Terms & Conditions
Splash Pool & Spa Australia PTY LTD
ABN: 12 656 570 473
NSW Contractor Licence: 384261C
1. Enquiries, Inspections & Quotations
All enquiries received through our official communication channels, including phone, SMS, email, website forms and third-party platforms, are initially assessed by our Sales Team.
Quotations may be prepared following a preliminary site inspection or remotely, based on photographs, measurements, descriptions and other information provided by the client.
Initial quotations are prepared using our standard estimating procedures and assumptions. They may be subject to further inspection, verification and technical review before proceeding.
2. Final Technical Assessment & Approval
All proposed works remain subject to final technical assessment and approval by our Project Manager and/or Site Supervisor, who are responsible for confirming site conditions, application suitability, technical feasibility and compliance with relevant installation and warranty requirements.
For operational efficiency, some quotations may be issued by our Sales Team before this final assessment has been completed.
Where a subsequent review identifies unsuitable conditions, technical limitations, safety concerns or requirements outside the original scope, Splash Pool & Spa Australia may propose amendments, additional works or alternative solutions.
Where the proposed works cannot reasonably be performed safely or in accordance with applicable technical requirements, we may decline to proceed before entering into a binding works contract.
3. Quote Validity & Pricing
All quotations remain valid until the expiry date specified in the quotation.
Prices and availability are subject to review after expiry. Any revised pricing will be communicated to the client for approval before proceeding.
Quotations are based on the measurements, information, site conditions and scope available at the time of preparation.
4. Pricing Assumptions & Existing Conditions
Unless otherwise specified, all pricing assumes standard working conditions, reasonable site access and industry-standard preparation requirements.
Concealed or unforeseen conditions, including substrate deterioration, hollow surfaces, structural defects, waterproofing failures, ground movement or other conditions not reasonably identifiable during the initial assessment, may require further investigation, additional work or a revised scope.
Any additional costs or variations will be communicated for client approval before the relevant additional works are undertaken.
5. Quotation Acceptance & Pre-Booking
Clients wishing to proceed must communicate their acceptance or intention to proceed through one of our official communication channels.
Following this confirmation, our team will advise the next available proposed scheduling window.
A client's expression of interest or acceptance of a preliminary quotation does not, by itself, guarantee a booking date or confirm that all technical and contractual requirements have been satisfied.
Clients are encouraged to respond promptly to proposed dates, as scheduling availability may change while confirmation is pending.
A pre-booking is a provisional scheduling arrangement only and remains subject to final technical approval, contract requirements and the agreed booking process.
6. Scheduling & Project Commencement
All proposed commencement dates are subject to availability, existing project commitments, weather conditions, material availability and operational requirements.
Dates provided during the quotation or pre-booking stages are indicative until confirmed through the applicable booking and contractual process.
Once a works contract is entered into, commencement dates, permitted extensions and any subsequent scheduling changes will be managed in accordance with that contract and applicable law.
7. Contract & Invoice Documentation
Following confirmation of the proposed scope and scheduling arrangements, Splash Pool & Spa Australia will prepare the relevant documentation for client review.
This generally includes:
Digital Service Contract (PandaDoc): Detailing the agreed scope of works, service-specific conditions, responsibilities, exclusions and applicable warranties.
Invoice (Xero): Outlining the relevant payment requirements and agreed payment schedule.
Clients are responsible for reviewing these documents and raising any questions or discrepancies before signing or making payment.
The quotation and these general terms do not replace any written contract required under applicable NSW legislation.
8. Scope of Works & Exclusions
Only services, materials and activities expressly included in the accepted scope of works are covered by the quoted price.
Unless specifically stated, exclusions may include:
Pool jets, water features, covers and rollers.
Electrical works, including lighting, pumps and automation.
Additional plumbing and equipment modifications.
Council permits, approvals and associated fees.
Structural repairs and engineering assessments.
Leak detection and rectification outside the agreed scope.
Excavation, soil removal or disposal beyond the specified allowance.
Any other works not expressly included in the quotation.
Any additional services must be separately assessed, priced and agreed upon before commencement.
9. Variations & Item Pricing
Quoted item prices are calculated in consideration of the overall project scope, shared resources, labour allocation, site attendance and operational efficiencies.
Removing, replacing or modifying individual items may affect the pricing of the remaining works.
Any proposed variation must be reviewed and agreed upon in writing, including its cost and any scheduling implications, before the varied work proceeds.
10. Materials, Allowances & Availability
Materials are subject to supplier availability, product specifications and applicable quotation allowances.
Where a paving or coping stone allowance of AUD $2,000 is specified, it applies to the material selection and quantity assumptions identified in the quotation. Upgrades, additional quantities, special-order products or other variations may incur additional costs.
