Terms of Trade

Payment

1. The client will make payment for all goods or services supplied upon delivery or completion of the services.
2. Variation of payment terms may only be by written agreement between My Pool Shop Melbourne and the client.
3. Where goods or services are provided on credit, payment must be made within the time shown on the invoice or otherwise agreed in writing between My Pool Shop Melbourne and the client.
4. Where a payment is overdue, the balance outstanding may be charged interest at the rate of 10% per annum or other late payment fee as notified by My Pool Shop Melbourne.
5. If My Pool Shop Melbourne needs to engage the services of a mercantile agent debt collector or solicitor for the collection of outstanding sums, the client will be liable for the costs of debt collection.

Warranty for products

1. All implied conditions and warranties in relation to the goods to be supplied by My Pool Shop Melbourne are excluded to the maximum extent permitted by law, to the extent that, so far as legally possible, these conditions will comprise the entirety of both My Pool Shop Melbourne’s and the clients’ rights and obligations.
2. Subject to any non-excludable rights conferred on the client by law, if the client wishes to make a claim in respect of a warranty or any other claim in respect of the Goods, the client must give written notice of the claim to My Pool Shop Melbourne within 14 days of delivery of the Goods, time being of the essence. My Pool Shop Melbourne is not liable for any claim if the client does not comply with this time limit.
3. My Pool Shop Melbourne assigns all of its interest or benefit in any manufacturer’s warranty in respect of the goods to the client upon receipt of full payment for the product.

Limitation of Liability

1. To the maximum extent permitted by law, My Pool Shop Melbourne 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:
2. The client’s use or misuse of any Goods supplied;
3. The negligence of My Pool Shop Melbourne, its servants or agents, and any supplier of goods in the supply of goods and services to the client.
4. My Pool Shop Melbourne’s liability arising from the delivery of any defective goods or goods that do not comply with any warranty implied by law, or any other claim, is limited to any one or more of the following (at My Pool Shop Melbourne’s option):
5. replacement of the Goods or the supply of equivalent goods;
6. payment in lieu of replacing the goods or acquiring equivalent goods;
7. repair of the Goods; or
8. payment in lieu of having the goods repaired.
9. In any event, My Pool Shop Melbourne will not be liable for any claim for loss of profits or consequential damages.
10. The liability of My Pool Shop Melbourne 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.

Purchase of chlorinator – Possible rusting of pool structure

1. My Pool Shop Melbourne expressly discloses, and the client confirms receiving prior notice from My Pool Shop Melbourne that in some instances chlorinators have caused rusting of the pool structure. The client acknowledges that rusting occurs for reasons completely beyond the control of My Pool Shop Melbourne.
2. The purchase of the chlorinator is made by the Client on the express understanding that My Pool Shop Melbourne will not be responsible for any rusting of the pool structure which subsequently may occur, and the client releases My Pool Shop Melbourne from any loss or damage or claim arising out of or in relation to the rusting of the client’s pool caused by the chlorinator, whether purchased or repaired, or for which parts are supplied.

Risk and ownership of Goods

1. Risk in all Goods supplied passes to the client when Goods are delivered to the client.
2. Ownership of all Goods delivered to the Client remains with My Pool Shop Melbourne until payment is made for the Goods. The Client holds all Goods delivered to the Client as fiduciary bailee.

Repossession of Goods where full payment has not been received

1. If the client fails to pay for the Goods on the due date, the client irrevocably authorises My Pool Shop Melbourne to enter the client’s premises (or any other premises under the client’s control if the Goods are stored at such premises) and use reasonable force to retake possession of the Goods without liability for trespass or any resulting damage.
2. The client agrees to indemnify My Pool Shop Melbourne and keep My Pool Shop Melbourne harmless for all claims by causes of action which may arise from My Pool Shop Melbourne retaking possession, and the client agrees to pay My Pool Shop Melbourne’s costs of retaking possession. My Pool Shop Melbourne will be entitled but not obligated to resell any Goods repossessed pursuant to the provisions of this clause.

Re-performance of service

1. If the client is not satisfied with the service performed by My Pool Shop Melbourne and notifies My Pool Shop Melbourne within 7 days of the service being performed, My Pool Shop Melbourne will repeat the service at no additional cost to the Client.

Collection of Images & Videos for Marketing Purposes

Personal Property Securities Act 2009 (PPSA)

1. The client acknowledges that these conditions constitute a security agreement for the purposes of Section 10 of the PPSA which creates a security interest in favour of My Pool Shop Melbourne in all the Goods previously supplied (if any) and all Goods supplied thereafter by My Pool Shop Melbourne to the client to secure the payment from time to time and of all money owing by the client to My Pool Shop Melbourne.
2. The client acknowledges and agrees:
a) That by agreeing to these conditions, the client agrees to grant a security interest (by virtue of the retention of title clause) to My Pool Shop Melbourne in respect of all Goods previously supplied (if any) and all Goods supplied thereafter by My Pool Shop Melbourne to the client and these conditions will apply notwithstanding anything express or implied to the contrary contained in this or any other agreement or document.
b) The client agrees that the security interest granted to My Pool Shop Melbourne is a “purchase money security interest”, as that term is defined in the PPSA.
3. The client undertakes to:
a) Sign any further documents and/or provide any further information (which information the client warrants to be complete, accurate and up-to-date in all respects) which My Pool Shop Melbourne may reasonably require to enable registration of a financing statement or financing change statement on the Personal Property Securities Register (PPSR);
b) Not register a financing change statement as defined in Section 10 of the PPSA or make a demand to alter the financing statement pursuant to Section 178 of the PPSA in respect of the Goods without My Pool Shop Melbourne’ prior written consent;
c) Give My Pool Shop Melbourne not less than 14 days prior written notice of any proposed change in the client’s name and/or any other changes in the details (including but not limited to a facsimile number, email address, trading name or business practice);
d) Pay all costs enforcing or attempting to enforce the security interest created by these conditions including executing subordination agreements; and
e) Do all things necessary to assist My Pool Shop Melbourne in perfecting its security interest.
4. Pursuant to Section 157 of the PPSA, unless otherwise agreed in writing by My Pool Shop Melbourne, the client waives the right to receive a verification statement in respect of any financing statement or financing change statement relating to the security interest.
5. To the maximum extent permitted by law, the client waives the client’s rights under sections 95, 96, 125, 121(4), 130(1)(a), 132(1), 132(3)(d), 132(4), 134(2)(a), 135, 140(2)(f), 142, and 143 of the PPSA.
6. For the purposes of section 125 of the PPSA the client agrees that a “reasonable period” will not mean less than 12 months regardless of the circumstances.
7. All terms used in clauses 1, 2, 2a), 2b), 3a), 3b), 3c), 3d), 3e), 4, 5, 6, and 7, unless otherwise provided, have the same meaning as given to those terms in the PPSA.

Definitions

1. Conditions means these terms and conditions of sale, including any amendment or variation.
2. Goods means goods supplied by My Pool Shop Melbourne to the client.
3. My Pool Shop Melbourne includes SKIT Pool & Spa Services Pty Ltd, its servants, agents, and contractors.