Terms of Trade
Our terms of trade are set out below. They govern our business relationship with our customers and should be read carefully. These terms apply to all trade in Pool and Spa goods and services between Eduardo’s Pool and Spa (the Business) and a customer. These terms are effective from the above date until these Terms of trade are updated.
1. Definitions and Interpretation
1.1 In these terms and conditions:
(a) Customer means the person or entity named in the Invoice;
(b) Goods mean any products and or related parts and components supplied by Eduardo’s Pool and Spa during the provision of Services;
(c) GST means goods and services tax in accordance with A New Tax System (Goods and Services Tax) Act 1999 (Cth);
(d) Invoice means the billing document issued by Eduardo’s Pool and Spa for the supply of Goods or the provision of Services.
(e) Order means any order for or any statement of intent to purchase Goods or Services placed by the Customer with Eduardo’s Pool and Spa;
(f) Eduardo’s Pool and Spa means Eduardo’s Pool and Spa Australia Pty Ltd ACN 623872908
(g)Services mean all services, installation, commissioning, maintenance or repairs provided by Eduardo’s Pool and Spa, its agents or contractors in relation to any products, appliances, or any other Goods or services referred to in the Invoice; and
(h) Site means premises listed in the Invoice.
1.2 Only these terms and conditions, and terms which cannot be excluded by law, bind Eduardo’s Pool and Spa. All other conditions, warranties and representations (including any conditions attached to the Customers purchase order or the Customer’s acceptance of a written quotation) are excluded.
1.3 Any special conditions specified in the Invoice shall, to the extent they are inconsistent with these terms and conditions, shall take precedence over these terms and conditions.
2. Orders
2.1 Once an Order has been accepted by Eduardo’s Pool and Spa, the Order formed by that acceptance cannot be cancelled by the Customer.
2.2 The supply of Goods and Services by Eduardo’s Pool and Spa is subject to availability.
2.3 Eduardo’s Pool and Spa reserves the right, at any time and for any reason, to suspend or discontinue the supply of Goods or the provision of Services to the Customer without penalty. If Eduardo’s Pool and Spa is unable to supply all of the Customer’s Order, these terms and conditions will continue to apply to any part of the Order supplied.
3. Pricing
3.1 All prices are subject to change without notice. Prices charged are those at the date of delivery.
3.2 Where a quotation has been given by Eduardo’s Pool and Spa, the price or rate is that specified in the quotation. The price for any Goods provided will be in accordance with the Eduardo’s Pool and Spa price list current at the date of supply and the charge for the Services will be at the Eduardo’s Pool and Spa prevailing rates at the time of supply.
3.3 In cases where Eduardo’s Pool and Spa intends to progress bill the Customer for the supply of Goods or the provision of Services, Eduardo’s Pool and Spa will do so on a percentage (%) of completion of works basis and specify the billing schedule in its written quotation. A separate Invoice will be raised for each progress payment in accordance with the billing schedule.
3.4 Unless otherwise specified, all prices are inclusive of GST and any GST applicable to the supply of Goods and or provision of Services will be indicated on the Invoice produced to the Customer.
4. Payment
4.1 The Customer must make payment within the payment terms on the invoice.
4.2 Overdue accounts are subject to a late fee of $10 per month calculated on a monthly basis from the month following due date to the month of payment, and/or collection costs 18% +GST and interest charge.
4.3 The client agrees to indemnify Eduardo’s pool and keep Eduardo’s harmless for all claims by causes of action which may arise by Eduardo’s Pool and Spa retaking possession and the client agrees to pay Eduardo’s costs of retaking possession. Eduardo’s will be entitled but not obligated to resell any Goods repossessed pursuant to the provisions of this clause
5. Access to the Site
5.1 The Customer agrees to give clear and safe access to the Site to Eduardo’s Pool and Spa employees, agents and contractors at an agreed time to supply the Goods and Services.
5.2 The Customer shall pay:
(a) Any service call out fee if the pool or equipment is not accessible and as a result not serviceable;
(b) Any service call out fee if the Goods are not installed in accordance with manufacturer’s installation instruction, applicable standards and or regulations, and as a result not serviceable; and
(c) All costs and expenses associated with making the Goods accessible for Service, such as restricted access or working at heights, or the labour cost for an additional persons(s) due to Occupation, Health and Safety requirements.
5.3 If the Customer is not the owner of the Site, the Customer represents and warrants to Eduardo’s Pool and Spa, that:
(a) he/she has obtained the consent of the owner and any agent of the owner of the Site for Eduardo’s Pool and Spa to supply the Goods or Services to the Site;
(b) he/she is liable to pay Eduardo’s Pool and Spa even though it is not the owner of the Site; and
(c) he/she will indemnify Eduardo’s Pool and Spa against all costs or damage suffered by Eduardo’s Pool and Spa or which is claimed against Eduardo’s Pool and Spa arising from any breach of this clause 5.3 by the Customer.
6. Title and Risk in Goods
6.1 The title and ownership of the Goods remain with Eduardo’s Pool and Spa until full payment is received for all the Goods.
6.2 The Customer indemnifies Eduardo’s Pool and Spa, its employees, agents and contractors for any costs of removal, claims, actions and causes of action of any kind in respect of the removal of Goods under clause 6.2.
6.4 Risk in the Goods passes to the Customer on their delivery to the Site.
7. Warranty
7.1 All goods are sold subject to the warranties provided by the respective manufacturers. Eduardo’s Pool and Spa does not accept any claims beyond those warranties but will endeavour to obtain, on behalf of its customers, replacement, or repair of faulty items subject to manufacturers.
7.2 Labour and workmanship for Installation and Repair on goods are guaranteed for a period of 90 days from the date the Services are provided (Services Warranty).
8. Returns
8.1 Goods returned for credit will not be accepted without prior approval and the goods returned must be in as new condition and proof of purchase is required.
8.2 Freight must be prepaid, or the goods will either not be accepted, or the amount of freight will be deducted from the credit total.
8.3 Returned goods may be subject to a handling charge of 15% of the invoice price.
9. General
9.1 Eduardo’s Pool and Spa may amend or vary these terms and conditions at any time by posting an amended copy on Eduardo’s Pool and Spa’s website (www.Eduardo’s Pool and Spa.com.au) and providing a copy to the Customer when an Order is placed for the supply of Goods or provision of Services. The Customer agrees to be bound by these terms and conditions as amended.
9.2 Eduardo’s Pool and Spa may collect the Customer’s personal information in order to provide the Goods and Services. Eduardo’s Pool and Spa will use and hold such personal information in accordance with its Privacy Policy.
9.3 The invalidity or enforceability of any provision of these terms and conditions shall not affect the validity or enforceability of the remaining provisions.
9.4 The failure by Eduardo’s Pool and Spa to enforce, at any time or any period, any term of any contract incorporating these terms and conditions shall not constitute waiver of such term and shall in no way affect its right to enforce it.