Any contract of sale, order, or quotation made or accepted by or on behalf of Water Filters Pty Ltd (trading as Water Filters Pty Ltd) is subject to these terms and conditions of sale.

WARRANTY

  • Water Filters Pty Ltd warrants the Whole House Water Filtration Systems, Undersink Water Filtration Systems, Benchtop Water Filtration Systems, Reverse Osmosis Systems and Components to the original purchaser for a period of 5 years for parts only for Retail customers, and 2 years for parts only for Wholesale customers from the date of sale established by the date of the original.
  • Water Filters Pty Ltd warrants each new Product to be free from defects in the product for a period of 2 year from the date of retail sale established by the date of the original invoice issued by Water Filters Pty Ltd.
  • Water Filters Pty Ltd reserves the right in instalment sales to grant credit for the value of any Product found to be defective under this Warranty.
  • Water Filters Pty Ltd will not cover any labour charge incurred by the Buyer for the replacement or repair of any Product.
  • The Buyer is responsible for freight and local labour charges for Products the subject of this Warranty.
  • This Warranty applies only to the original purchaser of the Product.
  • Water Filters Pty Ltd’ obligation under this Warranty is limited to Water Filters Pty Ltd’ own option, to either repair or replace the Product, once Water Filters Pty Ltd has deemed that the Product is defective or Water Filters Pty Ltd may, at its own discretion, refund to the Buyer the purchase price paid for the defective goods.
  • This Warranty does not cover any Product that is relocated from the site of its original installation.
  • All replaced or exchanged parts taken out under this warranty become the property of Water Filters Pty Ltd.
  • This Warranty is subject to the Product being properly installed, maintained, being used for its intended purpose and operated strictly in accordance with Water Filters Pty Ltd’ recommendations and installation guide.
  • This Warranty does not extend to a Product that has been modified in any way unless with Water Filters Pty Ltd’ express consent.
  • This Warranty does not cover the normal wear and tear of the Product, or damage caused by misuse, abuse or vandalism. The Warranty does not cover any malfunction or failure resulting from neglect, use of unauthorised parts and accessories or use with higher water pressure than indicated on the Product.
  • The Warranty does not extend to damage caused by rain, fire, earthquake or other natural causes or acts of nature.
  • It is expressly agreed that this shall be the sole and exclusive remedy of the Buyer stated herein, and under no circumstances shall Water Filters Pty Ltd be liable for any costs, loss, expense, damages, special damages, incidental damages or consequential damages arising directly or indirectly from the design, manufacture, sale, use or repair of the Product whether based upon warranty, contract, tort or strict liability.
  • All Conditions and Warranties implied by law or statute are hereby expressly negatived so far as they lawfully can be.

ACCEPTANCE AND CLAIMS

Acceptance of the Products shall be deemed for all purposes to have taken place at the expiration from the date of each delivery.

Any damage caused during or as a result of transit will not be the responsibility of Water Filters Pty Ltd.

Any faulty systems must be returned with the Pressure Limiting Valve.

In the event of a Warranty Claim, the Product must be forwarded at the Buyer’s own risk and expense to Water Filters Pty Ltd, together with proof of purchase.

This limited Warranty is void if the Product under Warranty is presented without the said original invoice.

Water Filters Pty Ltd may request that a Statement accompany the Original Invoice, signed by the Buyer, setting out the following terms:

  • The name and address of the Buyer.
  • The date and by whom the Product was purchased.
  • The date and by whom the Product was installed.
  • The location where the Product was installed.
  • The date and time the Product first appeared to malfunction.
  • The nature of the problem with the Product.
  • The date and time of any and all loss event/s.
  • The date and time Water Filters Pty Ltd was first notified of the Product malfunction.

A failure by the Buyer to submit the said Statement within 28 days, after such request is made by Water Filters Pty Ltd, will automatically void the Warranty.

A failure to answer truthfully or to answer in a way that is misleading, entitles Water Filters Pty Ltd to void the Warranty and to notify the police in the event of suspected fraudulent conduct.

