Terms & Conditions

Andes Pacific Pty Ltd Terms and Conditions of Sale

1. Parties and application

1.1 These Terms and Conditions apply to every quotation, order, sale, supply, delivery, collection, installation, service, support visit, warranty claim and other dealing by Andes Pacific Pty Ltd ACN 696 296 081 (Andes, we, us or our) with the customer named in the quotation, order, invoice or account application (Customer or you).

1.2 These Terms prevail over any terms put forward by the Customer, including in any purchase order, procurement portal, email, or other document, unless Andes expressly agrees otherwise in writing signed by a director or authorised officer.

1.3 By requesting a quote, placing an order, paying a deposit, accepting delivery, collecting goods, booking installation, or otherwise dealing with Andes, the Customer agrees that these Terms apply to the exclusion of all inconsistent terms, subject always to any rights that cannot lawfully be excluded under the Australian Consumer Law and other applicable legislation.

1.4 If Andes issues a quotation, proposal, sales order, invoice, scope of works, specification sheet, installation brief, warranty document, or delivery notice, those documents form part of the agreement to the extent they are not inconsistent with these Terms.

1.5 If a provision of these Terms would be void, unenforceable, or unfair under applicable law, that provision is to be read down to the minimum extent necessary, and if it cannot be read down, it is severed without affecting the remaining provisions.

2. Definitions and interpretation

2.1 In these Terms:

  • ACL means Schedule 2 to the Competition and Consumer Act 2010 (Cth).
  • Business Day means a day other than a Saturday, Sunday or public holiday in New South Wales.
  • Custom Goods means any goods made-to-order, non-standard, special-order, modified, branded, configured, imported on request, or sourced specifically for a Customer.
  • Goods means any hot tubs, ice baths, saunas, spas, accessories, covers, steps, heaters, pumps, filtration systems, parts, chemicals, components and related products supplied by Andes.
  • PPSA means the Personal Property Securities Act 2009 (Cth).
  • Services means any design assistance, consultation, site review, delivery coordination, installation, commissioning, call-out work, servicing, repair, maintenance, training or after-sales support supplied by Andes.

2.2 Headings are for convenience only and do not affect interpretation.

2.3 A reference to legislation includes amendments, replacements and subordinate legislation.

2.4 The words “includes”, “including” and similar expressions are not words of limitation.

3. Quotations and orders

3.1 A quotation is not an offer capable of acceptance and is an invitation to treat only. A quotation may be withdrawn, corrected or revised by Andes at any time before Andes accepts the order.

3.2 Unless otherwise stated in writing, quotations are valid for 14 days from the date of issue. After that time, pricing, stock availability, freight charges, surcharges, supplier input costs, exchange-rate assumptions and lead times may change without notice.

3.3 All pricing is in Australian dollars. Unless expressly stated otherwise, prices:

  • are inclusive of GST;
  • exclude freight, lifting, cranage, hiab, positioning, storage, fuel levies, remote-area surcharges, customs charges, duties, permits, site attendance costs, travel and accommodation, electrical work, plumbing work, civil works, fencing, council approvals and installation; and
  • are based on the full scope, quantities and assumptions set out in the quotation.

3.4 If there is any variation to quantities, specifications, finishes, dimensions, inclusions, options, delivery method, destination, access conditions, timing, compliance requirements or scope of work, Andes may requote or adjust the price and lead time before proceeding. If an unexpected external surcharge (such as international shipping hikes) forces a material price increase on an already accepted order, Andes will notify the Customer, and the Customer will have the right to cancel the contract and receive a full refund of their deposit, less any direct, non-recoverable sunk costs already incurred by Andes for Custom Goods.

3.5 Andes may refuse any order in its discretion, including where stock is unavailable, credit approval is unsatisfactory, the proposed site is unsuitable, the order contains errors, or Andes reasonably considers there is legal, safety, logistical or commercial risk.

3.6 Andes is not responsible for errors in information, measurements, access details, specifications, approvals, or selections supplied by the Customer or the Customer’s advisers.

4. Deposits, payment and credit

4.1 Unless Andes agrees otherwise in writing:

  • standard goods require a minimum deposit of 50% within 2 Business Days of invoice or order confirmation;
  • the balance must be paid in cleared funds no later than 14 days before dispatch, delivery or collection;
  • Custom Goods require 100% payment in cleared funds before procurement or manufacture commences; and
  • Andes may refuse to schedule dispatch, delivery, collection or installation until full payment has cleared.

