Terms of service

 

HOT WATER OUTLET – TERMS OF SERVICE, DELIVERY, PAYMENT, RETURNS AND WARRANTY TERMS

  1. Overview

1.1 This website is operated by Hot Water Outlet. Throughout these Terms, the expressions “Hot Water Outlet”, “we”, “us” and “our” refer to Hot Water Outlet and the relevant business entity shown on the customer’s invoice, order confirmation or payment receipt.

1.2 These Terms govern access to and use of our website, the purchase of hot water systems, hot water products, hot water spare parts, hot water accessories and related goods from us, and any related dealings between us and the customer.

1.3 Hot Water Outlet is a supply-only online store. Unless expressly stated otherwise in writing, we do not provide installation, plumbing, gas fitting, electrical work, trade labour, site attendance, removal of old units, compliance certification, connection, disconnection or commissioning services.

1.4 By accessing our website, placing an order, purchasing goods, requesting a quote, creating an account or otherwise dealing with us, you agree to be bound by these Terms.

1.5 If you do not agree to these Terms, you must not use our website or purchase goods from us.

1.6 We may update these Terms from time to time by publishing the revised version on our website. Continued use of our website after any update constitutes acceptance of the revised Terms.

1.7 Our online store may be hosted by a third-party ecommerce platform, which provides the technology that allows us to offer products for sale online.

  1. Online Store Terms

2.1 By using this website or placing an order, you represent that you are at least the age of majority in your State or Territory of residence, or that you have authority to act on behalf of the person, business or entity purchasing the goods.

2.2 You must not use our website, products or services for any unlawful, fraudulent, misleading or unauthorised purpose.

2.3 You must not transmit worms, viruses, malware, destructive code or any other material that may damage, interrupt or interfere with the operation of the website.

2.4 You agree to provide accurate, current and complete account, contact, billing, payment and delivery information, and to promptly update such information where required.

2.5 A breach of these Terms may result in cancellation of your order, refusal of future supply, suspension of website access, legal action or any other remedy available to us.

  1. General Website Conditions

3.1 We reserve the right to refuse service, reject or cancel orders, limit quantities, restrict supply or decline to deal with any person at any time, to the extent permitted by law.

3.2 Headings in these Terms are for convenience only and do not affect interpretation.

3.3 We may provide access to third-party tools, websites, payment platforms, freight portals or external links. These are provided on an “as is” and “as available” basis, and we are not responsible for their content, accuracy, terms, operation or availability.

3.4 Any ideas, comments, reviews, suggestions, photos, feedback or other content submitted to us may be used by us without restriction, subject to applicable law and our Privacy Policy.

3.5 Your submission of personal information through the website is governed by our Privacy Policy.

  1. Hot Water Products, Pricing and Availability

4.1 Products sold through Hot Water Outlet may include hot water systems, electric hot water units, gas hot water units, heat pump hot water systems, continuous flow hot water units, hot water valves, hot water accessories, spare parts and related hot water goods.

4.2 All product descriptions, specifications, images, measurements, performance data, pricing, freight estimates, availability and promotional offers are subject to change at any time without notice.

4.3 Certain products may only be available online and may be available in limited quantities.

4.4 We make reasonable efforts to ensure product descriptions, images, pricing and availability are accurate. However, errors, omissions, stock discrepancies and inaccuracies may occasionally occur.

4.5 We reserve the right to correct any error, omission or inaccuracy, including after an order has been submitted, and to cancel, amend or refund any order affected by such error.

4.6 We reserve the right to limit or refuse any order placed with us, including where we reasonably suspect the order is fraudulent, commercially unsuitable, outside our delivery network, incorrectly priced, affected by a stock error or otherwise impractical to fulfil.

4.7 Product availability is not guaranteed until the order has been accepted, processed and dispatched.

4.8 Unless expressly stated otherwise, product suitability remains the customer’s responsibility, subject to any rights the customer may have under Australian Consumer Law.

