Terms and Conditions

This internet site at http://www.solarhotwaterrepairsqld.com.au (“this site”) is operated by Mathew Briggs trading as Queensland Solar Hot Water Repairs (“us”, “we”).

You may only use this site you if agree to be bound by these website terms and conditions of use. If you do not accept these terms and conditions, you must not use this web site. These terms and conditions must be read in conjunction with any other applicable terms and conditions governing the use of this site.

Use of this site

All prices are in Australian dollars (AUD) and are inclusive of GST. We endeavour to ensure that our prices are current. We reserve the right to amend our prices at any time. If you have placed an order, we undertake to fulfill your order at the price listed at the time you ordered.

Any person may use this site provided that they agree to be bound by these website terms and conditions of use. If you do not accept these website terms and conditions of use, you must not use this site.

Return of Goods

Any claim for non-delivery, shortage in supply, damage occurring during the course of delivery, or for rejects by the Customer, must be emailed to the Client Services Manager at accounts@solarhotwaterrepairsqld.com.au within 48 hours of the Customer receiving the goods.

The costs to return the goods are incurred by the customer. We suggest the use of Registered Post or Express Post for returning items to enable tracking of the parcel.

Solar Hot Water Repairs QLD will not be held liable for any merchandise lost in transit and recommends all returns are sent via Registered Mail.

All goods returned will not be considered for warranty replacement or credit refund until they are processed and accepted by the Supplier.

Acceptance of goods will not necessarily entitle the Customer to a credit. A refund or replacement of the goods will be processed once the merchandise has been received and quality checked.

Disclaimer and Warranty

We disclaim all responsibility and all liability (including without limitation, liability in negligence) for all expenses, losses, damages and costs you or any other person might incur as a direct or indirect result of your use of this site or any linked web site.

Any warranty, condition, description or representation whether express or implied as to the description, state, quality, merchantability or fitness of the goods for the purpose for which they are provided is hereby excluded to the extent that Commonwealth, State and Territorial laws permit.

To the full extent permitted by law, you release, discharge and indemnify us and each of our officers and employees in respect of any and all liability for any injury, loss, cost, charge, expense or damage suffered by us or our officers and employees arising directly or indirectly from your use of this web site or any linked web site.

To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is hereby excluded. If the Trade Practices Act or any other legislation implies a condition or warranty into this agreement in respect of goods supplied, and the Supplier’s liability for breach of that condition or warranty may not be excluded but may be limited, the Supplier’s liability for any breach of that condition or warranty is limited to the Supplier doing any of the following (at its election):

In the case of goods, any one of the following as determined by the Supplier:

  1. The replacement of the goods or the supply of equivalent goods:
  2. The repair of the goods;
  3. The payment of the cost of replacing the goods or of acquiring equivalent goods; or
  4. The payment of the cost of having the goods repaired.

 In the case of services, any one of the following as determined by the Supplier:

  1.  The supply of the services again; or
  2. The payment of the cost of having the Supplier’s services supplied again.

Subject to the clauses above, the Customer does not have under any circumstances any cause of action against or right to claim or recover from the Supplier for, or in respect of, any loss or damage of any kind whatsoever, caused directly or indirectly by:

  1. Any breach of these terms; or
  2. Any fact, matter or thing relating to the goods; or
  3. Any error (whether negligent or in breach of contract or not) in information supplied to the Customer or a user before or after the date of the Customer’s or user’s use of the goods; or
  4. Any defect in material or workmanship of, or any other defect whatsoever in, or unsuitability for, any purpose of the goods or any part of the goods; or
  5. By default or negligence on the part of the Supplier or of any employee, contractor or agent of the Supplier or of any person for whom the Supplier has legal responsibility relating to the supply or performance of or otherwise concerning the goods or any part of the goods.

Force Majeure

If by any reason of any fact, circumstance, matter or thing, including but not limited to industrial disputes, default of suppliers, compliance with governmental order or request, sabotage, rebellion, fires, flood, breakdown of plant and machinery, beyond the reasonable control of the Supplier or the Customer either is unable to perform in whole or in part any obligation under this agreement that party is relieved of that obligation under this agreement to the extent and for the period that it is so unable to perform and is not liable to the other party to this agreement in respect of such inability.

Any delays in or failure of performance of either the Customer or Supplier shall not constitute default under this agreement of give rise to any claim for damages.

Indemnity

The Customer shall indemnify and keep indemnified the Supplier and any of its subsidiaries, affiliates, directors, officers, agents, employees, authorized representatives and consultants, against all and every claim, demand, action, suite, cost (including any solicitor costs calculated on an indemnity basis), loss or proceeding of whatsoever nature and however they shall be brought by any third party or on behalf of any third party including any solicitor’s costs calculated on an indemnity basis arising out of or incidental to the carrying out of the carrying out, completion or execution of the services for any reason or by any act or omission or fault or negligence by the Supplier or any of its suppliers, subcontractors, consultants or any other person acting on or purporting to be acting by the Supplier’s direction or control or on behalf of the Supplier.

This indemnity shall specifically extend to and include an indemnity by the Customer to the Supplier for damage to property and injury to or death of any third party including any person who is employed by or acting under the direction or control of the Customer.

Specific warnings

The materials presented on this website are distributed by us as an information source only. Whilst we have taken all due care in providing the information on our website, we do not provide any warranty either express or implied including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose. We make no statement, representation, or warranty about the quality, accuracy, context, completeness, availability or suitability for any purpose of, and you should not rely on, any information contained in this website.

While we take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, we make no warranties that the information on this site is free of infection by computer viruses or other contamination. We are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.

We make no warranty that goods or services acquired from us over this web site will meet your requirements.

To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.

Whilst we strive to protect your information, we do not warrant and cannot ensure the security of information which you transmit to us. You transmit information to us at your own risk.

Intellectual property

The copyright to all content on this website including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials.

All trademarks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a licence to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.

The Solar Hot Water Repairs QLD is a registered trademark and may not be used without the prior specific and written permission of the trademark owner. No other trademark appearing in this site may be used without the prior specific and written permission of the trademark owner.

Linked web sites

This web site may contain links to other web sites ("linked web sites"). Those links are provided for convenience only and may not remain current or be maintained.

We are not responsible for the content or privacy practices associated with linked web sites.

Our links with linked web sites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked web sites, or of any information, graphics, materials, products or services referred to or contained on those linked web sites, unless and to the extent stipulated to the contrary.

Privacy

If you give us personal information about another person, you warrant that you have that person’s express consent for us to record and use their personal information.

We will comply with our privacy policy which is available on this web site.

Governing Law

These website terms and conditions of use are governed by and construed in accordance with the laws of Queensland and you agree to submit to the nonexclusive jurisdiction of the courts of Queensland.

General

We may amend these terms and conditions from time to time. Amendments will be effective immediately upon publication on this web site. Your continued use of the web site following such publication will represent an agreement by you to be bound by the terms and conditions as amended.

We accept no liability for any failure to comply with these terms and conditions where such failure is due to circumstance beyond our reasonable control.

If we waive any rights available to us under these terms and conditions on one occasion, this does not mean that those rights will be waived on any other occasion.

If any of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.

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