Terms and Conditions
In these Terms and Conditions of Sale (“Conditions of Sale”), “we” or “us” means PCM Pty Ltd & GHR Investments Pty Ltd trading as Hot Water Online Australia and Hotwater.com.au ABN 177 588 73 107 and “you” means the individual, organisation or corporate entity that purchased the products or related services from us.
These Conditions of Sale form the agreement under which we will supply products and services to you. These Conditions of Sale apply to all sales made by us to you whether products and services are purchased online or over the telephone.
1.1 You may place an order with us over the telephone or by completing and submitting to us an online order form on our website. We may accept or reject an order depending on a variety of factors, such as availability of the hot water system(s) or our ability to approve or confirm payment for the hot water system(s).
1.2 It is your responsibility to check the order (including all pricing and product information) before you complete the online checkout process or before you place your telephone order.
1.3 We will confirm your order via email or verbally via a sales order number. However, if you are paying by credit card, debit card, EFTPOS, Paypal or via the credit facilities provided by Once Finance, we will not complete your order until your payment has been approved by our staff. Once your payment is approved, we will process your order and confirm your sales order number via email.
1.4 Once payment is approved and we confirm the sales order, a binding agreement will take effect between you and us and only these Conditions of Sale will apply in relation to the supply of the hot water system(s). Any changes to these Conditions of Sale must be agreed in writing by both of us. If you wish to cancel your order you must advise us at least 24 hours before your planned delivery date and you will receive a full refund subject to these Conditions of Sale.
Most of our range of hot water systems are available for immediate delivery within metropolitan areas. If, for any reason we cannot fulfil our obligations to deliver the hot water system(s) as promised we will firstly offer you an alternative hot water system or confirm if you are happy to wait and secondly provide a full refund.
3. Price and Payment
3.1 The price payable for a product is the one set out on our website or advised by us over the phone at the time you place your order. All prices are inclusive of GST.
3.2 We accept payment online by VISA, MasterCard, Paypal or via the credit facilities provided by Once Finance. If we are installing your hot water system we also accept payment via bank cheque or cash.
3.4 A tax invoice will be sent to you when the items you have ordered are delivered. Your tax invoice is your proof of purchase and may be required for any warranty claims.
4.1 We offer free delivery within the metropolitan area of the main capital cities for most of our products. If you are not eligible for free delivery, a delivery fee may apply and this will be highlighted on your order confirmation.
4.2 If you would like guaranteed next business day delivery of the hot water system you will need to place your order by 2.30 pm (CST) on the previous business day.
4.3 All deliveries must be signed for by you or a nominated person at the specified delivery address. We do not accept responsibility for lost or stolen items once the delivery has occurred.
5. Installation of your hot water system
5.1 We offer to arrange a free quote for installation of your hot water service. This service is only available in certain areas and you must have purchased your water heater from us prior to installation.
5.2 All installations are subject to site inspection and will be subject to our standard Installation procedure.
5.3 If for any reason, the installation must be varied incurring additional costs, you agree to meet these costs.
5.4 Installation work is carried out on the basis that you covenant and warrant to us that the existing roofing, plumbing and wiring is in good order and condition and in a good state of repair and in the event that the existing roofing, wiring &/or plumbing is not in good order or condition, or not in accordance with current requirements and standards of gas, electric and water authorities, you acknowledge that we are under no responsibility to repair or replace same.
6. Disposal and Removal of old water heaters
Unless otherwise advised in writing, removed water heaters are deemed to have no value and become our property. We may dispose of them as we see fit.
7. Title and Risk
7.1 Notwithstanding delivery of the products to you, title in the products will not pass to you until the later of delivery or your payment has been processed or otherwise received by us. If your payment is declined for any reason we reserve the right to reclaim the products from your possession, custody or control even if they have been delivered to you or moved from the delivery address. We reserve the right to keep or sell the products. Risk of loss, damage or deterioration to any products will pass to you on delivery.
7.2 We reserve the right to recover costs incurred in recovering any outstanding debts.
7.3 Interest and account keeping fees will be charged on any overdue amounts.
8. Warranties and Limitation of Liabilities
8.1 Nothing in these Conditions of Sale limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law.
8.2 Australian Consumer Law statement. Our goods come with warranties and guarantees that cannot be excluded under the Australian Consumer Law (“Consumer Guarantees”). You are entitled to a replacement or a refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
8.3 You may have the right to a manufacturer’s warranty. The manufacturer’s warranty is in addition to any rights and remedies you may have under applicable law.
8.4 Subject to this clause and to the extent permitted by law:
8.4.1 All terms, guarantees, warranties, representations or conditions which are not expressly stated in these Conditions of Sale are excluded;
8.4.2 We will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, damage to goodwill, with the products purchased from us, whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise; and
8.4.3 Our total liability arising out of or in connection with the products, the services or these Conditions of Sale, however arising will not exceed the total price paid by you for the purchase of products and services under these Conditions of Sale.
8.5 Where by law we are unable to exclude terms, guarantees, warranties, representations or conditions but are able to limit them, to the extent permissible by law we limit our liability for any breach, at our option, to the repair or replacement of products, or payment of the cost of repairing or replacing the products or in the case of services, to supplying the services again or the cost of having the services supplied again.
8.6 To the extent permitted by law, any typographical, clerical or other error or omission in sales literature, quotation, price list, acceptance or offer, invoice or other documents or information issued by us will be subject to correction without any liability on our part.
9. Returns and Refunds policy
9.1 In addition to your rights under clause 8, we will gladly accept return of products and issue refunds, subject to the following and payment of a non-refundable return fee of $55 (inclusive of GST) or the amount of the original delivery fee, whichever is greater:
9.1.1 if your product remains boxed and unopened you may contact us within 14 days of delivery to arrange for it to be collected and receive a full refund;
9.1.2 if your product has been unboxed but otherwise is as new and have not been used you may contact us within 14 days of delivery to arrange for it to be collected. You will have to pay a restocking fee of 15% of the purchase price.
9.2 Subject to clause 8, we will not accept for return any water heater that has been used or installed or where you have attempted to install it.
9.3 If you are entitled to a refund, we will only give you the refund once we have received the water heater at our warehouse and inspected it and assessed whether it is eligible for a refund under these Conditions of Sale. Any refund we make will be by the same payment method used to purchase the water heater, except for cash payment, which will be refunded by cheque or EFT.
10. Force Majeure
10.1 We will not be liable for any delay or failure to perform our obligations under these Conditions of Sale if such delay is due to any circumstance beyond our reasonable control. If we are delayed from performing our obligations due to such a circumstance for a period of at least 3 months, we may terminate our agreement with you by giving you 5 business days’ written notice.
11.1 These Conditions of Sale form the entire agreement between you and us and, unless expressly agreed to in writing by us no terms or conditions of yours, including any Terms or Conditions printed or referred to in your offer to purchase or order (if any) will be binding on us or have any legal effect.