Terms and Conditions

 

Moelands Family Trust Standard Contract Terms & Conditons

This internet site at http://www.solarhotwaterparts.com.au (“this site”) is operated by Damian Moelands as trustee for Moelands Family Trust trading as Solar Hot Water Parts ABN: 54 513 157 963 (referred to as “Moelands Family Trust”), an independent business selling aftermarket parts and accessories for Australian and imported solar hot water systems.

Background

Moelands Family Trust is in no way connected with any manufacturers of solar hot water systems (referred to as the “System Manufacturers”) or their brands unless expressly stated otherwise.

Moelands Family Trust does not sell complete solar hot water systems, only parts. All products on the Moelands Family Trust website are intended and sold for aftermarket use only. Moelands Family Trust part numbers and corresponding product references are not intended to imply that any of these parts are the relevant System Manufacturers’ original equipment or endorsed by the System Manufacturer.

All references by Moelands Family Trust to hot water system model numbers on this site are for reference only and their connection to the System Manufacturers’ part numbers are not intended to imply that these parts are the System Manufacturers’ original equipment.

All parts listed on this site are from independent aftermarket sources. Even though these products may have brand names inserted, they are intended for brand identification only. They are aftermarket products and Moelands Family Trust makes no claim that they endorsed or recommended by the relevant System Manufacturer. All brand names and trademarks used on this website are the property of their respective owners.

Use of Moelands Family Trust Website

Any person may use this Moelands Family Trust website provided they agree to be bound by these terms and conditions of use. If a person does not accept these terms and conditions of use, then that person must not use the Moelands Family Trust website.

Moelands Family Trust only supply adults over the age of eighteen (18) years. By proceeding to purchase through the Moelands Family Trust website, the Customer acknowledges they are over 18 years of age.

Any person may use this site to order goods without first registering with Moelands Family Trust. Persons may only order goods and services through this website at Trade if they have first registered with Moelands Family Trust and they have also been accepted by Moelands Family Trust as Trade Customers. Moelands Family Trust reserves the right to suspend or terminate a Customer’s registration at any time if the Customer breaches these terms and conditions.

Access to the Moelands Family Trust website by any person may be terminated at any time by Moelands Family Trust without notice. The Moelands Family Trust liability disclaimer will survive any such termination.

The materials presented on the Moelands Family Trust website are presented as an information source only. Moelands Family Trust have taken all due care in providing the information on the Moelands Family Trust website however Moelands Family Trust does 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 other than as required by law. Moelands Family Trust makes no statement, representation, or warranty about the quality, accuracy, context, completeness, availability or suitability for purpose, and the Customer should not rely on any information contained on the Moelands Family Trust website when determining such issues.

While Moelands Family Trust attempts to ensure that the Moelands Family Trust website is free of any virus, worm, Trojan horse and/or malware, Moelands Family Trust makes no warranties that the Moelands Family Trust website site is free of infection by computer viruses or other contamination. The Customer agrees that Moelands Family Trust is not responsible for any damage to the Customer’s computer system that arises in connection with the Customer’s use of the Moelands Family Trust website or any linked website.

Whilst Moelands Family Trust strives to protect Customer’s information, Moelands Family Trust does not warrant and cannot ensure the security of information transmitted to Moelands Family Trust by Customers. Customers transmit information to Moelands Family Trust at the Customers’ risk.

Moelands Family Trust makes no warranty that goods or services acquired from the Moelands Family Trust website will meet the Customer’s requirements.

The Moelands Family Trust website may include hyperlinks to other third party websites or mention them indirectly. These hyperlinks do not imply in any way the acceptance by Moelands Family Trust of the contents of these sites. Moelands Family Trust cannot be held responsible for any damage caused by using these links. When a Moelands Family Trust Customer links to another site, the Customer is no longer on the Moelands Family Trust site and is subject to the privacy policy of the new site.

