AQUATICA WATER PUMPS TERMS AND CONDITIONS
Last updated: 1st March 2018
These terms and conditions form part of the contract (“agreement”) between AQUATICA Water Pumps – ( Trademark Pending ) – ACN 622 105 944 trading as AQUATICA Water Pumps ( in this agreement, “we” or “us”) and the customer ( in this agreement, “you” ) that is formed when YOU & WE agree to sell products to you as quoted verbally or in writing via e-mail.
You acknowledge that these Terms and Conditions ( T & C’s ) and the Sale Authorisation embody the whole agreement between you and us to the exclusion ( if any ) of all other T & C’s.
By agreeing to buy products from us you agree to be bound by this agreement.
A reference to “products” in this agreement includes all goods be it Pump/s, Pump Covers, Freight services we provide to you, unless the context requires otherwise.
You agree to pay us in full for all products to be supplied before goods are shipped unless otherwise agreed. You further agree that payment of all amounts for “ GOODS “ and (in the absence of manifest error) all amounts set out in an invoice for Goods as Ordered become due immediately and certainly prior to shipping unless we have agreed otherwise.
You acknowledge that any breach of the above term may constitute theft, and that we may in any case exercise all of our legal rights, including (but without limitation) the right to cancel or refuse further dealings and to take legal action for the immediate recovery of all sums outstanding. In such circumstances, and in any circumstances where we have agreed to payment terms for whatever reason with you and payment is outstanding, you agree to pay to us interest on all amounts outstanding from the due date of payment at a rate equal to our then current bank overdraft rate as varied from time to time. You also agree to pay all of our costs of enforcing this agreement and our other legal rights, including all legal costs (on a solicitor/own client basis) and or mercantile agents’ fees incurred by us in recovering any amounts outstanding if at all.
Regardless of any payment terms that we may negotiate with you, all money owed by you to us shall become due immediately in the event that you become bankrupt or insolvent, or proceedings are instituted to render you bankrupt or insolvent, as those terms are respectively defined under the Bankruptcy Act 1966 (Cth) and the Corporations Act 2001 (Cth).
All of our stated or quoted prices are subject to change without notice. A quotation or price will become binding on us, only when this agreement is formed as described, in clause 1 — All quotations and prices include GST unless stated otherwise.
ALL quotations will be held on file and LOCKED IN PRICING for 30 Days from date of issue. After this date a NEW quotation may be required and pricing reviewed.
3. WARRANTIES AND CLAIMS
This clause is subject to any Law that cannot be excluded or modified by this agreement. All Pumps come with a minimum 2 Year Manufacturers Warranty for Parts and Labour if not replacement in full by Manufacturer. Any return of Goods and costs for freight will be paid by sender if not negotiated and confirmed that we and / or Manufacturer pays costs back to base or to service agent.
All products supplied by us are of merchantable quality and fit for their ordinary purpose. All advice and offerings we provide will be conducted with all due care and skill. Nothing in this agreement affects your statutory rights.
If any services provided by us are defective, we will rectify the defect(s) or provide a refund or credit to you equal to the reasonable cost of rectifying the relevant defect(s). If any product sold by us exhibits a fault in material or manufacture, then we will, subject to the conditions set out below, replace the product or give you a credit towards the purchase of a new product, any such credit being equal to the price paid for the faulty product. Any product so replaced will become our property immediately once it is replaced. Our liability is strictly limited to the cost of repair or replacement in each case, unless the law requires otherwise.
We will not accept any claim under the above paragraph or in pursuance of your statutory rights (“warranty claim”) where the relevant fault or damage has been caused by circumstances occurring after the product has left our premises, including fair wear and tear, further repairs not specifically authorised by us, improper use of a product or any other act or omission affecting your Pump or a product after risk has passed to you under this agreement.
Any Proposed Returns OUTSIDE or OTHER than Genuine Warranty Claims
Subject to the other provisions of this Warranty clause #3, you may return a product for a refund or exchange within 7 days of purchase of the product.
All return Freight is at YOUR COST. We will not be liable for your freight or other costs in returning products unless we advise you otherwise in writing or you are entitled to such costs at Law.
ALL Goods MUST be returned in Original Boxes and FIRST GRADE CONDITION with ALL parts and components. A restocking fee of 15% “MAY” be required depending on condition of returned goods. Goods CANNOT be returned after excessive use during the 7 day period.
Clear validation of reason of proposed return of Goods is also required prior to return.
