{"id":4106,"date":"2024-01-30T14:31:11","date_gmt":"2024-01-30T04:31:11","guid":{"rendered":"https:\/\/safepoolsolutions.com.au\/sps_2023_novembe\/?page_id=4106"},"modified":"2024-03-19T16:00:46","modified_gmt":"2024-03-19T06:00:46","slug":"terms-and-conditions","status":"publish","type":"page","link":"https:\/\/safepoolsolutions.com.au\/vi\/terms-and-conditions\/","title":{"rendered":"Terms and Conditions"},"content":{"rendered":"
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Terms & Conditions<\/h2>\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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Our Terms & Conditions<\/h2>\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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The following words have the following meanings:<\/p>

  • \u201cwww.safepoolsolutions.com.au\u201d is an operating website of Safe Pool Solutions Pty Ltd<\/li>
  • \u201cCustomer\u201d means the third party for whom SPS is providing Goods.<\/li>
  • \u201cGoods\u201d mean any goods, parts, equipment or a material supplied or installed by \u2018SPS P\/L\u2019 and extends to any services provided by the company.<\/li><\/ul>

    \u00a0<\/p>

    1. ORDERS<\/h5>
    • (a) The Customer agrees to the terms and conditions contained in this document upon the Customer signing this form, or upon the Customer placing an order for Goods, whether or not any payment has been made to \u2018SPS P\/L\u2019.<\/li>
    • (b) \u2018SPS P\/L\u2019 is under no obligation to supply Goods unless the Customer places an order with \u2018SPS P\/L\u2019.<\/li>
    • (c) If quotations are provided, they are valid for the time frame stated on the quotation and are conditional on the Customer supplying correct details. Quotations are also subject to availability of products and subject to change due to fluctuations in product pricing.<\/li>
    • (d) Any prices quoted by \u2018SPS P\/L\u2019 are exclusive of GST, freight, delivery fees and insurance unless advised in writing otherwise.<\/li>
    • (e) Unless previously agreed, the Customer may only cancel an order if \u2018SPS P\/L\u2019 is indemnified for any loss caused by such cancellation.<\/li><\/ul>

      \u00a0<\/p>

      2. RETENTION OF TITLE & PPSA<\/h5>
      • (a) Title in any Goods will not pass to the Customer until \u2018SPS P\/L\u2019 has received full payment for the Goods, and until all payments owing by the Customer to \u2018SPS P\/L\u2019 have been paid in full. Until such time, \u2018SPS P\/L\u2019 has the right to call for, or recover the Goods, and for this purpose, \u2018SPS P\/L\u2019, its employees or its agents may, without notice, enter the Customer\u2019s premises or other place where the Goods may be stored. The Customer, when requested to do so, must deliver the Goods to \u2018SPS P\/L\u2019, and \u2018SPS P\/L\u2019 shall not be held liable for any cost or damage caused by such recovery.<\/li>
      • (b) If any payment for the Goods is overdue in whole or part, \u2018SPS P\/L\u2019 may (without prejudice to any of its rights) recover or sell the Goods, or, on demand, require the Customer to pay interest on the outstanding amount at the rate of 10% for each 7 days overdue from the due date up to and including the actual date payment is received in full.<\/li>
      • (c) The Customer must pay to \u2018SPS P\/L\u2019 any expenses incurred by \u2018SPS P\/L\u2019 in exercising its rights under these terms due to the Customer\u2019s failure to pay any debts to \u2018SPS P\/L\u2019 when due.<\/li>
      • (d) \u2018SPS P\/L\u2019 reserves the right to withhold further delivery of Goods, recover any Goods and to withdraw any credit arrangement, should full payment not be forthcoming for any reason.<\/li>
      • (e) The Customer agrees that by signing this form or by placing an order for Goods, it consents to granting a security interest (as defined in the Personal Property Securities Act 2009) in favour of \u2018SPS P\/L\u2019 in respect of all the Customer\u2019s present and future personal property and proceeds, and\/or, the Goods themselves, as collateral for any amounts payable by the Customer to \u2018SPS P\/L\u2019. The Customer consents to \u2018SPS P\/L\u2019 registering an interest on the Personal Property Securities Register (PPSR) to protect its security interest and agrees to do all things necessary to enable \u2018SPS P\/L\u2019 to register such an interest. The Customer waives its right to receive notification of the registration.<\/li>
      • (f) For the avoidance of any doubt with respect to clause 2<\/li>
      • (e), the Customer acknowledges that \u2018SPS P\/L\u2019s security interest is considered a purchase money security interest (PMSI) for the purposes of registration on the PPSR.

