TERMS AND CONDITIONS OF ENGAGEMENT
QUEENSLAND POOL HEATERS
WPP Pty Ltd trading as WaterPro Pool and Spa and Queensland Pool Heaters (ABN: 39674572402) Queensland, Australia
These Terms apply to all services and goods supplied by WPP Pty Ltd (“Company”, “we”, “us”, “our/s”) to the Client (“Client”, “you”, “your/s”, “customer”, “owner”).
NOTE: The Terms and Conditions are subject to periodic reviews and updates. The Terms and Conditions will be available on our website. It is the client’s responsibility to check the website for updated Terms and Conditions.
By engaging us, you agree to these Terms and Conditions.
1. Definitions
Services include, but are not limited to, installation, commissioning, maintenance, and associated works.
Goods include, but are not limited to, pool heat pumps, accessories, and related equipment supplied.
Commercial Client includes, but is not limited to, body corporate, strata, real estate, schools, resorts, and commercial premises.
2. Quotations & Pricing
a. Prices are as quoted and include GST unless stated otherwise.
b. All quotes are valid for 30 days unless otherwise stated. We reserve the right to terminate a quote’s validity early and without notice at our discretion if supply prices and/or product availability change materially and unexpectedly in the meantime.
c. Pricing is based on information provided by the Client and site conditions at time of quoting.
d. We reserve the right to vary pricing where unforeseen site conditions arise (including but not limited to access issues, electrical upgrades, plumbing modifications, or structural requirements).
3. Deposits & Payment Terms
a. A deposit (typically 30–50%) is required to secure booking.
b. Progress payments may apply for larger or commercial projects.
c. For residential clients:
i. Payment due within 7 days of invoice unless on direct debit.
d. For commercial / body corporate clients:
i. Payment due within 14 days unless otherwise agreed in writing.
e. We may require:
i. Upfront deposits for installations (between 30% and 50% as stipulated in quote).
ii. Full payment prior to equipment delivery for high-value items.
f. Overdue Accounts – if payment is not received by the due date and after a reminder email is sent:
i. An administration fee applies to be charged at $90/hour pro-rata payable (to reimburse time taken to follow up payment).
ii. Interest accrues daily at 5% per annum.
iii. Services may be suspended immediately.
iv. All outstanding amounts become immediately due and payable.
g. The Client is liable for all debt recovery costs, including legal fees on a solicitor-client basis, collection agency fees, court filing fees, our administrative fees, and enforcement costs that may arise because of overdue or unpaid invoices.
h. We may register a security interest over supplied Goods under the Personal Property Securities legislation.
i. Late payments may incur interest, legal, debt recovery, administrative or any other costs incurred as a result of failure to pay.
4. Retention of Title
a. Title to (or ownership of) Goods supplied remains with us until full payment is received.
b. Until payment is made in full:
i. The Client holds the Goods as bailee.
ii. We may enter the property (where lawful) to recover unpaid Goods.
iii. The Client must not sell, dispose of, or encumber the Goods.
c. Should the client breach any of the above, they are liable for any and all costs associated with recovering the debts owed
5. Delivery & Installation
a. Installation dates are estimates and subject to weather, supplier availability, and site readiness.
b. The Client must ensure clear and safe access to the installation area.
6. Electrical & Compliance
a. All electrical work must comply with Queensland regulations and will be carried out by a licensed electrician.
7. Client Responsibilities
a. The Client must:
i. Ensure site access is available at agreed times.
ii. Provide accurate information about pool size, location, and existing infrastructure.
iii. Ensure pool equipment is in working condition unless otherwise agreed.
iv. Maintain proper water chemistry before and after installation.
8. Tenanted properties
a. We will work with agents and tenants to facilitate servicing for tenanted properties as instructed.
b. We will comply with an agent’s instructions. It is the owner’s responsibility to communicate with the agent.
c. We are not responsible for costs incurred as a result of attending to an agent’s callout in circumstances whereby the owner has not authorised the expense unbeknownst to us.
d. We are not responsible for costs incurred as a result of a pool owner or tenant’s own actions/interference.
