Terms of service
1. Quote Validity
1.1 Quotes remain valid for 14 days from the date of issue, unless otherwise stated on the quote.
1.2 Prices, terms and specifications may change after this period without notice.
2. Acceptance of Quote
2.1 Acceptance of the quote can be confirmed in writing by email, by accepting the quote online, or by payment of the invoice.
2.2 Acceptance constitutes a binding agreement between the Customer and Peak Sauna & Ice Pty Ltd ("Peak") in accordance with these Terms and Conditions.
2.3 Payment of the initial deposit confirms the order and authorises Peak to commence supplier bookings and production scheduling. Where a part payment is made online under clause 3.1(d), the order is confirmed and supplier bookings and production scheduling commence once the full 40% deposit has been received.
2.4 These Terms and Conditions form part of all quotes, sales and installations undertaken by Peak.
3. Payment Terms
3.1 Payments are due as follows:
(a) Sauna or ice bath in production, with installation (Melbourne metro and Mornington Peninsula)
40% of the total quoted amount payable upon acceptance of the quote. This deposit confirms the order and places the sauna or ice bath into production.
40% of the total quoted amount payable on completion of production, prior to shipment from the manufacturer to Peak. Goods will only be released for shipping once this payment has cleared.
20% of the total quoted amount payable on the day of installation, upon completion and handover.
(b) Sauna or ice bath in transit or in stock, with installation (Melbourne metro and Mornington Peninsula)
40% of the total quoted amount payable upon acceptance of the quote.
40% of the total quoted amount payable within 14 days of the deposit. Where installation is scheduled to take place within that 14-day period, this payment is due 5 days before the installation date.
20% of the total quoted amount payable on the day of installation, upon completion and handover.
(c) Delivery-only or shipped orders (no Peak installer on site, including interstate freight and depot collection)
(i) Sauna or ice bath in production orders
40% of the total quoted amount payable upon acceptance of the quote. This deposit confirms the order and places the sauna or ice bath into production.
40% of the total quoted amount payable on completion of production, prior to shipment from the manufacturer to Peak. Goods will only be released for shipping once this payment has cleared.
20% of the total quoted amount payable before dispatch from Peak’s warehouse to the Customer or nominated freight depot.
(ii) Sauna or ice bath in transit or in stock orders
40% of the total quoted amount payable upon acceptance of the quote.
40% of the total quoted amount payable within 14 days of the deposit, or before dispatch, whichever occurs first.
20% of the total quoted amount payable before dispatch from Peak’s warehouse to the Customer or nominated freight depot.
(d) Orders placed and paid through the Peak website
The amount paid at checkout is a part payment of the 40% deposit. It is calculated at 10% of the sauna price and excludes delivery, installation and any add-ons.
The balance of the 40% deposit is payable within 7 days of the online payment.
A further 40% of the total quoted amount is payable within 14 days of the online payment.
The remaining 20% of the total quoted amount is payable on the day of installation, upon completion and handover.
The amount paid at checkout is credited against the deposit invoice.
The order and the quoted price are held for that 7 day period. Where the balance of the 40% deposit is not received within that period, the order is not confirmed and the amount paid at checkout is refunded to the original payment method, less a reasonable administrative fee covering costs incurred.
Payments due before installation, collection or dispatch
In every case where Peak is installing, 80% of the total quoted amount must be received in cleared funds no later than 5 days before the installation date. Where the installation date falls before a payment would otherwise be due under (a), (b) or (d), that payment is brought forward and the invoice is issued so that it falls due 5 days before installation. The installation date governs, not the 7 day or 14 day periods. Where Peak is not installing, clause 3.6 applies instead and the full invoiced amount must be received in cleared funds before the goods are collected, dispatched or released to the freight provider.
3.2 All payments must be made in accordance with invoices issued by Peak using the payment methods listed on the invoice.
3.3 Late or delayed payments may delay production, shipment or installation, and revised lead times will apply.
3.4 Deposits are non-refundable once supplier production has commenced.
3.5 Prices quoted for Signature range products are inclusive of GST unless stated otherwise. This applies to residential Customers and to Commercial Customers purchasing a standard Signature range product. Prices quoted to Commercial Customers under clause 18 may be exclusive of GST, in which case the quote will state this and GST will be shown as a separate amount. Custom saunas constructed on site are quoted under the separate terms referred to in clause 8.7, and the GST position for those works is stated on the quote.
