AAA - One Holdings P/L (ACN 113 773 345) trading as Endless Spas (ABN 45 336 638 397)
Registered Office: 15 Chapel St, Lynbrook, Vic 3975 - Tel: (03) 8769 7300 Fax: (03) 8768 7829
SALES CONTRACT - TERMS & CONDITIONS OF SALE.
The Client hereby contracts with Endless Spas (the Contractor) on the terms and in accordance with the specifications as per this proposal as follows.
1. The Client agrees to pay for the said goods in accordance with the following specified schedule payments: Deposit: As Agreed or 30% of the Contract Price must be paid within two (2) days to secure the Contract Price. Balance: The Client agrees to settle in full any outstanding balance payments within seven (7) days from notification that goods are ready for despatch and prior to despatch, unless specifically detailed in writing at the time of signing this Sales Contract. The Contractor may apply interest charges on any late outstanding balances and the Client may be charged storage fees. Interest may be charged, but only at the Contractor’s current bank overdraft rates. A surcharge is applicable to all payment transactions (except initial deposit) when Client chooses to use credit or debit cards.
2. In the event that the price valid to date has expired, the Contractor may require additional payments from the Client to cover any cost increases borne by the Contractor. If the Client and Contractor cannot agree on the agreed adjusted price then the Contract can be cancelled by either parties. Penalties apply as per Clause Number 4.
3. This Contract is not subject to any cooling off period, unless specifically detailed in writing at the time of signing the Sales Contract such as in the "subject to" clause. A cooling off period only applies to “Contact Sales” - A Contract signed on site at the client’s home or workplace refer to Schedule 1 below.
4. Where the contract is not “subject to any conditions” all cancellations must be submitted in writing and will be submitted to the board for approval. Approved cancellations will incur penalties including but not limited to; an administration fee of $1,200. Cancellations may result in the Client forfeiting all payments and the Contractor reserves the right to pursue legal action for loss of profits.
5. If the signed contract has “Subject To" certain conditions with an "Subject To" Date Expiry, then any request for cancellation or extension to this date must be submitted in writing prior to the "Subject To" Date Expiry. If conditions of the "Subject To" are not met and the Client has notified the Contractor, then the Contractor will refund the deposit less an administration fee of $500 and will not pursue legal action for loss of profits.
6. If the "Subject To" date expiry has passed and the Contractor has not received any notification from the Client, then the Client is bound by the Sales Contract whether the conditions have been met or not. Cancellations will incur penalties as per Clause Number 4.
7. The price agreed upon herein only includes the supply of the spa / pool and or equipment. The contract price does not include any delivery costs to site, to a freight depot or by crane unless otherwise specified in the costs and quote section. The client has been given the option of having an onsite inspection to confirm delivery mode and pricing. All delivery charges or fees are the responsibility of the client, unless specifically detailed in writing at the time of signing the contract. The clients must pay any delivery fees or crane hire fees directly to the freight couriers or crane companies.
8. The Contractor does not install spas / pools or provide any other ancillary services such as, but not limited to permits, plumbing, electrical, landscaping, decking and other construction works. These ancillary services are not provided for in the Contract Price. The price agreed upon herein does not include any possible additional expenses entailed in coping with or damage arising from hidden or unknown contingencies; either during shipping or at the job site. These expenses may include but are not limited to extra transit times and obstructions.
9. The Client has been made aware that a spa / pool is subject to specific government regulations and requires specific installation by the Client on site. Any goods and or materials delivered to the site shall not pass from the Contractor to the Client until payment in full has been made and any cheque payments have been honoured.
10. The Contractor shall not be responsible in any respect or for any amount for loss or delay due to circumstances beyond its control, including but not limited to acts of God, weather conditions, strikes, fires, accidents and failure by suppliers to fulfil orders on time.
11. All parties and specifications referred to herein shall be deemed to form part of this Sales Contract.
12. The parties agree that the whole of this Sales Contract is herein expressed. All changes /variations to the Sales Contract shall be made by a separate “Variation Document” and agreed by both parties. This Variation Document may consist of either; a Sales Contract (must be signed by both parties) or an Email (must be confirmed by both parties). The Variation Document forms part of the original Sales Contract.
13. The Client acknowledges that the Goods shall be covered under the terms of our Warranty. The Client may request a copy of the Warranty before or upon payment of the Deposit; if not, the Warranty will be provided to the Client upon the delivery of the Goods and or Materials.
SCHEDULE 1- APPLIES TO CONTACT SALES ONLY
A Contact Sales Contract is signed, in the presence of the salesperson and client, on site at the client’s home or workplace. This Sales Contract is subject to a five clear business day cooling-off period, from the date of signing this Sales Contract. If the Client wishes to terminate the Sales Contract, the Client must notify Endless Spas in writing of their intention to cancel within the five day cooling-off period. Endless Spas will refund all deposit money, however, reserves the right to make reasonable charge for any services rendered prior to the termination of the Sales Contract, or for any goods that the Client is unable to return. Once this time has passed the customer is bound by the Sales Contract.
PRIVACY POLICY
Client name, phone numbers, mailing address and payment details are personal information which Endless Spas has collected in the process of completing the contract. We require this information for the purpose of processing and managing Client’s order/quotation. This information will be retained for the warranty of the spa or for promotions. We will destroy or depersonalize the information, if required by Client.