Terms and Conditions
Please read through these Conditions of Sale carefully as they form the agreement under which we will supply products and services to you.
It’s important to note that in our quest to offer the best pool equipment many of the brands from whom we source our products operate under trade agreements. This basically means we are an agent for their brand, an arrangement whereby – technically – you are transacting with the brand even though you are dealing through us. This may apply to certain products from brands such as:
Astral Pool, Zodiac, Pentair, Onga, Magnor, Pool Pro.
When buying products from these manufacturers, you will be subject to their terms and conditions, which will prevail over these Conditions of Sale if there is any inconsistency.
Order and Availability
When you have ordered a product from us by paying for the product in full, a binding agreement will come into existence between you and us. Only these Conditions of Sale will apply in relation to the supply of the product. Orders for a product will not be placed or dispatched until you have paid for the product in full.
Orders changed or cancelled may incur a restocking fee if they have been custom ordered in at your request. This will be the decision of management depending on the product and time frame.
All stock availability as represented by our sales team is accurate in accordance with our current stock levels. However, if, for any reason, we cannot supply a product you have ordered, we will let you know using the details provided by you to amend, cancel or delay pick up time until stock arrives as agreed with you. If you choose to delay your order, we will contact you to arrange for pick up once the product is available.
In the event of a model or range change by a manufacturer we will endeavour to notify you as soon as possible and attempt to secure the product or offer the best alternative to equal or greater value.
Prices and Payment
All prices are AUD and inclusive of GST. Regarding pricing mistakes or errors, we make every effort to ensure prices and product information displayed on our website, catalogues or advertisements are correct and up-to-date.
Prices and discounts for our products displayed on third party websites may not be correct and we are not bound by them. We accept no liability for products that are superseded prior to payment in full has been made.
Pick Up Conditions
We offer a click and collect service for all orders Monday to Saturday within our opening hours.
Appropriate identification of purchase must be presented upon pick up and product must be paid in full before collection.
Warranties and Limitation of Liabilities
Warranty action is determined by the product and its respective warranty cover. Some products are replacement only, workshop only and infield cover and different products have different periods of cover for both parts and labour.
The service agent will refer back to the manufacturer if needed to assist with actioning any matter. The manufacturer will cover parts and labour for any product related matter if determined by the service agent inspection and within the warranty period for labour and parts, except for those exceptions as detailed in the terms and conditions.
Customers will be charged for the following – inspection, non product related matters, out of labour warranty period for that product. From time to time the manufacturer might want to get the product back for closer inspection. Time frame is subject to the manufacturers level of business activity and can vary depending on time of year, manufacturer and product.
Without limiting Australian Consumer Law, products sold by Kirratech Pool Services, Fluidra, Pool Pro, and other manufacturers or suppliers are designed for use with swimming pool water balanced in accordance with Australian Standard AS3633-1989 with a pH range of 7.0 – 7.8. Maximum chlorine readings should not exceed 4ppm. Where pool water is not maintained within these parameters, Kirratech Pool Services, Fluidra, Pool Pro and other manufacturers or suppliers will not be responsible under this express warranty for any resulting damage, including damage caused by corrosion, scaling or stress loading.
Nothing in these Conditions of Sale limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (“ACL“) (or any liability under them) which by law may not be limited or excluded.
“Our goods come with warranties and guarantees that cannot be excluded under the Australian Consumer Law (“Consumer Guarantees“). You are entitled to a replacement or a refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure”.
Your product may come with a manufacturer’s warranty. The manufacturer’s warranty is in addition to but may overlap with any rights and remedies you may have under applicable law, including under the ACL.
This is a representation that if the goods (or part of them) are defective, the Manufacturers or suppliers will:
- repair or replace goods (or part of them)
- resupply or fix a problem with services (or part of them)
- provide compensation to the consumer.
Please refer to the relevant manufacturer’s warranty if you would like to make a claim or better yet contact our in-house Support team via email on email@example.com
Subject to this clause, and to the extent permitted by law, including under the ACL:
- all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Conditions of Sale are excluded;
- we will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, damage to goodwill, arising out of or in connection with the products, the services or these Conditions of Sale (including as a result of not being able to use the products or services or the late supply of products or services), or the need to recover, re-program or reproduce any program or data stored in or used with the products purchased from us, whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise; and
- our total liability arising out of or in connection with the products, the services or these Conditions of Sale, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the total price paid by you for the purchase of products and services under these Conditions of Sale.
Where by law we are unable to exclude terms, guarantees, warranties, representations or conditions but are able to limit them, to the extent permissible by law we limit our liability for any breach, at our option, to the repair or replacement of products, or payment of the cost of repairing or replacing the products or in the case of services, to supplying the services again or the cost of having the services supplied again.
To the extent permitted by law, any typographical, clerical or other error or omission in sales literature, quotation, price list, acceptance or offer, invoice or other documents or information issued by us will be subject to correction without any liability on our part.
You must inspect the products for any superficial damage and notify us of any such damage within 7 days of pick up. Subject to this clause, we will not accept any liability for superficial damage notified outside this 7 day period. For the avoidance of doubt, this does not limit or exclude any rights you may have under the ACL.
