Terms and Conditions – Purewater Products

TERMS OF TRADE

Definitions

In this Agreement the following defined terms apply:

Customer: The individual or entity purchasing goods or services from Purewater Products NZ

Company: Secede Ltd T/A Purewater Products NZ

Price: The price of the Products and/or Services payable by the Customer to the Company under this Agreement.

Products: All parts supplied including, but not limited to, filters, housings, membranes, cartridges, etc.

Services: All installation, commissioning, maintenance, repair, testing and consultancy work performed.

Applicability

These Terms set out all the terms and conditions that apply to Products and Services that the Company supplies to the Customer.
The Customer agrees and acknowledges that the terms and conditions contained in this Agreement are deemed accepted by the Customer upon order or use of any Products, the booking of any Services and/or the payment of any deposit required.
Any variation must be agreed in writing by an authorised Company representative.
The Customer’s terms are excluded unless expressly accepted in writing by the Company.
In the event the Customer is a company, trust, partnership or any other form of legal entity, the person executing this Agreement confirms that he/she/them/they have the authority to legally bind such entity.
These Terms shall apply unless superseded by a client-specific agreement executed by both parties.

Products and Services

Quotations
- Quotations are valid for 30 days from issue, subject to stock availability and unchanged supplier costs. Upon expiry, all quotes are null and void and subject to reissue at current market pricing.
- Quotes are based on standard installation conditions. Additional work required due to site-specific issues will incur extra charges.
- Acceptance of quotations must be confirmed in writing. A deposit may be required before Products are dispatched or Services commence.
Order process
- All orders are subject to acceptance by the Company. The Company may accept an order (in whole or in part) by issuing an invoice for the applicable Products and Services, delivering the Products and Services or otherwise confirming the order in writing.
- The Company are under no obligation to enquire as to the authority of any person placing an order on the Customers behalf.
- The Customer may request variations to orders. However, acceptance is at the Company’s discretion and is subject to the Company’s approval in writing.
Delivery
- The Company will use reasonable efforts to deliver Products and provide Services on the delivery date specified in the relevant order. However, unless expressly agreed otherwise, the delivery date is indicative only.
- The Customer may collect the Products at the Company’s premises, or the Company may deliver the Products and provide the Services at the delivery location set out in the relevant order.
- If the Customer requests that the Company leave the Products outside the Customers premises or to deliver the Products to an unattended location, then the Products shall be left at the Customers sole risk. In the event that the Products are lost, damaged or destroyed then replacement of the Products shall be at the Customers expense.
- Subject to clause 30, if the delivery location is at the Customers premises, the Customer must provide the Company’s representatives with suitable access to the Customers premises during normal business hours, together with any assistance reasonably required by the Company’s representatives to deliver the Products and perform the Services.
- Additional fees may apply for unscheduled visits.
Supply of Products
- The Company may deliver orders in instalments (unless agreed otherwise).
- If the Customer delays, fails or refuse to accept delivery of the Products or Services, the Products will be treated as delivered when the Company were willing and able to deliver the Products or Service. Without affecting any other rights the Company may have, the Company may charge the Customer for any reasonable expenses or additional costs incurred as a result of the delay, failure or refusal to accept delivery (including storage).
- The Customer is responsible for ensuring that any instructions, recommended uses, applications and installation methods are followed for Products and any cautions and/or warnings are observed.
Defects
- The Customer shall inspect the Products on the date of delivery and notify the Company of any alleged defect or damage or incorrect products or quantity (Defects). Upon request, the Customer must allow the Company to inspect, or return to the Company, any defective or damaged Products. The Customer should notify the Company of any alleged Defects as soon as possible to enable the Company to confirm that any Defects occurred before delivery to the Customer.
- If there are any defects in an order, the remedies set out in clause 33 will apply.
Cancellation
- The Company will not accept cancellation of any order for Products made to the Customer’s specifications, or for non-stocklist items, after the order has been accepted by the Company.
- If the Company is unable to deliver any Products or Services to the Customer, due to reasons beyond reasonable control, the Company may cancel the order (in whole or in respect of any instalment) by giving written notice to the Customer. The Company will repay any amount the Customer have paid in advance for the relevant Products and/or Services. The Company will not be liable for any loss or damage arising from such cancellation.
Warranties
- The Company warrants that all services provided will be carried out with reasonable care and skill, in accordance with industry standards and applicable regulations.
- Goods Warranty: Manufacturer’s warranty applies (up to 12 months specific to each product) from the date of purchase.
- Service Warranty: Workmanship warranty is valid for a period of 90 days from the date of completion. Emergency callouts or remedial work outside this period will be charged at the Company’s standard labour and call-out rates.
- Excludes failures due to misuse, improper maintenance, unauthorised modifications, or external factors.
- This warranty is in addition to, and does not limit, the Customer rights under the Consumer Guarantees Act 1993. Consumers are entitled to remedies under the Act if services fail to meet the statutory guarantees.

