Terms and Conditions of Trade

IMPORTANT - PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF TRADE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site is subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
 

1. Copyright

The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under Australian and other copyright laws, and is the property of Irriscape Pty Ltd. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Pool Parts Online or purchasing Pool Parts Online products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorised by Irriscape Pty Ltd. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

2. Trademarks

All trademarks, service marks and trade names used in the site are trademarks or registered trademarks of their registered owners.

3. Warranty Disclaimer

This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Irriscape Pty Ltd disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Irriscape Pty Ltd does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Irriscape Pty Ltd does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some jurisdictions do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

4. Limitation of Liability

Irriscape Pty Ltd shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Irriscape Pty Ltd has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

5. Typographical Errors

In the event that a Pool Parts Online product is mistakenly listed at an incorrect price, Pool Parts Online reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Pool Parts Online reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Pool Parts Online shall issue a credit to your credit card account in the amount of the incorrect price.

6. Term; Termination

These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Pool Parts Online without notice at any time, for any reason. All provisions shall survive any termination.

7. Notice

Pool Parts Online may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Pool Parts Online.

8. Miscellaneous

Your use of this site shall be governed in all respects by the laws of the state of New South Wales, Australia, without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Pool Parts Online products) shall be in the state or federal courts located in Sydney, New South Wales. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Pool Parts Online products) must be commenced within one (1) month after the claim or cause of action arises. Pool Parts Online's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Pool Parts Online may assign its rights and duties under this Agreement to any party at any time without notice to you.

9. Use of Site

Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Pool Parts Online or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libellous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organisation.

10. Participation Disclaimer

Irriscape Pty Ltd does not and cannot review all communications and materials posted to or created by users accessing the site and are not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Pool Parts Online is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Irriscape Pty Ltd reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Irriscape Pty Ltd in its sole discretion.

11. Indemnification

You agree to indemnify, defend, and hold harmless Irriscape Pty Ltd, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable legal fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

12. Third-Party Links

In an attempt to provide increased value to our visitors, Pool Parts Online may link to sites operated by third parties. However, even if the third party is affiliated with Pool Parts Online, Pool Parts Online has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Irriscape Pty Ltd. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Pool Parts Online seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).

13. Orders

All orders must be placed online via this website at which time the precise date and time the order is placed will be recorded together with the IP address from which the order was placed. Orders placed with and accepted by Pool Parts Online will be accepted strictly subject to these Terms and Conditions and the placing of such orders by the Purchaser shall be conclusive proof of the fact that the Purchaser has read, understands and agrees to these Terms and Conditions.

Whilst Pool Parts Online may guide the Purchaser to make an appropriate purchasing decision based on the requirement communicated to Pool Parts Online by the Purchaser, Pool Parts Online cannot guarantee that any item supplied will meet the Purchaser's specific requirement or environment or that the Purchaser will have the necessary expertise to use or operate any item supplied to the Purchaser. Therefore, any decision to purchase, and what item to purchase is at the Purchaser's sole discretion and risk and products purchased in error, or for which the Purchaser subsequently changes their mind, cannot be returned without following the Pool Parts Online Warranties and Returns procedure.

The Purchaser agrees that items supplied by Pool Parts Online are supplied on a supply only basis and do not include installation, programming or training.

Pool Parts Online requests that all Official Purchase Orders, for orders that have been placed online, be emailed or faxed to our Sales Department (parts @ poolpartsonline.com.au (remove the space before and after the "@" which is there to thwart SPAM email harvesters).

Orders cannot be cancelled once placed with Pool Parts Online and the Purchaser must accept delivery of the goods within seven (7) days of Pool Parts Online advising the Purchaser of the availability of the goods for delivery.

14. Agreed Price

Pool Parts Online's web site shows the Standard Price of each item, our sale Price. Also, Quantity Break Discounts may be given when multiple of the same item is purchased on the same order. The lower of these prices is what will be charged at the time of order, however, any discount that is given on the Standard Price, is given only on the condition that the order is paid for at the time of order by Credit Card or direct deposit within 48 hours of placement of the order.

Wholesale prices for items sold by Pool Parts Online are subject to change without prior notice from our suppliers especially if foreign currency exchange rates fluctuate. Since many items on our website are only ordered from our suppliers once the Purchaser places their order with Pool Parts Online, the price to the Purchaser may also need to be changed. If the price should go down, a credit will be given to the Purchaser. If the price should go up, the Purchaser will be offered the item at the increased price, or offered an alternate item and the Purchaser may cancel their order and be credited in full if they wish to.

Where Handing and Delivery Charges are charged on Pool Parts Online's Tax Invoice, the Purchaser acknowledges that the amount charged may not reflect the actual cost incurred by Pool Parts Online with the organisation effecting delivery and will include an allowance for packaging and handling and transportation and ancillary costs which may be averaged to enable a standard charge to be invoiced for what may be a large variety of actual delivery costs based on the vast distribution of destinations that Pool Parts Online delivers to.

15. Credit Payment Terms

Whilst the Purchaser may apply to pay for the Purchaser's Order within 7 days of Invoice by EFT or Cheque at the time of placing their order, Pool Parts Online reserves the right to not ship the items that are ordered until payment has been received and cleared by our bank.

