Terms & Conditions

A legal disclaimer

These Terms and Conditions (Terms) govern the Service provided by Loop Pool Servicing Pty Ltd (ABN: 19 702 191 222) (we, us, our) to the Customer (you, your) in respect of the Pool at the Location and as more fully described in the Quote into which these Terms are incorporated.

Terms & Conditions - Quote

The Quote may be revised by us where:

we are unable to gain access to the Pool Location.
additional work is requested by you.
additional work is required due to additional faults being discovered in the course of providing the Services.
required parts or products become unavailable.
site conditions differ materially from those reasonably apparent when the Quote was prepared.

Unexpected conditions may require additional work to be undertaken. These conditions include:

hidden leaks and blockages.
faulty equipment, corroded components.
structural issues.
excessive algae.
unsafe sites.

The presence of any one or more of these conditions may cause additional costs to be incurred as a result of the need for additional attendances at the Pool Location, additional labour and/or the hire of specialist equipment.

Where it is reasonably practical for us to do so, we will notify you of any significant additional costs before proceeding with any services beyond those described in the Quote.

Terms & Conditions - Invoicing

Subject to any revision as stated above, the price for our Service is as specified in the Quote, calculated in accordance our Price List. Pricing depends on the Service you are receiving.

All Fees are plus GST (if applicable) unless otherwise stated.

Ordinarily, we will invoice you on the day the Service is provided unless otherwise agreed in writing. The invoice is payable on receipt.

If you fail to pay us, we reserve the right to suspend or terminate the delivery of our Service.

Terms & Conditions - One-Off Services

Where the Service is a one-off occurrence:

The Service will be provided on the day and at the time agreed between us.
You may cancel the one-off service with at least 24 hours emailed notice to us.

Terms & Conditions - Recurring Service

Where the Service is recurring:

The Service will be provided on the same day of the Service period and at the same time agreed between us from time to time.
You may cancel the recurring service with at least 7 days emailed notice to us.

Recurring Services are intended to provide ongoing pool maintenance and do not constitute a guarantee that the Pool at the Location will remain in a particular condition between each Service.

Terms & Conditions - Payment

Payment of the price described in the Quote is due on completion of the/each Service unless otherwise agreed in writing.

Terms & Conditions - Access

Provision of the Service is conditional on us having safe access to the Pool Location on and during the Service Period. This includes access to the pool, pumps, filters and any other equipment relating to the Pool that we require.

You agree to provide us with prior written notice of any specific instructions about access to the Pool Location, presence of pets or the presence of hazards.

Terms & Conditions - Liability

Nothing in these terms and conditions excludes, restricts or modifies any guarantee, right or remedy you have under the Australian Consumer Law or any other law that cannot be excluded, restricted or modified by agreement.

Our liability for a failure to comply with a consumer guarantee under the Australian Consumer Law in relation to the Service is limited, at our option, to: (i) supplying the Service again; or (ii) paying the cost of having the Service supplied again.

We are not responsible for damage, faults or deterioration that existed before our services commenced.

Where we inspect the Pool at the Location and related equipment, our inspection is not, unless stated otherwise, to be taken as a comprehensive engineering, electrical, structural or manufacturer-certified inspection.

We are not liable to you where the provision of our Service makes previous defects in the Pool or the Pool Location more apparent.

Terms & Conditions - Chemicals

Chemical costs are not included in the fees described in the Quote and will be charged and invoiced as an extra cost in accordance with our Price List.

Where we notify you as to the period of time where the Pool should not be used after chemical use, you are responsible for ensuring the Pool is not so used.

Where we provide chemicals for you to use you must follow all instructions provided by us on the use of those chemicals.

Terms & Conditions - Power Washing

Our services may include power washing areas in and around the Pool area.

We are not responsible for pre-existing damage or deterioration that becomes more noticeable during or after power washing.

If we believe that the area is not suitable for power washing, we may decline to provide that service.

Terms & Conditions - Cancellation

If:

you cancel a Service with less than the notice stipulated above; or
we are unable to perform the Service due to safe access not being provided or for any other reason caused by you,

we may charge you 50% of the price described in the Quote for that service.

Where we need to cancel a service due to events out of our control (for example weather or power outages), we will notify you as soon as possible and arrange the service on another day.

Terms & Conditions - General

You cannot transfer your agreement with us without our prior written consent.

We reserve the right to sub-contract all or any part of the Service, but such sub-contracting does not release us from our liabilities to you under these Terms.

These Terms shall be construed in accordance with and governed by the laws of New South Wales.