Scroll Top
Terms & Conditions

Protex Water Pty Ltd trading terms and conditions


These Terms, as amended or replaced from time to time, apply to all Goods and/or Services supplied or to be supplied to the Customer, or any third party on the Customer’s behalf, notwithstanding any provision to the contrary which may appear in an order form, purchase order or other communication issued by the Customer.

1. DEFINITIONS
  • 1.1 Credit Application Form means a credit application form in a form nominated by Protex Water from time to time.
  • 1.2 Customer means the person or other entity to whom a Quotation is addressed.
  • 1.3 Delivery Date means the delivery date as detailed in a Quotation, as otherwise agreed in writing with Protex Water or, failing same, within a reasonable period as determined by Protex Water.
  • 1.4 Force Majeure Event means an event beyond the reasonable control of Protex Water including, but not limited to, strikes, fires, explosions, flood, riot, lock-out, injunction, interruption of transportation, accidents, war, pandemic, governmental action or other circumstances beyond Protex Water’s control.
  • 1.5 Goods means the goods the subject of an Order.
  • 1.6 GST means the goods and services tax under the Goods and Services Act 1999 (GST Act) and terms used in these Terms have the meanings contained in the GST Act.
  • 1.7 Insolvency Event means (a) a receiver, receiver and manager, administrator or liquidator being appointed to the Customer, (b) an application made for the Customer to be wound up, dissolved or administered, (c) the Customer entering into any arrangement, compromise or assignment for the benefit of creditors, (d) the Customer ceasing, suspending, or threatening to cease or suspend the conduct of all or material part of its business, or dispose of or threaten to dispose of a material part of its assets, (e) the Customer being, or under legislation is presumed or taken to be, insolvent, (f) any form of legal process being levied or enforced against the Customer or its assets and not discharged or stayed within 14 days, or (g) a security interest becoming enforceable or being enforced.
  • 1.8 Order means the acceptance of a Quotation (verbal or written) in whole or in part by the Customer.
  • 1.9 PPSA means the Personal Property Securities Act 2009.
  • 1.10 Premises means the property and delivery location nominated by the Customer where the Goods are to be delivered.
  • 1.11 Price means the amount detailed in a Quotation for the supply of Goods and/or Services the subject of a communicated Order.
  • 1.12 Protex Water means Protex Water Pty Ltd (ABN 61 674 186 120) of 70 Technology Close, Corio, Victoria, 3214.
  • 1.13 Quotation means a written quotation, estimate, proposal (or similar) issued by Protex Water to the Customer.
  • 1.14 Services means the services the subject of an Order.
  • 1.15 Terms means these terms and conditions.
  • 1.16 Website means www.protexwater.com.au.

