Clear Pools Ltd
TERMS OF TRADE
TERMS OF TRADE
These Terms of Trade apply to all goods and services supplied by Clear Pools Ltd ("Clear Pools", "we", "us" or "our") to any customer ("Customer", "you" or "your"), unless otherwise agreed by us in writing.
By purchasing goods from Clear Pools, booking or requesting a service, accepting a quotation, authorising work to proceed, or asking Clear Pools to order goods or parts on your behalf, you agree to be bound by these Terms of Trade.
1. APPLICATION OF TERMS
1.1 These Terms apply to all goods and services supplied by Clear Pools, including but not limited to:
Retail sales;Pool and spa servicing;Pool valet services;Callout and repair work;Pool equipment supply and installation;Pool and spa maintenance;Special-order goods and parts; andAny other work or services supplied by Clear Pools.
1.2 If there is any conflict between these Terms and a written quotation or agreement issued by Clear Pools, the written quotation or agreement will apply to the extent of the inconsistency.
1.3 These Terms may only be changed by a written agreement authorised by Clear Pools.
2. QUOTATIONS, ESTIMATES AND VARIATIONS
2.1 Unless otherwise stated, quotations provided by Clear Pools are valid for 30 days from the date of the quotation.
2.2 A quotation is based on the information available to Clear Pools and the visible condition of the site, pool, spa or equipment at the time the quotation is prepared.
2.3 If additional work, materials, labour or costs are required due to unforeseen, hidden or pre-existing conditions, incorrect information, changes requested by the Customer, or circumstances outside the scope of the original quotation, Clear Pools may provide the Customer with a variation or additional charge.
2.4 Where reasonably practicable, Clear Pools will discuss any significant additional work or costs with the Customer before proceeding.
2.5 Where urgent work is required to prevent damage, protect equipment or ensure safety, the Customer authorises Clear Pools to carry out reasonable additional work where it is not reasonably practicable to obtain prior approval.
2.6 An estimate is an approximate indication of the likely cost only and is not a fixed quotation unless expressly stated otherwise in writing.
3. PRICING AND GST
3.1 Prices for goods and services are as stated in the applicable quotation, invoice, price list or otherwise advised by Clear Pools.
3.2 Unless expressly stated otherwise, all prices are in New Zealand dollars and are inclusive of GST.
3.3 Clear Pools may change its prices, labour rates, travel charges and product prices from time to time.
3.4 Any price changes will not alter an accepted written quotation unless:
the Customer requests a variation;additional work or materials are required;the quotation specifically allows for a price adjustment; orthe Customer agrees to the change.
3.5 A surcharge of 2.5% may apply to payments made in-store by credit card or PayWave, where permitted by law. Any applicable surcharge will be disclosed before payment is made.
4. DEPOSITS AND SPECIAL-ORDER GOODS
4.1 Clear Pools may require a deposit or payment in full before commencing work, ordering goods or purchasing parts on behalf of the Customer.
4.2 Deposits may be required for, including but not limited to:
Special-order parts;Custom-made goods;Pool liners;Pool and spa equipment;High-value goods;Goods ordered specifically for the Customer; andLarger repair or installation projects.
4.3 The required deposit will be advised to the Customer before the order is placed or work is commenced.
4.4 Clear Pools is not required to order goods, parts or materials, or commence work, until any required deposit has been received.
4.5 If goods or parts have been ordered specifically for the Customer and cannot reasonably be cancelled, returned, reused or credited by the supplier, the Customer remains responsible for the reasonable cost of those goods or parts.
4.6 Any deposit paid may be applied towards those costs where the Customer cancels the work or order.
5. PAYMENT TERMS
5.1 RETAIL PURCHASES
Unless otherwise agreed, goods purchased in-store must be paid for at the time of purchase.
5.2 INVOICED ACCOUNTS
Invoices are due for payment within 7 days of the invoice date, unless another payment date is clearly stated on the invoice or agreed by Clear Pools in writing.
5.3 Payment must be made by the due date without deduction, set-off or withholding unless required by law.
5.4 Clear Pools may require payment in advance, a deposit, or payment before completion of work where:
the Customer has overdue amounts;the work involves significant materials or special-order goods;Clear Pools considers the work to be high value; orClear Pools otherwise reasonably requires payment security.