  1. Product Suitability and Customer Responsibility

5.1 The customer is responsible for confirming that any product purchased is suitable for their property, intended use, household requirements, existing services, water supply, gas supply, electrical supply, installation location, climate zone, available space and compliance requirements.

5.2 Product information on our website is general in nature and does not replace advice from a licensed plumber, gas fitter, electrician, builder, certifier, manufacturer or other appropriately qualified professional.

5.3 Before purchasing, the customer should confirm all relevant requirements, including but not limited to:

system type;

system capacity;

fuel type;

electrical requirements;

gas type;

gas load;

water pressure;

flow rate;

physical dimensions;

clearances;

drainage requirements;

valve requirements;

warranty conditions;

manufacturer requirements;

local compliance requirements.

5.4 We are not responsible for incorrect product selection, incorrect sizing, incompatible site conditions, unavailable services, unsuitable existing infrastructure or the customer’s failure to obtain professional advice before purchase.

5.5 Where the customer is unsure whether a product is suitable, the customer should seek advice from a licensed and qualified trade professional before placing an order.

5.6 Any recommendation provided by us is based only on information supplied by the customer and does not constitute a site inspection, installation assessment or guarantee of suitability.

  1. Supply-Only Terms

6.1 All goods sold by Hot Water Outlet are supplied on a supply-only basis unless expressly stated otherwise in writing.

6.2 The purchase price does not include installation, plumbing work, gas fitting work, electrical work, connection, disconnection, commissioning, removal of old units, disposal, certification, site inspection, permits, rectification works, trade labour, valves, fittings, pipework, drainage, electrical circuits, gas upgrades or any other site work unless expressly included in the product listing or written order confirmation.

6.3 The customer is responsible for arranging any required licensed plumber, gas fitter, electrician or other qualified trade professional.

6.4 The customer is responsible for ensuring that any product is installed, connected and commissioned in accordance with manufacturer instructions, Australian Standards, local laws, building requirements, plumbing requirements, electrical requirements, gas requirements and any applicable warranty conditions.

6.5 We are not liable for installation defects, third-party workmanship, incorrect connection, non-compliant work, site damage, commissioning issues, failure to follow manufacturer instructions or any loss caused by trades or persons not engaged by us.

6.6 Installation, connection or modification of hot water systems may involve regulated plumbing, gas fitting or electrical work. Such work must only be carried out by appropriately licensed and qualified persons.

6.7 Any reference on the website to product use, connection type, location, valve requirements, power requirements, gas requirements or compliance matters is general product information only and does not mean we have assessed the customer’s site.

  1. Delivery Terms

7.1 Delivery Areas

7.1.1 We deliver to selected locations within Australia through direct delivery, courier, freight carriers, supplier dispatch, depot delivery or other approved transport methods.

7.1.2 Delivery availability, pricing and method may vary depending on product type, size, weight, delivery address, stock location and freight network availability.

7.1.3 Some regional, remote, island, limited-access or non-mainland locations may not be eligible for direct delivery.

7.1.4 Where an address is outside our approved delivery network, the customer may be required to provide an alternative delivery address, arrange depot collection or organise third-party freight at the customer’s cost.

7.1.5 Delivery areas, delivery methods and freight providers may change without notice.

7.2 Estimated Delivery Timeframes

7.2.1 Standard delivery is generally estimated at 2 to 8 business days, depending on stock availability, product location, destination and freight conditions.

7.2.2 Express, priority or same-day delivery may be available for selected eligible products and locations only.

7.2.3 All delivery timeframes are estimates only unless expressly confirmed in writing as guaranteed.

7.2.4 We are not responsible for delays caused by suppliers, manufacturers, freight carriers, weather, road closures, public holidays, peak periods, incorrect delivery details, customer unavailability, restricted access or events outside our reasonable control.

7.3 Same-Day or Priority Delivery

7.3.1 Same-day or priority delivery may be available in selected areas for eligible products only.

7.3.2 Same-day or priority delivery may require:

the order to be placed before the applicable cut-off time;

stock to be available;

the delivery address to qualify;

the correct freight option to be selected and paid for;

safe delivery access to be available;

no weather, routing, vehicle, labour, traffic or operational issue preventing completion.

