statement
All trade marks, service marks, trade names, branding and get-up (trade dress) on this website belong to Orica or its licensors. Orica does not give you any licence or right to use them.

General Disclaimer

1. This website has been compiled by Orica on the basis of current general information. Changes in circumstances after publication may affect the completeness or accuracy of this information. To the maximum extent permitted by law, Orica disclaims all liability for any errors or omissions contained in this information or any failure to update or correct this information. It is your responsibility to assess and verify the accuracy, completeness and reliability of the information on this website, and to seek professional advice where necessary.
2. Nothing contained on this website is to be interpreted as a recommendation to use any product, process or formulation or any information on this website in a manner which infringes the intellectual property rights of any person, company or entity. Orica makes no representations or warranties that use of the information on this website will not infringe such intellectual property rights.
3. Orica makes no representation that the products displayed on this website are currently available or that their specifications are current and complete. Display of any product does not constitute an offer or undertaking by Orica.
4. Orica makes this website and its contents available on an "as is" basis. Orica makes no representations or warranties of any kind with respect to this website or its contents. To the maximum extent permitted by law, Orica disclaims any such representations or warranties as to the completeness, accuracy, merchantability or fitness for purpose of this website, including without limitation the information on this website, products referred to on this website and any email correspondence between you and Orica.
5. Nothing contained on this website amounts to an invitation to deal in shares or other securities issued by Orica. Please seek independent professional advice before making a decision to invest in Orica.

1. The use of the information on this website is at your own risk. Orica, its directors, employees, shareholders, agents and other representatives will not, under any circumstances, be liable for any injury, loss or damage arising out of or related to the use, or inability to use, the information on this website or provided through this website by email.
2. This limitation of liability includes, but is not limited to, compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and third party claims.

1. As a user of any Orica website you are responsible for ensuring your hardware and software is free from viruses, worms, and other harmful or destructive content.
2. Orica disclaims any harm resulting from any information, links, files, sound, video, graphics, software or other materials ("content") downloaded or used from Orica websites. Under no circumstances will Orica be liable in any way for any content, including, but not limited to, errors, inaccuracies, omissions or any loss or harm, incurred by use of the content made available by the website.

1. Orica permits linking to this website, provided that the full html page is loaded. Any such links must not incorporate Orica's trade marks or service marks, and must not be used to disparage or otherwise detrimentally affect the reputation of Orica or its related corporations.
2. Information on this website may include links to the websites of others, including, without limitation, Orica share price information supplied by the Australian Stock Exchange. These links are provided for your convenience only. Orica does not endorse, guarantee or approve the content or accuracy of these websites, and does not recommend the products, services or information on these websites.
3. Orica does not warrant that information on any third party websites is free from computer viruses or any defects, errors or infringements of intellectual property rights, nor does Orica authorise any such infringement by providing these links.
4. Orica disclaims liability for any loss or damage whatsoever arising from your use of links to third party websites.

When you use this website our Internet Service Provider (ISP) may make a record of your visit and log your server address, your domain name, the date, time and duration of your visit, the pages and documents you accessed, the previous site you had accessed (ie, the referring url) and the type of browser you are using.

This information is collected for statistical purposes only, and Orica will not make any attempt to identify users according to their browsing activity. It is also possible that your Internet Service Provider (ISP) is logging your activity while you visit our site. This is obviously beyond the control of Orica.

While you are visiting our site we may use cookies to facilitate a more personalised web browsing experience. Except where you volunteer personal or business information we will not procure information about you via any alternative means while you visit our site. Any personal or business information which you do supply will only be used internally at Orica and will not be divulged to a third party unless that third party is integral to the purpose for which you gave us your information (eg, delivery companies will be supplied with delivery information) or where required by law. We will only use information about you for the purpose for which you gave us that information. If we need to use information about you for any other purpose we will only do so after first obtaining your consent.

While Orica employs advanced data encryption technology when interfacing with its customers, suppliers and other partners, users should be aware that there is a minimal inherent risk in transmitting any data electronically. This risk is inherent in all Internet dealings. To read Orica's Privacy Statement please click here.