2. ACCEPTANCE OF A QUOTATION IS BINDING
  • 2.1 These Terms, together with a Quotation and an accompanying Order, constitute the entire contract between Protex Water and the Customer (Contract). To the extent of an inconsistency between:
    • (a) these Terms and a Quotation, the terms of the Quotation shall prevail (unless expressly otherwise provided for in these Terms); and
    • (b) a Quotation and an Order, the terms of the Quotation shall prevail (unless expressly otherwise provided for in these Terms).
  • 2.2 No communication (written or verbal) between Protex Water and the Customer shall modify or vary these Terms unless such modification or variation is in writing and signed by Protex Water.
  • 2.3 If the Customer constitutes more than one person, these terms and conditions bind each of them jointly and severally.
3. PLACING ORDERS & DEPOSIT/PROGRESS PAYMENT REQUIREMENTS
  • 3.1 Each Order placed by the Customer in response to a Quotation received will be considered valid when placed verbally or in writing.
  • 3.2 Any person who places an Order on behalf of a Customer warrants that he/she is duly authorised to do so and that, by placing an Order, the Customer is deemed to have read and understood these Terms.
  • 3.3 All prices are based on taxes and statutory charges current at the time a Quotation is provided. Should these vary from the date of a Quotation and the date an Order is placed, the difference will become the responsibility of the Customer.
  • 3.4 Protex Water may agree to provide, on request from the Customer, additional/alternate Goods and/or Services not included in a Quotation or Order. In such an event, Protex Water shall be entitled to increase the Price for the Goods and/or Services.
  • 3.5 Subject to the matters detailed in clause 11, unless otherwise specified in the Quotation, the Customer must pay to Protex Water:
    • (a) on placing an Order a deposit sum equal to 30% of the Order Price (Deposit);
    • (b) on being notified by Protex Water that manufacture/production of Goods the subject of an Order is scheduled to commence, the Customer must pay to Protex Water a progress payment equal to 30% of the Order Price (Progress Payment);
    • (c) not less than 14 business days prior to the scheduled delivery date of Goods the subject of an Order, the Customer must pay to Protex Water:
      • (i) in the case where Protex Water is not required to install or commission Goods the subject of an Order, the balance of the Order Price, being 40% of the Order Price; or
      • (ii) in the case where Protex Water is required to install or commission Goods the subject of an Order, a further progress payment equal to 35% of the Order Price (Further Progress Payment); and
    • (d) in the case where clause 3.5(c)(ii) applies, on completion of installation or commissioning (as the case maybe) of Goods the subject of an Order, the Customer must pay to Protex Water the balance of the Order Price, being 5% of the Order Price, provided always that in the case where installation or commissioning (as the case maybe) of Goods the subject of an Order is delayed for more than 90 days due to a Force Majeure Event, the Customer must pay to Protex Water the balance of the Order Price, being 10% of the Order Price, 90 days after the delivery date of Goods the subject of the Order.
4. PRICE
  • 4.1 A Quotation provided by Protex Water shall expire 30 days (or such other date as specified in the Quotation) after the date the Quotation is provided however Protex Water reserves the right to vary any Price quoted by Protex Water prior to any Order being placed.
  • 4.2 Subject to other rights under these Terms, Protex Water may revise the Price which are the subject of an Order, at any time after that Order was placed, to take into account any rise in costs to Protex Water in supplying the Goods and/or Services the subject of that Order, after the date that Order was placed, or as a result of any additional product or work which Protex Water determines is required in order to fulfil the Order, and in that case, Protex Water will notify the Customer of the revised Price as soon as practicable after Protex Water becomes aware of the rise in costs to Protex Water.
  • 4.3 Protex Water reserves the right to change the Price in the event of a variation to an Order.
  • 4.4 Unless otherwise provided for in an Order all delivery costs and charges associated with ordered Goods shall be payable by the Customer in addition to the Price.
5. CONTRACT VARIATION
  • 5.1 Protex Water may agree to, but is not obliged to, a variation to a Contract requested by the Customer. Any agreement is subject to the Customer agreeing to and accepting any Price variation (to include, but not be limited to, all additional costs to be charged or incurred by Protex Water) identified by Protex Water as a consequence of the proposed variation (Price Variation). In such a case, the Customer agrees to and acknowledges that the Contract shall be so varied, which shall include the Price Variation.
  • 5.2 In the event a Contract is varied in accordance with this clause, in addition to Protex Water’s other rights as provided for in these Terms, it shall not be liable, in any way, to the Customer for any delay caused to the Delivery Date as a consequence of such variation.
6. ABILITY TO SUPPLY
  • 6.1 Any obligation of Protex Water to supply Goods and/or Services is subject to its ability to secure supply of the Goods and/or provision of the Services.
