WATER ANALYTICS AUSTRALIA 
CONSUMER TERMS & CONDITIONS

LIQI TRADING PTY LTD ABN- 34 622 587 437 | Trading as Water Analytics Australia (WAA)

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WAA TERMS OF SALE

1. Any contract of sale order or quotation made or accepted by or on behalf of WAA is subject to these Terms of Sale.

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2. These Terms of Sale apply to all purchases of product(s) directly from WAA. If you do not accept these Terms of Sale you should refrain from purchasing product(s) from WAA. If you do not understand these Terms of Sale or if you have any questions please contact our Customer Service team on the below details to assist you:

• WAA Customer Service Team

• After Sale: (02) 8528 4645

• Email: operations@wateranalytics.com.au

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CAPACITY

3. By purchasing any product(s) from WAA you acknowledge that you:

a. Are at least eighteen (18) years of age or you have permission from a parent or guardian to enter into these Terms of Sale, and

b. Have the legal capacity to enter into these Terms of Sale.

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4. INTERPRETATION

a. Wholesale Channel Customers: Customers who purchase Products from 3rd Party Entities who sell WAA products.

b. WAA Retail Customers: Consumers who purchase Products from WAA directly.

c. Products: Any goods that WAA supply to you of the number and description as set out in the Contract of Sale, Order, or Quotation made or accepted by or on behalf of WAA.

d. Supply Only: Where Water Analytics is only providing the products and warrants for the products only.

e. Supply & Install: Where Water Analytics provides both the supply and installation of the products and warrants for the products & workmanship.

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PRICE

5. All prices specified by WAA are in Australian Dollars and are inclusive of GST.

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6. WAA reserves the right to change the prices of any product(s) at any time without notice to you.

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7. The price charged shall be WAA’s price ruling at the date of delivery unless otherwise agreed in writing. Any price indications or price lists are subject to alterations to WAA’s price ruling at the date of service or product(s) supplied. Prices are as per WAA's wholesale unless otherwise agreed in writing.

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8. You are responsible for the costs of any necessary insurance cover. Clerical errors in computations, typing, or otherwise of "catalogue, quotation, acceptance, invoice, delivery docket, or other document" shall be subject to correction. Any product(s) returned through no fault of WAA will be subject to a 15% restocking fee unless qualified for a 100% refund stated within this agreement (14d).

 

PAYMENT

9. By confirming your order for any product(s) from WAA, you agree to pay the price specified by WAA for the product(s).

 

DELIVERY

10. WAA will deliver product(s) purchased by you to the delivery address specified by you at the time of purchase (the Delivery Address).

 

11. Upon delivery, you must inspect the product(s) and check that the product(s) delivered are those that you have purchased. If any product is faulty, damaged, missing, incorrect, or does not match its description, you should contact our Customer Service Team.

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WARRANTY

12. WAA Warranty Types and coverages

a. Product Warranty: Covers the product itself excluding external installation and non-product related accessories. WAA covers shipping costs for product quality issues. Valid Australia-wide.

b. Workmanship Warranty: Covers the installation workmanship, plumbing setup, pipes, valves, bypass, etc.

c. WAA Retail Customers with Supply & Install service: Coverage: Product & Workmanship Warranty

d. WAA Retail Customers (Supply Only, customer arranges installation): Coverage: Product Warranty only

e. Wholesale Channel Customers: Coverage: Product Warranty only

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13A. POE 3 Stages (FHWR-3S1-20) & POU Independent 6 Stages RO system (ex. faucet/tap) Warranty Extension Program

a. Available automatically for customers purchasing directly from WAA.

b. Wholesale Channel Customers must register on the WAA warranty registration website within the specified period post-installation to activate the extension program.

c. Upon meeting the extension conditions, WAA will extend the Product Warranty for the system.

d. The extended warranty covers Product Warranty only, regardless of the purchase scenario. Except for WAA retail customers who used WAA install service, WAA might cover the reinstall cost if the whole unit requires a full replacement and a professional plumber needs to be involved, decided by WAA.

