Terms & Conditions

1. INTRODUCTION AND ACCEPTANCE OF TERMS

1.1 These Terms and Conditions ("Terms") constitute a legally binding agreement and govern all transactions, quotations, orders, sales, installations, services, website use, and any other dealings between Aqurise (a registered business name of Enerward, ABN 93 606 127 249) ("Aqurise", "we", "us", "our") and any person or entity ("Customer", "you", "your").

1.2 By accessing the Aqurise website (aqurise.com.au), requesting a quotation, viewing proposals, placing an order, accepting a proposal, engaging our services, or purchasing products from Aqurise in any manner whatsoever, you expressly agree to be bound by, and comply with, these Terms in their entirety.

1.3 If you do not agree to these Terms or any part thereof, you must immediately cease using our website, discontinue all engagement with Aqurise, and refrain from purchasing any products or services.

1.4 Aqurise reserves the unilateral right to amend, modify, supplement, or vary these Terms at any time, with or without prior notice. The current version will be published on aqurise.com.au. Your continued use of the website, engagement with Aqurise, or acceptance of services after any amendment constitutes your acceptance of the updated Terms.

1.5 These Terms must be read in conjunction with any proposal, quotation, invoice, order confirmation, or other written document provided by Aqurise. In the event of any conflict or inconsistency, these Terms prevail unless expressly stated otherwise in writing and signed by an authorised representative of Aqurise.

1.6 These Terms do not exclude, restrict, or modify any non-excludable consumer rights, guarantees, or remedies under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any other applicable law that cannot be excluded, restricted, or modified by agreement.

2. DEFINITIONS

In these Terms, unless the context otherwise requires, the following terms have the meanings set out below:

"ACL" or "Australian Consumer Law" means Schedule 2 of the Competition and Consumer Act 2010 (Cth), as amended from time to time.

"Aqurise", "we", "us", "our" means the registered business name Aqurise, operating under Enerward (ABN 93 606 127 249).

"Business Day" means any day that is not a Saturday, Sunday, or public holiday in New South Wales, Australia.

"Customer", "you", "your" means any natural person, corporation, partnership, trust, or other legal entity that purchases or seeks to purchase products or services from Aqurise.

"Deposit" means any upfront, non-refundable payment or security deposit required to confirm, reserve, or schedule an order or installation booking.

"Installation" means the physical fitting, connection, commissioning, testing, and handover of products at the Customer's nominated Installation Address.

"Installation Address" means the physical address where products are to be installed as specified in the proposal, quotation, order, or invoice.

"Products" means all water filtration systems, filter cartridges, spare parts, accessories, goods, materials, and other items supplied by Aqurise.

"Proposal" or "Quotation" means a written quotation, proposal, estimate, or offer document provided by Aqurise to the Customer.

"Services" means installation, maintenance, servicing, repair, consultation, water testing, system assessment, and any other services provided by Aqurise.

"Supply & Install" means the combined provision of both products and installation services by Aqurise.

"Supply Only" means the provision of products without installation services by Aqurise.

"Website" means aqurise.com.au and any associated subdomains, pages, or mobile applications operated by Aqurise.

"Warranty" means any express warranty provided by Aqurise in writing, excluding any implied warranties.

3. ABOUT AQURISE

3.1 Aqurise is a registered business name of Enerward, an Australian sole trader registered with the Australian Business Register (ABN 93 606 127 249), operating in the state of New South Wales.

3.2 Aqurise is a manufacturer-independent water filtration provider. We source and supply products from various third-party suppliers and manufacturers to provide tailored solutions for each Customer's specific needs. We do not manufacture products ourselves.

3.3 All installation and plumbing work is carried out by independent licensed plumbers and contractors in accordance with applicable Australian standards, regulations, and local building codes.

3.4 Aqurise does not provide medical advice, health advice, or make any claims regarding health benefits. Any representations regarding water quality are descriptive only and do not constitute health or medical claims.

4. PRODUCTS AND SERVICES

4.1 Product Descriptions. We make reasonable efforts to ensure that product descriptions, technical specifications, images, dimensions, and materials information published on our website and in proposals are accurate and current. However, minor variations may occur due to manufacturing tolerances, supplier updates, or unavoidable discrepancies. All images are for illustrative purposes only. We do not guarantee that colours or finishes will exactly match images due to variations in screen display, lighting, and printing processes.

4.2 Product Availability. All products are subject to current availability from suppliers and manufacturers. If a product becomes unavailable after you have placed an order or been quoted, Aqurise will notify you promptly and offer either: (a) an alternative product of equivalent or superior specification at the quoted price; or (b) a full refund of any deposit or payment made.

4.3 Product Suitability. Aqurise provides recommendations based on information provided by the Customer, visual site assessments, and industry knowledge. However, the Customer is solely responsible for ensuring that products and services are suitable for their specific requirements, premises, water conditions, climate, property type, and intended use. Aqurise does not guarantee specific outcomes regarding water quality, taste, smell, clarity, or any health benefits.

