Terms of Service
CORE WELLNESS – TERMS AND CONDITIONS
WARNING: THE PURCHASER MUST READ THESE TERMS AND CONDITIONS CAREFULLY. THEY INCLUDE CLAUSES WHICH LIMIT THE RETAILER’S LIABILITY. PLEASE PAY ATTENTION TO ALL PARTS OF CLAUSE 8.
1.1 Capitalized terms in these terms and conditions (“T&Cs”) will have the meanings given in clause 15.1. and these T&Cs will be construed in accordance with clause 15.2.
1.2 These T&Cs apply to all Goods sold by the Company. The Contract between the Parties includes these T&Cs, the Quotation, and all Invoice(s).
1.3 The Company is at liberty to update or vary these T&Cs at any time. The version of the T&Cs that applies to the Contract is the version that was current at the time of the purchase of the Goods. It is the Purchaser’s responsibility to read and understand the current T&Cs that apply to the Contract.
1.4 The Contract is the entire agreement between the Parties for the purchase and sale of the Goods, and all prior negotiations, representations, proposals, understandings, and agreements, whether in writing or not, are hereby excluded.
1.5 If this Contract involves special manufacture to the Purchaser’s specifications, it is not subject to cancellation by the Purchaser for any reason unless stated on the Invoice.
1.6 If the Company requests a deposit on the Price, the Purchaser must pay that deposit in the amount and at the time requested. [Note that the Company’s current practice is to request a deposit of 50% of the Price payable when submitting an order.] If the Purchaser cancels its order of the Goods (subject to clause 1.5), the Company will be entitled to retain up to 25% of the Price as liquidated damages to offset its costs and expenses resulting from the cancellation.
2. RISK IN GOODS
2.1 Risk in the Goods will pass to the Purchaser on dispatch to the delivery address specified by the Purchaser. This means that the Company is not liable for any loss or damage during transit, unless caused by the Company’s negligence. The Company is at liberty to instruct the Manufacturer to ship the Goods directly to the Purchaser, meaning that the Manufacturer will inspect the Goods before dispatch instead of the Company.
2.2 The Purchaser is responsible to ensure the Goods are complaint with any applicable laws and regulations that control the location, installation, and use of the Goods, including any local government by-laws, planning or building regulations, electrical or health regulations, and other official requirements including AS/NZ fencing requirements.
2.3 The Purchaser must not permit minors to use the Goods unless approved by their parent/guardian and a medical practitioner.
2.4 The Purchaser acknowledges that it has received a copy of the Manual from the Company or the Manufacturer, and agrees that it has read and understood the Manual, including all health and safety instructions and information, before using the Goods or permitting any other person to do so. In particular, it agrees to comply with the Manufacturer’s guidelines reproduced in clause 7.1.
3. RETENTION OF TITLE
3.1 Ownership of the Goods will not transfer to the Purchaser until all monies owed for its purchase, delivery and installation are received in full by the Company. This means that the Company may reclaim Goods not paid for fully by the time indicated in the relevant Invoice, or withhold dispatch.
4.1 The Purchaser acknowledges and agrees that:
(a) Prices contained in the Company’s Price List are based upon current costs at the time of publication; and
(b) unless shown otherwise in the Invoice, Prices are not firm and may be subject to alteration in accordance with the Company’s current Price List in effect at time of delivery. Wherever possible, the Company will alert the Purchaser in advance to anticipated increases in costs that will be passed on to the Purchaser.
4.2 Unless otherwise notified in the Quotation, any Prices quoted for supply of goods will only be valid for a period of 30 days from the effective date of the Quotation.
4.3 Unless otherwise stated, Prices set out in a Quotation or online are inclusive of GST unless indicated.
5.1 All amounts charged in Invoices are payable in full prior to dispatch of the Goods, unless another arrangement is made by the Parties.
