This agreement between the renter whose name and signature appears overleaf, (the Renter) and PureWater4U Pty Ltd (PureWater 4U) sets out the terms and conditions under which the water dispenser or listed equipment referred to in the Contract/Agreement is rented to the Renter. Liability under the Terms and Conditions of this agreement shall also pass to the spouse or partner of the Renter.
2. Rental Terms:
This agreement shall be for a period as agreed and specified in the contract/agreement.
PureWater 4U will rent the water dispenser or listed equipment referred to in the Contract/Agreement for the agreed period as specified or for such period until the agreed total Contract/Agreement amount has been paid in full by the Renter.
The Renter acknowledges that for an agreed final additional payment at the end of the contract the Renter owns the equipment.
4. Rental Payments:
The Renter agrees to pay the agreed dollar amount per agreed period (weekly/fortnightly/monthly) for such period until the total agreed Contract/Agreement amount has been paid in full. Such payments shall be by Direct Debit, Credit Card or other agreed arrangements between the Renter and PureWater4U. Drawing arrangements: The first drawing under the direct debit arrangement will occur as per this Invoice/Rental Agreement specified overleaf. Where the due date falls on a non-business day, PureWater 4U will draw the amount on the next business day. We will not change the amount of frequency of drawing arrangements without your prior approval. PureWater 4U reserve the right to cancel the PureWater 4U Payment Plan drawing arrangements, if two or more drawings are returned unpaid by your nominated Financial Institution.
5. Payment Failure:
Where a first payment is missed, refused or dishonoured to PureWater4U a $10 fee will be incurred and added to the account of the Renter for such missed payment, refusal or dishonour. The Renter acknowledges that where a second payment is not received, refused or dishonoured to PureWater4U in any agreed period; that under the Terms and Conditions of this Contract/Agreement that PureWater4U shall immediately be entitled to commence proceedings to collect the full outstanding balance of the agreed Contract/Agreement amount, PLUS any payments outstanding, all legal costs plus sundry and collection costs incurred in securing payment of the outstanding debt..
The Renter agrees that PureWater4U may use and process credit card information provided by the Renter in order to recover any outstanding monies owed by the Renter to PureWater4U. We advise where legal action is undertaken to collect any outstanding balances that any such action is reportable to relevant financial institutions and credit agencies. Such action may affect your future credit rating for up to 5 years. Interest on Outstanding Debt: On all amounts remaining unpaid and outstanding; PureWater4U will charge an annual interest amount of 10% pa; calculated daily from the date of termination and/or from the date arrears commenced.
6. Payment Change:
Where the Renter requests a stop payment or alteration to payment details a $25 fee per change will be incurred and payable at the next due payment date.
The Renter may be allowed up to 2 extensions of payment, such extensions maybe added at the end of the contract and incur a $25 fee per extension payable at the next due payment.
The Renter acknowledges that the ownership of the water dispenser or listed equipment (the equipment) is retained by PureWater 4U during the period of this agreement (unless the agreed Agreement amount is paid in full by the renter plus the final payment to own; prior to Agreement expiry date). PureWater 4U shall have the right to remove the noted equipment in the event the Renter fails to abide by the terms and conditions of this agreement, fails to make agreed payments, or becomes bankrupt, insolvent, is wound up or discontinues operation. Note:Under such conditions – the Renter acknowledges and agrees that PureWater 4U shall immediately have the right to enter the Renter’s premises or premises where the equipment is located and remove the same, without notice, or being held for trespass, damage or otherwise.
8. Removal of Equipment:
The renter shall not remove or relocate the equipment from the premises where it is initially installed-unless the renter has the prior written consent of PureWater4U.
9. Equipment Maintenance:
The Renter agrees to maintain the equipment in a good and hygienic condition and to exercise all due care with respect to same for the period of the Contract/ Agreement. The Renter will be responsible for any replacement, maintenance costs or repairs for any damage incurred by the Renter due to negligence and which is not included under warranty or where such negligence negates Warranty Terms & Conditions.
The equipment maintenance and servicing requirements for each model may vary from time to time with a minimum interval 6 months for basic servicing of the units including filter change. It is the responsibility of the owner to ensure that correct servicing has been conducted and that all terms & conditions have been complied with at all times.
