Terms & Conditions

These Terms & Conditions outline the rules, guidelines, and agreements that govern your use of our website and services.

These Terms and Conditions set out how Wilsara Pty Ltd ABN 71 105 516 327, trading as Smith's Ice ("Smith's Ice", "we", "us" or "our"), supplies ice products, delivery and equipment hire, and how you may use our website.

By using our website, applying for an account, placing an order or requesting a hire, you agree to these Terms and Conditions. If you do not agree, please do not use our website or services.

If you have a wholesale account or a freezer on loan from us, you are also covered by your supply agreement or terms of trade. If those documents conflict with these Terms and Conditions, the supply agreement or terms of trade will apply.

1. Purpose

These Terms and Conditions set out the rules for using www.smithsice.com.au (the "Site") and for buying or hiring anything from Smith's Ice. The Site is owned and operated by Wilsara Pty Ltd trading as Smith's Ice. It provides information about our products, delivery areas and hire equipment, takes hire requests and wholesale account applications, and links to our online ordering portal.

2. Intellectual Property

All content on the Site, including images, text, logos, documents and downloadable files, belongs to Smith's Ice or is used with permission. You may not copy, reproduce or use it for commercial purposes without our written consent.

3. Acceptable Use

You agree to use the Site lawfully and not to:

- Harass or mistreat other users of the Site

- Violate the rights of other users of the Site

- Violate the intellectual property rights of Smith's Ice or any third party

- Attempt to access another person's account, tracking link or information without permission

- Interfere with the security or operation of the Site

- Act in any way that could be considered fraudulent

If we believe you are using the Site unlawfully or in breach of these Terms and Conditions, we may limit, suspend or end your access to the Site and take any legal steps we consider necessary.

4. Accounts and Ordering

4.1. Wholesale Accounts

Wholesale customers must apply for an account through the Site. We may approve or decline any application at our discretion. When you submit an application and sign it electronically, you confirm the information you provide is true, complete and up to date, and that you are authorised to apply on behalf of the business named.

4.2. Online Ordering Portal

Approved account customers place orders through our online ordering portal, which is provided by a third party, Cool Running. Your use of the portal is also subject to Cool Running's own terms. We are not responsible for outages or errors in third party systems, but we will do our best to fill orders affected by them.

4.3. Logins and Security

If you are given a login for the Site or the ordering portal, you are responsible for keeping your login details secure and for activity under your login. Please tell us straight away if you think your login has been misused. We may suspend or close a login if it is used in breach of these Terms and Conditions.

5. Products

5.1. Ice Products

We supply the following ice products:

- 5kg Party Ice

- 5kg Block Ice

Ice is a perishable product. Once ice has been delivered to you, you are responsible for storing it correctly. We are not responsible for melting, loss or contamination caused by storage or handling after delivery.

5.2. Freezers on Loan

Where we place a freezer at your business, it remains the property of Smith's Ice and is supplied on the terms of your supply agreement. The freezer is for Smith's Ice products only. Please contact us before moving, wrapping, stickering or modifying a freezer.

5.3. Information on Our Site

We work to keep product descriptions, images, prices and availability accurate, but errors can occur and details may change without notice. Tools on the Site, such as the ice calculator, give estimates only and should be used as a guide. The stockist locator shows businesses that stock our ice, but it does not guarantee that a particular store has stock at any time.

We may refuse, change or cancel an order or hire request where necessary. If we cancel after you have paid, we will refund the amount you paid for the cancelled goods or services.

6. Equipment Hire

6.1. Requests and Confirmation

Hire requests are made through the Site and need at least 7 days' notice. Submitting a request does not create a booking and nothing is charged at that stage. We aim to reply within one business day to confirm the details, offer alternative dates or decline the request.

A hire is only confirmed once we have accepted it in writing and received any payment required in your hire confirmation. Your hire confirmation sets out the equipment, dates, price, deposit, delivery arrangements and any cancellation terms for your hire, and forms part of your agreement with us.

6.2. Hire Periods and Pricing

Trailer and freezer hire is charged per calendar day, counting both the first and last day, with the minimum hire shown on each product. Drop-off and collection for trailers and freezers are on weekdays, at times agreed when we confirm your hire.

Operated equipment hire, such as our crane truck, is charged by the hour or by the half day, full day or multi-day rate shown, with a minimum charge as listed. Weekend work may be charged at a higher rate. Prices on the Site are starting prices. Your final price is set out in your hire confirmation.

6.3. Deposits, Payment and Cancellation

We may ask for a deposit or full payment to secure your hire. Any balance must be paid by the date shown in your hire confirmation. If you need to cancel or change a confirmed hire, please contact us as early as possible. Cancellation terms, including any amount that will not be refunded, are set out in your hire confirmation. If we cancel a confirmed hire, we will refund everything you have paid for it.

6.4. Your Responsibilities

While trailers, coolrooms and freezers are in your care, you agree to:

- Provide a level, safe and accessible site for drop-off and collection

- Provide a suitable and continuous power supply as advised by us

- Not move, tow or relocate the equipment without our written approval

- Use the equipment only for its intended purpose and not overload it

- Keep doors closed when not loading and follow any operating instructions we give you

- Tell us straight away if the equipment has a fault, stops cooling or is damaged

- Allow us reasonable access to inspect, service or collect the equipment

- Return the equipment clean, empty and in the same condition, apart from fair wear and tear

6.5. Contents, Damage and Loss

You are responsible for the goods stored in hired equipment, including food safety and temperature checks. We are not responsible for loss of contents caused by power failure at your site, misuse, doors left open or anything else outside our control.