9. Performance & Heating Expectations
a. Heating performance depends on factors including ambient temperature, wind, pool cover use, and system sizing.
b. We do not guarantee specific heat-up times or temperature maintenance outside of quoted specifications or unforeseen weather events that may impact the heater’s capability (such as climate change).
10. Variations
a. Any changes requested by the Client after acceptance may incur additional costs.
b. Variations must be agreed in writing before work proceeds.
11. Warranties
a. Manufacturer warranties apply to all supplied equipment.
b. Warranty claims may be subject to manufacturer assessment and conditions.
12. Behaviour
a. We undertake to treat clients and members of the public with courtesy and respect in the performance of our duties.
b. We have a zero-tolerance policy for poor treatment of staff, including objectively rude or abusive tone or demeanour – either in person or in writing. We reserve the right to immediately cease a service or terminate ongoing service arrangements. In this case services ceased on the basis of poor treatment of staff, the client remains liable for the service charge/callout fee.
13. Suspension of Services
a. We reserve a discretion to immediately suspend services.
b. We may suspend Services where:
i. Invoices are overdue.
ii. Payment arrangements are breached.
iii. The site is assessed by us as being unsafe.
iv. There is, or we have assessed there may be a risk of, poor, abusive or threatening conduct – whether on site, in person, or via any other communications (such as telephone or email communications) with our staff members.
v. For any other reason.
c. Suspension of services does not waive our right to recover outstanding amounts.
14. Exclusions
a. Refer to quote for exclusions.
15. Limitation of Liability
a. We are not liable for indirect, incidental, or consequential losses.
b. Liability is limited to the cost of goods and/or services supplied.
c. We are not responsible for damage caused by pre-existing faults or inadequate pool systems/equipment.
16. Cancellation
a. Deposits are non-refundable once equipment has been ordered.
b. Cancellation fees may apply to cover costs incurred.
17. Access & Safety
a. The Client must provide a safe working environment in accordance with workplace health and safety requirements.
b. We reserve the right to refuse or cease work if conditions are unsafe.
18. Limitation of Liability
a. Nothing excludes rights under the Australian Consumer Law in Schedule 2 of the Competition and Consumer Act 2010.
b. To the extent permitted by law, our liability is limited to:
i. Re-supplying the Services.
ii. Paying the cost of re-supply.
c. We are not liable for:
i. Indirect or consequential loss.
ii. Loss of business revenue.
iii. Storm, flood or cyclone damage.
iv. Underground pipe failures.
v. Pre-existing structural cracking.
vi. Relying on information provided by the client or its representative that is untrue or inaccurate.
19. Indemnity
a. The Client indemnifies us against claims arising from:
i. Unsafe access.
ii. Failure to disclose known defects.
iii. Non-compliant electrical or plumbing systems.
iv. Any other circumstance outside of our control.
20. Force Majeure
a. We are not liable for delays or failure to perform due to events beyond our control, including extreme weather, supply chain disruptions, government restrictions, fuel price increases etc.
21. Governing Law
a. These Terms and Conditions are governed by the laws of Queensland, Australia.
22. Privacy
a. Client information will be handled in accordance with applicable privacy laws and used only for the purpose of providing services.
23. Entire Agreement
a. These Terms and Conditions along with the quoted information and any other information contained within email, text messages and (where relevant) file notes of conversations constitute the entire agreement between the parties unless otherwise agreed in writing.
24. Client Acknowledgement
By accepting a quote or engaging the Company, the Client acknowledges they have read and agree to these Terms and Conditions.
Service provider
WPP PTY LTD
T/A Queensland Pool Heaters
ABN: 39674572402
Authorised Representative: Tim Lyons
Position: Owner/Director/Principal Technician
1 April 2026