4.4 Third-Party Products. Some or all products may be manufactured by third-party suppliers or manufacturers. Such products are subject to the manufacturer's specifications, warranties, and conditions in addition to these Terms.

4.5 Compliance and Certifications. Products supplied by Aqurise comply with relevant Australian standards and, where applicable, carry WaterMark certification or other relevant certifications. Aqurise does not warrant or represent that products will meet any specific customer requirement or local regulation unless expressly stated in writing.

5. QUOTATIONS AND PROPOSALS

5.1 Quotation Validity. Unless otherwise expressly stated in the quotation document, all quotations and proposals are valid for 30 calendar days from the date of issue. After this period, quotations may be withdrawn or modified without notice. Re-quoting may be required if circumstances have changed.

5.2 Estimates and Non-Binding Quotations. Any quotation provided is an estimate only and may be subject to variation based on site conditions, access constraints, additional materials discovered during assessment, unforeseen circumstances encountered during installation, or changes in supplier pricing. Quotations are not binding contracts unless expressly confirmed in writing by an authorised representative of Aqurise.

5.3 Site Assessment and Assumptions. Quotations are based on information provided by the Customer and, where conducted, visual site assessments. If actual site conditions, water pressure, water quality, existing plumbing, structural elements, or other material factors differ from what was disclosed by the Customer or assessed by Aqurise, Aqurise reserves the right to revise the quotation, propose alternative solutions, or adjust pricing accordingly.

5.4 Additional Work and Variation Orders. If installation requires additional work beyond the scope of the original quotation due to site conditions, access difficulties, structural factors, plumbing issues, or any other circumstance, Aqurise will notify the Customer in writing and provide a revised quotation or variation order before proceeding. The Customer may approve or decline the additional work. If declined, installation may not proceed if the additional work is essential to safe installation.

5.5 Acceptance of Quotation. A quotation is deemed accepted when: (a) the Customer signs the proposal document; (b) the Customer pays the deposit or any payment; (c) the Customer provides written or verbal confirmation to proceed; or (d) the Customer books an installation date. Once accepted, the quotation becomes a binding order.

5.6 Errors and Corrections. Aqurise reserves the right to correct any clerical, typographical, computational, or other errors in quotations, proposals, invoices, or other documentation without liability to the Customer.

6. PRICING, PAYMENT TERMS AND INVOICING

6.1 Currency and GST. All prices are quoted in Australian Dollars (AUD) and include Goods and Services Tax (GST) at the applicable rate, unless expressly stated otherwise in writing.

6.2 Price Variation. Prices are subject to change without notice. The price payable by the Customer is the price as confirmed in the order confirmation, proposal, or invoice at the time the order is placed or accepted by Aqurise. Aqurise reserves the right to adjust prices to reflect changes in supplier costs, material costs, labour rates, or GST rates that occur after a quotation is issued. Any price variation will be notified to the Customer before work commences.

6.3 Deposit and Reservation Fee. A deposit of the amount specified in the proposal may be required to confirm, reserve, or schedule an order or installation booking. Deposits are non-refundable except as required by law or as expressly stated in these Terms. The deposit will be held as a reservation fee and will be credited against the final invoice amount on completion.

6.4 Payment Due Dates and Terms. Unless otherwise agreed in writing: For Supply & Install services: Full payment is due on or before the scheduled date of installation. For Supply Only: Full payment is due prior to dispatch. An invoice will be issued specifying the payment due date (typically 7–14 days from invoice date). Failure to pay by the due date constitutes a breach of this agreement.

6.5 Accepted Payment Methods. Aqurise accepts payment by: (a) bank transfer (Electronic Funds Transfer); (b) credit card or debit card (VISA, MasterCard, American Express); (c) BNPL services where available; or (d) other methods as specified in the invoice or as agreed in writing.

6.6 Bank Transfer Details. For payment by bank transfer, use the following details: Account Name: Aqurise; BSB: 082-356; Account Number: 916475903; Reference: Invoice number and/or Customer surname. Please allow 1–2 Business Days for the transfer to be received and processed.

6.7 Late Payment, Interest and Recovery Costs. If payment is not received by the due date: (a) Aqurise may immediately suspend or cancel the order, installation booking, or any ongoing services; (b) Aqurise may charge interest at the rate of 2% per month (or 24% per annum) on overdue amounts, calculated daily; (c) the Customer is liable for all costs incurred in recovering overdue amounts, including legal fees, debt collection costs, and court costs; (d) the unpaid invoice amount may be referred to a debt collection agency; (e) Aqurise's remedies are cumulative and do not limit any other rights or remedies available.

6.8 Invoicing. An invoice will be issued upon completion of installation or dispatch of products. Invoices are issued in the Customer's name at the Installation Address provided. The Customer is responsible for providing accurate contact and billing information.