5.5 Clear Pools may withhold further services, work, deliveries or the ordering of parts until overdue amounts have been paid in full.
6. OVERDUE ACCOUNTS AND DEBT RECOVERY
6.1 If any amount remains unpaid after its due date, Clear Pools may charge interest on the overdue amount at the rate of 2.5% per month, calculated from the due date until payment is received in full.
6.2 Clear Pools may also charge the Customer for any reasonable costs incurred in recovering overdue amounts, including debt collection costs, legal costs and administrative costs.
6.3 If an account remains unpaid, Clear Pools may refer the matter to a debt collection agency or take other reasonable steps to recover the outstanding amount.
6.4 The Customer remains liable for the outstanding debt together with any reasonable recovery costs incurred by Clear Pools.
7. CALLOUT, TRAVEL AND LABOUR CHARGES
7.1 A callout fee may apply to each visit by Clear Pools to the Customer's property.
7.2 The callout fee applies for Clear Pools attending the property and may be charged regardless of the time taken to carry out the initial inspection or work.
7.3 Additional labour, materials, parts and other charges may apply depending on the work required.
7.4 Travel charges may apply in addition to the callout fee.
7.5 Travel charges may vary depending on the distance travelled and the location of the Customer's property.
7.6 Where applicable, Clear Pools will advise the Customer of relevant callout, travel or labour charges before work proceeds where reasonably practicable.
8. CANCELLATIONS AND RESCHEDULING
8.1 If the Customer wishes to cancel or reschedule a booked service, appointment, pool valet, spa service or callout, the Customer must provide Clear Pools with reasonable notice.
8.2 Where an appointment is cancelled or rescheduled within 12 hours of the scheduled appointment time, Clear Pools may charge a cancellation fee of the travel cost + 50% of the average fee.
8.3 The cancellation fee is intended to reasonably compensate Clear Pools for time and resources reserved for the appointment and any costs incurred as a result of the late cancellation.
8.4 If Clear Pools has ordered goods or parts specifically for the Customer, cancellation of the job does not remove the Customer's responsibility to pay for reasonable costs already incurred by Clear Pools.
8.5 Where a special-order part or product cannot be cancelled, returned or credited, the Customer may be required to pay the outstanding cost of that item.
8.6 If a cancellation occurs within 12 hours of the scheduled appointment and Clear Pools has also incurred non-recoverable costs for specially ordered goods or parts, both the reasonable cancellation charge and the reasonable cost of those goods or parts may apply.
9. POOL VALET SERVICES
9.1 Clear Pools offers pool valet services on weekly, fortnightly and four-weekly schedules, depending on the service agreed with the Customer.
9.2 Unless otherwise agreed:Summer servicing may operate on a fortnightly schedule from October to March; andWinter servicing may operate on a four-weekly schedule from April to September.
9.3 The actual servicing schedule may vary depending on the Customer's location, pool requirements, public holidays, weather conditions, staff availability and operational requirements.
9.4 A Customer on a four-weekly schedule may occasionally receive two services within the same calendar month depending on the dates on which the four-weekly cycle falls. The service frequency is based on a four-week cycle, not the number of visits in a calendar month.
9.5 If the Customer requests a change to their regular service schedule, Clear Pools will make reasonable efforts to accommodate the request. Any permanent change will take effect from the next available service cycle unless otherwise agreed.
9.6 The Customer must provide Clear Pools with reasonable access to the pool, spa and relevant equipment on the scheduled service date.
9.7 If Clear Pools cannot access the property or equipment at the scheduled time through no fault of Clear Pools, a callout or service charge may still apply.
10. CUSTOMER RESPONSIBILITIES AND SITE ACCESS
10.1 The Customer is responsible for providing Clear Pools with safe and reasonable access to the property, pool, spa and relevant equipment.
10.2 The Customer must advise Clear Pools of any known hazards, defects, access restrictions or other circumstances that may affect the safety or completion of the work.
10.3 The Customer is responsible for ensuring pets are appropriately secured where necessary for the safety of Clear Pools staff and contractors.
10.4 Where required for the work, the Customer must provide reasonable access to water, electricity and other services necessary for Clear Pools to perform the agreed work.
