Terms & Conditions

DEFINITIONS
1. “CCA” means the Competition and Consumer Act 2010 (Cth).
2. “Customer” means the customer (or any person acting on behalf of and with the authority of the customer) as described on any Document.
3. “Document” means any quotation, work authorisation, sales agreement, contract of sale, or other form provided by the Provider to the Customer in respect of the supply of Goods and/or Services.
4. “FTA” means any fair-trading legislation in force in the State or Territory where the Goods and/or Services are supplied by the Provider to the Customer.
5. “Goods” means all goods supplied to the Customer as described on any Document.
6. “Price” means the price payable for the Goods and/or Services provided by the Provider to the Provider in accordance with these Terms.
7. “Provider” means Home Filtration Systems trading as Home Filtration Systems ACN 669 011 081.
8. “Services” means all services supplied in connection with the Goods by the Provider to the Customer in accordance with these Terms.
9. “Terms” means all of the terms and conditions in these Terms & Conditions.
10. “Third Party” means any third party contracted by the Provider to provide Goods and/or Services to the Customer in accordance with these Terms.
AUSTRALIAN CONSUMER LAW
1. Nothing in these Terms is intended to have the effect of contracting out of any applicable provisions of the CCA or the FTA in each of the States and Territories of Australia (including any substitute to those Acts or re-enactment thereof), except to the extent permitted by law.
ACCEPTANCE
1. Any instructions (whether oral or in writing) received by the Provider from the Customer for the supply of Goods and Services constitute acceptance of these Terms.
2. Upon acceptance of these Terms by the Customer these Terms are immediately and irrevocably binding upon the Customer except as varied with the written consent of the Provider.
3. Where the Customer is more than one natural person then all of the persons identified in any Document (or in the case of a corporate Customer, the corporation and its named directors) shall be jointly and severally liable for the Price for the Goods and/or Services.
4. To the extent of any inconsistency between any Document and these Terms, these Terms prevail.
5. The Provider may, at its discretion, use any qualified Third Party to provide the Goods and/or Services to the Customer on behalf of the Provider.
6. To the extent any Third Party causes loss and damage to the Customer, the Customer acknowledges and agrees that it may only make a claim against the Provider once it has exhausted all avenues of compensation and recovery directly from the Third Party (including any insurer of the Third Party).
7. The Provider may from time to time not be able to source the Goods and in that event the Provider may at its discretion substitute the Goods for comparable components without notice to the Customer.
8. The Customer acknowledges that the Provider may from time to time act by Third Parties but in each instance no Third Party or agent has the authority to make any representation, statement, inducement, agreement or condition on behalf of the Provider (and the Provider shall not be bound any of such action) unless and until the Provider confirms that such action is authorised in writing.
9. The Customer may amend the installation date for the Goods and/or Services by providing the Provider with no less than 48 hours’ notice in writing; the Provider reserves the right to charge a fee of $80 plus GST in the event the Customer does not provide such notice.
PRICE AND PAYMENT
1. At the Provider’s sole discretion, the Price for the Goods and/or Services shall be either:
  1. as indicated on the Document provided by the Provider to the Customer; or
  2. the Provider’s current Price at the date the Goods and/or Services are provided according to the Provider’s current pricelist; or
  3. the Provider’s quoted Price (subject to clause 4.2 below) which shall be binding upon the Provider, provided that the Customer shall accept the Provider’s quoted Price orally or in writing within 30 days of the date that appears on the Document.
2. The Provider reserves the right to change the Price:
  1. in the event of a variation to any Document (including, but not limited to, variations as a result of changes to quantities or the specifications); or
  2. in the event of a variation to the scope of the Goods and/or Services at the Customer’s request; or
  3. 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 Provider of labour and materials; or
  4. in the event that the Provider will incur additional costs due to unforeseen circumstances which are only revealed once the Provider has commenced providing the Goods and/or Services.
3. The Provider reserves the right to request a deposit be paid in relation to the Price prior to providing the Goods and/or Services to the Customer.
