Terms of Use

Ginkgo Australia Pty Ltd (ABN 22 682 637 565) ("Ginkgo", "we", "us" or "our") operates this website and supplies hot‑water systems, spare parts and related services in Australia. These Terms of Use ("Terms") govern your access to and use of this website and form the basis of any quote, order or supply arrangement with us, unless we agree otherwise in writing.

1. Acceptance of these Terms

By accessing this website, requesting a quote, placing an order, or otherwise dealing with us, you agree to be bound by these Terms and our Privacy Policy. If you do not agree with these Terms, please do not use the website or submit an enquiry. We may update these Terms from time to time (see Section 22); your continued use after an update constitutes acceptance of the revised Terms.

2. Who we are and how to contact us

3. Definitions

In these Terms:

• "Products" means the Ginkgo hot‑water systems we supply, including gas continuous‑flow units (models G22, G26, G30) and heat‑pump water heaters (models G270, G300, G330), together with spare parts and accessories.
• "Services" means supply, delivery, referral to accredited installers, warranty support and related assistance.
• "Website" means ginkgoaustralia.com.au and any sub‑pages.
• "You" means any visitor, customer, trade partner, merchant or other person dealing with us.

4. Use of this website

You agree to use the Website only for lawful purposes and in a way that does not infringe the rights of, or restrict or inhibit the use of the Website by, any other person. You must not:

• use the Website in any way that is fraudulent, misleading, or in breach of any applicable law;
• attempt to gain unauthorised access to our systems, servers or data, or interfere with the Website's operation;
• scrape, crawl, copy or republish substantial parts of the Website for commercial purposes without our written consent;
• upload or transmit any material that is viruses, malware, or otherwise harmful.

We provide the Website on an "as is" and "as available" basis. While we work to keep it accurate and available, we do not warrant that it will be uninterrupted, error‑free or free of viruses.

5. Intellectual property

Unless otherwise stated, all content on the Website — including text, graphics, logos, product imagery, videos, layouts and software — is owned by Ginkgo Australia or its licensors and is protected by Australian and international intellectual‑property laws. You may view and print content for your own personal, non‑commercial reference. You must not reproduce, republish, modify, distribute or exploit any content for commercial purposes without our prior written permission.

6. Product information, specifications and recommendations

We publish product specifications, capacity ratings, dimensions, energy ratings and sizing guidance to help you choose a suitable system. However:

• All specifications, dimensions and performance figures are indicative only and may change without notice as we improve our products. You should confirm current specifications from the relevant product page or by contacting us before purchase.
• Sizing recommendations (for example, suggested flow rates of 22, 26 or 30 litres/minute, or storage capacities of 270, 300 or 330 litres) are guides based on typical Australian households. The right system for your property depends on household size, simultaneous demand, incoming water temperature, gas or electrical supply, and local conditions. We recommend a licensed assessment before purchase.
• Energy‑efficiency and savings statements — including "save up to 75%" and COP ratings — are indicative, based on typical Australian conditions and comparisons against conventional electric storage systems. Actual performance depends on climate, usage patterns, installation quality and hot‑water demand, and is not guaranteed.
• Our Products are designed for supply and installation in Australia and are certified to applicable Australian Standards (see Section 11). They may not be suitable for, or compliant in, other markets.

7. Pricing, quotes and availability

• Published prices are Recommended Retail Prices (RRP) and are shown inclusive of GST, unless stated otherwise. Trade pricing is separate and is not published on this Website.
• Prices, promotions and stock availability may change without notice. We are not obliged to honour an incorrectly stated price where the error is obvious or material, and we will correct such errors as soon as practicable.
• Any free quote we provide is an estimate only, prepared from the information you give us. It is not a fixed‑price offer and is subject to a final on‑site inspection of access, existing plumbing, gas and electrical infrastructure, and compliance requirements. Quotes are valid for a limited period (generally 30 days) and may be withdrawn or revised after that.
• Nothing on the Website constitutes a binding offer to sell; an order is accepted only when we confirm it in writing.

8. Orders, payment and cancellation

We may accept or decline any order at our discretion. Payment terms (including any deposit) will be set out in your quote or order confirmation. Where a deposit is required, it secures your order and is applied to the final invoice. For consumer transactions, any entitlement to a refund arises under the ACL (see Section 10) and is not limited by this Section. For business transactions, we may charge reasonable fees for work already performed if an order is cancelled.