  • 6.2 Protex Water shall not be liable in any way for failure to deliver the Goods and/or Services within the stated time and the Customer may not reject the Goods and/or Services on account of such failure to deliver within the stated time.
  • 6.3 Protex Water shall not be liable for any failure to supply or deliver the Goods and/or Services due to a Force Majeure Event.
  • 6.4 If for any reason Protex Water is unable to perform its obligations under a Contract, then Protex Water may at any time by notice in writing to the Customer cancel the Order whereupon the Contract will be at an end and neither party will have any claim against the other.
  • 6.5 To the extent services are provided by a Protex Water authorised service agent, that supply shall be solely governed by the terms of engagement between that authorised service agent and the Customer.
7. DELIVERY OF GOODS
  • 7.1 Delivery of, and transfer of risk of loss and damage to, Goods to the Customer shall be deemed to take place upon Protex Water making the Goods available for collection by the Customer Ex Works (unless other terms of supply have been agreed and accepted by Protex Water in writing). Protex Water shall not be responsible for any loss or damage to Goods in transit or otherwise once they have been delivered to the Customer.
  • 7.2 Where applicable the Customer has not made or notified Protex Water of arrangements for delivery, the Customer hereby authorises and requests Protex Water to nominate a carrier to take delivery of the Goods from Protex Water on behalf and at the risk of the Customer for carriage to the Customer or as the Customer directs. Arrangements for insurance of the Goods are the responsibility of the Customer. Where Protex Water nominates a carrier on behalf of the Customer, all freight and other carriage charges will be billed to the Customer.
  • 7.3 The Customer represents that it is either the owner of the Premises or has authority of the Premises owner for delivery of the Goods to or at the Premises.
  • 7.4 Delivery of the Goods shall be deemed to be complete when the Goods are collected by the Customer or are delivered to the Customer to the Premises or to the carrier as nominated by Protex Water and/or Customer.
  • 7.5 The Customer shall ensure that, for the purposes of delivery:
    • (a) all relevant areas at the Premises, including all entrance/access points, will safely accommodate delivery of the Goods; and
    • (b) the Customer (or a representative nominated by the Customer) shall be present at the Premises at all times during delivery of the Goods, shall ensure that adequate instruction is provided to Protex Water in connection with the precise location and position of the Goods to be delivered, and shall sign all documents as required by Protex Water evidencing delivery of the Goods to the Customer.
  • 7.6 In the event that Protex Water is unable to, in its reasonable opinion, safely deliver the Goods at the Premises, the Customer (or a representative nominated by the Customer) is not present at the Premises at all times during delivery of the Goods, or if for whatever reason Protex Water is unable to deliver the Goods at the Premises, the Customer must nominate an alternate delivery time and address. In all such cases, the Customer shall be liable to Protex Water for all additional delivery, storage, handling and associated costs and expenses incurred as a result and as advised by Protex Water.
  • 7.7 The Customer is responsible for ensuring that the Goods are secured at the Premises and warrants that it will be solely responsible for any loss, damage or theft of the Goods delivered by Protex Water to the Premises.
  • 7.8 Protex Water shall not be liable for any delay in the delivery of Goods due to matters beyond its control or a failure of the Customer to comply with these Terms including, but not limited to, any claim, damage, cost or expense arising or resulting therefrom, and the Customer shall indemnity and hold harmless the Supplier in such a case.
  • 7.9 Nothing in these Terms shall affect Protex Water’s right to exercise its own judgment and to utilise its skills as it considers most appropriate in order to achieve compliance with its obligations under the Contract.
8. CLAIMS FOR DEFECTIVE/INCORRECT DELIVERED GOODS
  • 8.1 The Customer must, on delivery of the Goods to the Premises, check:
    • (a) that the Goods match the specifications set out in the Order;
    • (b) whether the Goods are damaged or defective; and
    • (c) the quantity of the Goods delivered against the quantity due to be supplied.
  • 8.2 Protex Water will not be required to consider any claim by the Customer in respect of any of the matters referred to in clause 7.1 or any other claim in respect of any delivered Goods, and the Customer will be deemed to have accepted the Goods as having been supplied:
    • (a) in good condition;
    • (b) in accordance with the Order for the delivered Goods; and
    • (c) with no shortages;
      unless the Customer gives Protex Water written notice of the damage, defect, shortage or other claim within 7 days after delivery of the Goods.
9. CUSTOMER RESPONSIBLE FOR LEGAL REQUIREMENTS ASSOCIATED WITH GOODS DELIVERED/INSTALLED
  • 9.1 The Customer acknowledges and agrees that:
    • (a) Protex Water’s responsibility concerning an Order is, unless otherwise stated in the Order, limited to the supply and delivery of the Goods the subject of that Order; and
