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Terms and Conditions

ACCEPTANCE OF TERMS, CONDITIONS AND DISCLAIMERS

The Babinda Springs Water website is owned and operated by Babinda Springs Pty Ltd (ABN: 78 657 254 550). By accessing or using this website you agree to these terms and conditions and acknowledge and accept the disclaimers and that you have read and understood these terms and conditions. By purchasing a product or service from this website and/or by completing the registration process, you expressly agree to be bound by these terms and conditions. Babinda Springs Water may amend these terms and conditions from time to time. Any amendment will be effective immediately upon being published on this website. Your continued use (via browsing and purchasing product) of this website after any amendment becomes effective constitutes an agreement by you to abide and be bound by these terms and conditions, as so amended.

1. DEFINITIONS

“Agreement” means the Rental Agreement Form, Delivery Docket, Website order, Phone or Fax order, or any other method of purchasing signed by the customer. All Agreements automatically incorporate these Terms and Conditions.

“Babinda Springs Waterr” means Babinda Springs Pty Ltd (ABN: 78 657 254 550), located at Cnr Howard Kennedy Drive & Clyde Road, Babinda, QLD 4861

“Bottle Charge” means an amount of $20 plus GST payable by the Customer to Babinda Springs Water for each Babinda Springs Water bottles supplied to the customer but not returned upon Babinda Springs request.

“Customer Representative” means an individual director, officer or employee of the Customer named in the Agreement.

“Equipment” means Spring Water bottle(s), Spring Water Cooler(s), Cup holder(s) and other materials rented by the Customer from Babinda Springs Water, as identified in the Agreement.

“Products” means Spring Water, cups and other consumables or products sold or rented to the Customer by Babinda Springs Water.

2. AGREEMENT

This document sets out the Terms and Conditions applicable to the Agreement between the customer (“Customer”) and Babinda Springs Pty Ltd (“Babinda Springs Water”) under which Equipment may be rented by the Customer and Products may be purchased by the Customer from time to time.

3. COMMENCEMENT DATE

The commencement date of the Agreement is the date the Agreement is signed by the Customer.

4. TERM

a) The Agreement remains in force for the minimum term (the “Term”) as stated on the Agreement or the first invoice (the “Invoice”). Subject to clause 12(e) below, at the end of the Term, the Agreement will automatically renew on the same terms and conditions (unless otherwise stated in the Agreement) until terminated by either party with thirty (30) days written notice to the other party.

b) If the Customer elects to return the Equipment prior to the end of the Term, the Customer is still liable to pay for all outstanding rentals, Invoices, reasonable overdue interest charges, reasonable debt collection fees, reasonable dishonour fees and any other reasonable charges (the “Charges”), which may apply on demand as a debt due from the Customer to Babinda Springs Water.

c) Upon termination of the Agreement, the fee for any unused Products will not be refunded.

5. OWNERSHIP

The Customer acknowledges that the ownership of the Equipment is retained by Babinda Springs Water at all times. Babinda Springs Water shall have the right to remove the Equipment in the event that the Customer fails to abide by the material terms and conditions of the Agreement, or becomes bankrupt, insolvent, is wound-up or discontinues operation. The above shall be in addition to the right of Babinda Springs Water to demand the immediate payment of the balance of the consideration due from the Customer in these circumstances.

6. EXCLUSIVE USAGE

The Customer agrees that the Equipment shall be used for the sole purpose of using and dispensing products supplied by Babinda Springs Water.

7. WARRANTY AND REPAIRS

a) Babinda Springs Water provides a full warranty on the Equipment for the duration of the Agreement and will perform without charge, all repairs necessary to keep the Equipment in good operating condition or, at its discretion, to replace it with equivalent Equipment.

b) The Customer agrees to exercise due care to protect the Equipment, and acknowledges that the warranty will be null and void and the Customer will be responsible for the reasonable cost of repair or replacement of the Equipment if the failure of the Equipment is a result of extraordinary wear and tear caused by the Customer, alteration or tampering with the merchandise parts, misuse or negligence by the Customer.

c) To the full extent permitted by law, all conditions and warranties that would be implied (by statute, general law, customs or otherwise) are expressly excluded.

d) If any condition or warranty is implied into this document under the Trade Practices Act 1974 (Cth) or under any applicable legislation, and cannot be excluded, the liability of Babinda Springs Water for breach of the condition or warranty is limited to one of the following, at the option of Babinda Springs Water:

e) in the case of goods:

(1) the replacement of the goods or the supply of equivalent goods;

(2) the repair of the goods;

(3) the payment of the cost of replacing the goods or of acquiring equivalent goods; or

(4) the payment of the cost of having the goods repaired; or

ii) in the case of services:

(1) the supplying of the services again; or

(2) the payment of the cost of having the services supplied again.

f) Subject to clause (g) below, under no circumstance is Babinda Springs Water liable to the Customer for any indirect loss or consequential loss, however it arises or for punitive or exemplary damages or for any loss of profit, loss of revenue, or loss of opportunity.

g) Babinda Springs Water acknowledges that certain laws imply terms, conditions or warranties into consumer contracts for the supply of goods or services that cannot be excluded (eg Part V Division 2 of the Trade Practices Act). Clause (f) above is not intended to exclude or restrict the application of such laws.

h) The Customer agrees to maintain the Equipment in a clean and hygienic condition and acknowledges that if Babinda Springs Water considers the Equipment to be in a substantially unclean or unhygienic condition, Babinda Springs Water reserves the right to clean and sanitise (or exchange) the Equipment on the Customer’s behalf at the Customer’s reasonable expense. Babinda Springs Water agrees to notify the Customer in advance of its intention to clean and sanitise the Customer’s Equipment and any charges which may apply.