9. Installation, permits and compliance

• Where we arrange or refer an installer, that installer is an independent contractor responsible for its own work, licensing, insurance and certifications. We are not liable for the independent acts or omissions of any third‑party installer, merchant or contractor, except to the extent required by law.
• You are responsible for providing safe site access, accurate information about existing infrastructure, and any permits, consents or disconnections required before installation.
• We may be unable to complete supply or installation where site conditions, supply, or regulatory requirements make it unsafe or impracticable; in that case we will discuss alternatives with you.

10. Consumer guarantees, warranties and returns

• In addition to your ACL rights, our Products carry manufacturer warranties (for example, a 10‑year warranty on the heat exchanger of our gas units, and applicable warranty periods for our heat‑pump range). Manufacturer warranties are provided in addition to, and do not replace, your ACL rights.
• To make a warranty or ACL claim, contact us with proof of purchase and details of the issue. Warranty claims do not cover faults caused by incorrect installation, misuse, neglect, unauthorised modification, or normal wear and tear.
• For consumer transactions, change‑of‑mind returns are handled in line with the ACL; we are not required to accept return of goods simply because you changed your mind where the goods were specifically ordered or made to your specifications.

11. Certifications and standards

Our Products are certified and tested to applicable Australian requirements, including:

• WaterMark certification (WM‑060109, AS 3498) for relevant products;
• GasMark certification (GMK11048) for gas‑fired products;
• StandardsMark certification (SMK41550, AS/NZS 2712:2007) for solar and heat‑pump water heaters.

Certification numbers and validity periods are current to the best of our knowledge at the date shown above and may be updated; ask us to confirm the current status for a specific product.

12. Government incentives (STCs / rebates)

13. Limitation of liability

To the maximum extent permitted by law:

• we exclude liability for any loss that is indirect, incidental, special or consequential (including loss of profit, goodwill, or opportunity) arising from your use of the Website or the supply of Products or Services;
• where a liability cannot be excluded but can be limited, our liability is limited (at our election) to supplying the relevant Products or Services again, or paying the cost of having them supplied again, to the extent permitted for the type of dealings (consumer or business) involved;
• for business‑to‑business dealings, our aggregate liability under or in connection with these Terms is limited to the amount you paid us for the relevant Products or Services.

These limitations operate subject to Section 10 — they do not apply to any liability that cannot be excluded or limited under the ACL or other applicable law (including liability for death or personal injury caused by our negligence).

14. Indemnity

To the extent permitted by law, you agree to indemnify Ginkgo Australia against loss or liability arising from your breach of these Terms, your misuse of the Website or Products, your provision of inaccurate information, or your failure to engage licensed, compliant installation — except to the extent the loss is caused by our negligence or breach.

15. Third‑party links, merchants and installers

The Website may link to third‑party websites, merchants, installers or resources. Those parties are independent and we do not control, endorse or accept responsibility for their content, products, pricing or conduct. Any dealings you have with them are solely between you and that third party.

16. Marketing communications

We will only send you commercial electronic messages (email or SMS) where you have consented or where otherwise permitted under the Spam Act 2003 (Cth). Every marketing message includes a working unsubscribe mechanism, and we honour opt‑out requests promptly.

17. Privacy

Our handling of your personal information is governed by our Privacy Policy, which forms part of your dealings with us. By providing your information, you consent to its collection and use as described there.

18. Force majeure

We are not liable for any delay or failure to perform caused by events beyond our reasonable control, including natural disasters, supply‑chain disruptions, industrial action, utility outages, government action, or pandemic‑related restrictions.

19. Variation of these Terms

We may amend these Terms at any time by posting the updated version on this page with a new "Last updated" date. Material changes will be communicated where practicable. Your continued use of the Website or continued dealings with us after the change constitutes acceptance of the revised Terms.

20. Termination

We may suspend or terminate your access to the Website, or decline to proceed with an order, where you breach these Terms or where we reasonably consider it necessary to protect our business, other users, or comply with law.

21. Severability

If any part of these Terms is found to be invalid, unlawful or unenforceable, that part will be severed and the remaining Terms will continue in full force.

22. Entire agreement

These Terms, together with our Privacy Policy and any written quote or order confirmation, form the entire agreement between you and Ginkgo Australia regarding their subject matter and supersede any prior representations, unless expressly agreed in writing.

23. Governing law and disputes

These Terms are governed by the laws of South Australia and the Commonwealth of Australia, and you submit to the non‑exclusive jurisdiction of the courts of South Australia and the Federal Courts of Australia.

If you have a complaint, please contact us first (Section 2) so we can try to resolve it quickly and fairly. If the matter relates to a consumer transaction and cannot be resolved with us, you may also contact your state or territory consumer protection agency, the Australian Competition and Consumer Commission (ACCC), or pursue your rights through the appropriate tribunal or court. We encourage attempting informal resolution or mediation before commencing proceedings.