        <\/li><\/ul>
        3. PAYMENT TERMS<\/h5>
        • (a) The Customer must make payment for the Goods by the due date nominated by \u2018SPS P\/L\u2019 on its invoice\/s.<\/li>
        • (b) No retentions are permitted unless previously agreed to in writing by \u2018SPS P\/L\u2019.<\/li>
        • (c) The Customer must indemnify \u2018SPS P\/L\u2019 for any costs that \u2018SPS P\/L\u2019 incurs in attempting to recover monies which the Customer owes to \u2018SPS P\/L\u2019.

          <\/li><\/ul>
          4. REPLACEMENT PARTS<\/h5>

          If any Goods or parts in any Goods are replaced, these will be standard manufacturer\u2019s parts or equivalent standard, and the parts replaced will remain the property of \u2018SPS P\/L\u2019 until full payment for any outstanding order is received from the Customer.

          <\/p>

          5. DELIVERY<\/h5>
          • (a) Unless otherwise agreed, \u2018SPS P\/L\u2019 takes no responsibility for loss or damage to the Customer\u2019s property during the delivery of Goods to the Customer.<\/li>
          • (b) The Goods will be at the sole risk of the Customer upon the earlier of the Goods being collected by the Customer (or by any person on the Customer\u2019s behalf), or, the Goods being dispatched for delivery to the Customer.<\/li>
          • (c) Unless agreed otherwise, \u2018SPS P\/L\u2019 will not be responsible for unloading goods upon delivery.<\/li>
          • (d) No claim for shortages of Goods will be considered by \u2018SPS P\/L\u2019 unless they are received from the Customer in writing within 3 days of delivery.<\/li>
          • (e) \u2018SPS P\/L\u2019 may refuse delivery of any Goods if the Customer\u2019s debts to \u2018SPS P\/L\u2019 remain outstanding after the due date for payment.<\/li>
          • (f) \u2018SPS P\/L\u2019 will not be liable for any delays in delivering Goods to the Customer.

            <\/li><\/ul>
            6. GOODS RETURNED<\/h5>
            • (a) Any requests to allow credits for Goods will be decided at the discretion of \u2018SPS P\/L\u2019 and such claims will only be considered if the Goods are returned within 3 business days to \u2018SPS P\/L\u2019 in the same condition they were delivered in and with any return freight prepaid by the Customer.<\/li>
            • (b) \u2018SPS P\/L\u2019 may charge the Customer a restocking fee on any Goods it accepts for credit.

