Get a FREE quote or get in touch
Simply fill out the form and we will get back to your very soon.
If an emergency please phone us.
* Required
Thank you
Thanks for reaching out. We will get back to you soon.
Need a plumber fast?
Simply fill out the form and we will get back to your very soon.
If an emergency please phone us.
1. Definitions and Interpretations
1.1 In these Terms and Conditions:
Customer means the person or business purchasing goods and/or services from Hot Water Shop;
Default means failure to pay the money owed for the Work completed and/or goods supplied by Hot Water Shop;
Hot Water Shop means the business supplying the goods and services in accordance with these Terms and Conditions;
Product Manufacturer means the person or business who produced the goods from raw materials;
Quotation means a formal statement setting out the estimated cost for a particular service, including GST;
Work means the goods to be supplied and the services to be carried out by Hot Water Shop.
2. Orders
2.1 An order begins when the Customer requests a Quotation for the proposed Work. This may be requested verbally or electronically via email, text message or any other online platform.
2.2 Once the Quotation has been given, the Customer has 14 working days to decide whether to continue with or decline the order. The Quotation is considered an offer.
2.3 If the Customer accepts the Quotation, in writing through electronic communication including email or text message, within 14 working days, he/she will become bound by the order and the Terms and Conditions.
2.4 After 14 working days, the Quotation will expire, and Hot Water Shop reserves the right to decline the order or amend the pricing if necessary.
2.5 Hot Water Shop reserves the right to refuse an order if the Quotation expires after 14 working days, if the necessary goods are not in stock, it is not possible for the Work to be completed in the necessary timeframe, or any other reason given by Hot Water Shop.
3. Supply
3.1 Hot Water Shop agrees to undertake the Work as outlined in the Quotation.
3.2 Supply may include goods, services, delivery, installation, repairs, and/or replacement.
4. Price
4.1 All goods and services are supplied at the price at the date of delivery and the Hot Water Shop reserves the right to amend any quote provided to allow for price variances.
4.2 If additional work is required to what has been quoted or could not be foreseen by the Hot Water Shop at the time of providing the quote, then the Hot Water Shop may at its option, either cancel this contract or charge for such additional work at the Hot Water Shop’s usual rate, subject to clause 4.4 below.
4.3 No variations to the work originally quoted shall be carried out by the Hot Water Shop without the agreement of both the Customer and the Hot Water Shop. Where the Hot Water Shop and the Customer have agreed to the variation, the Hot Water Shop is entitled to charge for the work involved at the Hot Water Shop’s or its agents, usual rates.
5. Payment
5.1 Payment is required within 24 hours of the invoice being issued.
5.2 Payment will be accepted by Hot Water Shop in the following forms:
Default in payment
The Customer will indemnify Hot Water Shop against any costs incurred in recovering the outstanding debt including legal fees and collection agency costs.
Interest shall accrue from the date the invoice is due at a rate of 2%, compounding monthly until the invoice is paid in full.
6. Risk
All risk related to the goods (including insurance responsibility) supplied by Hot Water Shop passes to the Customer upon delivery. Delivery includes the situation where the Hot Water Shop leaves goods in a place requested by the Customer for pick up.
Title in the goods does not pass until Hot Water Shop has received full payment for those goods and services.
7. Consumer Guarantees Act
7.1 Where Hot Water Shop is supplying goods and services to the Customer for business purposes within the meaning of the Consumer Guarantees Act 1993 (Act), section 43 of the Act will not apply.
8. No Warranty & Liability
Except as expressly provided in these terms, all representations or warranties (statutory, express or implied), except any which may not lawfully be excluded, are expressly excluded, including without prejudice to the generality of the foregoing, any implied warranties of merchantability and fitness for a particular purpose.
The Hot Water Shop is not liable for any loss of profits or any consequential, indirect or special loss, damage or injury of any kind whatsoever suffered by the Customer arising from any breach of the Hot Water Shop’s obligations arising under or in connection with the Agreement, or from any cancellation of the Agreement, or from any negligence on the part of the Hot Water Shop, its servants, agents or contractors.
The Hot Water Shop’s liability is otherwise limited to the value of the goods and services supplied under the applicable Agreement, or the sum of $500.00 whichever is the lesser amount.
9. Ownership
Until full payment is received by Hot Water Shop, any goods or materials used for the Work remain property of Hot Water Shop.
The Hot Water Shop reserves the right to register its financial interest in the goods or service on the Property Securities Register.
If the Hot Water Shop at any time deems the credit of the Buyer to be unsatisfactory, the Hot Water Shop may, without prejudice to its other rights and remedies, enter upon the premises where the Goods are situated and take possession of and remove the Goods without being responsible for any damage caused thereby.
10. Dispute Resolution
If a dispute arises between Hot Water Shop and the Customer, then no party may commence any Court or arbitration proceedings relating to the dispute unless the parties have complied with the following paragraphs of this clause:
A party claiming that a dispute has arisen must give written notice to the other party specifying the nature of the dispute.
On receipt of the notice by that other party, the parties must endeavour in good faith to resolve the dispute themselves.
If the parties do not agree within 7 days of receipt of the notice as to:
11. Severance of Unenforceable Terms
Any terms which are unenforceable do not affect the remainder of the terms contained in the Terms and Conditions and the applicable conditions shall be eliminated or modified to make the remainder of the conditions enforceable.
12. Force Majeure
If either party is unable or unwilling to observe or perform any obligation or is delayed or interrupted in the performance of obligations under this Agreement by reason of any act of God, act of terrorism, revolution, civil strife, fire, flood, war, public disaster, plague or epidemic, government order, strike, labour dispute, failure or delay of laboratory, delay in transportation or other cause, event or circumstance outside that party’s control which is not due to any lack of reasonable prudence or foresight then that party will not be in breach of this Agreement.
The party unable to perform its obligations due to force majeure must:
13. Information and Privacy
The Customer authorises the Hot Water Shop to collect all information it may require from any third party and authorises those third parties to relay that information to the supplier. The Customer is aware of their right to request access to and correction of this information at any time.
The Customer agrees that this information may be passed to a third party or to any other person to facilitate collection of debts from the Customer.
Such information will be accessible to any of the Hot Water Shop’s employees and agents who need access to it for the efficient running of the Hot Water Shop’s business.