7.3.3 Orders placed after the applicable cut-off may be moved to the next available delivery window.

7.3.4 Same-day or priority delivery applies to delivery only and does not include installation or trade work.

7.4 Tracking and Dispatch

7.4.1 Once dispatched, tracking or delivery updates may be issued by email, SMS or other electronic communication.

7.4.2 Tracking may take up to 48 hours to update after dispatch.

7.4.3 Some bulky goods, supplier-direct deliveries or depot freight services may have limited tracking visibility.

7.5 Weather and Freight Delays

7.5.1 Deliveries may be delayed by wet weather, unsafe conditions, flooding, road closures, carrier backlogs, depot delays, public holidays, driver shortages or other freight network issues.

7.5.2 Such delays do not constitute breach and do not entitle the customer to compensation, except to the extent required by law.

7.6 Delivery Acceptance

7.6.1 The customer must inspect goods immediately upon delivery.

7.6.2 Any visible freight damage, missing goods, incorrect goods or damaged packaging must be reported immediately while the driver or courier is still on site where reasonably possible.

7.6.3 The customer should take clear photos of the product, packaging, consignment label and damage before the goods are moved, unpacked or used.

7.6.4 Failure to promptly inspect and notify may prejudice freight, damage or insurance claims, particularly where the damage was visible on delivery.

7.6.5 If goods are signed for without damage being noted, this may affect the availability of any freight claim.

  1. Bulky Goods, Access and Failed Delivery

8.1 Hot water systems and related products may be large, heavy, fragile or difficult to move.

8.2 The customer must ensure the delivery address is safe, accessible and suitable for delivery of bulky goods.

8.3 The customer must provide accurate delivery instructions and ensure that a responsible person is available to accept delivery where required.

8.4 Unless expressly stated otherwise, delivery is to the safest practical point accessible by the freight provider and does not include carrying goods upstairs, through buildings, over obstacles, across unsafe ground, into restricted areas or to a final installation location.

8.5 Freight providers may refuse to complete delivery if access is unsafe, restricted, obstructed or unsuitable for the vehicle or goods.

8.6 Additional charges may apply for:

failed delivery;

redelivery;

waiting time;

incorrect address details;

customer unavailability;

restricted access;

depot storage;

manual handling requirements;

tailgate requirements;

special vehicle requirements;

remote delivery surcharges;

return freight.

8.7 The customer is responsible for ensuring goods can be safely received, moved and stored after delivery.

8.8 We are not responsible for damage, delay, theft, weather exposure or loss occurring after goods are delivered in accordance with the order or delivery instructions.

  1. Authority to Leave

9.1 Where the customer authorises goods to be left unattended, the customer accepts all risk for loss, theft, weather exposure, damage or unauthorised access after delivery.

9.2 We and our freight providers may refuse to leave goods unattended where it is not safe, practical or appropriate to do so.

9.3 If goods cannot be safely left and no person is available to receive them, redelivery, storage or return fees may apply.

  1. Risk and Title

10.1 Risk in the goods passes to the customer upon delivery, collection or transfer to the customer’s nominated carrier, unless otherwise required by law.

10.2 Title in the goods does not pass to the customer until all amounts owing to us in respect of those goods have been paid in full.

10.3 Until title passes, the customer must keep the goods safe, protected, identifiable and in good condition.

10.4 If payment is reversed, withheld, dishonoured or not received in full, we may exercise any lawful recovery rights available to us.

  1. Returns, Refunds and Change of Mind

11.1 Nothing in these Terms excludes, restricts or modifies any right or remedy available under Australian Consumer Law.

11.2 Change of Mind

11.2.1 We do not provide refunds for change of mind.

11.2.2 If, in our absolute discretion, we agree to accept a return or cancellation for change of mind, we may offer store credit rather than a cash refund.

