Terms & Conditions
1. PRELIMINARY
These terms and conditions shall apply to all customers, including but not limited to end-users, distributors, and resellers, of i-LAN Water Solutions Pty Ltd (herein referred to as i-LAN Water Solutions) for the sale of equipment or services supplied by i-LAN Water Solutions.
i-LAN Water Solutions does not provide hardware installation services. Where an end-user asks i-LAN Water Solutions to recommend a third-party distributor and/or reseller to install water filter systems or other products, the referral is an introduction only, and i-LAN Water Solutions disclaims any responsibility for the outcome of the installation, including the costs, conditions, quality, timing, warranty for the work, and any dispute, except for the quality of the products themselves.
2. QUOTATIONS
a. Quotations are based on the customer’s requirements for i-LAN Water Solutions. They are current for fourteen (14) days, or a period otherwise specified by i-LAN Water Solutions, after which they are subject to confirmation or revision by i-LAN Water Solutions.
b. Quotations may only be accepted by the customer submitting a purchase order or other official indication of intent to purchase. Before receipt of such, i-LAN Water Solutions reserves the right to vary quotations without notice.
c. On the e-shop operated by i-LAN Water Solutions, the price list for the products constitutes a quotation, subject to the conditions described in clauses 5 and 11b.
3. CANCELLATION OR VARIATION OF ORDERS
An accepted order may only be cancelled or varied with i-LAN Water Solutions’ written consent, and giving this consent shall not prejudice i-LAN Water Solutions’ right to recover the customer’s full compensation for any loss or expense arising from such cancellation or variation.
4. PACKAGING
The goods will be supplied in i-LAN Water Solutions standard packaging.
Any alternative or additional packaging requested by the customer or deemed necessary by i-LAN Water Solutions will be charged accordingly in addition to the price quoted.
5. PRICES
Unless otherwise specifically stated, prices quoted for i-LAN Water Solutions’ goods and services do not include freight, insurance, special packaging, installation, commissioning, or maintenance costs. These prices mostly include GST (Goods and Services Tax) unless the customer will export the products, in which case the prices will be GST-free.
6. DELIVERY AND PASSING OF TITLE
Customers can pick up the products from i-LAN Water Solutions freight-free or pay a freight fee and have i-LAN Water Solutions pack the products for courier pick-up and delivery to the customer at the address stated in the purchase order.
The risk of damage to goods transfers to the customer following collection from i-LAN Water Solutions premises by the customer or any courier i-LAN Water Solutions may employ on the customer’s behalf.
Title to and property of the goods shall only pass to the customer on i-LAN Water Solutions’ receipt of all monies payable by the customer.
7. PAYMENT
a. All payments are to be made strictly in cash, in the form of or a combination of cash, credit card, mobile payment platform, etc., net against invoices, except in the event of i-LAN Water Solutions’ provision of a credit account. If any invoice covers only part of an order, the amount shall be deemed an instalment of the purchase price, not a deposit. Any minor defects of the products that might arise shall not interfere with payment. Extension of credit shall be at i-LAN Water Solutions’ absolute discretion.
b. If the customer defaults on their payment of an invoice or otherwise, and under these terms and conditions or being adjudged bankrupt or compounding with creditors, i-LAN Water Solutions shall have the right to withhold further deliveries and retain any payments already made. This shall be in addition to any right of action or remedy by i-LAN Water Solutions for the recovery of any money due for any prior breach by the customer.
c. Additionally, in the case of default, i-LAN Water Solutions may charge interest on such amount at the rate of 3% per month from 14 days after the due date for payment until the date the account is paid in full.
8. DEFECTS APPARENT ON INSPECTION.
a. The customer shall not have any claim for defects apparent on visual inspection unless:
i. The customer inspects the goods within fourteen (14) days of delivery; and
ii. A written or oral complaint specifying the shortage or defect is made to i-LAN Water Solutions within fourteen (14) days of delivery and
iii. i-LAN Water Solutions is allowed to inspect the goods and investigate any complaint before any use is made of the goods.
iv. Where the goods are located remotely, the customer shall present the defects apparent with digital photos and, if required, return the goods to i-LAN Water Solutions for inspection and determination.
b. If a complaint is not made to i-LAN Water Solutions as per paragraph 8(a) above, then the goods shall be deemed operational in all respects in accordance with the Contract.