e. WAA warrants the POE 3 Stages Whole House Water Filtration System (FHWR-3S1-20) & POU Independent 6 Stages RO system (ex. faucet/tap) to the original purchaser for a period of 2 years from the date of sale established by the date of the original invoice issued by WAA. For any consumer who purchased the system through our reseller partners, you will need to register your warranty through our website (must be within 60 days upon install completion, through our website link https://www.wateranalytics.com.au/warrantyregistration).

f. Lifetime Extended Warranty: WAA offers a lifetime extended warranty for the Point of Entry FHWR-3S1-20 system & POU Independent 6 Stages RO system (ex. faucet/tap). This warranty is exclusive to customers who purchased through WAA or any customer who registered their warranty from the WAA website within 60 days of system installation. However, customers who did not purchase the POE FHWR-3S1-20 system & 6 Stages RO system (ex. faucet/tap) directly from WAA and was not registered through our resellers may not be eligible for this extended warranty but will still receive the standard 2-year warranty provided by WAA for other WAA products. To maintain eligibility for the extended warranty, it is mandatory that filters are replaced according to the standard change periods outlined in the filter change schedule and all purchases must be made through WAA's exclusive filter change online purchase website https://www.wateranalytics.com.au/category/filter-subscription.

i (a). A minimum spending of $330 every 18 months (filter replacement) is required to meet the extended warranty for the POE 3 Stages system.

i (b) . A minimum spending of $220 every 12 months (filter replacement) is required to meet the extended warranty for the POU Independent 6 Stages RO system (ex. faucet/tap) system.

ii. Product warranty will continue to extend for 18 months (POE 3 Stage System)/12 months (POU 6 Stage RO System) from the date of the last filter purchase eligible for the extended warranty.

iii. The extended warranty also applies to customers on a subscription plan.

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13B. Other Products

WAA warrants all other products, to the original purchaser for a period of 2 years from the date of sale established by the date of the original invoice issued by WAA. These products do not have an extended warranty program.

 

13C. General Warranty Terms

a. For customers who choose WAA's supply and install service, if any extra work not identified at the quotation stage is discovered during installation, WAA will notify the customer before proceeding. The customer must agree to the extra costs before the job continues. If the customer does not agree, they will receive a full refund, excluding any banking surcharges.

d. As a WAA's customer, you might also be able to claim referral cashback through our referral program. For more details, please see the T&C provided by WAA in our referral program terms and conditions at the following link: https://www.wateranalytics.com.au/referralprogram.

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14. Warranty Evaluation: Warranty issues can be evaluated by third-party plumbing inspectors, excluding WAA and the third-party company involved in the sale and installation. If it is determined to be a WAA product issue, WAA will cover the inspection costs but must be informed and give consent beforehand.

 

15. WAA reserves the right in installment sales to grant credit for the value of any Product found to be defective under this Warranty.

WAA will not cover any labour charge incurred by you for the replacement or repair of any Product. 

 

16. This Warranty applies only to the original purchaser of the Product(s).

 

17. WAA’s obligation under this Warranty is limited to WAA’s own option to either repair or replace the Product(s) once WAA has deemed that the Product is defective or WAA may at its own discretion refund to the Buyer the purchase price paid for the defective product(s).

 

18. This Warranty does not cover any Product that is relocated from the site of its original installation with the exception of:

a. Customers having a valid lifetime warranty with WAA and

b. Engaging WAA to provide the relocation service at a discounted price.

c. The quoted relocation price will be subject to the distance of the new location.

d. Additional relocation costs may be involved depending on site difficulties.

e. Relocation service will not be available for apartments or properties with shared pipes.

f. All replaced or exchanged parts taken out under this warranty become the property of WAA. This Warranty is subject to the Product being properly installed, maintained, used for its intended purpose, and operated strictly in accordance with WAA’s recommendations and installation guide.