11.2.3 Any approved return, credit or refund may be reduced by:

outbound freight;

return freight;

pickup costs;

restocking charges;

merchant or card processing fees;

handling costs;

administration costs;

supplier fees;

any other cost already incurred by us.

11.3 Return Timeframe

11.3.1 Any request for an approved discretionary return must usually be made within 7 days of receipt of the goods.

11.3.2 Requests made outside this period may be refused unless required by law.

11.4 Return Eligibility

11.4.1 To be eligible for any approved discretionary return, goods must be:

unused;

uninstalled;

unconnected;

undamaged;

complete;

in original packaging;

in saleable condition;

accompanied by proof of purchase.

11.4.2 Goods that are installed, used, connected, damaged, incomplete, modified, customised, special-order, clearance, discontinued, made-to-order or not in original packaging are not eligible for change-of-mind return unless required by law.

11.5 Return Deductions

11.5.1 Approved returns may attract a restocking and handling fee.

11.5.2 Heat pumps, bulky hot water systems, special-order items and supplier-direct products may attract higher restocking, pickup or supplier return charges.

11.5.3 Where a return is approved, the customer is responsible for ensuring the goods are safely packaged, protected and transported.

11.5.4 We are not responsible for goods damaged in return transit.

11.6 Incorrect Orders Placed by the Customer

11.6.1 If the customer orders the wrong product, size, model, fuel type, connection type, voltage, capacity, accessory or spare part, any return, exchange or credit is at our discretion unless required by law.

11.6.2 Approved returns for incorrect customer selection may be reduced by freight, restocking, card, handling and supplier charges.

11.7 Damaged, Faulty or Incorrect Goods

11.7.1 The customer must inspect goods immediately upon delivery and report any visible freight damage, incorrect supply or missing items without delay.

11.7.2 Claims should include the order number, delivery address, description of the issue and clear photos.

11.7.3 Visible freight claims may be refused where the goods were accepted without notation and no prompt notice was provided.

11.7.4 If goods are faulty, damaged or incorrectly supplied, we will assess the claim in accordance with Australian Consumer Law, manufacturer processes and applicable freight requirements.

11.8 Refund Timing

11.8.1 Any approved refund will generally be processed to the original payment method within 5 business days of approval, less any applicable deductions.

11.8.2 Bank, card provider or payment platform processing times may vary.

  1. Warranty and Australian Consumer Law

12.1 Nothing in these Terms excludes, restricts or modifies any non-excludable consumer guarantee, right or remedy available under Australian Consumer Law.

12.2 Products may be covered by manufacturer warranties, which vary by brand, model, product type and use.

12.3 Manufacturer warranty terms, warranty periods, servicing requirements and claim procedures are determined by the relevant manufacturer.

12.4 The customer is responsible for ensuring the product is installed, connected, commissioned, operated and maintained in accordance with manufacturer instructions and applicable laws.

12.5 Warranty coverage may be affected or refused where the issue arises from:

incorrect product selection;

incorrect installation by a third party;

non-compliant installation;

failure to follow manufacturer instructions;

incorrect commissioning;

incorrect electrical connection;

incorrect gas connection;

incorrect water pressure;

water quality issues;

lack of servicing;

misuse or neglect;

storm, flood, fire, pests, corrosion or external damage;

modification or interference;

use outside manufacturer specifications;

damage in storage after delivery;

transport damage not reported promptly.

12.6 We do not provide a labour, workmanship or installation warranty because Hot Water Outlet is a supply-only store.

12.7 If a product fault is alleged, the customer must provide:

customer name;

order number;

delivery address;

product model;

serial number where available;

description of the issue;

clear photos or videos where relevant;

installer details where requested;

proof of installation or compliance documents where requested by the manufacturer.

12.8 We may assist with manufacturer warranty claims where practical, but manufacturer assessment timeframes and decisions are outside our control.

12.9 If a claim is assessed and found not to be covered by warranty or Australian Consumer Law, the customer may be responsible for inspection, freight, testing, labour, service, manufacturer or administration costs.

