Hydroflo Filtration Systems Pty Ltd Terms and Conditions

1 Definitions

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Agreement means this agreement between the Customer and the Company.
CCA means the Competition and Consumer Act 2010 (Cth).
Customer means the Customer (or any person acting on behalf of and with the authority of the customer) as described on any quotation, work authorisation, sales agreement form, contract for sale, or other form as provided by the Company to the customer.
Company means Hydroflo Filtration Systems Pty Ltd ACN 663 548 016.
Goods means all goods supplied to the Customer (and where the context so permits shall include supply of any Services) and are as described on the sales agreement form, invoices, quotation, work authorisation, or any other form as provided by the Company to the Customer.
Price means the price payable for the Goods as agreed between the Company and the Customer in accordance with clause 4 of this Agreement.
Services means all Services supplied in connection with the supply of the Goods by the Company to the Customer
Terms and Conditions means the terms and conditions set out in this Agreement.

2 Contracting out

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Nothing in this Agreement is intended to have the effect of contracting out of any applicable provisions of the CCA or consumer protection legislation of the States and Territories of Australia (including any substitute to those Acts or re-enactment thereof), except to the extent permitted by those Acts where applicable.

3 Acceptance

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Any instructions received by the Company from the Customer for the supply of the Goods and/or the Customers acceptance of Goods supplied by the Company shall constitute acceptance of the Terms and Conditions.
Where more than one Customer has entered into this Agreement, the Customers shall be jointly and severally liable for all payments of the Price.
Upon acceptance of these Terms and Conditions by the Customer, the Terms and Conditions are binding and can only be amended with the prior written consent of the Company.
Goods are supplied by the Company strictly in accordance with the Terms and Conditions.
The Company may at its absolute sole discretion use contracted installers to install the Goods. Should the Customer need to make any claim regarding damage, loss, the performance or conduct of such an installer then the Customer agrees to make such claim direct to the installers in the first instance and shall only involve the Company in such a claim if the Customer is unable to resolve the issue with the installer.
The Company reserves the right to substitute comparable components that comprise the Goods (in all such cases the Company shall notify the Customer in advance of any such substitution).
None of the Company’s agents or representatives are authorised to make any representations, statements, conditions, or agreements not expressed by the Company in writing, nor is the Company bound by any such unauthorised statements.
The Customer may amend the installation date if they give the Company at least 48 hours’ written notice. The Company reserves the right to charge an ninety-dollar fee if amendment to the installation date occurs with less than the required notice.

4 Price and Payment

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At the Company’s sole discretion the Price shall be either:
(a) as indicated on the invoice provided by the Company to the Customer in respect of Goods supplied;
(b) the Company’s Price current at the date of delivery of the Goods according to the Companies pricelist; or
(c) the Companies quoted Price (subject to clause 4.2) which shall be binding upon the Company, provided that the Customer shall accept the Company’s Quotation in writing within seven days.
The Company reserves the right to change the Price;
(a) in the event of a variation to the Company’s quotation (including, but not limited to, variations as a result of changes to quantities or the specifications contained in any order; or
(b) where due to changes in taxes and duties (including GST, excise or stamp duties), fluctuation in exchange rates, insurance or freight costs, or increases in the cost to the Company of labour and materials; or
(c) in the event that the Company will incur additional costs due to unforeseen circumstances which are only revealed once the Company has commenced installation of the Goods.
At the Company’s sole discretion:
(a) a deposit may be required; and
(b) payment shall be due on delivery of the Goods.
Time for payment of the Goods shall be of the essence and will be stated on the invoice or any other forms. If no time is stated, then payment shall be due in seven days following the date of the invoice.
Payment will be made in cash, cheque, bank cheque, credit card or direct credit, or by any other method as agreed between the Customer and the Company. The Company reserves the right to impose a surcharge of up to one and a half percent of the Price for credit card, for AMEX a surcharge of up to two and a half percentmay apply.
GST and other taxes and duties may be applicable and shall be added to the Price except when they are expressly included in the Price.

