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Terms & Conditions

Kraken Concepts Pty Ltd trading as Mistech Cooling | ABN 23 647 853 745
Effective date: 7/10/2026

1. About these Term 

These Terms and Conditions (Terms) apply to your use of our website, www.mistechcooling.com.au, and to every purchase of products from Kraken Concepts Pty Ltd (ABN 23 647 853 745) trading as Mistech Cooling (we, us, our).
We supply outdoor mist cooling pumps, misting lines, nozzles, fans, filters, fittings and related components (products) on a supply-only basis to customers throughout Australia and New Zealand.
Our Warranty Policy and Privacy Policy form part of these Terms. By using our website, accepting a quote or placing an order, you agree to these Terms.

2. Your consumer rights

Nothing in these Terms excludes, restricts or modifies any right, remedy or guarantee you have under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) (ACL), the Consumer Guarantees Act 1993 (NZ), the Fair Trading Act 1986 (NZ) or any other law that cannot lawfully be excluded or limited (Non-Excludable Rights). If any clause in these Terms would otherwise do so, it applies only to the extent permitted by law.                                                                                                     

For customers in Australia:

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.

3. Supply only: installation and use

  • We supply products only. We do not install, commission or service products on site. You are responsible for arranging installation, either yourself where lawful or through an appropriately qualified tradesperson.
  • Products must be installed according to our instructions and manuals, and all laws, standards and regulations that apply where they are installed in Australia or New Zealand. Electrical and plumbing work must be carried out by appropriately licensed tradespeople.
  • You are responsible for obtaining any approvals your local council or water authority requires, including backflow prevention where a system connects to mains water.
  • You are responsible for having a competent person check that any wall, post, roof or other structure, and the fixings used, are suitable to support the products, allowing for their weight, vibration and site conditions.
  • Products must be installed and operated within their stated ratings, including pressure, voltage, water flow and weather exposure limits. Not every pump, fan or electrical component is suitable for direct rain or an exposed outdoor position. Please check before ordering.
  • Products must be supplied with clean, potable water through suitable filtration, and maintained as set out in our manuals and Warranty Policy. If you intend to use bore, tank, recycled or other non-mains water, you must tell us before ordering.
  • Mineral deposits, scale, contamination and corrosion caused by water quality, inadequate filtration or lack of maintenance are not product defects.

4. Design advice, layouts and product information

  • Any advice, layout or recommendation we provide on product selection, sizing or placement is based on the information you give us, and we do not inspect sites. You are responsible for providing accurate and complete information, including measurements, photos, the area and intended use, airflow, water supply and power supply.
  • If the information you provide is incorrect or incomplete, any additional products or costs needed as a result are your responsibility.
  • Concept images and layouts illustrate the proposed arrangement only. Unless we expressly state otherwise, they are not to scale and are not installation drawings.
  • Our layouts and advice are not a structural, electrical, plumbing or regulatory assessment or certification. You and your installer are responsible for any site checks and approvals required.
  • Product images, diagrams and descriptions are a guide only. Minor differences in appearance may occur. Manufacturers may update product specifications. If a change would materially affect a product you have ordered, we will let you know before dispatch.

5. Cooling performance and misting

  • Cooling results depend on factors outside our control, including temperature, humidity, airflow, wind, enclosure, water supply, system pressure, positioning and operation. Any temperature reduction, mist throw or performance figure we give is indicative only and is not a guarantee of results at your site, unless we have expressly agreed to a specific performance outcome in writing.
  • Misting can cause surfaces, furniture and equipment to become wet, particularly in humid or still conditions or where the system is positioned or operated incorrectly. You are responsible for positioning and operating the system appropriately, monitoring nearby surfaces, and adjusting or stopping the system if water pools, surfaces become slippery, or sensitive items are exposed.
  • For safety and to avoid water damage, turn off the water supply when the system is not in use, and do not leave the system running unattended for long periods.

6. Quotes and orders

  • Written quotes are valid for 30 days from the date of the quote unless stated otherwise.
  • Unless expressly included, quotes do not include installation, site inspections, structural assessment, plumbing or electrical work, approvals, water treatment equipment, or anything outside the stated scope. Any additional products or changes to scope require a revised quote.
  • An order placed through our website, by email or by phone, or the acceptance of a quote, is an offer to buy. A contract is formed when we confirm your order in writing or dispatch the products, whichever happens first.
  • All products are subject to availability. We may limit quantities per order.
  • We may decline or cancel an order before dispatch if the product is unavailable, there is an obvious error in the price or description, we reasonably suspect fraud, or we are unable to deliver to your location. If we do, we will refund any amount you have paid for the cancelled items.

7. Cancelling or changing an order

  • Once we have accepted your order, you may only cancel or change it with our written agreement.
  • If we agree to a cancellation or change before dispatch, you must pay any costs we have reasonably incurred, such as supplier cancellation or restocking fees, freight and payment processing fees. We will deduct these from any refund.
  • Special orders: products that are ordered in, cut, assembled or configured specifically for you cannot be cancelled once we have placed the order with our supplier or started work on them.
  • Once products have been dispatched, an order cannot be cancelled for change of mind (see clause 12.2).

8. Pricing

  • All prices are in Australian dollars (AUD). For orders delivered within Australia, prices include GST unless stated otherwise.
  • For orders outside of Australia, please contact us for pricing and freight.
  • Freight is charged in addition to the product price unless stated otherwise.
  • If a product is listed at an obviously incorrect price, we will contact you before processing your order. You can then go ahead at the correct price or cancel for a full refund.

9. Payment

  • Payment in full is required before dispatch, unless we have agreed in writing to other payment terms.
  • We accept Visa, Mastercard, PayPal, direct deposit.
  • Trade accounts are subject to approval of a credit application and our separate trade terms.
  • If any amount is overdue, we may hold dispatch of your order, or any other order, until it is paid.