 

19. This Warranty does not extend to a Product(s) that has been modified in any way unless with WAA’s express consent.

 

20. This Warranty does not cover the normal wear and tear of the Product(s) or damage caused by misuse, abuse, or vandalism. The Warranty does not cover any malfunction or failure resulting from neglect, use of unauthorized parts and accessories, or use with higher water pressure than indicated on the Product. The Warranty does not extend to damage caused by rain, fire, earthquake, or other natural causes or acts of nature.

 

21. It is expressly agreed that this shall be the sole and exclusive remedy of the Buyer stated herein and under no circumstances shall WAA be liable for any costs, losses, expenses, damages, special damages, incidental damages, or consequential damages arising directly or indirectly from the design, manufacture, sale, use, or repair of the Product(s), whether based upon warranty, contract, tort, or strict liability.

 

22. All Conditions and Warranties implied by law or statute are hereby expressly negatived so far as they lawfully can be.

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ACCEPTANCE AND CLAIMS

23. Acceptance of the Products shall be deemed for all purposes to have taken place at the expiration from the date of each delivery. Any damage caused during or as a result of transit will not be the responsibility of WAA. Any faulty systems must be returned with the Pressure Limiting Valve. In the event of a Warranty Claim, the Product must be forwarded at the Buyer’s own risk and expense to WAA together with proof of purchase. This limited Warranty is void if the Product under Warranty is presented without the said original invoice.

 

24. WAA may request that a Statement accompany the Original Invoice signed by the Buyer setting out the following terms:

a. The name and address of the Buyer.

b. The date and by whom the Product was purchased.

c. The date and by whom the Product was installed.

d. The location where the Product was installed.

e. The date and time the Product first appeared to malfunction.

f. The nature of the problem with the Product.

g. The date and time of any and all loss event/s.

h. The date and time WAA was first notified of the Product malfunction.

 

25. A failure by the Buyer to submit the said Statement within 28 days after such request is made by WAA will automatically void the Warranty. A failure to answer truthfully or to answer in a way that is misleading entitles WAA to void the Warranty and to notify the police in the event of suspected fraudulent conduct.

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RISK

26. The risk in the Product will pass to the Buyer 7 days after delivery for supply-only customers directly purchased from WAA, allowing time for the customer to inspect the system.

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RETENTION OF TITLE

27. WAA will retain title to (but not risk) in the products(s) delivered to you until WAA has received payment in full for such product from the Buyer regardless of whether installed or not and regardless of the location of the product(s).

 

28. The Buyer will store the goods in such a way as to enable them to be separately identified and will keep them insured at its own expense with WAA's interest noted on any such insurance cover.

 

29. You must not offer, sell, assign, sublet, mortgage, pledge, encumber, or otherwise deal with the product(s) that would detract WAA’s ownership of the product(s) until the Price and any other payment or sum due to WAA is paid by you.

 

30. If the Buyer fails to make any payment when due or becomes bankrupt or becomes insolvent or has a judgement entered against it in any Court or enters into any scheme of arrangement, composition, or assignment or is in receivership or voluntary administration or liquidation, the Buyer grants WAA the licence to enter any of the Buyer's premises where the Product is stored and without notice to re-take possession of and remove at the Buyer's cost and expense the Product in respect of which title has not passed to the Buyer.

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LIABILITY/INDEMNITY

31. WAA and you acknowledge that under applicable State and Commonwealth law certain clauses, conditions, guarantees, and warranties may be implied in this Agreement and there are rights and remedies conferred on the Customer in relation to the provision of goods or of services which cannot be excluded, restricted, or modified by agreement (Non-excludable Rights). The terms of this Agreement are subject to the non-excludable rights.

 

32. Except to the extent of Non-Excludable Rights, WAA will not be liable for:

a. any claim by you or any other person including without limitation any claim relating to or arising from all clauses, conditions, guarantees, and warranties expressed or implied and all rights and remedies conferred on you by statute, the common law, equity, trade custom or usage, or otherwise; and

b. any representations, warranties, conditions, or agreement made by any agent or representative which are not expressly confirmed by WAA in writing and the liability of WAA for any such matters is hereby excluded.

