Immediate implementation of watercell technology will extend the life of existing stormwater infrastructure
The Vision Water WaterCell™ is preserving and conserving the environment by significantly reducing mains water use and peak flow stormwater runoff for every property where it is installed.
Vision Water has been recognised by industry leaders for the development of WaterCell™, a truly sustainable rainwater harvesting system for all types of buildings.
"Contract" means a contract for sale by Vision Water to the Customer of the Products incorporating the Terms of Sale and Customer's order form.
"Customer" means the person or legal entity purchasing Products via the website Vision-Water.com and accepting these Terms of Sale.
"DOA" means Dead on Arrival.
"Place of Delivery" means the place of delivery designated by the Customer and agreed by Vision Water.
"Product" means the Water Cell Mini.
"RAN" has the meaning given in clause 5.2.
"Site" means Vision-Water.com.
"Standard Warranty" has the meaning given in clause 6.1.
"Vision Water" means Vision Water Pty Ltd (ABN 68 116 811 780).
"Warranty Period" has the meaning given in clause 6.1.
2.1 No Contract shall come into existence until the Customer's order has been accepted by Vision Water and such acceptance has been received by the Customer in writing via email. The Contract shall deemed to be concluded at the time and place where such acceptance is received by the Customer. If Vision Water cannot process or accept the Customer's order, Vision Water will contact the Customer by email or telephone.
2.2 The Customer warrants and represents to Vision Water that it is buying for its own internal use only and not for re-sale purposes.
2.3 The Products sold are subject to the Terms of Sale to the exclusion of any other terms and conditions stipulated or referred to by the Customer. The Customer acknowledges that it is aware of the contents of and agrees to be bound by the Terms of Sale.
3.1 Customers may place an order by filling in the order form on the Site.
3.2 Payment for the Products shall be made in full before physical delivery of Products to the Customer.
3.3 Customer shall pay for all shipping and handling charges. Shipping and handling charges will vary depending upon the Place of Delivery. Customer will be notified of the applicable shipping and handling charges when placing an order to purchase Products on the Site.
3.4 Customer shall bear all country, government, state and local sales, use, goods and services, value added, excise, privilege and similar levies/taxes. GST will apply to all Products supplied through this Site. Prices in this Site include GST where applicable.
Title to and risk in the Products shall pass to the Customer upon delivery of the Products to the Customer.
4.1 Vision Water shall deliver the Products to the Place of Delivery.
4.2 Any dates quoted by Vision Water for the delivery of the Products are approximate only and shall not form part of the Contract. Vision Water shall not be liable for any delay in delivery of the Products, howsoever caused.
5.1 Vision Water does not offer refunds, credits or replacements other than as set out in this clause, including without limitation, where the Customer changes his/her/its mind about the Product, makes an incorrect choice or fails to verify and accurately provide information when placing an order.
5.2 If the Customer is of the view that the Product is DOA, the Customer should notify Vision Water immediately and provide a description of the damage and/or defect to the Product. Vision Water will supply the Customer with a Return Authorisation Number (RAN) and the Customer must return the Product to Vision Water at the Customer's expense. The Customer must ensure that any Product to be returned to Vision Water in accordance with this clause is packed in the original packaging and includes all parts and documentation that was shipped with the Product.
5.3 Vision Water reserves the right to test any returned Product to determine if it is DOA.
5.4 Subject to clause 5.5, if Vision Water reasonably determines that a returned Product is DOA, it will replace the Product at its expense and will reimburse the Customer the Customer's reasonable costs of returning the DOA Product to Vision Water.
5.5 If Vision Water cannot provide a Product to replace a returned Product that it determines is DOA, Vision Water will provide the Customer with a refund for the price of the DOA Product and all shipping and handling costs for the DOA Product (including, the Customer's reasonable costs of returning the DOA Product to Vision Water.