  1. Heat Pump STC, Rebate and Incentive Terms

13.1 Where the price of a heat pump or eligible hot water product has been reduced by reference to Small-scale Technology Certificates, rebates, incentives or similar schemes, that reduction forms part of the commercial basis of the sale.

13.2 The customer is responsible for ensuring that all eligibility requirements are satisfied, including property eligibility, product eligibility, installation eligibility, documentation requirements and any installer or scheme requirements.

13.3 If:

the product is not eligible;

the property is not eligible;

the customer is not eligible;

required documents are not provided;

the product is not installed in accordance with scheme requirements;

scheme requirements are not met;

the certificates, rebate or incentive cannot be validly claimed for any customer-side reason;

the customer provides false, incomplete or inaccurate information,

then the customer must repay the value of any discount, certificate, rebate or incentive originally applied.

13.4 Unless otherwise specified, STCs may be calculated at the rate stated on the product page, invoice, quote or order confirmation.

13.5 Any refund, return, cancellation or credit on an affected order may be reduced by the applicable STC, rebate, incentive or certificate amount.

13.6 The customer warrants that all information provided in relation to STC, rebate or incentive eligibility is true, accurate and complete.

13.7 If ineligibility is discovered after pricing has been applied, the customer must pay the relevant amount within 7 days of invoice.

  1. Payment Terms

14.1 The customer must pay all amounts due in clear funds by the due date stated on the invoice, checkout, quote or payment request.

14.2 Unless otherwise agreed in writing, payment is due immediately on checkout, invoice issue, order approval or payment request.

14.3 Our obligation to supply or dispatch goods is conditional upon payment being received and cleared, unless otherwise agreed in writing.

14.4 If the customer fails to pay on time, we may:

cancel or hold the order;

suspend dispatch;

charge a late payment fee of $50;

charge interest at 15% per annum on overdue amounts, calculated daily;

charge a dishonour fee of $25 for failed payments;

withhold further supply;

refer the debt for collection;

commence legal proceedings;

recover collection, legal, administrative and enforcement costs on an indemnity basis.

14.5 Where multiple persons or entities place an order or receive the benefit of supply, they are jointly and severally liable for all amounts owing.

14.6 Unless otherwise approved in writing, payment must be made via our nominated payment platform, checkout or portal.

14.7 Payment methods may include Visa, Visa Debit, Mastercard, Mastercard Debit or other payment methods shown at checkout.

14.8 Other payment methods may only be accepted with prior written approval.

14.9 Any discount linked to immediate payment, portal payment, promotional pricing or approved payment method may be withdrawn if payment is late, reversed or made by an unapproved method.

  1. Disputes and Complaint Resolution

15.1 If the customer disputes the quality of goods, delivery outcome, payment amount or accuracy of an invoice, the customer must provide written notice setting out the dispute in reasonable detail within 14 days of the relevant invoice date, delivery date or issue arising.

15.2 Upon receiving a written complaint, we will aim to:

acknowledge the complaint within 3 business days;

provide a substantive response within 10 business days where reasonably practicable.

15.3 The parties agree to attempt to resolve disputes in good faith before commencing formal recovery or escalation processes, where reasonable.

15.4 The customer should first raise the issue directly with us before initiating a chargeback, external complaint or formal proceeding, unless urgent escalation is reasonably necessary.

15.5 Nothing in this clause prevents either party from exercising any legal right, including rights under Australian Consumer Law or applicable regulatory schemes.

  1. Chargebacks, Payment Reversals and Recovery Costs

16.1 If the customer initiates a chargeback, payment reversal, bank dispute or card dispute after goods are supplied, dispatched, delivered, ordered from a supplier or otherwise allocated to the customer’s order, and the amount is reversed, frozen, withheld or clawed back, the customer remains liable for all amounts properly due under these Terms.