10.5 Clear Pools may suspend or refuse to commence work where conditions are unsafe or where safe access cannot reasonably be provided.
11. POOL AND EQUIPMENT INSTALLATION
11.1 Where Clear Pools supplies or installs filters, pumps, ozone systems, chlorination systems, heat pumps or other pool equipment, the Customer is responsible for ensuring that the installation location is suitable for the equipment.
11.2 Where required by the manufacturer or the nature of the equipment, the Customer must provide suitable protection or shelter for equipment.
11.3 Equipment must be installed and operated in accordance with applicable manufacturer requirements.
11.4 For best performance, heat pumps must be installed in a location with adequate airflow.
11.5 Heat pumps should not be installed in an enclosed or unsuitable area where discharged cold air may recirculate back through the unit.
11.6 Clear Pools is not responsible for reduced performance, damage or premature equipment failure caused by unsuitable site conditions, inadequate shelter, restricted airflow, incorrect use, lack of maintenance or conditions outside Clear Pools' control.
12. GOODS AND TITLE
12.1 All goods supplied by Clear Pools remain the property of Clear Pools until all amounts owing for those goods have been paid in full.
12.2 Until payment has been made in full, the Customer must take reasonable care of the goods.
12.3 Nothing in this clause limits any rights Clear Pools may have under applicable law in relation to unpaid goods.
13. PRE-EXISTING AND UNFORESEEN CONDITIONS
13.1 Clear Pools may identify additional issues, defects or conditions after work has commenced that were not visible or reasonably identifiable during an initial inspection or when preparing a quotation.
13.2 Examples may include:
Water damage;Ground movement;Deteriorated pool surfaces;Hidden leaks;Structural issues;Damaged or incorrectly installed equipment;Previous poor workmanship;Deteriorated plumbing;Electrical faults;Hidden defects; orOther unforeseen site conditions.
13.3 Clear Pools will not be responsible for pre-existing defects or conditions that were not caused by Clear Pools.
13.4 If additional work is required as a result of an unforeseen condition, Clear Pools may provide the Customer with a variation or additional charge in accordance with clause 2.
14. DELAYS AND EVENTS BEYOND OUR CONTROL
14.1 Clear Pools will use reasonable efforts to carry out work and provide goods within expected timeframes.
14.2 Clear Pools is not responsible for delays caused by circumstances beyond its reasonable control, including:
Severe or unsuitable weather;Freight or courier delays;Supplier delays;Product shortages;Unavailability of materials;Delays caused by third parties;Site access issues;Unforeseen site conditions;Equipment failures outside Clear Pools' control;Regulatory or council delays; orOther events beyond Clear Pools' reasonable control. 14.3 Where such a delay occurs, Clear Pools will make reasonable efforts to keep the Customer informed and resume or complete the work as soon as reasonably practicable.
14.4 Any estimated start date or completion date is an estimate unless Clear Pools expressly agrees otherwise in writing.
15. PRIVACY AND CUSTOMER INFORMATION
15.1 Clear Pools may collect and retain information reasonably necessary to provide goods and services to the Customer, including customer contact details, property information, pool and spa information, equipment details, service records and payment information.
15.2 Clear Pools may take photographs or other records of pools, spas, equipment and work areas for legitimate business purposes, including:
Preparing quotations;Recording pre-existing conditions;Diagnosing faults;Planning work;Recording work completed;Warranty and service records;Maintenance history;Training; andResolving complaints or disputes.
15.3 Such information and photographs may be retained in Clear Pools' business records and customer database.
15.4 Clear Pools will handle personal information in accordance with applicable privacy law and its Privacy Policy.
15.5 Where a photograph identifies a Customer, their family or other personal information, Clear Pools will obtain any consent required before using that photograph for advertising, marketing or promotional purposes.
15.6 Clear Pools may retain customer and service records for legitimate business, accounting, legal and record-keeping purposes.
16. WARRANTIES AND CONSUMER RIGHTS
16.1 Nothing in these Terms is intended to limit or exclude any rights or remedies that the Customer may have under the Consumer Guarantees Act 1993, the Fair Trading Act 1986 or any other applicable law where those rights cannot lawfully be excluded or limited.
16.2 Manufacturer warranties may apply to goods supplied by Clear Pools in accordance with the relevant manufacturer's warranty terms.
