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CQSola Product Purchase Terms

  • 1. Acceptance of Terms

  • 1.1 The following terms and conditions (Product Purchase Terms) incorporate our Privacy Policy and Website Terms of Use and govern the purchase of products from www.cqsola.com (Website).
  • 1.2 These Product Purchase Terms form a legally binding agreement between you and Cqsola Pty Ltd ACN 632 445 955 trading as CQSola (CQSola, we, us). By clicking "I accept Terms and Conditions" below or ordering any Product from our Website, you acknowledge that you have read and understood these Product Purchase Terms and agree to be legally bound by them.
  • 1.3 If you do not agree to be bound, you must not click "I accept" or order any of our Products.

  • 2. Your warranties and obligations

  • 2.1 By placing an order on our Website you represent and warrant that:
    • (a) you are at least 18 years of age and have legal capacity to enter into this agreement;
    • (b) if you place an order on behalf of a company, you are authorised to bind that company to these Product Purchase Terms;
    • (c) you have all applicable approvals and permissions required for the installation of the Product at the Site, including permission from the Site owner and any regulatory approvals or permits required for compliance with applicable laws and regulations;
    • (d) installing the Product at the Site in accordance with your instructions will not cause us (or any Certified Installer) to contravene any applicable laws or regulations; and
    • (e) all details you provide to us for the purpose of purchasing the Product, including payment details, are true, correct and submitted in good faith.
  • 2.2 You agree to comply with these Product Purchase Terms, our Website Terms of Use, and all laws and regulations applicable to the purchase and use of our Products.

  • 3. Pricing and Product details

  • 3.1 Prices and specifications for Products on the Website are subject to change.
  • 3.2 Unless otherwise indicated on the Website:
    • (a) all prices quoted on the Website are in Australian dollars and inclusive of GST for retail Customers but exclusive of GST for wholesale Customers; and
    • (b) all delivery and installation costs are to be paid by you and are not included in the price.
  • 3.3 Where we provide images of Products on the Website, they are intended as a guide only and we do not guaranty that our Products will exactly match those pictured on the Website.
  • 3.4 If we incorrectly price or describe a Product and you make an order, we will contact you to let you know and we will give you the opportunity to cancel your order with a full refund or purchase the Product at the correct price.

  • 4. Availability

  • 4.1 We will endeavour to supply all Products published on the Website and to remove Products as they become unavailable. However, we do not guarantee availability.
  • 4.2 Where a Product you order is unavailable, we will notify you and give you the opportunity to cancel your order with a full refund or put the Product on backorder if we are out of stock (at your election).

  • 5. Orders

  • 5.1 When you make an order, you are offering to enter into an agreement to purchase the Products set out in your order. You must pay for the Products in full, including any applicable delivery costs, at the time of making the order.
  • 5.2 After you have completed the checkout process on our Website, we will send you an email confirming the details of your order and the estimated delivery time frame. Once payment is confirmed, we will send you an invoice and receipt for the relevant Products you have purchased.
  • 5.3 We will endeavour to dispatch your order within 2 business days of your payment being processed, unless we notify you otherwise.
  • 5.4 We may cancel your order prior to delivery for any reason, including if:
    • (a) your order does not meet the minimum or maximum order value (if any) set out on our Website;
    • (b) we are unable to supply the Product to you within a reasonable time frame;
    • (c) your payment has been dishonoured or reversed; or
    • (d) we determine the risk of payment fraud to be too high.
  • 5.5 If we cancel your order, we will notify you as soon as practicable and provide you with a full refund (if applicable).
  • 5.6 If you would like to modify or cancel your order, please let us know as soon as possible with reasons for the change. We generally cannot cancel or modify orders after dispatch. However, we will endeavour to accommodate reasonable requests for modification or cancellation where your circumstances have changed substantially since the order was placed.
  • 5.7 In the event we cancel or modify an order at your request, we reserve the right to charge you a fixed administration fee of $33.00 per request.

  • 6. Payment

  • 6.1 We use third party gateways, such as PayPal and Eway, to process payments for purchases made on our Website.
  • 6.2 You represent and warrant that all details you provide to us for the purpose of purchasing the Product from us will be correct, that the credit or debit card, or account or other payment method which you use is your own and that there are sufficient funds or credit facilities to cover the cost of the Product. We reserve the right to obtain validation of your payment details before providing you with the Product.
  • 6.3 If your payment is dishonoured or reversed for any reason after it has been submitted but before the Product has been dispatched, you must immediately make the payment again. We reserve the right to delay processing your order or dispatching the Product until we receive full payment.

  • 7. Delivery

  • 7.1 Please refer to our Website for a list of the locations we ship to.
  • 7.2 We use third party couriers to deliver the Products you order. Accordingly, delivery times may be impacted by shipping and other factors outside of our control and we can not guarantee delivery times. Any dispatch times and delivery dates we provide are estimates only.
  • 7.3 You must provide us with a valid delivery address for the Site. We will generally attempt delivery a maximum of three times before contacting you to make alternative delivery arrangements. You will be responsible for any additional re-delivery fees if you specify an incorrect delivery address.
  • 7.4 Title in the Product transfers to you once we have received full payment from you. Risk in the Product transfers to you once we have dispatched the Product. We are not responsible for damage to Products in transit, and recommend you obtain your own freight insurance if you are concerned by the risk of damage during transit.