 

33. Where (and to the extent) permitted by law, the liability of WAA of a Non-Excludable Right can be limited, WAA’s liability is limited at WAA’s election to one of the following:

a. replacement of the product(s) or supply of equivalent products;

b. resupply of the affected Services;

c. repair of the product(s);

d. payment of the costs of replacing the product(s) or acquiring equivalent product(s);

e. payment of the cost of providing equivalent services to the affected Services; or

f. payment of the cost of having the product(s) repaired.

 

34. Notwithstanding any other provision in this Agreement, WAA is in no circumstance (whatever the cause) liable in contract, tort (including without limitation negligence or of statutory duty) or otherwise to compensate the Customer for any:

a. costs or expenses;

b. loss of profit, revenue, business, contracts, or anticipated savings;

c. loss or expense resulting from a claim by a third party; special, indirect, or consequential loss, damage, or expense; or

d. death or personal injury (illness) whatsoever and howsoever arising.

 

35. To the full extent permitted by law, WAA’s liability to the Customer for all claims made by you in relation to an of this Agreement or otherwise, whether arising under contract, negligence, or any other tort under statute or otherwise, will not exceed in aggregate the amounts paid by you under this Agreement.

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RIGHTS FORFEITED

36. The Buyer forfeits any right or claim against WAA warranty if:

a. The System is operated with a water temperature higher than 42° Celsius. However, we strongly recommend bypassing the system for at least 15-30 minutes daily if the outside temperature exceeds 40° Celsius. All taps should be opened during this process.

The System is not serviced every 12 months or in accordance with the standard change period on the Filter Change Schedule. However, customers need to bypass the system and flush for 15 minutes every 6-12 months. If the source water is not chlorinated town water, filters need to be removed and disinfectant added.

b. If you are away from home for more than 24 hours, we recommend flushing the system for 15-30 minutes and bypassing the system for another 15 minutes upon return. All taps should be opened during this process.

c. The System damage results from water hammer, freezing, neglect, or is not installed by a licensed plumber in accordance with the AS3500 plumbing code installation and plan.

d. The System is subject to water pressure that exceeds the maximum recommended pressure. The System is not installed with an Australian Standards approved Pressure Limiting and Dual Check Valve.

e. The System has been found to be tampered with or if the goods have not been operated or maintained strictly in accordance with WAA's recommendations.

 

DEFAULT

37. On the happening of any one or more of the following events namely:

a. You fail to make payment to WAA on the due date.

b. An administrator or liquidator is appointed over any or all of the assets of the Buyer or a scheme of arrangements is proposed to approve with respect to the buyer.

c. In the case of you being a natural person, the Buyer commits an act of bankruptcy; then WAA may at its option exercise all or any of the following rights (notwithstanding any prior failure to exercise such rights):

i. Demand payment of the whole of the monies owing from you to WAA and you agree to pay the same immediately.

ii. You shall pay to WAA interest on such amount outstanding at the rate of 2% per month and any costs with respect to solicitors, legal advisors, mercantile agents, and other agents acting on behalf of WAA in respect of any enforcement hereof or recovery or attempted recovery of monies owing by you to WAA.

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FORCE MAJEURE

38. WAA will not be liable to you for any delay in performing its obligations under these Terms of Sale if such delay is caused by circumstances beyond WAA’s control including but not limited to failure or interruption in the provision of essential services such as electricity supply, bank payment systems, or postal deliveries.

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PRIVACY

39. WAA may use your personal information that is collected when you purchase any product(s) from WAA pursuant to these Terms of Sale. WAA will comply with privacy laws and WAA’s Privacy Policy at (www.wateranalytics.com.au/privacypolicy).

 

40. By purchasing any product(s) from WAA, you agree to your personal information being collected, used, or dealt with in accordance with WAA’s Privacy Policy.

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GENERAL

41. If any of these Terms of Sale is found by a court of competent jurisdiction to be void, invalid, or otherwise unenforceable, that term shall be severed to the extent of the invalidity and unenforceability with no effect to the validity or enforceability of the remaining terms.