6.9 Payment Plans and Financing. Payment plans, hire purchase, or third-party financing options may be available through Aqurise or third-party providers. Such arrangements are subject to the separate terms and conditions of the relevant provider and are entirely separate from, and do not modify, these Terms. Aqurise is not responsible for disputes, defaults, or issues relating to third-party financing.

7. INSTALLATION

7.1 Installation Scheduling. Installation dates and times are scheduled by mutual agreement between Aqurise and the Customer, subject to availability and circumstances beyond Aqurise's reasonable control. Aqurise will make reasonable efforts to meet agreed installation dates and time windows, but does not guarantee or warrant that installations will occur on any specific date or time. Aqurise may reschedule an installation at any time due to unavoidable circumstances.

7.2 Customer Access and Cooperation. The Customer must provide safe, clear, and unobstructed access to the installation area, including all necessary doors, hallways, plant rooms, and wall access. If access is inadequate, unsafe, or obstructed, installation may be postponed or cancelled, and the Customer will be liable for any additional charges incurred by Aqurise, including call-out fees and rescheduling costs.

7.3 Site Requirements and Customer Responsibilities. The Customer is entirely responsible for ensuring: (a) the installation area is accessible, safe, and free from hazards; (b) adequate water supply and water pressure is available; (c) electrical supply is available if required; (d) the property is accessible and does not require permits or special approvals; (e) all necessary permissions from landlords, strata bodies, body corporate, local councils, or other authorities have been obtained in advance; (f) no third-party rights or restrictions prevent installation.

7.4 Customer Presence and Authorization. An authorised adult person aged 18 years or over must be present and available at the Installation Address for the duration of the installation. The person must be authorized to make decisions and provide access. If no one is present at the scheduled time, Aqurise may cancel or reschedule the installation, and the Customer will be liable for cancellation or call-out fees.

7.5 Existing Infrastructure and Additional Repairs. Aqurise is not responsible for the condition, safety, or functionality of existing plumbing, pipes, fittings, valves, water supply lines, electrical infrastructure, or other infrastructure not supplied by Aqurise. If existing infrastructure is found to be defective, damaged, dangerous, or non-compliant, additional repairs or upgrades may be required at the Customer's sole expense. Aqurise may decline to proceed with installation if the existing infrastructure is unsafe or unsuitable.

7.6 Additional Costs and Variations. If installation requires additional work, materials, labour time, or services beyond what was quoted due to site conditions, access issues, existing infrastructure problems, or other unforeseen circumstances, Aqurise will provide written notice to the Customer of the additional costs before proceeding. The Customer may: (a) approve the additional costs and proceed with installation; or (b) decline the additional costs, in which case Aqurise may not proceed with installation, and any deposit may be forfeited or partially refunded at Aqurise's discretion.

7.7 Installation Completion. Installation is considered complete when the system is fitted, connected, tested, and operational, and the Customer has signed off on the installation. The Customer will be asked to verify that the installation is satisfactory and functioning correctly. Any defects or issues must be reported to Aqurise immediately upon completion.

7.8 Clean-Up and Site Restoration. Aqurise will remove primary installation debris and leave the work area in a reasonably clean and tidy condition. Minor marks, dust, scratches, or residue may remain and are not considered defects. The Customer is responsible for any specialized clean-up or restoration not covered by standard site clearing.

7.9 Permits and Approvals. The Customer is solely responsible for obtaining any necessary building permits, council approvals, plumbing approvals, electrical permits, strata approvals, or other regulatory consents required for installation. Aqurise may provide guidance or assistance but is not responsible for obtaining these.

8. RISK AND TITLE (OWNERSHIP)

8.1 Risk Transfer. Risk of loss, damage, or deterioration in the products passes to the Customer: For Supply & Install services: Upon completion of installation and handover. For Supply Only: Upon delivery to the Customer's nominated address or upon collection by the Customer. After risk passes, the Customer is responsible for all loss or damage to the products.

8.2 Title and Ownership. Title (legal ownership) of the products does not pass to the Customer until Aqurise has received full payment in cleared funds for all products, services, installation, and all other amounts due under the order.

8.3 Retention of Title and Security Interest. Until title passes to the Customer: (a) the Customer holds the products as a bailee (custodian) for Aqurise; (b) the Customer must store the products separately and take all reasonable steps to keep them identifiable as Aqurise's property; (c) the Customer must not sell, dispose of, or encumber the products; (d) the Customer grants Aqurise a security interest in the products; (e) Aqurise may recover, repossess, or remove the products if payment is not made when due; (f) the Customer grants Aqurise the right to enter the Customer's premises to recover products; (g) all costs of recovery, repossession, and transportation are payable by the Customer.