Registration, Ordering and Pricing

The Customer may only register with Moelands Family Trust or purchase goods on the Moelands Family Trust website if the Customer is able to enter into contracts in Queensland, Australia.

If the Customer registers with Moelands Family Trust, then they must ensure that their registration details are true and accurate at all times. Customers must update their registration details when they change.

Customers may order goods and services described on the Moelands Family Trust website for the price specified. All prices are in Australian dollars (AUD) and are inclusive of GST. Moelands Family Trust will endeavour to ensure that prices on the Moelands Family Trust website are current. Products, including their price, can be accessed from the home page on the Moelands Family Trust website. Moelands Family Trust reserves the right to amend prices at any time. If the Customer has placed an order that has been accepted by Moelands Family Trust (and not rejected by MOELANDS FAMILY TRUST), then Moelands Family Trust undertakes to fulfill their order at the price listed at the time of order subject to these terms and conditions.

Moelands Family Trust strives to ensure that all its products are described as accurately as possible on the Moelands Family Trust website, however Moelands Family Trust does not warrant that the description is accurate. Where Moelands Family Trust become aware of any misdescription, Moelands Family Trust reserves the right to correct any error.

Images on the Moelands Family Trust website have been provided for illustrative purposes only and Moelands Family Trust does not guarantee that any image will reproduce in true colour, or that any given image will reflect or portray the full design or options relating to the relevant product.

Often original parts for systems are no longer available due to suppliers exiting the industry. Moelands Family Trust may include images of the original part on the Moelands Family Trust website to assist Customers in locating an appropriate replacement part for their system. Where this occurs, Moelands Family Trust will clearly identify this in the product description.

Moelands Family Trust may reject any order in its absolute discretion and for any reason whatsoever. If Moelands Family Trust rejects a Customer order, then Moelands Family Trust will use its best endeavours to notify the Customer within seven days of Moelands Family Trust rejecting the order and will refund any money paid by the Customer for the rejected order.

Moelands Family Trust gives no undertaking as to the availability of products or services offered on the Moelands Family Trust website.

Title in any goods purchased does not pass to you until payment has been received.

Dispatch of Orders

Orders are normally dispatched within 1-3 business days of Order Confirmation, subject to all ordered items being in stock. Should any item on your order not be available the Customer will be notified by email - see also Delivery page.

Return of Goods

Any claim for non-delivery, shortage in supply or damage occurring during the course of delivery must be emailed to sales@solarhotwaterparts.com.au within 48 hours of the Customer receiving the goods - see Returns Page. Moelands Family Trust does not accept the return of any parts other than as required by law.

International Customers

Any Customer wishing to purchase from outside of Australia must email Moelands Family Trust at sales@solarhotwaterparts.com.au.

Hot Water System Manufacturer Warranty

The Customer acknowledges that the installation by the Customer of any aftermarket part purchased from Moelands Family Trust may void or otherwise adversely affect the System Manufacturer’s warranty for the Customer’s solar hot water system. It is the sole responsibility of all Moelands Family Trust Customers to determine the suitability of the product for their use, and the Customer shall assume all liability and risks associated with their use.

No Moelands Family Trust Warranty

Moelands Family Trust does not offer any warranty on parts but provides the statutory Consumer Guarantee as required by Australian law.

Part’s Manufacturer Warranty

If the manufacturer of a part sold by Moelands Family Trust (referred to as the “Parts’ Manufacturer”) offers a warranty on that part, then any “warranty claim” made by the Moelands Family Trust Customer must be directed to the Parts’ Manufacturer of the relevant part purchased from Moelands Family Trust. Moelands Family Trust agrees to provide the Customer with the relevant Parts’ Manufacturer’s contact details to assist the Customer with any warranty claim.

Parts supplied by Moelands Family Trust are intended to be installed by a licensed tradesperson. Failure to do so may impact on any warranty claim. All Part’s Manufacturers’ Warranty Claims must be accompanied by a photo(s) of the system’s installation that includes the product, in situ, prior to its removal. The Customer shall provide proof of purchase for all goods being returned – seeReturns page.

