Terms & Conditions of Sale

The following terms and conditions apply to the sale of goods and/or performance of services by PoolWerx:

1. Payment for all goods supplied to the Client is to be made upon delivery of the goods to the Client.
2. Payment for services delivered by PoolWerx for the Client is to be made upon completion of the services.
3. Payment terms may be varied only by written agreement between PoolWerx and the Client.
4. PoolWerx makes no express warranty that any goods supplied will be free from faults, PoolWerx assigns all of its interest or benefit in any manufacturers warranty pertaining to the goods sold to the Client.
5. Ownership of all goods delivered to the Client remains with PoolWerx until payment is made for the goods. The Client holds all goods delivered to the Client as trustee for PoolWerx pending payment.
6. The Client grants a licence to PoolWerx to enter onto its property to collect any goods which have not been paid for and which are held on trust for PoolWerx.
7. With respect to any services performed by PoolWerx, if the Client is not completely happy with the service performed and notifies PoolWerx within 7 days of the service being performed, PoolWerx will repeat the service at no additional cost to the Client.
8. To the maximum extent permitted by law, PoolWerx excludes, for itself and for any supplier all liability for all claims, expenses, losses, damages and costs made against or incurred or suffered by the Client directly or indirectly (including without limitation lost costs and profits) arising out of:
   1. the Clients use or misuse of any goods supplied;
   2. the Clients inability to use or obtain access to any goods supplied or services provided;
   3. the negligence of PoolWerx, its servants or agents and any supplier of goods.
9. If PoolWerx breaches any provision of these Terms of Trade or a condition or warranty implied under any law which cannot be lawfully modified or excluded by these Terms of Trade then the liability of PoolWerx to the Client will, to the extent permitted by law, be limited at its option:
   1. in the case of goods supplied, to supplying the goods again and paying for their resupply; and
   2. in the case of services performed, to performing the services again and paying for their resupply.
10. The liability of PoolWerx to the Client for loss or damage of any kind (including loss or damage caused by negligence) is reduced to the extent that the Client caused or contributed to that loss or damage.
11. Reference in this document to PoolWerx includes PoolWerx Corporation Pty Ltd, PoolWerx NZ Pty Ltd, its franchisees servants, agents and contractors.
12. Interest shall be charged on all overdue accounts at the rate of 15% p.a. calculated on a daily balance overdue
13. A Credit Card Service charge of 3.5% will be levied to clients using American Express or Diners Club Credit Cards.
14. Should PoolWerx need to engage the services of a mercantile agent, debt collector or solicitor for collection of monies outside these terms and conditions of sale, then PoolWerx shall be entitled to charge the costs of collection onto the client.
15. Privacy Consent – You authorise PoolWerx to enquire from a credit reporting agency about certain personal information about you for the purposes of enabling PoolWerx to obtain a credit report about you and / or to allow the credit reporting agency to create or maintain a credit information file containing information about you.
16. You authorise PoolWerx to obtain from a a credit reporting agency a credit report containing information about you in relation to personal or commercial credit provided to you, and a business which provides information about the credit worthiness of persons information about your commercial activities or commercial credit worthiness.
17. You authorise PoolWerx to give to or receive from another credit provider an opinion for the purposes connected with your business, trade or profession.
18. The information which PoolWerx may disclose to a credit reporting agency is limited to: 
    1. Your identification (your name, address, sex, previous addresses, name of employer, drivers license number)
    2. The fact that credit has been applied for and the amount
    3. The fact that PoolWerx is or may be a current credit provider to you
    4. Details of payments which became overdue for more than 60 days and for which collection action has commenced
    5. The fact that payments are no longer overdue
    6. Details of cheques drawn by you which have been dishonoured more than once
    7. The fact that PoolWerx opinion you have committed a serious credit infringement and
    8. The fact that credit provided to you by PoolWerx has been paid or discharged.
19. Where you have purchased a chlorinator you will have received prior notice from PoolWerx that PoolWerx has experienced some instances where chlorinators have caused rusting of the pool structure. You acknowledge that this rusting occurs for reasons completely beyond the control of PoolWerx and the purchase of the chlorinator is made by you on the express understanding that PoolWerx will not be responsible for any rusting of the pool structure which subsequently occurs and you release PoolWerx from any claim which you may have arising out of or in relation to the rusting of your pool caused by chlorinator you have purchased.