Terms of Service

Premium Pool Equipment – Terms of Service

Effective Date: 01/12/2025
Business Name: Premium Pool Equipment
ACN: 692 050 669
Location: Perth, Western Australia

1. Acceptance of Terms

By accessing our website, purchasing products, requesting quotes, or engaging our installation or service offerings, you agree to be bound by these Terms of Service.

If you do not agree to these Terms, you must not use our website or services.

2. Products and Services

Premium Pool Equipment supplies swimming pool equipment including (but not limited to):

• Pool pumps

• Filters

• Chlorinators

• Heat pumps and gas heaters

• Robotic pool cleaners

• Spare parts and accessories

We may also provide installation and related services within the Perth metropolitan region.

All products and services are subject to availability.

3. Pricing and Payment

All prices are listed in Australian Dollars (AUD) and include GST unless stated otherwise.

We reserve the right to change prices at any time without notice. Price changes do not affect an order we have already accepted.

Full payment is required before dispatch of goods unless otherwise agreed in writing.

For installation services, a deposit may be required prior to booking, with the remaining balance due upon completion.

4. Late Payments and Administrative Fees

All invoices issued by Premium Pool Equipment are payable by the due date specified on the invoice.

If payment is not received by the due date, the account will be considered overdue.

Where an account becomes overdue, an administrative fee will be applied to recover costs associated with payment follow-up, internal administration, and account management.

The administrative fee structure is as follows:

• $35.00 AUD flat payment retrieval fee for all invoices

• $35.00 AUD for payment retrieval follow-up each week thereafter

This administrative fee may be added to the outstanding balance once the account becomes overdue without prior warning.

These administrative fees are set out on every invoice we issue, so they are disclosed to you before an account falls overdue.

Premium Pool Equipment reserves the right to:

• Suspend ongoing or future services

• Delay dispatch of goods

• Withhold warranty processing where lawful

• Recover reasonable debt collection costs and legal expenses associated with recovering unpaid amounts

If payment is not made when due, Premium Pool Equipment reserves the right to:

• Enter the premises where the goods are stored (to the extent permitted by law); and

• Repossess the goods without liability for any damage caused during lawful recovery.

Nothing in this clause affects your rights under the Australian Consumer Law, and we will not withhold a remedy you are entitled to under those rights because an unrelated account is overdue.

5. Installation Services

Installation services are available within the Perth metropolitan region.

Customers must ensure:

• Safe and compliant site access

• Existing plumbing and electrical systems meet regulatory standards

• Adequate space and structural support for new equipment

Electrical connections must be completed by a licensed electrician where required.

We are not responsible for pre-existing faults, non-compliant wiring, inadequate pipe sizing, poor hydraulic design, or structural defects discovered during installation.

Our installation work comes with guarantees under the Australian Consumer Law that it will be provided with due care and skill, will be fit for the purpose you told us about, and will be completed within a reasonable time. Where our workmanship causes a fault, we will put it right at our cost.

Any additional work outside an agreed quote will be discussed and approved by you before we carry it out.

6. Risk and Title

Title to goods remains with Premium Pool Equipment until payment has been received in full.

Risk passes to the customer upon:

• Collection of goods, or

• Delivery to the nominated address

Customers are responsible for ensuring goods are inspected upon delivery.

Once risk has passed:

• The customer is responsible for loss, theft, or damage;

• The customer must ensure adequate insurance coverage;

• Any claims for transit damage must be reported immediately in accordance with freight carrier requirements.

Where goods are delivered via a third-party freight provider:

• Delivery is deemed complete once goods are delivered to the address provided by the customer;

• Any authority to leave goods without signature is given at the customer’s risk;

• Premium Pool Equipment is not liable for loss or damage occurring after delivery confirmation by the carrier.

Customers must inspect goods promptly upon receipt and notify us within 48 hours of any visible damage.

The 48-hour notification helps us act quickly with the carrier. It is a request, not a condition of your rights: nothing in this clause limits the guarantees you have under the Australian Consumer Law, and until goods are delivered to you they remain our responsibility.

For installation projects:

• Risk in supplied equipment passes to the customer immediately upon installation completion;

• If equipment is delivered to site prior to installation, risk passes upon delivery to site;

• The customer is responsible for ensuring site security once goods are delivered.

If installation is delayed due to site conditions or customer request, and goods remain on-site, the customer assumes full responsibility for loss or damage.

7. Shipping and Delivery

Delivery timeframes are estimates only.

We are not liable for delays caused by:

• Freight carriers

• Supplier delays

• Weather events

• Force majeure events

Shipping insurance (if selected) is subject to carrier terms.
See our Shipping Policy page for expanded shipping and delivery information.