Sensors used with solar hot water controllers carry no warranty once the item has been installed. The item should be checked before installation and returned for replacement before use. Sensors that have been installed do not carry warranty.

Liability Disclaimer

Moelands Family Trust disclaims all responsibility and all liability (including without limitation, liability in negligence) for all expenses, losses, damages and costs the Customer or any other person might incur as a direct or indirect result of their use of any part supplied by Moelands Family Trust or the use of the Moelands Family Trust website 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 are hereby excluded to the extent permitted under the Australian Commonwealth, State and Territorial laws.

To the full extent permitted by law, the Customer releases, discharges and indemnifies Moelands Family Trust and each of its officers and employees in respect of any and all liability for any injury, loss, cost, charge, expense or damage suffered by Moelands Family Trust or its officers and employees arising directly or indirectly from the Customer’s use of the parts supplied by Moelands Family Trust or the use of the Moelands Family Trust website.

To the extent permitted by law any condition or warranty that would otherwise be implied into these terms and conditions is excluded. Additionally to the full extent permitted by law, the Customer does not have under any circumstances any cause of action against or right to claim or recover from Moelands Family Trust for, or in respect of, any loss or damage of any kind whatsoever, caused directly or indirectly by:

  • a.Any breach of these terms; or
  • b.Any fact, matter or thing relating to the goods; or
  • c.Any error (whether negligent or in breach of contract or not) in information supplied to the Customer before or after the date of the Customer’s use of the goods; or
  • d.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
  • e.By default or negligence on the part of Moelands Family Trust or of any employee, contractor or agent of Moelands Family Trust or of any person for whom Moelands Family Trust has legal responsibility relating to the supply or performance of or otherwise concerning the goods or any part of the goods.

Indemnity

The Customer shall indemnify and keep indemnified Moelands Family Trust 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 arising out of or incidental to any supply of parts made by Moelands Family Trust to the Customer.

This indemnity shall specifically extend to and include an indemnity by the Customer to Moelands Family Trust 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.

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, acts of terrorism, fires, flood, breakdown of plant and machinery, beyond the reasonable control of Moelands Family Trust 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.

Intellectual property

The copyright to all content on the Moelands Family Trust website including applets, graphics, images, layouts and text belongs to Moelands Family Trust or Moelands Family Trust has a license to use those materials.

Customer’s access to the Moelands Family Trust website does not license the Customer to use those marks in any commercial way without the prior written permission of Moelands Family Trust.

The "Solar Hot Water Parts" logo is a registered trademark of Moelands Family Trust and may not be used without the prior specific and written permission of Moelands Family Trust. No other trademark appearing in this site may be used without the prior specific and written permission of the relevant trademark owner.

Privacy

If a Customer gives Moelands Family Trust personal information about another person, the Customer warrants that they have that person’s express consent for Moelands Family Trust to record and use their personal information. Moelands Family Trust will comply with its privacy policy that is available on the Moelands Family Trust website.

General

Moelands Family Trust may amend these terms and conditions from time to time. Amendments will be effective immediately upon publication on the Moelands Family Trust website. Any Customers continued use of the Moelands Family Trust website following such publication will represent an agreement by the Customer to be bound by the terms and conditions as amended.

Moelands Family Trust accepts no liability for any failure to comply with these terms and conditions where such failure is due to circumstance beyond the reasonable control of Moelands Family Trust and any of its subsidiaries, affiliates, directors, officers, agents, employees, authorized representatives and consultants.

If Moelands Family Trust waives any rights available to it 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.

Governing law

This Agreement is governed by and shall be construed in accordance with the laws of Queensland. The parties submit all their disputes arising out of or in connection with this Agreement to the exclusive jurisdiction of the Courts of Queensland.