CONDITIONS OF SALES

Prices

All prices are subject to change without notice. Prices charged are those at the date of delivery.  Prices quoted for customers ith a delivery address in Queensland Australia are free in store for the following areas, Brisbane , Gold Coast and Sunshine Coast only.  Prices quoted for customer with a delivery address in New South Wales are free in store for the Sydney Metropolitan area only.  Deliveries outside these areas is at Purchaser’s cost.  

Supply

Rainbow Pool Products Pty Ltd reserves the right to refuse any orders for whatever reason without prejudice to its other rights and remedies even if the goods ordered have been prepaid.  (Subject only to refund of the prepayment less administration charge of 5% of prepayment).  

Payment

Generally, payment for orders are due prior to dispatch or cash on delivery.  For customers with approved credit terms payment is due strictly at the last day of the month following delivery of goods.  Credit facilities will automatically cease if previous month’s account is not paid in full.  Overdue accounts are subject to an interest charge of two per cent (2%) per month, calculated on a monthly basis from the month following the due date to the month of payment (both inclusive).  

Risk and Insurance

Risk of damage to or loss of goods shall pass to the Purchases at the time of delivery to the carrier or the Purchaser whichever occurs first.  If arranging transport Rainbow Pool Products Pty Ltd acts as a agent for the Purchaser only.  Insurance shall be at the cost and responsibility of the Purchaser.  Claims for damages, loss, incorrect supply, short deliveries or any other non-conformity to the description will only be recognised if notified by the Purchaser to the Seller within 7 days of dispatch of the goods.  

Returns

Goods returned for credit will not be accepted without prior approval and the goods returned must be in “as new” condition.

Freight must be prepaid or the goods will either not be accepted or the amount of freight will be deducted from the credit total.  Goods returned will be subject to a handling charge of 10% of the invoice price.  

Handling Charges

Orders of less than a specified amount (currently $ 100.00 excluding GST for Queensland and New South Wales customers, and  $200.00 for Victorian customers) are subject to a handling charge (currently $ 10.00 per order). These amounts are subject to change by Rainbow Pool Products Pty Ltd at any time without further notification.  

Transfer of Ownership

1. Ownership of and title to any goods delivered by Rainbow Pool Products Pty Ltd to the Purchaser shall remain with Rainbow Pool Products Pty Ltd until payment in full for the goods and all other outstanding amounts by the Purchases have been paid for in full.
2. Whilst ownership of, and title to the goods remains with Rainbow Pool Products Pty Ltd the Purchaser agrees to hold any goods delivered to the Purchaser in trust for Rainbow Pool Products Pty Ltd and shall store such goods in a manner that they are clearly identified as the property of Rainbow Pool Products Pty Ltd.
3. Rainbow Pool Products Pty Ltd shall be entitled to the possession of any such goods held in trust by the Purchaser if the Purchaser is in default and for this purpose is hereby authorised to enter any property or premises (if necessary by reasonable force) where it reasonably expects or assumes the goods are held and remove the goods at any time and the Purchaser hereby appoints Rainbow Pool Products Pty Ltd as its agent for that purpose.
4. Notwithstanding the provisions of the previous subclauses the Purchaser (being a retailer or trader) may sell the goods to a third party in the ordinary course of his/hers/it’s business and deliver the goods to that party subject to the following conditions:
   1. Where the Purchaser received payment by the third party such payment shall be held (and is deemed to be held) by the Purchaser in trust for Rainbow Pool Products Pty Ltd and the Purchaser shall account to Rainbow Pool Products Pty Ltd according to the law of trust for such proceeds; and
   2. Where the Purchaser is not paid for the goods so disposed of the Purchaser hereby assigns the debt owing (save for this provision) to him/her/it to Rainbow Pool Products Pty Ltd who shall be entitled to demand payment of and collect the amount payable by the third party and the Purchaser hereby appoints Rainbow Pool Products Pty Ltd as its agent for that purpose.

Warranty

All goods are sold subject to the warranties provided by the respective manufactures. Rainbow Pool Products Pty Ltd does not accept any claims beyond those warranties but will endeavour to obtain, on behalf of its customers, replacement or repair of faulty items subject to the manufacture’s warranty conditions. Freight for return or faulty items and replacement items is at the Purchaser’s cost.