3.6 For delivery-only or shipped orders, including customer collections from Peak’s warehouse, goods will not be released for collection, dispatched or released to the freight provider until the full invoiced amount has been received in cleared funds.
3.7 Bank transfer (EFT) is the preferred payment method and does not attract any surcharge. Payments made by credit or debit card may incur an additional surcharge to cover processing fees. Any applicable surcharge will be advised at the time of payment.
4. Delivery, Risk and Completion
4.1 Estimated lead times for sauna or ice bath in production orders are 10 to 14 weeks from order confirmation and are provided as a guide only. Actual timeframes may vary based on manufacturing capacity, freight and customs clearance.
For sauna or ice bath stock currently shipping (in transit) or in stock, Peak will provide a more specific timeframe at the time of quoting or booking. Typical timeframes are:
-
items currently shipping or in transit: approximately 4 to 6 weeks to delivery or installation; and
-
in stock items: approximately 1 to 3 weeks to delivery or installation.
All timeframes are indicative and may be affected by freight availability, scheduling and site readiness.
4.2 Peak will coordinate all freight, unloading and delivery to the Customer’s nominated address or collection depot, as specified in the quote.
For delivery-only products, delivery will be to ground level at the nearest practical access point or freight depot unless otherwise agreed in writing.
For installed products, delivery will include placement and installation in the agreed on-site location.
4.3 Any additional handling (for example, upstairs access, restricted entry or use of lifting equipment) must be disclosed in advance and may incur an additional charge.
4.4 Risk in the goods passes to the Customer:
(a) upon completion of delivery to the Customer’s site for delivery-only products; or
(b) upon completion of installation and handover for installed products.
4.5 The Customer is responsible for ensuring safe access to the site and must inform Peak of any site restrictions or hazards before delivery.
4.6 Delivery-only and shipped orders
4.6.1 An order is a delivery-only or shipped order where no Peak installer attends the site. This applies to customer collections, orders outside Peak’s metropolitan Melbourne and Mornington Peninsula service area, and interstate freight. Orders within that service area include delivery and, as applicable, sauna installation or ice bath setup, in accordance with clause 6.
4.6.2 Delivery-only and shipped orders are provided on a kerbside or depot basis unless otherwise stated in the quote. The freight provider will deliver to the nearest practical access point that is safe and legally accessible for the delivery vehicle.
4.6.3 The Customer is responsible for arranging any further movement of the goods on site, including transfer from the kerb, driveway or depot collection point to the final installation location, unless Peak has expressly agreed in writing to provide this service.
4.6.4 Freight charges quoted for delivery-only and shipped orders cover freight alone. They are not comparable to, and must not be read as, the delivery and installation or setup included within Peak’s service area.
4.6.5 Any additional services required for delivery, such as tailgate lifts, forklifts, two-person lifts, cranes or specialised access equipment, must be disclosed in advance and may incur additional charges. Where such requirements are identified at or after the time of delivery, any additional costs charged by the freight provider will be on-charged to the Customer.
4.7 Missed delivery, redelivery and storage
4.7.1 If the freight provider is unable to complete delivery because the Customer is not available to accept delivery during the booked window, access is not as described, or delivery is refused without reasonable cause, any redelivery or storage charges applied by the freight provider may be passed on to the Customer.
4.7.2 Where goods are delivered to a freight depot for Customer collection, the Customer must collect the goods within the timeframe notified by Peak or the freight provider. Additional storage or handling fees charged by the depot may be on-charged to the Customer.
4.8 Freight quotes and regional surcharges
4.8.1 Freight charges are quoted based on the delivery address, access information and product details provided at the time of quoting. If this information is incomplete or inaccurate, Peak reserves the right to revise the freight charge.
4.8.2 For addresses in regional Victoria, outside Peak’s metropolitan service area, a regional travel fee applies to both saunas and ice baths, calculated at $2 per kilometre return from the nearest metropolitan Melbourne suburb to the delivery address. The exact figure is confirmed with the Customer before payment.
