Terms & Conditions

An Order is accepted when Eduardo's Pool & Spa confirms the Order, commences work, orders Goods specifically for the Customer, or otherwise accepts the Customer's request.

Once accepted, an Order may only be cancelled with Eduardo's Pool & Spa's written consent, except where the Customer has a right to cancel under applicable law. Where cancellation is agreed, the Customer may be required to pay reasonable costs already incurred, including specially ordered Goods, subject to applicable law.

Supply of Goods and Services is subject to availability. Eduardo's Pool & Spa may suspend or discontinue supply where reasonably necessary, including because of safety concerns, non-payment, unavailable parts or materials, or circumstances outside its reasonable control.

If only part of an Order can be supplied, these Terms and Conditions continue to apply to the part supplied.

Where a written quotation has been provided, the price or rate stated in that quotation applies for the validity period stated in the quotation. If no validity period is stated, Eduardo's Pool & Spa may confirm current pricing before accepting the Order.

Where no fixed quotation applies, Goods will be charged at Eduardo's Pool & Spa's current price at the date of supply and Services will be charged at the prevailing rate at the time the Services are performed.

Where progress payments apply, the quotation will identify the payment schedule. A separate Invoice may be issued for each progress payment.

Unless otherwise stated, prices are inclusive of GST. Any applicable GST will be shown on the Invoice.

Additional work, parts, travel, access equipment or labour not included in the original quotation may be charged separately where reasonably required and authorised, or where necessary to make the Site safe or accessible for the agreed Services.

The Customer must pay each Invoice within the payment terms stated on the Invoice.

If an amount remains overdue, Eduardo's Pool & Spa may suspend further supply or Services until the overdue amount is paid, subject to applicable law and any written agreement with the Customer.

Eduardo's Pool & Spa may recover reasonable debt collection and enforcement costs actually incurred in recovering overdue amounts, to the extent permitted by law.

Any late fee or interest stated on an Invoice, quotation or credit-account agreement will only apply to the extent it is lawful, reasonable and clearly disclosed to the Customer before or at the time the relevant credit terms are agreed.

The Customer must provide Eduardo's Pool & Spa's employees, agents and contractors with safe, clear and reasonable access to the Site at the agreed time.

The Customer may be charged the applicable service or call-out fee where attendance cannot reasonably proceed because:

(a) the pool, spa, equipment or relevant area is inaccessible;

(b) equipment has not been installed in accordance with manufacturer instructions, applicable standards or legal requirements and cannot safely be serviced; or

(c) additional labour, access equipment or other measures are required because of restricted access, working at heights or work health and safety requirements.

If the Customer is not the owner of the Site, the Customer warrants that it has authority from the owner or the owner's agent for the Goods or Services to be supplied at the Site and remains responsible for payment.

The Customer is responsible for advising Eduardo's Pool & Spa before attendance of any known hazards, access restrictions, animals, electrical risks or other conditions that may affect safe access or performance of the Services.

Title to Goods remains with Eduardo's Pool & Spa until full payment for those Goods has been received, to the extent permitted by law.

Risk in Goods passes to the Customer on delivery to the Site or collection by the Customer, except to the extent otherwise required by law or agreed in writing.

Until title passes, the Customer must not knowingly dispose of or encumber unpaid Goods in a manner that defeats Eduardo's Pool & Spa's lawful rights in those Goods.

Any right to enter premises or recover unpaid Goods will only be exercised to the extent permitted by law. The Customer is responsible for reasonable recovery costs where lawfully recoverable.

Our Goods and Services come with guarantees that cannot be excluded under the Australian Consumer Law where that law applies. Nothing in these Terms and Conditions is intended to exclude or limit those rights.

Manufacturer warranties, where supplied, are in addition to any rights the Customer may have under the Australian Consumer Law. Eduardo's Pool & Spa will reasonably assist the Customer with a manufacturer warranty claim where the Goods were supplied by Eduardo's Pool & Spa and proof of purchase is available.

Unless otherwise stated in writing, Eduardo's Pool & Spa provides a 90-day workmanship warranty on installation and repair Services from the date the Services are completed. This warranty covers defects in Eduardo's Pool & Spa's workmanship and is in addition to any non-excludable statutory rights.

Warranty coverage does not extend to faults caused by misuse, neglect, accidental damage, unauthorised alteration, incorrect installation by others, failure to follow manufacturer instructions, normal wear and tear, or external conditions beyond the work performed, except to the extent the Customer has rights that cannot lawfully be excluded.

Change-of-mind returns are subject to prior approval, proof of purchase, and the Goods being unused, complete and in as-new resaleable condition.

Approved change-of-mind returns must be returned at the Customer's cost unless otherwise agreed.

Approved change-of-mind returns may be subject to a handling or restocking charge of up to 10% of the Invoice price where reasonable and disclosed to the Customer.

Clauses 8.1 to 8.3 do not apply where the Customer is entitled to a refund, replacement, repair or other remedy under the Australian Consumer Law or another applicable law.

Eduardo's Pool & Spa may collect, use and store personal information as reasonably necessary to quote, supply Goods and Services, manage accounts, communicate with Customers, process warranty matters and meet legal obligations.

Personal information will be handled in accordance with Eduardo's Pool & Spa's Privacy Policy and applicable privacy laws.

Eduardo's Pool & Spa may update these Terms and Conditions from time to time. Updated terms apply to Orders placed after the updated terms are published or otherwise provided to the Customer. Existing Orders are not retrospectively varied unless agreed in writing or required by law.

If any provision of these Terms and Conditions is invalid or unenforceable, that provision is to be read down or severed to the extent necessary without affecting the remaining provisions.

A failure or delay by Eduardo's Pool & Spa to enforce a right does not waive that right.

These Terms and Conditions are governed by the laws of Western Australia and the parties submit to the courts and tribunals having jurisdiction in Western Australia, subject to any applicable law that provides otherwise.

Notices or correspondence to Eduardo's Pool & Spa may be sent to 74 Albert Road, Bunbury WA 6230 or through the contact details published at www.eduardospool.com.au.