HotwaterTek Terms & Conditions

HotwaterTek is Adelaide's reliable and trusted experts for Hot Water Systems

By instructing HotwaterTek to supply the Goods or Services, the Client acknowledges that it has read and agrees to be bound by the terms of this agreement.

  1. Definitions
    Client means the client as per the front of the invoice or their authorized representative.Goods means the goods supplied by HotwaterTek to Client under this agreement.Intellectual Property Rights means any and all intellectual and commercial property rights throughout the world including, without limitation, copyright trademarks whether registered or unregistered, designs, patents, confidential information, know how and trade secrets, whether or not now existing and whether or not registered or registrable and includes applications for and any right to apply for registration of such rights and includes all renewals and extensions.Order means an order placed by Client with HotwaterTek for the supply of Good and/or Services whether or not HotwaterTek has issued a quotation for the supply of the Goods and /or Services. Price means the price of Goods and Services set out in HotwaterTeks tax invoice and includes the Goods and Services Tax (GST), postage, handling, freight and other charges affecting the cost of the Goods or Services. Services means goods supplied by HotwaterTek to the Client under this agreement.
  2. Quotation and Orders
    1. Unless previously withdrawn, a quotation issued by HotwaterTek is open for acceptance for 30 days. HotwaterTek reserves the right to refuse any Order placed by the Client within 7 days of the Order being placed.
    2. Any quotation is based on the technician’s professional estimation on site, verbal over the phone or provided pictures by the client. HotwaterTek reserves the right to vary the quotation if unforeseen issues arise.
    3. Once an Order has been accepted by HotwaterTek, the Client cannot cancel it without the express consent of HotwaterTek. Where HotwaterTek has already ordered goods from a third party, cancellation will only be possible if HotwaterTek can return the goods to the third party at no loss to HotwaterTek.
    4. HotwaterTek may, at any time after acceptance of an Order, cancel the supply of Goods or Services or any part of them and HotwaterTek  will not be liable for any loss or damage suffered by the Client as the result of such cancellation.
    5. If there is any change, variation in the Goods of Services, the subject of the Order or any extra work carried out by HotwaterTek, these will be charged by HotwaterTeks standard rate and noted down in the tax invoice.
  3. Price and Payment
    1. The Price is payable in full without any deduction when the Goods or Services are supplied unless otherwise agreed in writing by HotwaterTek. Payment is due on completion of work.
    2. If the supply of Goods or Services is on account, payment is due within 7 days. Where the Client has an agreed payment plan, payment must be completed by the end of the payment plan. The payment plan will be documented in the invoice and the client is liable to provide personal information such as credit history, address and ID.
    3. Clients may be charged interest on any overdue amounts at the rate of 4.5% per annum above the then current cash rate target of the Reserve Bank of Australia, calculated daily from the day the payment became due until the day of the full and final payment.
    4. Client agrees to pay HotwaterTek any expenses (including legal costs) incurred in collecting any outstanding debts due by client to HotwaterTek.
    5. Payments must be made by one of the HotwaterTek accepted payment methods at the time payment of the Price is due. If payment is not made by cash, then payment will not be deemed to have occurred until the full Price has been cleared and is available for HotwaterTeks use.
  4. Supply of Goods and Services
    1. Goods and Service’s will be supplied to the Client’s address on the quotation unless otherwise notified to HotwaterTek by Client.
    2. Clients must ensure that there is clear and adequate access to the area where the Goods are to be delivered and the Services supplied. HotwaterTek will not be liable for any loss or damage suffered by Client or its property because of inadequate access.
    3. HotwaterTek may deliver Goods or Services in installments. If separate invoices are raised for each installment Client must pay the invoice in accordance with the terms of this agreement and is not entitled to wait until all installments of the Goods or Services have been supplied.
    4. HotwaterTek will use its best endeavors to supply Goods or Services in accordance with the quotation but will not be liable to Client for any delay in the supply of the Goods or Services no matter what the reason, including negligence by HotwaterTek.
    5. Postponement of supply of Goods or Services by the Client may incur an additional fee which will form part of the Price.
  5. Title and Risk
    1. The risk of loss or damage to the Goods passes to Client when the Goods are delivered to the Client’s address on the quotation or any other address notified to HotwaterTek by Client.
    2. Notwithstanding delivery of the Goods to Client, title in the Goods will not pass to the Client until the Client’s payment has been processed or otherwise received by HotwaterTek. If Client’s payment is declined for any reason HotwaterTek reserves the right to reclaim the Goods from the Client’s possession, custody or control even delivered to the Client or moved from the delivery address. HotwaterTek reserves the right to keep or sell the Goods.
  6. Damaged or Defective Goods
    1. Clients must inspect the Goods within 48 hours of delivery and if any Goods are damaged or defective.
    2. The Client must immediately notify HotwaterTek in writing giving details of the detect or damage and Client will comply with all reasonable directions of HotwaterTek in dealing with the Goods.
    3. Nothing in this clause 6 is intended to effect or limit any guarantees which by law are implied into the agreement.
    4. HotwaterTek is not liable for any damage arising once the Goods have been delivered to the Client or arising out of the Clients’ handling, storing or other negligent act in relation to the Goods.