10. Filters, Spare Parts:
Any additional filters required by the Renter will be charged at the current retail price plus GST and Freight (where applicable) unless a Filter/Maintenance program has been taken by the Renter or provided by PureWater4U..Any spare parts where “not” covered by warranty will be supplied by PureWater4U at current retail price plus GST.
11. Exclusive Usage:
The Renter agrees that the equipment shall be used solely in accordance with the directions of PureWater 4U or its Distributors.
12. Termination of Contract/Agreement:
The Renter agrees and acknowledges where either the Renter or PureWater4U terminate the Contract/Agreement that the Renter will immediately become liable for payment in full of the agreed total Agreement price of the listed equipment (less amounts already paid) plus any and all outstanding fees, charges, legal, repair and collection costs where applicable.
PureWater4U will assign a Standard 12 month Manufacturers Replacement Warranty that applies on parts for the first year of the Contract/Agreement to the Renter. A further 1,2,3 or 4 year Manufacturers Warranty will be provided on Compressor (where applicable) dependant on type of equipment.. Such Warranty shall be noted on the front of this agreement and shall be subject to Equipment Maintenance Conditions as per Paragraph 9.
PureWater4U does not undertake any guarantee on the equipment performance as detailed by the Manufacturer. PureWater4U shall not undertake any liability where the agreed equipment may not perform to Manufacturers specifications.
This warranty does not cover the cost of:
- Installation and delivery fees or correcting the installation of your appliance, instruction on the use of your appliance, connection/disconnection of house fuses or correct wiring or plumbing and out of warranty servicing.
- Damage to appliance(s) cause by accident, misuse, fire, water damage or rust cause by abrasion, scratching or other physical damage. Note – Internal or External transport damage must be reported within 7 days of delivery.
- Service where, travel time, freight or transport of goods requiring service from areas outside of those, which are serviced by PureWater4U or it’s appointed Service partners.
- Damage/Repairs, resulting from repair work carried out by other than Authorised Services personnel or from the use of other than genuine PureWater4U Spare Parts or from the use of the appliance in a manner other than the use for which it was specifically designed.
- Damage caused by vermin, insects or pests.
- Failure to maintain the product as per the equipment maintenance section 9 of these terms and conditions.
- Internal or External damage as a result of excessive use of cleaning products or cleaning agents.
- Damage caused by power outages, electrical power surge or improper supply voltage via connection to Supply Authority mains or alternative supply systems.
- Damage or blockages caused by foreign objects e.g. coins, underwire, nails, buttons or jewellery, vermin or insects.
- Any consequential loss due to appliance failure.
- Repairs to parts or systems caused by unauthorised modifications made to the appliance.
- Defects caused by neglect, incorrect application, abuse or by accidental damage to the appliance.
DIY Installation Warranty: If the product has been installed as DIY, a supply part only warranty will apply. Parts only will be supplied free of charge on the return of the faulty part and the owner will be responsible for all labour charges incurred for the part to be fitted by a qualified person. Labour warranty as prescribed in the following table is void in this situation.
14. Your rights:
The Renter is entitled to quiet enjoyment of the equipment during the Agreement period for such time as the Renter adheres to the Terms & Conditions of the Agreement You may terminate the PureWater 4U Payment Plan drawing arrangements at any time by giving 15 days written notice to PureWater 4U prior to the date of change. Where such action is undertaken the full balance of the contract will become payable as per Paragraph 12.
You may make a maximum 2 “stop payment” changes under the PureWater 4U Payment Plan by giving 15 days written notice prior to the date of change. In this situation you must make alternative payment arrangements as per this agreement. Such changes incur a $25 fee per change.
Any further “Stop Payment” orders will deemed a breach in the Terms & Conditions of the Agreement.
You may request a change to the drawing amount and/or frequency of the PureWater4U Payment Plan drawing by contacting us and advising your requirements no less than 15 business days prior to the payment date. Where you consider that a drawing has been initiated incorrectly (outside the PureWater 4U Payment Plan arrangements) you should take the matter up directly with PureWater 4U.
