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Purchasing Terms and Conditions – MINDER WATER INDUSTRIES

 

Prices

All prices are in USD, except when otherwise specified (Other currency usage has to be agreed on the exchange rate). All prices are excluding VAT, value added tax. Price is Ex Works and all local taxes and charges are excluded. Freight is not included. For certain items there could be a packaging fee.

Terms of payment

MINDER standard payment term is 30% deposit payment and 70% balance payment before delivery. All orders are to be confirmed with at least 30% deposit payment if nothing else is agreed to. Date of dispatch is based on date of deposit. All items remain the property of MINDER until paid in full. We reserve the rights to demand return shipment of any unpaid items. Past due accounts are charged 2% per month.

Delivery delay

Normal delivery delay, date for dispatch, for in-stock items is 1 week from firm order, taken into account certain backorders. Part shipments are possible if purchaser does not specify otherwise. Date of dispatch might be specified differently for all non-in-stock items, indicated in offer or communications.

Warranty

All products have it’s specific warranty period. This warranty is not valid if the products have been used differently than instructions or differently from expected usage.

 

Our responsibility is limited to shipment of new products only. Any return for repair or reimbursement has to be pre-approved, and subject to our evaluation only. In no case can we be held responsible for direct or indirect injuries, secondary injury or losses to the buyer.

 

For complete products warranty policy, please refer to MINDER ́s “Warranty Policy 2020”.

Transport

If nothing else has been agreed products are delivered Ex-Works our facilities. The freight company is responsible for delivery according to his delivery terms, and any transport damages shall be dealt with the freight company directly. When we arrange for transport the responsibility is according to national and international conventions for transport. Any delay on transportation availability will not be held accountable by MINDER WATER INDUSTRIES.

Returns

All complaints regarding transport shall be done in writing within 4 days of delivery. All damages during shipment shall be indicated at reception on the shipping documents before accepting the goods. Any invoicing complaint is to be done within 8 days of reception.

Changes without Notification

We reserve the rights to change constructions, dimensions and information in this price list, as well as prices, without prior notification. We reserve the rights for possible printing and information errors in pricelist

 

 

General Terms and Conditions for Delivery – MINDER WATER INDUSTRIES

 

 

Applicable

These general terms and conditions for delivery are to be applied to all MINDER deliveries. Any exceptions to these terms and conditions are to be agreed upon in writing in order to be valid.

Delivery

All deliveries are Ex Work MINDER ́s place of inventories (INCOTERMS 2018).

Delays

In case of delays, that is that MINDER fails to deliver within an agreed time frame for delivery, the buyer reserves the right to, by written notification only, inform MINDER of a reasonable date for delivery and to inform MINDER of their intentions to cancel order if said reasonable date for delivery is not met. If so, the buyer reserves the right for cancellation of the contract, but only for said products.

 

If the buyer cancels the agreement according to the delays above, he reserves a right for compensation from MINDER but only for the additional costs absorbed due to the delay and proven that it was necessary to purchase these products from another supplier. By doing so, the buyer cannot claim other compensations for delays from MINDER. If the buyer does not cancel the agreement, he is not eligible for compensation due to the delays.

Price adjustment

If customs and duties, taxes or other fees, are changed after the price has been agreed upon, the price will be adjusted accordingly.

Full Payment and Reserved rights of ownership

30% deposit upon order confirmation and 70% balance payment before delivery are the norm unless agreed upon. After 30 days from the date of delivery, a 2 % interest rate is applicable on all unpaid accounts. MINDER reserve the right to ownership of all products sold until full payment has been received.

Responsibility for damaged or defective products

MINDER agrees to that within the warranty period from invoice date, exchange products that are defective or damaged when received by buyer.

 

For complete products warranty policy, please refer to MINDER ́s “Warranty Policy 2020”.

Force Majeure

MINDER cannot be held responsible for any breach of contract if the circumstances are such that they are beyond our control, in case of a general strike, lockout, war, fire and wrongful or delayed deliveries from a MINDER supplier.