4.8.3 Remote or island locations may attract additional freight and handling fees. These will be advised and agreed with the Customer before the freight booking is confirmed.
4.9 Delivery, installation and setup charges
4.9.1 Within metropolitan Melbourne and the Mornington Peninsula, delivery and installation of a sauna are included in the quoted price. The delivery component is itemised at $300 so that it can be identified and deducted where the Customer collects from Peak’s Seaford warehouse.
4.9.2 Within metropolitan Melbourne and the Mornington Peninsula, delivery and setup of an ice bath are included in the quoted price at $500, being $300 delivery and $200 setup. These are itemised so that they can be identified and deducted where the Customer collects from Peak’s Seaford warehouse.
4.9.3 Collection from Peak’s Seaford warehouse is by appointment and attracts no delivery charge.
4.9.4 Where a sauna and an ice bath are purchased together, the pair is priced as a contrast setup and the delivery and setup position for both is confirmed with the Customer in writing before payment.
4.9.5 For delivery-only and shipped orders, freight is charged from $750 for depot collection and from $1,500 for kerbside delivery to the Customer’s address. These are freight-only charges, confirmed at the time of quoting based on the product, address and access, and are subject to clause 4.6.4.
4.9.6 The regional travel fee in clause 4.8.2 applies in addition to the charges in this clause where the delivery address is outside Peak’s metropolitan service area.
4.9.7 The charges in this clause include GST. They are current at the effective date of these Terms and may change. The figures confirmed in the Customer’s quote apply to that order.
5. Site Readiness and Access
5.1 The Customer must ensure that the site or delivery location is level (where relevant), structurally suitable (for example, adequate decking or slab), accessible and ready for delivery or installation on the agreed date.
5.2 The Customer must provide clear, safe access for delivery vehicles, installers and equipment, including adequate parking or standing room and an access path free from obstructions, hazards and excessive steps or tight turns.
5.3 Any known site constraints, for example, narrow side access, steep or shared driveways, height restrictions, apartment or body corporate rules, must be disclosed to Peak prior to booking delivery or installation. Additional charges may apply where non-standard access or equipment is required.
5.4 If the site is not ready, access is unsafe or conditions are materially different from those advised at the time of quoting or booking, Peak may, at its discretion:
5.4.1 postpone delivery or installation and charge a reasonable re-visit fee; and/or
5.4.2 charge the Customer for any additional time, equipment hire or freight costs incurred;
and re-book the delivery or installation for the next available time.
5.5 Electrical works, saunas
5.5.1 Peak does not provide electrical contracting services and is not responsible for carrying out electrical connection of the sauna to the main power supply, unless expressly stated otherwise in the quote. Electrical connection is a separate cost, arranged and paid directly between the Customer and their electrician. It is not included in Peak’s price, even where delivery and installation are included.
5.5.2 All electrical works for saunas must be performed by a suitably qualified and licensed electrician engaged by the Customer. The Customer may:
(a) engage an electrician of their choice; or
(b) request details of electricians familiar with Peak’s products and installation requirements. Peak recommends this option where possible, as it reduces the risk of installation issues, delays and rework due to electricians not being familiar with the products.
5.5.3 Any electrician introduced by Peak is engaged directly by the Customer and is not a subcontractor, agent or representative of Peak. Electrical works are not included in Peak’s quotes. Peak does not warrant the electrician’s workmanship and accepts no liability for the cost, quality, timing or compliance of the electrical work, which remains the responsibility of the Customer and their electrician.
5.5.4 Peak will provide product specifications, general electrical requirements (for example, supply size, phase requirements and indicative locations for isolators), and reasonable technical support to assist the Customer’s electrician during installation. The electrician is responsible for ensuring that the final design, wiring and protective devices comply with all relevant Australian Standards, regulations and local authority requirements.
5.5.5 Where electrical works are required to be completed before the sauna is installed (for example, conduits or cables that must be run in or under a slab, deck or within walls), the Customer is responsible for ensuring those works are completed prior to the scheduled sauna installation date. In all other cases, electrical connection may be completed by the Customer’s licensed electrician after the sauna has been installed. If prerequisite electrical works that have been identified as needing to be completed before installation are not in place on the day, Peak may postpone installation, charge a reasonable re-visit fee and re-book the installation for the next available time.