    • (b) the Customer shall be solely responsible to determine and satisfy all legal (and other) requirements that exist with respect to the approval, installation, erection and use of the Goods at the Premises (including, but not limited to,
      • (a) obtaining and complying with all relevant council, EPA, building (or similar) permit or permits,
      • (b) the undertaking of any necessary preparation and/or ground works, and
      • (c) the installation of any concrete footings, slab or similar, and that the Customer shall engage all necessary third parties in order to meet those requirements.
  • 9.2 In the event that Protex is willing and able to deliver Goods the subject of an Order but the Customer is unwilling or unable to take delivery of Goods (for whatever reason):
    (a) the Customer shall be liable for all reasonable storage costs at Protex Water’s usual rates in respect of such Goods payable on demand; and
    (b) in the case where a delay to the Delivery Date exceeds 60 days, Protex Water may regard such delay as a wrongful repudiation of the Contract, elect to accept same as bring the Contract to an end and entitling Protex Water to sell the Goods in any manner determined by it and to recover from the Customer all loss and damage suffered by Protex Water as a consequence.
10. PAYMENT, TITLE & THE PPSA
  • 10.1 Goods are at the Customer’s risk from collection or delivery but title in Goods supplied to the Customer will not pass to the Customer until all monies owing with respect to those Goods, together with all other monies owing by the Customer to Protex Water, has been fully paid. Until such time the Customer has custody of the Goods as fiduciary agent and bailee of Protex Water.
  • 10.2 Until Goods have been paid for in full the Customer:
    • (a) must safely store and properly cover/protect the Goods to avoid any exposure to damage;
    • (b) must store the Goods in such a manner as to show clearly that they are the property of Protex Water;
    • (c) must keep all Goods insured against theft, damage, and destruction (and if the Customer fails to insure the products, Protex Water may do so and invoice the Customer for the cost of insurance); and
    • (d) the Customer agrees not to sell, assign, charge or otherwise encumber or grant any interest over any obligations which any third party may owe to the Customer as a result of the use or resale of the Goods.
  • 10.3 If any payment (including by way of cheque) proffered by the Customer, or by any third party in payment of the Price, is dishonoured, Protex Water may treat the dishonour as a repudiation of the Contract and elect to terminate the Contract in which case Protex Water is entitled to compensation for all loss or damage suffered by Protex Water as a consequence.
  • 10.4 The Customer irrevocably authorises Protex Water at any time, to enter the premises upon which the Goods are stored to enable Protex Water to (a) inspect the Goods, or (b) to retake possession of the Goods where the Customer has breached these Terms.
  • 10.5 The Customer acknowledges that the PPSA applies to all transactions pursuant to these Terms (or otherwise) and grants a security interest in all present and after acquired Goods as security for all monies now and in the future owing by the Customer to Protex Water.
  • 10.6 The Customer agrees to do all such things and sign all such documents as are necessary and reasonably required to enable Protex Water to acquire a perfected security interest in all Goods supplied, and to provide such information as is required to enable registration of a Purchase Money Security Interest (PMSI) under the PPSA.
  • 10.7 The Customer acknowledges that a PMSI is granted in priority to all other creditors by the Customer in favour of Protex Water and in all Goods that are supplied from time to time as security for the Customer’s obligations to Protex Water.
  • 10.8 The Customer indemnifies Protex Water for any liability for any costs of registration, maintenance, enforcement or discharge or security interest and such other costs and expenses as Protex Water may incur.
  • 10.9 The Customer agrees to waive or exclude such sections of the PPSA as Protex Water may require, subject to those sections being capable of exclusion. Without limiting the operation of this requirement, if Chapter 4 of the PPSA would otherwise apply to the enforcement of a security interest, the parties agree that each of the provisions of the PPSA which section 115 of the PPSA permits parties to contract out of, other than Sections 117, 118, 123, 126, 128, 129 and 134(1) of the PPSA, are contracted out of.
11. CREDIT FACILITY
  • 11.1 Customers are either a Non-Account Customer or an Account Customer.
    Non-Account Customers
  • 11.2 A Non-Account Customer must make full payment of the Price in accordance with clause 3.5 (unless Protex Water has otherwise agreed in writing).
    Account Customers
  • 11.3 Unless otherwise specified in the Quotation, an Account customer must make full payment of the Price in the manner detailed in clause 3.5 save that the payments detailed in clause 3.5(b) to clause 3.5(d) shall be due and payable within 30 days of the end of month from the date of issue of invoice by Protex Water for each such payment.
    Credit
  • 11.4 A Customer may apply to become an Account Customer by completing and providing to Protex Water a Credit Application Form.