All goods as dispatched on order MUST COME back – YOU CAN NOT keep components of any sort – Everything invoiced must be sent back in FIRST GRADE CONDITION – or as negotiated with Aquatica Water Pumps ™ Management. Any product sold to you ” off the shelf ” and returned by you under this clause must be returned in its original condition with all of its original packaging, manuals and documentation.
After this initial 7 Days return Window timeframe, we will only accept products returned under valid Warranty Claims.
Discontinued products, products not in merchantable condition will not be accepted for return except under a warranty claim. We will not consider any claim or return under this clause unless:
a. you can produce a receipt or other documentary evidence ( such as your Invoice as Paid or Copy of ) showing that you have paid for the product/s.
b. all product names and or code identifiers, identification marks and serial numbers incorporated into or onto the products by the manufacturer are still in or on each product that is the subject of the claim.
In most circumstances, a manufacturer’s warranty will apply in addition to any warranties we may apply from time to time provide under this agreement: in such cases, liability and warranty claim procedures may differ. Information about individual manufacturers’ guarantees can be obtained upon enquiry to us here at Aquatica Water Pumps.
It is our PURE intention to achieve a satisfactory resolution with our customers in relation to all claims and disputes.
4. LIEN AND ABANDONMENT
Further to clause 2, you hereby acknowledge that we have an equitable lien over all products in our possession belonging to you, (“Lien”), to secure payment of any or all amounts outstanding at any time.
Exercise of lien
You agree that we may, at our discretion, exercise the lien in respect of any due and unpaid amounts outstanding by you and may retain your Pump or any goods of yours in our possession & serve notice on you requiring immediate payment of the amounts outstanding by you.
Property in any product sold by us to you (including as part of services rendered) does not pass from us to you until you have paid for the services or product (as applicable) in full. Where we have indicated that we will accept payment by cheque or other negotiable instrument, title will pass to you upon all relevant funds being cleared. Products supplied by us will be at your sole risk immediately upon delivery to you or into a third party’s custody on your behalf (whichever occurs sooner).
We will not be liable to you or any third party in respect of any claim for injury, death, loss or damage to any person or property caused or arising out of the use of products sold by us, or out of any services performed by us, except to the extent that liability is imposed upon us or implied into a transaction by this agreement or by any statutory provisions that cannot be excluded by this agreement.
We have no authority to accept any goods for safe custody from you and will not be liable in any case for loss of, or damage to, any articles alleged to have been left with us by you or alleged to have been left – however such loss or damage was caused.
We will comply with all applicable privacy legislation, including the Commonwealth Privacy Act of 1988.
Unless indicated otherwise under this basic agreement, you hereby consent to us using your personal information for the following purposes:
a. our internal marketing activities, including database compilation, analysis of demographics and the processing or creation of other marketing information;
b. customer surveys and individual follow-up calls, letters or emails enquiring as to your satisfaction with our products and services;
c. advising you & the sending of special offers for your Friends, Neighbours, Family and general Colleagues
d. We will NOT EVER share your personal information ( e-mail and or postal address etc ) as collected for our sending f goods, quoting and / or internal marketing purposes to ANY 3rd Party whatsoever – ZERO – ZILCH – NADA- NEVER !
If, at any time, you wish to withdraw your consent to any one or more of the above purposes or have any other privacy concerns, please contact our Customer Service Officer on 1300 001 707.
9. VIRUSES, WORMS, TROJANS and DAMAGING FILES TRANSMISSION
Aquatica Water Pumps DO NOT ACCEPT liability for any damage caused by any Virus, Trojan Horse, Damaged Files transmitted via this website.
1. Aquatica Water Pumps does not claim that any information (including any files) obtained from or through this Site is free from viruses or other faults or defects.
2. You are responsible for scanning any information for viruses.
3. You agree that Aquatica Water Pumps™ has no responsibility or liability to you or any other person for any loss or damage (whether direct, indirect, consequential or economic), regardless of cause, negligence or otherwise, which may be the direct or indirect result of any such information.
4. If AQUATICA Water Pumps™ is found to be liable this will be limited to the cost of supplying the information again.
The proper Law of all agreements & invoices arising between you and us falls under the Laws of the State of Queensland.
The parties agree to submit to the exclusive jurisdiction of the courts of this State of Queensland.
Have any Questions?
If you have a question about our Terms of Sale, Marketing efforts etc. please be so kind to contact us via e-mail or on 1300 001 707