15. Your Obligations:
16. Cooling off Period:
- It is your obligation to ensure that sufficient funds are available in your nominated account for each and every payment date to allow a direct debit payment to be made in accordance with the Direct Debit Request as authorised by you as per this Agreement
- If there are insufficient clear funds in your account to meet a direct debit payment, you may be charged a fee by your Financial Institution and will be charged a $10 fee by PureWater4U;
- You should ensure that where we notify you that we shall reattempt the direct debit, sufficient cleared funds must be available to enable the direct debit to be processed; where such process again fails a further $25 fee shall be charged.
- To provide accurate personal and financial institution information for the Agreement. Where such information has proven to be false then such shall be deemed a breach in the Terms & Conditions of this Agreement and legal proceedings maybe commenced by PureWater4U for the remaining Contract/Agreement balance.
- It is your obligation to ensure that the authorisation given to draw on the nominated account is identical to the account signing instruction held by the Financial Institution where the account is based.
- It is your obligation to advise us if the account nominated by you to receive the PureWater 4U Payment Plan drawings is transferred or closed. Where such is not advised then such shall be deemed a breach in the Terms & Conditions of this Agreement and legal proceedings maybe commenced by PureWater4U for the remaining Contract/Agreement balance.
- It is your obligation to arrange with us a suitable alternative payment method if you wish to change the PureWater 4U Payment Plan.
- Should a payment be returned unpaid to PureWater 4U by a financial institution for any reason, including insufficient funds, account closure, payment stopped and incorrect bank account details, any and all fees charged by our bank or yours will be debited to your account and paid by you.
- It is your responsibility that your nominated account can accept direct debits. (Your financial institution can confirm this).
- Where this Agreement is executed by a Company – the named Guarantor will become liable for any default and/or outstanding debts owed to PureWater4U by the company
Where this contract is secured via a direct approach from us to you, this contract is then subject to a 10 day cooling off period. A cooling off period is a period of time that gives you time to reconsider whether or not you wish to continue with the rental Agreement. Before the cooling off period ends, you may decide not to rent the equipment. If you decide not to rent the equipment, you may end the contract by giving written notice to PureWater 4U. The written notice must be given to PureWater 4U before the 10 day cooling off period ends, any request for cancellation outside the cooling off period will not be accepted and this contract shall remain valid for the entire rental period as specified and the full Contract/Agreement value will become due and payable immediately. The cooling off period starts on the day this agreement is completed and signed by you. PureWater 4U is under no obligation to supply or install equipment during the cooling off period. Such cooling off period is not applicable where you have approached PureWater4U to rent/purchase the agreed equipment.
17. Application for Credit:
In reference to the privacy Act 1988 you have agreed that PureWater 4U may obtain a consumer and commercial credit report containing information about you to a credit reporting agency or credit provider for the purpose of assessing your application for consumer and commercial credit. PureWater 4U has the right to proceed with debt collection action where 2 repayments are refused or rejected by your Financial Institution rental repayments.
18. Clause permitting claim of collection costs:
The Renter hereby agrees to pay to PureWater4U all costs and expenses (including installation of equipment, recovery of equipment, repairs to any machinery damage, replacement costs of filters used, collection agency costs, legal costs) incurred by the supplier in exercising any of its rights and remedies under this agreement, and without limiting the generality hereof, any costs and expenses howsoever incurred arising from the late payment or non payment by the applicant; in addition to the “total” agreed contract purchase price. Jurisdiction for any legal action shall be in the area of the principal office of PureWater 4U.
19. Purchase Terms – Option:
Provided that the Renter has made all Rental Payments, the ownership and Title of the water dispenser or listed equipment shall pass to the Renter upon payment of the agreed and shown final payment amount.
The customer acknowledges that PureWater 4U is under no liability for any loss, death of any person, injury or damage (including consequential loss, injury or damage suffered or caused as a result or arising out of any act or omission whether negligent or otherwise) by PureWater 4U, its servants and agents or by the Renter in relation to the use of any equipment provided by PureWater4U to the Renter. The Renter will indemnify PureWater 4U against any claims made against PureWater 4U by any third party in respect of any such loss; injury or damage.Each agreement will be governed by the Law of Queensland and the parties submit to the jurisdiction of the Court of that State. These terms and conditions of agreement may change without notice; however the customer shall be duly notified in writing by PureWater 4U.