Terms and Conditions

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Product Use and Legal Responsibility

Before using any product supplied by PCT International, it is the responsibility of the user to:

Read and follow the product label, Safety Data Sheet (SDS), Specifications, and Directions for Use in full.

Use the product strictly in accordance with all label directions, safety guidelines, and applicable legislation in your State or Territory.

Avoid unregistered or off-label use. Use of a product in a manner inconsistent with its registered purpose may be a breach of law and may result in unintended consequences, including injury, environmental damage, or reduced efficacy.

Responsibility for the safe and legal use of all products remains solely with the user.

Intellectual Property

All content, logos, graphics, and documents on this website are the property of PCT International unless otherwise stated. You may not reproduce, distribute, modify, or use any content for commercial purposes without prior written consent.

PCT International Terms & Conditions

1. Interpretation

   In these terms and conditions (Terms) and in any contract to which these Terms apply, unless inconsistent with the context:

   1. Act means the Competition and Consumer Act 2010 (Cth) as amended from time to time.
   2. Business Day means any day except Saturday or Sunday or a day that is a public or bank holiday in Australia.
   3. Claim means any claim, demand, action, expense, cost, loss, damages, or proceeding.
   4. Consequential Loss means loss, expense, or damage arising from a breach of contract, tort (including negligence), under statute, or any other basis in law or in equity. It includes, but is not limited to, loss of profits, revenue, contracts, or anticipated contracts; denial of opportunity; loss of access to markets; goodwill; business reputation; future reputation or publicity; damage to credit rating; loss of use; and indirect, remote, abnormal, or unforeseeable loss, whether or not in the reasonable contemplation of the parties at the time of formation of the Contract.
   5. Contract means the contract between PCT International Pty Ltd and the Customer for or in relation to the sale and purchase of goods and services.
   6. Customer means the person or corporation who buys or has agreed to buy the Goods from PCT International Pty Ltd.
   7. Force Majeure Event includes (but is not limited to) any acts of God, war, military action, terrorist attack, riots, strikes, lockouts, trade disputes, fires, flood, breakdowns, mechanical failures, interruptions of transport, Government action, or any other cause whatsoever that is beyond the reasonable control of PCT International Pty Ltd, whether or not of a like nature to those specified above.
   8. Goods means any item of whatsoever nature which is sold or to be sold by PCT International Pty Ltd to the Customer.
   9. Government means, whether local or overseas, a government or government department or other body; a governmental, semi-governmental, or judicial person; international organization regulating international trade; or a person who is charged with the administration of a law.
   10. Insolvent means any application, agreement, resolution, or appointment being made for distress, execution, composition, or arrangement with creditors, insolvency proceedings, winding up, dissolution, administration, liquidation, receivership (administrative or otherwise), bankruptcy, the suspension of payments, any form of seizure not lifted within two months, a moratorium of indebtedness, or any similar proceedings in any jurisdiction in each case in respect of that party.
   11. PPSA means the Personal Property Securities Act 2009 as amended from time to time.
   12. PPS Register means the personal property securities register established under section 146 of the PPSA.
   13. Price means the price stated in PCT International’s tender, quote, price schedule or letter attached to these Terms
   14. Sales Confirmation means the document so titled issued by PCT International Pty Ltd that formally accepts the order for the Goods from the Customer.
   15. Security Interest has the meaning given under the PPSA.
   16. Specifications means specifications as displayed on the order.

   Words importing the singular number shall be deemed to include the plural and vice versa. Words importing the male gender shall be deemed to include the female and neuter gender and vice versa. The headings in these Terms are provided for convenience only and do not affect the interpretation thereof