6. DELIVERY / COLLECTION
6.1 The Company undertakes to make every reasonable effort to adhere to the delivery/collection date agreed with the Purchaser and recorded in the Quotation, Invoice or other sales documentation, but the Purchaser agrees that the Company will not be liable for any claim whatsoever for failure to supply the Goods on or by a specified date, and the Purchaser hereby releases the Company from all such claims that may arise at any time. The Purchaser acknowledges that the Company relies on independent third parties to process orders and supply the Goods, including the Manufacturer, carriers, and telephone and internet services providers.
6.2 The Purchaser is responsible for arranging pick up/delivery within 7 days from notification by the Company that the Goods are available from the Company’s relevant warehouse. Should the product not be picked up/delivered within 7 days of such notification, storage fees of $50 per week will apply unless otherwise agreed.
6.3 Should the Purchaser fail to collect the Goods within 30 days of the notification referred to in clause 6.2, then, in addition to any other remedies provided by law, Core Wellness may exercise any one or more of the following remedies:
(a) Rescind this Contract, upon which any monies paid by way of deposit or instalments of the purchase Price up to 50% of the total Price, excluding installation charges, will be absolutely forfeited to the Company as liquidated damages.
(b) Sue for specific performance.
(c) Re-sell the Goods and sue the Purchaser for any shortfall. Any profit made on any such resale will belong to the Company.
6.4 No responsibility is accepted by the Company for breakage or damage to or loss of the Goods in transit unless directly caused by the Company.
6.5 Should damage or loss occur in transit and the Purchaser has notified the Company and the carrier in writing immediately after the Goods have been received, the Company will help in pressing any claims against the carrier, but any liability will be with the carrier or other person who damaged the Goods, except to any extent directly caused by the Company’s negligence.
7. HEALTH AND SUITABILITY OF USER
7.1 The Purchaser agrees that it has noted and understood the following health and safety guidelines for use of the Goods (published by the Manufacturer of the Goods):
It’s always best to consult with a healthcare professional before starting any new recovery routine. Anyone with a pre-existing medical condition should not use this product or have written permission from their doctor to engage in Cold Water Therapy.
Cold water immersion can help reduce muscle soreness by constricting blood vessels and reducing inflammation.
It’s important to note that Chill Tubs are not suitable for everyone and can be uncomfortable or even dangerous for some individuals.
The Chill Tub is designed for use by one person at a time. It is intended for use by adults who have some experience in cold exposure and have at least a little knowledge about this topic.
If deliberate cold exposure is new to you then please learn more about this first and make sure it is safe for you. Also start gradually with temperatures of around 10 degrees and shorter durations of up to a minute to make sure you get used to it before taking the plunge.
Refer to User Responsibility AND Health and Safety Warnings sections in the Product Manual.
7.2 The Company declares that, to the best of its knowledge and information, the Goods are safe for use by healthy adults when used in compliance with the Manufacturer’s guidelines set out in clause 7.1, and the Purchaser agrees that:
(a) the Company cannot be and is not responsible for the health and fitness of any particular person who uses the Goods;
(b) the Purchaser will warn every user of the Goods that the person must comply with those guidelines, prior to their use of the Goods; and
(c) the Purchaser hereby releases the Company from any and all liability for any injury suffered by any person as a result of using the Goods, except to the extent caused by the negligence of the Company.
7.3 The Purchaser agrees that it is its responsibility to control the accessibility and use of the Goods, and hereby releases the Company from any liability in that respect, except to the extent caused by the negligence of the Company.
8. WARRANTY, LIABILITY & INDEMNITY
8.1 The following express guarantee applies to the Goods, subject to the Australian Consumer Law (if it applies) and clauses 9.1 and 11.2: the Company will repair or replace any part or parts of the Goods which it reasonably determines are defective, within a reasonable timeframe from date of delivery and/or installation, subject to the availability of any necessary replacement parts, provided always that the following conditions are observed:
(a) In the event of a claim under this guarantee, the defective part must be returned by the Purchaser to the Company for inspection and assessment. Where convenient, the Company will carry out such inspection on-site. If the Goods as a whole are deemed to be faulty, then the Purchaser is responsible for packing and transporting the Goods to a location in Australia specified by the Company.