16.3 Where a Customer purchases goods or services for business purposes, Clear Pools and the Customer may agree in writing, where permitted by law, to contract out of certain provisions of the Consumer Guarantees Act 1993.
17. COMPLAINTS AND CONCERNS
17.1 If the Customer has a concern regarding goods or services supplied by Clear Pools, the Customer should notify Clear Pools as soon as reasonably possible.
17.2 The Customer must provide Clear Pools with a reasonable opportunity to inspect the relevant goods, equipment or work before arranging for another person to carry out remedial work, except where immediate action is reasonably necessary to prevent injury or further damage.
17.3 Clear Pools will investigate reasonable concerns and work with the Customer to address any issue in accordance with its legal obligations.
18. STORE CREDIT
18.1 Any store credit issued by Clear Pools is subject to the terms advised at the time the credit is issued.
18.2 Store credit arising from a returned product, adjustment or other account credit may only be used in accordance with the conditions under which it was issued.
18. Purchased gift cards or vouchers, if offered by Clear Pools, will be subject to the terms and minimum validity periods required by applicable New Zealand law.
19. GENERAL
19.1 These Terms apply whenever the Customer purchases goods or services from Clear Pools unless otherwise agreed by Clear Pools in writing.
19.2 The Customer accepts these Terms by:
Booking or scheduling a service;Requesting Clear Pools to carry out work;Accepting a quotation;Purchasing goods;Authorising Clear Pools to order goods or parts on the Customer's behalf;Paying a deposit; orOtherwise instructing Clear Pools to proceed with the supply of goods or services.
19.3 If any provision of these Terms is found to be invalid or unenforceable, that provision will be modified or removed to the extent necessary, and the remaining provisions will continue to apply.
19.4 Clear Pools' failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other right.
19.5 These Terms are governed by the laws of New Zealand.
CUSTOMER ACKNOWLEDGEMENT
By purchasing goods, booking a service, accepting a quotation, authorising work, paying a deposit, or instructing Clear Pools Ltd to proceed, the Customer acknowledges that they have had the opportunity to read and understand these Terms of Trade and agree to be bound by them.
These Terms of Trade apply to all goods and services supplied by Clear Pools Ltd ("Clear Pools", "we", "us" or "our") to any customer ("Customer", "you" or "your"), unless otherwise agreed by us in writing.
By purchasing goods from Clear Pools, booking or requesting a service, accepting a quotation, authorising work to proceed, or asking Clear Pools to order goods or parts on your behalf, you agree to be bound by these Terms of Trade.
1. APPLICATION OF TERMS
1.1 These Terms apply to all goods and services supplied by Clear Pools, including but not limited to:
Retail sales;Pool and spa servicing;Pool valet services;Callout and repair work;Pool equipment supply and installation;Pool and spa maintenance;Special-order goods and parts; andAny other work or services supplied by Clear Pools.
1.2 If there is any conflict between these Terms and a written quotation or agreement issued by Clear Pools, the written quotation or agreement will apply to the extent of the inconsistency.
1.3 These Terms may only be changed by a written agreement authorised by Clear Pools.
2. QUOTATIONS, ESTIMATES AND VARIATIONS
2.1 Unless otherwise stated, quotations provided by Clear Pools are valid for 30 days from the date of the quotation.
2.2 A quotation is based on the information available to Clear Pools and the visible condition of the site, pool, spa or equipment at the time the quotation is prepared.
2.3 If additional work, materials, labour or costs are required due to unforeseen, hidden or pre-existing conditions, incorrect information, changes requested by the Customer, or circumstances outside the scope of the original quotation, Clear Pools may provide the Customer with a variation or additional charge.
2.4 Where reasonably practicable, Clear Pools will discuss any significant additional work or costs with the Customer before proceeding.
2.5 Where urgent work is required to prevent damage, protect equipment or ensure safety, the Customer authorises Clear Pools to carry out reasonable additional work where it is not reasonably practicable to obtain prior approval.
2.6 An estimate is an approximate indication of the likely cost only and is not a fixed quotation unless expressly stated otherwise in writing.
3. PRICING AND GST
3.1 Prices for goods and services are as stated in the applicable quotation, invoice, price list or otherwise advised by Clear Pools.