Nothing in this clause limits your rights under the Australian Consumer Law, including our obligation to supply within a reasonable time.

8. Returns and Change of Mind

Change-of-mind returns may be accepted at our discretion and must:

• Be requested within 30 days

• Be unused and in original packaging

• Include proof of purchase

Freight costs for change-of-mind returns are the responsibility of the customer.
Returns may be subject to restocking fees.

Special orders, installed products and custom items may not be eligible for return.
See our Refund Policy page for expanded returns information.

These conditions apply to change-of-mind returns only. Where an item is faulty, incorrect or damaged, our Refund Policy and your rights under the Australian Consumer Law apply instead, and no restocking fee is charged.

9. Manufacturer Warranty

Most products are covered by manufacturer warranties.

Warranty claims must:

• Be lodged with proof of purchase

• Comply with manufacturer specified conditions

• Relate to manufacturing faults only

Warranty does not cover faults caused by:

• Incorrect installation

• Chemical imbalance

• Freezing damage

• Power surges

• Improper use

• Normal wear and tear

Premium Pool Equipment may assist in facilitating claims but is not the manufacturer unless explicitly stated.

Our Warranty Policy is the primary source of truth for warranty cover, claims and exclusions, and prevails over this clause if the two differ. Manufacturer warranties are an additional, voluntary promise from the brand. They sit on top of the consumer guarantees you have under the Australian Consumer Law, which apply regardless of any warranty period and cannot be excluded. If a product you bought from us is faulty, contact us first and we will handle it — we will not send you to the manufacturer to sort it out yourself.

See our Warranty Policy page for expanded warranty information.

10. Australian Consumer Law

Nothing in these Terms excludes, restricts, or modifies rights granted under the Australian Consumer Law (ACL). Where any part of these Terms would otherwise do so, that part does not apply.

Under the ACL, customers are entitled to a replacement or refund for major failures and compensation for reasonably foreseeable loss or damage. For a major failure, the choice between a refund and a replacement is yours.

For minor failures, we may repair or replace the product within a reasonable time.

Where goods cannot reasonably be returned to us because of their size, weight, or because they are installed, we will arrange and pay for their collection.

11. Limitation of Liability

To the extent permitted by law:

• We are not liable for indirect, incidental, or consequential loss

• We are not liable for pool water damage, property damage, or business interruption unless caused by proven negligence

• Our liability is limited to the replacement, repair, or refund of the product supplied

Customers are responsible for maintaining proper pool chemistry and routine maintenance. Where installation services are provided, liability is strictly limited to the specific scope of work agreed in writing.

Every limitation in this clause applies only to the extent permitted by law and is subject to clause 10 (Australian Consumer Law). Where a consumer guarantee applies and cannot lawfully be excluded, our liability is limited, at our option, to replacing or repairing the goods, resupplying the services, or paying the cost of doing so.

12. Website Use

By accessing and using our website, you agree that:

• You will use the website for lawful purposes only

• You will not attempt to gain unauthorised access to any part of the website

• You will not introduce malicious code, viruses, or harmful technology

• You will not copy, reproduce, distribute, modify, or exploit website content without written permission

All website content, including but not limited to logos, product descriptions, images, graphics, layout, branding and written material, remains the intellectual property of Premium Pool Equipment unless otherwise stated.

Product specifications, descriptions, and availability may change without notice.

While we take reasonable care to ensure accuracy, we do not warrant that all website content is error-free or continuously available.

We reserve the right to:

• Refuse service

• Cancel orders

• Correct pricing errors

• Update or remove content

without prior notice. Where we cancel an order you have paid for, we will refund you in full.

13. Force Majeure

Premium Pool Equipment is not liable for any delay or failure to perform obligations where such delay or failure results from events beyond our reasonable control.

Such events include (but are not limited to):

• Natural disasters

• Flood, fire, storm, or extreme weather

• Pandemic or public health events

• Government restrictions or regulatory changes

• Supplier shortages

• Freight or shipping delays

• Power outages

• Industrial disputes

Where a force majeure event occurs, we may:

• Suspend affected services

• Extend delivery timeframes

• Cancel affected orders with a refund of payments made

without liability for additional compensation.

14. Governing Law

These Terms of Service are governed by the laws of Western Australia and the Commonwealth of Australia.

By using our website or engaging our services, you agree that:

• Any dispute arising from these Terms shall be subject to the exclusive jurisdiction of the courts of Western Australia

• You submit to the jurisdiction of those courts

• Any claims must be brought within the applicable statutory limitation periods

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

15. Amendments

We reserve the right to update these Terms at any time.

The latest version will always be available on our website.

Where a change materially affects an order you have already placed, we will give you reasonable notice and you may cancel the affected order for a full refund. The terms that apply to your order are those published at the time you placed it.