Applicable jurisdiction

Any disagreement shall be judged according to Australian law.

 

 

WARRANTY POLICY

 

Introduction

This document supersedes all previous version of our statements / publications.

 

Warranty Cover

If a defect occurs in any Minder product during the warranty period, Minder will at its discretion, repair the product or replace and install the defective part, free of charge provided that the defect results solely from poor workmanship or materials and subject to these terms and conditions. Customer will need to follow the below warranty claim process from Minder in order to obtain the benefit of this warranty. Minder is not, however, responsible under this warranty for any cost of shipping or transportation for the return of the products to Minder and the delivery of repaired or replacement product to customer. Minder shall not be liable for any loss of time, inconvenience, incidental expenses such as labor cost, phone calls, legal cost or material cost incurred in connection with the replacement or removal of the product, and any other consequential or incidental damage on persons or assets. Minder will not be responsible for any business profit loss due to operation stop and the non-conformity product. No indemnity or damages can be claimed on any account whatsoever.

 

Warranty Period

All products sold by Minder are covered by a one year warranty. The exceptions to this are the products listed in the schedule (which also specifies relevant warranty periods). All warranty periods commence on the date of invoice.

 

Product

 Warranty Period

Filters

 5 years (Valve: 1 year)

Pumps

 1 year

Underwater Lights

 1 year (Bulbs – 90 days)

Pool Ladders

 1 year

Control Devices

 1 year

Salt Chlorinators & UV Systems

 1 year

Fittings

 1 year

Cleaning Equipment & All others

 1 year

 

 

 Conditions of Warranty

 

This warranty only applies where:

  • The products requiring installation have been sold with installation included and have been installed by a licensed plumber, electrician, technician or a person supervised by one of these people, in accordance with any written installation instructions provided.
  •  
  • The products have been operated in accordance with written instructions supplied by Minder;
  •  
  • The products has been serviced and maintained regularly. (at least once a month);
  •  
  • Any pump has not been allowed to run dry nor to run on electrical extension cord;
  •  
  • Any pool and spa equipment has been used in water with a temperature not exceeding 40 degrees Celsius and non-salt water (except mild saline water which are compatible with swimming pool salt water chlorination systems), unless otherwise stated by Minder in both the respective product labels and brochures that it is suitable for seawater applications.

 

Exclusions

 

This warranty does not cover, and Minder will not be responsible for, any defect or damage caused or contributed to by:

a)    Installation or use of the product other than in accordance with Minder’s written instructions, any statutory requirements and these terms and conditions;

b)    Use of the product for a purpose other than for which it was designed or sold;

c)    Abuse, misuse, corrosion, internal and external, or normal wear and tear;

d)    Any repairs or modifications whatsoever carried out by any person, other than a Minder authorized service dealer;

e)    Damage caused by careless handling, improper repackaging or shipping;

f)     Damage caused by failure to maintain water chemistry in conformity with the standards of the swimming pool industry for any length of time.

g)    Damage due to unauthorized product modifications or failure to use original replacement parts from Minder.

h)    Damage caused by negligence or failure to properly maintain products as specified in the Minder’s written instruction.

i)      Damage caused by misapplication of electricity, natural calamities, or physical force.

j)      Damage caused by water freezing inside the product.

k)    Accidental damage, fire or other circumstances outside the control of Minder.

 

  

Claim Process

 

Minder’s Claim Process in 3 steps:-

  1. Customer contacts Minder’s salesperson and provides completed details of the claim which includes:

· Description of the complaint/failure

· Information about the failed/damaged products e.g. the product part number(s) and serial number(s)

  • · Relevant photos/videos (good quality images/ videos)

 

  1. Minder Quality Assurance Department will review the claim in accordance to the "Minder Warranty Policy" in the 2019 Minder Product Catalogue.

 

  1. After investigation, Minder will inform the customer of the said claim and follow up with the customer accordingly.

 

Minder Water Industries reserves the final right to exercise all warranties in case of disputes.

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