Unsolicited ideas

1. It is Orica's policy not to accept information from third parties which is confidential or proprietary. If you wish to retain the confidentiality of your material, do not submit it to us via email or otherwise.
2. Any unsolicited ideas you submit to Orica will become Orica's property, and Orica may reproduce, disclose, transmit, broadcast or otherwise use those ideas, without any obligation to compensate you. This will apply even if your material includes a statement as to confidentiality contrary to these terms of use.

You agree to indemnify Orica, its directors, employees, shareholders, agents and other persons involved in the creation of this website for all damages, losses, penalties, fines, expenses and costs (including legal costs) which arise out of or relate to your use of this website, any information that you provide to Orica via this website or any damage that you may cause to this website. This indemnification includes, without limitation, liability relating to copyright infringement, defamation, invasion of privacy, trade mark infringement and breaches of the Australian Trade Practices Act 1974 (Cth).

Jurisdiction

1. If a dispute arises regarding these terms of use, the laws of the State of Victoria, Australia, will apply. In relation to any such dispute, you agree to submit to the non-exclusive jurisdiction of the courts of the State of Victoria, Australia, and the courts of appeal from them, and waive any rights that you may have to challenge the appropriateness of that forum.
2. If you access this website in a jurisdiction other than Victoria, Australia, you are responsible for compliance with the laws of that jurisdiction, to the extent that they apply.
3. If the information on this website is translated into or presented in languages other than English, the English version of that information will be authoritative in relation to any disputes regarding its interpretation.

Conditions of Sale

The sale and purchase of products and services from this website will be governed by these terms and conditions ("Conditions of Sale").

1. Definitions

In these Conditions of Sale:

1. "Buyer" means the person to whom any quotation is made, any person offering to contract with Orica on these terms and conditions and any person who purchases Goods from Orica via the Website.
2. "Contract" means any contract for the sale or supply of Goods entered into between Orica and the Buyer via the website.
3. "Goods" means all products and services agreed to be supplied by Orica to the Buyer under any contract, arrangement or understanding between Orica and the Buyer via the Website.
4. "Order" means an order submitted by the Buyer to Orica via the electronic order form on the Website.
5. "Orica" means Orica Australia Pty Ltd and its agents, servants and employees and any related bodies corporate as defined in the Corporations Law (if such related body corporate is named as the party making or accepting the Buyer's order of Goods).
6. "Quoted Date" means the date of delivery being 14 days after submission of an Order
7. "Statutory Provisions" mean the provisions of any Australian state or national laws that apply to the Contract.
8. "Website" means the Dulux on-line internet shop front at http://www.dulux.com.au

2. Contract Terms

The Contract will consist of the following terms and conditions:

1. any existing supply agreement or standing order between Orica and the Buyer;
2. these Conditions of Sale; and
3. the Terms of Use of the Website.

Any inconsistency between the above documents will be resolved by applying those documents in the order listed above provided that the entire agreement clause in an existing supply agreement or standing order between Orica and the Buyer will not apply to the Contract.

The Buyer will be deemed to have accepted the terms and conditions of the Contract by submitting an Order via the Website. If the Buyer does not agree to these terms and conditions, the Buyer must click here www.dulux.com.au to exit the on-line shop. The Buyer agrees that the terms of the Contract shall in all circumstances prevail over the Buyer's terms and conditions of purchase (if any).

 Orca reserves its right to change these Conditions of Sale and the Terms of Use of the Website at any time without notice. The amended Conditions of Sale and Term of Use of the Website will take effect from the day on which they are posted on the Website and the Buyer will be taken to have agreed to the amended Conditions of Sale if the Buyer uses the Website after such amendments have been made.

3. Contract Formation

Neither the display nor advertisement of any Goods or the Order form on the Website constitute an offer to sell those Goods. Any Order made by the Buyer will be an offer by the Buyer to purchase the requested Goods at the prices shown on the Website at the time the Order is submitted and in accordance with these Conditions of Sale unless there is an existing supply agreement or standing order between Orica and the Buyer.

