Any contract of sale, order, or quotation made or accepted by or on behalf of Fresh Wave Filtration is subject to these terms and conditions of sale.
Fresh Wave Filtration warrants Fresh Wave Filtration Systems to the original purchaser for 2 years from the date of sale established by the date of the original invoice issued.
Fresh Wave Filtration warrants each new Product to be free from defects in the product for 2 years from the date of retail sale established by the date of the original invoice issued by Fresh Wave Filtration.
Fresh Wave Filtration reserves the right in instalment sales to grant credit for the value of any Product found to be defective under this Warranty.
Fresh Wave Filtration 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 local labour charges for Products the subject of this Warranty.
This Warranty applies only to the original purchaser of the Product.
Fresh Wave Filtration’s obligation under this Warranty is limited to Fresh Wave Filtration’s own option, to either repair or replace the Product, once Fresh Wave Filtration has deemed that the Product is defective or Fresh Wave Filtration may, at its own discretion, refund to the Buyer the purchase price paid for the defective goods.
This Warranty does not cover any Product that is relocated from the site of its original installation.
All replaced or exchanged parts taken out under this warranty become the property of Fresh Wave Filtration.
This Warranty is subject to the Product is properly installed, maintained, used for its intended purpose and operated strictly in accordance with Fresh Wave Filtration’s recommendations and installation guide.
This Warranty does not extend to a Product that has been modified in any way unless with Fresh Wave Filtration’s express consent.
This Warranty does not cover the normal wear and tear of the Product, or damage caused by misuse, abuse, or vandalism. The Warranty does not cover any malfunction or failure resulting from neglect, use of unauthorized parts and accessories, or use with higher water pressure than indicated on the Product.
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 Fresh Wave Filtration be liable for any costs, loss, expense, damages, special damages, incidental damages, or consequential damages arising directly or indirectly from the design, manufacture, sale, use, or repair of the Product whether based upon warranty, contract, tort, or strict liability.
All Conditions and Warranties implied by law or statute are hereby expressly negatived so far as they lawfully can be.
Acceptance and Claims
Acceptance of the Products shall be deemed for all purposes to have taken place at the expiration from the date of each delivery.
Any damage caused during or as a result of transit will not be the responsibility of Fresh Wave Filtration.
Any faulty systems must be returned with the Pressure Limiting Valve.
In the event of a Warranty Claim, the Product must be forwarded at the Buyer’s own risk and expense to Fresh Wave Filtration, together with proof of purchase.
This limited Warranty is void if the Product under Warranty is presented without the said original invoice.
Fresh Wave Filtration 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 any and all loss event/s.
- The date and time Fresh Wave Filtration was first notified of the Product malfunction.
A failure by the Buyer to submit the said Statement within 28 days, after such request is made by Fresh Wave Filtration, will automatically void the Warranty.
A failure to answer truthfully or to answer in a way that is misleading entitles Fresh Wave Filtration 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 Fresh Wave Filtration’s premises for delivery to the place designated by the Buyer.
Retention of Title
Fresh Wave Filtration will retain title to (but not risk in) a Product delivered to the Buyer until Fresh Wave Filtration has received payment in full for such Product from the Buyer.
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 Fresh Wave Filtration’s interest noted on any such insurance cover.
Rights Forfeited
The Buyer forfeits any right or claim against Fresh Wave Filtration’s warranty if:
- The System is operated with a water temperature higher than 48° Celsius.
- The System is not serviced every 12 months (18 months for whole house water filters).
- The System damage results from water hammer, freezing, neglect, or is not installed by a licensed plumber in accordance with the AS3500 plumbing code and installation plan.
- The System is subject to water pressure that exceeds the maximum recommended pressure.
- The System is not installed with an Australian Standards approved Pressure Limiting and Dual Check Valve.
- The System has been tampered with or not maintained per Fresh Wave Filtration’s recommendations.
- The System is not turned off when the residents are away for over 24 hours.
Jurisdiction
Fresh Wave Filtration and the buyer agree that this agreement and its provisions shall be construed in accordance with the laws of the State of Western Australia and be resolved by a Western Australian Court.
This warranty is given by Fresh Wave Filtration, ABN [Your ABN], telephone no. 0498489607, and email at enquiries@freshwavefiltration.com