9. WARRANTY AND LIMIT OF LIABILITY
a. Standard Warranty Period: Subject to clauses 6 and 7, i-LAN Water Solutions warrants its goods to be free from defects in materials and workmanship under normal use, service and conditions and comply with all applicable regulations. i-LAN Water Solutions agrees to make any necessary repair or replacement of defective parts or flaws in workmanship for a period of one (1) year for water filtration systems, excluding filter cartridges, commencing from the date of delivery. For the filter cartridges included in the filtration systems and those sold separately to the water filtration and RO systems, the warranty period is fourteen (14) days from the delivery date.
b.The user shall present the original invoice as proof of purchase for the warranty service. If such an invoice is not produced, i-LAN Water Solutions will treat the warranty claim based on the serial number, indicating the manufacture date, and allow for a 3-month grace period from the manufacture date. In case the serial number does not indicate the manufacture date, or if the date is outside of the period in 8(a) and the grace period, i-LAN Water Solutions reserves the right to refuse the claim for warranty repair or to charge a suitable fee for the parts and services.
c. Sometimes, i-LAN Water Solutions may hold special sales for specific products. For such items, i-LAN Water Solutions reserves the right to limit the warranty period to a shorter time or to eliminate it completely. i-LAN Water Solutions shall display and inform of the conditions for such sales, and distributors or resellers agree to accept responsibility for informing the end users of such conditions.
d. The warranty in paragraphs 9(a) above does not cover damage to the goods caused by accident, misuse, acts of third parties, environmental conditions, neglect, improper installation, improper maintenance, use of incorrect parts other than those of the filter systems, excessive water pressure, excessive water temperature, or other causes beyond the control of i-LAN Water Solutions.
e. Voluntary Extensions of the Warranty Period for Special Projects by i-LAN Water Solutions may be offered only through contractual agreements.
f. The warranty in paragraphs 9(a) above complies with the warranties and conditions implied in the Competition and Consumer Act 2010 or by applicable State Acts and Territorial Ordinances to the extent that such implied warranties and conditions are incapable of exclusion.
g. i-LAN Water Solutions’ obligations under the warranty in paragraphs 9(a) above in relation to goods and services shall be limited at i-LAN Water Solutions’ discretion to:
In the case of goods, any of the following:
i. Replacement of the goods with new, refurbished or equivalent goods;
ii. Repair of the goods;
iii. Payment of the cost of replacing the goods or of acquiring equivalent goods;
iv. Payment of the cost of having the goods repaired by a third party that i-LAN Water Solutions appoints.
In the case of services, any of the following:
i. supplying of the services again; or
ii. payment of the cost of having the services resupplied.
h. After a warranty service as described in 9(g), the remaining warranty term for the product will still be based on the original purchase and delivery dates and conditions in 9(a) and 9(b) above.
i. The customer is responsible for shipping costs and the risk of loss or damage to all returned items.
j. Where i-LAN Water Solutions responds to a complaint that is not covered by the warranty in paragraph 9(a) above, i-LAN Water Solutions reserves the right to charge the customer at its normal rates for travel, subsistence, labour and materials in carrying out any inspection and rectification.
k. i-LAN Water Solutions shall have no liability in contract, tort or otherwise, including loss of profit or contract, economic loss or injury arising consequential damage or loss.
l. i-LAN Water Solutions shall not be liable for any loss sustained by the customer through an act or circumstance beyond i-LAN Water Solutions’ reasonable control, including but not limited to Acts of God, war, blockade, riot, strike, fire, drought, flood, lightning, earthquake, storm or other elements, explosion, accident, sabotage, legislation, regulations, orders or action, governmental or quasi-governmental restraint, expropriation, prohibition, intervention, direction or embargo, scarcity, unavailability or delay in availability of or failure to obtain power supply, raw materials, labour, containers, or transportation; inability or delay in obtaining governmental or quasi-governmental approvals, consents, permits, licenses, authorities or allocations.
m. Shipping costs for warranty services are not refundable.
n. National and state standards set the maximum outlet pressure within buildings other than a fire service outlet not to exceed 500kPa, and the maximum flow rate from an outlet for a shower, basin, kitchen sink or laundry trough must not exceed 9 L/min (AS/NZS 3500.1 and AS/NZS 3500.4). The end-users and/or their reseller or plumbing contractor’s responsibility is to ensure that their residence complies with these plumbing standards for households and buildings. Water filtration systems or the filters damaged due to undue pressure or flowrate from the mains will void this warranty, and i-LAN Water Solutions may charge a suitable price for repair or replacement should such a claim be found to be due to such irregularities in the plumbing system.
