1. DEFINITIONS
1. Acceptance Form: Alongside the Proposal, the Acceptance Form, and terms and conditions constitute the Maintenance Agreement between Culligan and the Customer.
2. Accessories: Refers to supplementary items related to a Unit, such as taps, cup holders, CO2 equipment, drip trays, bottle wash racks, and installation kits.
3. Agreed Fee: Total fee for services provided by Culligan as outlined in Table 1 of the Proposal.
4. Authorised Reseller: An agent or reseller authorized by Culligan to distribute its Products and Services.
5. CPI: Percentage increase in the “All groups CPI” consumer price index measure published by the Australian Bureau of Statistics or equivalent body over the most recent 12-month period.
6. Critical Repairs: Repairs necessary for the normal functionality of a unit or addressing imminent component failures.
7. Customer: The entity specified in the Acceptance Form.
8. Fee Annual Increase: Annual rise in Agreed Fees.
9. Incidental Items: Goods, documents, or materials provided incidentally by Culligan during the supply of Goods, excluding bottles supplied for a Purezza system, which become the property of the Customer upon delivery.
10. Initial Term: Commencement period specified in Table 2 of the Proposal, starting within 30 days of the proposal date or upon receipt of the Acceptance Form if no date is provided.
11. Irreparable: A unit deemed impossible or uneconomical to repair.
12. Later Term: Subsequent term(s) as outlined in clause 4.2.
13. Maintenance Agreement: Comprising the Proposal, Acceptance Form, and these Terms and Conditions.
14. Payment Intervals: Frequency of payments as specified in the Proposal or agreed upon in writing by both parties.
15. Proposal: Document detailing the offered services, accompanied by the Acceptance Form and Terms & Conditions.
16. Proof Of Purchase: Tax invoice indicating seller, customer, date, and unit serial number.
17. The Services: Detailed in Table 4 of the Proposal.
18. Term: Encompassing both the Initial Term and any Later Terms.
19. Serviced Units: Includes freestanding dispensers, under sink chillers, boilers, benchtop units, or other units owned by the customer as specified in Table 3 of the Proposal.
20. Site Audit: Visit by Culligan or its representative to capture asset details, including serial number, model, and location.
21. Unit Age: Determined by manufacture date or purchase date from an Authorised Reseller, supported by Proof of Purchase.
22. Culligan: Entity responsible for servicing Serviced Units, as described in the cover pages; if unspecified, refers to Culligan Australia.
2. GENERAL
1. This document outlines the terms and conditions governing the maintenance of Serviced Units by CULLIGAN for THE CUSTOMER.
2. This agreement takes precedence over any other document or agreement between Culligan and the Customer, including any conflicting terms or conditions in other communications or documents.
3. Culligan will provide Services as detailed in Table 4 of the Proposal for the Serviced Units listed in Table 3 of the Proposal. In delivering these Services, Culligan commits to exercising due care, skill, and judgment and complying with relevant professional and business standards.
3. THE SERVICES
1. Inclusions
1. Services will be provided between 8am – 4:30pm, Monday to Friday, unless otherwise agreed, and shall include:
1. A site audit conducted in conjunction with the first planned works (relevant to SILVER and GOLD maintenance agreements only).
2. Filter and CO2 canister supply as scheduled in Table 1 of the Proposal (relevant to BLUE maintenance agreements only).
3. Filter and CO2 canister supply and replacement as scheduled in Table 1 of the Proposal (relevant to SILVER and GOLD maintenance agreements only).
4. Necessary repairs, part replacements, and adjustments for Serviced Unit malfunctions (relevant to GOLD maintenance agreements only).
2. Exclusions
1. Services do not cover additional filter or CO2 canister supply or replacements, critical repairs identified within the first thirty days of the agreement, or damage caused by unauthorized persons, poor water conditions, faulty third-party installation, or negligence.
