1) DEFINITIONS

“Agreement” means the Agreement incorporating these Terms and Conditions.

“FrequentSeas” means FrequentSeas, located at 400A Shute Harbour Road, Airlie Beach, QLD 4802, Australia.

“Products” means alkaline and pure water, ceramic dispensers, glass bottles, botanical elixirs, syrups, and other consumable products sold to the Customer by FrequentSeas.

“Bottles” means 15L water bottles rented by the Customer from FrequentSeas.

“Cooler Units” means hot/cold or ambient/cold water systems.

“Bottle Deposit” means a $50 refundable bottle deposit per bottle, charged at the time of first purchase.

“Customer” means a commercial or residential customer or client.

“Replacement Fee” means a $50 fee per bottle for any bottle lost, damaged or unreturned.

“Other Agreements” means agreements to which Division 4 of the Queensland Fair Trading Act 1989 applies.

2) AGREEMENT

This document sets out the Terms and Conditions applicable to the Agreement between the Customer and FrequentSeas under which Products may be purchased from time to time.

3) COMMENCEMENT DATE

The Agreement commences on the date it is approved by the Customer online.

4) TERMS

a) If the Customer returns Products or equipment prior to the end of the Agreement, the Customer remains liable for all outstanding rentals, invoices, reasonable debt collection fees, dishonour fees and any other reasonable charges payable to FrequentSeas.

b) Upon termination of the Agreement, no refunds will be provided for unused Products.

c) All payments must be made prior to delivery of Products.

d) There is no minimum Agreement term.

5) BOTTLE DEPOSIT

A refundable bottle deposit of $50 per bottle is required at the time of Agreement.
The deposit will be reimbursed upon request once all bottles are returned and service is cancelled.

You authorise FrequentSeas to charge $50 per bottle for any bottles not returned or acknowledged within 3 months of your last transaction.

6) OWNERSHIP

a) Bottles

All Bottles remain the property of FrequentSeas at all times. Ownership does not pass to the Customer.
FrequentSeas may retrieve Bottles if the Customer breaches this Agreement, becomes insolvent, or ceases operation. This is in addition to FrequentSeas’ right to demand immediate payment of any outstanding balance.

b) Cooler Units or Ceramic Dispensers

Once purchased, cooler units and ceramic dispensers become the sole property of the Customer.
FrequentSeas is not responsible for servicing, replacement or warranty claims, which must be managed directly with the manufacturer.

7) EXCLUSIVE USAGE

The Customer agrees that Bottles are to be used solely for holding FrequentSeas water.

8) LIABILITY

a) To the maximum extent permitted by law, all implied conditions and warranties are excluded.

b) FrequentSeas’ liability is limited (at its option) to replacement, repair, or reimbursement of goods or services as permitted by law.

c) FrequentSeas is not liable for indirect, consequential, punitive or exemplary damages, including loss of profit, revenue or opportunity.

9) CONTACT INFORMATION

The Customer agrees to notify FrequentSeas of any changes to contact details, including address or phone number.

10) PAYMENT TERMS

Payment must be made via credit card, EFTPOS or cash before delivery of Products.

11) OVERDUE PAYMENTS

a) Dishonoured or reversed payments will be reimbursed by the Customer, including all bank fees and reasonable administration charges.

b) Any recovery costs incurred by FrequentSeas, including debt collection and legal costs, plus interest at 10% per annum, are payable by the Customer.

12) PRICING

a) Prices are as specified on invoices, order forms or revised pricing notices.

b) FrequentSeas may adjust pricing during the Agreement, acting reasonably and providing notice.

13) PERSONAL INFORMATION

a) The Customer consents to FrequentSeas using personal information to process orders, provide services, improve customer experience and communicate relevant information.

b) The Customer may opt out of marketing communications at any time.

c) Personal information will not be disclosed unless required by law or as part of a business transfer.

d) The Customer may access their personal information held by FrequentSeas at no charge.

14) DELIVERY

a) Customers will receive order confirmation after placing an order.

b) Delivery will be made within 8 working days, subject to access and availability.

c) Minimum delivery quantities may apply.

d) Customers must provide safe and reasonable access for delivery and bottle collection.

e) Delivery enquiries can be emailed to info@frequentseas.com.

15) REFUNDS AND RETURNS

Refunds and returns are governed by the FrequentSeas Refund & Returns Policy, available on our website.
Used, altered or damaged goods are not eligible for refund.

16) PAYMENT SECURITY

FrequentSeas uses secure third-party payment gateways to process transactions.
All online payments are encrypted and processed using industry-standard security protocols.

17) WARRANTY AND REPAIRS

a) Customers must take reasonable care of all equipment. Warranty is void if damage results from misuse, negligence or tampering.

b) Equipment must be kept in a clean and hygienic condition. FrequentSeas may clean or exchange equipment if required, with notice.

c) Equipment is used at the Customer’s own risk.

d) Purchased cooler units and dispensers are the Customer’s responsibility for repair and warranty claims.

18) LOST OR DAMAGED EQUIPMENT

The Customer is liable for the full cost of repair or replacement of lost or damaged equipment, including 15L bottles.

19) TERMINATION

a) Either party may terminate this Agreement for breach if not remedied within 14 days of written notice.

b) FrequentSeas may terminate immediately if the Customer becomes insolvent or enters creditor arrangements.

20) GOVERNING LAW

a) This Agreement is governed by the laws of Queensland and/or New South Wales.

b) The parties submit to the non-exclusive jurisdiction of the courts of those States.