9. WARRANTY

9.1 Express Warranty. Aqurise provides the following express warranties to the original purchaser (and not to any subsequent owner or transferee):

Warranty Type

Coverage

Duration

Conditions

Product Warranty

Manufacturing defects

2 years

Product defect

Workmanship Warranty

Installation work

2 years

Supply & Install only

9.2 Supply & Install Customers. Customers who purchase Supply & Install services receive both Product Warranty and Workmanship Warranty as described above.

9.3 Supply Only Customers. Customers who purchase Supply Only (without installation) receive Product Warranty only. Workmanship Warranty does not apply to installation performed by third parties or DIY installation.

9.4 Extended Warranty and Filter Replacement Programs. Aqurise may offer extended warranty programs or filter replacement subscription services. Details of any extended warranty or subscription program will be provided at the time of purchase and are subject to separate terms.

9.5 Warranty Claims Process. To make a valid warranty claim, the Customer must: (a) contact Aqurise in writing within a reasonable time (and in no case later than 3 months) of discovering the defect; (b) provide proof of purchase (invoice or receipt); (c) provide detailed written description, photographs, and evidence of the alleged defect; (d) permit Aqurise or its representatives to inspect the product at the Customer's premises at any reasonable time; (e) allow Aqurise a reasonable period to investigate the claim.

9.6 Warranty Remedies and Aqurise's Options. If a valid warranty claim is made and accepted by Aqurise, Aqurise will, at its absolute discretion, either: (a) repair the defective product or component; (b) replace the defective product or component with a new or refurbished equivalent; or (c) refund the purchase price of the defective product (in the case of a major failure as defined in section 9.10). Aqurise will arrange repair or replacement, and the Customer may be required to make the product available for collection or attend an appointment.

9.7 Warranty for Repaired or Replaced Items. Repaired or replaced products are warranted for the remainder of the original warranty period or 90 days from the date of repair/replacement, whichever is longer. Repair or replacement does not extend or renew the original warranty period.

9.8 Transferability and Assignment. Warranty is provided to the original purchaser only and is non-transferable. Warranty does not pass to any subsequent owner, tenant, or transferee. In exceptional cases, warranty may be transferred to a new owner at the Installation Address only upon written request, inspection by Aqurise, and written approval. Any transfer is at Aqurise's absolute discretion.

9.9 Geographic Coverage and Travel Costs. Warranty is valid Australia-wide. For warranty claims outside metropolitan Sydney or involving remote locations, additional travel charges, freight charges, or service fees may apply and will be communicated to the Customer.

9.10 Consumer Guarantees - Non-Excludable Rights. This Express Warranty is provided in addition to, and does not exclude, restrict, or modify, any rights or remedies available to the Customer under the Australian Consumer Law (ACL), including statutory guarantees of acceptable quality and fitness for purpose. Under the ACL, consumers have the right to repair, replacement, or refund for products that are defective or fail to be of acceptable quality.

10. WARRANTY EXCLUSIONS AND FORFEITURE

10.1 Exclusions from Warranty. The following are expressly excluded from any warranty coverage:

• Normal wear and tear, including gradual degradation or aging of components.

• Consumables and disposable items, including filter cartridges, filter media, and membranes that have been used.

• Damage caused by misuse, abuse, neglect, carelessness, accident, or improper operation.

• Damage caused by failure to follow the instructions, manual, maintenance guide, or recommendations provided by Aqurise.

• Damage caused by use of unauthorised, incompatible, or non-Aqurise parts, accessories, filter cartridges, or components.

• Damage caused by repairs, modifications, alterations, or servicing performed by unauthorised persons, technicians, or third parties.

• Damage caused by water hammer, freezing, thawing, flooding, fire, lightning, or other natural disasters or acts of God.

• Damage caused by operating the system outside the manufacturer's recommended specifications, including exceeding maximum water pressure or temperature limits.

• Damage caused by water supply issues, contamination, sediment, or water quality beyond the system's rated capacity or design specifications.

• Damage caused by low water pressure, high water pressure, fluctuating pressure, or other water supply anomalies not attributable to Aqurise.

• Cosmetic damage, including scratches, dents, chips, fading, or discolouration, unless such damage affects functionality.

• Installation work performed by persons other than Aqurise or its authorised representatives (Workmanship Warranty exclusion for Supply Only customers).

• Damage caused by non-compliance with local building codes, plumbing codes, or water regulations.

• Damage caused by improper storage, transportation, or handling of products before installation.

10.2 Warranty Forfeiture and Voidance. Warranty may be automatically voided, cancelled, or forfeited if:

• The system is operated with water temperature exceeding 42°C.

• Filters are not replaced in accordance with the recommended change schedule provided.

• The system is relocated to a different address without prior written consent and notification to Aqurise.

• The system is tampered with, modified, altered, or repaired by unauthorised persons.

• The system is operated above the maximum recommended water pressure (typically 80 psi / 551 kPa).