  • 8. Installation

  • 8.1 We will arrange for the Products you purchase to be installed by a Certified Installer. We will contact you shortly after we process your payment to arrange a suitable time for installation at the Site. You must be at the Site at the scheduled installation time. You will be responsible for any costs associated with the Certified Installer having to attend the Site on multiple occasions because they have not been provided with access to the Site by you at the schedule time.
  • 8.2 Our Product must only be installed by Certified Installers. Certified Installers are third party contractors that are familiar with our Products and have typically undertaken basic training on the installation of our Products. A List of Certified Installers can be found here.
  • 8.3 CQSola will use reasonable efforts to ensure only appropriately qualified and capable installers are on our list of Certified Installers. Other than as set out in these Product Purchase Terms, to the fullest extent permitted at law, we do not accept any responsibility for defects, delays, damage, or Liability arsing from:
    • (a) the delays, action, operation, inaction, or failure of any third party service, software, or equipment;
    • (b) any acts, omissions or delays of any Certified Installer or its personnel; or
    • (c) the suitability of the Site for the installation of our Products.
  • 8.4 Attempting to install a Product by yourself, or with someone other than a Certified Installer, may void the Product warranty applicable to your Product (if any). Additionally, subject to any rights you may have under Australian Consumer Law, we only accept returns of surplus Product under clause 9.5 if the return has been authorised by a Certified Installer.

  • 9. Returns and refunds

  • 9.1 We only accept returns as set out in this clause 9 or as required under Australian Consumer Law. It is your responsibility to assess the suitability of the Site for our Products prior to making a purchase. We do not offer refunds or exchanges for change of mind.
  • 9.2 If you believe you have received the wrong Product, please let us know as soon as possible and return the Product to us in its original packaging.
  • 9.3 Subject to the remedies you may have under the Australian Consumer Law, if you return a faulty, defective or incorrect Product, we will offer one of the following (at our discretion):
    • (a) to replace the Product or defective component;
    • (b) to repair the defect; or
    • (c) to refund the price paid for the Product.
  • 9.4 We reserve the right to inspect the returned Product before determining whether a replacement, repair or refund is offered. We may refuse your request for an exchange or refund if the Product has been dealt with, or used contrary to, the instructions we provided you with.
  • 9.5 If there is a surplus of Product for the Site, we will accept a return of the surplus Product and provide a refund for that component of the price, provided that:
    • (a) the return is authorised by a Certified Installer, who must contact us directly;
    • (b) the return is made within 14 days of the date the Certified Installer attends the Site to install the Product; and
    • (c) the Product is returned in resalable condition and in its original packaging.

  • 10. Australian Consumer Law and limitation of liability

  • 10.1 Nothing in these Product Purchase Terms excludes, restricts or modifies any rights or remedies you may have under the Australian Consumer Law.
  • 10.2 Subject to clause 10.1, and to the maximum extent permitted by law:
    • (a) we exclude any term, condition, warranty, representation, guarantee or undertaking that may otherwise be implied into this agreement by legislation, common law, equity, trade, custom or usage; and
    • (b) despite any other provision to the contrary, our total liability and the total liability of our Indemnified Officers in connection with this agreement whether under contract or tort, will not in any circumstances exceed the total amount you have paid us for the Product to which your claim relates.

  • 11. Indemnity

  • 11.1 You agree to release, hold harmless and indemnify us and our Indemnified Officers against any Claim or Liability arising from or in relation to your breach of these Product Purchase Terms, including the warranties and obligations set out at clause 2.

  • 12. Governing law and jurisdiction

  • 12.1 These Product Purchase Terms are governed by the laws of Queensland, Australia, and the parties submit exclusively to the courts of that jurisdiction.

  • 13. Severability

  • 13.1 If any provision of this agreement is ruled by a court to be invalid or unenforceable, it shall not affect the validity or enforceability of any other provision or part provision of this agreement.

  • 14. Definitions and Interpretation

  • 14.1 In these Product Purchase Terms the following capitalised terms have the following meanings:
    • (a) Australian Consumer Law means Schedule 2 of Competition and Consumer Act 2010 (Cth).
    • (b) Certified Installer means an accredited installer of our Products listed at [insert URL].
    • (c) Indemnified Officers means, in relation to a party, its directors, employees, contractors, agents and representatives.
    • (d) Liability means any liability (whether actual or prospective), loss, damage, cost or expense of any description, including legal fees on a solicitor and own client basis.
    • (e) Product means any goods or services available for purchase from time to time on our Website.
    • (f) Site means the location selected by you for the installation of the Product.
    • (g) Website means the website which may be accessed at www.cqsola.com.
  • 14.2 The following rules of interpretation apply unless the context requires otherwise:
    • (a) a reference to a person includes a firm, a body corporate, an unincorporated association or an authority and vice versa;
    • (b) a reference to these Product Purchase Terms or another document includes any variation, novation, replacement or supplement to any of them from time to time;
    • (c) a reference to conduct includes any omission, representation, statement or undertaking, whether or not in writing;
    • (d) specifying anything in these Product Purchase Terms after the words including, includes or for example or similar expressions does not limit what else might be included unless there is express wording to the contrary;
    • (e) nothing in this agreement shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the Competition and Consumer Act 2010 (Cth)) and which by law cannot be excluded, restricted or modified.