o. Water filter systems are designed for in-let water at room temperature between 2 and 38 degrees Celsius; it is the end-users and/or their reseller or plumbing contractor’s responsibility to ensure that water flowing through filter systems is at a temperature between 2 and 38 degrees Celsius. Where there is a universal dispenser for hot and cold water, the end-users and/or their reseller or plumbing contractor ensure that only cold water is used for water filter systems. Water filtration systems or filters damaged by excessive water temperature will void this warranty.
p. It is the end-users and/or their reseller or plumbing contractor’s responsibility to fix the plumbing before installing the device. i-LAN Water Solutions will not be responsible for the plumbing installation costs before or after the repair
10. SPECIFICATIONS AND TECHNICAL INFORMATION
a. All specifications are approximate only and are subject to normal tolerance margins. i-LAN Water Solutions reserves the right to vary specifications without notice in light of changes in technical knowledge, production techniques, government or other regulations, consideration of safety or other reasonable causes.
b.The information contained in the websites, advertising, sales, and technical literature issued by i-LAN Water Solutions are produced for general information only, is subject to change at any time without notice at the sole discretion of i-LAN Water Solutions, and should not be relied on solely for critical decisions such as those with health or commercial implications. End-users, distributors, and/or resellers are advised to use the information provided by i-LAN Water Solutions with their responsibility for critical decisions.
c. Any product descriptions, pricing, promotions, offers, availability, illustrations, performance details, examples of installations and assembly methods and all other technical data in such literature are provided in good faith and may contain typographical errors, inaccuracies, or omissions. Accordingly, the information in i-LAN Water Solutions publications is provided for general guidance only. It does not form any part of the Contract unless expressly agreed in writing by i-LAN Water Solutions. Purchasers should obtain specific recommendations and advice from i-LAN Water Solutions regarding the uses and attributes of i-LAN Water Solutions products and services, all such advice being given and accepted at the customer’s own risk.
11. CONSTRUCTION OF CONTRACT AND GOVERNING LAW
a. The terms and conditions herein constitute the entire agreement between i-LAN Water Solutions and the customer relative to i-LAN Water Solutions’ provision of goods and/or services and supersede and take precedence over all prior agreements, understandings and negotiations relating to the goods and/or services.
b. i-LAN Water Solutions reserves the right to vary the Terms and Conditions of Trade, including but not limited to prices, quotations, etc., from time to time. If this occurs, i-LAN Water Solutions will publish the new version of the Terms and Conditions of Trade on the i-LAN Water Solutions website (www.ilanwater.com.au) and raise a news item detailing the changes for the end-users, distributors, and resellers. End-users, distributors, and resellers are expected to check these Terms and Conditions of Trade regularly.
c. The validity, interpretation and application of any quotations or contracts embodying these Terms and Conditions shall be governed by and construed in accordance with the law of the State of New South Wales, Australia
12. REFUNDABLE PERIOD
a. For all i-LAN Water Solutions products, the refundable period is fourteen (14) days from the date of delivery.
b. The refundable period will expire immediately after a breach of this Agreement or violation of applicable law by the end-users, distributors, or resellers.
c. In case a dispute between a distributor or a reseller, and any customer and the cause is found not to be due to the fault or issue of i-LAN Water Solutions products, and if i-LAN Water Solutions or our distributors or resellers are obligated to respond to a third party subpoena or other compulsory legal order or process described above, the end-users, distributors or resellers agree to reimburse i-LAN Water Solutions for reasonable attorneys’ fees, as well as the employees’ and contractors’ time and materials spent responding to the third party subpoena or other compulsory legal order or process at the then-current hourly rates.
13. DISCLAIMERS
Except to the extent prohibited by law, i-LAN Water Solutions and our affiliates and licensors disclaim all warranties, including any consequential damage or costs, implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, non-infringement, or quiet enjoyment, and any warranties arising out of any course of dealing or usage of trade.
The product and service offerings are provided “as is.” i-LAN Water Solutions and our affiliates and licensors make no representations or warranties of any kind, whether express, implied, statutory or otherwise, regarding the product and service offerings or the third-party content, including any warranty that the service offerings or third party content will be uninterrupted, error-free or free of harmful components, or that any content, including the third party content, will be secure or not otherwise lost or damaged.
14. MODIFICATIONS TO THE AGREEMENT
i-LAN Water Solutions may modify this Agreement anytime by posting a revised version on www.ilanwater.com.au. The modified terms will become effective upon posting or if i-LAN Water Solutions notifies you by email, as stated in the email.