• The Customer fails to perform periodic maintenance, including system disinfection and flushing as recommended.

• The Customer is absent from the property for extended periods (exceeding 4 weeks) without bypassing and flushing the system before and after absence.

• The system is used for purposes not specified in the product documentation or Aqurise's recommendations.

• The system is subjected to conditions not contemplated by Aqurise in its design or recommendations.

10.3 No Warranty on Third-Party Infrastructure. Aqurise provides no warranty on, and accepts no responsibility for, the condition, safety, or functionality of existing plumbing, pipes, fittings, valves, water supply lines, electrical infrastructure, or other infrastructure not supplied and installed by Aqurise.

11. RETURNS, REFUNDS AND CHANGE OF MIND

11.1 Consumer Rights and Australian Consumer Law. Under the Australian Consumer Law, consumers (natural persons not in business) have certain statutory rights, including the right to a replacement or refund for major failures and the right to have products repaired if they fail to be of acceptable quality. These rights are non-excludable by these Terms.

11.2 Major Failure Definition. A "major failure" is defined as occurring when: (a) the product is unsafe; (b) the product is substantially unfit for a purpose made known by the consumer to the supplier; (c) the product is of such a nature that a consumer would not have accepted it had they known of the failure; or (d) the failure cannot easily and within a reasonable time be remedied.

11.3 Minor Failure and Repair Rights. For minor failures (failures that do not constitute major failures), Aqurise may choose to repair the product within a reasonable time at no cost. If the product cannot be repaired within a reasonable time, the Consumer may have it repaired elsewhere and recover reasonable costs from Aqurise, or may reject the product and obtain a refund or replacement.

11.4 Change of Mind - NO REFUND POLICY. Aqurise does NOT offer refunds, exchanges, or cancellations for change of mind, change of circumstances, or any reason other than product defect or breach of warranty. Once an order is confirmed, a quotation is accepted, a deposit is paid, or an installation is scheduled, the purchase is final and binding. The Customer cannot cancel or change their mind once the transaction has commenced.

11.5 Returns and Refund Process. To request a return, exchange, or refund for a defective or non-compliant product: (a) contact Aqurise in writing within a reasonable time of discovering the issue; (b) provide proof of purchase (invoice); (c) provide detailed written description and photographs of the issue; (d) do not return products without first obtaining written return authorisation from Aqurise; (e) unauthorized returns will not be accepted.

11.6 Refund Method and Processing. If Aqurise approves a refund, the refund will be processed to the original payment method (bank account, credit card, etc.) within 7–14 Business Days of approval. The Customer is responsible for providing accurate bank details. Aqurise does not accept liability for refunds that fail to reach the Customer due to incorrect details provided.

11.7 Refunds for Installed Products. For products that have been installed: (a) if a fault is identified during or immediately after installation, Aqurise will rectify or replace the system at no additional charge; (b) if the Customer declines additional work required for installation, the Customer may receive a refund of the deposit, less any costs already incurred by Aqurise; (c) removal costs may apply if a refund is requested after installation.

11.8 Items Not Eligible for Return or Refund. The following items are not eligible for return, exchange, or refund under any circumstances:

• Filter cartridges, filter media, or membranes that have been opened or used.

• Products damaged by the Customer, end-user, or third parties.

• Products modified, altered, or tampered with from their original condition.

• Products returned without prior written authorisation from Aqurise.

• Products that have been installed (unless installation is defective).

• Products returned outside the 30-day period from purchase.

12. LIMITATION OF LIABILITY AND DAMAGES

12.1 Preservation of Consumer Rights. Nothing in this clause (or anywhere in these Terms) limits, excludes, or modifies any non-excludable consumer rights, guarantees, or remedies under the Australian Consumer Law or any other applicable law that cannot be excluded by agreement.

12.2 Limitation of Liability Cap. To the maximum extent permitted by law, Aqurise's total aggregate liability to the Customer for any and all claims, actions, or disputes arising out of or in connection with these Terms, any product supplied, any service provided, or any other dealings between Aqurise and the Customer, whether in contract, tort, negligence, strict liability, or otherwise, is strictly limited to:

• The replacement or repair of the product; OR

• The supply of equivalent services; OR

• The refund of the price paid for the product or service,

whichever is the lesser amount. This liability cap applies even if Aqurise has been advised of the possibility of such loss or damage.

12.3 Exclusion of Consequential and Indirect Loss. To the maximum extent permitted by law, Aqurise is NOT liable for any:

• Indirect, incidental, special, or consequential loss or damage of any kind.

• Loss of profits, revenue, business income, savings, or anticipated savings.

• Loss of data, information, or records.

• Loss of goodwill, reputation, or business standing.

• Economic loss or financial loss of any kind.

• Diminution in value of property or assets.

• Any loss or damage that was not reasonably foreseeable at the time the contract was formed.