4. The Customer is liable to pay the Price to the Provider upon provision of the Goods and/or Services and such payment is due 7 days after the date stated on the Document.
5. Payment is to be made by the Customer in cash, cheque, bank cheque, credit card or direct credit, electronic transfer or by any other method as agreed between the Customer and the Provider; receipt by the Provider 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.
6. The Provider reserves the right to impose a surcharge of up to 1.5% for of the Price for payment by way of any standard credit card and 2.5% of the Price for AMEX.
7. The Price is exclusive of GST unless otherwise stated in any Document.
DELIVERY OF GOODS
1. At the Provider’s sole discretion delivery of the Goods shall take place when:
  1. if the Customer or any person or entity on its behalf takes possession at the Provider’s address, then at the time of delivery; or
  2. if the Goods are delivered by the Provider or a Third Party to the Customer’s nominated address, then at the time of delivery; or
  3. if the Goods and/or Services have been supplied at the Customer’s nominated address, at the time of completion of practical completion.
2. At the Provider’s sole discretion, the costs of delivery may be charged to the Customer and are in addition to the Price stated in any Document.
3. 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 Provider shall be entitled to charge a re-delivery fee.
4. Where the Customer requests the Provider to install the Goods at its nominated address, the Provider reserves the right to defer such installation for a reasonable time and for any reason including whether or not within the power and control of the Provider or any Third Party acting on its behalf.
5. In the event that the Provider or any Third Party acting on its behalf is unable to provide the Goods and/or Services by reason of the Customer for any reason whatsoever then the Provider shall be entitled to claim any loss and damage incurred by such delay.
6. The failure of the Provider to provide the Goods and/or Services under either of clauses 5.4 or 5.5 shall not entitle the Customer to repudiate any agreement with the Provider under these Terms.
7. For the avoidance of doubt any time or date provided to the Customer by the Provider or any Third Party acting on its behalf is not intended to be binding and is an estimate only and the Provider shall not be liable to the Customer for any loss and damage whatsoever as a result of any delay attributable to the Provider or Third Parties.
CUSTOMER ACKNOWLEDGEMENTS
1. The Customer acknowledges that while the Provider may have provided information about the performance of the Goods and/or Services, the Provider makes and shall not be deemed to have made any warranty or representations, express or implied, in relation to the Goods and/or Services or their performance except to the except required under the CCA or FTA.
2. The Customer acknowledges that the performance of the Goods and/or Services 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.
3. The Customer acknowledges that the Provider takes no responsibility for the quality of mains water or tank water fed into any filtration system, and it is the Customer’s or municipal providers’ responsibility to ensure that any inlet water is of potable quality.
4. The Customer acknowledges that all descriptive specifications, illustrations, drawings, data dimensions and weights stated in any Document are indicative only and that they have not relied on such information.
INSTALLATION
1. The Customer warrants that any structures to which the Goods are to be affixed are fit for purpose and have the ability to withstand the installation of the Goods including in respect of any electrical connections (including, but not limited to, meter boxes, main switches, circuit breakers and electrical cable) which the Customer warrants are of suitable capacity to handle the Goods once installed.
2. If for any reason (including the discovery of asbestos, defective or unsafe wiring or dangerous access to roofing) the Provider, its employees or Third Parties reasonably form the opinion that the Customer’s premises are not safe for the installation of Goods and/or Services then the Provider shall be entitled to delay provision of the Goods and/or Services at its discretion and until it is satisfied that it is safe to proceed.
3. The Customer may authorise the Provider (with the Provider’s agreement in writing) to bring the premises up to a standard suitable for provision of the Goods and/or Services though all such works undertaken, and any additional Goods and/or Services supplied shall be treated as a variation and will be charged to the Customer in addition to any Price previously quoted.
ACCESS
1. The Customer shall ensure that the Provider and any Third Party acting on its behalf 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 and/or Services).
