Disclaimer

H2ONLY TERMS AND CONDITIONS

1. Suitability for purpose

   Based on information provided to Cool Clear Water Group Ltd ("CCW") by the Purchaser, CCW has made reasonable endeavours to advise as to the suitability of the Equipment for the purpose intended by the Purchaser. However it is the responsibility of the Purchaser to assess the suitability of the Equipment for the purpose of the Purchaser and CCW accepts no responsibility or gives no warranty that the Equipment is suitable for the Purchaser's purpose.
   
   

2. Property Rights

   1. Unless agreed otherwise by the Parties in writing, ownership of the Equipment shall not pass to the Purchaser until the Purchaser has paid for the Equipment in full to CCW.
      
   2. CCW reserves its right to recover the Equipment from the Purchaser’s premises or any other location in the event that the Purchaser fails to make all payments in accordance with the Agreement.
      
   3. Any costs associated with the recovery of the Equipment from the Purchaser shall be borne by the Purchaser.
      
      

3. Interest on overdue amounts

   CCW may charge interest on any overdue amounts at the rate of one and one half percent per month for any part of a month for which payment remains due to CCW.
   
   

4. Installation

   1. Installation of the Equipment shall only be carried out by CCW or a qualified installer approved in advance by CCW. The Equipment must be installed in accordance with the manufacturer’s instructions. If the Equipment is installed by an unapproved installer the Warranty provided by CCW shall immediately become void and shall have no further effect.
      
   2. CCW shall use its best endeavours to install the Equipment, or arrange to have the Equipment installed, in accordance with any undertakings given in writing to the Purchaser. If for whatever reason such undertakings are not met by CCW, or its approved installer, CCW shall not be responsible for any costs or expenses incurred by any Party, including any third party, howsoever such costs or expenses may arise.
      
   3. Unless agreed otherwise in writing in advance, the installation of the Equipment shall only be undertaken by CCW, or its approved installer, during normal office hours. CCW reserves the right to make an additional charge for installation work which is undertaken outside of normal business hours at the request of the Purchaser. CCW shall have no obligation to perform installation work outside of normal business hours.
      
      

5. Standard Installation

   Only Where the equipment is sold at a price that includes installation, the following shall apply to such installation:
   1. Unless otherwise agreed in advance in writing, the price includes a standard installation;
   2. A standard installation excludes, inter alia, the following:
      1. Where there are no readily accessible exposed copper piping or dishwasher fittings at the required installation position: or
      2. Granite benchtop
      3. Where the location of the premises is not either in the metropolitan area or within 20km of the place of purchase.
   3. In the event that CCW, in its absolute discretion, considers that the installation is not standard, the Purchaser will bear any installation expense in excess of CCW’s standard installation allowance from time to time.
      
      

6. Safe Keeping

   While any amount remains outstanding for the payment of the Equipment by the Purchaser to CCW, the Purchaser shall be responsible for the safe keeping of the Equipment and to ensure that CCW’s rights in and to the Equipment are maintained.



7. Service and Repair

   1. While any amount remains outstanding for the payment of the Equipment by the Purchaser to CCW, servicing and/or repair of the Equipment must be carried out by CCW or a qualified person approved by CCW. If the Equipment is serviced or repaired by a person or persons not approved in advance by CCW any warranty provided by CCW shall immediately become void and shall have no further effect.
      
   2. Unless agreed otherwise in writing in advance, the service of the Equipment shall only be undertaken by CCW or its approved serviceman during normal office hours. CCW reserves the right to make an additional charge for service work that is undertaken outside of normal business hours at the request of the Purchaser. CCW shall have no obligation to perform service work outside of normal business hours.
      
      

8. Liability

   1. Subject to any statutory requirement under the Trade Practices Act 1974, CCW shall not be liable to the Purchaser, or any third party, for any loss or damage suffered by the Purchaser or any third party howsoever such damage or loss may be caused including but not limited to loss or damage caused by the negligence of CCW, its employees servants or agents related to the installation of the Equipment.
      
   2. CCW’s liability for any breach of its contractual obligations or for any omission or negligent act shall be limited to:
      
      1. The replacement of the Equipment or the supply of equivalent goods;
         
      2. The repair of the Equipment;
         
      3. The payment of the cost of replacing the Equipment or of acquiring equivalent goods; or
         
      4. The payment of the cost of having the Equipment supplied again.
         
         

9. No Indulgence

   Any indulgence provided from time to time by CCW to the Purchaser shall have no effect on the rights of CCW.
   
   

10. Cancellation of Order

    In the event that the Purchaser elects to cancel the order prior to the delivery of the Equipment, CCW reserves the right to charge or withhold from any refund an amount not less than the total amount of any costs incurred by CCW to the date of receipt of written confirmation from the Purchaser of the intention to cancel the order.
    
    

11. Return of Equipment

    The Purchaser shall be deemed to have accepted that the Equipment is of the description, quality and quantity ordered unless otherwise notified by the Purchaser to CCW in writing within three days after the arrival of the Equipment at the place of delivery. CCW will not accept the return of the Equipment under any circumstances unless such return is authorised in advance by CCW.
    
    

12. Law

    This Agreement shall be construed under the laws of Western Australia and the parties agree to submit to the courts of Western Australia in respect of any matters arising out of these Terms and Conditions.
    
    

13. Enforceability

    Any provision of, or the application of any provision of these Terms and Conditions, which is void, illegal or unenforceable in any jurisdiction does not affect the validity, legality or enforceability of that provision in any other jurisdiction or of the remaining provisions of these Terms and Conditions in that or any other jurisdiction.
    
    

14. GST

    1. In this clause:- “GST” refers to goods and services tax under the GST Act; “GST Act” means A New Tax System (Goods and Services) Act 1999 as amended or supplemented from time to time; Terms used have the meanings as defined in the GST Act.
       
    2. All consideration payable to CCW is exclusive of GST;
       
    3. If the GST Act is operative and any goods or service supplied is a taxable supply, then the consideration payable by the customer for that taxable supply is:
       1. firstly, adjusted by the financial impact to CCW of the removal of any or all indirect taxes associated with the introduction of the GST relating to the taxable supply; and
          
       2. secondly, increased by the GST liability relating to the consideration of the taxable supply.
    4. CCW must give the customer a tax invoice in the form and at the time required by the GST Act.