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In Swimming Pool
  1. Payment

    • 1.1 Payment is due on the day the services are completed. If you have provided your credit card details to the Pool Shop. The Pool Shop will process the payment in accordance with clause 2.

  2. Pre-authorisation of credit card

    • 2.1 At the Pool Shop’s discretion, you may be required to provide your credit card details before the Pool Shop commences the services.

    • 2.2 You consent to the Pool Shop pre-authorising the total quoted fees on your credit card (“Pre-authorisation’) to cover the Pool Shop’s fees for the Services.

    • 2.3 After the Pool Shop has completed the services, you must notify the Pool Shop within twenty four (24) hours of any alleged defect, damage or noncompliance with the agreed scope of the Services. If you fail to give notice within the specified time frame, the Services will be presumed to be free from any defect or damage and the Pool Shop is not liable to rectify any defects (to the extent permitted by law). After the specified 24 hours, the Pool Shop will process the payment on your credit card. The Pool Shop will send you an invoice and the payment receipt.

    • 2.4 The Pre-Authorisation will also be used for any variations that you request after the Pool Shop has commenced the Services.

    • 2.5 You acknowledge that:

    • (a) The Pre-Authorisation will affect your available funds balance or credit limit

    • (b) The Pool Shop cannot release, remove or lower the Pre-Authorisation, until the Pool Shop processes the final payment. This is a bank restriction and is outside the control of the Pool Shop:

    • (c) You are liable for any merchant fees or similar chargers incurred by the Pool Shop

  3. Late payment

    • 3.1 If for any reason the Pre-Authorisation cannot be effected or processed (e.g. you do not have a credit card or your credit limit is reached), the Pool Shop will send you an invoice and you will be required to pay that invoice within 7 days from the date of the invoice.

    • 3.2 Interest on an overdue invoice shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two percent (2%) per calendar month and such interest shall compound monthly at such a rate after as well as before any judgement.

    • 3.3 You are liable to pay the Pool Shop an account management fee of twenty dollars ($20.00) for each month (or part thereof) the overdue invoice remains unpaid.

    • 3.4 Interest and account management fees are recoverable as a debt due to the Pool Shop, and are payable from the date charges are applied to your account.

    • 3.5 If you default in payment (including by way of dishonoured cheque) of any invoice when due, you will indemnify the Pool Shop from and against all costs and disbursements incurred by the Pool Shop in pursuing the debt including (without limitation) all legal costs (on a solicitor and own client basis) and debt recovery costs.

  4.  Dispute over invoice or defects

    • 4.1 if you dispute the amount in the invoice or provide the Pool with a notice of defect in accordance with clause 2.3, the dispute may be referred a court of competent jurisdiction for determination without further demand or notice to you. If the court finds in the Pool Shops favour, you agree to pay the Pool Shop interest in accordance with clause 3.2 up to the date of judgement. You also agree to pay the Pool shops legal costs (on a solicitor and own client basis) and debt recovery costs.

  5. Credit Reports

    • 5.1 You agree to the Pool shop obtaining from banks, credit reporting agencies or others, a credit report containing personal information about you in relation to commercial trade and references or credit providers. You understand that this information can include any information about your credit worthiness, credit standing, credit history or credit capacity.

  6. Definitions

    • 6.1 “Services” means all services requested and supplied by the Pool Shop including the supply of any associated goods, reports, advice or recommendations as specified in the Pool Shops quotation, invoice or in any other written communications:

    • 6.2 “Pool Shop” means Robinia Rise Pty Ltd (ACN 127 767 300) trading as ‘The Pool Shop Kalamunda’ of 19 Canning Road, Kalamunda WA 6076 and include without limitation its officers, agents, subcontractors, successors and assigns or any person acting on behalf of and with the authority of Robinia Rise Pty Ltd:

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