  • 11.5 The Customer acknowledges and agrees that these Terms comprise and form part of the Credit Application Form.
  • 11.6 Credit will only be granted at the sole discretion of Protex Water and the Customer acknowledges that Protex Water has no obligation to provide or continue to provide any credit facility to the Customer. The Customer is not entitled to any credit facility until it receives written notification from Protex Water to that effect and Protex Water may, at any time, reduce, vary or terminate any credit facility. Any credit limit or other term that may apply from time to time in respect of any credit facility does not constitute a provision of these Terms or any Contract between Protex Water and the Customer.
  • 11.7 Without limiting the above:
    • (a) where a credit facility has been granted, Protex Water may, at any time, notify the Customer of the terms upon which the credit facility shall continue to operate and apply, including terms concerning the payment of deposit amounts and progress payment amounts; and
    • (b) Protex Water reserves the right to reduce, vary or terminate withdraw any credit facility upon any breach by the Customer of these Terms, any Contract between Protex Water and the Customer, or upon the Customer becoming subject to an Insolvency Event).
  • 11.8 In the event that Protex Water reduces, varies or terminates any credit facility, the Customer agrees that any and all monies owing on account to Protex Water shall become immediately due and payable.
12. WEBSITE – CONDITIONS OF USE
  • 12.1 The Website identifies Goods and Services offered by Protex Water from time to time. All purchases of Goods and/or Services from Protex Water via the Website are subject to these Terms.
  • 12.2 All content included in or made available through the Website such as text, graphics, logos, images, audio clips, digital downloads and data compilations is the property of Protex Water or its content suppliers and is protected by Australian and international copyright and authors’ rights laws and (where applicable) database right laws.
  • 12.3 Other than in accordance with these Terms, a person (including a Customer) may not copy, extract and/or re-utilise any content of the Website without Protex Water’s written consent.
  • 12.4 Protex Water disclaims, and does not make, any representation or warranty of any kind in respect of the Website, including without limitation any representation or warranty that it is (or they are) free of viruses or other harmful components, that the Customer’s use of the Website will be uninterrupted or error-free, or as to the suitability or availability of the Website. Protex Water will not be responsible for losses arising from the unavailability of, or the Customer’s inability to use the Website, or any other loss or damage of any kind whatsoever including without limitation, any indirect or consequential loss (including loss of profits, business, revenue, opportunity, goodwill, or loss arising from any failure, breakdown, defect or deficiency in the Website) even if due to the negligence of Protex Water.
  • 12.5 The Customer releases Protex Water and its agents to the fullest extent permitted by law from any and all claims arising out of or related to the use of material or information made available through the Website.
  • 12.6 Protex Water reserves the right to cease providing, change or alter any service or function under the Website at any time. A Customer’s access to the Website may be suspended, restricted or cancelled at any time at the sole discretion of Protex Water including, but not limited to, for necessary business operational reasons.
13. GOODS AND SERVICES TAX
  • 13.1 The Customer acknowledges and agrees that, to the extent that the supply of Goods and/or Services by Protex Water to it is subject to GST, the Customer shall, unless the Price expressly states that GST is included, pay an additional amount to Protex Water equal to GST with respect to such supply. Additionally, the Customer must pay to Protex Water all other charges, duties, imposts, taxes and similar amounts payable in relation to the supply of all Goods and/or Services by Protex Water to the Customer.
  • 13.2 Protex Water shall deliver to the Customer a tax invoice for the supply of all Goods and/or Services in a form which complies with the GST Act.
14. DEFAULT
  • 14.1 The Customer is not entitled to defer, offset or withhold payment in whole or in part for any reason unless agreed to by Protex Water in writing.
  • 14.2 If at any time any monies are overdue, then at the option of Protex Water all monies (including any account balance pursuant to a credit facility granted to the Customer) shall become immediately due and payable by the Customer.
  • 14.3 Protex Water may charge interest on all overdue accounts calculated on a daily basis until paid in full at the rate prescribed by the Penalty Interest Rates Act 1983 and to charge for any expenses incurred in collecting or attempting to collect any overdue monies, including all administrative costs, debt collector’s expenses and/or legal costs incurred, or to be incurred.
  • 14.4 Protex Water may charge an administration fee for any payment made by credit card and the amount to be charged will be advised to the Customer.
  • 14.5 A certificate signed by an authorised representative of Protex Water shall be prima facie evidence of the amount of indebtedness of the Customer to Protex Water at that time.