2. General

   1. All sales of products by PCT International Pty Ltd. or its subsidiaries or affiliates (collectively, “PCT”) are subject to the terms and conditions set forth herein, which shall also be deemed to be incorporated into all purchase orders for any such products. The terms and conditions of sale set forth herein constitute a binding agreement (this “Agreement”) between PCT and its customer (“Customer”), and PCT shall not be bound by the terms of any Customer’s order form or other separate documentation, other than any written purchase order or other agreement which shall have been separately executed by PCT
   2. In the event of any inconsistency arising between these Terms and the relevant Purchase order, the terms of PCT Orders shall prevail to the extent of such inconsistency
   3. These Terms shall without further notice apply to all future transactions between PCT and the Customer in relation to the sale and purchase of the Goods, whether this document is delivered or executed during the transaction except to the extent otherwise agreed in writing by the parties involved
   4. None of the terms and conditions contained in any document or other instrument supplied by or on behalf of the Customer (including without limitation those included in any purchase order or like document from the Customer) shall apply to or form part of the Contract, except and to the extent otherwise agreed in writing by PCT

3. Products

   1. The term “Products” refers to any goods within the PCT and any brand names it owns that is specified in PCT’s proposals, quotations, order acknowledgments, invoices, or written purchase orders. PCT reserves the right to make alterations to any Product without prior notice to the Customer. Such alterations may be necessary for compliance with safety standards, regulations, or intellectual property considerations.

4. Orders

   1. Customers must submit a written Purchase Order (PO) to PCT, specifying product details, quantity, price, delivery dates, billing and shipping addresses, and tax exemptions. PCT accepts or rejects orders at its sole discretion. Order lead times vary, and PCT is not liable for exceeding industry norms.
   2. All purchase orders provided by the Customer are subject to acceptance by PCT International. The Customer must notify PCT International in writing prior to shipping if an order contains any errors or omissions
   3. If the Customer cancels or terminates a forward committed purchase order which has been accepted by PCT, the Customer agrees to pay for the Goods that have already been committed in, which are held by PCT as floor stock or which are in transit from the manufacturer to PCT in ordered pursuant to that purchase order prior to cancellation or termination and the Customer will also reimburse PCT for any storage, transport, interest (in respect of any delayed payments for the Goods) or disposal charge (if ever applicable).
   4. If a purchase order is cancelled or terminated by the Customer prior to its acceptance by PCT, no contractual obligation exists between the parties
   5. If, under the Contract, the Customer is obliged to take the agreed quantity of the Goods (“Agreed Goods”) within the agreed period, and the Customer fails to do so, then the Customer must pay PCT for the Agreed Goods as a debt due and payable within twenty (20) days from the date of receiving notice in writing from PCT

5. Prices

   1. Prices are firm as stated on our latest issued pricelist unless specifically quoted otherwise. In cases where PCT provide custom quotations, the validity of our offers will be explicitly specified on the date of quotation. Our standard pricing is based on Ex-Works PCT warehouse (where shipping costs and risk of loss are the Customer’s responsibility) unless alternative delivery terms are met as agreed upon per Item 8 in the Commercial Terms.
   2. It’s important to note that special promotions or discounts may occur from time to time, and these will have their own unique conditions and terms. Exclusive of Taxes and other handling charges, all sales remain final.

6. GST

   1. To the extent that a party makes taxable supply in connection with the agreement then, except where express provision is made to the contrary, the amount payable by that party is a GST Exclusive amount and that part will pay the GST payable in respect of that supply in addition to the other considerations payable. A party’s right to payment of GST under this clause is subjected to a valid tax invoice being delivered to the party liable to pay for the taxable supply.

7. Payment terms

   1. As outlined in the Commercial Terms between the Customers and PCT International, customer is required to adhere to the specified payment schedule Unless otherwise agreed by the parties in writing payment shall be made within thirty (30) days from the end of the month in which the invoice is dated. In the event of overdue accounts, interest charges may apply
   2. Time for payment of the price of the Goods shall be of the essence of the Contract. If the Customer fails to pay the price when due, PCT International may treat the Contract as repudiated by the Customer or may, unless payment in full is made, suspend delivery of the Goods and any goods the subject of any other Contract with the Customer without incurring any liability whatsoever to the Customer in respect thereof.
   3. In addition, without prejudice to such rights of PCT International, the Customer shall (if so, required by PCT International) pay interest on the outstanding amount of the price at the current standard commercial interest rate 10% for the period from the due date until the price is paid in full. The granting of credit by PCT International to the Customer is subject to the approval of PCT International’s credit insurer.
   4. If the Customer’s credit account is refused at any time during the Contract, PCT International may, at its discretion, suspend delivery of Goods until the Customer pre-pays for each delivery or the Customer’s credit account status has been approved
   5. If the Customer is a small business (as defined under the Australian Consumer Law or other relevant legislation), the Customer is hereby given the express opportunity to negotiate these Terms. Without limiting any remedies available under the Act, if the Customer believes a term contained in these Terms is “unfair” as defined under the Australian Consumer Law, any dispute will be addressed at first instance via the process set out in clause 18