16.2 In that event, the customer must pay:

the reversed or withheld amount;

all bank, merchant, gateway and payment processing fees incurred by us;

a reasonable administration fee of up to $500 including GST representing internal time spent reviewing records, preparing evidence, answering the payment provider and reissuing demands;

all debt recovery, legal, tribunal, court, filing and enforcement costs incurred in recovering the debt;

any overdue interest otherwise payable under these Terms.

16.3 If the customer initiates a chargeback without first giving us a reasonable written opportunity to investigate and respond, that may constitute a breach of these Terms and may be relied upon in any recovery action.

16.4 If goods have been supplied, dispatched, delivered or specially ordered and funds are later reversed without lawful basis, we may treat the amount as an overdue debt and pursue all available recovery action.

16.5 We may also recover losses directly caused by an unjustified reversal, including additional freight, return, storage, supplier, collection or recovery costs where reasonably incurred.

  1. Default

17.1 The customer is in default if the customer:

fails to pay any amount by the due date;

breaches these Terms and fails to remedy that breach within 7 days of written notice where the breach is remediable;

cancels or refuses delivery after confirmation and applicable charges arise;

becomes bankrupt or insolvent, or a receiver, manager or trustee is appointed;

has judgment entered against them and remains unsatisfied;

otherwise repudiates or abandons the contract.

17.2 On default, we may, to the extent permitted by law:

suspend or terminate supply;

cancel pending orders;

accelerate all amounts owing;

recover unpaid goods where lawful;

resell recovered goods;

register and enforce security interests;

commence debt recovery or legal proceedings;

recover all legal, collection and enforcement costs on an indemnity basis.

17.3 Failure to pay when due constitutes immediate default.

17.4 We may obtain creditworthiness information or report delinquent accounts to credit reporting or debt recovery bodies to the extent permitted by law.

17.5 If an overdue account is referred for debt collection, the customer must pay any collection commission or fee charged to us, including a collection fee of not less than 20% plus GST, where incurred.

  1. Recovery Rights, Security Interest and PPSA

18.1 Title in goods supplied by us does not pass to the customer until all amounts owing to us in respect of those goods have been paid in full.

18.2 Until title passes:

the customer holds the goods as bailee for us;

the customer must keep the goods identifiable and separate where reasonably possible;

the customer must not sell, dispose of, encumber, damage or alter the goods;

we may reclaim the goods if payment is overdue, where lawful.

18.3 The customer irrevocably grants us, and any person authorised by us in writing, the right to enter any premises where the goods are reasonably believed to be located for the purpose of inspecting or recovering them, upon reasonable notice where practicable and lawful.

18.4 The customer indemnifies us against all reasonable costs of recovery, enforcement, transport, repossession and associated legal action relating to unpaid goods.

18.5 The customer acknowledges that these Terms may create a security interest for the purposes of the Personal Property Securities Act 2009 and consents to us registering any such security interest on the PPSR.

18.6 The customer must do anything reasonably required by us to ensure our security interest is enforceable, perfected and continuously perfected.

18.7 Any order placed after these Terms are first provided is deemed to be further performance under these Terms and not a separate agreement, unless otherwise agreed in writing.

18.8 To the extent permitted by law, the customer also charges in our favour all of the customer’s present and after-acquired interest in goods supplied by us as security for payment of all monies due.

18.9 This section is intended to operate to the fullest extent available at law, but only to the extent lawfully enforceable against the relevant customer and transaction type.

  1. Reviews, Public Statements and Accuracy of Feedback

19.1 We welcome honest, accurate and fair feedback from customers.

19.2 The customer must not publish or communicate any statement, review or allegation about us that is knowingly false, misleading, defamatory, malicious or materially inaccurate.

19.3 We reserve all rights in relation to false, misleading, defamatory or injurious statements, including the right to request removal, correction, clarification or to seek legal relief where appropriate.

19.4 Nothing in this clause prevents a customer from leaving an honest review or making a genuine complaint.

  1. Privacy

20.1 Personal information submitted to us is handled in accordance with our Privacy Policy.

20.2 The customer authorises us to collect, use and disclose information reasonably necessary to process orders, arrange delivery, assess creditworthiness where relevant, recover debts, respond to enquiries, manage warranty claims and otherwise administer the customer relationship in accordance with law.

