Terms of Service

1. About these Terms

These Terms of Service (the Terms) apply to all goods and services supplied by Everflow Filtration Pty Ltd (ABN 92 701 911 711) of Perth, Western Australia (we, us or our), including the supply, installation, commissioning, maintenance and servicing of water filtration systems and industrial filtration equipment (the Services). By requesting a quote, placing an order, accepting a quotation, engaging us to perform Services, or using this website, you agree to be bound by these Terms (you being the Customer or you).

If there is any inconsistency between these Terms and a signed written agreement or written quotation accepted by us, the signed agreement or accepted quotation will prevail to the extent of the inconsistency.

2. Quotes and Orders

• Quotations provided by us are valid for thirty (30) days from the date of issue, unless otherwise stated in writing, and are based on information available at the time, including site conditions advised by you.
• A quotation is an estimate only and may be revised if a site inspection reveals conditions not reasonably apparent at the time of quotation, including inadequate access, non-compliant plumbing, unsuitable power supply or water quality outside ordinary specifications.
• An order is accepted, and a binding contract is formed, when you accept our quotation in writing or we commence the Services at your request.
• Any variation to an accepted order must be agreed in writing. Additional work arising from variations will be charged at our then-current rates.

3. Pricing, GST and Payment

• Prices are stated in Australian dollars and are inclusive of Goods and Services Tax (GST) unless expressly stated otherwise.
• We may require a deposit before ordering materials or commencing work. The deposit amount will be stated in the quotation.
• Invoices are payable within the period stated on the invoice. If no period is stated, invoices are payable within fourteen (14) days of issue.
• We may charge interest on overdue amounts at a rate reasonably reflecting our cost of funds, and reasonable costs of recovering overdue amounts, to the extent permitted by law.
• You must not withhold payment or set off any amount against an invoice except as permitted by law or agreed by us in writing.

4. Supply, Delivery and Installation

• Estimated delivery and installation dates are provided in good faith but are not guaranteed. We are not liable for delays caused by suppliers, freight providers, site conditions, weather or other matters beyond our reasonable control.
• You are responsible for providing safe, lawful and clear access to the site, adequate working space, and access to power and water connections as reasonably required for us to perform the Services.
• Risk in goods supplied passes to you on delivery to the site or collection by you or your agent.
• Where applicable, legal and beneficial title to goods supplied remains with us until we have received payment in full for those goods and all other amounts owing to us.
• You warrant that you own the premises or are otherwise authorised to have the filtration system installed at the site.

5. Warranties

• Equipment supplied by us is covered by the manufacturer's warranty applicable to that equipment. We will provide you with reasonable assistance to make a claim under a manufacturer's warranty.
• We warrant that our installation workmanship will be performed with due care and skill and in accordance with good industry practice, subject to fair wear and tear, misuse, neglect, unauthorised modification or repair, and operation outside the manufacturer's specified parameters (including water pressure, water quality and flow rates outside specification).
• Filter cartridges, membranes and other consumable components are subject to manufacturer specifications and are not warranted for any particular service life, as service life depends on source water quality, usage and maintenance.

6. Australian Consumer Law

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the Australian Consumer Law (as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any other applicable law that cannot be excluded, restricted or modified by agreement.

Our goods and services may come with guarantees that cannot be excluded under the Australian Consumer Law. You may be entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You may also be entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

To the maximum extent permitted by law, any liability we have under the Australian Consumer Law in relation to goods that are not of a kind ordinarily acquired for personal, domestic or household use or consumption is limited, at our option, to:

• in the case of goods — the replacement or repair of the goods, the supply of equivalent goods, or the payment of the cost of replacing or repairing the goods or of acquiring equivalent goods; and
• in the case of services — the supplying of the services again, or the payment of the cost of having the services supplied again.