8. Title and Delivery

   1. Title to Products (excluding services) transfers to the Customer upon delivery to the shipping carrier at the Ex-Works point.
   2. Property and title in the Goods will not pass to the Customer until such time as the Goods and all other goods supplied by PCT to the Customer have been paid for in full. Until that time, the Customer shall store the Goods, including goods into which the supplied Goods have been mixed, in such a manner as to show clearly that they are the property of PCT and shall upon PCTs demand deliver up such Goods to PCT. In default of such delivery PCT may by its servants and agents enter the Customer’s premises with prior notice to review the Goods in questioned (and the Customer irrevocably grants PCT the right and licence to enter any premises or property of the Customer with notice) without being in any way liable to the Customer or any other party, and the Customer agrees to indemnify PCT against any such liability, including Claims made by any third party and until such time as the Goods have been paid for in full the Customer is at liberty to sell the Goods, including goods into which the Goods have been mixed, in the ordinary course of its business, and the Customer shall hold the proceeds thereof on trust for customer and promptly account to PCT for those proceeds in payment of the purchase price for the Goods.
   3. The Customer and PCT agree that the provisions of these terms apply notwithstanding any agreement between the parties under which PCT grants credit to the Customer

9. Indemnity, Insurance, and Liability

   1. The Customer agrees to indemnify and hold PCT harmless against any claims, losses, damages, or liabilities arising from the misuse, or resale of the Products. PCT recommends that the Customer maintain appropriate insurance coverage for the Products during transit and storage. PCT’s liability is limited to the purchase price of the Products.
   2. The Customer acknowledges, agrees, represents, and warrants that:
      1. As the use of the Goods is outside the control of PCT International, the Customer is satisfied that the Goods will have the condition, characteristics, quality, and attributes that will make them suitable or fit for any ordinary or special purpose required for those Goods, even if that purpose is made known to PCT International at any time.
      2. The Customer has or will, in a timely manner, conduct all mandatory or prudent tests and apply all mandatory or prudent quality control checks and procedures to ensure the Goods (whether for the purpose of using the Goods in the course of production or manufacture or repairing or treating other goods) and any product that is produced from them will be without defect and suitable or fit for any purpose required for the Customer.
      3. The Customer has not relied upon any statement, representation, warranty, guarantee, condition, advice, recommendation, information, assistance, or service provided or given by PCT International or anyone on its behalf in respect of the Goods, other than those that are expressly contained in the Contract or our product labels.
      4. The Customer releases and indemnifies PCT and its officers, employees, consultants and agents from and against any Claims (including those brought by third parties) which may be brought against it or them, whether on their own or jointly with the Customer and whether at common law, under tort (including negligence), in equity, pursuant to statute or otherwise, in respect of any loss, death, injury, illness, cost or damage arising out of any breach by the Customer of any warranty provided by it under clause 12.2)

10. Force Majeure Event

    1. PCT International shall not be under any liability whatsoever for the consequences of any failure on its part to perform or delay in performing any obligation under the Contract when due, while and to the extent that such failure or delay is due directly or indirectly to any Force Majeure Event. This includes any liability whatsoever for any delay in completion, delivery, despatch, shipment, or arrival of the Goods or in the tender of any documents or the like or total or partial suspension of deliveries by PCT International.
    2. If there is a Force Majeure Event, PCT International will notify the Customer of the event and the likely impact on its performance under the Contract.
    3. If a Force Majeure Event continues for more than sixty (60) consecutive Business Days, either party may terminate the Contract by giving the other party a seven (7) days’ written notice.

