Warranty | Poolside Glass

For clarity: “the Supplier” refers to Poolside Glass, the business you purchased from. “Manufacturer” and “wholesaler” refer to the third party business that made or supplied the Goods, who Poolside Glass purchases from and ships directly on your behalf. Poolside Glass remains your point of contact throughout any claim, even where the Goods themselves need to be sent to the manufacturer or wholesaler for inspection.

Our warranty is in accordance with our suppliers and our terms have been listed below. This will change over time so make sure you keep up to date.

Warranty for Goods

1.1. The Supplier warrants that the Customer’s rights and remedies arising from a warranty against defects are in addition to other rights and remedies under any applicable law in relation to the goods and services to which the warranty relates.

1.2. The Supplier does not purport to restrict, modify or exclude any liability that cannot be excluded under the Competition and Consumer Act 2010 (Cth) or any related or complementary legislation or regulations as in force and amended from time to time.

1.3. Unless otherwise specified for a particular product, the Supplier provides a 12 month warranty against defects from the date of delivery. Where a specific product page, listing, or manufacturer documentation states a different warranty period, that period will apply instead. This warranty period is in addition to, and does not limit, any rights or remedies available to the Customer under the Australian Consumer Law, which may extend beyond this period depending on the nature of the Goods and the failure.

1.4. The Customer should report any suspected defect in the Goods as soon as reasonably possible after it becomes apparent. Prompt reporting allows the Supplier to properly assess the issue and liaise with the manufacturer or wholesaler on the Customer’s behalf. The Customer acknowledges that delayed reporting may make it more difficult to establish that a defect existed at the time of supply, which may affect the Supplier’s ability to process a claim. This clause does not limit or affect any rights or timeframes available to the Customer under the Australian Consumer Law, including for major failures or goods not of acceptable quality.

1.5. The Supplier warrants: Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Goods repaired or replaced if the Goods are not of acceptable quality and the failure does not amount to a major failure.

1.6. Where a return or claim relates to a change of mind, or a minor issue not amounting to a failure under the Australian Consumer Law, the Customer is responsible for any additional costs incurred, including labour and freight. Where a claim relates to a major failure or a failure to meet a consumer guarantee under the Australian Consumer Law, the Supplier will work with the Customer to arrange a reasonable remedy in accordance with that law, including reimbursement of reasonable return freight costs where required by law.

1.7. To the extent permitted by law, the Supplier’s liability in connection with the Goods, whether under this warranty, in contract, tort or otherwise, is limited to the purchase price paid by the Customer for the Goods giving rise to the claim. Where the Goods and Services are not of a kind ordinarily acquired for personal, domestic or household use or consumption, the Supplier’s liability for a consumer guarantee under the Australian Consumer Law in relation to those Goods and Services is limited to, at the discretion of the Supplier (dependent on the product purchased):
1.7.1. The resupply of the Goods and Services;
1.7.2. The payment of the cost of providing the Goods and Services again.

1.8. The Supplier is a reseller of Goods manufactured and supplied by third party manufacturers and wholesalers. The Supplier does not manufacture the Goods and is not the warrantor of any manufacturer specific warranty. Where Goods are covered by a manufacturer’s warranty, that warranty is provided by the manufacturer on its own terms.

1.9. Goods supplied by the Supplier are shipped directly from the manufacturer or wholesaler to the Customer’s nominated delivery address and do not pass through the Supplier’s possession at any point. Accordingly:
1.9.1. The Supplier cannot inspect Goods prior to delivery and relies on the manufacturer’s or wholesaler’s quality control processes;
1.9.2. Where a Customer reports a suspected defect, the Supplier will contact the relevant manufacturer or wholesaler on the Customer’s behalf to raise the claim and seek a resolution;
1.9.3. There is no dedicated representative available on site, and all communication with the manufacturer or wholesaler regarding a claim will be coordinated through the Supplier;
1.9.4. This clause does not limit the Customer’s rights under the Australian Consumer Law, and the Supplier remains responsible for ensuring those rights are met, including by pursuing a remedy with the manufacturer or wholesaler on the Customer’s behalf where required.

1.10. Where Goods need to be returned to the manufacturer or wholesaler as part of a claim, the Customer is responsible for arranging and paying for that return freight upfront. This cost is not automatically reimbursed. Where the claim is subsequently assessed as a major failure or a failure to meet a consumer guarantee under the Australian Consumer Law, the Supplier will reimburse reasonable return freight costs in accordance with clause 1.6.

