1.1 Application of Terms

These Sales Terms and Conditions (Terms) apply to all customers engaging Shoalhaven Spring Water Pty Ltd (ABN 48114801259) for its products and services, including but not limited to:

• Spring Water Delivery: Regular delivery of bottled water to customers in designated service areas.

• Equipment Rental: Provision of water coolers, dispensers, and related equipment under rental agreements.

• Subscription Plans: Bundled services, which may include water delivery, equipment rental, and other commitments.By accessing, ordering, or using Shoalhaven Spring Water’s products and services, you acknowledge that you have read, understood, and agreed to these Terms.

1.2 Amendments to Terms

Shoalhaven Spring Water reserves the right to update or amend these Terms as needed to reflect changes in legal requirements, business practices, or service offerings.

• Customers will be notified of any changes to the Terms. Notifications may be issued via email, postal mail, or updates published on our website.

• Continued use of Shoalhaven Spring Water’s services after the effective date of the revised Terms constitutes your acceptance of the updated agreement.

• Customers who do not agree with the amended Terms have the right to terminate their agreements by providing notice as outlined in Section 6 (Cancellation and Termination).

1.3 Pricing and GST

• All prices quoted by Shoalhaven Spring Water are inclusive of Goods and Services Tax (GST) and are stated in Australian dollars (AUD) unless explicitly specified otherwise.

• Shoalhaven Spring Water reserves the right to adjust its pricing to account for changes in operational costs, supply chain factors, or market conditions.

• Notifications will specify the effective date of the changes and will be sent via email, postal mail, or displayed on customer invoices.

• Pricing adjustments will not affect prepaid services until the end of the prepaid period.

1.4 Eligibility for Services

• Shoalhaven Spring Water’s products and services are available to customers within designated service areas. Customers outside these areas may request service, but additional fees or delivery charges may apply.

• By engaging with Shoalhaven Spring Water, you confirm that you are at least 18 years old and legally capable of entering into binding agreements.

1.5 Customer Obligations

• Customers are responsible for providing accurate and up-to-date information when placing orders, signing agreements, or requesting services. This includes contact details, delivery addresses, and payment information.

• Customers agree to comply with these Terms and any additional conditions outlined in rental or subscription agreements.

• Any misuse, unauthorized modification, or breach of these Terms may result in termination of services as outlined in Section 6 (Cancellation and Termination).

1.6 Communication

• Shoalhaven Spring Water will primarily communicate with customers via email, phone, or postal mail. It is the customer’s responsibility to ensure that their contact information is accurate and up to date.

• Important notices, such as changes to Terms, pricing adjustments, or service updates, will be delivered through these communication channels.

1.7 Entire Agreement

These Terms, together with any specific agreements or policies referenced herein (e.g., Privacy Policy, Rental Agreements), constitute the entire agreement between Shoalhaven Spring Water and the customer. They supersede all prior discussions, communications, or agreements, whether written or oral, related to the subject matter of this document.

2.1 Purchase:

• Ownership of purchased items (e.g., water coolers, porcelain dispensers, cups) transfers to the customer upon full payment.

• Returns of purchased items are accepted within 14 days if the item is unused and in its original packaging.

2.2 Rental:

• Equipment (e.g., water coolers) is rented to the customer, and ownership remains with Shoalhaven Spring Water.

• The rental period is specified on the invoice and continues until terminated by either party with 30 days’ written notice.

• Shoalhaven Spring Water provides maintenance for rented equipment. Customers must report any issues promptly.

• The customer is responsible for loss or damage beyond normal wear and tear.

2.3 Subscription Bundles:

• Subscription plans include cooler rental and regular water delivery.

• Customers commit to a subscription period as outlined in their agreement.

• Billing occurs monthly or annually, as agreed.

• Customers may modify subscription details (e.g., water quantities or delivery frequency) with at least 14 days’ notice.

2.4 Spring Water Service:

• Ownership of Bottles: All bottles provided as part of the spring water service remain the property of Shoalhaven Spring Water.