8.REMOVING OR MOVING EQUIPMENT

The Customer agrees not to remove the Equipment from the premises where it is initially installed (or subsequently moved to under the provisions of this clause) without first notifying Babinda Springs Water in writing and only after receiving approval from Babinda Springs Water. Babinda Springs Water agrees not to unreasonably withhold its approval to move the Equipment.

9. LOST OR DAMAGED EQUIPMENT

In the event of the Equipment being lost or damaged while in the care of the Customer, the Customer agrees to reimburse Babinda Springs Water in full for the reasonable costs of repair or replacement of the Equipment. This includes Babinda Springs Water’s right to apply the Bottle Charge for lost Spring Water bottles.

10. PAYMENT TERMS

a) The Customer must make payment by credit card, direct debit, cheque, money order, EFT, COD or any other payment method approved by Babinda Springs Water in writing before or upon installation of the Equipment. Invoices thereafter are payable on account (subject to Babinda Springs Water approving the Customer for account terms) within thirty (30) days of Invoice date.

b) The Customer agrees that all payments received by Babinda Springs Water will be allocated as per the Invoice number specified by the Customer or alternatively, if no Invoice number is specified, then at Babinda Springs Water’s discretion.

11. OVERDUE PAYMENTS

a) The Customer agrees if their account is not paid in full by the specified due date, Babinda Springs Water may stop delivering water and/or charge a late payment fee of $10.00 + GST per month.

b) The Customer agrees that any payments dishonoured or reversed by the Customer’s bank (made by cheque, direct debit or credit card) will be reimbursed by the Customer to Babinda Springs Water including all fees charged by the Customer’s bank to Babinda Springs Water plus reasonable administration charges.

c) The Customer agrees that any reasonable costs or disbursements incurred by Babinda Springs Water in recovering any outstanding monies including Equipment pick-up fees, debt collection agency fees, solicitor’s costs plus overdue interest charges calculated daily from due date and applied at 15% per annum, shall be paid by the Customer.

12. PRICING

a) The Customer agrees to pay for the Products and Equipment supplied by Babinda Springs Water on a monthly or annual basis, including GST where applicable, at the price specified on the initial Agreement, or at the revised price specified by Babinda Springs Water according to clauses 12(d) or (e).

b) The Customer agrees that the total initial payment as set out in the Agreement is payable before or on installation of the Equipment or Products (as applicable).

c) Babinda Springs Water reserves the right to adjust the price of Products during the Term, acting reasonably taking into account increases in the costs of Products to Babinda Springs Water and the Consumer Price Index, by giving 7 days’ notice to the Customer of the price increase.

d) Babinda Springs Water reserves the right to adjust the price of the Products and/or Equipment after expiration of the initial Term acting reasonably taking into account increases in the costs of Products and Equipment to Babinda Springs Water and the Consumer Price Index, by giving reasonable notice to the Customer of the price increase.

e) If the Customer is supplied certain Babinda Springs Water bottles, the Customer agrees to pay the Bottle Charge for any bottles they are unable to return to Babinda Springs Water.

13. AGREEMENT TO OBTAIN CERTAIN INFORMATION:

a) The Customer Representative consents to Babinda Springs Water using and disclosing its personal information for the express purposes of accepting, processing and fulfilling the Customer’s order, notifying the Customer of its order status, product research and development, assisting Babinda Springs Water to improve customer services and allowing Babinda Springs Water to market the services of its partners.

b) The Customer Representative may notify Babinda Springs Water at any time if the Customer Representative does not wish to continue receiving marketing information from Babinda Springs Water.

c) Babinda Springs Water will not disclose the Customer Representative’s personal information to any person unless it is:

i) required or authorised by law;

ii) to a contracted mailing house or to another organisation providing services to Babinda Springs Water bound by confidentiality agreements; or

iii) to an entity that acquires the business or assets of Babinda Springs Water.

14. DELIVERY:

a) Babinda Springs Water will deliver the Equipment and Products to the Customer’s nominated premises and thereafter will deliver Products on a regular scheduled delivery cycle based on the Customer’s needs.

b) Should the Customer require delivery outside of the regular delivery cycle, additional charges may apply.

c) The Customer acknowledges and agrees that Babinda Springs Water may impose minimum delivery quantities for certain Products subject to Babinda Springs Water notifying the Customer 30 days in advance of any minimum delivery quantities which may apply.

d) The Customer agrees to provide Babinda Springs Water’s representative reasonable and safe access to its premises to allow the efficient delivery of Equipment and Products, and where applicable to use its best endeavours to have its empty bottles available for collection on its scheduled delivery day.

Things You Need to Know

$50 Deal

*$50 plus GST is the cooler rental for the first year. The rental becomes $90 plus GST for each year thereafter. Water cooler style may vary. Coolers are only to be used with Babinda Springs Water.

30 Day Money Back Guarantee

*Only applies to purchases from new customers that include a spring water cooler. Only the upfront cost is refundable should a customer wish to cancel within the first 30 days (i.e. additional water purchases will not be refunded). The 30 day money back guarantee commences from date of order.