  • 14.6 The Customer is liable to pay to Protex Water and Protex Water may recover in full from the Customer all costs, expenses and disbursements incurred and/or payable by Protex Water (including debt collection agency fees and legal costs of a solicitor and own client basis) arising from or as a result of Protex Water’s exercising or enforcing or seeking or exercise or enforce a right under these Terms, and in particular, in collecting or attempting to collect amounts due to Protex Water. Such costs, expenses and disbursements may be recovered by Protex Water from the Customer as a liquidated debt. Protex Water may apply payments received from the Customer firstly to any costs, expenses and disbursements, then to interest and then to other amounts owed by the Customer.
  • 14.7 The Customer shall have no right of set-off in any claim or proceeding brought by Protex Water against the Customer for any default in payment and the Customer acknowledges that Protex Water may produce these Terms in any claim by the Customer for set-off.
15. FITNESS FOR PURPOSE
  • 15.1 The Customer must ensure that the Goods are suitable for their intended purpose and warrants and represents that the Goods, the subject of an Order, are both suitable for their intended purpose and shall conform with all legal requirements associated with that intended purpose.
  • 15.2 The Customer is responsible to ensure that Protex Water is made aware in writing of any specific requirements pertaining to the Goods prior to any Order placed (including, but not limited to, any site specific conditions such as water quality and type). The Customer acknowledges that Protex Water will rely on all such specific requirements in the design, manufacture and supply of the Goods and that Protex Water shall not be liable for any damage, loss or injury suffered as a consequence of any inaccurate or insufficient information concerning such requirements as provided by the Customer.
  • 15.3 Protex Water shall not be bound by nor be responsible for any term, condition, representation or warranty other than that which is expressly stated in the Quotation the subject of the Goods, and the Customer acknowledges and agrees that it has not relied on, nor will it rely on, any representation or warranty with respect to the merchantable quality, description, quality, suitability or fitness for purpose of the Goods unless expressly provided for in the Quotation.
  • 15.4 Protex Water may replace branded or unbranded components, comprising all or part of Goods the subject of an Order (including components detailed in specifications set out in the Order), with alternate replacement components provided that, in doing so, the replacement components are reasonably suitable for their intended purpose and shall conform with all legal requirements associated with that intended purpose.
  • 15.5 The Customer must inspect the Goods on delivery to ensure that the Goods conform to the Customer’s requirements. Protex Water shall not be liable for any shortage, discrepancy, defect, incorrect specification, unsuitability (or similar) unless the Customer has notified the Suppler within 7 days of delivery.
  • 15.6 Protex Water shall not be liable for damage, loss or injury suffered as a result of any person failing to follow instructions relating to Goods, modifying the Goods, failing to appropriately maintain, service or store them or using them for a purpose not disclosed to Protex Water in writing in accordance with these Terms.
16. LIMITATION OF LIABILITY
  • 16.1 The only conditions, guarantees and warranties which are binding on Protex Water in respect of the state, quality, condition, suitability or fitness of the Goods and/or Services are those imposed and required to be binding by statute (including the Australian Consumer Law) which cannot be excluded. All other conditions, guarantees and warranties whether express or implied by law in respect of the state, quality or condition of the Goods and/or Services which may apart from this clause be binding on Protex Water are hereby expressly excluded.
  • 16.2 Subject to clause 16.5, to the extent permitted by law, the liability, if any, of Protex Water arising from the breach of such conditions, guarantees or warranties shall, at Protex Water’s option, be limited to and completely discharged by the replacement or repair by Protex Water (in the case of Goods, the re-supply by Protex Water (in the case of Services), or the granting of credit in favour of the Customer up to the value of the Goods and/or Services.
  • 16.3 The parties exclude liability for any indirect or consequential loss (including loss of profits, business, revenue, opportunity, goodwill, or loss arising from any failure, breakdown, defect or deficiency in the Goods and/or Services).
  • 16.4 In the event that Protex Water replaces a component comprising only a portion of Goods supplied under warranty, that replaced component (but not the remaining portion of Goods supplied) shall be the subject of a new warranty period applying.
  • 16.5 In all cases the total liability of Protex Water under or in connection with an Order shall be capped at an amount equal to the greater of (a) 50% of the Order Price, or (b) such other amount recovered by Protex Water under relevant insurance coverage. This limitation shall be reduced to the extent caused or contributed to by fraud, deliberate default, or reckless misconduct by Protex Water.
17. TERMINATION AND CANCELLATION