2. The Provider shall not be liable for any loss and damage to the site (including without limitation, damage to pathways, driveways and concreted, paved, or grassed areas) unless due to the negligence of the Provider or Third Party subject to clause 3.6 above.
TITLE AND RISK
1. The Customer acknowledges and agrees that all risk for the Goods and/or Services passes to the Customer on delivery or following installation, as the case may be.
2. Where the Customer expressly requests the Provider to leave Goods outside the Provider’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 Customer’s responsibility to ensure the Goods are insured adequately or at all).
3. The Provider and the Customer agree that ownership of the Goods shall not pass until:
  1. the Customer has paid the Provider all amounts owing to the Provider; and
  2. the Customer has met all their other obligations under these Terms.
4. It is further agreed that:
  1. until ownership of the Goods passes to the Customer in accordance with clause 9.3 above, the Customer is only a bailee of the Goods and must return the Goods to the Provider on request;
  2. the Customer holds the benefit of the Customer’s insurance of the Goods on trust for the Provider and must pay to the Provider the proceeds of any insurance in the event of the Goods being lost, damaged, or destroyed;
  3. the Customer must not sell, dispose, or otherwise part with possession of the Goods;
  4. the Customer irrevocably authorises the Provider to enter any premises where the Provider believes the Goods are kept and recover possession of the Goods;
  5. 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 Provider; and
  6. the Provider may commence proceedings to recover the Price of the Goods and/or Services notwithstanding that ownership of the Goods has not passed to the Customer.
DEFECTS
1. The Customer shall inspect the Goods on delivery and within 3 days of delivery notify the Provider of any alleged defect, damage, or failure to comply with the description or quote in any Document.
2. The Customer shall afford the Provider an opportunity to inspect the Goods within a reasonable time following delivery if the Customer believes the Goods are defective in any way.
3. If the Customer fails to comply with clauses 10.1 and 10.2 above the Goods shall be presumed to be free from any defect or damage.
4. For defective Goods which the Provider has agreed in writing that the Customer is entitled to reject, the Provider’s liability is limited to either (at the Provider’s discretion) replacing the Goods or repairing the Goods.
5. The Customer acknowledges that Goods will not be accepted for return other than in accordance with the clauses above.
WARRANTY
1. Subject to the conditions of goods and workmanship warranty set out in clause 11.3 the Provider warrants that if any defect becomes apparent and is reported to the Provider from the date of delivery or installation the Customer is eligible to have the defect rectified or item replaced only if the Customer has maintained their annual servicing history being within term of 12 months of the most recent installation.
2. For the avoidance of doubt, no warranty will be honoured in the event the Goods and/or Services were provided more than 12 months after the defect arose.
3. The conditions applicable to the warranty set out in clause 11.1 are:
  1. the warranty shall not cover any defect or damage which may be caused or partly caused by or arise through:
    1. failure on the part of the Customer to properly maintain any Goods; or
    2. failure to adhere to annual servicing of the goods within 12 months of the most recent installation; or
    3. failure on the part of the Customer to follow any instructions or guidelines provided by the Provider; or
    4. use of any Goods other than for any application specified in a Document; or
    5. failure to promptly notify the Provider 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
  2. fair wear and tear, extreme weather, any accident, or force majeure.
4. The Customer agrees and acknowledges that the Services must be provided by licenced plumbers.
5. The warranty shall cease and the Provider shall thereafter in no circumstances be liable under the terms of the warranty if the Goods are repaired, altered, or overhauled without the Provider’s express permission (including modifying, moving, or relocating any part of the system, even if temporary).
6. In respect of all claims, the Provider shall not be liable to compensate the Customer for any delay in either replacing or remedying Goods or in assessing the Customer’s claim unless deemed a major failure and therefore within statutory obligations under the CCA or FTA.
7. No claim may be made other than by contacting the Provider, by one of the following means:
  1. email: sales@homefiltrationsytems.com or
  2. phone: 0474 189 347.
