Questions? We’re here to help:
(03) 9706 9767
Questions? We’re here to help:
(03) 9706 9767
1.1 “Australian Consumer Law” refers to the Australian Consumer Law as outlined in Schedule 2 to the CCA.
1.2 “CCA” denotes the Competition and Consumer Act 2010.
1.3 “Company” refers to Pool Pavers Australia (ABN 33 007 019 794) trading as Pool Pavers Australia, including any individual or entity acting on behalf of and with the authority of the Company, such as its authorized representatives.
1.4 “Customer” means the individual or entities purchasing the Goods as specified in any invoice, document, or order, and if more than one Customer is involved, this term applies jointly and severally to each.
1.5 “Delivery” has the meaning provided in clause 5.1.
1.6 “Goods” encompasses all goods or services provided by the Company to the Customer upon request from time to time, where the context permits the terms ‘Goods’ or ‘Services’ to be interchangeable.
1.7 “Price” signifies the amount payable for the Goods as agreed between the Company and the Customer in accordance with clause 4 below.
2.1 The Customer is deemed to have unequivocally accepted and is immediately bound by these terms and conditions upon placing an order for or accepting Delivery of the Goods.
2.2 Any amendments to these terms and conditions require the Company’s written consent and shall take precedence over any inconsistent terms in other documents or agreements between the Customer and the Company.
3.1 The Customer must provide the Company with no less than fourteen (14) days’ prior written notice of any intended change in ownership, control, or any alteration to the Customer’s details (including changes to name, address, contact numbers, or business practices). The Customer shall be responsible for any losses incurred by the Company due to non-compliance with this clause.
4.1 At the Company’s sole discretion, the Price shall be determined as follows:
(a) as indicated on any invoice issued by the Company to the Customer; or
(b) based on the Company’s current price list as of the Delivery date; or
(c) the Company’s quoted price (subject to clause 4.2), valid for the period stated in the quotation or, if not specified, for thirty (30) days.
4.2 The Company reserves the right to adjust the Price should there be a variation to the original quotation. Any deviation from scheduled Services or specifications (including increases due to foreign currency exchange rates, international freight, insurance charges, or rises in the cost of Goods) will be documented in writing, charged according to the Company’s quotation, and listed as variations on the invoice. Payment for all variations is due in full upon completion.
4.3 At the Company’s discretion, a non-refundable deposit may be required.
4.4 Payment for the Goods is of the essence and shall be made by the Customer on the date(s) determined by the Company, which may include:
(a) upon Delivery of the Goods;
(b) prior to Delivery of the Goods;
(c) thirty (30) days following the invoice date;
(d) the date specified on any invoice or related document; or
(e) in the absence of contrary notice, seven (7) days following the invoice date issued by the Company.
4.5 Payment methods may include cheque, bank cheque, electronic/online banking, credit card (subject to a surcharge of up to two and a half percent (2.5%) of the Price), or any other method mutually agreed upon.
4.6 Unless otherwise stated, the Price excludes GST. The Customer must pay an additional amount equal to any GST the Company incurs for the supply of Goods, without deduction or offset, at the same time and basis as the Price. Other applicable taxes and duties must also be paid by the Customer, except where expressly included in the Price.
5.1 Delivery (“Delivery”) is deemed to occur when:
(a) the Customer or their nominated carrier takes possession of the Goods at the Company’s premises; or
(b) the Company (or its nominated carrier) delivers the Goods to the Customer’s nominated address, regardless of the Customer’s presence.
5.2 At the Company’s discretion, Delivery costs may be included in the Price or charged separately.
5.3 The Customer must accept Delivery by receiving or collecting the Goods as tendered. If the Customer cannot take Delivery as arranged, the Company may charge a reasonable fee for redelivery and/or storage.
5.4 The Company may deliver Goods in separate instalments, with each instalment invoiced and payable per these terms.
5.5 Any time or date provided by the Company for Delivery is an estimate only. The Customer must accept Delivery even if delayed, and the Company will not be liable for any loss or damage resulting from late Delivery.
6.1 Risk of damage or loss to the Goods transfers to the Customer upon Delivery, who must insure the Goods accordingly.
6.2 If Goods are damaged or destroyed post-Delivery but prior to ownership transfer, the Company is entitled to all insurance proceeds, with these terms serving as sufficient evidence of such rights without further inquiry.
7.1 Timber and/or stone, being natural products, may vary in color, shade, tone, markings, and veining from provided samples.
7.2 The Customer acknowledges that Goods may:
(a) display variations in shade, color, texture, surface, finish, markings, and may include natural fissures, occlusions, lines, indentations, or fade over time;
(b) expand, contract, or distort due to heat, cold, or weather exposure;
(c) mark or stain when exposed to certain substances; and
(d) be damaged by impact or scratching.
7.3 Prior to or upon ordering, the Company may provide a product specification sheet (Specification) and/or technical product data sheet (Data Sheet) outlining technical details. The Customer agrees these are indicative only, relating to specified sizes and tested samples, and natural variations may differ from the ordered Goods.
