Terms and Conditions
Terms & Conditions of Supply
Quickheat ABN 79 843 568 588
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply to you any of the products (Products) listed on our website. Please read these terms and conditions (Terms and Conditions) carefully before ordering any Products from our website. You should understand that by ordering any of our Products, you agree to be bound by these Terms and Conditions.
We suggest that you print a copy of these terms and conditions for future reference.
Please click on the button marked “I ACCEPT” at the end of these terms and conditions if you accept them. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our website.
- We operate the website. We are Tamsal Holdings Pty LTD ATF Tamsal Holdings Unit Trust trading as Quickheat ABN 79 843 568 588 of Suite 2, 542 Hawthorn Road, Caulfield South, Victoria 3162 (“Quickheat”, “we” or “our”).
- Please click here to contact our Customer Support Team.
- By placing an order through our website, you warrant that you are legally capable of entering into binding contracts and are at least 18 years old.
HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
- After placing an order, you will receive an email from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email that confirms that the Product has been dispatched (Dispatch Confirmation). The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation.
- The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
AVAILABILITY AND DELIVERY
- Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 30 days of the date of the Dispatch Confirmation, unless there are exceptional circumstances.
PRICE AND PAYMENT
- The price of the Products and our delivery charges will be as quoted on our website from time to time, except in cases of obvious error.
- Product prices include GST.
- Product prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
- Payment for all Products must be by credit or debit card. We accept payment with Visa and MasterCard. We will charge your credit or debit card with the Product price when we dispatch your order.
- We may carry out a standard pre-authorisation check on your credit or debit card to ensure there are sufficient funds to fulfil the transaction. Products may not be dispatched until this pre authorisation check has been successfully completed.
- Payment is directed to Burgundy Valley Pty Ltd so you will see this name on your invoice and on your transaction history if you pay by credit or debit card. Please contact our Customer Support Team if you have any questions about invoicing and payment for Products.
- We may from time to time offer promotional discount codes, which may apply in respect of particular Products or certain specified types of purchases made though our website.
- Any further conditions relating to any discount code will be specified at the time of issue.
RISK AND TITLE
- The Products will be at your risk from the time of delivery.
- Ownership of the Products will only pass to you when we receive full payment of all amounts due in respect of the Products, including delivery charges.
- Returning goods if they are faulty
Our Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage that you may be entitled to claim under the Australian Consumer Law. You are also entitled to have the Products repaired or replaced if they fail to be of acceptable quality and the failure does not amount to a major failure.
If you think that there is a fault with the Products you have received, please let us know straight away by contacting our Customer Support Team. Please include as many details as possible about the order and the problem with the Products.
- No return for change of mind
We do not accept returns of Products for change of mind or for any reason not described in clause 8.1.
- Returns generally
You are responsible for the costs of returning Products to us. Any Products returned are your responsibility until they reach our warehouse. Please ensure you package the returned Products appropriately to prevent any damage to the Products or packaging. We are not responsible for any Products that are returned to us in error. We recommend you use a postal service that insures you for the value of the goods you are returning. Please send your returned goods to Quickheat, Suite 1, 542 Hawthorn Road, Caulfield South, Victoria 3162.
- In addition to any rights that you may have under the Australian Consumer Law, Quickheat provides a warranty against defects. Details regarding the terms of the warranty and how you can make a claim can be accessed by contacting our Customer Support Team.
CONDITIONS OF USE
- Our Products are not suitable for use in all conditions. The Products may not work safely, effectively or may not work at all in certain circumstances.
- The circumstances described below may impact on the Products’ safety and functionality:
- availability of certain electrical requirements, as set out on page 5 of the Tile Heater Kit Installation Guide, which can be accessed by clicking here
- lack of continuity in the Products’ insulation or the heating element as identified by the resistance test set out on page 6 of the Tile Heater Kit Installation Guide; and
- identification of a potential break in the heating element as indicated by KlimaGuard monitoring, as set out on page 8 of the Tile Heater Kit Installation Guide.