5 Delivery of Goods

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At the Company’s sole discretion delivery of the goods shall take place when:
(a) the Customer takes possession of the Goods:
(i) at the Companies address; or
(ii) at the Customers nominated address (in the event that the Goods are delivered by the Company or the Company’s nominated carrier); or
(b)the Customer’s nominated carrier takes possession of the Goods in which event the carrier shall be deemed to be the Customers agent; or
(c) the Goods have been installed at the Customers nominated address if the Company or their agent is responsible for the installation of the Goods.
At the Companies sole discretion, the costs of delivery are
(a) in addition to the Price; or
(b) for the Customer’s account.
The Customer shall make all the arrangements necessary to take delivery of the Goods whenever they are tendered for delivery. If the Customer is unable to take delivery of the Goods as arranged, then the Company shall be entitled to charge a reasonable delivery fee for redelivery.
For installation, the job completion date can be put back and the job completion period extended by whatever time is reasonable in the event that the Company claims an extension of time where installation is delayed by an event beyond the Company’s reasonable control, including but not limited to:
(a) any failure by the Customer to;
(I) make instruction to the Company;
(ii) ensure that any works or materials being provided or arranged by the Customer are delivered on time; or
(iii) authorise any Variations in a timely manner;
(b) request by the Customer that the installation be delayed;
(c) the Company does not receive instructions or details in time to undertake the works;
(d) the delay in receipt of materials from third party suppliers;
(e) a shortage of suitably qualified installers;
(f) where the state or nature of the Customer’s premises results in unanticipated installation factors or requires additional equipment necessary to install the Goods;
(g) the delay in any local body or authority in giving any approvals required to complete the works; or
(h) any legal action undertaken by neighbours;
(i) bad weather;
(j) any Act of God;
(k) accidents;
(l) civil unrest;
(m) a strike or lockdown; or
(n) vandalism or theft.
In the event that completion of the installation is delayed under clause 5.4, the Company shall be entitled to claim any loss or expense incurred by such delay.
The failure of the Company to deliver shall not entitle either party to treat this Agreement as repudiated.
For the sake of clarity, any period or date for the delivery of the Goods stated by the Company is intended as an estimate only and shall not be deemed as a contractual commitment. The Company will use its best reasonable endeavours to meet any estimated dates for delivery and installation of the Goods; however, the Company shall not be liable for any losses or damages whatsoever where the Company fails to deliver or install the Goods (or any part of them) promptly or at all, where this is due to circumstances beyond their control.

6 Customer Acknowledgements

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The Customer acknowledges that while the Company may have provided information about the performance of the water filters and filtration systems, the Customer acknowledges that to the full extent allowed by legislation, that the Company shall not be deemed to have made any warranty or representations, expressed or implied, in relation to the filtration system, including whether or not it is suitable for a particular purpose unless the same is confirmed in writing.
The Customer acknowledges that:
(a) the Goods and Services are bought solely upon the Customer’s skill and judgement;
(b) the performance of the Goods may be affected by the actions of third parties and environmental conditions including, but not limited to, the quality of the municipal supply or source water, the location of the Goods and the surrounding structures and flora;
(c) the Company takes no responsibility for the quality of mains fed water or tank fed water being fed into the filtration system and it is the Customer’s providers responsibility to ensure that any inlet water is of potable quality; and
(d) all descriptive specifications, illustrations, drawings, data dimensions, and weights stated in the Companies fact sheets, price lists or advertising material are indicative only and that they have not relied on such information.

7 Installation

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The Customer warrants that any structures to which the Goods are to be affixed, can withstand the installation of the Goods and that any electrical connections (including, but not limited to, meter boxes, main switches, circuit breakers, and electrical cable) are of suitable capacity to handle the Goods once installed. If for any reason (including the discovery of asbestos, defective or unsafe wiring or dangerous access to roofing) that the Company, its employees or contractors reasonably form the opinion that the Customers premises is not safe for the installation of Goods to proceed then the Company shall be entitled to delay installation of the Goods (in accordance with the provisions of clause 5 above) until the Company is satisfied that it is safe for the installation to proceed.
The Company may at its sole discretion agree to bring the premises up to a standard suitable for installation to proceed but all such works undertaken, and any additional Goods supplied shall be treated as a variation and be charged for in addition to the Price.