(b) The responsibility of the Company under this guarantee is confined to restoring components of Goods or the Goods as a whole that are determined to be faulty, by repair or replacement. No liability is accepted for any other damage or loss, or to perform any other actions.
(c) This guarantee is voided if damage to the Goods occurs due to flooding, storms, or other acts of God, war, vandalism, general misuse or failure to operate the Goods or any attached services or equipment in accordance with regulations or any instructions supplied by the Manufacturer or the Company.
(d) This guarantee expires two (2) years after delivery of the Goods is completed.
8.2 Where the Company reasonably determines that the Goods are faulty due to defects in manufacture or materials, the liability (if any) of the Company, subject to the Australian Consumer Law (if it applies), will be limited to the replacement or repair of the goods, or a refund of the purchase price and will not extend to any consequential loss or damage incurred by any person.
8.3 The Company will not be liable for any damage or loss to the Goods if the Purchaser or any other person has altered, changed or modified the Goods from the form in which they were supplied by the Company, or where the Purchaser has used the Goods for a different purpose to which they were supplied by the Company or intended by the Manufacturer as explained in the Manual.
8.4 The Parties agree that the Company is not liable for any loss or damages arising from or related to:
(a) repairs or labour supplied by third parties, or consequential losses resulting from the unavailability or idleness of the Goods for any reason;
(b) the manner, frequency or duration for or in which the Goods are used;
(c) the fitness of the Goods for any particular therapy, treatment, or application, whether made known to the Company or not, and the Company expressly disclaims any expertise in such matters and the Parties agree that their relationship is simply one of buyer and seller of the Goods; or
(d) any actions taken with the Goods in contravention of the Manual;
except where directly caused by the Company’s negligence.
8.5 The Purchaser agrees that it has not relied on any predictions, forecasts, advice or statements of opinion by the Company, when purchasing or using the Goods, and has relied entirely on its own judgment.
8.6 Subject to any applicable law to the contrary, all implied conditions and warranties are hereby excluded.
8.7 Where the Goods are subject to a Manufacturer’s warranty that the Company is authorised to pass on to the Purchaser, the Purchaser is entitled to rely on that warranty instead of, or in addition to, any guarantee provided under these T&Cs or provided by applicable law. If the Purchaser chooses to rely on the Manufacturer’s warranty, the Company will use its best efforts to facilitate that claim, and will provide the Manufacturer with all relevant information in the Company’s possession, subject to the consent of the Purchaser.
8.8 The Purchaser hereby indemnifies, and will keep the Company indemnified, against all losses, damages and claims arising from any breach of this Contract by the Purchaser.
8.9 Subject to any law to the contrary (including the common law), the Purchaser agrees that, in the event that it brings a claim against the Company for loss or damage resulting from the Company’s breach of any of its obligations under this Agreement, the total amount of compensation that the Purchaser will be entitled to will be limited to an amount equivalent to the full amount of the Price.
8.10 The Company will not be liable to the Purchaser for lack of satisfaction experienced by the Purchaser or any user of the Goods. The Company does not guarantee that any person will enjoy using the Goods or derive any benefits from doing so.
9. PRODUCT LONGEVITY AND PROTECTION
9.1 Subject to the Australian Consumer Law, and unless caused by the negligence of the Company, the Parties agree that the Company is not liable for any discolouration or staining of the Goods’ surface or corrosion of any attachments, fittings or equipment supplied by the Company which are due to the condition of the local water supply or atmosphere, the failure by the Purchaser to locate the Goods in a covered and protected location away from direct sunlight, dampness, wet weather and rain, and these defects are not subject to the guarantee provided in clause 8.1.