5.6 If Vision Water reasonably determines that the returned Product is not DOA, Vision Water may in its absolute discretion refuse to replace the Product or offer the Customer a refund for the Product. Vision Water will return any returned Product that it reasonably determines is not DOA to the Customer at the Customer's cost.
5.7 A Product is considered DOA if it is discovered to be damaged or defective when first taken from its packaging.
5.8 If Vision Water replaces a Product in accordance with this clause 5, the replacement Product becomes the Customer's property and the returned DOA Product becomes Vision Water's property.
5.9 If Vision Water provides a refund to a Customer in accordance with this clause 5, the returned DOA Product becomes Vision Water's property.
6.1 Unless specified otherwise and in addition to any rights the Customer may have under statute, Vision Water warrants to the Customer that the Product, will be free from defects in materials and workmanship affecting normal use for a period of one year from the date the Product is delivered to the Customer ("Warranty Period") provided that the Customer constructs and installs each Product in accordance with the Installation Guide supplied with the Product ("Standard Warranty").
6.2 This Standard Warranty does not cover damage, fault, failure or malfunction due to external causes, including accident, abuse, misuse, usage and/or storage and/or installation not in accordance with Installation Guide supplied with the Product, normal wear and tear, act of God, fire, flood, war, act of violence or any similar occurrence; and problems caused by use of parts and components not supplied by Vision Water.
6.3 The Standard Warranty does not cover any items that are added to the Product after the Product is shipped from Vision Water.
6.4 During the Warranty Period, Vision Water will repair or replace any defective Product covered by the Standard Warranty that is returned to Vision Water. Customer must return the defective Product to Vision Water at the Customer's cost, and insure the shipment or accept the risk of loss or damage during such shipment and transportation. Vision Water will deliver the repaired or replacement Product to the Customer at Vision Water's cost.
6.5 While not affecting any non-excludable warranty or guarantee implied by law, Vision Water does not give any warranty that the Products are fit for any particular purpose and this Standard Warranty is given in place of all warranties, conditions, terms, undertakings and obligations implied by statute, common law, trade usage, course of dealing or otherwise including warranties or conditions of merchantability, fitness for purpose, satisfactory quality and/or compliance with description, all of which are hereby excluded to the fullest extent permitted by law.
7.1 Vision Water will not be liable for any loss of income, loss of profits, loss of contracts or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract, any other common law or statutory cause of action or otherwise and whether or not Vision Water knew of the possibility of such damage.
7.2 To the extent permitted by law and subject to clause 7.5, Vision Water's total liability herein in respect of each event or series of connected events shall not exceed the total price paid for the purchase of Products under these Terms of Sale.
7.3 The Customer shall indemnify Vision Water and keep Vision Water fully and effectively indemnified against any loss of or damage to any property or injury to or death of any persons caused by any negligent act or omission or wilful misconduct of the Customer, its employees, agents or sub-contractors or by any breach of its contractual obligations arising out of these Terms of Sale.
7.4 To the extent permitted by law, any typographical, clerical or other error or omission in sales literature, quotation, price list, acceptance of offer, invoice or other documents or information issued by Vision Water shall be subject to correction without any liability on the part of Vision Water.
Vision Water shall not be liable for any delay in performing any of its obligations under these Terms of Sale if such delay is caused by circumstances beyond the reasonable control of Vision Water, and Vision Water shall be entitled to a reasonable extension of time for the performance of such obligations.
Vision Water only ships Products within Australia. Vision Water will not make deliveries outside of Australia.
These Terms of Sale shall be governed by and construed in accordance with the laws of New South Wales and shall be subject to the non-exclusive jurisdiction of the courts of New South Wales.
11.1 The Customer shall not assign or otherwise transfer any Contracts or any of its rights and obligations hereunder whether in whole or in part without the prior written consent of Vision Water. Any such unauthorized assignment shall be deemed null and void.
11.2 If any part of these Terms of Sale is held to be unenforceable, the unenforceable part must be given effect to the greatest extent possible and the remainder will remain in full force and effect.
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