This exclusion applies even if the loss was foreseeable or if Aqurise was advised of the possibility of such loss.

12.4 No Guarantee of Outcomes. Aqurise does NOT guarantee, warrant, or represent any specific outcomes, including:

• Water quality, taste, smell, colour, or appearance.

• Health benefits, improvements, or wellness outcomes.

• Reduction or removal of specific contaminants beyond the product's published specifications.

• Compatibility with specific appliances, medical devices, medical conditions, or equipment.

• Water pressure or flow rate after installation (though systems are designed to minimise pressure loss).

• Specific health or medical outcomes.

12.5 Australian Drinking Water Guidelines Acknowledgement. The Customer acknowledges and agrees that: (a) standard tap water supplied by Australian utility providers (water authorities) generally complies with the Australian Drinking Water Guidelines; (b) Aqurise does NOT represent or claim that unfiltered tap water is unsafe or unsuitable for consumption; (c) filtration systems may enhance water quality or taste in some cases, but are NOT essential for health or safety in areas with compliant water supplies; (d) the decision to install filtration is entirely voluntary and not based on any health risk.

12.6 Third-Party Actions and Contractors. Aqurise is NOT liable for any loss or damage caused by third-party delivery providers, manufacturers, other contractors, or service providers not directly employed or engaged by Aqurise. The Customer's remedies in such cases are against the responsible third party.

12.7 Customer's Sole Responsibility. The Customer is entirely responsible for:

• Providing accurate, complete, and truthful information regarding their premises, water supply, requirements, and circumstances.

• Ensuring suitability of recommended products for their specific intended use and circumstances.

• Performing regular maintenance, including filter replacements and system disinfection.

• Following all instructions, recommendations, and guidance provided by Aqurise.

• Obtaining all necessary permissions, approvals, and permits.

12.8 Cumulative Remedies. Aqurise's liability limitations are cumulative with, and do not limit, any non-excludable rights under the ACL.

13. INDEMNITY AND INDEMNIFICATION

13.1 Customer Indemnity. The Customer agrees to indemnify, defend, and hold harmless Aqurise, its owners, officers, employees, agents, representatives, and contractors from and against any and all loss, damage, liability, claim, demand, cost, or expense (including legal fees, court costs, and debt recovery costs) arising out of or in connection with:

• The Customer's breach, violation, or non-compliance with any provision of these Terms.

• The Customer's negligence, wilful misconduct, recklessness, or fraud.

• Any claim by a third party arising from the Customer's use, misuse, or improper operation of products or services.

• Any inaccurate, incomplete, or misleading information provided by the Customer.

• Any failure by the Customer to comply with applicable laws, building codes, or regulations.

• Any injury, loss, or damage caused by the Customer's actions or omissions.

• Any damage to property or infrastructure caused by the Customer.

13.2 Continuing Obligation. This indemnity is a continuing obligation that survives termination or completion of the transaction and remains in force indefinitely.

14. CANCELLATION AND TERMINATION

14.1 Cancellation by Customer. The Customer may cancel an order by providing written notice to Aqurise. However, cancellation fees and forfeiture of deposits apply according to the following schedule:

Timing of Cancellation

Consequence

More than 7 days before installation

50% deposit refunded

3–7 days before installation

25% deposit refunded

Less than 3 days before installation

NO REFUND

After installation has commenced

NO REFUND; full payment due

14.2 Cancellation by Aqurise. Aqurise may cancel an order, refuse to provide services, or terminate an engagement at any time without liability if: (a) the Customer breaches any material term of these Terms; (b) the Customer fails to make payment when due; (c) the installation site is unsafe, inaccessible, or unsuitable; (d) the Customer provides false, misleading, or inaccurate information; (e) circumstances beyond Aqurise's reasonable control prevent performance.

14.3 Refund for Cancellation by Aqurise. If Aqurise cancels an order due to circumstances not caused by the Customer's breach or non-compliance, the Customer will receive a full refund of any amounts paid. If cancellation is due to the Customer's breach, no refund will be provided.

14.4 Products Already Delivered or Installed. If products have been delivered or partially or fully installed before cancellation: (a) the Customer is responsible for returning products in original, undamaged condition with all packaging; or (b) the Customer must pay for products retained; (c) removal costs are the Customer's responsibility.

15. FILTER REPLACEMENTS AND MAINTENANCE

15.1 Mandatory Filter Replacement Schedule. Filters must be replaced at the intervals specified by Aqurise. Failure to replace filters in accordance with the recommended schedule may: (a) void the warranty; (b) affect system performance and water quality; (c) result in system damage or malfunction.

15.2 Recommended Filter Change Schedule. The following is a general guide; actual change intervals depend on water quality, usage, and local conditions:

Filter Stage

Recommended Change

Maximum Use

Stage 1 – Sediment

6 months

12 months

Stage 2 – Carbon Block

12 months

18 months

Stage 3 – KDF Carbon

12 months

18 months

Stage 4 – RO Membrane

24 months

36 months

15.3 Filter Subscription Service. Aqurise may offer automatic filter replacement subscription services. Subscription services are subject to separate terms and conditions provided at the time of purchase.