All warranty claims must be made prior to the end of the warranty period. Where the Terms and Conditions apply to a supply between Retailer and Customer, then claims must adopt the following procedure and requirements:
- The end-user must at its expense either deliver to, or arrange for an infield inspection from, the authorised technician from which the Product was acquired;
- The Product must be delivered to, or inspected by, the manufacturer / supplier or the within the relevant guarantee period. All warranty claims must be accompanied by the original receipt;
- If supplier / manufacturer determines that the claim is valid, supplier / manufacturer will, at its option, return the repaired Product or provide a replacement Product free of charge;
- If supplier / manufacturer determines that the claim under the warranty is not valid, supplier / manufacturer will notify the end-user which will be required to cover costs.
The supplier / manufacturer warranty will not apply where the products have been:
- stored or handled inappropriately, negligently or in such a manner as to effect performance and operational life;
- installed outside specifications and installation instructions as published by the supplier / manufacturer from time to time;
- operated outside specifications, maintenance and operating instructions as published by the supplier / manufacturer from time to time;
- modified or altered in any way not approved by the supplier / manufacturer;
- damaged from normal wear and tear;
- damaged from:
- operation at a duty point other than that specified and quoted;
- sand or abrasive materials;
- inappropriate chemicals or additives to the water including corrosive, saline or abrasive water or liquid;
- electrolytic action;
- abnormal conditions including pressure, stress or liquid temperature beyond the recommended range;
- incorrect voltage or ‘unclean’ electrical supply;
- Acts of God including but not limited to lightning strikes or high voltage spikes;
- the lack of reasonable and proper use, maintenance and repairs; or
- repairs or maintenance conducted by unauthorised persons.
The supplier / manufacturer warranty will not apply to:
- the replacement of the consumables of the Products. Consumables means but is not limited to diaphragms, mechanical seals, bearings or capacitors;
- defects caused by products, components or services that have been supplied to the supplier / manufacturer by third parties.
Pursuant to the Australian Consumer Law, this clause applies in respect of any of the Products (excluding Services) supplied under this clause which are of a kind ordinarily acquired for personal, domestic or household use or consumption. To the extent permitted by law, supplier / manufacturer’s liability for failure to comply with a guarantee that applies under the Australian Consumer Law, is hereby limited to, in the case of the Products, at the supplier / manufacturer’s option, any one or more of the following:
- the replacement of the Products or the supply of an equivalent product;
- the repair of the Products;
- the payment of the cost of replacing the Products or of acquiring an equivalent product; or
- the payment of the cost of having the Products repaired.
Issues not considered a faulty product that are neither minor nor major problems include:
- fair wear and tear of a consumable product or aspect of the product (e.g. diaphragms)
- change of mind – for example, the consumer no longer likes the colour of an item of clothing
- a defect due to abnormal use – for example, a pool cleaner is broken by being dropped.
- Manufacturers Warranty Information –
Pentair – https://www.pentairpool.com.au/36/Terms-of-use
Zodiac – https://www.zodiac.com.au/warranty-information
Astral Pool – https://www.astralpool.com.au/warranty-information
Pool Pro – https://www.poolpro.com.au/images/stories/virtuemart/product/chlorinator-poolpro-standard-model.pdf
Replacement Cartridge Filter Warranty
There are specific things you can do to maximise the life of your filter:
- Maintain the pool water chemistry in proper balance.
- Clean the cartridge in accordance with its cleaning instructions.
- Do not scrub the filter with a stiff brush.
- Do not use a high pressure hose.
- The cartridge is used to filter flocculants and not adequately cleaned after use.
- Rotate two cartridges to prolong the life of the filters considerably.
- Your filter will require replacing every 1 – 2 years
This Limited Warranty is void if:
- The filter cartridge has been subjected to alteration, neglect, misuse or abuse of the filter cartridge or filter housing, including spas and pools that are plumbed incorrectly.
- The failure is caused by accident, acts of God or other causes beyond the control of the manufacturer.
- Damage due to water freezing inside filter housing.
- Failure to maintain proper water chemistry and chemical balance.
- The use of abrasive or improper cleaning solutions or cleaning methods.
- The filter cartridge is used with in-floor pool cleaning systems.
- The cartridge is used to filter flocculants and not adequately cleaned after use.
- All cartridges under warranty claims must either be returned to Kirratech Pool Services for inspection.
These Conditions of Sale form the entire agreement between you and us.
We may change any provision in these Conditions of Sale without notice so we advise that, even if you are a frequent purchaser from us, you check these Conditions of Sale whenever you want to purchase products from us. Any change of these Conditions of Sale will only apply to future orders. None of our agents or employees or any third parties have any authority to change these Conditions of Sale.
We reserve the right to terminate our contract with you or terminate your account with us.
You must not assign any rights and obligations under these Conditions of Sale whether in whole or in part without our prior written consent.
If any provision of these Conditions of Sale is invalid, illegal or unenforceable, these Conditions of Sale take effect (where possible) as if they did not include that provision.
These Conditions of Sale are governed by the laws of Queensland, Australia. The parties each agree to submit to the non-exclusive jurisdiction of the courts of Queensland, Australia.
Please refer to our Warranty Policy on our website for guarantee and warranty information
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