Warranty terms and conditions
Freedom Pools & Spas stand behind every swimming pool we build, in the event of a warranty claim, veiw our terms and conditions below, and submit any claims online within 28 days.
What’s Covered & How to Claim

Freedom Pools Warranty

WARRANTY AGAINST DEFECTS  

In this Warranty:

We, us, or our means Freedom Pools & Spas;
You, or your means the original purchaser the Goods;
Agent means the authorised distributor or retailer of the Goods that sold you the Goods in Australia;
Goods means the product or equipment supplied to you by us or by our Agent, pursuant to the SPASA Swimming Pool Contract and which were purchased in Australia;
Warranty Claim Form means our form to make a warranty claim, available at www.freedompools.com

 

1. Warranty

1.1 We provide this Structural Integrity Warranty and Surface Warranty (together, Warranty) to you in addition to any rights or remedies you have under the Australian Consumer Law or any other applicable law (Consumer Law Rights).

1.2 Subject to the terms of this Warranty, if during the lifetime of the Goods (20 Years) (Warranty Period) from date of Installation the structural integrity of the Goods proves defective by reason of improper workmanship or materials, we will repair the Goods or resupply the defective part (or all) of the Goods (Structural Integrity Warranty).

1.3 Subject to the terms of this Warranty, if during the Warranty Period, the internal surface base colour of the Goods proves defective by reason of improper workmanship or materials, we will repair the Goods or resupply the defective part (or all) of the Goods (Surface Warranty).

(a) Marble Tech Pool Surface Finish – Lifetime (20 Years) from date of Installation

(b) Shimmer Pool Surface Finish – 6 Years from date of Installation.

1.4 If any materials, parts or features required to facilitate any repair or replacement pursuant to clause 1.2 are unavailable or no longer in production, or your model of Goods is no longer available or in production, we will use our best endeavours to use appropriate equivalent materials, parts, features or model.

1.5 Filtration Equipment is covered by Manufacturers warranty of the equipment. We will supply direct contact to manufacturer to complete any warranty claim. In-Floor Cleaning Systems are covered by a 3 Year Limited Warranty. All plumbing, pipe and fittings are covered by a 12 months Warranty on parts and labour.

1.6 Coping (if installed by Freedom Pools & Spas) has a warranty period of 12 months from installation on materials and labour.

2. Making a valid warranty claim

2.1 To claim the benefit of this Warranty, you must:

(a) complete a Warranty Claim Form ( available at www.freedompools.com )and submit the Warranty Claim Form to us via email as soon as you become aware that the Goods are defective and, in any event, within 28 days of when you become aware that the Goods are defective;

(b) allow us sufficient access to your site to inspect your Goods.;

(c) Never allow any third party to complete any rectification work without our approval

(d) if we ask you to, you must return the Goods together with all packaging, parts, accessories and documentation to the contact details set out below; and

(e) provide any other information reasonably required by us to assess your claim.

2.2 Where you return the Goods as part of a Warranty claim under this clause 2.1, we will cover the associated costs of you returning the Goods to us.

2.3 Where we accept your claim under this Warranty, clause 1.2 or 1.3 (as applicable) will apply.

3. When this warranty applies and when it does not

3.1 This Warranty does not cover any defect which is caused (or partly caused) or contributed to, by any:

(a) act or omission, accident, or negligence by you or any third party not engaged by us (including any third party installer of your Goods);

(b) failure on your part to follow any instructions or guidelines (including any manual) provided by us in relation to your Goods or properly maintain your Goods in accordance with any of our instructions or guidelines (including any manual);

(c) failure by you to maintain water level within normal operating levels in the Goods at all times;

(d) incorrect chemical composition of the water in the Goods. You must keep adequate monthly records in relation to the chemical composition of the water in your Goods (Records), and you acknowledge and agree that you will not be entitled to make a claim under the Warranty where you fail to provide us with such Records upon request;

(e) failure by you to maintain the hygiene of the Goods;

(f) use of your Goods otherwise than for any application or use specified by us;

(g) continued use of your Goods (where such use is not reasonable) after any defect in your Goods becomes apparent or would have become apparent to a reasonably prudent person;

(h) incorporation or installation of fixtures, appliances or other items into your Goods;

(i) failure by you to notify us of any defect in your Goods within a reasonable period of time after you become aware of or ought to have reasonably become aware of the relevant defect;

(j) reasonable wear and tear of your Goods;

(k) act of God or force majeure event (including but not limited to ground movements, inadequate site drainage, earthquake, flood, fire, or other natural disaster, war, riot, invasion, act of terrorism, contamination, or any other event or circumstance beyond our reasonable control); or

(l) installation, repair, replacement, maintenance, altering, overhauling or otherwise compromise of the Goods by you or any person other than us.

3.2 Additional Expenses: Any works or services requested by you to be performed by us (including any work or services that are additional to repairs carried out by us pursuant to clause 1.2 or 1.3 and deemed by us to not be covered under this Warranty may incur additional charges, which we will advise you of prior to commencing those additional work or services. We are under no obligation to perform any additional work or services that you may request. Any work (of any type) carried out by any third party not pre-authorised by Freedom Pools & Spas are at your expense.

4. General

4.1 This Warranty is only valid and enforceable in Australia and is governed by the laws of South Australia.

4.2 No third party reliance: The benefit of this Warranty is for you only, and no other person or third party can rely on or make a claim under this Warranty.

4.3 No Assignment or transfer: This Warranty or the benefit under this Warranty cannot be assigned or transferred to any other person or third party.

4.4 Severance: If any provision of this Warranty is held to be void, invalid or illegal or unenforceable in any jurisdiction, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or part of that provision) will be severed from this Warranty without affecting the validity or enforceability of the remainder of that provision or the other provisions in this Agreement.

 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.

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