15.4 Customer Maintenance Responsibilities. The Customer is solely responsible for: (a) replacing filters according to the recommended schedule; (b) performing periodic system disinfection and flushing (typically every 3–6 months); (c) monitoring system performance and reporting issues; (d) bypassing and flushing the system for 15–30 minutes if absent for extended periods.

15.5 Maintenance Records. The Customer should retain records of all filter replacements, maintenance, and servicing for warranty purposes.

16. INTELLECTUAL PROPERTY RIGHTS

16.1 Ownership of IP. All intellectual property rights (including copyrights, trademarks, service marks, logos, patents, trade secrets) in the Aqurise name, logo, branding, website, content, documentation, materials, designs, software, and any other work or creation are owned by Aqurise or its licensors.

16.2 Restrictions on Use. The Customer must not, without written permission: (a) copy, reproduce, modify, adapt, translate, or create derivative works of Aqurise's intellectual property; (b) distribute, display, or transmit Aqurise's intellectual property; (c) use Aqurise's name, logo, or branding in any manner that suggests endorsement, affiliation, or sponsorship; (d) remove, obscure, or alter any trademark, copyright notice, proprietary marking, or disclaimer from products or materials; (e) register or apply to register any Aqurise trade mark or intellectual property.

16.3 Website Content License. The Customer is granted a limited, non-exclusive, revocable license to view, read, and print content on the Aqurise website for personal, non-commercial use only. All other use is prohibited.

17. WEBSITE USE AND RESTRICTIONS

17.1 As-Is and As-Available Basis. Access to the Aqurise website is provided on an "as is" and "as available" basis. Aqurise does not warrant or guarantee uninterrupted, error-free, or continuous access.

17.2 Accuracy of Information. While Aqurise makes reasonable efforts to ensure accuracy, completeness, and currency of website information, we do not warrant that all information is accurate, complete, current, or free from errors or omissions.

17.3 Prohibited Conduct. When accessing or using the website, the Customer must not: (a) engage in any unlawful, fraudulent, or deceptive activity; (b) attempt to gain unauthorised access to the website or systems; (c) introduce viruses, malware, or harmful code; (d) interfere with, disrupt, or overload servers or networks; (e) harvest, scrape, or collect personal information of other users; (f) use the website for commercial purposes without consent; (g) reverse engineer, decompile, or attempt to derive source code; (h) violate any applicable law or regulation.

17.4 Third-Party Links and Websites. The website may contain hyperlinks to third-party websites. Aqurise is not responsible for the content, accuracy, functionality, or practices of third-party websites. Access to third-party sites is at the Customer's sole risk.

17.5 Availability and Modification. Aqurise may modify, suspend, remove, or discontinue any part of the website, any content, or any feature at any time without notice or liability.

18. PERSONAL INFORMATION AND PRIVACY

18.1 Collection of Personal Information. Aqurise collects personal information necessary to provide products and services, process payments, communicate with Customers, comply with legal obligations, and improve services.

18.2 Use of Personal Information. Personal information may be used for: (a) processing orders and providing products and services; (b) communicating about orders, appointments, services, and billing; (c) sending marketing communications (only with the Customer's express consent); (d) improving products, services, and customer experience; (e) complying with legal and regulatory requirements.

18.3 Disclosure of Personal Information. Aqurise may disclose personal information to: (a) employees, contractors, and service providers; (b) payment processors and financial institutions; (c) delivery providers and logistics partners; (d) professional advisers; (e) government or regulatory authorities as required by law.

18.4 Security Measures. Aqurise takes reasonable steps to protect personal information from unauthorised access, use, or disclosure. However, no security is absolute.

18.5 Access and Correction. Customers may request access to or correction of their personal information by contacting Aqurise in writing.

18.6 Privacy Policy. Further details about privacy practices are set out in Aqurise's Privacy Policy, available on aqurise.com.au.

18.7 Consent to Collection and Use. By providing personal information to Aqurise, the Customer consents to its collection, use, and disclosure in accordance with these Terms and the Privacy Policy.

19. DISPUTE RESOLUTION AND JURISDICTION

19.1 Good Faith Negotiation. If a dispute arises, the parties agree to first attempt to resolve it through good faith negotiation between senior representatives.

19.2 Notice of Dispute. A party wishing to raise a dispute must provide written notice including: (a) detailed description of the dispute; (b) the outcome sought; (c) supporting facts and documents.

19.3 Negotiation Period. The parties will attempt to resolve the dispute within 14 days of receiving notice.

19.4 Mediation. If negotiation fails, the parties may agree to submit the dispute to mediation before an independent mediator. Mediation costs are shared equally unless otherwise agreed.