RISK

The risk in the Product will pass to the Buyer immediately upon the Product leaving Water Filters Pty Ltd’ premises for delivery to the place designated by the Buyer.

RETENTION OF TITLE

Water Filters Pty Ltd will retain title to (but not risk in) a Product delivered to the Buyer until Water Filters Pty Ltd has received payment in full for such Product from the Buyer.

The Buyer will store the goods in such a way as to enable them to be separately identified and will keep them insured at its own expense with Water Filters Pty Ltd’ interest noted on any such insurance cover.

If the Buyer fails to make any payment when due or becomes bankrupt or becomes insolvent, or has a judgement entered against it in any Court or enters into any scheme of arrangement, composition, or assignment or is in receivership or voluntary administration or liquidation, the Buyer grants Water Filters Pty Ltd the licence to enter any of the Buyer’s premises where the Product is stored, and without notice, to re -take possession of and remove, at the Buyer’s cost and expense, the Product in respect of which title has not passed to the Buyer.

RIGHTS FORFEITED

The Buyer forfeits any right or claim against Water Filters Pty Ltd warrantee if:

  1. The System is operated with a water temperature higher than 38° Celsius.
  2. The System is not serviced every 12 months. i.e. replacement of filters, PLV check and assessment of general condition of the system. If the drinking water quality is poor, the System should be serviced before 12 months.
  3. The System damage results from water hammer, freezing, neglect or is not installed by a licensed plumber in accordance with the AS3500 plumbing code and installation plan.
  4. The System is subject to water pressure that exceeds the maximum recommended pressure.
  5. The System is not installed with an Australian Standards approved Pressure Limiting and Dual Check Valve.
  6. The System has been found to be tampered with or if the goods have not been operated or maintained strictly in accordance with Water Filters Pty Ltd’ recommendations.
  7. The System is not turned off when the residents are away for over 24 hours.

PRICE

The price charged shall be Water Filters Pty Ltd’ price ruling at the date of delivery unless otherwise agree in writing. Any price indications or price lists are subject to alterations to Water Filters Pty Ltd’ price ruling at the date service or goods are supplied. Prices are as per Water Filters Pty Ltd’ wholesale unless otherwise agreed in writing.

The Buyer is responsible to effect and meet the costs of any insurance cover that is deemed necessary.

Clerical errors in computations, typing or otherwise of “catalogue, quotation, acceptance, invoice, delivery docket or other document” shall be subject to correction.

Any goods returned through no fault of Water Filters Pty Ltd will be subject to a 15% restocking fee.

DEFAULT

On the happening of any one or more of the following events, namely:

  1. the Buyer fails to make payment to Water Filters Pty Ltd on the due date;
  2. an administrator or liquidator is appointed over any or all of the assets of the Buyer or a scheme of arrangements is proposed to approve with respect to the Buyer;
  3. in the case of the Buyer being a natural person, the Buyer commits an act of bankruptcy; then Water Filters Pty Ltd may at its option exercise all or any of the following rights (notwithstanding any prior failure to exercise such rights):
    • demand payment of the whole of the monies owing from the Buyer to Water Filters Pty Ltd and the Buyer agrees to pay the same immediately
    • the Buyer shall pay to Water Filters Pty Ltd interest on such amount outstanding at the rate of 2% per month and any costs with respect to solicitors, legal advisors, mercantile agents and other agents acting on behalf of Water Filters Pty Ltd in respect of any enforcement hereof or recovery or attempted recovery of monies owing by the Buyer to Water Filters Pty Ltd.

SEVERENCE

If any of these terms or conditions become for any reason wholly or partly invalid, that term or condition shall to the extent of the invalidity be severed without prejudice to the to the continuing force and validity of the remaining terms and conditions.

JURISDICTION

Water Filters Pty Ltd and the buyer agree that this agreement and its provisions shall be construed in accordance with the laws of the State of Western Australia and be resolved by a Western Australian Court.