8 Access

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The Customer shall ensure that the Company has clear and free access to the worksite at all times to enable them to undertake the works (including to undertake site inspections, to gain signatures for required documents, and for the delivery and installation of the Goods.
The Company shall not be liable for any loss or damage to the site (including without limitation, damage to pathways, driveways and concreted, paved, or grassed areas) unless due to the negligence of the Company.

9 Title & Risk

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If the Company retains ownership of the Goods, all risk for the Goods passes to the Customer on delivery, except where the Company or their agent is to install the Goods at the Customer’s nominated premises in which event all risk for the Goods shall pass to the Customer upon completion of the installation.
Where the Customer expressly requests the Company to leave Goods outside the Company’s premises for collection or to deliver the Goods to an unattended location then such Goods shall be left at the Customers sole risk (for the sake of clarity it shall be the Customers responsibility to ensure the Goods are insured adequately or at all).
The Company and the Customer agree that ownership of the Goods shall not pass until the Customer has:
(a) paid the Company all amounts owing to the Company; and
(b) met all their other obligations to the Company.
Receipt by the Company of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared, or recognised.
It is further agreed that:
(a) until ownership of the Goods passes to the Customer in accordance with clause 1.1 the Customer is only a bailee of the Goods and must return the Goods to the Company on request;
(b) the Customer holds the benefit of the Customer’s insurance of the Goods on trust for The Company and must pay to the Company the proceeds of any insurance in the event of the Goods being lost, damaged, or destroyed;
(c) the Customer must not sell, dispose, or otherwise part with possession of the Goods other than in the ordinary course of business and for market value. If the Customer sells, disposes or parts with possession of the Goods then the Customer must hold the proceeds of any such act on trust for the Company and must pay or deliver the proceeds to the Company on demand;
(d) the Customer should not convert or process the Goods or intermix them with other goods but if the Customer does so then the Customer holds the resulting product on trust for the benefit of the Company and must sell, dispose of, or return the resulting product to the Company as it so directs;
(e) the Customer irrevocably authorises the Company to enter any premises where the Company believes the Goods are kept and recover possession of the Goods;
(f) the Company may recover possession of any Goods in transit whether delivery has occurred;
(g) the Customer shall not charge or grant an encumbrance over the Goods nor grant, nor otherwise give away any interest in the Goods while they remain the property of the Company; and
(h) the Company may commence proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods has not passed to the Customer.

10 Defects

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The Customer shall:
(a) inspect the Goods on delivery and shall within two days of delivery (time being of the essence) notify the Company of any alleged defect, damage, or failure to comply with the description or quote; and
(b) shall afford the Company an opportunity to inspect the Goods within a reasonable time following delivery if the Customer believes the Goods are defective in any way.
If the Customer shall fail to comply with these provisions the Goods shall be presumed to be free from any defect or damage. For defective Goods, which the Company has agreed in writing that the Customer is entitled to reject, the Company’s liability is limited to either (at the Company’s discretion) replacing the Goods or repairing the Goods.
Goods will not be accepted for return other than in accordance with 11.1 below.

11 Warranty

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Subject to the conditions of goods and workmanship warranty set out in clause 11.2 the Company warrants that if any defect becomes apparent and is reported to the Company within twenty-four months of the date of delivery or installation (whichever is applicable) then the Company will either (at the Company’s sole discretion) replace or remedy the Goods or Workmanship.
The conditions applicable to the warranty given by clause 11.1 are:
(a) the warranty shall not cover any defect or damage which may be caused or partly caused by, or arise through:
(i) failure on the part of the Customer to:
(A) properly maintain any Goods; or
(B) follow any instructions or guidelines provided by the Company;
(ii) any use of any Goods otherwise than for any application specified on a quote or order form;
(iii) failure to promptly notify the Company, and the continued use of any Goods after any defect becomes apparent or would have become apparent to a reasonably prudent operator or user; or
(iv) fair wear and tear, extreme weather, any accident, or force majeure.
(b) all installations must be carried out by licenced Plumbers;
(c) the warranty shall cease, and the Company shall thereafter in no circumstances be liable under the terms of the warranty if the Goods or workmanship are repaired, altered, or overhauled without the Company’s express permission (including modifying, moving, or relocating any part of the system, even if temporary); and
(d) in respect of all claims, the Company shall not be liable to compensate the Customer for any delay in either replacing or remedying Goods or workmanship or in assessing the Customer’s claim.
To claim under this warranty, please contact the Company, by one of the following means:
Email: supports@hydroflofiltration.com.au
Phone: 1300 11 20 30
You will need to complete a warranty claim form and provide:
(a) your name, address, contact telephone number, purchase date;
(b) outline of the nature of the defect; and
(c) evidence of the defect.
You have other statutory rights. This warranty applies in addition to any statutory rights or remedies you may have. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. Warranty does not include service or labour charge.