              <\/li><\/ul>
              7. WARRANTIES<\/h5>
              • (a) New Goods If within a period of 12 months from the date of delivery any new Goods sold by \u2018SPS P\/L\u2019 (other than purchased equipment as referred to in Clause 7.4) are found to be defective in materials or workmanship, or do not conform to any applicable drawings and specifications approved in writing by \u2018SPS P\/L\u2019, then \u2018SPS P\/L\u2019 will, at its option, either repair or provide replacement parts or Goods provided that:
                • (a) The Customer has given written notice to \u2018SPS P\/L\u2019 of any alleged defect within the warranty period;<\/li>
                • (b) The Customer has provided \u2018SPS P\/L\u2019 a reasonable opportunity to perform all appropriate tests on the Goods;<\/li>
                • (c) The defective Goods or parts are promptly returned. Any defective Goods or parts replaced will become \u2018SPS P\/L\u2019 property and the repaired or new Goods or parts will be delivered free to the Customer\u2019s site;<\/li><\/ul><\/li>
                • 7.2 Repaired Goods For repaired Goods, the warranty period is 3 months from the date of repair and shall only apply to Goods or parts repaired or replaced by \u2018SPS P\/L\u2019. No separate warranty shall apply to repaired goods as a whole or to parts not repaired or replaced by \u2018SPS P\/L\u2019.<\/li>
                • 7.3 Exceptions The warranties given by \u2018SPS P\/L\u2019 in 7.1 and 7.2 above do not cover:
                  • (a) Fair \u201cwear and tear\u201d, or failures or damage not reported to \u2018SPS P\/L\u2019 within the warranty period.<\/li>
                  • (b) Failures or damage due to misapplication, abuse, improper installation or abnormal conditions of operation.<\/li>
                  • (c) Failures or damage due to operation, either intentional or otherwise, above or below rated capacities or in an otherwise improper manner.<\/li>
                  • (d) Failures or damage resulting from Goods which have been in any way tampered with or altered by anyone other than an authorised representative of \u2018SPS P\/L\u2019.<\/li>
                  • (e) Goods damaged in shipment or without the fault of \u2018SPS P\/L\u2019.<\/li>
                  • (f) Failures or damage resulting from the incorporation of, or failure of, non-\u2018SPS P\/L\u2019 manufactured or supplied parts in the Goods. 7.4 Purchased Equipment \u2018SPS P\/L\u2019 does not warrant any equipment or other goods of other manufacturers which is designated by the Customer or purchased by \u2018SPS P\/L\u2019 for resale to the Customer either separately or as a part of operating in conjunction with equipment or other goods manufactured by \u2018SPS P\/L\u2019. For such equipment or other goods, the Customer must rely on the warranty given by the manufacturer of the equipment or other goods.<\/li><\/ul><\/li>
                  • 7.4 Purchased Equipment \u2018SPS P\/L\u2019 does not warrant any equipment or other goods of other manufacturers which is designated by the Customer or purchased by \u2018SPS P\/L\u2019 for resale to the Customer either separately or as a part of operating in conjunction with equipment or other goods manufactured by \u2018SPS P\/L\u2019. For such equipment or other goods, the Customer must rely on the warranty given by the manufacturer of the equipment or other goods.<\/li><\/ul>

                    \u00a0<\/p>

                    8. DRAWINGS AND SPECIFICATIONS<\/h5>
                    • (a) All descriptions, specifications, drawings and particulars of weights and dimensions attached to or submitted with any quotation or tender are approximate only and the descriptions and illustrations contained in \u2018SPS P\/L\u2019 catalogues, price-lists and other advertisement matter, are intended merely to present a general idea of the Goods or the Services described therein, and none of these shall form part of any contract between \u2018SPS P\/L\u2019 and the Customer.<\/li>
                    • (b) Only such descriptions, specifications, drawings and particulars of weights and dimensions as are specifically agreed by \u2018SPS P\/L\u2019 in writing to form part of the contract shall do so. The designs and information concerning the Goods or the Services and as contained on any drawings which are supplied must not be disclosed to a third party without \u2018SPS P\/L\u2019 prior written consent.<\/li><\/ul>

                      \u00a0<\/p>

                      9. INTELLECTUAL PROPERTY RIGHTS<\/h5>
                      • (a) \u2018SPS P\/L\u2019 is the owner of certain patents and registered designs as well as other intellectual property rights, including, but not limited to, copyright (together the \u201cIntellectual Property Rights\u201d). The Customer must not directly or indirectly manufacture or purchase from any third party the subject matter of the Intellectual Property Rights, or in any way infringe the Intellectual Property Rights or patent applications. The Intellectual Property Rights remain at all times the exclusive property of \u2018SPS P\/L\u2019.<\/li>
                      • (b) \u2018SPS P\/L\u2019 retains ownership of the copyright and all other intellectual property rights in all drawings, manuals and other documents and materials provided to the Customer in connection with the Goods and\/or Services. The Customer may only use such documents and materials for its own internal business purposes and to the extent necessary for it to enjoy the benefit of the Goods and\/or Services, and may not disclose any of them to any third party without the prior written consent of \u2018SPS P\/L\u2019, which may be granted or withheld in the absolute discretion of \u2018SPS P\/L\u2019.<\/li>
                      • (c) The Customer must keep confidential all information contained in all drawings, manuals and other documents and materials provided by \u2018SPS P\/L\u2019 to the Customer in connection with the Goods and\/or Services, except to the extent that such information is in or comes into the public domain otherwise than through any act or omission of the Customer. It must only disclose such information to its employees, directors and advisers on a need-to-know basis.<\/li>
                      • (d) Where and to the extent that the Goods or the Services ordered have been designed by the Customer, the Customer is liable for and agrees to indemnify \u2018SPS P\/L\u2019 against any and all costs, expenses, liabilities and losses suffered or incurred by \u2018SPS P\/L\u2019 arising from any claims of infringement or alleged infringement of any third party\u2019s intellectual property rights.<\/li><\/ul>