3.2 Unless expressly stated otherwise, all prices are in New Zealand dollars and are inclusive of GST.
3.3 Clear Pools may change its prices, labour rates, travel charges and product prices from time to time.
3.4 Any price changes will not alter an accepted written quotation unless:
the Customer requests a variation;additional work or materials are required;the quotation specifically allows for a price adjustment; orthe Customer agrees to the change.
3.5 A surcharge of 2.5% may apply to payments made in-store by credit card or PayWave, where permitted by law. Any applicable surcharge will be disclosed before payment is made.
4. DEPOSITS AND SPECIAL-ORDER GOODS
4.1 Clear Pools may require a deposit or payment in full before commencing work, ordering goods or purchasing parts on behalf of the Customer.
4.2 Deposits may be required for, including but not limited to:
Special-order parts;Custom-made goods;Pool liners;Pool and spa equipment;High-value goods;Goods ordered specifically for the Customer; andLarger repair or installation projects.
4.3 The required deposit will be advised to the Customer before the order is placed or work is commenced.
4.4 Clear Pools is not required to order goods, parts or materials, or commence work, until any required deposit has been received.
4.5 If goods or parts have been ordered specifically for the Customer and cannot reasonably be cancelled, returned, reused or credited by the supplier, the Customer remains responsible for the reasonable cost of those goods or parts.
4.6 Any deposit paid may be applied towards those costs where the Customer cancels the work or order.
5. PAYMENT TERMS
5.1 RETAIL PURCHASES
Unless otherwise agreed, goods purchased in-store must be paid for at the time of purchase.
5.2 INVOICED ACCOUNTS
Invoices are due for payment within 7 days of the invoice date, unless another payment date is clearly stated on the invoice or agreed by Clear Pools in writing.
5.3 Payment must be made by the due date without deduction, set-off or withholding unless required by law.
5.4 Clear Pools may require payment in advance, a deposit, or payment before completion of work where:
the Customer has overdue amounts;the work involves significant materials or special-order goods;Clear Pools considers the work to be high value; orClear Pools otherwise reasonably requires payment security.
5.5 Clear Pools may withhold further services, work, deliveries or the ordering of parts until overdue amounts have been paid in full.
6. OVERDUE ACCOUNTS AND DEBT RECOVERY
6.1 If any amount remains unpaid after its due date, Clear Pools may charge interest on the overdue amount at the rate of 2.5% per month, calculated from the due date until payment is received in full.
6.2 Clear Pools may also charge the Customer for any reasonable costs incurred in recovering overdue amounts, including debt collection costs, legal costs and administrative costs.
6.3 If an account remains unpaid, Clear Pools may refer the matter to a debt collection agency or take other reasonable steps to recover the outstanding amount.
6.4 The Customer remains liable for the outstanding debt together with any reasonable recovery costs incurred by Clear Pools.
7. CALLOUT, TRAVEL AND LABOUR CHARGES
7.1 A callout fee may apply to each visit by Clear Pools to the Customer's property.
7.2 The callout fee applies for Clear Pools attending the property and may be charged regardless of the time taken to carry out the initial inspection or work.
7.3 Additional labour, materials, parts and other charges may apply depending on the work required.
7.4 Travel charges may apply in addition to the callout fee.
7.5 Travel charges may vary depending on the distance travelled and the location of the Customer's property.
7.6 Where applicable, Clear Pools will advise the Customer of relevant callout, travel or labour charges before work proceeds where reasonably practicable.
8. CANCELLATIONS AND RESCHEDULING
8.1 If the Customer wishes to cancel or reschedule a booked service, appointment, pool valet, spa service or callout, the Customer must provide Clear Pools with reasonable notice.
8.2 Where an appointment is cancelled or rescheduled within 12 hours of the scheduled appointment time, Clear Pools may charge a cancellation fee of the travel cost + 50% of the average fee.
8.3 The cancellation fee is intended to reasonably compensate Clear Pools for time and resources reserved for the appointment and any costs incurred as a result of the late cancellation.
8.4 If Clear Pools has ordered goods or parts specifically for the Customer, cancellation of the job does not remove the Customer's responsibility to pay for reasonable costs already incurred by Clear Pools.