Orica reserves the right at any time after receipt of an Order to accept or decline that Order for any reason. Without limitation, Orica may refuse to accept an Order if:

1. that Order is inconsistent with any other sale or supply agreement that is binding on Orica;
2. Orica is, for any reason, unable to satisfy that Order;
3. the total of that Order is greater than A$5,000.00;
4. Orica suspects that an Order is fraudulent or not authorised by the Buyer;
5. the Buyer is resident or has its principal place of business in a country outside Australia and New Zealand; or
6. Orica knows or suspects that the Buyer does not hold the necessary licences or permits for the handling or storage of those Goods.

4. Warranties

Subject to the Statutory Provisions:

1. Orica warrants that the Goods supplied are of merchantable quality;
2. Orica's liability for breach of sub-clause 4(a) or a condition or warranty implied into this Contract by law including without limitation the Statutory Provisions (other than a condition implied by section 69 of the Australian Trade Practices Act) is limited to any one of the following as determined by Orica:
   1. replacement of the Goods or the supply of equivalent Goods;
   2. the repair of the Goods or payment of the cost of having the Goods repaired; or
   3. the refund of the price paid by the Buyer for the Goods. The Buyer will examine the Goods for defects and shall notify Orica of any defects in writing within 30 days of delivery. If the Buyer does not notify Orica within 30 days of delivery the Buyer shall be deemed to have accepted the Goods.

5. Limitation of Liability

To the extent the law permits and notwithstanding any other clause of these terms and conditions, Orica excludes all liability whatsoever to the Buyer arising out of or in any way connected with a Contract for any consequential or indirect losses of any kind howsoever arising and whether caused by breach of statute, breach of contract, negligence or other tort. Consequential or indirect losses will be taken to include but not be limited to:

1. any loss of income, profit or business;
2. any loss in the nature of overhead costs; and
3. any loss of goodwill or reputation.

1. electrical or power failure;
2. telecommunications failure;
3. the failure or unavailability of a third party product or service;
4. industrial dispute;
5. act of God;
6. site maintenance; or
7. any other causes beyond Orica's reasonable control.

6. Pricing and Availability

Unless otherwise agreed in writing, the price charged for the Goods shall be the price ruling as determined by Orica at the date of delivery. Any price indications or price lists are subject to alteration in accordance with the price ruling at that date.

Prices and availability of Goods are indicative only and subject to change without notice. Orica will not be liable for any lack of availability of Goods or other products and services that the Buyer may order via the Website. In the event that a product is listed at an incorrect price by mistake, Orica will have the right to refuse or cancel any Order placed for Goods listed at the incorrect price. Prices displayed on the Website are in Australian Dollars and are exclusive of goods and services tax and exclusive of all other taxes, imposts, duties and other government charges. The goods and services tax is displayed in the total amount payable.  All purchases made via the website must be in Australian Dollars. Prices quoted on the Website do not include delivery charges and may be subject to additional tinting or other charges.

The configuration of Orders in relation to size, quantity and therefore unit price for Goods supplied by Orica may be different to the Order submitted by the Buyer.

7. Payment and Default

Unless otherwise determined by Orica, all accounts shall be payable as identified on any statement of account issued by Orica.

If any of the events set out in (a) to (e) below occur, Orica may at its option withhold further deliveries or cancel the Contract without notice to the Buyer and without prejudice to any other action or remedy which Orica has or might otherwise have had and all moneys owing and outstanding to Orica on any account whatsoever and irrespective of whether the due date on any statement of account has occurred or passed shall become immediately due and payable:

1. the Buyer makes default in any payments or is unable or states that it is unable to pay its debts as and when they fall due;
2. the Buyer being an individual commits an act of bankruptcy or has a controller or trustee appointed in respect of the Buyer's estate or any part of the Buyer's property or assets;
3. the Buyer being a company passes a resolution for its winding up or enters into liquidation or has an application for winding up filed against it;
4. a receiver, receiver and manager, controller or voluntary administrator is appointed over any part of the property or assets of the Buyer;
5. the Buyer experiences any analogous event having substantially similar effect to any of the events specified above.