Cancellation by Protex Water

  • 17.1 Without limiting other rights provided for in these Terms, Protex Water may cancel any Order, or cancel delivery of Goods or supply of Services, the subject of an Order, at any time before delivery by written notice to the Customer. On the giving of such notice Protex Water shall repay to the Customer any amounts paid in respect of the Price (excluding those amounts paid on account of Goods or Services previously supplied). Protex Water shall not be liable for any loss or damage or consequential loss or damage whatever arising from such cancellation.
  • 17.2 Protex Water may cancel all or any part of any Order which remains unfulfilled and all amounts owing to Protex Water by the Customer shall, whether or not due for payment, become immediately payable in the event that (a) any monies due and payable to Protex Water become overdue, or (b) the Customer becomes subject to an Insolvency Event.
    Cancellation or delay by Customer
  • 17.3 The Customer is not entitled to cancel or delay any Order once accepted by Protex Water unless expressly agreed to by Protex Water in writing. Without limiting this provision, in the case of a Contract involving non-standard or custom manufactured Goods, it cannot be cancelled after Protex Water:
    • (a) has scheduled manufacture of such Goods; or
    • (b) has purchased the materials or components required for the manufacture of, or comprising all or some of, such Goods.
  • 17.4 In the event that the Customer (unless as permitted in accordance with these Terms):
    • (a) cancels any Order; or
    • (b) delays the agreed delivery date of Goods and/or Services the subject of an Order for a period;
      the Customer shall be required to pay to Protex Water an amount equal to 100% of the Price (less any Deposit and Progress Payments paid) for the Goods and/or Services the subject of that Order.
18. RETURNS

Goods may not be returned by the Customer to Protex Water unless agreed to by Protex Water in writing (in its sole discretion) and upon such conditions as it sees fit, prior to return of the Goods. The return of Goods is entirely at the Customer’s risk and upon the return of Goods the Customer must pay to Protex Water on demand:
(a) in the case of standard Goods, a re-stocking charge of 30% (or such other amount) of the Price of the Goods returned; and
(b) in the case of non-standard or custom manufactured Goods, a re-stocking charge of 100% (or such other amount) of the Price of the Goods returned.

19. GOVERNING LAW & JURISDICTION

These Terms shall be construed according to the laws of Victoria and all disputes arising as and between Protex Water and the Customer shall be determined by the Courts in that State.

20. INSURANCE

Protex Water shall not be required to effect insurance in relation to Goods comprising all or part of an Order. The Customer is solely responsible to effect prudent and appropriate insurance cover with a reputable insurer at its own cost and expense, and to provide evidence of same to Protex Water on demand.

