IM WATER PTY LTD Trading As Aqua Wise and Iron Systems Australia
ABN 31 651 543 234
LIMITED PRODUCT WARRANTY AND CONDITIONS OF SALE
Any contract of sale, order, or quotation made or accepted by or on behalf of IM WATER PTY LTD Trading As Aqua Wise and Iron Systems Australia including agents & suppliers and employees and or affiliated persons is subject to these terms and conditions of sale.
WARRANTY
Aqua Wise warrants each new product to be free from defects in material and workmanship for a period of 1 year or as the sold products manufacture PRODUCT WARRANTY from the date of retail / 6 months in commercial sale established by the date of the original invoice issued by Aqua Wise.
Customer must understand and agrees to Warranty does under no circumstances cover bore or ground water as changing conditions and acts of nature are outside anyone or anything’s control,
The product must be forwarded at the buyer’s own risk and expense to Aqua Wise, together with proof of purchase. Any damage caused during or as a result of transit will not be the responsibility of Aqua Wise.
Aqua Wise’s exclusive obligation under this warranty is, at Aqua Wise’s own option, to either repair or replace the product, once Aqua Wise had deemed that the product is defective.
Aqua Wise may, at its own discretion; refund to the buyer the purchase price paid for the defective goods.
Aqua Wise reserves the right in instalment sales to grant credit for the value of any product found to be defective under this warranty.
Aqua Wise 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 labour charges for products the subject of this warranty.
This warranty applies only to the original retail purchaser of the product.
This warranty does not cover any product that is relocated from the sight of its original installation.
All replaced or exchanged parts taken out under this warranty become the property of Aqua Wise.
LIMITED WARRANTY
Aqua Wise’s liability for any breach of this warranty shall be limited solely to replacement or repair at the sole option of Aqua Wise, of any part or parts found to be defective during the warranty period.
In no event will liability extend beyond the purchase price of the product.
This warranty is subject to the product being properly installed and maintained and being used for its intended purpose. and in com
The warranty will be void if the goods have been found to be tampered with.
The warranty will be void in commercial conditions if daily records and checks are not done and emailed to Aqua Wise
This warranty does not cover the normal wear and tear of the product, or damage caused by misuse, abuse or vandalism.
This warranty does not extend to a product that has been modified in any way unless with Aqua Wise’s express consent.
The warranty does not cover any malfunction or failure resulting from neglect or use of unauthorised parts and accessories, improper water pressure etc.
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 Aqua Wise be liable for any costs, loss, expense, damages, special damages, incidental damages or consequential damages arising directly or indirectly from the design, manufacture, sale, or use of repair of the product whether based upon warranty, contract, tort or strict liability.
The warranty limits Aqua Wise’s liability and is in lieu of all other warranties and liabilities expressed or implied.
All implied warranties of merchantability and fitness for a particular purpose are hereby disclaimed by Aqua Wise (agents & suppliers) and excluded from the warranty.
WARRANTY PROCEDURE
Goods damaged during transit must be reported within 5 working days of delivery.
A copy of the original invoice must be presented for any warranty claim as proof of purchase.
The faulty item must be returned to Aqua Wise if such a request is made.
This limited warranty is void if the product under warranty is presented without the said original invoice.
Aqua Wise 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 all loss / events.
- The date and time Aqua Wise were first notified of the product malfunction.
A failure by the buyer to submit the said statement within 48 hours of receiving goods, or after such request is made by Aqua Wise, will automatically void the warranty. A failure to answer truthfully or to answer in a way that is misleading, entitles Aqua Wise 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 Aqua Wise or (agents & suppliers) premises for delivery to the place designated by the buyer.
REFUND POLICY
Products supplied shall only be accepted as returns provided that:
- they are undamaged; and in perfect condition, when received by Aqua Wise
- Any insurance claims will be the sender’s responsibility
- they are returned to Aqua Wise within 7 days from the date of pick-up or delivery: and
- Except for defective products, 25% of the invoice cost of the products accepted for return is forfeited to Aqua Wise.
- Relevant invoice is accompanied with returned product(s).
RETENTION OF TITLE
Aqua Wise will retain title to (but not risk in) a product delivered to the buyer until Aqua Wise has received payment in full for the product and all other sums owing to it by the buyer. Until such payment, the buyer holds the product as bailee for Aqua Wise and may not sell or otherwise dispose of the product unless authorised by Aqua Wise. If the product is sold, the proceeds of sale will be placed in a separate trust account pending payment to aqua Wise. 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 Aqua Wise’s 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 Aqua Wise 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.
THIS WARRANTY IS VOID IF
The system is not turned off when residents are away for over 24 hours.
The system is not serviced every 12 months.
Product damage results from water hammer, freezing, neglect or is not installed by in accordance with the installation plan.
The water temperature exceeds 40 degrees Celsius.
The warranty will be void in commercial conditions if daily records and checks are not done and emailed to Aqua Wise
The pressure exceeds as per manufactures warranties
All filter housings and systems are not installed with an Australian Standards Approved Pressure Limiting and Dual Check Valve.
THIS LIMITED WARRANTY IS IN LIEU OF ALL OTHER EXPRESS WARRANTIES, EXPRESSED OR IMPLIED, ARISING BY LAW OR OTHERWISE, INCLUDING
WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EXCEPT AS EXPRESSLY PROVIDED
HEREIN, THE MANUFACTURER MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, ARISING BY LAW OR OTHERWISE, INCLUDING WITHOUT
LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO ANY PERSON. THIS WARRANTY MAY
NOT BE ALTERED, VARIED, OR EXTENDED, EXCEPT BY A WRITTEN INSTRUMENT EXECUTED BY THE MANUFACTURER. THE REMEDY OF REPAIR OR,
WHERE APPLICABLE, REPLACEMENT AS PROVIDED UNDER THIS LIMITED WARRANTY IS EXCLUSIVE. IN NO EVENT SHALL THE MANUFACTURER BE
LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES TO ANY PERSON, WHETHER OR NOT OCCASIONED BY NEGLIGENCE OF THE MANUFACTURER,
INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF USE, COSTS OR SUBSTITUTION, PROPERTY DAMAGE, OR OTHER MONETARY LOSS.