Notwithstanding anything in these Standard Conditions of Sale, Orica may at all times in its sole and unfettered discretion and without being under any duty or obligation to assign reasons therefore review, alter or terminate the Buyer's credit limit or payment terms without notice. Without limiting the generality of the foregoing, the decision of Orica shall be final and Orica accepts no liability or responsibility for any loss, howsoever arising, incurred by the Buyer due to the operation of this condition.

8. Delivery Orica

will make all reasonable efforts to have the Goods delivered to the Buyer on the Quoted Date, but Orica shall not be liable for any failure to deliver or delay in delivery for any reason. Orica will not be liable for any loss or damage resulting from late delivery and late delivery will not entitle the Buyer to cancel its Order. Orica will also not be liable for any loss or damage arising from the Buyer's lost, damaged or stolen Goods following delivery.

 Orica will not deliver outside Australia or to post office boxes. The Buyer must enter the correct delivery address at the time of submitting an Order. If the Buyer enters an incorrect address, Orica shall not be obliged to re-send the Order to the correct address. Replacement of items lost in transit will be dispatched according to Orica's discretion.

 Prices of postage and handling displayed on the Website are current at the time of display. These prices are subject to variation without notice.

Orders will not be dispatched until full payment is made and has been successfully authorized via the Website. Orica will email the Buyer an 'Order of Confirmation', which will details the Goods, total cost of Goods and postage & handling charges together with an order number.

9. Advice

The Buyer acknowledges that it has not relied on any service involving skill or judgement, or on any advice, recommendation, information or assistance provided by Orica in relation to the Goods or their use or application.

10. Risk

Unless otherwise agreed in writing, all risk in and to the Goods purchased shall pass to the Buyer upon delivery to the Buyer or his agent or to a carrier commissioned by the Buyer.

 Without in any way limiting the operation of the foregoing, upon delivery of the Goods to the Buyer or his agent or to a carrier commissioned by the Buyer, the Buyer covenants and warrants to Orica that, in the storage and handling of the Goods, the Buyer and his agents and carriers shall comply with all relevant environmental laws and regulations and all necessary and/or relevant permits or licences pertaining to the storing and handling of the Goods, and the Buyer shall ensure that the Buyer and his agents and carriers are familiar with and adhere to all the necessary and appropriate precautions and safety measures relating to the storing and handling of the Goods.

 If Orica does not receive forwarding instructions sufficient to enable it to despatch the Goods within 14 days of notification to the Buyer that they are ready, the Buyer shall be deemed to have taken delivery of the Goods from such date. The Buyer shall be liable for storage charges payable monthly on demand.

11. Title

Title in and to the Goods shall not pass to the Buyer until payment in full for all Goods is made.

The Buyer acknowledges that until title in and to the Goods passes to the Buyer in accordance with this clause, the Buyer holds the Goods as bailee of Orica and that a fiduciary relationship exists between the Buyer and Orica.

Until title in and to the Goods passes to the Buyer in accordance with this clause the Buyer shall store the Goods separately and in such a manner that they are clearly identified as the property of Orica. Orica shall be entitled at any time until title in and to the Goods passes to the Buyer to demand the return of the Goods and shall be entitled without notice to the Buyer and without liability to the Buyer to enter any premises occupied by the Buyer in order to search for and remove the Goods.

The Buyer acknowledges that if it sells the Goods before title in and to the Goods has passed to the Buyer in accordance with this clause, it sells the Goods as a fiduciary agent of Orica provided that such sales shall not give rise to any obligations on the part of Orica. The Buyer shall hold the proceeds of sale on trust for Orica in a separate account.

If title in and to the Goods has not passed to the Buyer in accordance with this clause, the Buyer's implied right to sell the Goods shall immediately terminate upon the happening of any of the events stipulated above.

12. Force Majeure

Deliveries may be totally or partially suspended by Orica during any period in which Orica may be prevented or hindered from manufacture, delivery or supply through any circumstances outside Orica's reasonable control, including but not limited to strikes, lockouts or other labour difficulty, inability to obtain any necessary materials, equipment, facilities or services, power or water shortage, accidents or breakdowns of plant, machinery, software, hardware or communication network. Orica shall not incur any liability to the Buyer in respect of such suspension.

