1. In these terms and conditions :
AQUACORP PTY. LTD. TERMS & CONDITIONS OF SALE
- (a) ‘AQUACORP’ means AQUACORP PTY. LTD. (ABN 57 073 230 421)
- (b) ‘WATERMART’ is a trade mark owned by AQUACORP PTY LTD
- (c) ‘Customer’ means the purchaser of the product.
- (d) ‘Products’ means the goods and products specified in any quotation and/or invoice issued by AQUACORP for and on behalf of all it’s entities, to acustomer.
- (e) ‘Business days’ means any day on which trading banks are open for business in South Australia, excluding Saturdays and Sundays.
- (f) ‘FIS’ means free into store.
2. Quotations and Orders.
All AQUACORP quotations are strictly valid for 30 days from the date of the quotation.
AQUACORP reserve the right to accept or decline any order for products placed by the customer.
All quotations made by AQUACORP and all orders for products accepted by AQUACORP are subject to these terms and conditions unless otherwise agreed in writing. Previous dealings between AQUACORP and any customer or the addition or alteration of any terms and conditions by a customer shall not vary or replace these terms and conditions.
3. Price and Payment.
Payment for products shall be due and payable 30 days from the date of the invoice unless otherwise agreed in writing by AQUACORP.
AQUACORP reserve the right to charge the customer any fees and charges that it may incur for all orders outside of Australia. This will be identified as an ‘Export Fee’ on AQUACORP’s invoices.
Payment can be made by Cheque, EFT or by Credit Card (Master Card, Visa only). A Bank Surcharge as set by AQUACORP’s credit provider is applicable for all Credit Card payments.
If full payment of any individual order is not received by AQUACORP within 55 days from the date the payment is due, AQUACORP may, at its sole discretion, put the customer on “stop supply” and any outstanding or new orders will be held until the outstanding amount has been paid in full in clear funds.
Interest may be charged at a rate of 4% per annum above the overdraft interest rate charged to AQUACORP by its banker, on any amount overdue from the date it becomes due to the date payment is received in full in clear funds by AQUACORP.
4. Retention of Title.
AQUACORP reserves the following rights in relation to the products until all monies owed by the customer to AQUACORP in respect of the products are fully paid in cleared funds;
(a) legal ownership of the product
(b) to enter the customer’s premises (or the premises of any associated company or agent where the products are located) without liability for trespass
or any result in damage and retake possession of the products, and (c) to keep or re-sell any products repossessed pursuant to (b) above.
Notwithstanding the provisions above AQUACORP shall be entitled to maintain an action against the customer for all monies owed by the customer to AQUACORP in respect of the products.
- (a) agrees that for the purposes of the Personal Properties Securities Act 2009 (“PPSA”) , until AQUACORP is paid in full, AQUACORP has a securityinterest in the products and the proceeds from any dealings with the products by the customer (“Security Interest”);
- (b) agrees that the Security Interest, where possible, will enable, but not oblige, AQUACORP to register a Purchase Money Security Interest (as defined in the PPSA) and, in any other case, will enable, but no oblige, AQUACORP to register the Security Interest on the PPS register in accordance with thePPSA;
- (c) consents to AQUACORP effecting and maintaining a registration of the Security Interest;
- (d) agrees, upon AQUACORP’s request, to do all things necessary to facilitate and maintain registration of the Security Interest; and
- (e) agrees to waive its right to receive notice from AQUACORP of a verification statement in relation to any registration on the register of a security interest inthe products.
AQUACORP has no obligation to accept any products from the customer unless the customer first obtains prior written approval from AQUACORP. AQUACORP’s approval may be subject to the following:
(a) handling charge; this may be deducted from the customer’s credit;
(b) charge for freight and insurance, which must be pre-paid otherwise it will be deducted from the customer’s credit;
(c) restocking fee up to 20% of the original value specified in the invoice, unless the products were wrongly delivered; (d) the products being returned packaged and in ‘as new’ and resalable condition; and
(e) any other terms and conditions it considers appropriate
The customer, when requesting AQUACORP’s approval, must include the original invoice or delivery docket with the return and specify which products are being returned and for what reason.
Any delivery date quoted or otherwise stated is an estimate only based on the information available at the time of quoting. AQUACORP shall not be liable for any loss or damage resulting from delivery or by delay occasioned to the customer arising from late or non-delivery.
The customer must within five (5) business days of the date the products are delivered to the customer or to the address specified by the customer notify AQUACORP in writing of any damaged or missing products. The customer must also provide photographic evidence of any damage. Unless AQUACORP receives such written notice, the products will be deemed to be accepted by the customer as per the order and free from damage or short supply and the customer will be barred from making any claim against AQUACORP.