19.5 Litigation and Jurisdiction. If the dispute is not resolved through negotiation or mediation, either party may pursue legal remedies in the courts of New South Wales. Both parties submit to the exclusive jurisdiction of the NSW courts.

19.6 Continued Performance. Unless the dispute makes it impossible, the parties will continue to perform obligations under these Terms during dispute resolution.

19.7 Consumer Rights. Nothing in this clause limits the Customer's right to take action under the Australian Consumer Law or lodge a complaint with regulatory bodies (e.g., ACCC, fair trading authorities).

19.8 Governing Law. These Terms are governed by and construed in accordance with the laws of New South Wales, Australia, without regard to conflict of law principles.

20. FORCE MAJEURE

20.1 Force Majeure Events. A "Force Majeure Event" is an event beyond a party's reasonable control, including: (a) acts of God (floods, earthquakes, storms, natural disasters); (b) war, terrorism, civil unrest, armed conflict; (c) epidemics, pandemics, quarantines; (d) government actions or orders; (e) strikes, lockouts, industrial disputes; (f) utility failures; (g) cyberattacks or system failures; (h) supplier failures.

20.2 Effect of Force Majeure. If a Force Majeure Event prevents performance: (a) the affected party's obligations are suspended; (b) the affected party must notify the other party; (c) the affected party must take steps to mitigate the effect.

20.3 Termination. If a Force Majeure Event continues for more than 30 days, either party may terminate the affected order. Aqurise will refund amounts paid for unperformed work or services.

21. GENERAL PROVISIONS

21.1 Entire Agreement. These Terms, together with any proposal, quotation, invoice, or order confirmation, constitute the entire agreement and supersede all prior agreements, representations, and understandings (oral or written).

21.2 Variation and Amendment. No variation to these Terms is valid unless made in writing and signed by an authorised representative of Aqurise.

21.3 Severability. If any provision is invalid, illegal, or unenforceable, the remaining provisions continue in full force and effect.

21.4 Waiver. Failure by Aqurise to exercise a right or remedy does not constitute waiver of that right.

21.5 Assignment. The Customer may not assign or transfer rights or obligations without Aqurise's written consent. Aqurise may assign without the Customer's consent.

21.6 Notices. Notices must be in writing delivered by email or post to the address provided by the recipient. Email notices are deemed received when sent (unless delivery failure occurs).

21.7 Relationship. These Terms do not create a partnership, joint venture, agency, or employment relationship.

21.8 Survival. Clauses relating to limitation of liability, indemnity, intellectual property, privacy, and dispute resolution survive termination of these Terms indefinitely.

21.9 Counterparts. These Terms may be signed in multiple counterparts, each of which constitutes an original.

21.10 Further Assurances. Each party agrees to execute any further documents or take any actions necessary to effect these Terms.

22. CONTACT INFORMATION

AQURISE

A registered business name of Enerward

ABN 93 606 127 249

ACN (if applicable): N/A (Sole Trader)

Address: 10 Dark Street, Rouse Hill NSW 2155, Australia

Email: hello@aqurise.com.au

Website: aqurise.com.au

Business Hours: Monday–Friday 9:00 AM – 5:00 PM AEST (excluding public holidays)

CUSTOMER ACKNOWLEDGEMENT

By purchasing products or services from Aqurise, the Customer acknowledges and confirms that:

1. They have read, understood, and agree to these Terms and Conditions in their entirety.

2. Standard tap water from Australian utility providers generally complies with the Australian Drinking Water Guidelines.

3. Aqurise and its representatives have NOT represented that unfiltered tap water is unsafe or dangerous.

4. Water pressure is generally not significantly affected by filtration systems; in rare cases with pre-existing low pressure, adjustments may be required at additional cost.

5. Filter replacements are required in accordance with the recommended schedule; failure to replace filters may void warranty and affect system performance.

6. Periodic system disinfection and flushing is recommended every 3–6 months; the system should be bypassed and flushed for 15–30 minutes if absent for more than 4 weeks.

7. The Customer is responsible for obtaining any necessary permissions from landlords, strata bodies, or local authorities before installation.

8. Verbal representations by Aqurise consultants are not binding unless confirmed in writing in the proposal or contract.

9. Payment must be made in full on or before the day of installation unless otherwise agreed in writing.

10. Warranty is valid at a new address upon relocation, provided advance written notice is given to Aqurise and approval is obtained.

11. Aqurise does NOT make any health or medical claims, and filtration systems are NOT intended to cure, prevent, or treat any medical condition.

12. The Customer acknowledges and accepts all limitations of liability and exclusions of consequential loss as set out in these Terms.

Aqurise — Manufacturer-independent water filtration for Australian homes and businesses.

These Terms and Conditions are effective from April 2026 and apply to all orders, quotations, and services provided on or after this date.

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