Installation

Scope of work
- The Company will install the System as specified in the quotation, including unpacking, positioning, securing, connecting to existing plumbing and electrical points, and commissioning the system.
Customer Obligations
Prior to installation the Customer must ensure:
- Suitable access to the Customer’s premises in all weather conditions for the vehicles and equipment that the Company will need to use in carrying out such installation.
- Availability and code-compliance of power, water, drainage and any other utilities.
- Completion of all preparatory works (electrical, plumbing or structural modifications).
- Obtaining any required permits, approvals or site inductions.
Scheduling and Rescheduling
- The Company will propose an installation suitable.
- Customer requests to change the date must be made at least 24 hours before the scheduled start.
  - Failing to provide required notice may result in a cancellation fee.
- The Company is not liable for delays caused by the Customer’s failure to meet site obligations, third-party trades or force majuere events.
Testing, Handover and Acceptance
- Upon completion, the Company will conduct functional test.
- Defects reported during initial operation will be remedied under the installation workmanship warranty.
Training and Documentation
- The Company will provide one on-site training session covering operation, basic troubleshooting and filter replacement, provided the customer is on site at the time of completion.
- Where necessary, digital copies of operation manuals will be supplied by the Company.
Customer Self-Installation
- At the Customer’s election, the Company may supply the gear for self-installation. In that case, all installation work will be performed solely by the Customer or its nominated installer, at the Customer’s risk.
- The Company will provide standard installation manuals. It remains the Customer’s responsibility to:
  - Follow those instructions in full.
  - Engage suitably qualified trades (electrician, plumber, etc.) as required by local regulations.
- Warranty & liability
  - The Company’s workmanship warranty (Section 13 ) does not apply to systems installed by the Customer or a Third Party .
  - Manufacturer warranties on Products remain valid and enforceable, subject to the terms and conditions set by the manufacturer. These warranties apply only when the Products are installed correctly and used in accordance with the manufacturer’s guidelines.
  - Any damage, malfunction or reduced performance attributable to incorrect installation is excluded from all warranties and will be chargeable at the Company’s standard rates.

Price and Payment

Prices
- All prices are stated in New Zealand Dollars (NZD) and exclude Goods and Services Tax (GST), duties, freight and insurance unless otherwise specified.
- The Company may adjust quoted or price-list rates to reflect increases in supplier costs, currency fluctuations, fuel surcharges or regulatory changes.
Call-out fees or after-hours charges may apply to any unscheduled work performed inside of – or outside of standard business hours, which are 8:00 AM to 4:30 PM, Monday to Friday. These fees will be billed at the Company’s prevailing rates.
Invoicing
- The Company will issue an invoice upon:
  - Receipt of the order; or
  - Dispatch of Goods; or
  - Completion of Services.
- Each invoice will reference the Customer’s purchase order number (if applicable) and a detailed description of Products or Services supplied.
- Electronic invoices are delivered via email to the billing address on file unless otherwise agreed.
Payment Terms
- All amounts owing should be paid to the Company’s bank account or any other method of payment that the Company agree with the Customer.
- Payment shall be:
  - On completion of work; or
  - As indicated on the invoice; or
  - 20^th of the month following (Commercial); or
  - 10^th of the month following (Residential) (unless otherwise stated on the invoice); and
  - In full without deduction, withholding, set-off or counterclaim.
- If the Customer has any dispute relating to an invoice issued by the Company, the Customer:
  - Must notify the Company of that dispute in writing within 10 days from the date of receiving the invoice;
  - Will only withhold payment of the amount in dispute and will, upon resolution of any dispute, immediately pay the balance (if any) due to the Company.
- The Company may require that the Customer pay in advance or pay a deposit before the Company supply Products or Services as a security for any amount owing.
- If the Company cancels an order (for any reason other than the Customer breaching these Terms), the Company will refund any deposit to the Customer in full.
- The Company retains ownership of all Products supplied to the Customer until payment of the owing amount is received in full.