                        \u00a0<\/p>

                        10. ACCESS<\/h5>
                        • (a) If required by \u2018SPS P\/L\u2019, the Customer must allow \u2018SPS P\/L\u2019 and its employees or representatives\u2019 free and uninterrupted access to any site for the purposes of delivering the Goods or to provide any agreed demonstrations or training.<\/li>
                        • (b) The Customer must ensure that to the extent possible, any known hazards or risks are drawn to the attention of \u2018SPS P\/L\u2019 or its representatives prior to arrival on site<\/li>
                        • (c) \u2018SPS P\/L\u2019 may cancel the Customer\u2019s order if appropriate or safe access is not available to deliver the Goods or provide any agreed demonstrations or training.

                          <\/li><\/ul>
                          11. LIMITATIONS<\/h5>
                          • (a) To the full extent permitted by law, \u2018SPS P\/L\u2019 shall not be liable to the Customer or any other third party for any claims, loss of profit or revenue (including consequential loss), or any other costs or damages resulting from this agreement, the supply of the Goods or for any demonstration or training related to the Goods.<\/li>
                          • (b) \u2018SPS P\/L\u2019 liability for any breach of these terms and conditions is limited to the lesser of the following: \u2022 The cost of repairing the Goods (if they are faulty and can be repaired); or \u2022 The cost of replacing the Goods (if they are faulty and cannot be repaired); or \u2022 The total price of the Goods (if neither of the above two points apply).<\/li>
                          • (c) Nothing in these terms and conditions imposes any obligation on \u2018SPS P\/L\u2019 to supply Goods to any third party on credit or otherwise.<\/li>
                          • (d) \u2018SPS P\/L\u2019 retains the right to cancel all contracts or agreements if the Customer is in breach of these terms and conditions for any reason.<\/li>
                          • (e) The Customer agrees to indemnify \u2018SPS P\/L\u2019 and keep \u2018SPS P\/L\u2019 indemnified against any claim arising from the supply of Goods.<\/li><\/ul>

                            \u00a0<\/p>

                            12. VARIATIONS<\/h5>
                            • (a) These terms and conditions override all other conditions, including any which may appear on the Customer\u2019s order or any other document, unless agreed to in writing by \u2018SPS P\/L\u2019.<\/li>
                            • (b) \u2018SPS P\/L\u2019 may at its discretion, vary any of the terms contained in this document by giving written notice to the Customer.

                              <\/li><\/ul>
                              13. RELEVANT LAW<\/h5>

                              These terms and conditions shall be governed by the laws of Queensland and the Customer agrees to submit to the jurisdiction of the courts of Queensland.

                              <\/p>

                              14. COMPANY OR TRUST AS CUSTOMER<\/h5>

                              (a) If the Customer is a trust or company, the person or persons placing any order for Goods, or signing this agreement on the Customer\u2019s behalf warrants that they have full authority of the Customer to place the order and that the Customer has sufficient funds to pay for the Goods.<\/p>

                              15. TERMS OF CREDIT<\/h5>
                              • (a) \u2018SPS P\/L \u2019 may offer the Customer credit in accordance with these terms and conditions and any other terms agreed to in writing with the Customer.<\/li>
                              • (b) \u2018SPS P\/L\u2019 may withdraw the Customer\u2019s credit at any time, whether or not the Customer is in default of these terms and conditions.<\/li>
                              • (c) If \u2018SPS P\/L\u2019 withdraws any credit, the Customer must immediately pay all outstanding debts owed to \u2018SPS P\/L\u2019.<\/li>
                              • (d) If the Customer is in breach of these terms and conditions, it will become liable to \u2018SPS P\/L\u2019 for any of \u2018SPS P\/L\u2019 expenses involved in pursuing any recovery action against the Customer.<\/li>
                              • (e) The Customer acknowledges and agrees that the credit to be provided by \u2018SPS P\/L\u2019 is to be applied wholly or predominantly for commercial purposes.<\/li>
                              • (f) Before applying for credit, the Customer (and if the Customer is a company or trust, then also the directors and trustees of such company or trust) acknowledges having read the Privacy Act provisions below and agrees to be bound by them.<\/li><\/ul>