5.6 Ice baths and chillers, site readiness and power
5.6.1 For ice bath and chiller orders delivered by Peak within metropolitan Melbourne and the Mornington Peninsula, setup is included as standard in accordance with clause 6.2. For customer collections, and for orders delivered outside that area or shipped without a Peak installer, ice baths and chillers are supplied on a delivery-only basis and the Customer is responsible for unboxing, positioning the units and connecting them in accordance with the instructions provided.
5.6.2 Ice baths and chillers supplied by Peak are typically plug-in units designed to connect to a suitable existing power outlet. Peak does not carry out any electrical works in relation to ice baths or chillers beyond plugging the chiller into an existing outlet as part of an included or quoted setup.
5.6.3 The Customer is responsible for ensuring that a suitable power outlet is available at, or close to, the intended installation location of the chiller, and that the electrical circuit is adequate for the load. Any upgrades or modifications to the Customer’s electrical installation remain the responsibility of the Customer and their licensed electrician.
6. Installation Scope and Exclusions
6.1 Sauna installation
Unless otherwise stated in writing, sauna installation by Peak includes:
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positioning the sauna in the agreed location;
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assembly of all supplied sauna components, including walls, roof, benches, doors and trims;
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mounting the heater, control unit and associated brackets in the agreed locations and in accordance with the manufacturer’s guidelines, ready for connection by a licensed electrician;
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installing and securing supplied accessories inside the sauna (for example, backrests, lighting, vents, thermometer and hygrometer) in accordance with Peak’s standard installation guidelines;
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checking that the sauna is stable, plumb and built in accordance with Peak’s installation checklist; and
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providing a handover to the Customer that covers basic operation, including how to place rocks in the heater, recommended first-use steps and ongoing care and maintenance, and providing or directing the Customer to written information such as manuals, FAQs and care guides.
Sauna installation does not include electrical connection or live testing of the heater or controls. Electrical connection and any associated testing must be carried out by the Customer’s licensed electrician in accordance with clause 5.5.
6.2 Ice baths and chillers, delivery and setup
6.2.1 Ice bath and chiller orders delivered by Peak within metropolitan Melbourne and the Mornington Peninsula include setup as standard. Setup does not need to be separately requested or quoted for these orders.
6.2.2 Ice baths and chillers are supplied on a delivery-only basis where the Customer collects the goods, where the delivery address is outside the area described in clause 6.2.1, or where the goods are shipped without a Peak installer. In those cases delivery is provided in accordance with clause 4, and the Customer is responsible for positioning the units and connecting them as per the instructions. Setup may be quoted separately by agreement.
6.2.3 Where setup is included or quoted, Peak’s scope is limited to:
(a) placing the ice bath and chiller in the agreed location, subject to safe and practical access;
(b) connecting supplied hoses between the chiller and ice bath in accordance with the manufacturer’s instructions;
(c) plugging the chiller into an existing suitable power outlet; and
(d) basic functional testing to confirm the system powers on and circulates water.
6.2.4 Ice bath and chiller setup does not include any electrical works beyond plugging into an existing compliant outlet, nor does it include plumbing, drainage works, construction of pads, decks or enclosures, or any modification of the Customer’s site or services.
6.3 General exclusions
Installation, for both saunas and any included or quoted ice bath and chiller setup, excludes civil works, structural modifications, plumbing, trenching, concrete bases or electrical connection to the main power supply, unless expressly specified in the quote.
6.4 Any exclusions or inclusions specific to the site will be confirmed in writing prior to installation.
6.5 Where additional works or complexities are identified on site that fall outside the original scope, Peak will issue a variation for approval before proceeding. If the Customer does not approve the variation, Peak may complete only the portion of the works that can reasonably be completed within the original scope.
7. Revisions and Variations
7.1 Any change to the product, specification, site location or scope of work after acceptance of the quote constitutes a variation.
