Terms & Conditions

Read our terms and conditions

Set out below are the Aquatec Standard terms and conditions of sale of Goods purchased by you from Elodie Amann trading as Aquatec Fitness Trading (A.B.N. 40 872 730 347). By placing an order, you agree to these terms and conditions. If you do not wish to agree to these terms and conditions, you must not seek to purchase or place an order to purchase Goods.

Aquatec Standard Terms and Conditions of Sale

1.Definitions and Interpretation 1.1 Definitions In these Terms and Conditions, the following words have the following meanings:

Business Days means a week day in which trading banks are open for the transaction of banking business in Brisbane, Australia.
Delivery Agent means any nominated third party delivery or shipping company engaged by Aquatec to deliver Goods ordered from it.
Goods means the items offered for sale by Aquatec, and includes goods described on the Quote.
GST has the meaning provided by A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Law means any written rule or collection of rules, including, but not limited to any statute, regulation, order or rule, any government ordinance or by-law, any governmental agency’s rule, regulation or determination, and any form of custom or policy recognised and enforced by judicial decision.
Order means a request by You to purchase Goods from Aquatec in accordance with these Terms and Conditions.
Price means the purchase price of each Good as advised to You in writing (including GST).
Related Body Corporate means a related body corporate as defined in section 9 of the Corporations Act 2001 (Cth).
Terms and Conditions means these terms and conditions, as amended from time to time.
We or Us or Our or Aquatec means Elodie Amann trading as Aquatec Fitness Trading (A.B.N. 40 872 730 347) and, where the context permits, Aquatec’s employees, independent contractors or agents.
You or Your means You as the purchaser of Goods from Aquatec pursuant to these Terms and Conditions and nominated as the purchaser in the Order form.

1.2 Interpretation In this Agreement unless the contrary intention appears: a reference to these Terms and Conditions or another instrument includes any variation or replacement of either of them; (a) a reference to a statute, ordinance, code or other law includes regulations and other instruments under it and consolidations, amendments, re-enactments or replacements of any of them; (b) the singular includes the plural and vice versa; (c) the word person includes a firm, a body corporate, an unincorporated association or an authority; (c) a reference to a person includes a reference to the person’s executors, administrators, successors, substitutes (including, but not limited to, persons taking by novation) and assigns; (d) if a period of time is specified and dates from a given day or the day of an act or event, it is to be calculated exclusive to that day; and (e)a reference to a day is to be interpreted as the period of time commencing at midnight and ending 24 hours later. 2. Orders for Goods

Aquatec may provide You with a Quote. Any Quote issued by Aquatec is valid for 5 Business Days from the date of issue. Quotes are invitations to place an Order.
After You have received a Quote, You may place an Order for the Goods specified in the Quote by emailing an Order form to elodie@aquatecfitness.com.au .
In completing the Order form, You agree to provide complete and accurate information to enable the processing and delivery of Your Order.
Aquatec will not be liable to You for Your loss or that of any third party for any delay, cancellation, failure to process or failure to deliver Goods to You as a result of You providing inaccurate or incomplete information in Your Order form.
You may not place an Order if You lack capacity to enter into a binding agreement with Us or, if You are placing an Order on behalf of another person, You do not have authority to place an Order on their behalf. If You are under 18 years of age, You must obtain the consent of Your parent or legal guardian.
Orders placed by You are requests to purchase Goods on these Terms and Conditions for the Price specified in the Quote plus the Delivery Fee. This request may be accepted or rejected by Aquatec.
You will be notified by email within 10 Business Days if we accept or reject an Order. Aquatec will not be liable to You for Your loss or that of any third party for the rejection of an Order.
To the extent permitted by Law, Aquatec reserves the right to accept or reject or cancel Your Order for any reason (or no reason) at any time including, but not limited to, the unavailability of any Good, an error in the price or Good description, an error in Your order or the discontinuance of a promotion.