  1. Website Errors, Inaccuracies and Prohibited Uses

21.1 We reserve the right to correct typographical errors, pricing errors, omissions, stock errors, freight estimate errors and other inaccuracies at any time, including after an order is submitted.

21.2 The customer must not use the website:

for unlawful purposes;

to infringe intellectual property;

to upload malware;

to interfere with the site;

to scrape, crawl or data-mine;

to submit false or misleading information;

to harass, abuse or threaten;

to attempt unauthorised access to systems, accounts or data.

21.3 We may terminate or restrict site access for breach of this clause.

  1. Disclaimer of Warranties and Limitation of Liability

22.1 To the maximum extent permitted by law, our website and products are provided on an “as is” and “as available” basis unless expressly stated otherwise.

22.2 We do not guarantee uninterrupted website access, error-free service, continuous stock availability, exact colour/image representation, or that all information is always current or free from error.

22.3 To the maximum extent permitted by law, we exclude all implied warranties, guarantees, conditions and representations except those that cannot lawfully be excluded.

22.4 Where liability cannot be excluded, our liability is limited to the maximum extent permitted by law and, where applicable, to:

replacement of the goods;

repair of the goods;

supply of equivalent goods;

payment of the cost of replacing or repairing the goods;

payment of the cost of acquiring equivalent goods.

22.5 To the maximum extent permitted by law, we are not liable for indirect, consequential or special loss, including loss of profit, loss of use, loss of revenue, delay loss, water damage, property loss, reputational loss, loss arising from third-party installation or business interruption.

22.6 Nothing in these Terms excludes or limits any non-excludable rights under Australian Consumer Law.

  1. Indemnity

23.1 The customer indemnifies and holds harmless Hot Water Outlet, its directors, employees, contractors, agents and service providers against any claim, liability, loss, damage, cost or expense arising from:

the customer’s breach of these Terms;

incorrect information provided by the customer;

incorrect product selection by the customer;

unsafe or unsuitable delivery conditions;

customer-caused delay, cancellation or non-compliance;

unlawful or negligent acts or omissions of the customer;

third-party installation, connection, alteration or handling of goods after delivery;

storage, movement, misuse or damage of goods after delivery.

23.2 This indemnity extends to reasonable legal and enforcement costs on a full indemnity basis, to the extent permitted by law.

  1. Severability

24.1 If any provision of these Terms is held to be unlawful, void or unenforceable, that provision will be severed and the remainder of the Terms will remain in full force and effect.

  1. Termination

25.1 These Terms continue until terminated by either party in accordance with law.

25.2 We may suspend or terminate supply immediately where the customer breaches these Terms, fails to pay, creates a delivery or safety risk, acts abusively, misuses the website or otherwise makes continued dealings impractical or unsafe.

25.3 Any accrued rights, obligations, indemnities, payment obligations and recovery rights survive termination.

  1. Entire Agreement

26.1 These Terms, together with any quote, product page, checkout terms, warranty terms, delivery terms, privacy policy and any written special conditions issued by us, constitute the entire agreement between the parties.

26.2 To the extent of inconsistency, the following order of precedence applies:

written special conditions issued by us for the order;

product page or quoted scope specific to the order;

checkout terms specific to the order;

these Terms;

other website policies.

  1. Governing Law

27.1 These Terms are governed by the laws of Queensland, Australia.

27.2 The parties submit to the non-exclusive jurisdiction of the courts of Queensland and any court competent to hear appeals from them.

  1. Changes to Terms

28.1 We may amend these Terms at any time by publishing the updated version on our website.

28.2 The version published at the time of order, payment or supply will generally apply to that transaction unless a later version is accepted by the customer or required by law.

  1. Contact Information

Questions, notices, warranty claims, disputes and general enquiries should be directed to:

Hot Water Outlet
Email: help@hotwateroutlet.com.au