AQUACORP will organize delivery to the customer’s nominated address in accordance with these terms and conditions as outlined in section 6 unless the customer nominates its own method of collection at the full expense to the customer.
Risk is to pass to the customer from the time at which the products are either collected or dispatched from an AQUACORP store.
AQUACORP general delivery terms are as follows;
– All products dispatched from AQUACORP warehouses will incur subsequent freight charges unless otherwise agreed (excl WATERMART product rage as mentioned below).
WATERMART product range general delivery terms are as follows;
– All WATERMART products are delivered FIS to any AQUACORP customers throughout Australia for products of a minimum order value of $500.00 Net (excl GST).
FIS terms only refer to dispatch to AQUACORP’s customer, not third party destinations unless otherwise agreed by AQUACORP.
7. Liability and Warranty.
All descriptions, specifications, illustrations, drawings, data, dimensions and weights contained in material prepared by AQUACORP, including catalogues, price lists, descriptive literature or other advertising material are only estimates. They are intended by AQUACORP to be general descriptions for information and identification purpose. AQUACORP does not warrant the accuracy of the descriptions, specifications, illustrations, drawings, data, dimensions and weights contained in material prepared by persons other than AQUACORP, including brochures AQUACORP supplies to the customers with the products.
AQUACORP makes no express warranties except to the extent that the products supplied are covered by manufacturer’s warranty; AQUACORP will use commercially reasonable efforts to pass onto the customer the benefit of the manufacturer’s warranty.
AQUACORP, subject to these terms and conditions, warrants that each product supplied to the customer shall be free from defect for a period of 12 months from date of the invoice unless the manufacturer warrants the individual product for a longer period.
To the maximum extent permitted by law and except as stated in these terms and conditions, AQUACORP excludes all terms, conditions and guarantees in relation to the products supplied, whether express or implied and statutory or otherwise.
To the maximum extent permitted by law and except as stated in these terms and conditions:
- (a) AQUACORP shall not be responsible for any representations or advice given by anyone on its behalf, including employees or agents, in relation to the products; the customer acknowledges and agrees that any representations or advice is accepted by the customer is entirely at the customer’s risk;
- (b) AQUACORP’s liability to the customer for any defect in the products, or the supply of the products, howsoever arising is limited, at AQUACORP’s option, to repair or replacement of the products or paying for the cost of repairing or replacing the products;
- (c) AQUACORP is not liable to the customer or anyone else in connection with the products or the supply of the products, including, for:
any losses, costs, damages, expenses, claims (of whatsoever nature, including damage to products and injury to any person) from: A. the loading, unloading or delivery of the products;
B. failure to deliver, or delay in delivering, the products;
C. failure to install the products in accordance with any instructions or guidelines;
D. the removal of defective products;
- (ii) any direct, indirect or consequential loss or damage, any loss of actual or anticipated savings, opportunity, revenue, profit or goodwill, or othereconomic loss; and
- (iii) any claims of whatsoever nature by a third party against the customer (or any loss or damage incurred or suffered by the customer as a result of anysuch claim);
- (d) the customer shall indemnify AQUACORP from all losses, damages, costs and expenses suffered by AQUACORP, including all fees (including legal fees on a fully indemnify basis) in recovering monies outstanding pursuant to these terms and conditions; the customer shall repay all such losses, damages, costs and expenses on demand;
- (e) the customer shall indemnify AQUACORP from all claims of whatsoever nature brought against AQUACORP arising out of AQUACORP’s use of or reliance on any materials, designs, drawings, specifications or information provided to AQUACORP by the customer.
The conditions applicable to any warranty given by AQUACORP are:
(a) the warranty shall not cover any defect or damage by the customer or a third party which, in AQUACORP’s sole discretion, is caused or partly caused by
- (b) if the products are repaired or maintained by a third party, without the consent of AQUACORP, the warranty shall cease and AQUACORP is thereafter not liable under the terms of the warranty;
- (c) in respect of all claims AQUACORP shall not be liable to compensate the customer for any delay in either assessing the customer’s claim or replacing the products.
The customer agrees to do all things necessary, including providing all material requested by AQUACORP to assess any warranty claim made by the customer.
Where the customer has made a warranty claim, AQUACORP may supply to the customer, at the customer’s cost in all things, replacement products. AQUACORP will pass onto the customer the benefit of the manufacturer’s warranty once received.
Any agreement, contract or transaction shall be deemed to have been made in South Australia and shall be governed by the laws of South Australia.
Any part(s) of these terms and conditions that is invalid or not enforceable, will be severed from these terms and conditions and the remaining parts of the terms and conditions will continue in force.
No failure or delay by AQUACORP to exercise its rights under these terms and conditions, will not operate as a waiver. A waiver is not valid or binding unless made in writing.
PLEASE NOTE : E. & O.E.