7.2 Variations must be approved in writing and may affect the price, lead time and delivery date.
7.3 Peak reserves the right to adjust costs or schedules accordingly.
8. Signature Range and Custom Products
8.1 "Signature range" means Peak’s standard sauna and ice bath models offered at set prices, available in stock, in transit or in production from Peak’s supplier without Customer-specified modifications.
8.2 "Custom Products" are items manufactured to the Customer’s specific requirements, dimensions or finishes. This includes any Signature range product that has been modified at the Customer’s request, and any sauna designed and produced to order, whether by Peak’s overseas supplier or by Peak’s local workshop.
8.3 Once supplier production has commenced, custom orders cannot be cancelled or refunded.
8.4 Any design change requested after production begins will be treated as a new order or variation.
8.5 Custom Products may include changes to dimensions, finishes, electrical components or non-standard materials.
8.6 Custom Products manufactured by Peak’s supplier and delivered to site, including modified Signature range products, are supplied under these Terms.
8.7 Custom saunas constructed on site by Peak are supplied under Peak’s separate Terms and Conditions, Custom Sauna Build, which are issued with the quotation and form part of that agreement. Those terms cover scope, payment stages, site readiness, electrical works, programme, variations, warranty, defects liability, liability and cancellation, and prevail over these Terms to the extent of any inconsistency. The payment stages in clause 3.1 and the warranty periods in clause 9.1 do not apply to those works.
9. Warranty and Liability
9.1 Product Warranty (Residential Use)
9.1.1 Peak warrants that products are free from defects in materials and workmanship under normal residential use for the periods set out in Table 1 below.
9.1.2 If a product fails due to a manufacturing defect within the applicable period, Peak will, at its discretion and in accordance with the Australian Consumer Law, repair or replace the product.
Table 1, residential warranty coverage
|
Item |
Warranty period |
|
Sauna room (structural) |
5 years |
|
Sauna heater and controls |
2 years |
|
Heating elements |
6 months |
|
Ice bath |
2 years |
|
Chiller |
2 years |
|
Accessories |
1 year |
9.1.3 Where products are supplied for Commercial Use, warranty cover is set out in clause 18 (Commercial Installations) and the residential warranty periods in Table 1 do not apply.
9.2 Service Warranty
9.2.1 Installation and related services will be performed with due care and skill.
9.2.2 If an issue arises from Peak’s workmanship within 12 months of completion, Peak will rectify the issue at no additional cost.
9.3 Defects Liability
9.3.1 A defects liability period of 12 months applies to all saunas supplied and installed by Peak, running from the date of installation and handover.
9.3.2 The Customer must notify Peak in writing, with photographs, of any defect within that period and within 14 days of becoming aware of it. Notifications should be sent to warranty@peaksaunaice.au.
9.3.3 Peak will inspect within a reasonable time and rectify any defect for which it is responsible at its own cost. Peak’s obligation is to rectify. It does not extend to consequential loss, or to the cost of works by others required to provide access.
9.3.4 Where a defect arises from work performed by others, including framing, waterproofing, tiling or electrical works, Peak will assist in identifying the cause but is not responsible for rectification.
9.3.5 Any defect apparent at handover must be noted on the handover record. Obvious damage must be reported within 48 hours in accordance with clause 12.
9.3.6 This clause operates in addition to the warranties in clauses 9.1 and 9.2 and does not limit the Customer’s rights under the Australian Consumer Law.
9.4 Conditions of Warranty
9.4.1 The Customer must follow Peak’s Care and Maintenance Guide and Installation Guidelines, available via the website or on request.
9.4.2 Failure to maintain exterior timber, including oiling and re-oiling as directed, may void the structural warranty.
9.4.3 The warranty does not cover normal wear and tear, misuse, neglect, improper cleaning, improper storage or environmental exposure inconsistent with the guides.
9.4.4 The warranty is void if the product is modified, altered or repaired by an unauthorised person.
9.4.5 Peak is not responsible for damage resulting from failure to meet site-preparation or electrical requirements.
9.5 Warranty Claims
9.5.1 To lodge a claim, the Customer must contact warranty@peaksaunaice.au with details of the issue, proof of purchase and clear photos showing the problem.