3. Price and Payment

Unless otherwise stated, all Prices, Delivery Fees and other charges quoted are in Australian Dollars and, where applicable, are exclusive of goods and services tax (GST).
Aquatec reserves the right to change or alter Prices of Goods for any reason and without notice to You, unless You have already submitted an Order at a stipulated Price and that Order has been accepted by us, in which case there will be no change or alteration in pricing (provided Your Order is not affected by a pricing error, in which case clause 2.8 will apply).
When Your Order is accepted, You will be required to pay the Price for the Goods (which is the Price at the time the Order is submitted) plus the Delivery Fee.
You can pay for Your Goods by any of the methods specified on the Order form.
You acknowledge that the Goods which are the subject of Your Order may not yet be manufactured or imported into Australia and that Goods may only be manufactured after an Order has been placed. You therefore agree that any payment in respect of an Order must be paid and cleared to Our satisfaction before Goods which are the subject of the Order are manufactured and/or despatched. Further, You agree that if Your payment is not received within 5 Business Days of Your Order being placed or if Your payment cannot be processed, Your Order may be cancelled by Aquatec in its absolute discretion.
In ordering, paying or attempting to pay for the Goods, You agree that You have not engaged in any fraudulent conduct or contravened any Law.
You will receive a tax invoice by email once Your Order has been received and is accepted by us in writing.

4. Shipping and Delivery

Aquatec currently only delivers Orders to Australia. Aquatec will not deliver Goods to Post Office Box addresses or parcel lockers.
Aquatec does not accept any liability for loss or damage suffered as a result of delays outside of Aquatec’s control, including but not limited to shipping delays, weather, traffic, accidents, busy periods and other unforeseeable circumstances.
Aquatec uses Delivery Agents to deliver Your Goods. You agree that Your details including in the order form are correct and Goods will be delivered to this adress. Your delivery address may be supplied to the Delivery Agent for the purpose of delivering Your Goods.
You acknowledge and agree that additional delivery fees may be payable if Your Order otherwise incurs additional charges, for instance because You provide an incorrect delivery address and a second delivery attempt is required.
From time to time, including during peak periods such as Christmas, Aquatec and its Delivery Agent may not be able to achieve delivery time frames. You acknowledge and agree that Aquatec is not liable with respect to any loss, damage, cost, expense or injury You or any third party suffers as a result of a change in delivery times or a delay in delivery by its Delivery Agent.
If You are not personally available to accept delivery, Your Goods may be left with a person at Your nominated delivery address who is over 16 years of age.
You or the person accepting delivery on Your behalf may be required to sign a delivery document to confirm that the delivery has taken place. If You or such person refuse to do so this may be taken as refusal to accept delivery.
If Goods are required to be redelivered, You may be required to pay additional fees for redelivery.
If You fail to advise Aquatec in writing of any fault or failure of the Goods to accord with Your Order within 5 Business Days of delivery, You are deemed to have accepted the Goods and to have accepted that the Goods are not faulty and accord with Your Order. Nothing in this paragraph affects rights for any alleged failure of a guarantee under the Australian Consumer Law which cannot be excluded.
Where written authorisation has been given to leave the order unattended, with reception, or with other written instruction, without obtaining a signature confirming delivery, Aquatec and our couriers will be released of all responsibility and liability for the items delivered and left unattended.

5. Returns and Repairs

Aquatec does not allow change of mind returns.
If You believe Your Goods are faulty, subject to clause 4.9, You must advise Aquatec of the fault within 5 Business Days of delivery in writing by contacting Aquatec at elodie@aquatecfitness.com.au. Where Goods are faulty, Aquatec, to the extent permitted by law, may in accordance with clause clause 9.4, at its option, offer to repair or replace the Goods or provide to You a refund.
You must comply with directions from Aquatec to facilitate a return or repair where a return or repair is necessary.
Where You are offered a refund, this will be processed within 15 Business Days, however, Aquatec is not responsible for delays that are out of its control, including but not limited to delays caused by financial institutions.
It is Your responsibility to ensure that returned Goods are received by Aquatec at its nominated delivery address safely. Aquatec is not liable for any loss or damage to Goods incurred before they are received by Aquatec.
Spare parts may be obtained by contacting Aquatec by email at elodie@aquatecfitness.com.au

6. Title and Risk

Title and risk in the Goods passes to You on the date and time of delivery of the Goods to the Delivery Agent.

7. Order cancellations

Unless provided for under these Terms and Conditions, You cannot cancel or change Your Order once it has been accepted.
If We reject or cancel Your Order under these Terms and Conditions, and Your payment for the Goods has already been processed, We will refund the Price of the Goods to You. When this refund is received will depend upon each financial institution’s processing times. Aquatec is not liable with respect to any loss (consequential, direct or indirect) You or any third party might suffer as a result of any delay in processing or paying Your refund.

8. Agency and assignment

You agree that Aquatec may at any time appoint or engage an agent to perform an obligation of Aquatec arising out of or pursuant to these terms and conditions.
Aquatec has the right to assign and transfer to any person all or any of its title, estate, interest, benefit, rights, duties and obligations arising in, under or from these terms and conditions provided that the assignee agrees to assume any duties and obligations of Aquatec owed to You under these terms and conditions.
You may not to assign, or purport to assign, any of Your obligations or rights under these terms and conditions without the prior written consent of Aquatec.