Any applicable material allowance will be identified in the quotation. It is not automatically included in quotations that do not specify it.
Material substitutions or additional costs will be discussed and agreed upon before ordering or proceeding.
11. Site Access & Client Responsibilities
Clients must provide safe and reasonable access to the work area, including any agreed access to water, electricity and other facilities required for the works.
Where excavation is included, the client must disclose known underground services and arrange identification of relevant services as required.
Clients must also disclose any known structural issues, previous repairs, leaks, waterproofing problems or other conditions that may affect the proposed works.
Unforeseen access restrictions or site conditions may require changes to the scope, price or schedule, subject to agreement and applicable contractual terms.
12. Structural Conditions & Specialist Assessments
Unless expressly included in the contracted scope, our services do not include structural engineering assessments, certifications or rectification of major structural defects.
Existing structural movement, settlement, cracking, hydrostatic pressure, substrate failure and related conditions may require assessment by a suitably qualified engineer or other relevant specialist.
Where such conditions could compromise the proposed installation, additional investigation or rectification may be recommended before proceeding.
Splash Pool & Spa Australia does not provide a separate structural warranty for existing structures or conditions outside the contracted works. This does not limit any statutory obligations or liability arising from our own work.
13. Payment Terms
Payment requirements, deposits and progress payments will be specified in the relevant contract and invoice.
All payment arrangements must comply with applicable legislation, including statutory limits on deposits and requirements relating to progress payments and insurance where applicable.
Overdue payments may affect work progression, subject to the agreed contract and applicable law.
14. Warranties, Existing Conditions & Consumer Rights
Warranty periods and conditions vary according to the services, materials and products supplied and will be specified in the relevant service contract.
Where applicable, all residential building works remain subject to the statutory warranties prescribed under the Home Building Act 1989 (NSW) and the consumer guarantees provided under Australian Consumer Law.
Client-Acknowledged Risks & Limited Voluntary Warranty
In certain circumstances, existing pool conditions, structural limitations, substrate defects, waterproofing issues or other pre-existing conditions may affect the expected performance, durability or suitability of the proposed works.
Where such risks have been identified and communicated to the client, and the client requests to proceed with a limited scope of works, Splash Pool & Spa Australia may, subject to final technical approval, offer the service without its standard additional voluntary workmanship warranty or with specific limitations to that voluntary warranty.
Any such arrangement must be clearly documented and expressly acknowledged by the client in the relevant service contract before commencement.
The client acknowledges that identified pre-existing conditions outside the contracted scope may continue to affect the pool and that the proposed works may not resolve the underlying causes or prevent related issues from recurring.
Any limitations must be specific to the identified risks and must not be interpreted as excluding responsibility for defective workmanship, unsuitable materials or failures arising from Splash Pool & Spa Australia's own contracted works where liability applies under law.
Statutory Warranties & Consumer Protection
Any limitations described above apply only to additional voluntary warranties and identified risks outside the contracted scope.
Nothing in these Terms & Conditions excludes, restricts or modifies any statutory warranties, consumer guarantees, remedies or other rights that cannot lawfully be excluded under Australian law.
Right to Decline Unsuitable Works
Splash Pool & Spa Australia reserves the right to decline proposed works before entering into a binding works contract where existing conditions prevent a safe, technically suitable or legally compliant application.
Client acknowledgement or acceptance of identified risks does not oblige Splash Pool & Spa Australia to undertake works that fail to meet the company's technical, safety or applicable legal requirements.
15. Typographical & Administrative Errors
Reasonable care is taken when preparing quotations and supporting documentation.
If a typographical, clerical, calculation or administrative error is identified, we will notify the client and seek to clarify or correct the documentation before the relevant agreement is finalised.
Any correction to an existing binding agreement will be handled in accordance with applicable law and the agreement's terms.
Clients are encouraged to request clarification of any discrepancy before accepting a quotation.
16. Communication & Clarifications
For efficient assistance and accurate record-keeping, clients are encouraged to communicate through our official channels:
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Phone / SMS: 0433 701 201
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Email: sales@splashpoolspa.com.au
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Website: www.splashpoolspa.com.au
Any agreed changes to the scope, pricing or scheduling should be confirmed in writing.
17. General Conditions
These Terms & Conditions explain our preliminary quotation, assessment and pre-booking procedures.
Service-specific contractual conditions, technical requirements, payment schedules, warranties and execution responsibilities will be provided in the relevant contract documentation.
Where a binding contract has been entered into, the agreed contract terms and applicable legislation govern the execution of the works.
These Terms & Conditions must be read together with the applicable quotation and any subsequently executed service contract.
