POSEIDON PURE WATER

These terms and conditions of sale (Terms) apply to Poseidon Pure Water Proprietary Limited located at Level 13, 40 Mount Street, North Sydney, NSW, 2060 (Poseidon Pure Water).

TERMS

This document sets out the Terms applicable to the agreement between the Customer and Poseidon Pure Water under which Equipment may be rented by the Customer and/or Products may be purchased by the Customer from time to time.

COMMENCEMENT DATE

The commencement date of these Terms is the date the relevant Agreement Form is signed by the Customer, or the date in which the Products are purchased online by the Customer.

TERM

(a) The Agreement remains in force for the minimum term (Term) as stated on the relevant Agreement Form or if not specified, until the Customer or Poseidon Pure Water terminates this Agreement with 14 days’ notice.

(b) If the Customer elects to return the Equipment prior to the end of the Term, the Customer is still liable to pay for all outstanding rentals, Invoices, reasonable overdue interest charges, reasonable debt collection fees, reasonable dishonour fees, and any other reasonable charges, which may apply on demand as a debt due from the Customer to Poseidon Pure Water.

(c) Upon termination or expiry of the Agreement, refunds will not be provided for any unused Products, subject to clause 21.

RESIDENTIAL AND COMMERCIAL TERMS

Poseidon Pure Water offers its Customers a subscription service to supply Products and associated Equipment to Residential and Commercial premises. The following Terms apply to the provision of these goods and services by Poseidon Pure Water to the Customer:

EXCLUSIVE USAGE

The Customer agrees that the Poseidon Pure Water water coolers shall be used for the sole purpose of dispensing products supplied by Poseidon Pure Water.

WARRANTY AND REPAIRS

(a) Poseidon Pure Water warrants that the Equipment will remain in good operating condition throughout the Term and Poseidon Pure Water will perform, without charge, all repairs necessary to keep the Equipment in good operating condition or, at its discretion, to replace it with equivalent Equipment.

(b) Poseidon Pure Water warrants that any water filtration Product will remain in good operating condition for 12 months from when it was sold to the Customer.

(c) The Customer agrees to exercise due care to protect the Equipment and any water filtration Product, and acknowledges that Poseidon Pure Water will have no obligations to repair or replace under the warranty in paragraph 6(a) or 6(b) if the failure of the Equipment is a result of extraordinary wear and tear, any alteration or tampering with the Equipment or Product, or misuse, loss or damage of the Equipment or Product. In those cases, Poseidon Pure Water is entitled to charge the Customer its reasonable charges for repairing or replacing the Equipment or Product.

(d) To the full extent permitted by law, but subject to clause 21, Poseidon Pure Water excludes all other guarantees, conditions, and warranties that apply to the Equipment or a Product or that would be implied into these Terms (whether by statute, general law, customs, or otherwise).

(e) The Customer agrees to maintain the Equipment in a clean and hygienic condition and acknowledges that if Poseidon Pure Water considers the Equipment to be in a substantially unclean or unhygienic condition, Poseidon Pure Water reserves the right to clean and sanitise (or exchange) the Equipment on the Customer’s behalf at the Customer’s cost. Poseidon Pure Water agrees to notify the Customer in advance of its intention to clean and sanitise the Customer’s Equipment.

(f) The Customer acknowledges that use of the Equipment is at their own risk, subject to clause 21. The Customer must ensure that the Equipment is insured against theft or loss.

MOVING

The Customer agrees not to remove the Equipment from the premises where it is initially installed (or subsequently moved to under the provisions of this clause) without first notifying Poseidon Pure Water in writing and only after receiving approval from Poseidon Pure Water. Poseidon Pure Water agrees not to unreasonably withhold its approval to move the Equipment.

LOST OR DAMAGED EQUIPMENT

In the event of the Equipment being lost or damaged while in the care of the Customer, the Customer agrees to reimburse Poseidon Pure Water in full for the reasonable costs of repair or replacement of the Equipment. This includes Poseidon Pure Water’s right to charge for lost bulk spring water bottles.

PAYMENT TERMS

(a) The Customer must make payment by: For Commercial Customers: on account within fourteen (14) days of Invoice date, or as per Agreement Form, by direct debit, credit card or EFT; or For Residential Customers: by direct debit deduction facility only. Poseidon Pure Water may, in its own discretion, allow payment via a credit card in exceptional circumstances, such as clause 23(a)(i).

(b) The Customer agrees that Poseidon Pure Water will endeavour to allocate all payments received as per the Invoice number specified by the Customer or alternatively, if no Invoice number is specified, then to the oldest Invoice first, however, ultimately in Poseidon Pure Water’s own discretion.

(c) Payment is required prior to any installation of Equipment.

(d) The Customer agrees that Poseidon Pure Water may require that direct debit deductions be facilitated via a credit card. 10.

OVERDUE PAYMENT

(a) The Customer agrees that any payments dishonoured or reversed by the Customer’s bank (made by direct debit, EFT or credit card) will be reimbursed by the Customer to Poseidon Pure Water including any fees or charges incurred by Poseidon Pure Water as a result of the dishonoured or reversed payment.

(b) The Customer agrees that any reasonable costs or disbursements incurred by Poseidon Pure Water in recovering any outstanding monies including Equipment pick up fees, debt collection agency fees, solicitor’s costs plus overdue interest charges calculated daily from due date, shall be paid by the Customer.

(c) The Customer agrees that at the conclusion of the Agreement, Poseidon Pure Water may set-off the amount of the Bottle Deposit against any amount owing to Poseidon Pure Water under the Agreement which has not been paid by the Customer within a reasonable timeframe.