• Returnable and Refillable: Bottles must be returned for refilling. Customers are encouraged to handle bottles carefully to ensure their reusability and minimize environmental impact.

• Proper Use: Bottles are to be used exclusively for storing the spring water supplied by Shoalhaven Spring Water. They must not be used for any other purpose or filled with any other liquids, substances, or materials.

• Damage or Loss: Customers are liable for bottles that are lost, damaged, or rendered unsuitable for reuse. Charges may apply for replacement bottles in such cases.

• Health and Safety: Customers are advised to store bottles in a cool, clean, and shaded area to preserve water quality. Bottles must not be exposed to direct sunlight or heat for prolonged periods.

3.1 Standard Delivery

• Shoalhaven Spring Water provides free delivery within our designated service areas. Delivery schedules are pre-arranged and aim to ensure consistency and efficiency.

3.2 Special Deliveries

• Out-of-Schedule Deliveries: Customers may request deliveries outside their regular schedule for an additional fee. Charges will be determined based on the request.

• Special Orders: Large volume or custom deliveries may incur extra charges, which will be communicated before confirmation.

3.3 Customer Responsibilities

• Safe Access: Ensure our delivery personnel have clear and safe access to your property. Notify us of any specific instructions, such as gated areas or restricted entry points.

• Unattended Deliveries: If no one is present to accept delivery, items may be left in a safe location per customer instructions. Shoalhaven Spring Water is not liable for unattended products once delivered as instructed.

• Changes to Delivery Details: Inform us of any address or schedule changes at least 7 days before your next delivery.

3.4 Additional Information

For more details on our delivery terms, service areas, and scheduling, please visit shoalhavenspringwater.com.au/delivery.

4.1 Invoice and Payment Terms

Shoalhaven Spring Water will issue invoices for all services provided. Payment terms depend on the type of service:

• Purchase: Payment for purchased items, including water bottles or equipment, is due in full at the time of invoice issuance. Orders will not be processed or delivered until full payment has been received.

• Rental:
  - Rental payments are billed monthly or annually in advance, depending on the terms agreed upon at the time of signing the rental agreement.
  - Customers opting for annual billing will benefit from a consolidated invoice for the full rental period, while monthly billing customers will receive invoices at the start of each billing cycle.

• Subscription:
  - Subscription payments are billed monthly or annually in advance, as specified in the customer’s subscription agreement.
  - The billing period begins on the subscription start date and renews automatically unless canceled as per the terms outlined in Section 6 (Cancellation and Termination).

4.2 Payment Methods

Shoalhaven Spring Water offers multiple payment options to ensure convenience:

• Bank Transfer: Customers may use electronic funds transfer (EFT) to pay directly into our designated bank account. Payment details will be included on the invoice.

• Credit/Debit Card: Major credit and debit cards are accepted for both one-time and recurring payments.

• Other Approved Methods: Additional payment methods, such as direct debit, digital wallets, or third-party payment platforms, may be offered at Shoalhaven Spring Water’s discretion.

• Customers are encouraged to set up recurring payments for subscriptions or rentals to avoid missed payments.

4.3 Late Payments

• Payments must be made by the due date indicated on the invoice. Failure to pay by this date may result in:
  - A late payment fee, calculated as a percentage of the overdue amount or a fixed fee as specified on the invoice.
  - Suspension or termination of services until the outstanding balance is paid in full.

• Shoalhaven Spring Water reserves the right to recover any costs incurred due to late payments, including collection fees or legal expenses.

4.4 Billing Discrepancies

• Customers are responsible for reviewing their invoices upon receipt and notifying Shoalhaven Spring Water of any errors, discrepancies, or concerns within 14 days of the invoice date.

• Shoalhaven Spring Water will investigate all reported discrepancies and make adjustments or corrections, if necessary. Refunds or credits will be issued for any overcharges identified during the review.

• Disputes over a portion of an invoice do not relieve customers of the obligation to pay the undisputed portion by the due date.

4.5 Account Statements and Records

• Customers may request an account statement detailing their payment history, outstanding balances, and upcoming charges.