In consideration of the provision of credit and the sale of goods and services to the Purchaser, the Purchaser's Partners, Director/s or other authorised officer/s of the Purchaser agree/s to guarantee to Pool Parts Online the due and punctual payment and performance by the Purchaser of all moneys to be paid and to the terms and conditions contained in Pool Parts Online's Terms and Conditions and the Purchaser acknowledges that the Purchaser shall not be released from liability under this guarantee otherwise than by the payment in full of the moneys payable by and the performance and observance of all of the obligations of the Purchaser under Pool Parts Online's Terms and Conditions. This guarantee shall be continuing and shall not be discharged by the winding up of the Purchaser and shall bind the successors and legal personal representatives of the Guarantor. The Purchaser charges (and where this guarantee is given by more than one person, jointly and severally charge) as beneficial owner all freehold and Leasehold in Land which the Purchaser may now have or may acquire.

Any signatory or individual placing an on-line order for a proprietary Company Purchaser shall be personally liable for the due performance of the Purchaser's obligations as if that person were the Purchaser.

16. Order Fullfilment

Pool Parts Online will endeavour to fill all orders promptly but will not be liable in respect of any delay occurring in the supply of the goods and/or services or any loss or costs the Purchaser may suffer as a result. Pool Parts Online shall not be liable for indirect or consequential loss or any loss to the Purchaser due to the delay.

17. Delivery

Delivery will be made to the location specified as the Shipping Address by the Purchaser when the Purchaser places their on-line order and the Purchaser shall be liable for all freight and handling charges and re-delivery charges should the Purchaser not be able to accept delivery when delivery is attempted.

18. Delivery Claims

Claims for short delivery or goods damaged in transit must be made in writing (email is acceptable) to Pool Parts Online within twenty-four (24) hours from the date and time of delivery. Claims after this period will be rejected by Pool Parts Online.

Damaged or defective goods "out of the box" will be collected and replaced at no charge to the Purchaser, provided the claim is made in writing. 

Irriscape Pty Ltd shall not be liable for indirect or consequential loss or damage suffered by the Purchaser as a consequence of any action or in-action on the part of Irriscape Pty Ltd. Unless specifically requested to do so by Purchaser, items are not insured for loss or damage during delivery. Consequently, Pool Parts Online's liability for the item ends once it is handed to a courier or deposited with Australia Post. Any claim for a lost item must be made with the relevant courier or Australia Post by the Purchaser.

19. Warranty Returns

Pool Parts Online offers Manufacturer's Warranty on all new parts supplied, for use in Australia only. This warranty does not extend to accessories or defects or injuries caused by or resulting from causes not attributable to faulty parts or the manufacture of the product, including but not limited to, defect or injury caused by or resulting from misuse, abuse, neglect, accidental damage, improper voltage, liquid spillage, pest infestation, software or any alterations which are not authorised by Pool Parts Online. Warranty repairs are to be returned to Pool Parts Online's nominated Warranty Repair Centre for repair, insurance and freight prepaid by the Purchaser, with appropriate paperwork including a copy of Pool Parts Online's original invoice and a completed Return Authorisation form. Please contact our Service Department (returns@poolpartsonline.com.au) to confirm warranty period on particular products. The Purchaser acknowledges that Pool Parts Online is a re-seller, neither a distributor nor a manufacturer and the warranty offered by Pool Parts Online is the warranty offered by the distributor or manufacturer. Goods returned to Pool Parts Online's nominated Warranty Repair Centre as part of a warranty claim may be on forwarded to the manufacturer or other third parties for assessment and either rejection of the warranty claim or repair or replacement in accordance with the applicable manufacturer’s warranty. An Inspection Fee of $110 including GST will be charged if an item returned for a Warranty repair is found not to be faulty.

20. Other Returns

A Returns Authorisation (RA) number must be issued BEFORE returning goods. Faulty, damaged during delivery, or incorrectly supplied goods can be returned and will be replaced at no charge to the Customer. A restocking fee of 20% will be charged by Pool Parts Online and will be deducted from whatever credit is given to the Purchaser by Pool Parts Online if an item is returned because the Customer has ordered it in error or has changed their mind - this is to cover Pool Parts Online's costs in assessing the returned item as being suitable to be sold to another customer as new stock. Original shipping fees will not be credited. Claims for credit must be made within seven (7) days of delivery. All credits may be given as a store credit against future purchases or as a refund to the credit card which was used to pay for the original order. Goods that are returned for credit must be in full re-saleable condition, returned in original packaging. All external and internal packaging must be complete and in original state. Writing and stickers on external packaging will not be accepted for credit. Returned goods must include all accessories, manuals, CD's, etc that were originally supplied and these too must be undamaged and complete. Freight and insurance of returned goods are at the Purchaser's cost and goods are returned at the customer's risk. If an RA number has not been issued, the goods will be returned to the customer at the customer's expense. A copy of the RA form and the original Pool Parts Online invoice must accompany any goods that are returned.

21. Account Adjustments

Where an account is overpaid, or if some other form of reimbursement is due to the Purchaser from Pool Parts Online, cash refunds will not be processed but a credit will be applied to the Purchaser's credit card or will be applied to the Purchaser's future purchases from Pool Parts Online.

22. Changes to Terms and Conditions

These Terms and Conditions may be changed at any time without notice and Pool Parts Online's current Terms and Conditions will always be viewable here