4.2 Andes may cancel, defer, reallocate stock, or reprice an order if any required deposit is not received within 7 days of invoice or order confirmation.

4.3 Any credit terms must be approved by Andes in writing and may be withdrawn at any time. If credit is approved, all amounts are payable strictly in accordance with the approved terms, without deduction, withholding, counterclaim or set-off.

4.4 Payment is only made when immediately available cleared funds are received in Andes’ nominated bank account.

4.5 Andes may charge reasonable card surcharges, merchant fees, foreign exchange charges, administration fees and other direct transaction costs to the extent permitted by law.

4.6 If payment is overdue, Andes may, without limiting any other rights:

  • suspend manufacture, supply, delivery, installation, warranty processing or further dealings;
  • charge interest on overdue amounts at 5% per annum above the overdraft reference rate of Andes’ principal banker, calculated daily and compounding monthly;
  • recover all reasonable enforcement, legal, mercantile agent and collection costs on a full indemnity basis; and
  • treat all monies owed by the Customer to Andes on any account as immediately due and payable.

4.7 Andes may apply any payment received from the Customer in any order Andes decides, including first to interest, fees, collection costs, Services, then Goods.

5. Cancellation, changes and storage

5.1 No order may be cancelled, suspended, deferred, or varied without Andes’ prior written consent.

5.2 Andes may accept a cancellation or variation subject to conditions, including payment of all losses, costs and liabilities incurred by Andes, including supplier charges, manufacturing costs, design costs, restocking charges, freight commitments, storage, handling, administration and resale discounts.

5.3 Deposits for Custom Goods are non-refundable to the maximum extent permitted by law, provided that the retained deposit reflects, and does not exceed, the actual losses, administrative costs, freight commitments, and manufacturing or procurement liabilities incurred by Andes up to the date of cancellation.

5.4 Deposits for standard stock items may be applied to Andes’ loss on cancellation, including freight, handling, merchant fees, depreciation and restocking costs.

5.5 Andes does not provide free storage after manufacture or arrival of Goods. If the Customer requests a hold, delay, reschedule or deferred collection or delivery, or fails to take delivery on time, Andes may charge storage, detention, redelivery, double-handling and rebooking fees.

5.6 If a hold, delay or reschedule request is made less than 10 Business Days before planned completion, dispatch, delivery or collection, Andes may impose additional fees reflecting actual and administrative costs.

6. Lead times and supply

6.1 Any lead time, ETA, dispatch date, arrival estimate, installation window or completion date provided by Andes is an estimate only.

6.2 Delays caused by manufacturers, shipping lines, ports, customs, regulators, carriers, weather, labour shortages, supply chain disruption, force majeure events, site conditions, customer-caused delay, or any circumstance beyond Andes’ reasonable control do not constitute breach, repudiation, failure to deliver on time, or grounds for cancellation.

6.3 To the maximum extent permitted by law, Andes is not liable for any loss of profit, accommodation cost, contractor downtime, project delay, financing cost, loss of use, or other loss arising from delayed supply or delayed performance.

6.4 Andes may supply Goods or Services in instalments, and each instalment is treated as a separate contract and separately invoiced.

7. Delivery, access and risk

7.1 Unless otherwise agreed in writing, delivery occurs when the Goods are:

  • collected by the Customer or the Customer’s carrier, contractor or agent;
  • delivered to the delivery address specified by the Customer;
  • made available for collection at Andes’ warehouse, depot or nominated carrier facility; or
  • placed into storage following a failed delivery or failure by the Customer to accept delivery.

7.2 The Customer is responsible for ensuring safe, adequate and lawful site access, including driveway width, turning circles, gate clearances, gradients, lifting requirements, ground conditions, crane access, power line clearances, personnel access, parking permits and any necessary approvals.

7.3 If delivery cannot occur as planned because of inaccurate or incomplete access information, site constraints, unsafe conditions, unavailable personnel, refusal to accept delivery, or customer delay, the Customer must pay all wasted costs, redelivery fees, storage fees, extra labour, crane or hiab fees and related expenses.

7.4 Risk in the Goods passes to the Customer upon delivery under clause 7.1. The Customer must insure the Goods for full replacement value from that time.

7.5 To the extent Andes arranges freight, Andes acts only as the Customer’s disclosed agent unless expressly agreed otherwise in writing. Freight method and route may be selected by Andes in its discretion.