Debt Collection and Recovery Costs

The Customer agrees to pay all invoices in accordance with the payment terms outlined in clause 23 of this Agreement.
If the Customer is unable to make payment by the due date, they are encouraged to contact the Company as soon as possible to discuss alternative arrangements. The Company is committed to working with Customers in good faith to resolve any payment issues.
Where payment remains outstanding and no arrangement has been agreed upon, the Company reserves the right to take reasonable steps to recover the overdue amount. This may include referring the debt to a collection agency or seeking legal assistance.
In the event of debt recovery action, the Customer agrees to pay all costs incurred by the Company in recovering any overdue amount, including but not limited to:
- Legal costs (on a solicitor-client basis);
- Debt collection agency fees;
- Court costs;
- Interest as set out below.
The Company may charge interest on overdue amounts at a rate of 1.5% per month, compounding monthly, calculated from the due date until payment is received in full. Interest will not be charged where the Customer has engaged with the Company in good faith to resolve the matter.
The Company may suspend the supply of further Products or Services until the account is brought up to date or a suitable arrangement is made.

Compliance & information

Health and safety
- Each party will comply with the Health and Safety at Work Act 2015 (HSW Act), including all applicable regulations under the HSW Act, as well as all applicable standards and codes of practice relating to health and safety. In addition, each party will comply with the other party’s pre-notified and reasonable health and safety policies when on the party’s premises.
- The Customer must notify the Company of any known hazards arising from the premises to which any of the Company’s representatives may be exposed while on the premises and ensure that the workplace is without risks to the health and safety of any person.
- Each party must consult, co-operate with and co-ordinate activities with all other persons who have a health and safety duty in relation to the same matter in providing the Products and/or Services (including in connection with the delivery of the Products and/or Services).
Limitation of Liability
- To the maximum extent permitted by law, the Company shall not be liable for any indirect, incidental, special or consequential damages, including loss of profit or revenue, arising out of or in connection with the supply of Products or Services.
- Specific Purpose
  - The Customer acknowledges that the Products and Services supplied by the Company are designed and installed for a specific water treatment purpose as agreed at the time of sale. The Company does not warrant or represent that the Products will improve water quality beyond that specified treatment, nor that the Product will address any other contaminants or conditions present in the water supply.
- Residual Water Quality
  - The Customer accepts full responsibility for any residual water quality issues, side effects, or limitations not expressly covered by the agreed treatment specification. The Company shall not be liable for any claim, loss, or damage arising from contaminants, tastes, odours, or other water conditions not directly treated by the installed system.
- Exclusions
  - The Company is not liable for any loss or damage resulting from misuse, neglect, alteration, improper installation, failure to follow recommended maintenance and filter replacement schedules, or circumstances outside the Company’s reasonable control (including variations in water supply or pressure).
- Cap on Liability
  - The Company’s total liability shall be limited to, at its option:
    - Repairing or replacing the defective Product, or
    - Refunding the price paid for the Product or Service giving rise to the claim.
  - Consumer Guarantees
    - Nothing in this clause limits the Customer’s rights under the Consumer Guarantees Act 1993 (unless the Products and Services are acquired for business purposes, in which case the Act does not apply).
Force Majuere
- The Company shall not be liable for any delay or failure to perform its obligations under this Agreement due to events beyond its reasonable control, including but not limited to natural disasters, strikes, government actions, or supply chain disruptions.
Dispute Resolution
- The parties shall attempt to resolve any dispute arising out of or relating to this Agreement through good faith negotiations. If the dispute cannot be resolved within 30 days, either party may refer the matter to mediation prior to pursuing legal action.
Privacy and Data Protection
- The Company will collect, use, and store Customer data in accordance with the Privacy Act 2020 (NZ). Personal information will not be shared with third parties except as required to fulfil contractual obligations or as permitted by law.
- The Company may refer to the Customer as a client and may use the Customer’s name and logo in promotional materials, including the Company’s website and other marketing channels. Additionally, any testimonials or references provided by the Customer may be published, provided they accurately reflect the Customer’s experience with the Company.
- If the Customer does not wish to be identified or has concerns about any published content, the Customer is encouraged to contact the Company to request removal or amendment.
Governing Law and Jurisdiction
- This Agreement shall be governed by and construed in accordance with the laws of New Zealand. Any disputes arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of New Zealand.