8. For the purposes of any claim under clauses above, the Customer is to provide the Provider with the following details:
  1. name, address, contact telephone number and purchase date;
  2. an outline of the defect; and
  3. written and photographic evidence of the defect where applicable.
9. The warranty in clause 11 is not transferred, assigned or novated to any subsequent registered owner of the property where the Goods and/or Services are provided other than with the written acceptance of the Provider and on the basis that any subsequent registered owner of the property must observe the annual servicing requirements set out in clauses 11.1 to 11.3 above in order to receive the warranty.
DEFAULT
1. Interest on overdue invoices shall accrue daily from the date when payment becomes due until the date of payment at a rate of 2.5% compounding monthly.
2. 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 Provider.
3. lf the Customer defaults in payment of the Price when due, the Customer agrees and acknowledges that it indemnifies the Provider from and against all costs and disbursements incurred by the Provider in pursuing the debt including legal costs of a solicitor and the Provider’s collection agency costs on an indemnity basis.
4. Without prejudice to any other remedies the Provider may have, if at any time the Customer is in breach of any obligation under these Terms (including those relating to payment) the Provider may suspend or terminate the supply of Goods and/or Services to the Customer and the Provider will not be liable to the Customer for any loss and damage the Customer suffers because the Provider has exercised its rights under this clause.
5. In addition to any right to claim interest, if any Invoice remains overdue after 30 days from the date of issue then an amount of $20 plus GST or 10% of the Price (whichever is greater, up to the amount of $200 plus GST) shall be levied at the discretion of the Provider for administration fees, the sum of which shall become immediately due and payable in addition to the Price and interest.
6. Without prejudice to the Provider’s other remedies at law, the Provider shall be entitled to cancel all or any part of any order for Goods and/Services which remains unfulfilled; all amounts owing to the Provider shall, whether due for payment or not, become immediately payable in the event that:
  1. any money payable to the Provider becomes overdue, or in the Provider’s opinion the Customer will be unable to meet its payments as they fall due; or
  2. the Customer becomes insolvent, convenes a meeting of its creditors or proposes or enters into any arrangement with creditors, or makes an assignment for the benefit of its creditors; or
  3. a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer.
CANCELLATION
1. The Provider may cancel any contract to which these Terms apply or cancel provision of Goods and/or Services at any time before the Goods and/or Services are provided by giving written notice to the Customer and on giving such notice the Provider shall repay to the Customer any sums paid in respect of the Price; the Provider shall not be liable for any loss or damage whatsoever arising from such cancellation.
2. In the event that the Customer cancels provision of any Goods and/or Services the Customer shall be liable for any loss and damage suffered by the Provider (including, but not limited to, any loss of profits) up to the time of cancellation.
3. 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.
GENERAL
1. If any provision of these Terms is invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
2. These Terms and any contract to which they apply shall be governed by the laws of Western Australia and are subject to the exclusive jurisdiction of the courts of that State.
3. The Provider shall be under no liability whatsoever to the Customer for any indirect and/or consequential loss and damage (including loss of profit) suffered by the Customer arising out of a breach by the Provider of these Terms.
4. In the event of any breach of these Terms by the Provider the remedies of the Customer shall be limited to damages which under no circumstances shall exceed the Price of the Goods.
5. The Customer shall not be entitled to set off or deduct from the Price any sums owed or claimed to be owed to the Customer by the Provider nor to withhold payment by reason of any dispute with the Provider.
6. The Provider may license or sub-contract all or any part of its rights and obligations without the Customer’s consent.
7. The Customer agrees that the Provider may review these Terms at any time and 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 Provider notifies the Customer of such change.
8. The Customer shall be under no obligation to accept any changes to these Terms except where the Provider provides further Goods and/or Services to the Customer and the Customer.
9. 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.
10. The failure by the Provider to enforce any provision of these Terms shall not be treated as a waiver of that provision, nor shall it affect the Provider’s right to subsequently enforce that provision.

Terms & Conditions

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