Conditions of sale

Mutual Benefit Marketing - Clean Aqua

Terms and Conditions of Sale

Any contract of sale, order, or quotation made or accepted by or on behalf of Mutual Benefit Marketing (MBM) is subject to these terms and conditions of sale.

Warranty

  • MBM Warrantees each new product to be free from defects in materials and workmanship for a period of 1 (one) year from the date of retail sale established by the the original invoice originated by MBM.
  • The product must be forwarded at the buyer's own risk and expense to MBM, together with proof of purchase. Any damage caused during or a result of transit will not be the responsibility of MBM.
  • MBM's exclusive obligation under this Warranty is, at MBM's own opinion, to either replace or repair the product, once MBM has deemed that the product is defective.
  • MBM may, at its own discretion, refund to the buyer the purchase price paid for the defective goods.
  • MBM reserves the right in instalment sales to grant credit for the value of any product found to be defective under this Warranty.
  • MBM will not cover labour charges incurred by the buyer for the replacement of the product.
  • The buyer is responsible for freight and local labour charges for products the subject of this Warranty.
  • This Warranty applies only to the original retail purchaser of the product.
  • This warranty does not cover any product that is relocated from the site of its original installation.
  • All replaced or exchanged parts taken out under this Warranty become the property of MBM.

Limited Warranty

  • MBM's liability for any breach of this Warranty shall be limited solely to the replacement or repair at the sole option of MBM, of any parts or part found to be defective during the Warranty period.
  • In no event will the liability extend beyond the purchase price of the product.
  • This Warranty is subject to the product being properly installed and maintained and being used for its intended purpose.
  • The Warranty will be void if the goods are found to be tampered with.
  • This Warranty does not cover the normal wear and tear of the product, or damage caused by misuse, abuse or vandalism.
  • This Warranty does not extend to product that has been modified in any way unless with MBM's express consent.
  • The Warranty does not cover any malfunction or failure resulting from neglect or use of unauthorised parts and accessories, improper water pressure, and so on.
  • The Warranty does not extend to damage caused by, rain, fire, earthquake or other natural causes or acts of nature.
  • It is expressly agreed that this shall be the sole and exclusive remedy of the buyer stated herein, and under no circumstances shall MBM be liable for costs, loss, expense, damages, special damages, incidental damages or consequential damages arising directly or indirectly from the design, manufacture, sale, or use or repair of the product whether based upon Warranty, contract, tort or strict liability.
  • The Warranty limits MBM's liability and is in lieu of all Warranties expressed or implied.
  • All implied warranties of merchantability and fitness for a particular purpose are hereby disclaimed by MBM and excluded from the Warranty.

This Warranty is void if:

  • All filter housings are not installed with an Australian Standards approved pressure limiting and check valve.
  • The system is not turned off when residents are away for over 24 hours.
  • The system is no serviced every 12 months. i.e. replacement of filters, PLV check and assessment of general condition of system.
  • Product damage results from water hammer, freezing, neglect or not installed by a licensed plumber in accordance with the installation plan.
  • The water temperature exceeds 40o Celsius.
  • The pressure exceeds 700 kPa

Warranty Procedure

  • Goods damaged during transit must be reported within 5 (five) working days of delivery.
  • Insured goods damaged during transit must be reported within 24 (twenty-four) hours of delivery.
  • A copy of the original invoice must be presented for any Warranty claims.
  • The faulty item must be returned to MBM if such a request is made.
  • This limited Warranty is void if the product under Warranty is presented without the said original invoice.
  • MBM may request that a statement accompany the original invoice, signed by the buyer, setting out the following items:
  1. The name and address of the buyer.
  2. The date and by whom the product was purchased.
  3. The date and whom the product was installed.
  4. The location where the product was installed.
  5. The time and date the product first appeared to malfunction.
  6. The nature of the problem with the product.
  7. The date and time of any or all loss event/s.
  8. The date and time MBM was first notified of the product malfunction.
  • A failure of the buyer to submit the said statement within 28 days, after such request is made by MBM, will automatically void the Warranty.
  • A failure to truthfully or to answer in a way that is misleading, entitles MBM to void the Warranty and to notify the police in the event of suspected fraudulent conduct.

Risk

  • The risk in the product will pass to the buyer immediately upon the product leaving MBM's premises for delivery to the place designated by the buyer.

Retention of Title

  • MBM will retain title to (but not the risk) a product delivered to a buyer until MBM has received payment in full for the product and all other sums owing to it by the buyer.
  • Until such payment, the buyer holds the product as bailee for MBM and may not sell or otherwise dispose of the product unless authorised by MBM. If the product is sold, the proceeds of the sale will be placed in a separate trust account pending payment to MBM. The buyer will store the goods in such a way as to enable them to be separately identified and will keep them insured at its own expense with MBM's interest noted on any such insurance cover.
  • If the buyer fails to make any payment when due or becomes bankrupt or becomes insolvent, or has a judgement entered against it in any court or enters into any scheme or arrangement, composition, or assignment or is in receivership or voluntary administration or liquidation, the buyer grants MBM licence to enter any of the buyer's premises where the product is stored, and without notice, to re-take possession and remove, at the buyer's cost and expense, the product in respect of which title has not passed to the buyer.