9.2 The Purchaser acknowledges and agrees that the Goods are best cared for in accordance with the Manufacturer’s instructions in the Manual, and that following these instructions carefully is critical to the longevity and tidy appearance of the Goods. The Purchaser is responsible for exercising reasonable care when using, cleaning, servicing or repairing the Goods.
10. CREDIT CLAIMS & RETURNS
10.1 Any Goods returned by the Purchaser will not be accepted by the Company unless prior contact with a Company representative has first been made and a return authorisation (R.A.) number issued. The R.A. number must be displayed by the Purchaser (including its carrier) on ALL paperwork accompanying the returned Goods.
10.2 The Purchaser agrees that the following rules and procedures apply to all returns and credit claims:
(a) Credit claims will not be recognised by the Company unless the Invoice number and date is quoted on all returns or requests for credit.
(b) Claims for shortages or incorrect deliveries will not be recognised unless made within five (5) business days of receipt of the Goods.
(c) Claims for non-delivery must be made within seven (7) business days of receipt of the relevant Invoice(s).
(d) Goods returned (except for replacement or repair) must in in good resalable condition (merchantable quality) to be considered for credit. The Company will not accept returns which have been damaged or soiled whilst in the possession of the Purchaser or damaged during return transport.
(e) Freight charges on Goods returned will be borne by the Purchaser unless otherwise agreed to by the Company prior to the return.
(f) Any Goods returned for credit, other than faulty or incorrectly delivered items, will be subject to a restocking fee of no more than 50% of the Goods’ invoiced value.
(g) Receipt of returned Goods does not automatically signify that the Company will grant a credit note. A credit note will only be issued after the Goods have been inspected by a Company representative (and or the Manufacturer, where appropriate, in the Company’s reasonable opinion) and the reason for return has been deemed both satisfactory and legitimate by the Company.
11. PRODUCT INFORMATION
11.1 The Company declares that, to the best of its knowledge, the Manual provided with the Goods is reliable, but does not guarantee that any specifications included in the Manual are accurate. The Manual is given to the Purchaser as a guide only, with respect to installation, and the Purchaser agrees to rely on its own measurements and assessments when installing the Goods.
11.2 All information provided by or on behalf of the Company to the Purchaser regarding the Goods is subject to change without notice by the Company. The Company will use its best efforts to pass on any new information that it acquires about the Goods, which may reasonably affect the Purchaser (including the users of the Goods), to the Purchaser at the earliest reasonable opportunity.
11.3 The Purchaser agrees that the Company is not responsible for any loss resulting from the Purchaser’s reliance on any information or specifications supplied by the Manufacturer, in the Manual or otherwise, or any other information supplied by or on behalf of the Company, or any changes subsequently made to the foregoing information or specifications, except where resulting from the negligence of the Company.
11.4 The Purchaser acknowledges that the Goods should be powered via the relevant AS/NZ electrical connection for the location of use. The Purchaser agrees that it must consult a registered electrical contractor to ensure suitability of the Goods for any electrical supply used with the Goods. The Purchaser acknowledges that all homes governed by AUS/NZ standards must be protected, by law, with Residual Current Devices (RCDs), and agrees that failure to connect the Goods to a legally compliant electrical system with RCDs will void all warranties given by the Company in these T&Cs and will not be done by the Purchaser under any circumstances. The Purchaser hereby releases the Company from liability for any liability or claims resulting from a breach of this clause by the Purchaser.
12.1 The Contract is governed by and will be construed in accordance with the laws of the State of Western Australia. Each Party hereby submits to the exclusive jurisdiction of the courts of that State in all matters arising under the Contract.
14.1 The Company supplies the Goods as a finished product and is not responsible for any installation costs and expenses incurred by the Purchaser, including the cost of obtaining any necessary approvals, engineering drawings, local government permits, builders and fencing costs, or surveyors’ fees. The Purchaser agrees that all such costs and expenses are solely the responsibility of the Purchaser.