3. Provisions for malfunctioned units under GOLD agreements are based on the age of the unit. Additional services under BLUE and SILVER agreements are chargeable at agreed rates.
4. Dispenser replacements are limited to standard chrome dispensers under this agreement; other colours or finishes incur extra charges.
5. Time of performance is not essential, though Culligan will endeavour to adhere to the specified frequency.
6. Culligan shall not be held liable for any delays or failures caused by the Customer’s non-compliance with Customer Obligations detailed in clause 6.
4. TERM
1. This agreement takes effect upon execution and continues throughout the Initial Term and any subsequent Later Terms.
2. Parties may extend the agreement by further 12-month periods (Later Terms) unless either party provides written notice of termination at least 30 days before the current term’s expiry.
5. PAYMENT OF AGREED FEE AND INVOICING
1. The Customer must pay the Agreed Fee in advance at specified Payment Intervals, within 14 days of Culligan’s tax invoice.
2. Culligan may adjust the Agreed Fee annually based on CPI changes, with such adjustments effective upon anniversary dates, notified via invoice.
3. Additional services requested by the Customer shall be invoiced separately.
4. Direct Debit
1. Customers opting for Direct Debit authorize Culligan to debit their nominated bank account on agreed dates, with provisions for insufficient funds and alteration or termination of the arrangement.
6. CUSTOMER OBLIGATIONS
The Customer must:
1. Fulfil obligations per this Agreement.
2. Pay Agreed Service Fee as per clause 6.
3. Cooperate with Culligan.
4. Provide access to Serviced Units as required.
5. Furnish necessary information and materials promptly.
6. Notify Culligan promptly of any matters affecting Services provision.
7. Ensure provided tools and equipment are suitable and well-maintained.
8. Obtain and maintain necessary licenses, permits, and consents.
7. CUSTOMER ACKNOWLEDGEMENTS
The Customer acknowledges:
1. Having relied on its judgment in entering this agreement.
2. DEFECTS, WARRANTIES, AND THE COMPETITION AND CONSUMER ACT 2010 (CCA)
3. Culligan’s liability is limited as per relevant laws and Non-Excluded Guarantees.
4. The Customer must inspect Services or Incidental Items upon delivery and notify Culligan of any defects or failures within seven days.
5. Subject to Non-Excluded Guarantees, Culligan’s warranties are limited as outlined.
6. Culligan is not liable for defects caused by Customer actions, continued use post-defect discovery, or force majeure events.
8. TERMINATION
1. Customer must notify Culligan of any changes in ownership or details.
2. Either party may terminate this agreement if the other party breaches obligations and fails to remedy it within 30 days.
3. Customer may terminate with 30 days’ notice.
4. Upon termination, Customer must pay outstanding amounts, and Culligan may seek damages for early termination.
9. PRIVACY LAWS
1. Culligan will comply with privacy laws, handling personal information per its privacy policy.
2. Customer authorizes credit checks and agrees to data usage as outlined.
10. WARRANTIES
1. Each party warrants its capacity to enter and perform under this agreement.
2. Both parties acknowledge reliance on these warranties.
11. GOODS AND SERVICES TAX
1. GST provisions apply as per the GST Act, with considerations for payments and adjustments.
12. MISCELLANEOUS
1. Unless specified otherwise, party approvals or consents are at their discretion.
2. Customer may not assign rights or obligations without Culligan’s consent.
3. Culligan may assign or subcontract without Customer consent.
4. Each party bears its costs unless stated otherwise.
5. This agreement constitutes the entire understanding, superseding all prior agreements.
6. Disputes will be settled via arbitration if unresolved within 30 days of written notice.
13. GOVERNING LAW
1. This agreement is governed by Australian law, and parties submit to the exclusive jurisdiction of Australian courts.
14. OUR LICENCES
WA Lic number PL5415, QLD Lic number 1315239, NSW Lic number 291743C, SA Lic number PGE284004