• Shoalhaven Spring Water will maintain accurate records of all invoices, payments, and credits for a minimum of 5 years, in compliance with Australian financial regulations.

4.6 Refunds and Adjustments

• Refunds for overpayments or billing errors will be processed promptly and returned to the original payment method.

• Refunds or proration of subscription or rental fees in cases of cancellation will follow the policies outlined in Section 7 (Refunds and Returns).

4.7 Taxes and Additional Charges

• All invoices include applicable Goods and Services Tax (GST).

• Additional fees, such as charges for special deliveries or damaged equipment, will be itemized on the invoice. Customers are responsible for reviewing these charges and ensuring prompt payment.

5.1 Intended Use:

Rented equipment, including water coolers, dispensers, and other accessories, must only be used for the purposes specified by Shoalhaven Spring Water. Equipment should not be modified, altered, or used in any way other than its intended function of storing and dispensing Shoalhaven Spring Water products.

5.2 Condition and Care:

Customers are expected to keep all rented equipment in good condition, ensuring it remains clean, functional, and free from damage. Equipment should be kept in a location that avoids exposure to extreme temperatures, direct sunlight, or other conditions that may cause damage. Customers are liable for any damage, loss, or malfunction resulting from neglect, misuse, or improper handling, and may incur charges to cover repair or replacement costs.

5.3 Routine Maintenance:

Shoalhaven Spring Water provides regular maintenance and servicing of rented equipment at no additional cost to the customer. Maintenance includes cleaning, sanitizing, and inspecting equipment to ensure optimal performance and hygiene standards. Customers are encouraged to notify us immediately if any maintenance needs or performance issues arise.

5.4 Equipment Replacement and Upgrades:

Shoalhaven Spring Water reserves the right to replace or upgrade rented equipment as necessary during the rental period. Upgrades may be provided to improve functionality, efficiency, or safety. If equipment is found to be damaged or no longer functioning as intended, Shoalhaven Spring Water will arrange a replacement. Customers will not be charged for replacements due to normal wear and tear, but charges may apply for replacements due to customer negligence or misuse.

5.5 Prohibited Actions:

Customers must not attempt to repair or service the rented equipment independently. Unauthorized repairs or alterations may lead to additional charges and may void any agreements regarding the equipment’s use. Only Shoalhaven Spring Water or authorized technicians should conduct repairs or maintenance on the rented units.

5.6 Return of Equipment:

Upon termination of the rental agreement, customers must return all rented equipment in good condition, allowing for normal wear and tear. Any missing or excessively damaged equipment will result in additional charges, as outlined in the rental agreement. Shoalhaven Spring Water will coordinate with the customer to retrieve the equipment upon termination.

6.1 Customer-Initiated Termination

• Customers may terminate their rental or subscription agreements by providing at least 30 days’ written notice to Shoalhaven Spring Water. Written notice can be submitted via email or postal mail and must include the customer’s name, account details, and reason for cancellation.

• Early Termination Fees:
  ‍- Subscription agreements canceled before the end of the agreed commitment period may incur an early termination fee. This fee is calculated based on the remaining period of the subscription or as outlined in the original agreement.
  - Early termination fees may be waived in exceptional circumstances, such as relocation outside of the service area, at Shoalhaven Spring Water’s discretion.

• Customers must ensure all outstanding balances are paid in full prior to the cancellation effective date.

6.2 Company-Initiated Termination

Shoalhaven Spring Water reserves the right to terminate rental or subscription agreements with immediate effect under the following circumstances:

• Non-Payment: Failure to settle invoices within the specified payment terms, despite reminders and reasonable opportunities to resolve the issue.

• Misuse or Neglect of Equipment: Any misuse, unauthorized modification, or negligence that leads to damage or malfunction of rented equipment.

• Violation of Terms: Breach of any terms outlined in this agreement, including failure to adhere to the proper use of equipment or bottles, or improper storage of water products.

• Legal or Safety Concerns: If continuing the agreement poses a legal or safety risk to Shoalhaven Spring Water, its employees, or its customers.