14.2 The Purchaser is responsible for obtaining all planning or building permits and licences required by the local government authority that controls the installation site of the Goods. The Company will make reasonable efforts to assist the Purchaser with these things, where possible.
14.3 Delivery charges are not included in the Price, unless stated in the Invoice.
14.4Before initiating any action to repair the Goods, the Purchaser agrees that it must consultthe Manual and comply with it. [Note: repairing the Goods may activate clause 8.3 of these T&Cs.]
14.5 Each Party must comply with all laws that apply to it in the performance of the Contract.
14.6 The waiver by a Party of a right or remedy under this Contract must be in writing to be effective, and a delay on any occasion does not prejudice a Party from exercising a right or remedy on that or any other occasion, unless a specified time-limit applies.
14.7 Where any dispute arises between the Parties regarding this Contract, the Parties agree that they must first attempt to resolve that dispute by negotiation in good faith, to commence within 21 days of either Party notifying the other of the dispute, before resorting to litigation, except in the case of urgent injunctions. If either Party requires it, the Parties will refer the dispute to an independent, mutually acceptable mediator as part of their negotiation, and each Party will pay one half of the mediator’s fees. If the Parties cannot agree on a mediator, either of them may request an executive officer of the WA Chamber of Commerce and Industry to appoint one. Each Party will bear its own costs of participating in negotiations and mediations under this clause.
14.8 If any part of the Contract (including these T&Cs) is found by a court to be illegal, void or invalid, that part will be ignored and the remainder given effect to the greatest extent possible.
15. DICTIONARY AND INTERPRETATION
15.1 The following definitions are used in these T&Cs:
“Chill Tub” means a cold water or ice-water immersion tub manufactured by Superior Wellness of the UK.
“Company” means Core Wellness Pty Ltd (ABN 26 667 872 040), including its principals, employees, contractors, agents and legal successors.
“Contract” means the contract between the Parties for the sale and purchase of the Goods.
“Goods” means a Chill Tub and any accessories or fittings supplied by the Company with it.
“GST” is defined in clause 4.3.
“Invoice” means an invoice for the purchase of the Goods, compliant with GST laws.
“Manual” means the product manual for the Goods prepared by the Manufacturer.
“Manufacturer” means the person or entity that manufactures the Goods, including any distributor that it uses, and its legal successors.
“Parties” means both the Purchaser and the Company, and “Party” means either of them.
“Price” means the purchase price for the Goods under this Contract, or for any associated accessories, fittings, equipment or services.
“Price List” means the Company’s current list for the prices of items that it sells, at the relevant time.
“Purchaser” includes the person or entity that purchases the Goods as identified in the Invoice, Quotation, Order or other purchase documentation, and their legal personal representatives, legal guardians, and/or successors in law.
“Quotation” means a written quotation or estimate for the supply of the Goods, including any conditions stated there.
“R.A.” is defined in clause 10.1.
“T&Cs” is defined in clause 1.1.
15.2 The following rules apply when interpreting this Contract:
(a) words denoting the singular include the plural and vice versa;
(b) references to “persons” include companies, trusts and other non-natural entities;
(c) words denoting any gender include all genders;
(d) headings are for convenience only and do not affect interpretation;
(e) a reference to a clause is a reference to a clause of these T&Cs unless otherwise indicated;
(f) a reference to any document or legislation includes reference to the same as amended, supplemented, varied or replaced from time to time;
(g) a reference to a time and date in connection with the performance of an obligation is a reference to the time and date in Western Australia (even if the obligation is to be performed elsewhere); and
(h) all notifications under these T&Cs are notifications in writing, which includes by email to the email address of either Party as stated in a Quotation or Invoice, except where the sender is not identified clearly in the email or advised by any entity involved in the transmission of the email that the email could not be delivered successfully.
VERSION ID: No 002 [07 August 2023]