1.11. The Customer must not install, modify, cut, drill, or otherwise alter any Goods suspected of being defective. Where a Customer proceeds with installation or use of Goods after becoming aware of a suspected defect, the Supplier’s ability to provide a remedy may be limited to the extent the Customer’s actions caused or contributed to the loss or damage.

1.12. The Customer must retain all original packaging, components, and documentation until any suspected defect has been resolved or the Goods have been inspected. Where the Customer disposes of Goods, packaging, or documentation before inspection has occurred, and this prevents the Supplier or manufacturer from properly assessing the claim, the Supplier’s ability to provide a remedy may be affected.

1.13. Where an order consists of multiple items, panels, or components, and only one or some are found to be faulty or damaged, only the affected item(s) will be replaced, repaired, or refunded, not the entire order, unless the fault affects the order as a whole.

1.14. The Customer must open and inspect all packaging and Goods immediately upon delivery or collection, before signing for receipt where applicable and before moving, storing, or relocating the Goods. Any damage, shortage, or defect that is apparent on inspection must be reported to the Supplier immediately, together with photographic evidence taken before the packaging is disturbed further or the Goods are moved from the delivery location.

Where the Customer fails to inspect Goods immediately upon delivery, or fails to report apparent damage at the time of that inspection, the Customer bears the onus of establishing that any damage or defect later identified did not occur after delivery. The Supplier and any relevant manufacturer, wholesaler, or freight provider are entitled to treat Goods as having been received in good condition where no damage was reported at the time of delivery.

This clause applies specifically to damage or defects that are apparent on a reasonable visual inspection at the time of delivery. It does not limit or affect the Customer’s rights under the Australian Consumer Law in relation to defects that are not apparent until later use, including major failures or goods not of acceptable quality.

1.15. Where a Customer reports a faulty or damaged item, any replacement, repair, or refund is subject to the manufacturer or wholesaler confirming that the fault was not caused by the Customer, including through misuse, incorrect installation, or damage occurring after delivery. Where the manufacturer or wholesaler confirms the fault is not attributable to the Customer, the Supplier will arrange the appropriate remedy in accordance with this warranty and the Australian Consumer Law.

1.16. Where a manufacturer or wholesaler declines a claim, the Supplier will review the basis for that decision and, where the Supplier’s arrangements with the manufacturer or wholesaler entitle the Supplier to dispute it, will do so on the Customer’s behalf. As the relevant manufacturers and wholesalers are trade-only suppliers not directly accessible to the public, the Supplier acts as the Customer’s sole point of contact throughout this process.

1.17. Where a custom, made-to-order, or modified item (including but not limited to Acoustic Box enclosures and cut-to-size products) is found to be genuinely faulty under the Australian Consumer Law, the remedy will be determined by the Supplier in consultation with the manufacturer, and may take the form of repair, remake, or refund, at the Supplier’s discretion, having regard to what is reasonable in the circumstances. This clause does not apply to change-of-mind returns, which are addressed separately and are not available for custom or made-to-order items.

Claims made under Warranty

1.18. Subject to clause 1.2, claims for warranty should be made in one of the following ways:
1.18.1. The Customer must send the claim in writing together with proof of purchase to the Supplier’s business address.
1.18.2. The Customer must email the claim together with the proof of purchase and photos to info@poolsideconstructions.com.au
1.18.3. The Customer must call or text 0456 416 530, which is the direct number to the owner.

1.19. As Goods are shipped directly from the manufacturer or wholesaler, the Customer is not required to return Goods to the Supplier’s premises. Instead, the Customer must ship the Goods directly to the manufacturer or wholesaler nominated by the Supplier, following the return instructions provided. The manufacturer or wholesaler is responsible for inspecting the Goods and determining whether a defect exists and what remedy, if any, applies. The Supplier will assist the Customer in coordinating this process but does not control or guarantee the outcome of the manufacturer’s or wholesaler’s assessment. Where the manufacturer or wholesaler determines that the Goods fail to meet a consumer guarantee under the Australian Consumer Law, the Supplier remains responsible for ensuring the Customer receives the remedy they are entitled to under that law.

1.20. The Supplier will not accept claims for damaged or defective Goods, or for Goods returned, where the Customer has not maintained proper care of the delivered Goods. Proper care includes, but is not limited to, correct storage prior to installation, handling in accordance with any instructions provided, and installation by a suitably qualified person where required.