- For consumers, our Products come with non-excludable guarantees under the Australian Consumer Law. The Products are to be reasonably fit for their purpose, reasonably durable and safe, not damaged and match any description or sample. For a major failure, you are entitled, at your option, to a refund or replacement or to payment for the reduction in value of the goods and to compensation for any other reasonably foreseeable loss or damage that you may be entitled to claim under the Australian Consumer Law. These guarantees are separate from any manufacturer’s warranty. In addition to the statutory guarantees and in addition to any manufacturer’s warranty, the Australian Consumer Law requires the manufacturer or importer to compensate you or any loss if the Products are, for example, damaged, not reasonably fit for their purpose nor sufficiently durable or safe. You have the option of seeking compensation from the manufacturer or importer or from us.
- Subject to clauses11.1 and 11.3, Quickheat is not liable for any claim, loss, expense or damages, whether arising in contract, in tort (including negligence), in equity, by operation of law or otherwise arising out of or in connection with these Terms and Conditions or the Product except as expressly provided for in these Terms and Conditions.
- Subject to clause 11.4, provided that the Products are installed and used in accordance with our instructions and recommendations, nothing in these Terms and Conditions excludes our liability arising from:
- our breach of these Terms and Conditions;
- death, personal injury or property damage caused by our deliberate or negligent act or omission; or
- any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
- Subject to clause 11.1, Quickheat will not be liable for any indirect or consequential loss including loss that falls within the following categories:
- loss of income or revenue;
- loss of goodwill or a commercial opportunity;
- legal expenses; and
- loss of profits.
- Where you buy any Product from a third party seller through our website, the seller's individual liability will be set out in the seller's terms and conditions.
THIRD PARTY LINKS
- We may provide links on our website to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking that products you purchase from third party sellers through our website, or from companies to whose website we have provided a link on our website, will be of satisfactory quality, and any such warranties are disclaimed by us absolutely. This disclaimer does not affect your statutory or other legal rights that you may have against the third party seller.
- Applicable laws require that some of the information or communications we send to you should be in writing. When using our website, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
- All notices given by you to us must be given to Quickheat, Suite 1, 542 Hawthorn Road, Caulfield South, Victoria 3162 . We may give notice to you at either the email or postal address you provide to us when placing an order. Notice will be deemed to have been received and properly served 24 hours after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
TRANSFER OF RIGHTS AND OBLIGATIONS
- The Contract between you and us is binding on you and us and on our respective successors and assignees.
- You may not transfer, assign, charge or otherwise dispose of this Contract, or any of your rights or obligations arising under it, without our prior written consent.
- We may transfer, assign, charge, sub-contract or otherwise dispose of this Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
EVENTS OUTSIDE OUR CONTROL
- We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
- A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
- strikes, lock-outs or other industrial action;
- civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
- fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
- impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
- impossibility of the use of public or private telecommunications networks; and
- the acts, decrees, legislation, regulations or restrictions of any government.
- Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
- If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these Terms and Conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
- A waiver by us of any default will not constitute a waiver of any subsequent default.
- No waiver by us of any of these Terms and Conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 15 above.
- If any of these Terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
- These Terms and Conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.
- We each acknowledge that, in entering into a Contract, neither of us relies on any representation or warranty (whether made innocently or negligently) that is not set out in these Terms and Conditions or the documents referred to in them.
- Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.
- Nothing in this clause limits or excludes any liability for fraud.
OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
- We may revise and amend these Terms and Conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
- You will be subject to the policies and Terms and Conditions in force at the time that you order products from us, unless any change to those policies or these Terms and Conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these Terms and Conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the Terms and Conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
LAW AND JURISDICTION
- Contracts for the purchase of Products through our website and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by the laws of Victoria, Australia. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of Victoria, Australia.