Last Updated: 20-2-25

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1. Introduction

1.1 Scope
These Terms & Conditions (“T&Cs”) govern the supply of geotubes, geosynthetics, and other related products (collectively, “Products”) as well as any technical guidance or services (“Services”) provided by [Your Company Name] (“Company,” “we,” “us,” or “our”) through our website [kontainsolutions.com] (“Site”). By purchasing our Products or relying on our Services, you (“Buyer,” “Client,” or “you”) acknowledge and agree to these T&Cs.

1.2 Acceptance
Your access to and use of our Site, including the purchase or use of any Products or Services, constitutes your agreement to be bound by these T&Cs.

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2. Definitions

• “Products”: Includes geotubes, geosynthetic materials, and any other items we currently or may in the future sell (e.g., geotextiles, geomembranes, drainage composites, etc.).

• “Services”: Any technical advice, recommendations, design input, or operational guidance provided by us, whether verbally, in writing, or via digital means.

• “Site Conditions”: All on-site factors that might affect the use, performance, or handling of our Products, including environmental factors, substrate variations, project logistics, and any operational methods the Buyer employs.

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3. Supply of Products

3.1 Product Specifications
We supply Products according to industry standards and applicable manufacturer specifications. Actual performance depends heavily on Site Conditions and installation methods, which are beyond our control.

3.2 Delivery & Risk
We endeavor to meet agreed delivery schedules. Title and risk of loss pass to the Buyer upon delivery to the specified location or handover to the carrier. The Buyer is responsible for safe handling, storage, and deployment of all Products upon receipt.

3.3 No Guarantee of Specific Results
Because the final outcomes depend on Site Conditions, installation practices, and other variables outside our control, we do not guarantee particular results or performance metrics.

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4. Provision of Services

4.1 Nature of Technical Guidance
Any Services or guidance we provide—whether regarding product selection, design considerations, or installation methods—reflect our experience, industry knowledge, and assumptions. This guidance is informational only and does not constitute a firm guarantee of performance.

4.2 Limitations
We cannot predict all subsurface or site-specific variables; our advice is based on typical or assumed conditions and may not be valid if actual Site Conditions differ from those provided or assumed.

4.3 No Professional Engineering Warranty
Unless expressly stated in a separate written agreement, we do not act as the project’s licensed geotechnical, structural, or civil engineer. Buyers should consult qualified professionals who are familiar with the specific site for detailed project design and safety.

4.4 Buyer’s Responsibility
The Buyer remains fully responsible for:

• Verifying that Products and Services suit the Buyer’s intended purpose.

• Supervising installation and operation.

• Ensuring compliance with applicable regulations, codes, and safety standards.

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5. Liabilities & Warranties

5.1 Limited Warranty
We warrant that Products will be free from material defects in workmanship and materials under normal use. Our sole responsibility (at our discretion) is to replace or repair any defective Products, provided the defect is reported within any stated warranty period.

5.2 Disclaimer of Other Warranties
We disclaim all other warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement, to the fullest extent permitted by law. We do not warrant that the Products or Services will meet specific project outcomes, nor can we guarantee fault-free performance under all conditions.

5.3 Exclusion of Consequential Damages
Under no circumstances are we liable for indirect, incidental, special, punitive, or consequential damages, including but not limited to loss of profits, project delays, or any damages related to site remediation or environmental incidents, even if we were advised of the possibility of such damages.

5.4 Limitation of Liability
Our total liability, whether under contract, tort (including negligence), strict liability, or any other theory, shall not exceed the total amount paid by Buyer for the specific Product or Service giving rise to the claim.

5.5 Force Majeure
We are not liable for any failure or delay in performance caused by events or conditions beyond our reasonable control, such as acts of God, natural disasters, governmental actions, labour disputes, supply chain disruptions, or other force majeure circumstances.

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6. Installation & Operational Risks

6.1 Geotube Rupture & Damage
For Products like geotubes or other dewatering solutions, ruptures or failures can occur due to improper usage, overfilling, unexpected material composition, or poor handling. We are not liable for on-site damages, personal injuries, or environmental harm resulting from such incidents, unless directly caused by our willful misconduct.

6.2 Indemnification
Buyer agrees to indemnify and hold us harmless from any claims, losses, or damages (including attorney fees) arising from:

• Buyer’s or third-party misuse or mishandling of the Products.

• Non-compliance with our guidelines or best practices.

• On-site accidents or negligence by the Buyer’s employees, contractors, or agents.

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7. Changes in Site Conditions

7.1 Variability
Given that soil composition, sludge properties, climate, and other factors can evolve, our initial recommendations may not remain valid if conditions significantly change. It is the Buyer’s responsibility to monitor and adjust usage accordingly.

7.2 Ongoing Supervision
Any advice or operational protocols we provide require regular on-site supervision by the Buyer to ensure successful performance. Failure to follow recommended inspection or maintenance procedures may void our limited warranty.

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8. Future Products & Expansion

8.1 Applicability
These T&Cs cover all Products we currently offer or may introduce in the future, including but not limited to geotubes, geomembranes, geotextiles, drainage composites, or other geosynthetic systems.

8.2 Product Updates
We reserve the right to develop, discontinue, or modify Products at any time, without liability or obligation to the Buyer, except to fulfill already accepted orders.

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9. Intellectual Property

9.1 Ownership
All content, designs, datasheets, and proprietary information provided by us remain our intellectual property or that of our licensors.

9.2 Limited License
We grant you a non-exclusive, non-transferable license to use, display, and incorporate our technical documentation solely for your own internal project use. No further license is granted without our written consent.

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10. Governing Law & Dispute Resolution

10.1 Governing Law
These T&Cs are governed by the state of South Australia, without regard to conflicts of law principles.

10.2 Dispute Resolution
Any disputes arising out of these T&Cs or related to our Products or Services shall be resolved by arbitration, unless both parties agree otherwise in writing.

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11. General Provisions

11.1 Amendments
We may update these T&Cs at any time. Changes become effective upon posting on our Site. Continued use of our Products or Services after updates signifies acceptance of the revised T&Cs.

11.2 Entire Agreement
These T&Cs, together with any separate written agreement or purchase order, constitute the entire agreement between you and us concerning the subject matter and supersede all prior communications.

11.3 Severability
If any term here is found invalid or unenforceable, the remainder of the T&Cs stay in full force, with the invalid part limited or reformed to the minimum extent needed.

11.4 Assignment
You may not assign, transfer, or sublicense these T&Cs or any rights herein without our prior written consent.

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12. Contact Information

If you have questions about these T&Cs, our Products, or our Services, please contact:

• Email: ben.lewis@kontainsolutions.com

• Phone: +61 405 812 770

• Address: Marlborough St, Henley Beach, SA

By purchasing Products or relying on our Services, you acknowledge that you have read, understood, and agree to these Terms & Conditions.