7.6 The Customer must inspect the Goods immediately upon delivery and before installation or use.

7.7 The Customer must inspect the Goods upon delivery. Any claim for visible freight damage, shortage, or incorrect delivery should ideally be noted on the carrier’s consignment document at the time of delivery, and must be notified in writing to Andes within 3 Business Days of delivery.

7.8 Any claim for concealed damage, or a defect apparent on reasonable inspection, must be notified in writing to Andes within 5 Business Days after delivery.

7.9 To the maximum extent permitted by law, and subject always to any non-excludable statutory rights the Customer has under the Australian Consumer Law, a failure to notify Andes within these timeframes means the Goods will be deemed accepted in the condition received.

8. Title, retention of title and PPSA

8.1 Title to the Goods does not pass to the Customer until Andes has received in full, in cleared funds, all amounts owing by the Customer to Andes on any account whatsoever.

8.2 Until title passes, the Customer:

  • holds the Goods as fiduciary bailee for Andes;
  • must store the Goods separately where practicable and mark them so they are identifiable as Andes’ property;
  • must keep the Goods in good condition and fully insured;
  • must not sell, lease, dispose of, part with possession of, or encumber the Goods without Andes’ prior written consent; and
  • must keep the proceeds of any authorised dealing on trust for Andes.

8.3 The Customer grants Andes a purchase money security interest and all other security interests Andes requires in the Goods and their proceeds to secure payment of all monies owed by the Customer to Andes.

8.4 The Customer must do all things and sign all documents Andes reasonably requires to register, perfect, maintain, amend or enforce any security interest under the PPSA.​

8.5 To the maximum extent permitted by the PPSA, the Customer waives any right to receive notices, statements or copies of verification statements under the PPSA.

8.6 Andes may register one or more financing statements or financing change statements in respect of any security interest created by these Terms.

8.7 If the Customer defaults on any payment due to Andes, the Customer must immediately make the Goods available for collection. Subject to any mandatory legal restrictions, the Customer grants Andes and its authorised agents a license to enter the premises where the Goods are reasonably believed to be stored, upon giving not less than 24 hours' written notice during business hours, solely for the purpose of inspecting or repossessing the Goods.

9. Installation, commissioning and site responsibilities

9.1 Unless expressly stated otherwise in writing, Andes’ scope does not include electrical connection, hardwiring, plumbing, drainage, water supply, slab or footing works, landscaping, pool fencing, crane permits, engineering certification, council approvals, development consent, private certifier approval or trade works by third parties.

9.2 The Customer is solely responsible for ensuring the site and intended use comply with all applicable laws, regulations, Australian Standards, local council requirements, pool and spa barrier laws, electrical requirements, plumbing requirements, fire safety requirements and occupancy rules.

9.3 Any recommendation, guideline, diagram or informal advice provided by Andes about placement, approvals, fencing, operation, site preparation, structural loading, electrical needs or local regulation is general information only and must be independently verified by qualified professionals and relevant authorities before reliance.

9.4 Andes may refuse delivery, installation or commissioning if Andes reasonably considers the site unsafe, inaccessible, non-compliant or unsuitable.

9.5 If Andes attends site and cannot complete the Services for reasons outside Andes’ control, Andes may charge an abortive attendance fee plus all wasted labour, travel, accommodation, crane, equipment and subcontractor costs.

10. Customer use and safety obligations

10.1 The Customer must ensure that all Goods are installed, commissioned, operated, supervised, serviced and maintained strictly in accordance with Andes’ instructions, manufacturer instructions, product manuals, warning labels and applicable law.

10.2 The Customer must not permit use of any hot tub, spa, sauna or related product in an unsafe manner, including use by children without appropriate supervision, use in excess temperature conditions, use while impaired by alcohol or drugs, or use contrary to medical advice.

10.3 The Customer acknowledges that hot tubs and related products involve inherent risks including drowning, slips, burns, overheating, entrapment, electrical risk, water chemistry risk and fire risk if used improperly.

10.4 Andes is not liable for loss or damage arising from misuse, neglect, poor maintenance, incorrect water chemistry, over-chlorination, non-compliant installation, unauthorised modification, misuse of chemicals, inadequate supervision, abnormal environmental conditions, or failure to comply with operating instructions.

11. Returns and change of mind

11.1 Andes is not obliged to accept returns except as required by law or as expressly agreed in writing.

11.2 Andes will not accept return of:

  • Custom Goods;
  • used, filled, installed, wired, plumbed, altered or damaged Goods;
  • Goods not in original saleable condition and packaging where packaging was provided; or
  • Goods returned without prior written return authorisation.