13. Containers

Containers in which Goods are delivered and for which a deposit charge is made remain the property of Orica and must not be used for any other commodity than that contained therein at the time of delivery. On their return in good order and condition by the Buyer and at the Buyer's expense, to the factory or store of Orica from which the Goods were delivered, the full amount of any deposit will be repaid to the Buyer. Containers will be deemed to be still in the Buyer's hands until received at such factory or store. In the case of containers which are received at a factory or store of Orica otherwise than in good order and condition, only such part of the deposit as in the opinion of Orica is reasonable, having regard to their actual condition, will be allowed to the Buyer.

Containers in which Goods are delivered and for which a separate charge other than a deposit charge is shown in the face of the invoice are, unless otherwise specified therein, sold with the Goods and their price as shown on the invoice must be paid with the price of the Goods.

No deposit charges are made for cylinders or drums containing compressed gases but such cylinders and drums are not sold to the Buyer and always remain the property of Orica. Cylinders and drums must be returned at the Buyer's expense in good order and condition to the factory or store of Orica from which they were delivered. Cylinders and drums will be deemed to be still in the Buyer's hands until received at such factory or store. To the extent the law permits, all risks whatsoever associated with the deterioration of those cylinders or drums or those cylinders or drums becoming defective rests with the Buyer absolutely and the Buyer agrees to indemnify Orica in respect of any cylinder or drum that is not returned in good order or condition to Orica within one month of any demand being made by Orica for the return of the cylinder or drum.

14. Portable

Magazines and Pallets Unless otherwise agreed to in writing all portable magazines and pallets on which Goods are delivered remain the property of Orica and must be returned at the Buyer's expense in good order and condition to the factory or the store of Orica from which they were delivered. Portable magazines and pallets will be deemed to be still in the Buyer's hands until received at such factory or store. To the extent the law permits, all risks whatsoever associated with the portable magazines and pallets rest with the Buyer absolutely and the Buyer agrees to indemnify Orica in respect of any portable magazine or pallet that is not returned in good order and condition to Orica within one month of delivery of the Goods.

15. General Lien

In addition to any right of lien to which Orica may be entitled under the common law, Orica shall be entitled to exercise a general lien over all items in its possession belonging to the Buyer until the Buyer has paid in full for all Goods supplied by Orica to the Buyer. Orica may in its sole discretion sell any item that is subject to the said lien, provided that Orica shall pay to the Buyer any surplus proceeds that are realised by it from a sale of any such items after discharging in full all monies outstanding to Orica in respect of Goods that have been delivered by it to the Buyer and all reasonable costs of sale incurred by Orica.

16. Statutory Provisions

These terms and conditions:

1. shall be subject to the provisions of the Australian Trade Practices Act 1974, any statutory amendment or re-enactment thereof for the time being in force and any other relevant and applicable Statutory Provisions; and
2. supersede and exclude all prior and other discussions, representations (contractual or otherwise) and arrangements relating to the supply of the Goods including, but not limited to, those relating to the performance of the Goods or the results that ought to be expected from using the Goods.

17. Severance

If any provision of these terms and conditions or its application to any person or circumstance is or becomes invalid, illegal or unenforceable the provision shall so far as possible be read down to such extent as may be necessary to ensure that it is not invalid, illegal or unenforceable. If any provision or part of it cannot be so read down the provision or part of it shall be deemed to be void and severable and the remaining provisions of these terms and conditions shall not in any way be affected or impaired.

18. Governing Law

The supply of Goods under these terms and conditions is governed by the law of the State of Victoria, Australia, and Orica and the Buyer submit to the non-exclusive jurisdiction of the courts of the State of Victoria.

19. Transaction Taxes

 Where a transaction tax, including a goods and services tax ("GST") and any transaction taxes that come into existence after the date of these terms and conditions, applies to any supply made under these terms and conditions, Orica may recover from the Buyer an additional amount on account of that transaction tax.