TERMS AND CONDITIONS
Complete Fibreglass Pool Kits (CFPK)
1. Acceptance of Terms and Conditions
1.1 Acceptance of the proposal provided to you by CFPK is taken as confirmation that you have read, understood and accept the following Terms and Conditions.
2. Australian Standards
2.1 All fibreglass pool shells are made in Australia and comply with the relevant Australian Standards as warranted by the pool shell manufacturer.
3. Deposit Payment and Council Approval Application Documents
3.1 The deposit amount specified in your proposal must be paid by electronic transfer to CFPK nominated bank account.
3.2 Should your order include non-standard specifications, the manufacturer may request an increased deposit amount from CFPK up to a maximum of 25% of the order value. CFPK will advise you of the revised deposit amount which must be paid to CFPK within three (3) working days.
3.3 Upon confirmation of the deposit payment by CFPK banking institution, CFPK will email you the technical and generic engineering information required for your council approval application. Should your council request a site specific engineering detail, such as however not limited to, a Form 126, you will need to arrange this directly with the manufacturers Consulting Engineer and meet any expense associated with any site specific documentation required.
3.4 The engineering information contains considerable manufacturers intellectual property. Therefore, the deposit payment is non-refundable with exception of the following:
3.4.1 Your council pool permit application is rejected due to unresolvable compliance or technical grounds.
3.5 In the instance of clause 3.4.1, you can terminate your order contract and CFPK will provide a full refund within five (5) working days of a copy of the council application rejection letter being provided by you to accounts@completefibreglasspoolkits.com.au
3.6 Depending on your local council, approval can take between three (3) and twelve (12) weeks. CFPK does not provide any assistance with the council application process other than as per Clause 3.3. You must contact your local council to be aware of the information that is required for approval and the associated application fees. Alternatively, you can engage an independent private certifier to assist with the approval process.
3.7 It is solely your responsibility to ensure the required permits are obtained from your relevant council before commencing the installation and ongoing operation of your pool shell and pool equipment.
3.8 CFPK does not assist with designing pool location site plans or provide any advice, direction or comment in relation to compliance with Australian Standards associated with swimming pool installation and operation, the location of your pool, pool fencing compliance or any other consideration that might be required as part of installing and operating the pool shell and/or equipment supplied by CFPK.
4. Pool Kit Delivery Date
4.1 Prior to advising CFPK of your required delivery date, it is your responsibility to ensure:
4.1.1 the availability of any required trades or services assisting you with installation of your pool kit
4.1.2 the delivery date requested is after the estimated date of council approval
4.2 You must advise CFPK of your required delivery date at least thirty (30) working days prior to delivery being required.
4.3 Should your delivery date need to be changed within thirty (30) working days of delivery, your final balance payment invoice is due and payable as per the original balance payment invoice due date. This is to ensure your pool shell remains in the manufacturers production schedule which is pre-scheduled up to 8 weeks from manufacture date.
4.4 Changes in delivery date will be considered at the manufacturers discretion if the request is provided in writing to CFPK less than ten (10) working days prior to the current delivery date. Should the request be approved by the manufacturer, a $385 incl GST rescheduling administrative fee will be charged. This fee must be paid to CFPK prior to the pool shell being released for delivery.
4.5 Changes to the colour of your pool shell or the location of any manufacturer installed accessories cannot be made within thirty (30) working days of your scheduled delivery date.
4.6 CFPK accepts no liability for the impact of supplier related delays in the delivery of your pool and equipment and any subsequent financial or consequential loss.
5. Final Balance Payment and Production
5.1 The final balance payment is due and payable ten (10) working days prior to the scheduled delivery date. Any delays in providing the final balance payment will delay the production of the pool shell and your scheduled delivery date.
5.2 The final balance payment is non-refundable.
5.3 CFPK reserves the right to pass on any annual supplier price increases should the final balance payment not be made within nine (9) months of the proposal acceptance date.
5.4 Delivery must occur within 12 months of the proposal being accepted. Should delivery not occur within 12 months of the proposal acceptance date, the order contract will be terminated and the deposit payment forfeited to CFPK.
6. Pool Shell and Equipment Delivery
6.1 Delivery of your pool shell is arranged by the manufacturer and/or using pool shell delivery companies. All pool shell and equipment deliveries have transit insurance provided by the freight company and are insured against transit damage. While every assistance will be provided by CFPK to resolve any issues, CFPK accepts no liability for damage incurred during the delivery of your pool shell and equipment. 6.2 You must advise CFPK in the Order Confirmation form of any access restrictions or other delivery requirements to allow sufficient delivery planning. You will be solely responsible for any costs associated with delays due to insufficient access.