In cases of company-initiated termination, Shoalhaven Spring Water will notify the customer in writing, detailing the reasons for termination and any necessary next steps.

6.3 Return of Rented Equipment

• Upon termination, customers are required to return all rented equipment to Shoalhaven Spring Water within 14 days of the agreement’s termination date.

• Equipment must be returned in good condition, allowing for normal wear and tear. Any equipment deemed damaged, lost, or unsuitable for further use due to customer negligence will be subject to repair or replacement charges, as outlined in the rental agreement.

• Shoalhaven Spring Water will arrange a pickup or provide instructions for returning the equipment.

6.4 Final Account Settlement

• Customers are responsible for settling any outstanding balances, including:
  - Payment for services rendered up to the cancellation date.
  - Early termination fees, if applicable.
  - Charges for damaged or unreturned equipment.

• Shoalhaven Spring Water reserves the right to withhold refunds or final account settlements until all equipment has been returned and inspected and all outstanding payments have been resolved.

6.5 Refunds and Proration

• If the customer has prepaid for services, a prorated refund will be issued for the unused portion of the service term, less any applicable fees or deductions for damaged equipment. Refunds will be processed within 10 business days of finalizing the termination and equipment return.

6.6 Discontinuation of Services

• Upon termination of the agreement, Shoalhaven Spring Water will cease all deliveries and services to the customer. Customers should ensure they have adequate supplies or alternative arrangements in place before the termination effective date.

7.1 Refunds for Purchased Items

• Customers may request a refund for purchased items within 14 days of purchase, provided the items are unused, undamaged, and in their original packaging.

• Refund requests must be accompanied by proof of purchase, such as a receipt or invoice.

• Shoalhaven Spring Water reserves the right to inspect the returned items before processing a refund to ensure they meet the stated conditions.

• Refunds will be issued to the original payment method within 7 business days of approving the return.

7.2 Refunds for Subscriptions and Rentals

• Refunds for canceled subscriptions or rental agreements will be prorated based on the unused portion of the subscription period or rental term. Any applicable cancellation or early termination fees, as outlined in the agreement, will be deducted from the refund amount.

• Customers must provide at least 30 days’ written notice to cancel subscriptions or rentals. Refunds will only be issued after all rented equipment has been returned in satisfactory condition.

• Refunds will be processed within 10 business days of finalizing the cancellation and verifying equipment return, if applicable.

7.3 Water Deliveries

• Shoalhaven Spring Water does not provide refunds for delivered water, as the product is perishable and cannot be resold once it has left our control.

• If there is an issue with a delivery, such as a product defect or incorrect order, customers must notify Shoalhaven Spring Water within 48 hours of the delivery. Resolutions may include replacement or credit for a future delivery, at the company’s discretion.

7.4 Faulty or Damaged Items

• If a product is faulty, damaged, or does not meet the customer’s expectations upon delivery, Shoalhaven Spring Water will offer a replacement or a full refund.

• Customers must report any defects or damage within 7 days of receiving the product. Faulty or damaged items may need to be returned for inspection before a replacement or refund is issued.

7.5 Return Process

• To initiate a return or refund, customers must contact Shoalhaven Spring Water via phone or email, providing their name, account details, order number, and reason for the return.

• The company will provide instructions for returning the item, including any applicable shipping or pickup options.

• For ineligible items or requests outside the specified timeframes, Shoalhaven Spring Water reserves the right to decline the refund or return.

7.6 Exclusions

• Refunds or returns are not available for promotional items, free gifts, or services rendered, such as delivery or installation fees.

• Customized orders, including bulk or special-order water deliveries, are also non-refundable once processed.

8.1 Exclusion of Liability

Shoalhaven Spring Water strives to deliver high-quality products and services, but we are not liable for the following:

• Customer Misuse or Negligence: Any damage, loss, or issues caused by improper use, mishandling, or negligence on the part of the customer. This includes, but is not limited to, incorrect installation, improper maintenance, or unauthorized modifications to rented or purchased equipment.