7.4 The Customer acknowledges that all information, Specifications, Data Sheets, and samples are approximations, and, subject to Australian Consumer Law guarantees, minor deviations not substantially affecting use do not justify rejection or claims.
8.1 The Company publishes information on its website (www.poolpaversaustralia.com.au), including downloadable installation tips and guides (Guides) regarding the recommended use, purpose, and application of the Goods.
8.2 As noted in the Guides, installation tips are for guidance only and do not substitute professional builders, contractors, or consultants. General statements in the Guides about use, purpose, or application do not account for individual circumstances, and the Customer must adhere to the Guides during installation and use.
8.3 The Customer bears full responsibility for installing and using the Goods. The Company will not be liable for any installation or use by the Customer or third parties that deviates from the Guides, industry practice, or applicable standards.
8.4 The Company may provide additional information on use, purpose, or application (Additional Information) based on facts disclosed at the time. If relevant facts are omitted or circumstances change, the Additional Information may be inaccurate. To the extent permitted by law, the Company is not liable for use not aligning with Additional Information or based on incomplete or changed facts.
8.5 The Company may provide a care instructions booklet (Care Instructions) for certain furniture Goods. The Company will not be liable for damage due to non-compliance with Care Instructions.
9.1 Ownership of the Goods does not pass until:
(a) the Customer has settled all amounts owed to the Company; and
(b) the Customer has fulfilled all other obligations to the Company.
9.2 Non-cash payments are not considered paid until honored, cleared, or recognized.
9.3 It is further agreed that:
(a) until ownership transfers per clause 9.1, the Customer acts as bailee and must return Goods to the Company upon request;
(b) the Customer holds insurance benefits on trust for the Company, paying proceeds for lost, damaged, or destroyed Goods;
(c) the Customer must not sell, dispose, or part with possession except in ordinary business for market value, holding proceeds on trust for the Company;
(d) the Customer must not convert or process Goods, but if done, holds the result on trust, following the Company’s directives;
(e) the Customer irrevocably authorizes the Company to enter premises to recover Goods;
(f) the Company may recover Goods in transit regardless of Delivery status;
(g) the Customer must not charge or encumber the Goods nor grant interest while owned by the Company; and
(h) the Company may pursue payment despite untransferred ownership.
10.1 In this clause, financing statement, financing change statement, security agreement, and security interest have meanings defined by the PPSA.
10.2 By assenting to these terms in writing, the Customer acknowledges these terms constitute a security agreement under the PPSA, creating a security interest in all past and future supplied Goods.
10.3 The Customer undertakes to:
(a) promptly sign documents or provide accurate, up-to-date information for registering financing statements or correcting defects;
(b) indemnify and reimburse the Company for expenses related to PPSA registrations;
(c) not register financing change statements without consent;
(d) not allow third-party financing statements without consent; and
(e) advise of material changes in business practices affecting sales proceeds.
10.4 The Company and Customer agree that sections 96, 115, and 125 of the PPSA do not apply.
10.5 The Customer waives rights to notices under sections 95, 118, 121(4), 130, 132(3)(d), and 132(4).
10.6 The Customer waives rights as grantor or debtor under sections 142 and 143.
10.7 Unless agreed otherwise in writing, the Customer waives the right to a verification statement under section 157.
10.8 The Customer unconditionally ratifies Company actions under clauses 10.3 to 10.5.
10.9 Subject to contrary express provisions, these terms do not contract out of PPSA provisions.
11.1 The Customer charges all rights, title, and interest in current or future land, realty, or chargeable assets to secure obligations under these terms, including payment.
11.2 The Customer indemnifies the Company for costs and disbursements, including legal fees, incurred in exercising rights under this clause.
11.3 The Customer irrevocably appoints the Company and its directors as attorneys to perform necessary acts, including signing documents on the Customer’s behalf.
12.1 The Customer must inspect Goods on Delivery and notify the Company in writing within seven (7) days of any evident defect, damage, quantity shortage, or non-compliance with description or quote. Other defects must be reported promptly upon discovery, allowing Company inspection.
12.2 Failure to notify within seven (7) days deems acceptance of Goods as non-faulty and per order, unless affected by Australian Consumer Law guarantees.
12.3 Returns are accepted only if:
(a) clause 12.1 is complied with;
(b) the Company confirms the Goods are defective;
(c) Goods are returned within a reasonable time at the Customer’s cost (if not significant); and
(d) Goods are returned in near-original condition.
12.4 Subject to clause 12 and Australian Consumer Law, the Company is not liable for defects or damage from:
(a) improper maintenance or storage;
(b) use beyond intended purpose;
(c) continued use after apparent defects;
(d) non-compliance with Company instructions or Guides;
(e) fair wear and tear, accidents, or acts of God.
12.5 For mind changes, the Company may accept non-defective returns, charging handling fees up to thirty percent (30%) of value, with a minimum of one hundred and fifty ($150.00) dollars, plus freight costs.
12.6 The Company does not accept returns of open crates, concrete pavers, dirty, damaged, or customized stock unless defective per clause 12.3(b) or required by law.