9. Acceptable Use, Exclusions and Limitations of Liability

Aquatec and its Related Bodies Corporate, directors, officers, employees, agents, contractors, successors or assignees makes no representations or warranties of any kind, express or implied as to the Goods except as otherwise provided under applicable laws.
Subject to any rights You have under any consumer protection law, Aquatec excludes to the fullest extent possible under Law, all implied terms and warranties whether statutory or otherwise, relating to the subject matter of these Terms and Conditions.
It is Your responsibility to follow instructions for use and assembly as contained in the manufacturer’s manuals for the Goods and to ensure correct installation and maintenance of the Goods, and to inform further users or clients to follow instructions for use and assembly as contained in the manual for the Goods and of proper equipment usage and handling. You must or, if You are not the ultimate end user of the Goods, You must inform the end user that they must;
be appropriately clothed when using or transferring the Goods in apparel which will not be caught or become entangled with the Goods;
wear appropriate non-slip footwear when using the Goods and when transferring the Goods in and out of the water;
observe appropriate manual handling procedures when moving and/or installing the Goods, including:
1. ensuring that Goods are handled by two or more people and are not handled by a single person without assistance;
2. ensuring that the Goods are handled with care when being placing in or removed from water in order to protect the Goods from damage;
ensure that the Goods are properly secured when they are placed in water and ensuring that all suction caps (if applicable) are properly secured on each occasion before the Goods are used;
ensure that the water level where the Goods are placed is no higher than the mid-chest level of the user of the Goods;
ensure that all bolts on the Goods are fastened and are tightened at least monthly;
ensure that its anode (where applicable) is replaced on an annual basis. Anodes are available for purchase from Aquatec;
conduct regular equipment audits to ensure that the Goods are correctly maintained and parts are replaced as required;
ensure that water ph is maintained in accordance with the manufacturer’s instructions and that a record of daily water ph is retained;
ensure that the Goods are not stored in water when not in use;
ensure that the Goods are properly rinsed with fresh water and then dried when not in use in accordance with manufacturer’s instructions;
store Goods out of direct sun-light;
not use or permit the Goods to come into contact with abrasive substances or materials which may damage the surface of or protective coating which has been applied to the Goods,

and, subject to any Law which cannot be excluded, Aquatec excludes all liability for any loss or damage howsoever occasioned (including negligence) where there has been a breach of this clause.

Where any law (including the Australian Consumer Law) provides a consumer guarantee which may not be lawfully excluded, our liability will be limited to that provided by law. Without limiting the foregoing, to the extent permitted by law, Aquatec limits its liability in respect of any claim, at Aquatec’s option to:

the cost of replacing the Goods; or
the cost of obtaining equivalent Goods; or
the cost of having the Goods repaired.

To the maximum extent permitted by applicable law, neither Aquatec, nor its Related Bodies Corporate, directors, officers, employees, agents, contractors, successors or assigns will be liable for any losses, costs or damages whether those damages are direct, indirect, punitive, incidental, special or consequential damages, arising out of or in any way related to:

the Goods;
the use of the Goods;
any information provided about the Goods;
any delay in delivery of the Goods;
personal injury or property damage of any nature resulting from the use of the Goods,

in any case whether based on actions arising in contract, tort or otherwise howsoever arising, including negligence.

Our liability to You for loss or damage of any kind arising out of these Terms and Conditions will be reduced or limited to the extent (if any) that You directly or indirectly cause or contribute to any of the loss or damage.
When participating in physical training or using the Goods, the end user risks the possibility of serious injury, disability or in some cases death. Use of our Goods is solely at the risk of the end user. Minors using the Goods should have constant, qualified, adult supervision. If you are not the ultimate end user of the Goods, you must inform the ultimate end user of these risks.
The Goods should not be used if they are not maintained in accordance with the manufacturer’s instructions or if they are modified, damaged, or improperly fitted as the condition or effectiveness of the product may diminish with time and use. Aquatec excludes liability for any loss or damage howsoever occasioned (including negligence) for a breach of this clause 9.8.
This clause 9 survives the termination of these Terms and Conditions.

10. Indemnity

You will at all times indemnify, and keep indemnified, Aquatec and Aquatec’s Related Bodies Corporate, directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses) or liability incurred or suffered by You or by us arising from any claim, demand, suit, action or proceeding by any person against You or us where such loss or liability arose out of, in connection with or in respect of Your conduct or any breach of these Terms and Conditions.
This clause 10 survives the termination of these Terms and Conditions.

