Terms and Conditions
Delivery fees may apply at the discretion of your local Poolwerx outside of these terms. Contact your local Poolwerx for more information. These prices and delivery fee is only available for a limited time at participating Poolwerx locations within Victoria. Please note there is a $10 deposit required for orders of 15L drums of chlorine or acid. By submitting the enquiry above or choosing to get items delivered from Poolwerx, you agree to the Terms of Sale- Chemical Products, which are outlined in full below.
Terms of Sale- Chemical Products
Terms and Conditions of Sale – Chemical Products
1.1 These terms and conditions relate only to Chemical Products Orders being delivered by or on behalf of Relevant Franchisees.
1.2 All Chemical Orders are subject to these terms and conditions.
1.3 Please read these terms and conditions carefully before placing a Chemical Order.
1.4 By placing a Chemical Order, you agree that you will be subject to and will comply with these terms and conditions.
1.5 You must be at least 18 years of age to place a Chemical Order.
2 Placing an Order for Chemical Products
2.1 You may order Chemical Products by selecting and submitting your Chemical Order to the Relevant Franchisee over the phone, by email or in-store. With email orders, the Relevant Franchisee will need to contact you via telephone to confirm your order (and the availability of the Chemical Products). Please therefore ensure that when you send your email, your telephone number is provided. It is recommended that a mobile phone number is provided.
2.2 Any Chemical Order placed by you is an offer by you to purchase the Chemical Products you order for the price notified to you (including delivery charges, other charges and GST) at the time you place the Chemical Order.
2.3 To place a Chemical Order, you must specify:
2.3.1 the Chemical Products being ordered;
2.3.2 the quantity of the Chemical Products being ordered;
2.3.3 your home address for delivery, which must be within a Poolwerx service area;
2.3.4 your payment information; and
2.3.5 any other details reasonably required to process and finalise your order.
2.4 The Relevant Franchisee must collect, use and destroy any payment card information provided by you in accordance with all applicable laws. The Relevant Franchisee must use its best efforts to process your payment, if you are supplied payment card information, using the Windcave Payment Gateway (i.e. card not present transaction), which is PCI-DSS compliant.
2.5 You must ensure that you check all of the details you provide in relation to your Chemical Order and correct any errors before submitting your Chemical Order.
2.6 You acknowledge and agree that:
2.6.1 there are risks and hazards associated with Chemical Products including in relation to:
22.214.171.124 the selection of specific Chemical Products by you;
126.96.36.199 the method of delivery to you;
188.8.131.52 the placement at your home address upon delivery to you,
184.108.40.206 the storage, handling, use, safe keeping and disposal by you,
of those Chemical Products;
2.6.2 you should check the provider of your home insurance, contents insurance or landlord’s insurance (as applicable) in respect of any insurance requirements that may apply to the storage of Chemical Products at the insured premises;
2.6.3 you may be asked to provide certain additional delivery and other details for the purposes of:
220.127.116.11 safely fulfilling and delivering your Chemical Order; and
18.104.22.168 your safety and the safety of the Relevant Franchisee fulfilling your Chemical Order.
2.7 You agree to provide current, complete and accurate details when asked to do so by the Relevant Franchisee or Us.
3 Acceptance or rejection of an Order
3.1 Your sale agreement is with the Relevant Franchisee who accepts and fulfils your order. Your offer to purchase is subject to acceptance by the Relevant Franchisee, certification and evidence of you being over 18 years of age, the availability of stock and the Chemical Products which are the subject matter of your offer being ascertained and appropriated by the Relevant Franchisee.
3.2 The Relevant Franchisee reserves the right to accept or reject your Chemical Order including where any requested Chemical Product is not available, if there is an error in the price or the description of the Chemical Product posted on the Poolwerx Platform, in-store or elsewhere or an error in your Chemical Order. Minimum or maximum quantities for Chemical Orders may apply.
3.3 Each Chemical Order placed by you that is accepted results in a separate binding agreement between you and the Relevant Franchisee for the supply of the Chemical Products which are the subject of the Chemical Order.
3.4 For each Chemical Order that is accepted, the Relevant Franchisee must supply the Chemical Products in that Chemical Order to you in accordance with these terms and conditions.
3.5 If a Chemical Order placed by you is rejected, the Relevant Franchisee will endeavour to notify you of that rejection at the time your order is placed or within a reasonable time after that.
4 Delivery of Chemical Products
4.1 You acknowledge that delivery by the Relevant Franchise to you of your Chemical Order is not a bronze service as that term is used elsewhere on the Poolwerx website – see https://www.poolwerx.com.au/services/residential/regular-service-gold-silver-bronze/
4.2 Chemical Products will only be delivered to a home address which is within a Poolwerx service area. The Relevant Franchisee will use its best efforts to notify you at the time you place your order if your proposed delivery address is not in an existing Poolwerx service area.
4.3 Some Chemical Products are incompatible for storage with, in or near other Chemical Products and multiple deliveries may therefore be necessary to fulfil your Chemical Order. Upon receipt of your Chemical Order, please promptly read the instructions from the manufacturer of each Chemical Product in your order carefully to determine if any of the Chemical Products are incompatible. If they are, exercise extreme caution and ensure they are stored and/or used separately as recommended or instructed by the manufacturers. If you are not sure, call your Relevant Franchisee immediately for advice.
4.4 In respect of certain Chemical Products, specific instructions may be sought from you including to relation to a location to place those products when delivered that:
4.4.1 provides a level and dry surface;
4.4.2 allows incompatible products to be kept separately;
4.4.3 allows for the products to be kept in an upright condition with lids tightly closed;
4.4.4 is protected from the weather, impact damage, interference with the products by humans or animals and which does not allow public access to the products.