                                \u00a0<\/p>

                                16. PRIVACY ACT PROVISIONS<\/h5>

                                In this clause, the term \u201cCustomer\u201d includes the directors of any company and the trustees of any trust that are the Customer. The Customer agrees that:<\/p>

                                • (a) \u2018SPS P\/L\u2019 may seek consumer credit information (section 18K(1)(b), Privacy Act 1988) about the Customer. If \u2018SPS P\/L\u2019 considers it relevant to assessing the Customer\u2019s application for commercial credit, The Customer agree to \u2018SPS P\/L\u2019 obtaining from a credit reporting agency a credit report containing personal credit information about the Customer in relation to commercial credit provided by \u2018SPS P\/L\u2019.<\/li>
                                • (b) Exchanging information with other credit providers (Section 18N(1)(b), Privacy Act 1988) \u2018SPS P\/L\u2019 may obtain personal information about the Customer from other credit providers, whose names the Customer may have provided for \u2018SPS P\/L\u2019 or that may be named in a credit report, for the purpose of assessing the Customer\u2019s application for commercial credit made to \u2018SPS P\/L\u2019.<\/li>
                                • (c) Agreement to a credit provider being given a consumer credit report to collect overdue payments on commercial credit (Section 18K(1)(h) Privacy Act 1988) \u2018SPS P\/L\u2019 may obtain a consumer credit report about the Customer from a credit reporting agency for the purpose of collecting overdue payments relating to commercial credit owed by the Customer.<\/li>
                                • (d) \u2018SPS P\/L\u2019 may give information about the Customer to a credit reporting agency, for the following purposes:
                                  • To obtain a consumer credit report about the Customer; and\/or<\/li>
                                  • To allow the credit reporting agency to create or maintain a credit information file containing information about the Customer. The information is limited to:<\/li>
                                  • Identity particulars \u2013 your name, sex, address (and the previous two addresses) date of birth,<\/li>
                                  • name of employer, and drivers licence number.<\/li>
                                  • Your application for credit or commercial credit \u2013 the fact that you have applied for credit and the amount.<\/li>
                                  • The fact that \u2018SPS P\/L\u2019 is a current credit provider to you.<\/li>
                                  • Loan repayments which are overdue by more than 60 days, and for which debt collection action has started.<\/li>
                                  • Advice that your loan repayments are no longer overdue in respect of any default that has been listed.<\/li>
                                  • Information that, in the opinion of \u2018SPS P\/L\u2019 you have committed a serious credit infringement (that is, fraudulently or shown an intention not to comply with your credit obligations).<\/li>
                                  • Dishonoured cheques \u2013 cheques drawn by you for $100 or more which have been dishonoured more than once.<\/li>
                                  • That credit provided to you by \u2018SPS P\/L\u2019 has been paid or otherwise discharged.<\/li><\/ul><\/li>
                                  • (e) This information may be given before, during or after the provision of credit to the Customer.<\/li><\/ul>\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t<\/div>","protected":false},"excerpt":{"rendered":"

                                    Terms & Conditions Our Terms & Conditions The following words have the following meanings: \u201cwww.safepoolsolutions.com.au\u201d is an operating website of Safe Pool Solutions Pty Ltd \u201cCustomer\u201d means the third party for whom SPS is providing Goods. \u201cGoods\u201d mean any goods, parts, equipment or a material supplied or installed by \u2018SPS P\/L\u2019 and extends to any […]<\/p>","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"elementor_header_footer","meta":{"footnotes":""},"class_list":["post-4106","page","type-page","status-publish","hentry"],"yoast_head":"\nTerms and Conditions - Safe Pool Solutions<\/title>\n<meta name=\"description\" content=\"Specialised rental equipment designed to meet the needs of both residential and commercial construction in the pool industry. Our comprehensive range of rental services, features Pool Void Covers\u00ae, council-compliant temporary pool fences and gates, industrial mesh fences, and highly efficient dewatering pumps.\" \/>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/safepoolsolutions.com.au\/vi\/terms-and-conditions\/\" \/>\n<meta property=\"og:locale\" content=\"vi_VN\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Terms and Conditions\" \/>\n<meta property=\"og:description\" content=\"Specialised rental equipment designed to meet the needs of both residential and commercial construction in the pool industry. 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