You are responsible for loss, theft or damage to the equipment during your hire, other than fair wear and tear or damage caused by us. We may charge you the reasonable cost of repair, replacement or extra cleaning.

If equipment fails because of a fault that is not caused by you, contact us and we will repair or replace it as soon as reasonably possible, or refund the hire charges for the affected period.

6.6. Operated Hire (Crane Truck)

Our crane truck is supplied with one of our operators, who stays in control of the vehicle and crane at all times. When requesting an operated hire, you must give us accurate details of each load, including size, weight and lifting points, along with site access, ground conditions, overhead hazards and anything else that affects the job.

You are responsible for obtaining any site permissions or permits needed for the work and for having loads ready, secured and safe to lift. Our operator may refuse or stop any lift they consider unsafe, and time spent waiting on site may be charged at the hourly rate.

6.7. Ice With Your Hire

Freezer hires can include bagged ice. Ice is optional. If you order ice with a hire, the minimum order is 50 bags, or the capacity of the unit if that is smaller. Ice ordered with a hire is supplied on the same terms as our other ice products.

7. Payments

7.1. Prices

Prices are in Australian dollars. GST is shown on your quote, hire confirmation or invoice.

7.2. Wholesale Accounts

Account customers pay according to the payment terms approved for their account, such as a 30 day account, cash on delivery or cheque on delivery. Payment due dates are shown on your monthly statement. If payments are overdue, we may place your account on hold and pause supply until it is brought up to date.

7.3. Hire Payments

Hire deposits and payments are made through a secure payment link sent with your hire confirmation. Payments are processed by Stripe, and the payment methods available are shown on the payment page. We do not store your card details.

By making a payment, you authorise us to charge the amount shown to the payment method you choose. If we believe a payment is fraudulent or breaches these Terms and Conditions, we may cancel or reverse it.

8. Delivery and Tracking

8.1. Delivery Schedule

Ice is delivered by our own trucks on scheduled runs. Depending on your area and the season, these may be weekly, fortnightly or monthly. We will let you know how often we service your area. Scheduled deliveries do not run on weekends or public holidays unless we agree otherwise.

Delivery windows and estimated arrival times are a guide only. Weather, traffic, breakdowns and other circumstances can cause delays, and we will try to keep you updated.

There is no delivery charge for ice delivered on our scheduled runs to account customers unless we agree otherwise. Delivery fees for hire equipment are shown in your hire confirmation.

8.2. Delivery Address and Access

You must give us a complete and accurate delivery address and make sure we have safe, clear access when we arrive. We are not responsible for deliveries made to the wrong address or person because of incorrect or incomplete information. If we cannot deliver because of access problems or because the delivery is refused, we will contact you to arrange another delivery.

8.3. Delivery Notifications and Tracking Links

We may send delivery updates by SMS and email to the contacts on your account or order. These can include a tracking link showing your delivery status, estimated arrival time, approximate truck location while the run is active, the driver's first name and the products delivered.

Anyone with a tracking link can view it, so please do not share it with people you do not want to see your delivery details. Tracking links expire at midday on the day after delivery. If you add extra contacts to receive updates, you confirm you have their permission to do so.

You can stop delivery SMS updates by replying STOP, and stop delivery emails using the unsubscribe link. Account notices, statements and hire messages will still be sent where needed.

9. Privacy

We collect and use personal information, such as names, contact details, delivery addresses and delivery location data, to provide our products and services, operate the Site and communicate with you. Please read our Privacy Policy for details of how we collect, use, store and share your information.

10. Consumer Protection Law

Where the Australian Consumer Law, Schedule 2 of the Competition and Consumer Act 2010, or any other consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.

11. Links to Other Websites

The Site contains links to third party websites and services that we do not own or control, including our online ordering portal and payment provider. We are not responsible for their content, policies or practices. Please read their terms and privacy policies before using them.

12. Limitation of Liability

Subject to section 10 and to the extent permitted by law, Smith's Ice is not liable for any indirect or consequential loss, including loss of profit, revenue or stock, arising from your use of the Site, our products or our services.

Where our liability can be limited by law, it is limited at our option to resupplying the goods or services, or paying the cost of having them resupplied, or refunding the amount you paid for them.

13. Indemnity

To the extent permitted by law, you indemnify Smith's Ice and its directors, employees and agents against any claims, losses, damages and costs, including reasonable legal costs, arising from your breach of these Terms and Conditions, your misuse of the Site or hired equipment, or inaccurate information you give us, except to the extent caused by our own negligence or breach.

14. Applicable Law

These Terms and Conditions are governed by the laws of the State of Victoria, and you agree to the jurisdiction of the courts of Victoria.

15. Severability

If any provision of these Terms and Conditions is found to be invalid or unenforceable under applicable law, that provision will be removed and the remaining provisions will continue to apply.

16. Changes

We may update these Terms and Conditions from time to time to reflect changes in the law, our products and services or how we operate. The updated version will be published on this page with a new date. Your continued use of the Site or our services after an update means you accept the updated Terms and Conditions.

17. Contact Details

Please contact us if you have any questions about these Terms and Conditions.

Email: admin@smithsice.com.au

Wodonga depot: 11 Hempel Street, Wodonga VIC 3690. Phone (02) 6024 5933

Wagga Wagga depot: 2 Mortimer Place, Wagga Wagga NSW 2650. Phone (02) 6925 7550. Email wagga.orders@smithsice.com.au

You can also contact us through the contact page on our Site.