PRICING

(a) The Customer agrees to pay for the Products and Equipment supplied by Poseidon Pure Water on a monthly or annual basis, including tax where applicable, at the price specified on the relevant Agreement Form or at the revised price specified by Poseidon Pure Water according to clauses.

(d) and (f). (b) The Customer agrees that the total initial payment as set out in the relevant Agreement Form is payable before or on the installation of the Equipment or Products (as applicable).

(c) The Customer agrees that any Water Filtration Installation Charge is non-refundable.

(d) Poseidon Pure Water reserves the right to adjust the price of Products during the Term, acting reasonably taking into account increases in the costs of Products to Poseidon Pure Water and the Consumer Price Index, by giving 28 days’ notice to the Customer of the price increase. If Poseidon Pure Water exercises this right, the Customer may terminate this Agreement for the reason of the price rise on 14 days’ written notice.

(e) If renting certain Poseidon Pure Water spring water bottles, Poseidon Pure Water may require the Customer to pay a Bottle Deposit amount (as notified by Poseidon Pure Water to the Customer), which will be refunded by Poseidon Pure Water to the Customer at the conclusion of the Agreement, subject to clause 10(c) above.

(f) Poseidon Pure Water will provide the agreed number of replacement cartridges per annum as set out on the relevant Agreement Form for each filtered water cooler at no additional cost to the Customer. The Customer agrees to pay for any additional replacement cartridges.

(g) Poseidon Pure Water reserves the right to charge the Customer an “un-plumb” fee if the Agreement is terminated by either party and the Customer requests that Poseidon Pure Water removes pipes from or repairs walls in the Customer’s premises. Poseidon Pure Water agrees that the un-plumb fee will be a reasonable amount which reflects the costs incurred by Poseidon Pure Water in removing pipes and/or repairing walls and this will be agreed with the Customer prior to removing any pipes/repairing walls.

(h) For Products which are subject to any container deposit scheme (or similar scheme) in any relevant state or territory (CDS) or which become subject to any CDS after the date of this Agreement, Poseidon Pure Water may increase the Customer pricing in response to any direct or indirect costs which may be incurred from time to time in connection with the CDS (including, for example, container deposit costs and handling fees) (CDS Fees). Any discounts, rebates or other incentives under this Agreement are to be calculated from a base that is exclusive of CDS Fees.

DELIVERY

(a) Poseidon Pure Water will deliver the Equipment and Products to the Customer’s nominated premises and thereafter will deliver Products on a regular scheduled delivery cycle. In the event Poseidon Pure Water require a modification to the delivery cycle, Poseidon Pure Water will contact the Customer and provide reasonable notice of, the revised delivery cycle.

(b) Poseidon Pure Water reserves the right to charge the Customer a delivery fee. This delivery fee will be exclusive of the Purchase Price and will sit separately in the applicable Invoice. The delivery fee may be reviewed

PRIVACY

 (a) Poseidon Pure Water will ensure that all of its dealings with Personal Information in connection with these Terms comply with applicable Privacy Laws and Poseidon Pure Water’s privacy policy available at https://www.poseidonpurewater.com/ privacy-policy (as updated by Poseidon Pure Water from time to time). (b) Poseidon Pure Water will use personal information about you which you or others have provided at any time in order to manage Poseidon Pure Water’s relationship with you. You agree to receive communications from Poseidon Pure Water (including by email and SMS) in connection with the supply of Products or services and operation of your account and, unless you opt out, also any other communications from Poseidon Pure Water, including business updates, reminders, surveys, and marketing.

GENERAL

 In the event of the Equipment being lost or damaged while in the care of the Customer, the Customer agrees to reimburse Poseidon Pure Water in full for the reasonable costs of repair or replacement of the Equipment. This includes Poseidon Pure Water’s right to charge for lost bulk spring water bottles.

(a) The Customer will not assign its rights under these Terms without Poseidon Pure Water’s prior consent.

(b) If any part of these Terms is or becomes illegal, void, or unenforceable, this does not invalidate the rest of the Terms.

(c) If an amount is payable by the Customer to Poseidon Pure Water, Poseidon Pure Water is entitled to set off that amount against any amount payable by Poseidon Pure Water to the Customer.

(d) Clauses 16 (Ownership will pass on payment and risk will pass on delivery), 17 (Goods and Services Tax), 20 (Poseidon Pure Water’s liability), 21 (Consumer Rights), 22 (Customer indemnifies Poseidon Pure Water), 26 (Personal Property Securities Act), and this clause 28 (General) survive the expiry or termination of this Agreement or the cancellation of orders under these Terms.

(e) These Terms are governed by and construed in accordance with the law of New South Wales, and the parties submit to the jurisdiction of the Courts of New South Wales. The United Nations Convention on Contracts for the International Sale of Goods (Vienna 1980) is excluded.

(f) Poseidon Pure Water may subcontract its obligations without the Customer’s prior consent.

(g) No claim or right of a party under these Terms shall be deemed to be waived or renounced in whole or in part unless confirmed in writing by the other party.

(h) The Customer will assist Poseidon Pure Water as reasonably required in the event of a product recall over Products the Customer has acquired from Poseidon Pure Water.

(i) Poseidon Pure Water and the Customer are independent contractors and not employees, partners, or joint venturers. (j) The Customer acknowledges and agrees that Poseidon Pure Water’s supply of the Products to the Customer Premises is for provision at no cost and/or retail sale at the Customer Premises. The Customer must only supply the Products to customers of the Customer Premises who are the end consumers of the Products and not at any time supply the Products to any person who will, or may, on-sell the Products to any other person.