7. Limitation of Liability

To the extent permitted by law, and except as otherwise provided in these Terms or required by the Australian Consumer Law, we are not liable for any indirect, incidental, special or consequential loss or damage, including loss of profits, loss of production, loss of business opportunities or loss of data, arising out of or in connection with the supply of goods or the performance of the Services, whether in contract, tort (including negligence), under statute or otherwise.

Our total aggregate liability arising out of or in connection with any order is limited to the amount you actually paid to us for the goods and services giving rise to the claim, except where such limitation is not permitted by law.

8. Your Responsibilities

• You must operate and maintain any filtration system supplied by us in accordance with the manufacturer's instructions, our recommendations and any maintenance schedule provided.
• You must promptly notify us of any defect or fault in goods supplied or work performed so that we can investigate and, where appropriate, remedy the issue.
• You are responsible for obtaining any approvals, permits or licences required for the installation or operation of the filtration system at your premises, other than approvals that we have expressly agreed in writing to obtain on your behalf.

9. Indemnity

You indemnify us, and keep us indemnified, against all losses, damages, costs and expenses we suffer or incur arising from your breach of these Terms, your negligence or misconduct, or any unauthorised use, modification or misuse of goods supplied by us, except to the extent caused by our own negligence or breach of these Terms.

10. Intellectual Property

All intellectual property in system designs, specifications, drawings, documentation, reports and other materials prepared by us remains our property or the property of our licensors. You are granted a non-exclusive, non-transferable licence to use such materials for the purpose of operating and maintaining the filtration system at the site for which they were prepared. You must not reproduce, publish or disclose our materials to third parties without our prior written consent, except as permitted by law.

11. Privacy

We handle personal information in accordance with the Privacy Act 1988 (Cth) and our Privacy Policy. By engaging our Services or using this website, you consent to the collection, use and disclosure of your personal information as described in our Privacy Policy.

12. Website Use

• The content of this website is provided for general information about our Services. It does not constitute engineering, technical or regulatory advice for your specific circumstances, and you should not rely on it as such.
• You must not use this website in a manner that is unlawful, fraudulent, or that interferes with or damages the website or its infrastructure.
• While we take reasonable care to keep website information current, specifications, availability and prices of products and services may change without notice. Confirmed quotations and accepted orders take precedence over website content.

13. Force Majeure

We are not liable for any failure or delay in performing our obligations under these Terms to the extent that failure or delay is caused by events beyond our reasonable control, including natural disasters, floods, storms, industrial disputes, supply chain interruptions, government restrictions or failures of utilities or telecommunications networks.

14. Suspension and Termination

• We may suspend the Services if you fail to pay an amount when due, or if you fail to provide safe access or site conditions necessary for us to perform the Services, until the matter is remedied.
• Either party may terminate an order or engagement by written notice if the other party commits a material breach of these Terms that is not remedied within fourteen (14) days of written notice of the breach.
• On termination, you must pay us for all Services performed and all goods supplied or ordered on your behalf up to the date of termination, and we must return any deposit to the extent it exceeds amounts properly owing to us.

15. Dispute Resolution

If a dispute arises in connection with these Terms or the Services, the parties agree to first attempt to resolve the dispute in good faith by direct negotiation between authorised representatives of each party. If the dispute is not resolved within twenty-eight (28) days, either party may refer the dispute to mediation or take such other action as is available at law. Nothing in this clause prevents either party from seeking urgent injunctive relief.

16. Governing Law

These Terms are governed by the laws of Western Australia and the Commonwealth of Australia. The parties submit to the jurisdiction of the courts and tribunals of Western Australia.

17. Changes to these Terms

We may update these Terms from time to time by publishing a revised version on this website. The version of these Terms current at the time you accept a quotation or place an order will apply to that order. Material changes affecting an existing engagement will be communicated to you before they take effect for that engagement.

18. Contact

If you have any questions about these Terms, or wish to give notice under these Terms, please contact us:

Everflow Filtration Pty Ltd
ABN 92 701 911 711
Perth, Western Australia, Australia
Email: ceo@everflowfiltration.site
Website: everflowfiltration.site

See also our Privacy Policy.