  7. Warranty and Limitation of Liability
    1. In relation to any Goods which are the subject of a manufacturers’ warranty, the Client agrees to comply with the terms of the manufacturer’s warranty in the event there is a defect in the Goods.
    2. To the extent permitted by law, all terms, guarantees, warranties, representations, or conditions which are not expressly stated in this agreement are excluded. If HotwaterTek is liable for a breach of an imposed term, guarantee, warranty, representation or condition of warranty, HotwaterTeks liability is, at HotwaterTeks opinion, limited to:
      1. the replacement of the Goods or the supply of equivalent
      2. the repair of the Goods
      3. the payment of the cost of replacing the Goods or acquiring equivalent goods; or
      4. the payment of the cost of having the Goods repaired or having the Services supplied again.
    3. To the extent permitted by law HotwaterTek will not be liable for any special, indirect or consequential loss or damage, loss of profit or opportunity and loss of data arising out of or in connection with the Goods or Services, including as a result of the late or non-supply of the Goods, whether at common law, under contract, tort (including negligence), in equity, pursuant to the statute or otherwise.
  8. Indemnity
    1. The Client indemnifies and keeps indemnified HotwaterTeks and its directors, agents and employees against all actions, claims, losses, liabilities, costs or expenses (including reasonable legal costs or expenses) which may be brought against or suffered or incurred by any of them, arising directly or indirectly out of or in relation to damage to the premises, the work site or any property of HotwaterTeks lets at the Clients’ premises or in respect of injury to any person at the Client’s premises or as the result of a breach of this agreement by the Client.
  9. Intellectual Property Rights
    1. HotwaterTek owns or is the exclusive licensee of all Intellectual Property Rights in any drawings, specifications, diagrams or other materials created by HotwaterTek for the purposes of supplying the Goods or Services.
    2. The Client warrants that any drawings, specifications, diagrams or other materials it supplies to HotwaterTek will not infringe the Intellectual Property Rights of any third party.
  10. Description of Work
    1. The Plumbers quotation is based on a visual inspection of the Client’s premises but the actual extent or nature of the Goods or Services to be supplied may not become apparent until work commences.  The Plumber reserves the right to vary the quotation once the supply of Goods or Services is commenced.
    2. If the Plumber considers it must vary the quotation, the Plumber will immediately notify the Client of the additional Goods or Services to be supplied and the estimated new Price.  The Client must notify the Plumber within 7 days if it does not want the Plumber to provide the Goods and Services in accordance with the revised quotation but the Client will remain liable to pay the Plumber for all Goods and Services supplied up to that date.
  11. Termination
    1. Either party may terminate this agreement immediately by notice to the other party:
      1. If the Other party breaches a material term of this agreement capable of being remedied and fails to remedy the breach within 10 business days after being given notice of breach:
      2. If that other party breaches a material term of this agreement which is not capable of remedy; of
      3. the other party is unable to pay its debts as they fall due; makes or commences negotiations with a view to making a general rescheduling of its indebtedness, scheme of arrangement or composition with its creditors; or takes any corporate steps for its winding up
      4. or the appointment of a receiver, administrator or official manager over any of its revenue and assets.
    2. If the Client terminates this agreement for any reason whatsoever the Client must immediately pay the Plumber for all the Goods or Services already ordered from or supplied by the Plumber and the Client is responsible for ensuring that its premises are secured and safe pending completion of the work by a third party.
  12. Insurance
    1. HotwaterTek will take out and maintain all insurance it considers appropriate in respect of the supply of Goods and Services and all other insurances required by law.
  13. General Provisions
    1. A notice given under this agreement must be in writing and sent to the recipient at the address specified at the beginning of this agreement or such other address as notified from time to time.
    2. If the performance of this agreement or any obligation under it is prevented, restricted or interfered with by reason of an act of God, fire, lightning, flood or other natural disaster, subsidence, power or gas shortage, pandemic, inability or delay in obtaining and local government approvals, consents or permits or because of any industrial dispute of any kind or any other cause, whether similar or not to the foregoing, outside of the affected party’s control, the affected party, upon giving prompt notice to the other party, is excused from such performance to the extent of such prevention, restriction or interference.
    3. This agreement contains the entire agreement between the parties and can only be amended, supplemented, or waived in writing signed by both parties.  The failure of either party to enforce or the delay by either party in enforcing any of its rights shall not be deemed a continuing waiver or modification of this agreement.
    4. The agreement is governed by the laws of South Australia and the parties submit to the non-exclusive jurisdiction of the Courts of South Australia.
    5. If any clause or part of the clause is illegal, unenforceable or invalid, that clause is illegal, unenforceable or invalid, that clause or part is to be treated as removed from this agreement but the rest of the agreement is not affected.
    6. HotwaterTek may license or subcontract all or any of its obligations or rights without the Client’s consent.

 

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