GOLD PLAN TERMS & CONDITIONS
These terms and conditions form part of the Billi Care Maintenance Plan proposal (“Proposal”) and Proposal acceptance form (“Acceptance Form”) between Billi Australia Pty Ltd (“Billi”) and its customer detailed in the Proposal and Acceptance Form (“Customer”). The Proposal and Acceptance Form collectively define the terms of the maintenance agreement between Billi and the Customer (“Maintenance Agreement”).
Billi will provide the services detailed in Table 4 to the Proposal (“the Services”) for the units listed in Table 3 to the Proposal (“the Serviced Units”), for the term detailed in Table 2 to the Proposal (“Term”), and, subject to the terms detailed below under ‘Fee Annual Increase’, the annual fees stated in Table 1 to the Proposal (“the Fees”), provided the Customer has pre-paid the Fees annually in advance (unless alternate payment terms have been agreed to by Billi).
The Maintenance Agreement is personal to the Customer and shall not extend or apply to any subsequent owner, assignee or transferee of the Serviced Units. Further, in the event that the Serviced Units are relocated to an address other than as detailed in Table 3 to the Proposal, the Maintenance Agreement will terminate unless otherwise agreed by Billi.
Fee Annual Increase
The Fees for the second and subsequent years of the Term (as applicable) may be increased by Billi as notified in writing to the Customer prior to expiration of each year of the Term but, in any event, shall not be increased by an amount greater than the CPI increase over the prior year, where CPI is the weighted average of Australia’s eight capital cities (“CPI”).
The Services
The Services will be performed between 8am – 4:30pm, Monday to Friday (unless otherwise arranged) and shall include:
the replacement of filters and CO2 canisters (if applicable) at scheduled frequency as specified in Table 1 to the Proposal.
necessary repairs, replacement of parts, and setting adjustments in the event of Service Unit malfunctions.
The Services do not include additional filter or CO2 canister replacements. These will be charged separately at prevailing standard Billi rates.
In the event that a Serviced Unit has malfunctioned:
where the Serviced Unit is less than 5 years old, Billi may either repair that Serviced Unit or replace it with a comparable new or refurbished unit manufactured by Billi; and
where the Serviced Unit is at least 5 years old, Billi may terminate, in writing, the Maintenance Agreement insofar as it relates to the Serviced Unit. In this case, Billi will credit to the Customer an amount equal to the balance of the current year Fees paid by the Customer with respect to that Serviced Unit.
In the event that a Serviced Unit requires a dispenser replacement, Billi is only obliged to replace with a standard chrome coloured dispenser. A dispenser replacement involving other colours and finishes will incur an additional cost to the Customer. Sink flick mixer tap repairs are not covered under the Maintenance Agreement unless a recognised PLV has been installed.
The Maintenance Agreement does not cover damage to the Serviced Units caused by a person not authorised by Billi, abnormal water conditions, poor water pressure, faulty installation performed by a third party, installation requirements not being met, manufacturer recommended usage (or similar) specifications being exceeded, negligence or abuse. Repairs in these circumstances will be separately charged at prevailing standard Billi rates.
Renewal
The Maintenance Agreement will automatically renew upon expiration of the Term for a successive 12 month period unless the Customer notifies Billi, in writing, of its intention not to renew prior to the expiration of the Term.
In the event of renewal, all terms of the Maintenance Agreement will continue to apply save that the Fees for the further Term will either be:
as notified by Billi in writing to the Customer prior to expiration of the Term, or
increased in line with the CPI.
Early Termination
Upon early termination of the Maintenance Agreement, for any reason, Billi:
will be entitled to retain all monies previously paid under the Maintenance Agreement,
may recover the balance of monies otherwise payable for the balance of the Term (less an amount representing direct costs (parts & labour) that would otherwise have been incurred by Billi in replacing filters or CO2 canisters over the balance of the Term) as an amount immediately due and payable, and
may recover any and all additional damages and expenses sustained by Billi by reason of such early termination or by reason of any Customer breach of any provision of the Maintenance Agreement.
Payment: Direct Debit
Where the Customer has chosen the payment option of Direct Debit, Billi will arrange for funds to be debited from the bank account nominated by the Customer on the agreed date(s). If the debit day falls on a day that is not a banking day, Billi will draw from the bank account on the next business day. Billi will keep all information regarding your bank account in the strictest of confidence.
The Customer must ensure that direct debiting is available from their account and that there are sufficient clear funds to meet the payment on the agreed date. If there are insufficient funds available on the agreed date the Customer may be charged a fee by their financial institution and Billi will charge a dishonour payment fee of $22 which will be added to the Customer’s next scheduled payment.
To alter, stop or terminate the Direct Debit request, the Customer must provide Billi with at least 14 days notice in writing prior to the agreed date or directly with your own financial institution. Billi will notify the Customer at least 14 days in advance if there are any changes to the terms of the Direct Debit.
If the Customer believes Billi has drawn on their account incorrectly, the Customer can contact Billi immediately to address the issue or alternatively the Customer can contact their financial institution.
Billi Conditions of Trade
The terms and conditions:
- incorporate the Billi Conditions of Trade as published from time to time at www.billi.com.au. To the extent of any inconsistency, these terms and conditions shall prevail; and
- may be updated by Billi from time to time and shall apply as and from the date updated and published at www.billi.com.au.
Version date: June 2017