 

42. These Terms of Sale constitute the entire agreement between you and WAA concerning your purchase of any product(s) and supersede all prior representations, contracts, statements, and understandings whether verbal or in writing.

 

43. Any failure by WAA to exercise or enforce any right or provision under these Terms of Sale shall not constitute a waiver of any of WAA’s rights.

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JURISDICTION

44. WAA and you agree that this agreement and its provisions shall be construed in accordance with the laws of the State of New South Wales and be resolved by a New South Wales Court.

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CUSTOMER ACKNOWLEDGEMENT

You (customer) acknowledge that you have been informed that:

• The water softening/at-scale cartridge (if selected) may help reduce limescale damage but will not completely eliminate it.

• Unless via Reverse Osmosis (3 Stages of POU), the TDS reading will not change as the structure of the hard particles are changed, not eliminated.

• I have been informed that standard tap water provided by utility providers complies with the Australian Drinking Water Guidelines and that more information about this can be found on their websites.

• Water pressure is normally not noticeably affected, however in a small number of installations with pre-existing low-pressure readings where the system is installed prior to reticulation, low pressure heads may be required.

• In no way has Water Analytics Australia or its authorized agents/contractors represented or informed me that unfiltered/unrefined water is unsafe or dangerous.

• Filter changes are required between 12-18 months depending on water quality and usage. Any verbal representations by consultants must be confirmed in writing on the contract.

• For Credit Card & EFT payment, the invoice must be paid in full prior to or on the day of installation.

• Payment plan (“water as a service”) customers – I have completed the application myself and am informed the account keeping fee is not included in the contract. Reference - $1.5/week subject to the finance provider).

• We have provided you with a link (as below) to our marketing disclaimer which offers comprehensive details on all product-related claims and encompasses hard copy marketing materials and email attachments. This disclaimer ensures you have a complete understanding of the information presented. https://www.wateranalytics.com.au/marketing-disclaimer.

• We have informed you that you also need to regularly disinfect the system. For example, periodically bypassing the system so that all pipes are flushed with chlorine-containing water. This ensures that all indoor pipes are cleaned. You need to flush all taps and shower heads for at least 15-30 minutes. It is recommended to perform this every 3-6 months.

• The frequency at which you should change the filter depends on your usage and the quality of the water in your area. The recommended intervals for filter replacement and the maximum lifespan provided above are based on typical Australian tap water quality and the average water usage of a household with three people.

• Provides a free sediment filter every 6 months for POE 3 Stages System users, regardless of clogging.

• No freight charges for filter replacements, including free sediment filters. However, for the free sediment filter within the POE 3 stages system, WAA will no longer cover shipping costs once the warranty period ends. If the warranty is renewed through our warranty renewal program, we will continue to cover shipping. Otherwise, customers must pick up the filters from our warehouse, where they will be free.

• Honors warranty upon system relocation with advance notice. This includes product warranty only and does not cover external plumbing parts installed by third parties.

• For subscription customers we will make sure that your filters are either delivered to you or replaced (depending on the specific subscription service you have chosen) according to the mentioned recommended filter change schedule.

• For models not listed here and for filters used irregularly please refer to the WAA website for recommended filter change intervals or contact our office for more details.

• Economical filter changes available through a subscription plan. More information: https://www.wateranalytics.com.au/category/filter-subscription. Prices subject to change. WAA has the responsibility to make every effort to stabilize filter replacement prices, which is in the best interest of both WAA and its customers.

• Wholesale customers' end users must register the warranty themselves or through a third-party company at https://wateranalytics.com.au/warrantyregistration. This ensures WAA's system records the customer's eligibility for warranty extension. If the end user does not purchase filters from WAA or reach the minimum $330 spend, they will not be eligible for the warranty extension. Furthermore, if purchased through a wholesale (reseller) channel, the end user must register the warranty within 60 days of installation to receive the free sediment filter and to be eligible for the WAA POE 3 Stages warranty extension program.

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By purchasing our products/services, customers acknowledge and agree to be bound by these terms and conditions above.