PK Pool & Spa Terms & Conditions

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TERMS & CONDITIONS

Please review our Terms and Conditions here. If you would like to contact us for further information, please use our Contact Page.

Terms & Conditions of Invoices

FOX ON A HILL Pty Ltd t/a PK Pool and Spa Care (“PK”) shall hereinafter be known as the “Seller”.

1. Payments

(a) The Client must pay the Fees as specified in this invoice.
(b) The purchase price for the Goods plus GST where applicable, is payable on or before the 7th day of the date of this Invoice (Payment Due Date), unless the parties agree different payment terms in writing.

2. Interest on Overdue Payments

(a) This clause applies if the Seller is not paid for any Goods or Services on the Payment Due Date specified in this agreement and pursuant to clause 1(b).
(b) This clause is without prejudice to any other right or remedy.
(c) The Buyer must pay interest on any outstanding amount not paid by Payment Due Date. Interest will be calculated at 10% per annum. Interest will accrue daily from the Payment Due Date until the outstanding amount is paid in full.
(d) The Seller may recover the price of the Goods, together with all interest, from the Buyer as a liquidated debt in a court or tribunal of competent jurisdiction. This is irrespective of any claim that the Buyer may have against the Seller for anything or matter related to the Goods delivered under this agreement.

3. Passing of title in goods upon payment

Title to the Goods will remain with the Seller until payment in full has been received. If payment in full is not made on the due date, the Seller has the right, with or without prior notice, to recover possession of the whole or any part of the Goods (and the Buyer agrees that the Seller may enter any premises occupied by the Buyer to satisfy that purpose) without prejudice to other rights and remedies.

4. Returns & Exchange Policy

(a) Our returns policy is in addition to your rights under the Australian Consumer Law
(b) The business will not accept returns due to a ‘change of mind’ by the purchaser
(c) The business will accept the return of products where;
(i) the product is faulty and/or is not of an acceptable quality
(ii) you can present reasonable evidence of purchase

5. Force majeure

If by reason of any fact, circumstance, matter or thing beyond the reasonable control of the Seller, either is unable to perform in whole or in part any obligation under this agreement:
(a) that seller is relieved of that obligation under this agreement to the extent and for the period that it is unable to perform such obligation; and
(b) that seller will not be liable to the other party to this agreement for failure to perform such obligation to the extent and for the period of non-performance contemplated by this clause.

6. No waiver

The failure of any party to enforce the provisions of this agreement or to exercise any rights expressed in this agreement:
(a) will not constitute a waiver of such provisions or rights and does not affect the enforcement of this agreement; and
(b) will not operate as an estoppel against the party who seeks to rely on the relevant provisions or rights at a later time.

7. Limitations of Liability

In selecting the goods and services the Buyer has not relied on the owners skills and judgement or on any representation made by or on behalf of the owner and agrees that the Goods comply with their description, are in merchantable condition and are fit for purpose.

8. Exclusion of representations and arrangements

This agreement supersedes and excludes all prior and other discussions, representations (contractual or otherwise) and arrangements relating to the supply of the Goods including, but not limited to, those relating to:
(a) the performance of the Goods;
(b) any part of the Goods; or
(c) the results that ought to be expected from using the Goods,
except to the extent of any legislation.

9. Disclaimer

(a) Except as provided in these conditions, all express and implied warranties, guarantees and conditions under statute or general law as to:
(i) merchantability, description, quality, suitability or fitness of the Goods for any purpose; or
(ii) design, assembly, installation, materials, workmanship or otherwise,
are expressly excluded.
(b) The Seller is not liable for physical or financial injury, loss or damage or consequential loss or damage of any kind arising out of:
(i) the supply, layout, assembly, installation or operation of the Goods; or
(ii) the Seller’s negligence or other act or omission; or
(iii) any claim by the purchaser is restricted to the re-supply of defective goods.

