Terms and conditions of Trade

1.1 “Acqua Pool and Spa Ltd” means Acqua Pool and Spa Ltd, its successors, assigns, or any person acting on its behalf and with its authority.
1.2 “Client” means the person(s) or entity described in any quotation, work authorization, or other form provided by Acqua Pool and Spa Ltd.
1.3 “Guarantor” means the person(s) who agrees to be liable for the Client’s debts as a principal debtor.
1.4 “Goods” means all products supplied by Acqua Pool and Spa Ltd to the Client (including any services provided as defined below), as described in invoices, quotations, or other forms.
1.5 “Services” means all services, advice, or recommendations provided by Acqua Pool and Spa Ltd to the Client (including supply of Goods where applicable).
1.6 “Price” means the amount payable for the Goods as agreed between Acqua Pool and Spa Ltd and the Client under clause 3.

2.1 Any instructions received by Acqua Pool and Spa Ltd for the supply of Goods or the Client’s acceptance of the Goods constitute agreement to these Terms and Conditions.
2.2 If multiple Clients are involved, all are jointly and severally liable for payment.
2.3 Once accepted, these Terms and Conditions can only be amended with Acqua Pool and Spa Ltd’s written consent.
2.4 The Client must provide at least 14 days’ prior written notice of changes to ownership, business details, or contact information. The Client is liable for any loss resulting from failure to comply.
2.5 Goods are supplied solely under these Terms, regardless of any conflicting terms in the Client’s purchase order.

3.1 At Acqua Pool and Spa Ltd’s discretion, the Price shall be:
3.1.1 As indicated on Acqua Pool and Spa Ltd’s invoices; or
3.1.2 As per Acqua Pool and Spa Ltd’s quotation, provided the Client accepts it in writing within 30 days.
3.1.3 Payment terms may require payment:
On delivery;
Before delivery; or
20 days following the end of the month in which a statement is issued (for approved Clients).
3.2 Accepted payment methods include cash, cheque, bank cheque, direct credit, or as agreed with Acqua Pool and Spa Ltd.
3.3 Prices are exclusive of GST and other taxes unless otherwise stated.

4.1 Delivery occurs when the Client collects the Goods from Acqua Pool and Spa Ltd’s premises unless otherwise agreed.
4.2 Failure to deliver does not void the contract.
4.3 Acqua Pool and Spa Ltd is not liable for delays or failures caused by factors beyond its control.

5.1 Risk transfers to the Client upon delivery, regardless of ownership.
5.2 If Goods are damaged after delivery but before ownership transfers, Acqua Pool and Spa Ltd is entitled to insurance proceeds.

6.1 Ownership of Goods remains with Acqua Pool and Spa Ltd until full payment is received.
6.2 If the Client fails to return Goods, Acqua Pool and Spa Ltd may repossess them without liability for resulting losses.

7.1 The Client acknowledges that these Terms constitute a security agreement under the PPSA, and Acqua Pool and Spa Ltd retains a security interest in all Goods supplied.
7.2 The Client agrees to:
Provide necessary information to register Acqua Pool and Spa Ltd’s security interest;
Reimburse Acqua Pool and Spa Ltd for related expenses.

8.1 To secure obligations under these Terms, the Client and/or Guarantor agree to mortgage/charge their property or assets in Acqua Pool and Spa Ltd’s favor.

9.1 The Client acknowledges that the Goods are bought relying solely upon the Client’s skill and judgment.

10.1 The Client must inspect Goods on delivery and notify Acqua Pool and Spa Ltd in writing of any defects within seven (7) days.
10.2 For defective Goods, Acqua Pool and Spa Ltd’s liability is limited to replacement or repair.

11.1 Returns will only be accepted if agreed in writing by Acqua Pool and Spa Ltd and the Goods are returned at the Client’s cost within seven (7) days.

12.1 Interest on overdue invoices shall accrue daily at 2.5% per calendar month.
12.2 The Client indemnifies Acqua Pool and Spa Ltd from all costs incurred in recovering outstanding payments.

13.1 Acqua Pool and Spa Ltd may cancel any contract before delivery by giving written notice.

14.1 The Client agrees that Acqua Pool and Spa Ltd may obtain a credit report on the Client and exchange credit information.

General

15.1 These Terms are governed by the laws of New Zealand.
15.2 Acqua Pool and Spa Ltd may review and amend these Terms at any time.
15.3 Neither party shall be liable for any default due to events beyond their reasonable control.

16.1 All intellectual property created by Acqua Pool and Spa Ltd remains its exclusive property.

17.1 The Client agrees to maintain strict confidentiality of all proprietary information obtained from Acqua Pool and Spa Ltd.

18.1 The Client agrees to indemnify Acqua Pool and Spa Ltd against claims arising from the Client’s actions.

19.1 Disputes shall first be attempted to be resolved through mediation. If unsuccessful, arbitration will follow under New Zealand law.

20.1 Acqua Pool and Spa Ltd’s liability shall be limited to the amount paid for the Goods or Services.

21.1 The Client agrees to comply with all applicable health and safety regulations.

22.1 The Client is responsible for obtaining appropriate insurance coverage.

23.1 Acqua Pool and Spa Ltd may use subcontractors to provide Goods or Services.

24.1 The Client agrees to reimburse Acqua Pool and Spa Ltd for all legal fees and collection costs incurred in recovering unpaid debts.