10. Delivery and collection

  • We deliver throughout Australia and New Zealand using third-party carriers. Delivery timeframes are estimates only.
  • We may deliver an order in more than one shipment.
  • Please make sure your delivery address and contact details are correct. If a delivery fails because of an incorrect address or because nobody was available to receive it, re-delivery charges may apply.
  • If you authorise the carrier to leave products unattended, the products are delivered when left at the address, and we are not responsible for any loss, theft or damage after that.
  • Please check your order on arrival. If anything is damaged or missing, let us know within 2 business days with photos. This does not limit your rights under the ACL or NZ law.
  • Risk in the products passes to you on delivery or, if you collect the products or arrange your own carrier, when the products are handed to you or your carrier.

11. Ownership of products

Ownership of products passes to you when we have received payment in full. Until then, the products remain our property. Where products are supplied on credit, these Terms may create a security interest under the Personal Property Securities Act 2009 (Cth), which we may register. You agree to sign any documents reasonably required for this purpose.

12. Returns and refunds

12.1 Faulty products
If a product is faulty, please see our Warranty Policy for how to make a claim. Your Non-Excludable Rights apply in addition to our warranty.
12.2 Change of mind
We do not accept returns or offer refunds for change of mind, including where you have ordered the wrong product or no longer need it. If you are unsure which product is right for your setup, please contact us before ordering and we will be happy to help.
This does not affect your rights if a product is faulty or not as described. Those are covered by our Warranty Policy and your Non-Excludable Rights.
12.3 Refunds
Where a refund is due, it will be paid to the original payment method within 10 business days of the refund being approved.

13. Limitation of liability

  • Subject to your Non-Excludable Rights, where products are not of a kind ordinarily acquired for personal, domestic or household use, our liability for a failure to comply with a consumer guarantee is limited, at our option, to replacing or repairing the products, supplying equivalent products, or paying the cost of doing so.
  • Subject to your Non-Excludable Rights, we are not liable for any indirect or consequential loss, including loss of profit, revenue or business opportunity, arising from your use of our website or products.
  • Subject to your Non-Excludable Rights, we are not liable for any loss, damage or injury to the extent it is caused by installation, modification or maintenance carried out by others, use of a product contrary to our instructions or manuals, incorrect or incomplete information you gave us, unsuitable water supply, or the positioning, operation or monitoring of the system (including water, mist or wet surfaces), rather than by a defect in our products.
  • If you are acquiring products for business purposes then, subject to your Non-Excludable Rights, our total liability to you for all claims arising from an order is limited to the price you paid for that order.
  • If you are acquiring products in New Zealand for the purposes of a business, you agree that, to the extent permitted by law, the Consumer Guarantees Act 1993 and sections 9, 12A, 13 and 14(1) of the Fair Trading Act 1986 do not apply, and that this is fair and reasonable.

14. Using our website

  • You must use our website for lawful purposes only, and not in any way that infringes the intellectual property or privacy rights of others.
  • You must not interfere with our website, systems or security, or engage in any fraudulent, abusive or illegal activity.
  • You are responsible for providing accurate, up-to-date contact and delivery details.
  • All content on our website and all drawings, layouts and documents we provide, including text, images, logos and product information, are owned by or licensed to us. You may use layouts and documents we supply for your order to install, operate and maintain your system, including sharing them with your installer, but not for any other purpose without our written permission.
  • We do not guarantee that our website will be uninterrupted or error-free. We may update or change website content at any time.
  • We are not responsible for the content or accuracy of third-party websites linked from our website.

15. Reviews, photos and other content you share

  • You are responsible for any content you post or send to us, such as reviews, photos or videos of your installation. You confirm that you own it or have permission to share it, and that it is lawful and not offensive.
  • If you send us content for use in our marketing, you grant us a free, non-exclusive licence to use, edit and share it on our website and social media.
  • We may remove any content that breaches these Terms.

16. Indemnity

You agree to indemnify us for any loss, damage or claim we suffer to the extent it is caused by your breach of these Terms or your unlawful act, except to the extent the loss is caused by our own act or omission.

17. Privacy

We collect and handle your personal information in accordance with our Privacy Policy and applicable privacy laws.

18. Events beyond our control

We are not liable for delays or failure to perform caused by events beyond our reasonable control, such as natural disasters, extreme weather, pandemics, government action, industrial action, or supplier or carrier failures. If a delay continues for more than 30 days, either of us may cancel the affected order, and we will refund any amount paid for products not yet delivered.

19. Changes to these Terms

We may update these Terms from time to time and will publish the updated version on our website with a new effective date. The Terms in force when you place an order apply to that order.

20. General

  • Disputes: If you have a concern, please contact us first so we can try to resolve it.
  • Entire agreement: Subject to your Non-Excludable Rights, these Terms, our Warranty Policy, our Privacy Policy, your order confirmation and any written quote we give you form the entire agreement between us for your order.
  • Waiver: If we do not enforce a term, we may still enforce it later. Any waiver must be in writing.
  • Severability: If any part of these Terms is unenforceable, it will be read down or removed, and the rest of these Terms will continue to apply.
  • Governing law: These Terms are governed by the laws of Queensland, Australia, and both parties submit to the jurisdiction of the Queensland courts. If you are a consumer in New Zealand, this does not affect any protections you have under New Zealand law.

21. Contact us

If you have any questions about these Terms or an order, please get in touch. We are happy to help.

 

Kraken Concepts Pty Ltd trading as Mistech Cooling
ABN 23 647 853 745
Phone: 07 4946 4702
Email: mail@mistechcooling.com.au
Website: www.mistechcooling.com.au