Legal

Terms and Conditions

On the submission of a Rental Agreement with Waterchoice (Aust) Pty Ltd (Waterchoice), I understand that my (the Customer) 12 month Rental Agreement (the Agreement) commences upon installation of the 5 stage reverse osmosis water filtration system (the water system). I understand that this Agreement will rollover automatically, and will continue as per the original Agreement, on an annual basis, until notice of termination is provided. Once the initial 12 month agreement has been met, 30 days notice of cancellation is required. You will be invoiced for this 30 day cancellation period. If the Customer terminates their Agreement with Waterchoice prior to the 12 month agreement being completed, the Customer will be liable to pay out the remaining term of the Agreement.

Waterchoice Price Guarantee

Renting a water system from Waterchoice comes with a price guarantee (unless otherwise agreed in writing). The fixed fee that you have agreed to pay includes free installation, free servicing, maintenance and parts, free call outs and one free relocation. If more than one relocation is required during the 12 month Agreement period, a fee may apply. Please note that a minimum of one weeks notice period must be given to schedule a relocation. If you wish to change the type of water system you have after initial installation, a fee may apply, and if the Customer is outside of their initial Agreement period, a new Agreement may be required. This fixed price guarantee only applies to the water system you have agreed to hire from Waterchoice. If a Waterchoice Service Technician attends a call out at the request of the Customer, that is unrelated to the rented water system, a call out fee may apply.

Payments and debt collection

The Customer agrees to make all payments for the term of the 12 month Agreement and any extensions to the term beyond the initial 12 month period. Waterchoice terms of payment are strictly 7 days (unless otherwise agreed). If the Customer makes additional payments on their account in excess of their monthly invoice requirements, these will be added to their account in the form of a credit, unless otherwise requested.

If you fail to meet your required payments, as per the signed Agreement, you will receive correspondence from Waterchoice and given a timeframe by which final payment is required. If the Customer continues to fail to make payments as per the Agreement, the Agreement will be terminated and the water system will be collected. Debt collection and retrieval fees will apply, and legal action may commence.

Direct Debit

By agreeing to pay Waterchoice by direct debit from a credit or debit card, you are agreeing for Waterchoice to debit funds from your debit or credit card for payment of your due invoices. Direct debits are processed on the first day of each calendar month, unless otherwise requested in writing by the Customer. If your payment option declines, we will notify you in writing by email and/or text message. We will try to debit the supplied credit or debit card again within 2-3 days business days. If we are unable to debit your payment, debt collection fees may apply. It is the responsibility of the Customer to ensure direct debit payment details are current and accurate, and that funds are available. If your account is in arrears, and our attempts to contact you have been unsuccessful, we will continue to attempt to deduct funds from the supplied debit or credit card until the outstanding funds are retrieved.

Use, operation and maintenance

The Customer agrees that the use of the equipment carries with it dangers and risks of injury. The Customer agrees to accept all dangers and risks. The water system shall not be transferred to anyone other than the Customer, and shall not be relocated, uninstalled and moved to a new location without expressed permission from Waterchoice. The Customer must not deface, remove, vary or otherwise erase any identifying marks, plates, numbers, notices or safety information on the water system.

Indemnity

The Customer irrevocably indemnifies and hold harmless Waterchoice and its Personnel against any Claims or Liability suffered or incurred as a results of or in connection with:

1. any breach of this Agreement by the Customer or its Personnel;
2. any breach of law or non-compliance with any registration, licence permit, authorisation, regulation or by law relating to the use of the water system;
3. any gross negligence, fraud or wilful misconduct by the Customer or its Personnel with respect to the water system;
4. Waterchoice exercising any of its rights under this Agreement;
5. or the use, operation, control, condition, maintenance, repair or storage of the water system.

The Customer is not liable under this clause to the extent that the relevant matter was caused or contributed to by the gross negligence, fraud or wilful misconduct of Waterchoice.

To the full extent permitted by law, the Customer releases, discharges and indemnifies Waterchoice from all claims and demands on Waterchoice arising out of or consequent on the use or misuse of the equipment during the hire period, or any manufacturing faults of parts that may occur. Risk in the water system passes to the Customer upon installation and remains with the Customer until the water system has been collected by a Waterchoice Service Technician or authorised representative. The Customer will assume all risks and liabilities for, and in respect of the equipment and for all injuries to or deaths of persons and any damage to property whatsoever or arising from the Customer's possession, or use.

Loss, damage or breakdown of equipment

The Customer will be responsible for any loss or damage to the equipment irrespective of how the loss or damage occurred during the rental period (fair wear and tear is excepted.) If this occurs, you must pay Waterchoice the replacement value of the water system. If there is a breakdown of the water system, the Customer must contact Waterchoice for repairs and servicing. The Customer, or any outside parties, must not repair, or attempt to repair, the water system and all repairs must be completed by a Waterchoice Service Technician or authorised representative. All water systems have an annual scheduled maintenance period, however should the water system need repair or maintenance during that time, Waterchoice is to be advised immediately. In the event of a leak, the Customer must turn off the main water source, and notify Waterchoice immediately for assessment and repair of equipment. If the water system will be left for any extended period of time, the water system must be turned off at the water source.