12.7 Returns mandated by law are accepted under those conditions only.
12.8 The Company may provide a warranty card for certain furniture Goods, offering a limited warranty additional to Australian Consumer Law rights.
13.1 “Intellectual Property Rights” includes rights protected by statute or common law, such as copyright, trademarks, patents, and registered designs.
13.2 Designs, drawings, or documents created by the Company for the Customer remain the Company’s property.
13.3 The Customer warrants that provided designs or instructions will not infringe intellectual property, indemnifying the Company against third-party actions.
13.4 The Customer agrees the Company may use created documents, designs, drawings, or Goods for marketing or competitions at no cost.
14.1 Overdue invoices accrue interest at two and a half percent (2.5%) per calendar month, compounding monthly at the Company’s discretion, before and after judgment.
14.2 The Customer indemnifies the Company for costs and disbursements incurred in debt recovery, including administration fees, legal costs, agency fees, and bank charges.
14.3 The Company may suspend or terminate Goods supply or these terms if the Customer breaches obligations, without liability for resulting loss or damage.
14.4 The Company may cancel unfulfilled orders and demand immediate payment if:
(a) payments are overdue or the Customer is deemed unable to pay;
(b) the Customer becomes insolvent or enters creditor arrangements; or
(c) a receiver or liquidator is appointed.
15.1 The Company may cancel contracts or Delivery before Goods are delivered with written notice, repaying any Customer payments without liability for loss or damage.
15.2 Customer cancellation incurs liability for Company losses, including up to thirty percent (30%) handling fees (minimum $150.00) plus freight for mind changes.
15.3 Orders for custom or non-stock items are non-cancellable once production begins or orders are placed.
16.1 The Customer consents to the Company obtaining a credit report to assess credit applications and worthiness.
16.2 The Customer consents to credit information sharing with named referees or credit agencies for:
(a) application assessment;
(b) default notifications;
(c) consented or lawful exchanges on credit status; and
(d) creditworthiness evaluation.
16.3 The Customer consents to consumer credit reports for overdue commercial credit collection.
16.4 Personal and credit information may be used, retained, or disclosed for:
(a) Goods provision;
(b) marketing by the Company or agents;
(c) credit, payment, or status analysis;
(d) payment processing or credit facilities;
(e) account management or debt collection; and
(f) responding to queries.
16.5 The Company may disclose information to credit agencies to obtain or maintain credit files.
16.6 Disclosed credit information may include personal details, application data, default status, and payment history.
16.7 Further privacy details are available via a Statement of Notifiable Matters upon request.
16.8 Non-credit personal information may be shared with third parties like payment processors or regulators as needed.
16.9 Information may be used for business management or legal compliance.
16.10 Privacy management details, including access or complaint processes, are on www.poolpaversaustralia.com.au.
17.1 For unpaid repair or service items, the Company has a lien, retention rights, and sale rights, subject to Australian Consumer Law.
17.2 The lien persists despite proceedings or judgments.
18.1 Non-enforcement of any provision does not waive it, nor affect future enforcement. Invalid provisions do not impact others.
18.2 These terms are governed by the laws of the state of the Company’s principal place of business, under that state’s jurisdiction.
18.3 The Customer cannot offset or withhold payment due to disputes.
18.4 The Company may amend terms with notice, effective upon Customer notification, with further orders implying acceptance.
18.5 Neither party is liable for defaults due to Force Majeure events (e.g., natural disasters, strikes). The Company may suspend or terminate obligations during such events, but Customer payment obligations remain.
18.6 The Customer warrants authority, necessary approvals, solvency, and binding obligations under this agreement.
19.1 The Company may appoint agents or subcontractors to fulfill obligations.
19.2 The Company may assign rights or obligations under these terms.
19.3 The Customer requires prior written consent to assign rights or obligations.
20.1 Non-excludable guarantees under applicable laws, including Australian Consumer Law, cannot be limited or modified.
20.2 The Company acknowledges non-exclusion of these guarantees.
20.3 Except for non-excluded guarantees, all other terms, warranties, or representations are excluded.
20.4 Liability not excludable by law is limited to replacement, repair, or cost reimbursement for goods/services, where permitted.
20.5 For non-consumer Customers, liability is limited to express warranties or manufacturer warranties, otherwise negated.
20.6 Subject to law, the Company is not liable for any loss, damage, or expense (including indirect or consequential losses) from Goods supply, use, breach, or negligence.
20.7 Total liability is limited to the Price of claimed Goods, where permitted.
21.1 The Customer indemnifies the Company for losses from:
(a) breaches or negligence;
(b) legal violations;
(c) post-Delivery installation, use, or storage; or
(d) injury, death, or property damage from Customer obligations.
22.1 Unless otherwise stated:
(a) singular includes plural and vice versa;
(b) party references include successors and authorized representatives;
(c) acts due on non-business days adjust to the prior or next business day;
(d) amounts are in Australian currency; and
(e) “including” and similar terms are not limiting.
(Updated as of 02:26 PM AEST on Thursday, August 14, 2025.)