• Indirect, Incidental, or Consequential Damages: Shoalhaven Spring Water is not liable for any indirect or incidental damages, including but not limited to:
  - Loss of income, revenue, or business opportunities.
  - Property damage resulting from equipment use or water storage.
  - Inconvenience, discomfort, or other non-monetary losses arising from product or service disruptions.

8.2 Limitation of Liability

• Shoalhaven Spring Water’s total liability for any claims, whether based on contract, tort, or other legal grounds, is strictly limited to the amount paid by the customer for the specific product or service in question.

• In the event of a valid claim, Shoalhaven Spring Water may, at its discretion, offer a replacement, repair, or refund of the product or service value instead of monetary compensation.

8.3 Exclusions and Disclaimers

• Shoalhaven Spring Water does not guarantee uninterrupted or error-free operation of rented equipment or continuous availability of services. Customers are responsible for ensuring proper use and adherence to the guidelines provided for equipment and products.

• Shoalhaven Spring Water is not liable for delays or failures to deliver services caused by circumstances beyond our control, such as natural disasters, strikes, transportation disruptions, or other force majeure events.

8.4 Product and Service Quality

• While Shoalhaven Spring Water takes all reasonable measures to ensure the quality and safety of its products, the company is not liable for issues arising from improper storage or handling of water bottles or equipment by the customer.

• Shoalhaven Spring Water does not accept liability for any adverse health effects resulting from the misuse or improper storage of water products.

8.5 Customer Obligations

• Customers are responsible for notifying Shoalhaven Spring Water promptly of any defects, issues, or complaints regarding products or services. Delayed notification may limit our ability to resolve the issue and may affect potential liability claims.

8.6 Third-Party Liability

• Shoalhaven Spring Water is not liable for any loss, damage, or claims arising from the actions or negligence of third-party service providers, such as delivery agents or maintenance technicians not directly employed by Shoalhaven Spring Water.

9.1

Shoalhaven Spring Water collects, uses, and stores customer information in accordance with the Privacy Act 1988 (Cth) and our comprehensive Privacy Policy, which is available at shoalhavenspringwater.com.au/privacy.

9.2

By using our services, customers consent to the collection and use of their personal information for purposes such as processing orders, managing accounts, and improving services. Details on how we handle personal information, including collection methods, security measures, and customer rights, are outlined in our Privacy Policy.

9.3

Customers have the right to request access to or correction of their personal information at any time by contacting us directly. For detailed information on your privacy rights and how to exercise them, refer to our Privacy Policy.

9.4

Shoalhaven Spring Water does not share customer information with third parties without consent, except as required by law or as outlined in our Privacy Policy.

9.5

For inquiries or concerns about privacy or data protection, please contact us directly using the details provided in our Privacy Policy.

10.1 Jurisdiction

These Terms and Conditions are governed by and construed in accordance with the laws of New South Wales, Australia. By engaging with Shoalhaven Spring Water, you agree that any legal disputes or claims arising from the use of our products or services will be subject to the exclusive jurisdiction of the courts of New South Wales.

10.2 Dispute Resolution

• In the event of a dispute, Shoalhaven Spring Water encourages customers to first contact us directly to seek an amicable resolution.

• If a resolution cannot be reached, disputes will be addressed through appropriate legal channels in accordance with Australian law.

• Customers are responsible for their own legal and administrative costs unless otherwise determined by the courts.

10.3 Severability

If any provision of these Terms is found to be unlawful, void, or unenforceable by a court of competent jurisdiction, the remaining provisions will remain valid and enforceable to the fullest extent permitted by law.

10.4 Force Majeure

Shoalhaven Spring Water will not be held liable for any failure to perform or delay in performing obligations under these Terms due to events beyond our reasonable control, including but not limited to natural disasters, strikes, accidents, or disruptions in transportation or supply chains.

• Phone: 02 4423 3316

• Email: hey@shoalhavenspringwater.com.au 

• Address: 25 Quinns Lane, South Nowra NSW 2541

• Have read, understood, and agreed to these Terms and Conditions.

• Agree to comply with all the provisions outlined herein.

• Understand that your continued use of our services constitutes acceptance of any updates to these Terms.