12 Default and Consequences of Default

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Interest on overdue Invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent per calendar month (and at the Company’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
In the event that the Customer’s payment is dishonoured for any reason the Customer shall be liable for any dishonour fees incurred by the Company.
lf the Customer defaults in payment on any Invoice when due, the Customer shall indemnify the Company from and against all costs and disbursements incurred by the Company in pursuing the debt including legal costs of a solicitor and the Company’s collection agency costs.
Without prejudice to any other remedies the Company may have, if at any time the Customer is in breach of any obligation (including those relating to payment) the Company may suspend or terminate the supply of Goods to the Customer and any of its other obligations under the Terms and Conditions. The Company will not be liable to the Customer for any loss or damage the Customer suffers because the Company has exercised its rights under this clause
If any Invoice remains overdue after thirty (30) days then an amount of twenty dollars $20.00 or ten percent (10%), whichever is greater calculated from the amount overdue (up to a maximum of two hundred dollars $200.00), shall be levied for administration fees, the sum of which shall become immediately due and payable.
Without prejudice to the Company’s other remedies at law, the Company shall be entitled to cancel all or any part of any order of the Customer which remains unfulfilled and all amounts owing to the Company shall, whether due for payment or not, becomes immediately payable in the event that:
(a) any money payable to the Company becomes overdue, or in the Company’s opinion the Customer will be unable to meet its payments as they fall due; or
(b) the Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(c) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer.

13 Cancellation

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The Company may cancel any contract to which these Terms and Conditions apply or cancel delivery of Goods at any time before the Goods are delivered by giving written notice to the Customer. On giving such notice the Company shall repay to the Customer any sums paid in respect of the Price. The Company shall not be liable for any loss or damage whatsoever arising from such cancellation.
In the event that the Customer cancels delivery of Goods the Customer shall be liable for any loss incurred by the Company (including, but not limited to, any loss of profits) up to the time of cancellation.
Cancellation of orders for Goods made to the Customer’s specifications on non-stocked items will not be accepted, once production has commenced or an order has been placed.

14 General

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If any provision of these Terms and Conditions shall be Invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
If any provisions of these Terms and Conditions are inconsistent with the PPSA, the PPSA shall prevail to the extent of that inconsistency.
These Terms and Conditions and any contract to which they apply shall be governed by the laws of Queensland and are subject to the jurisdiction of the courts of Queensland.
The Company shall be under no liability whatsoever to the Customer for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the Customer arising out of a breach by the Company of these Terms and Conditions.
In the event of any breach of this contract by the Company the remedies of the Customer shall be limited to damages which under no circumstances shall exceed the Price of the Goods.
The Customer shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Customer by the Company nor to withhold payment of any invoice because part of that invoice is in dispute.
The Company may license or sub-contract all or any part of its rights and obligations without the Customer’s consent.
The Customer agrees that the Company may review these Terms and Conditions at any time. If, following any such review, there is to be any change to these Terms and Conditions, then that change will take effect from the date on which the Company notifies the Customer of such change. The Customer shall be under no obligation to accept such changes except where the Company supplies further Goods to the Customer and the Customer accepts such Goods.
Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, lock-down, industrial action, fire, flood, storm or other event beyond the reasonable control of either party.
The failure by the Company to enforce any provision of these Terms and Conditions shall not be treated as a waiver of that provision, nor shall it affect the Company’s right to subsequently enforce that provision.