TERMS & CONDITIONS

This is a contract between Southwest water filtrations (referred to as the Company) and a customer (referred to as the Customer), where the Company agrees to supply goods and services to the Customer for an agreed price. The terms and conditions contained in this contract constitute a binding agreement between the Company and the Customer, which can only be amended with the written consent of the Company. The Customer is deemed to have accepted these terms and conditions when placing an order or accepting goods supplied by the Company.

The Goods referred to in this contract include all items supplied to the Customer by the Company, including services provided in connection with the supply of the Goods. The Price payable for the Goods is agreed upon by both parties in accordance of the contract or quote.

The Company reserves the right to substitute comparable components that comprise the Goods, subject to advance notification to the Customer. The Company may use contracted installers to install the Goods, and the Customer agrees to make any claims regarding damage, loss, performance or conduct of such an installer direct to the installers in the first instance.

The contract also covers payment terms, delivery of goods and any applicable taxes and duties. Payment for goods is due on delivery, unless otherwise agreed by the Company, and time for payment is stated on the invoice or any other forms. The Company reserves the right to impose a surcharge for credit card payments. Delivery of goods takes place when the Customer takes possession of the goods at the Company's address or the Customer's nominated address.

The contract is subject to the Competition and Consumer Act 2010 (“CCA”) and Fair-Trading Acts (“FTA”) in each of the States and Territories of Australia, except to the extent permitted by those Acts where applicable. None of the Company's agents or representatives are authorized to make any representations, statements, conditions, or agreements not expressed by the Manager of the Company in writing, nor is the Company bound by any such unauthorized statements.

In the event of a dispute, the parties agree to mediate the dispute before commencing any legal action.

The agreement states that the company makes no warranty or representation regarding the suitability of the filtration system for any particular purpose, except where confirmed in writing. The customer acknowledges that they have bought the goods based on their own skill and judgement, and that the performance of the goods may be affected by the actions of third parties and environmental conditions. The company takes no responsibility for the quality of the water being fed into the filtration system, and the customer is responsible for ensuring that any inlet water is of potable quality.

The customer warrants that any structures to which the goods are affixed can withstand the installation of the goods, and that any electrical connections are of suitable capacity to handle the goods once installed. The customer must ensure that the company has clear and free access to the worksite at all times.

If the company retains ownership of the goods, all risk for the goods passes to the customer on delivery, except where the company or their agent is to install the goods at the customer's nominated premises, in which case all risk for the goods passes to the customer upon completion of installation.

Ownership of the goods does not pass to the customer until they have paid all amounts owing to the company and met all other obligations to the company. Until ownership of the goods passes to the customer, the customer is only a bailee of the goods and must return the goods to the company on request. The customer must not sell, dispose of, or otherwise part with possession of the goods other than in the ordinary course of business and for market value.

Warranty
1.1 Subject to the conditions of goods and workmanship warranty set out in clause 1.2 the Company warrants that if any defect becomes apparent and is reported to the Company within twenty-four {24) months of the date of delivery or installation (whichever is applicable) then the Company will either (at the Company’s sole discretion) replace or remedy the Goods or Workmanship.
1.2 The conditions applicable to the warranty given by clause Warranty are:
(a) the warranty shall not cover any defect or damage which may be caused or partly caused by, or arise through:
(i) failure on the part of the Customer to properly maintain any Goods; or
(ii) failure on the part of the Customer to follow any instructions or guidelines provided by the Company; or
(iii) any use of any Goods otherwise than for any application specified on a quote or order form; or
(iv) failure to promptly notify the Company, 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
(v) fair wear and tear, extreme weather, any accident, or force majeure.
(b) all installations must be carried out by licenced Plumbers.
(c) the warranty shall cease, and the Company shall thereafter in no circumstances be liable under the terms of the warranty if the Goods or Workmanship are repaired, altered, or overhauled without the Company’s express permission (including modifying, moving, or relocating any part of the system, even if temporary).
(d) in respect of all claims, the Company shall not be liable to compensate the Customer for any delay in either replacing or remedying Goods or Workmanship or in assessing the Customer’s claim unless deemed a major failure and therefore within statutory obligations under Australian Consumer Law.

To claim under this warranty, please contact the Company, by one of the following means:
Email: sales@southwestwaterfiltration.com.au
Phone: 0407359994
You will need to complete a warranty claim form and provide:
(i) your name, address, contact telephone number, purchase date
(ii) outline ofthe nature ofthe defect
(iii) evidence of the defect

This clause states that in addition to the warranty provided by the company, the customer also has other statutory rights and remedies under the Australian Consumer Law. The Australian Consumer Law guarantees that goods come with certain guarantees that cannot be excluded, such as a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. The customer is also entitled to have the goods repaired or replaced if they fail to be of acceptable quality and the failure does not amount to a major failure. However, it's important to note that the warranty provided by the company does not cover service or labour charges.

Cancellation

The cancellation section of the Terms and Conditions outlines the conditions under which either party may cancel the contract. The Company has the right to cancel the contract or the delivery of Goods by providing written notice to the Customer, and in such a case, the Company shall refund any payments made by the Customer. However, the Company will not be liable for any loss or damage arising from such cancellation.

If the Customer cancels delivery of Goods, the Customer will be liable for any loss incurred by the Company, including but not limited to loss of profits, up to the time of cancellation.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.

Dispute

The Company may license or sub-contract all or any part of its rights and obligations without the Customer’s consent.

The Customer agrees that the Company may review these Terms and Conditions at any time. 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 Company notifies the Customer of such change.

Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, drought, storm, or other event beyond the reasonable control of either party.

Refund Policy
We offer refunds, repairs and replacements in accordance with the Australian Consumer Law. Before making a purchase, please read this Document to ensure you understand your rights and what you can expect from Southwest water filtration.All SWWF products come with guarantees that cannot be excluded under the Australian Consumer Law. However we are not required to provide a refund for change of mind. We will refund all deposits or payment amounts paid if the system installation can not be carried out for reasons outside the control of the company or the client.