11.3 If Andes agrees to accept a return that is not required by law, Andes may impose conditions including inspection, freight prepaid by the Customer, return to a nominated depot, and a handling or restocking fee of up to 15% of the invoice value plus all freight and associated costs.

11.4 This clause does not limit any rights the Customer may have under the ACL for goods with a major failure or other non-excludable remedies.

12. Warranties and warranty claims

12.1 Any express manufacturer or Andes warranty is in addition to, and not in substitution for, any rights and remedies that cannot be excluded under the ACL.

12.2 Andes may provide specific written warranty periods and exclusions for particular product lines, components, shells, frames, cabinetry, covers, pumps, heaters, controllers and stainless-steel components. Those documents form part of the contract to the extent they do not exclude non-excludable statutory rights.

12.3 Unless a longer express written warranty is provided for a particular component, consumables, chemicals, filters, cosmetic finishes, timber variation, weathering, corrosion caused by external conditions, and ordinary wear and tear are excluded from express warranty coverage.

12.4 Natural variation in timber, cedar or other natural materials, including colour variation, grain variation, movement, checking, minor cracking, weathering and texture differences, is not a defect.

12.5 As a condition of any express warranty claim, the Customer must:

  • stop using the affected Goods if continued use may worsen the issue or create safety risk;
  • notify Andes in writing within 7 days of becoming aware of the alleged defect;
  • provide photographs, videos, serial numbers, proof of purchase, water chemistry history, maintenance records and any other information reasonably requested by Andes;
  • permit Andes or its representatives reasonable access for inspection, testing, repair or replacement; and
  • comply with any troubleshooting steps reasonably requested before a site visit is arranged.

12.6 Andes may, at its election and subject to the ACL, repair, replace, resupply or refund where an express warranty claim is valid, except that if the ACL gives the Customer the right to elect the remedy for a major failure, nothing in these Terms removes that statutory right.

12.7 The Customer is responsible for reasonable transport and access costs for warranty assessment unless the ACL requires otherwise or Andes confirms in writing that those costs will be borne by Andes.​

13. Consumer law notice

13.1 If the Customer is a consumer under the ACL, the Customer has statutory guarantees that cannot be excluded.

13.2 For goods and services supplied to a consumer, the following notice applies where relevant: “Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.”

13.3 Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred by the ACL or any other law where doing so would be unlawful.

13.4 If the Customer acquires Goods or Services for business purposes and section 64A of the ACL applies, Andes limits its liability, at Andes’ option, to the resupply of the Goods or Services, repair of the Goods, replacement of the Goods, payment of the cost of repairing or replacing the Goods, or payment of the cost of resupplying the Services, to the extent permitted by law.​

14. Limitation of liability

14.1 To the maximum extent permitted by law, Andes excludes all liability for indirect, incidental, special, exemplary, punitive or consequential loss, including loss of profit, loss of revenue, loss of contract, loss of opportunity, loss of use, financing cost, accommodation cost, and business interruption.

14.2 To the maximum extent permitted by law, Andes is not liable for:

  • damage to driveways, landscaping, pavers, walls, gates, services, structures or third-party property arising from delivery, craneage, placement or installation where the Customer nominated the method, route or final location;
  • loss arising from delay, stock unavailability, shipping disruption or supplier non-performance;
  • loss arising from inaccurate information supplied by the Customer;
  • any injury, illness, medical event, drowning, fire or property loss arising from misuse, non-compliance, poor maintenance or failure to follow warnings and instructions; or
  • council, certification, engineering or regulatory outcomes.


14.3 Subject to Clause 13 (Consumer Law Notice) and to the maximum extent permitted by law, Andes’ aggregate liability arising out of or in connection with the supply of Goods or Services (whether in contract, tort, product liability, or otherwise) is limited to:


(a) the resupply or cost of resupplying the affected Goods or Services; or
(b) the repair, replacement, or cost of repairing or replacing the affected Goods,
except where a major failure occurs under the Australian Consumer Law, in which case the remedies provided under the ACL will fully apply.