8.5 Where a special-order part or product cannot be cancelled, returned or credited, the Customer may be required to pay the outstanding cost of that item.
8.6 If a cancellation occurs within 12 hours of the scheduled appointment and Clear Pools has also incurred non-recoverable costs for specially ordered goods or parts, both the reasonable cancellation charge and the reasonable cost of those goods or parts may apply.
9. POOL VALET SERVICES
9.1 Clear Pools offers pool valet services on weekly, fortnightly and four-weekly schedules, depending on the service agreed with the Customer.
9.2 Unless otherwise agreed:Summer servicing may operate on a fortnightly schedule from October to March; andWinter servicing may operate on a four-weekly schedule from April to September.
9.3 The actual servicing schedule may vary depending on the Customer's location, pool requirements, public holidays, weather conditions, staff availability and operational requirements.
9.4 A Customer on a four-weekly schedule may occasionally receive two services within the same calendar month depending on the dates on which the four-weekly cycle falls. The service frequency is based on a four-week cycle, not the number of visits in a calendar month.
9.5 If the Customer requests a change to their regular service schedule, Clear Pools will make reasonable efforts to accommodate the request. Any permanent change will take effect from the next available service cycle unless otherwise agreed.
9.6 The Customer must provide Clear Pools with reasonable access to the pool, spa and relevant equipment on the scheduled service date.
9.7 If Clear Pools cannot access the property or equipment at the scheduled time through no fault of Clear Pools, a callout or service charge may still apply.
10. CUSTOMER RESPONSIBILITIES AND SITE ACCESS
10.1 The Customer is responsible for providing Clear Pools with safe and reasonable access to the property, pool, spa and relevant equipment.
10.2 The Customer must advise Clear Pools of any known hazards, defects, access restrictions or other circumstances that may affect the safety or completion of the work.
10.3 The Customer is responsible for ensuring pets are appropriately secured where necessary for the safety of Clear Pools staff and contractors.
10.4 Where required for the work, the Customer must provide reasonable access to water, electricity and other services necessary for Clear Pools to perform the agreed work.
10.5 Clear Pools may suspend or refuse to commence work where conditions are unsafe or where safe access cannot reasonably be provided.
11. POOL AND EQUIPMENT INSTALLATION
11.1 Where Clear Pools supplies or installs filters, pumps, ozone systems, chlorination systems, heat pumps or other pool equipment, the Customer is responsible for ensuring that the installation location is suitable for the equipment.
11.2 Where required by the manufacturer or the nature of the equipment, the Customer must provide suitable protection or shelter for equipment.
11.3 Equipment must be installed and operated in accordance with applicable manufacturer requirements.
11.4 For best performance, heat pumps must be installed in a location with adequate airflow.
11.5 Heat pumps should not be installed in an enclosed or unsuitable area where discharged cold air may recirculate back through the unit.
11.6 Clear Pools is not responsible for reduced performance, damage or premature equipment failure caused by unsuitable site conditions, inadequate shelter, restricted airflow, incorrect use, lack of maintenance or conditions outside Clear Pools' control.
12. GOODS AND TITLE
12.1 All goods supplied by Clear Pools remain the property of Clear Pools until all amounts owing for those goods have been paid in full.
12.2 Until payment has been made in full, the Customer must take reasonable care of the goods.
12.3 Nothing in this clause limits any rights Clear Pools may have under applicable law in relation to unpaid goods.
13. PRE-EXISTING AND UNFORESEEN CONDITIONS
13.1 Clear Pools may identify additional issues, defects or conditions after work has commenced that were not visible or reasonably identifiable during an initial inspection or when preparing a quotation.
13.2 Examples may include:
Water damage;Ground movement;Deteriorated pool surfaces;Hidden leaks;Structural issues;Damaged or incorrectly installed equipment;Previous poor workmanship;Deteriorated plumbing;Electrical faults;Hidden defects; orOther unforeseen site conditions.
13.3 Clear Pools will not be responsible for pre-existing defects or conditions that were not caused by Clear Pools.
13.4 If additional work is required as a result of an unforeseen condition, Clear Pools may provide the Customer with a variation or additional charge in accordance with clause 2.