10. Dispute Resolution

(a) The following steps are to be taken if any disputes arise between the customer and PK regarding alleged faulty products;
(i) The Customer shall notify the business, in writing, that they believe a product is faulty and such notice is to be served on PK within 7 days of the work being completed.
(ii) The customer shall return any such faulty product to PK for inspection within 14 days of the notice being given.
(iii) The customer shall give PK 30 days for rectification, if the product is found to be faulty.
(iv) If there are disputes between the customer and PK regarding services or goods provided, the customer shall be entitled at their own expense to obtain a report by a qualified third party.
(v) Subject to the rights of either party to apply to any relevant statutory authority, if no agreement is reached regarding the alleged faultiness of services or products and in the absence of any settlement, the issues shall be referred to;
(A) A single mediator appointed by mutual consent
This clause applies on to disputes in excess of $5,000.00.
(b) Any disputes regarding faulty products or services does not waive the obligations of the customer to pay all monies owing to PK Pursuant to Clause 4.
(c) Qualified in this clause means accredited by or a member of SPASA.

Terms & Conditions of Quotations

FOX ON A HILL Pty Ltd t/a PK Pool and Spa Care (“PK”) shall hereinafter be known as the “Company” or “Seller”.

1. Invitation to treat

(a) Any and all parts of this Quotation are an Invitations to Treat and DO NOT constitute an offer.
(b) This document has no legally binding implications to any of the parties it has been intended for.

2. Time restraints

(a) Quotations are valid for a period of 14 calendar days from the date of issue, after which time rise and fall provisions will apply.

3. Pricing

(a) If there is any error or omission in the quotation contract, the Company reserves the right to amend the quotation contract price. This clause applies even if the quotation has been acknowledged by the customer.
(b) Prices quoted are subject to changes

4. Terms of Payment

(a) All payments due to the Company are to be made, without retention, within seven (7) calendar days (Payment Due Date) (net) after the issue of an invoice to the customer by the Business. Payment will be considered to be made when the funds are cleared in the Company’s nominated bank account
(b) The purchase price for the Goods plus GST where applicable, is payable on or before the Payment Due Date, unless the parties agree different payment terms in writing.

5. Interest on Overdue Payments

(a) This clause applies if the Seller is not paid for any Goods or Services on the Payment Due Date specified in this Quotation and pursuant to clause four (4).
(b) This clause is without prejudice to any other right or remedy.
(c) The Buyer must pay interest on any outstanding amount not paid by Payment Due Date. Interest will be calculated on the basis of 10% per annum. Interest will accrue daily from the Payment Due Date until the outstanding amount is paid in full.

6. Force majeure

If by reason of any fact, circumstance, matter or thing beyond the reasonable control of the Seller or the Buyer, either is unable to perform in whole or in part any obligation under future agreements:
(a) that party is relieved of that obligation under this agreement to the extent and for the period that it is unable to perform such obligation; and
(b) that party will not be liable to the other party to this agreement for failure to perform such obligation to the extent and for the period of non-performance contemplated by this clause.

7. Dispute Resolution

(a) The following steps are to be taken if any disputes arise between the customer and PK regarding alleged faulty products;
(i) The Customer shall notify the business, in writing, that they believe a product is faulty and such notice is to be served on PK within 7 days of the work being completed.
(ii) The customer shall return any such faulty product to PK for inspection within 14 days of the notice being given.
(iii) The customer shall give PK 30 days for rectification, if the product is found to be faulty.
(iv) If there are disputes between the customer and PK regarding services or goods provided, the customer shall be entitled at their own expense to obtain a report by a qualified third party.
(v) Subject to the rights of either party to apply to any relevant statutory authority, if no agreement is reached regarding the alleged faultiness of services or products and in the absence of any settlement, the issues shall be referred to;
(A) A single mediator appointed by mutual consent
This clause applies on to disputes in excess of $5,000.00.
(b) Any disputes regarding faulty products or services does not waive the obligations of the customer to pay all monies owing to PK Pursuant to Clause 4.
(c) Qualified in this clause means accredited by or a member of SPASA.

PK Pool and Spa | Book Online | Pool Supplies | Port Kennedy WA

CONTACT

9524 5827

3/1 Fielden Way
Port Kennedy WA 6172

Email:

info@pkpoolandspa.com.au

PK Pool and Spa | Book Online | Pool Supplies | Port Kennedy WA
PK Pool and Spa | Book Online | Pool Supplies | Port Kennedy WA

OPENING HOURS

MON - FRI
9:00AM – 5:00PM
SATURDAY
9:00AM – 4:00PM
SUNDAY
10:00AM – 3:00PM

PK Pool and Spa Port Kennedy - SPASA