9.5.2 For installed products such as saunas, Peak will attend on site to inspect and rectify any issues where this is practical. Where on-site service is not practical (for example, the Customer is outside Peak’s usual service area), Peak may request clear videos and additional photos in order to assess the claim remotely and organise an appropriate solution.
9.5.3 For smaller or portable items such as ice baths or chillers, Peak may request that the product be returned for assessment. Where Peak requests the return of an item under warranty, Peak will arrange and cover the return freight.
9.5.4 Peak will assess claims promptly and provide a remedy consistent with the Australian Consumer Law, being repair, replacement or refund depending on the nature of the fault. Where a refund is the agreed remedy, it will be processed back to the Customer’s original payment method within 5 to 10 business days of approval.
9.6 Exclusions and Limitations
9.6.1 Unless the product is supplied for Commercial Use under clause 18 (Commercial Installations), this warranty applies to residential use only. Use of a residentially specified product in a commercial setting without Peak’s written agreement voids the warranty.
9.6.2 Peak is not liable for indirect or consequential loss, including loss of use or enjoyment.
9.6.3 To the extent permitted by law, Peak’s total liability for any claim is limited to the amount paid by the Customer for the goods or services giving rise to the claim.
9.6.4 Nothing in these terms limits or excludes the Customer’s rights under the Australian Consumer Law.
10. Cancellation Policy
10.1 The Customer may cancel a Signature range product order (whether held in stock or in production) within 14 days of acceptance, provided installation has not commenced. If Peak has undertaken preparatory work during this period, Peak may charge a reasonable administrative fee to cover costs incurred.
10.2 Saunas cannot be returned for change of mind once installation has commenced. Any defects identified after installation are addressed under clause 9 (Warranty and Liability).
10.3 For Custom Products (as defined in clause 8), cancellation is not permitted once the design has been approved by the Customer or supplier production has commenced.
10.4 For Signature range products in production, after the 14-day period in clause 10.1, or where supplier commitments have already been confirmed within that period, Peak may charge a cancellation fee reflecting the actual costs incurred up to the date of cancellation, including supplier deposits, freight bookings or materials ordered, but not exceeding 20 per cent of the quoted amount unless otherwise agreed in writing.
10.5 Post-delivery change of mind: ice baths and chillers
10.5.1 The Customer may return an unused ice bath or chiller for change of mind within 14 days of delivery, provided the unit is:
(a) in its original packaging;
(b) unused and in resaleable condition; and
(c) returned to Peak at the Customer’s cost. The Customer may arrange the freight, or Peak may organise it and deduct the cost from any refund payable.
10.5.2 The Customer must contact info@peaksaunaice.au before returning any goods so that Peak can confirm the return and provide the correct address.
10.5.3 Once the goods are received and inspected, Peak will refund the product price to the Customer’s original payment method within 5 to 10 business days. Original delivery costs are not refunded for change-of-mind returns. A restocking fee may apply depending on the condition of the goods returned, and Peak will advise the Customer of any such fee before processing the refund.
10.6 All cancellation requests must be made in writing to info@peaksaunaice.au and are effective upon written confirmation of receipt from Peak.
11. Title and Security Interest
11.1 Title to the goods remains with Peak until full payment has been received.
11.2 The Customer consents to Peak registering a security interest under the Personal Property Securities Act 2009 (Cth) (PPSA) for the purpose of protecting its interest in the goods.
12. Returns, Delivery Damage and Defect Reporting
12.1 The Customer must inspect all goods promptly on delivery or, for installed products, at completion of installation. For shipped or depot-collected orders, the Customer must inspect the outer packaging and visible parts of the goods at the time of delivery or collection. Any visible damage, defect or missing components should be raised immediately with the delivery driver, depot staff or installer before they leave site.
12.2 Where practicable, any damage observed on delivery should also be recorded on the carrier’s delivery note or digital proof-of-delivery device and supported with clear photos.
12.3 If any damage, defect or missing components are identified after delivery or installation, the Customer must notify Peak in writing within 48 hours of delivery or completion. Notifications should be sent to info@peaksaunaice.au and include photos and a brief description of the issue.