       1. Nothing in this clause will excuse a Customer from any obligation to make a payment when due under the Contract or from performing its obligations under the Contract due solely to lack of funds

11. PPSR (Personal Property Securities Register)

    1. PCT retains the rights to a security interest in the Products until full payment is received. The Customer consents to PCT registering its security interest on the PPSR for all Products sold unless paid in full.

12. Claims and Inspection

    1. Any claims related to defective Products or discrepancies must be submitted in writing within 10 business days of delivery. PCT will conduct thorough inspection and quality assurance checks to validate claims. PCT reserves the right to determine the validity of claims.
    2. In the event the Customer requests to return the Goods after delivery, despite the Goods being in accordance with this agreement, PCT may at its absolute discretion decide to accept the return of the Goods or reject the claim if deem unreasonable.

13. Intellectual Property, Data Protection, and Brand Usage

    1. The Customer acknowledges that PCT retains all intellectual property rights related to the Products. PCT will handle Customer data in accordance with applicable data protection laws. The Customer agrees not to use PCT’s brand or trademarks without prior written consent.
    2. Each party agrees that this agreement and its contents is made between the parties in the strictest confidence. The parties agree to maintain confidentiality and will not divulge the contents to any third party unless by prior written agreement of the signatories

14. Product Quality, Recalls, and Unusable Products

    1. PCT assures that all Products meet industry standards and specifications. In the unlikely event of a recall, PCT will promptly notify the Customer and take necessary actions to address any issues. However, it is essential to note that PCT does not warrant any expired products or products that have exceeded their shelf life. It is the Customer’s responsibility to verify expiration dates and ensure that sales of goods occur within the specified product shelf life. We encourage our customers to exercise due diligence in this regard to maintain product quality and compliance with safety standards.

15. Health Safety and Environment

    1. It is the Customer’s responsibility to ensure that all applicable health, safety and environment regulations are observed and other appropriate steps taken in relation to the storage, handling, transport, disposal and the use of the Goods and potential hazards and the relevant information relating to the Goods, are brought to the attention of its employees, agents, sub-contractors, visitors and customers. Without prejudice to the foregoing, it is also the Customer’s responsibility to provide safe facilities for the reception of the Goods into storage

16. Applicable Law

    1. This agreement shall be governed by the Australian consumer law and the parties hereby agree to submit to the jurisdiction of the courts in relations to any question and dispute that may arise hereunder.

17. Dispute Resolution

    1. Any disputes arising from this agreement shall be resolved through negotiation in good faith to resolve the dispute in a spirit of goodwill and compromise. If resolution is not achieved, parties agree to mediation or arbitration as per applicable laws.
    2. Before court or arbitration proceedings other than for urgent interlocutory relief may be commenced, the following steps must be taken to attempt to resolve any dispute that arises out of or in connection with the Contract (including any dispute as to the validity, breach or termination of the contract, or as to any claim in tort, in equity or pursuant to any statute).
    3. Notice (“Dispute Notice”) must be given in writing by the party claiming that a dispute has arisen to the other party (or parties) to the Contract specifying the nature of the dispute.
    4. Notices required or permitted to be given hereunder shall be in writing and shall be deemed given upon the second Business Day after mailing, if sent by registered or certified mail, return receipt requested.
       1. upon delivery, if delivered by hand or by courier.
       2. when received, if sent by facsimile or email as indicated on the receipt of transmission to the parties at the designated address, or at such other address as may be designated by notice given in accordance with this provision.
    5. Upon receipt of the Dispute Notice, the parties must attempt to agree upon an appropriate procedure for resolving the dispute.
    6. If within 20 Business Days of receipt of the Dispute Notice the dispute is not resolved or an appropriate alternative dispute resolution process is not agreed, then the parties shall refer an agreed upon agent by both parties for facilitation of a mediation
    7. The parties must co-operate with agent as facilitator. Any mediation meetings and proceedings under this clause 22 must be held in Brisbane.
    8. The parties must continue to perform their obligations under these Terms notwithstanding the existence of any dispute.
    9. This clause will remain operative after the Contract has been performed and notwithstanding its termination

18. Variation

    1. This Agreement may only be varied by written agreement between the parties