14. DELAYS AND EVENTS BEYOND OUR CONTROL
14.1 Clear Pools will use reasonable efforts to carry out work and provide goods within expected timeframes.
14.2 Clear Pools is not responsible for delays caused by circumstances beyond its reasonable control, including:
Severe or unsuitable weather;Freight or courier delays;Supplier delays;Product shortages;Unavailability of materials;Delays caused by third parties;Site access issues;Unforeseen site conditions;Equipment failures outside Clear Pools' control;Regulatory or council delays; orOther events beyond Clear Pools' reasonable control. 14.3 Where such a delay occurs, Clear Pools will make reasonable efforts to keep the Customer informed and resume or complete the work as soon as reasonably practicable.
14.4 Any estimated start date or completion date is an estimate unless Clear Pools expressly agrees otherwise in writing.
15. PRIVACY AND CUSTOMER INFORMATION
15.1 Clear Pools may collect and retain information reasonably necessary to provide goods and services to the Customer, including customer contact details, property information, pool and spa information, equipment details, service records and payment information.
15.2 Clear Pools may take photographs or other records of pools, spas, equipment and work areas for legitimate business purposes, including:
Preparing quotations;Recording pre-existing conditions;Diagnosing faults;Planning work;Recording work completed;Warranty and service records;Maintenance history;Training; andResolving complaints or disputes.
15.3 Such information and photographs may be retained in Clear Pools' business records and customer database.
15.4 Clear Pools will handle personal information in accordance with applicable privacy law and its Privacy Policy.
15.5 Where a photograph identifies a Customer, their family or other personal information, Clear Pools will obtain any consent required before using that photograph for advertising, marketing or promotional purposes.
15.6 Clear Pools may retain customer and service records for legitimate business, accounting, legal and record-keeping purposes.
16. WARRANTIES AND CONSUMER RIGHTS
16.1 Nothing in these Terms is intended to limit or exclude any rights or remedies that the Customer may have under the Consumer Guarantees Act 1993, the Fair Trading Act 1986 or any other applicable law where those rights cannot lawfully be excluded or limited.
16.2 Manufacturer warranties may apply to goods supplied by Clear Pools in accordance with the relevant manufacturer's warranty terms.
16.3 Where a Customer purchases goods or services for business purposes, Clear Pools and the Customer may agree in writing, where permitted by law, to contract out of certain provisions of the Consumer Guarantees Act 1993.
17. COMPLAINTS AND CONCERNS
17.1 If the Customer has a concern regarding goods or services supplied by Clear Pools, the Customer should notify Clear Pools as soon as reasonably possible.
17.2 The Customer must provide Clear Pools with a reasonable opportunity to inspect the relevant goods, equipment or work before arranging for another person to carry out remedial work, except where immediate action is reasonably necessary to prevent injury or further damage.
17.3 Clear Pools will investigate reasonable concerns and work with the Customer to address any issue in accordance with its legal obligations.
18. STORE CREDIT
18.1 Any store credit issued by Clear Pools is subject to the terms advised at the time the credit is issued.
18.2 Store credit arising from a returned product, adjustment or other account credit may only be used in accordance with the conditions under which it was issued.
18. Purchased gift cards or vouchers, if offered by Clear Pools, will be subject to the terms and minimum validity periods required by applicable New Zealand law.
19. GENERAL
19.1 These Terms apply whenever the Customer purchases goods or services from Clear Pools unless otherwise agreed by Clear Pools in writing.
19.2 The Customer accepts these Terms by:
Booking or scheduling a service;Requesting Clear Pools to carry out work;Accepting a quotation;Purchasing goods;Authorising Clear Pools to order goods or parts on the Customer's behalf;Paying a deposit; orOtherwise instructing Clear Pools to proceed with the supply of goods or services.
19.3 If any provision of these Terms is found to be invalid or unenforceable, that provision will be modified or removed to the extent necessary, and the remaining provisions will continue to apply.
19.4 Clear Pools' failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other right.
19.5 These Terms are governed by the laws of New Zealand.
CUSTOMER ACKNOWLEDGEMENT
By purchasing goods, booking a service, accepting a quotation, authorising work, paying a deposit, or instructing Clear Pools Ltd to proceed, the Customer acknowledges that they have had the opportunity to read and understand these Terms of Trade and agree to be bound by them.