12.4 Peak will coordinate with its freight partners or suppliers to assess responsibility for the damage or defect and will remedy the issue in accordance with the Australian Consumer Law and the warranty provisions in clause 9.
12.5 For installed products, inspection and any required rectification will occur on site where practical, or remotely (via video and photos) where on-site service is not practical. For smaller or portable items, Peak may request return of the product for assessment.
12.6 Peak is not liable for damage occurring after delivery or installation due to improper handling, storage or use by the Customer or any third party.
13. Taxes and Additional Fees
13.1 All prices quoted for Signature range products are inclusive of GST unless stated otherwise. This applies to residential Customers and to Commercial Customers purchasing a standard Signature range product. Prices quoted to Commercial Customers under clause 18 may be exclusive of GST, in which case the quote will state this and GST will be shown as a separate amount. Custom saunas constructed on site are quoted under the separate terms referred to in clause 8.7, and the GST position for those works is stated on the quote.
13.2 Where prices are quoted exclusive of GST, GST will be added to invoices as required by law. Any applicable import duties, levies or charges will also be added where these apply.
14. Confidentiality
14.1 All pricing, product information, designs, specifications and other commercial details provided by Peak in connection with this quote are confidential and must not be disclosed, reproduced, or shared with any third party without Peak’s prior written consent, except where disclosure is required by law.
14.2 The Customer must take reasonable steps to protect Peak’s confidential information from unauthorised use or disclosure and must ensure that any employees, contractors or agents who access such information are bound by equivalent confidentiality obligations.
14.3 This obligation of confidentiality continues after completion or termination of the order.
14.4 Nothing in this clause limits the Customer’s rights or obligations under applicable privacy or consumer protection laws.
14.5 Personal information collected in connection with this quote, order or installation is handled in accordance with Peak’s Privacy Policy, available on the Peak Sauna Ice website.
15. Force Majeure
15.1 Peak will not be liable for delays or inability to deliver due to causes beyond its reasonable control, including supplier delays, port congestion, adverse weather, pandemics, natural disasters, customs hold-ups or transport disruptions. Any such delays do not constitute a breach of contract or grounds for claim.
15.2 Peak will communicate any such delays and revised delivery expectations as soon as practicable.
16. Dispute Resolution
16.1 The parties will first attempt to resolve disputes through good-faith discussions.
16.2 If unresolved within 30 days, the dispute may be referred to mediation in Victoria before any legal proceedings commence.
16.3 These Terms are governed by the laws of the State of Victoria, Australia.
17. Photographs and Marketing Use
17.1 From time to time Peak may take photographs or short videos of completed installations for use on our website, social media or other marketing materials.
17.2 Peak will not photograph, publish or otherwise use images of any installation without the Customer’s prior consent. Consent will be sought at or before install and may be given, declined or limited (for example, exterior shots only).
17.3 Where consent is given, Peak takes care never to publish information that could identify the Customer or their address, including signage, vehicles, neighbouring properties or geotagged metadata.
17.4 The Customer may withdraw consent at any time by emailing info@peaksaunaice.au. Peak will remove the relevant content from channels under our control as soon as reasonably practicable, although content already shared by third parties may not be retrievable.
18. Commercial Installations
18.1 Definitions
"Commercial Use" means installation or operation of a sauna, ice bath or chiller in any setting that is not a private residence for the sole use of the household. This includes gyms, health clubs, bathhouses, wellness studios, hotels, short-stay accommodation, clinics, workplaces, and any location where the product is accessed by members of the public, clients, guests or staff, whether or not a fee is charged. "Commercial Customer" means a Customer who purchases a product for Commercial Use.
18.2 Application
Where a product is supplied for Commercial Use, these Terms apply as amended by this clause. Where this clause conflicts with another clause, this clause prevails for Commercial Customers.
18.3 Equipment and specification
Commercial Use places the product under a heavier duty cycle than residential use. Peak will specify commercial-grade equipment, including a commercial-grade heater and controls, suitable for the expected hours of operation. The Commercial Customer must not substitute residentially specified equipment for commercial operation.