14.4 Nothing in these Terms limits liability for any matter that cannot lawfully be limited or excluded.

15. Indemnities

15.1 The Customer indemnifies Andes, its officers, employees and contractors against any claim, loss, damage, cost or liability arising from:

  • breach of these Terms by the Customer;
  • inaccurate site, access or specification information provided by the Customer;
  • unsafe site conditions;
  • misuse or non-compliant use of the Goods;
  • breach of law, permit conditions or council requirements by the Customer; or
  • personal injury or property damage caused or contributed to by the Customer or the Customer’s contractors, agents, invitees or end users,
    except to the extent caused by Andes’ negligence, breach of contract or breach of non-excludable statutory rights.

16. Default and termination

16.1 Andes may terminate or suspend any contract immediately by written notice if the Customer:

  • fails to pay any amount when due;
  • breaches these Terms and does not remedy the breach within 3 Business Days after notice, if capable of remedy;
  • becomes insolvent, bankrupt, under administration, in liquidation, subject to a controller, or ceases to carry on business; or
  • Andes reasonably believes payment or performance risk has materially increased.

16.2 Termination does not affect accrued rights, including Andes’ rights to payment, damages, repossession, interest, costs and enforcement.

17. Privacy and information

17.1 Andes may collect, use and disclose personal information for account administration, supply, delivery, warranty, marketing, credit assessment, debt recovery, fraud prevention and legal compliance in accordance with applicable privacy laws and Andes’ privacy policy.

17.2 The Customer authorises Andes to obtain credit, trade and commercial references and to exchange information with credit providers, insurers, debt recovery agencies, carriers, subcontractors and professional advisers to the extent reasonably required for the supply or enforcement of these Terms.

18. Force majeure

18.1 Andes is not liable for failure or delay in performing its obligations where that failure or delay results from events beyond Andes’ reasonable control, including acts of God, flood, fire, storm, pandemic, epidemic, war, terrorism, cyber incident, strikes, transport interruption, utility failure, government action, customs delay, port congestion, raw material shortage or supplier default.

18.2 During a force majeure event, Andes may suspend performance, extend time for performance, allocate available stock in its discretion, or cancel the affected order on written notice.

19. Dispute resolution

19.1 A party claiming that a dispute has arisen must give written notice setting out the nature of the dispute.

19.2 Senior representatives of the parties must meet or confer within 10 Business Days and attempt in good faith to resolve the dispute before court proceedings are commenced, except where urgent interlocutory relief is sought, debt recovery is pursued, or PPSA or repossession rights are being enforced.

20. General

20.1 Andes may amend these Terms by publishing updated Terms on its website or by written notice. Updated Terms apply to future orders and to existing orders only to the extent permitted by law and expressly notified.

20.2 The Customer must not assign, novate or otherwise transfer any rights or obligations without Andes’ prior written consent.

20.3 Andes may subcontract any part of the Services or delivery obligations.

20.4 No waiver is effective unless in writing. A failure or delay to exercise a right is not a waiver.

20.5 These Terms are governed by the laws of New South Wales, Australia, and the parties submit to the non-exclusive jurisdiction of the courts of New South Wales and courts competent to hear appeals from them.

20.6 The United Nations Convention on Contracts for the International Sale of Goods does not apply.

20.7 These Terms constitute the entire agreement between the parties regarding their subject matter, except for any express written variation signed by Andes.

21. Website and e-commerce terms

21.1 Product images, colours, finishes, dimensions and descriptions on Andes’ website, social media, catalogues and advertisements are illustrative only and may vary from delivered Goods due to screen settings, supplier changes, hand-finished materials and manufacturing tolerances.

21.2 Andes may correct website errors, pricing mistakes, description errors and stock errors at any time before accepting an order.

21.3 An automated order confirmation does not mean that Andes has accepted the order.

21.4 Promotions, discount codes, bundled inclusions and finance offers cannot be combined unless Andes states otherwise in writing.

22. Suggested schedule: operating and safety warnings

22.1 Water temperatures above 38 degrees Celsius may be hazardous.

22.2 Children must not use a hot tub or spa without competent adult supervision.

22.3 Persons who are pregnant, have heart conditions, circulatory issues, are using medication, or have relevant medical conditions should seek medical advice before use.

22.4 Alcohol, drugs and excessive heat exposure materially increase the risk of hyperthermia, unconsciousness and drowning.

22.5 The Customer must ensure that fencing, barriers, covers, locks, signage and other safety measures required by law are installed and maintained.

22.6 Ash, embers, heaters, electrical components, pumps and associated equipment must be handled and maintained in accordance with safety instructions.

22.7 The Customer is responsible for ensuring that end users receive and comply with all safety instructions.