4.5 At the time you select your Chemical Products, you may be given an option to select a timeframe for delivery. Although the Relevant Franchisee will endeavour to deliver the Chemical Products within the timeframe provided, timeframes are indicative only. Many factors known and unknown may affect delivery timeframes including traffic or other unforeseen circumstances. A refund or discount on your Chemical Order or delivery fee will not apply if your Chemical Order is delivered later than anticipated.
4.6 If you select the “leave unattended” option for your Chemical Order, the Relevant Franchisee will endeavour to contact you on the telephone number you nominate when you place your Chemical Order once they arrive at your home address. If you are unable to be contacted, your order will be left unattended at the location you nominate at you home address.
4.7 You agree that the Relevant Franchisee and We will not be responsible for any loss, damage or destruction caused to your property (including pets) or any illness, injury or death suffered or incurred by you or anyone else in connection with the delivery of your Chemical Order to the location nominated by you at your delivery address.
4.8 You acknowledge that the Relevant Franchisee is only delivering the Chemical Products to you. The Relevant Franchisee and We accept no responsibility whatsoever in relation to any result that you may or may not achieve by use of the Chemical Products in respect of your pool, the condition of your pool before and after the use by you of those products or any loss or damage caused to your property including your pool or suffered by you or anyone else as a result of the storage, handling, use, keeping and disposal of those Chemical Product by you or anyone else which are factors which you acknowledge and agree are factors over which the Relevant Franchisee and We have no control. You irrevocably waive your rights to make any claim, or commence any proceedings, against the Relevant Franchisee and Us in relation to the storage and use of the Chemical Products.
4.9 At the time of delivery, the Relevant Franchisee can ask you or the person accepting delivery of your Chemical Order to provide:
4.9.1 photographic identification to prove that you or they are at least 18 years old; and
4.9.2 if the Chemical Order has been paid by credit card, that credit card to enable a verification check to be conducted.
4.10 If there is no one or no appropriate person (for example, above 18 years old) present at your home at the time of delivery or if Relevant Franchisee cannot access your nominated location for delivery of your Chemical Order for unattended deliveries (for example, where a gate is locked, a dog who the Relevant Franchisee fears may bite is present, a slip or trip hazard is present), then the Relevant Franchisee:
4.10.1 will not deliver the Chemical Products you have ordered; and
4.10.2 may charge you a fee of up to $25.00.
4.11 The Relevant Franchisee will use its best efforts to contact you or you may contact the Relevant Franchisee to arrange for delivery at a different time, and an additional delivery fee may be charged to you for the replacement delivery.
4.12.1 acknowledge and agree that any person at your home address who accepts delivery of your Chemical Order is authorised by you to do so and, where relevant, make payment for that order;
4.12.2 will ensure that the person receiving your Chemical Order is at least 18 years old.
4.13 You acknowledge that we may record the details of any identification provided in relation to delivery of the Chemical Products you ordered.
4.14 You permit us to take photographic evidence at your home address of the delivery of your Chemical Order in accordance with these terms and conditions.
4.15 If you choose to have your orders delivered to a workplace or other address which is not your home address, you are solely responsible for ensuring compliance with:
4.15.1 all rules, policies, procedures and laws that apply regarding deliveries of Chemical Order to that alternate address; and
4.15.2 these terms and conditions.
5 Delivery Fees
5.1 Delivery fees are at the absolute discretion of the Relevant Franchisee with whom you place your Chemical Order and will be advised to you by the Relevant Franchisee when you place that order.
6 Manufacturer’s Instructions and Safety Data Sheets
6.1 You represent and warrant to the Relevant Franchisee and to Us that you acknowledge, understand and accept:
6.1.1 the inherent risks and hazards associated with Chemical Products,
6.1.2 that it is it is vitally important that the instructions provided by the manufacturers of the Chemical Products including in relation to their storage, handling, use, safe keeping and disposal and the use of personal protective equipment by you be followed.
6.2 Manufacturer’s Safety Data Sheets can be provided to you (at not cost) upon request to the Relevant Franchisee.
7.1 You indemnify the Relevant Franchisee and Us (together, the Indemnified Parties) from all losses, costs (including legal costs on a full indemnity basis), damages and other liabilities suffered or incurred by the Indemnified Parties arising from or in connection with:
7.1.1 any failure by you to comply your obligations in the these terms and conditions;
7.1.2 any failure to store and use Chemical Products safely and in accordance with the manufacturer’s specifications;
7.1.3 any use of the Chemical Products for a purpose other than the sanitation of, or maintenance of, swimming pool water or spa water; and
7.1.4 any illness, injury or death caused to any personnel of the Relevant Franchisee at or on the premises where the Chemical Products are delivered.
7.2 The indemnity in clause 7.1 does not apply to the extent the relevant losses, cost damages or other liabilities are caused or materially contributed to by the Relevant Franchisee’s gross negligence.
8.1 In these terms and conditions:
8.1.1 Chemical Order means an order for Chemical Products;
8.1.2 Chemical Products means chemical products that can be ordered from Relevant Poolwerx Franchisees by consumers for domestic use only in quantities and in a manner that is consistent with household use;
9.1 These terms and condition are in addition to our standard terms and conditions. See
9.2 If there is any inconsistency or incompatibility between these terms and conditions and our standard terms and conditions, these terms and conditions prevail to the extent of that inconsistency or incompatibility.