18.4 Commercial warranty
Peak warrants commercial products against defects in materials and workmanship for the periods set out in Table 2 below, from completion, subject to clause 9.4 and this clause. The residential warranty periods in Table 1 do not apply.
Table 2, commercial warranty coverage
|
Item |
Warranty period |
|
Sauna cabin (structure, timber, panels, doors) |
2 years |
|
Ice bath (tub) |
2 years |
|
Harvia heater and control unit |
As per Harvia’s commercial warranty (currently 2 years on the heater and control unit, 6 months on the heating elements) |
|
Chiller |
1 year |
|
UV filtration system |
1 year |
|
Accessories |
6 months |
Commercial warranty is conditional on installation and electrical connection by a licensed electrician in accordance with the manufacturer’s manual, adequate ventilation being maintained, and the Commercial Customer following Peak’s commercial care and maintenance schedule, including more frequent servicing, oiling and inspection reflecting the heavier duty cycle. Warranty does not cover wear attributable to usage beyond the specified duty cycle, timber discolouration or damage from inadequate ventilation, or use by third parties contrary to Peak’s operating and care guidance. Where a product is supplied for commercial use, the Harvia heater must be specified and operated as commercial from the outset. Running a residentially specified unit in a commercial setting voids manufacturer cover.
18.5 Operator responsibilities
The Commercial Customer is solely responsible, as operator, for the safe operation of the product on its premises, including: supervising and instructing users on safe use, session limits and heat exposure; displaying appropriate safety signage and health warnings; hygiene, cleaning and water management for ice baths and chillers; and compliance with all workplace health and safety and public health obligations applying to its premises.
18.6 Compliance, permits and approvals
Obtaining and paying for all permits, certifications, building and plumbing approvals, council and health approvals, and any accessibility or disability-access compliance required to install and operate the product in a commercial setting is the responsibility of the Commercial Customer. Peak will provide product specifications to assist but does not warrant that a product meets any particular regulatory standard for a given commercial site unless expressly agreed in writing.
18.7 Insurance
The Commercial Customer must hold and maintain current public liability insurance of not less than $20 million for the operation of the product on its premises, and must provide a certificate of currency on request. Peak is not liable for any injury, loss or damage suffered by the Commercial Customer’s staff, clients, guests or any third party arising from operation or use of the product after handover.
18.8 Third-party users
Peak’s obligations under these Terms are owed to the Commercial Customer only. Peak owes no duty and accepts no liability to the Commercial Customer’s staff, members, guests or other users of the product.
18.9 Multi-unit and project works
For multi-unit, fit-out or contractor engagements, payment, milestones and scope may be governed by a separate works contract or schedule agreed in writing. Where a separate contract applies, its payment terms prevail over clause 3.
18.10 Liability
To the extent permitted by law, and without limiting clause 9.6, Peak’s total liability to a Commercial Customer for any claim is limited to the amount paid for the goods or services giving rise to the claim.
18.11 Australian Consumer Law
18.11.1 Nothing in this clause or in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred by the Australian Consumer Law that cannot lawfully be excluded, restricted or modified.
18.11.2 The Commercial Customer acknowledges that consumer guarantees under the Australian Consumer Law may apply to a purchase made for business purposes, including where the goods or services are priced at less than $100,000 including GST, or are of a kind ordinarily acquired for personal, domestic or household use or consumption.
18.11.3 Where a consumer guarantee applies and Peak is entitled at law to limit its liability for a failure to comply with that guarantee, Peak’s liability is limited, at Peak’s election, to the repair or replacement of the goods, the supply of equivalent goods, the payment of the cost of replacing the goods or acquiring equivalent goods, or in the case of services, the resupply of the services or payment of the cost of having the services supplied again.
18.11.4 Clauses 18.8 and 18.10 apply only to the extent permitted by law and are read subject to this clause 18.11.
19. Contact Information
19.1 For all general, warranty, or service enquiries:
Email: info@peaksaunaice.au
Phone: 0485 017 325
Legal entity: Peak Sauna & Ice Pty Ltd
ABN: 29 135 289 983
Address: Home Innovations, Frankston Power Centre, 111 Cranbourne Road, Frankston VIC 3199
Terms and Conditions (Effective Date: 08.09.2026)