Terms and Conditions

Aqua Cooler Pty Ltd

Terms and Conditions of Sale

These terms apply to all products you buy from us. You cannot vary these terms without our written approval. All references to “us”, “we”, “our”, etc. refer to Aqua Cooler. All references to “you”; “your” etc. refer to the customer placing the order and its representatives and if more than one, each of them jointly and severally.

1. Orders
   • Prevailing Terms. We will not be bound by your order until we accept it, which we may do by delivering the products to you. If the terms of your order differ from these terms, these terms will prevail.

• Order Form. You are responsible for checking the prices of products in your order and that your order sets out all products you require. We take no responsibility for any omissions or errors in the description of products or the prices set out in the order.

• Method of Ordering. You may only make an order by contacting us in writing, by phone or by the Internet.

2. Price
   • Prices listed in our current product catalogue are fixed until we issue a revised price list or otherwise notify you that the prices have been revised. Current prices for all items can be viewed online. We can vary prices at any time prior to accepting your order.

• You will pay us according to the applicable prices in line with your credit terms without deductions or set-off unless we otherwise advise in writing.

• Change in Costs. If, in our sole opinion, we cannot absorb any increase in costs (including production, freight, insurance or delivery) which arise after the date of your order but before delivery, the price you pay for your order will increase accordingly.

• Payments are to be made inclusive of any GST quoted on the invoice.

• Methods of Payment. We accept payment by Electronic Funds Transfer (EFT), cheque or corporate card (MasterCard or Visa only).

3. Delivery
   • You must give delivery instructions in your order, and if possible, we will arrange for delivery in accordance with those instructions. You must ensure that someone is present to accept delivery of the products on your behalf. As well as paying for the products, you will pay the carrier’s costs of transporting the products from our warehouse in all cases.

• Timing Estimates Only. Any times we quote for supply or delivery are estimates only. Delay in supply or delivery will not affect your obligation to accept or pay for the products.

• We reserve the right to supply or deliver by instalments. Each instalment will be deemed to be sold under a separate contract. You cannot refuse the order if we fail to supply or deliver any instalment.

• Risk of Loss. You bear the risk of any deterioration, loss or damage to the products from the time they are delivered to the carrier, when that carrier is nominated by you.

• You are responsible for all insurance of the products in transit unless we otherwise agree in writing.

4. Product Warranty
   • Inspection on Delivery. You must inspect the products as soon as they are delivered. If you do not you will be deemed to have accepted the products.

• Credit or Replacement. In the event of defective or damaged products, we may repair defective or damaged products or provide you with an equivalent amount of credit provided that:
  • you inspected the products on delivery and signed for them as damaged stock;

• you notified us of the damage or defect within 48 hours of delivery;

• you allow us access to inspect the products and investigate the complaint; and

• you have not used the products and they are in a saleable condition at the same time they are returned to us, otherwise, the products will be deemed to comply with your order and you will be bound to pay for them in accordance with these terms.

• Approval and Procedure. After obtaining our approval, you may return the product to us and must comply with all reasonable directions that we give you, including which carrier you must use. Special and indent items will not be refunded. A special item is one that is manufactured or altered to meet the customer’s specifications. An indent item is one that is not held in stock at Aqua Cooler but is ordered from the standard stock held by manufacturer/supplier.

• Transportation Costs. Aqua Cooler will pay transportation costs associated with the return of products which do not perform as specified upon delivery. In all other cases you will be responsible for costs associated with the return of products requiring action under the warranty. 

5. Liability
   • Exclusion of Legislation. The provisions of all legislation, including the Competition and Consumer Act 2012 (Cth) and the Fair Trading Act 1989 (Qld), do not apply to these terms except to the extent that they are unable to be excluded.

• Limitation of Liability. In no case will either party’s liability extend to any indirect, incidental or consequential damage to property, personal injury or loss of profit.

• You acknowledge that you have not relied on and have not been induced to purchase the products based on any representation by us other than as expressly recorded in these terms.

6. Passing of Title
   • Title Passes on Full Payment. Title to the products will not pass to you until we receive your full unconditional payment for them.

• If you are in default under these terms or commit an act pursuant to which bankruptcy or insolvency proceedings may be commenced against you then:

• We may immediately recover possession of the products from wherever they are stored:
• We may cancel deliveries to you;
• Payment of all monies which you owe to us will immediately become due and payable on demand;
• We may vary at our absolute discretion, the terms of payment or suspend or terminate any contract for the supply of products to you; and
• In addition to any other lien which we may be entitled to, we will be entitled to a general lien on all money and property belonging to you and in your possession to the extent of the unpaid price of any products.

• No Compensation. You are not entitled to any compensation in relation to any action which we take under the previous clause.

7. General
   • Force Majeure. We will not be liable for any delays or loss or damage you suffer arising from any cause beyond its control. This includes but is not limited to delays in transportation, handling or supply, accidents, fire, labour disputes, the requirements of any law or Government agency or other circumstance whether or not of a similar nature beyond our reasonable control, until that cause has ceased to have effect.

• With the exception of the time for delivery, time shall be of the essence.

• Relevant Law. These terms will be construed in accordance with the laws of Queensland and the parties submit to the jurisdiction of the Queensland Courts.

• The failure of either party to exercise any rights under these terms will not waive that right, nor will any practice developed between us waive or lessen our respective rights under these terms.

• Any provision of these terms which is found by a Court of competent jurisdiction or any competent Government authority to be invalid, illegal or unenforceable, will be severed from these terms and will be deemed never to have been part of them.