11. Dispute resolution

If a dispute arises between You and Aquatec the following procedure applies:
A party may give another party a notice of the dispute and the dispute must be dealt with in accordance with the procedure set out in this clause.
A party must not commence legal proceedings (except proceedings seeking interlocutory relief) in respect of a dispute unless the dispute has been referred for resolution in accordance with this clause 11.
A party must not oppose any application for a stay of any legal proceedings that may be issued in respect of a dispute pending the completion or termination of the procedure set out in this paragraph.
If a dispute is notified, the dispute must immediately be referred to the parties’ respective senior management. Those representatives must endeavour to resolve the dispute as soon as possible and in any event within 20 Business Days (or other period as agreed).
Unless otherwise agreed by the parties, any dispute that cannot be settled by negotiation between the parties or their representatives, the parties expressly agree to endeavour to settle the dispute by mediation administered by Resolution Institute before having recourse to arbitration or litigation. The mediation must be conducted in accordance with the Resolution Institute’s rules which operate at the time the matter is referred to the Resolution Institute.
This clause 11 survives termination of these Terms and Conditions.

12. Promotions and Discounts

Aquatec may from time to time run promotions. Promotions are governed by their own additional terms and conditions which may vary these Terms and Conditions.

13. Warranties You make

You represent and warrant that:

You have capacity to enter into a contract with Aquatec and if You have agreed to this contract on behalf of another person, You warrant that You have the necessary power and authority to agree to this contract on their behalf and have taken all necessary action in order to agree to this contract;
in placing Your Order, You have read, understood and agreed to these Terms and Conditions; and
You have complied with all Laws.

14. Termination

Aquatec may terminate these Terms and Conditions and refuse to deliver any Order of Goods if:

You have failed to pay the Price or the Delivery Fee in full.
if You are a natural person, You commit an act of bankruptcy;
if You are a corporation, You are subject to:
- a petition being presented, an order being made or a meeting being called to consider a resolution for You to be wound up, deregistered or dissolved;
- a receiver, receiver and manager or an administrator under Part 5.3A of the Corporations Act 2001 being appointed to all or any part of Your property and undertaking;
- the entering of a scheme of arrangement (other than for the purpose of restructuring); and
- any assignment for the benefit of creditors; or
if You purport to assign Your rights under these Terms and Conditions without Aquatec’s prior written consent.
The exclusions and limitations of liability made by Us in these Terms and Conditions and the dispute resolution provisions will survive termination of the Terms and Conditions.

15. Miscellaneous

Aquatec may in its sole discretion amend these Terms and Conditions at any time before an Order is accepted. The Terms and Conditions which apply at the time of Order are those that govern Your relationship with Aquatec with respect to that Order.
These Terms and Conditions are governed by the laws of Queensland and each party irrevocably submits to the non-exclusive jurisdiction of the courts of that state.
These Terms and Conditions and any Quotes and written variations agreed to in writing by Aquatec represent the whole agreement between the parties relating to the subject matter of these terms.
These Terms and Conditions supersede all oral and written negotiations and communications by and on behalf of either of the parties.
In entering into these Terms and Conditions, You agree that You have not relied on any warranty, representation or statement, whether oral or written, made by Aquatec or any of its employees or agents relating to or in connection with the subject matter of these Terms and Conditions.
If any provision of these Terms and Conditions at any time is or becomes void, voidable or unenforceable, the remaining provisions will continue to have full force and effect.
A party’s failure or delay to exercise a power or right does not operate as a waiver of that power or right.
A notice or other communication required or permitted to be given by one party to another must be in writing to the address shown on the Quote (or as varied pursuant to this paragraph) and delivered personally, sent by pre-paid mail to the address of the addressee specified in the relevant Quote; sent by fax to the fax number of the addressee specified in the relevant Quote, with acknowledgment of receipt from the facsimile machine of the addressee or sent by email to the email address of the addressee specified in the relevant Quote with acknowledgement of delivery. All notices or other communications required or permitted to be given by one party to another must also refer to the quote number specified in the original quote in respect of the Goods provided by Aquatec.
A notice or other communication is taken to have been given (unless otherwise proved) if mailed, on the second Business Day after posting; or if sent by fax or email before 4 pm one Business Day at the place of receipt, on the day it is sent and otherwise on the next Business Day at the place of receipt.
A party may only change its postal or email address or fax number for service by giving notice of that change in writing to the other party.