Terms and Conditions

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TERMS AND CONDITIONS

1. Definitions

1.1. Customer: Refers to the individual or entity described on any Quotation, Work Authorization, Sales Agreement Form, Contract for Sale, or other forms provided by the Company.

1.2. Company: "Hello Water" (ABN 21 156 039 011).

1.3. Goods: All products supplied to the Customer, as described in various forms provided by the Company.

1.4. Services: All services supplied in connection with the supply of Goods by the Company to the Customer.

1.5. Price: The agreed amount payable for the Goods in accordance with clause 4 of this contract.

2. Compliance with Laws

2.1. This Agreement does not override any applicable provisions of the Competition and Consumer Act 2010 (“CCA”) and Fair-Trading Acts (“FTA”) in Australia.

3. Acceptance

3.1. Customer acceptance of the Goods or instructions for their supply constitutes acceptance of these Terms and Conditions.

3.2. Joint and several liability applies if more than one Customer enters into this agreement.

3.3. These Terms and Conditions are binding and can only be amended with the written consent of the Company.

3.4. The Company may use contracted installers at its discretion, ensuring their competence and insurance coverage.

3.5. The Company reserves the right to substitute comparable components of the Goods, notifying the Customer in advance.

4. Price and Payment

4.1. The Price shall be indicated on the provided Invoice, current pricelist, or a quoted Price accepted by the Customer.

4.2. The Company reserves the right to change the Price due to variations, changes in taxes, duties, or unforeseen circumstances.

4.3. Deposit may be required at the Company’s discretion.

4.4. Payment terms and methods will be as agreed between the Customer and the Company.

4.5. Time for payment shall be as stated on the Invoice or within seven (7) days if not specified.

4.6. Surcharge shall apply for credit card payments.

4.7. GST and other applicable taxes will be added to the Price, where applicable.

5. Delivery of Goods

5.1. Delivery occurs upon Customer possession or installation of the Goods.

5.2. Delivery costs may be specified in the Invoice or Quote.

5.3. Customer shall ensure proper arrangements for Goods delivery.

5.4. Installation delays may occur due to various factors; the Company may claim loss or expenses in such cases.

5.5. Estimated delivery dates are indicative; the Company is not liable for delays.

6. Customer Acknowledgements

6.1. The Customer acknowledges the limitations of warranties related to Goods and Services and their usage.

6.2. Goods performance may be affected by external factors and environmental conditions.

6.3. The Company does not take responsibility for the quality of the water being fed into the filtration system.

7. Warranty

7.1. The Company warrants to replace or remedy defective Goods or Workmanship reported within twelve (12) months of delivery or installation.

7.2. Warranty conditions and claim process are outlined in detail in the Warranty section.

8. Default and Consequences of Default

8.1. Interest may be charged on overdue Invoices, and dishonour fees may apply.

8.2. Customer is liable for all costs incurred in debt collection.

8.3. The Company may suspend or terminate Goods supply in case of default by the Customer.

9. General

9.1. Invalidity of any provision shall not affect the validity of the remaining provisions.

9.2. Provisions inconsistent with the PPSA shall prevail as per the PPSA.

9.3. These Terms and Conditions are governed by the laws of Victoria, subject to its jurisdiction.

10. Refund Policy

10.1. Refunds, repairs, and replacements are provided in accordance with Australian Consumer Law and the Company’s policy outlined in the Terms and Conditions Document.

10.2. Refunds for change of mind are not mandatory but may be provided at the Company's discretion.

10.3. Full details of the refund process are available in the Refund Policy section.

11. Installation

11.1 Customer Responsibility for Safe Installation

The Customer warrants that the structures intended for Goods installation can safely accommodate the Goods. Additionally, electrical connections (e.g., meter boxes, main switches, circuit breakers, electrical cables) must possess adequate capacity for safe Goods operation. If, at the Company's discretion, the premises are deemed unsafe for installation, the Company may delay installation until safety standards are met. The Company may agree to enhance premises safety, treating such works and additional Goods as Variations and charging them separately.

12. Access

12.1 Ensuring Adequate Access for Worksite

The Customer is responsible for providing unobstructed and free access to the worksite at all times. This includes allowing for site inspections, obtaining required signatures, and facilitating the delivery and installation of the Goods. The Company shall not be held liable for any loss or damage to the site, excluding cases of Company negligence.

13. Title & Risk

13.1 Passing of Ownership and Risk

Upon delivery, all risk associated with the Goods transfers to the Customer. However, if installation is carried out by the Company or their Agent at the Customer's designated premises, risk passes upon completion of the installation.

13.2 Goods at Unattended Locations

Goods left outside the Company's premises for collection or delivery to an unattended location are at the sole risk of the Customer.

13.3 Ownership Conditions

Ownership of the Goods remains with the Company until:

(a) The Customer fulfills all payment obligations to the Company, and

(b) The Customer meets all other contractual obligations.

13.4 Additional Ownership Conditions

Further conditions regarding ownership and treatment of Goods are detailed in this section, emphasizing the Customer's responsibilities and the Company's rights in regard to the Goods.

14. Defects

14.1 Inspection and Notification of Defects

The Customer must inspect the Goods promptly upon delivery. Any alleged defects, damages, or discrepancies with the description or quote must be reported to the Company within three (3) days of delivery. The Company should be given the opportunity to inspect the Goods if deemed defective. Failure to comply with these provisions presumes the Goods to be free from defects.

14.2 Return of Defective Goods

Defective Goods, as confirmed in writing by the Company, may be replaced or repaired at the Company's discretion. Consumer rights under relevant Australian consumer protection laws are acknowledged and respected.