6.3 CFPK will endeavour to provide you with a specific three-hour time window for delivery on the agreed delivery date where possible.
6.4 Your pool shell cannot be unloaded on council or government owned land such as median strips, parks or any other area not privately owned.
6.5 If for any reason the pool shell is unable to be safely unloaded on the agreed delivery date, a redelivery fee will be incurred which will be payable by you
6.6 CFPK recommends being present for the delivery of your pool shell to ensure it is unloaded in your preferred and safe location.
6.7 It is essential that the pool shell is inspected for any damage or missing items prior to the delivery driver departing the delivery location. Once the delivery driver departs, you are deemed to have accepted delivery of the pool shell as is and CFPK accepts no responsibility for any damage or missing items once delivery is accepted.
6.8 Queensland, New South Wales and Victoria Deliveries – unless specifically notified in writing by CFPK, your pool shell will be unloaded to your front kerb or easily accessible area on the requested delivery date. The quoted delivery fee in your proposal is to unload the pool to your front kerb or easily accessible area only. Under no circumstances will the pool shell be unloaded and lowered into the excavated area where the pool will be installed. You will be solely responsible for any costs associated with requests to deliver the shell outside of the terms of this clause.
6.9 South Australia and Western Australia Deliveries – unless specifically notified in writing by CFPK, your pool shell will be delivered by a vehicle without lifting equipment. It is your responsibility and your cost to arrange for the pool shell to be unloaded from the delivery vehicle. The quoted delivery fee in your proposal is to transport the shell to your front verge only. You will be solely responsible for any additional charges by the pool shell delivery company associated with delays in unloading the pool shell.
6.10 Should there be any defects or delivery related damage to your pool shell, you must notify CFPK in writing and with relevant photographs within one (1) day of delivery.
6.11 Your equipment will be delivered by separate courier/s arranged by the equipment supplier. CFPK will endeavour to provide you with notice of an estimated date of delivery prior to the delivery date.
6.12 Equipment deliveries are made with an authority to leave the equipment at the delivery address if you are not able to receive the delivery. If for any reason the equipment is unable to be safely delivered, a redelivery fee will be incurred.
6.13 Upon receipt of an equipment delivery, please ensure you have received the items listed on your invoice and have checked for any damage that may have occurred during transit. You must notify CFPK in writing within one (1) day of any missing or damaged equipment items otherwise CFPK accepts no responsibility for any associated costs related to replacement equipment.
6.14 Should you change your mind in relation to the equipment delivered, a restocking fee may be charged by the supplier if the supplier accepts returns. It is your responsibility to arrange and pay for return delivery charges including appropriate transit insurance, directly to the supplier. Any returned equipment is to be unused, unmarked and in the original packaging.
7. Customer Arranged Pool Shell Collection and Delivery
7.1 If you have arranged with CFPK to independently transport your pool shell from the manufacturer’s factory at your own expense, it is essential that the pool shell is inspected for any damage or missing items once the shell has been loaded on the delivery vehicle by the manufacturer. Once the delivery vehicle commences any forwards or backwards movement with the pool shell loaded, you are deemed to have accepted delivery of the pool shell as is and CFPK accepts no responsibility for any damage or missing items.
8. Installation
8.1 CFPK does not provide installation services relating to any pool shells and equipment purchased through CFPK. CFPK does not provide any advice or guidance in relation to pool shell or equipment installation in any manner. Any information in CFPK’s physical, digital or electronic marketing material/s should be considered general in nature and in no way be considered installation advice, installation direction or installation guidance.
8.2 CFPK takes no responsibility in relation to the installation of the pool shell and equipment supplied by CFPK nor assumes any liability in relation to issues arising from installation or the ongoing operation of your swimming pool and equipment.
8.3 Installation of your pool shell must be in accordance with the manufacturer provided engineering details associated with your pool shell model and size, and any relevant Australian Standards (such as, however not limited to, AS1838:2021) associated with the installation of fibreglass swimming pools, to ensure manufacturer provided warranties are not voided.
8.4 It is your responsibility to ensure that the installation and ongoing operation of your swimming pool and equipment is compliant with all relevant Australian Standards, warranty conditions, operational manuals and local council requirements.
8.5 Warranties offered by CFPK suppliers vary and it is your responsibility to ensure you comply with the terms of the supplier’s written warranty.
8.6 If CFPK provides you with the details of an independent trade or service in relation to the delivery, installation or maintenance of your pool, this should not be construed as a recommendation from CFPK or a warranty in relation to the quality of work. It is your responsibility to ensure the independent trade or service holds any required licenses, permits and insurance and that they have the appropriate skills and experience to complete the work you engage them for.
Version 1.6 Updated 12th October 2022