21. PRIVACY
  • 21.1 Protex Water collects the personal information of the Customer to enable it to provide a Quotation for its Goods and/or Services and to provide those Goods and/or Services to the Customer. Protex Water may disclose the personal information of the Customer to third parties that assist in providing the Goods and/or Services.
  • 21.2 Where Goods and/or Services are supplied, or intended to be supplied, to the Customer on credit the Customer authorises Protex Water, its employees and agents to make such enquiries as it deems necessary to investigate the creditworthiness of the Customer including (without limitation) making enquiries with trade referees, financial institutions, credit providers and credit reporting agencies and the Customer authorises the disclosure of all such information obtained to Protex Water. Without limiting this clause the Customer agrees to:
    • (a) Protex Water obtaining a credit report containing personal credit information about the Customer;
    • (b) Protex Water exchanging information concerning the Customer with trade referees, financial institutions and/or credit providers; and
    • (c) Protex Water being provided a consumer credit report to collect all overdue payments.
22. ENTIRE AGREEMENT
  • 22.1 These Terms (and any Contract as and between Protex Water and the Customer) constitute the whole agreement made between Protex Water and the Customer. Without limiting the above, any provision contrary to the Terms which appear in an order form, purchase order or other communication issued by the Customer at any time shall be null and void and of no legal effect.
  • 22.2 These Terms can only be amended in writing signed by each of the parties.
  • 22.3 The Customer expressly waives all prior discussions, communications, negotiations and representations that may have been made by Protex Water that are in conflict with these Terms (and any Contract as and between Protex Water and the Customer).
23. GENERAL
  • 23.1 All illustrations and samples are intended as approximate representations only, and the Customer acknowledges that images of Goods made available to the Customer may present differently to the physical product. To the maximum extent permitted by law, Protex Water accepts no liability whatsoever for any loss or damage (including, without limitation, consequential loss or damage), directly or indirectly, arising out of or in connection with same.
  • 23.2 Installation and fitting of Goods by Protex Water is not included unless otherwise specifically indicated by Protex Water in writing. To the maximum extent permitted by law, Protex Water takes no responsibility for the installation and fitting of Goods other than Goods which are installed or fitted directly by Protex Water.
  • 23.3 To the maximum extent permitted by law, Protex Water shall not be responsible or liable for any liability, whether in contract, tort or otherwise, for any injury, damage or loss whatsoever arising in any way in connection with the improper installation or fitting of Goods or the use of such improperly installed or fitted Goods (by the Customer or any third party), including (without limitation) direct, indirect, special or consequential loss or damage arising from claims by the Customer, third parties or otherwise, and the Customer shall indemnify and keep Protex Water fully indemnified from and against any and all suits, actions, claims, demands, losses, liabilities, damages, costs and expenses which may be made or brought against or suffered or incurred by Protex Water arising out of or in connection in any way as a result same.
  • 23.4 In the event the scope, nature or extent of Services required to be undertaken by Protex Water changes from what was reasonably understood by Protex Water at the time of accepting the relevant Order, due to the actions or omissions of the Customer (including, without limitation, as a result of the Customer not providing required specifications or other information etc.), the Customer will be responsible for and pay for all extra costs and charges associated with the changes.
  • 23.5 In the event the Customer provides Protex Water with specifications for the supply of Goods or Services, the Customer warrants to Protex Water that the specifications and any Goods or Services supplied by Protex Water based on the said specifications will comply with all applicable laws relating to the supply of such goods and services, and the Customer shall indemnify and keep Protex Water fully indemnified from and against any and all suits, actions, claims, demands, losses, liabilities, damages, costs and expenses which may be made or brought against or suffered or incurred by Protex Water arising out of or in connection in any way with the use by Protex Water of the said specifications or the manufacture and supply of Goods or Services based on the said specifications.
  • 23.6 If the Customer is a trustee of a trust, the Customer agrees that these Terms apply to, and all Orders for Goods and Services placed by the Customer with Protex Water are placed by, the Customer in its personal capacity and as trustee of the trust.
  • 23.7 The Customer acknowledges and agrees that all intellectual property rights in Goods and Services supplied by Protex Water are owned by Protex Water and that the Customer acquires no intellectual property rights in any Goods or Services provided by Protex Water to the Customer unless a separate agreement in writing is executed by Protex Water in relation to the intellectual property rights in any Goods or Services provided by Protex Water to the Customer.
  • 23.8 If any provision of these Terms shall be declared or held to be invalid, void, illegal or unenforceable, the validity, existence, legality and enforceability of the remaining provisions of these Terms shall not be affected, prejudiced or impaired and the offending provision shall be deemed as severed from these Terms.
  • 23.9 Protex Water may assign, license or sub-contract out all or any part of its rights and obligations under a Contract at any time without the Customer’s consent.
  • 23.10 A failure by Protex Water to enforce any provision of these Terms shall not be treated as a waiver of that provision, nor shall it affect Protex Water’s right to subsequently enforce that provision.
  • 23.11 These Terms (or any part of these Terms) shall be available at the Website and may be amended, modified, added to or deleted at any time by Protex Water. Any such amendment, modification, addition or deletion to these Terms shall be legally effective from the date the amended Terms are displayed at the Website.

VERSION DATED: June 2024

This will close in 0 seconds

This will close in 0 seconds

This will close in 0 seconds