Terms and Conditions

1. Definitions

“Product” means any Plunge by Pratt ice-bath, chiller, accessories or spare parts you purchase.

“We/Us/Our” means Plunge by Pratt ABN 33 262 479 021.

“You/Your” means the purchaser and every user of the Product.

 

2. Payment, Title & Risk

 

2.1 Prices are in Australian dollars and payable in full at checkout.

2.2 Title to the Product passes only when we receive cleared payment in full.

2.3 Risk of loss or damage passes on delivery to the address you nominate (or when collected from our depot).

 

3. Delivery & Inspection

3.1 Delivery dates are estimates; delays caused by freight carriers are not grounds for cancellation.

3.2 You must inspect the Product within 48 hours of delivery and notify us in writing of any damage or shortfall. Failing notice, the Product is deemed accepted in good order.

 

4. Health Warning & Safety Obligations

 

4.1 Consult a medical professional before using cold-water immersion, particularly if pregnant or suffering cardiovascular, respiratory or neurological conditions.

4.2 Use the Product exactly as described in the Owner’s Manual.

4.3 Supervise all users under 18 years.

4.4 Comply with your State or Territory pool-barrier laws if water depth exceeds 300 mm.

4.5 Maintain water hygiene and inspect suction covers per the Manual.

 

5. Assumption of Risk

You acknowledge that cold-water immersion involves inherent risks (hypothermia, cardiac-arrest, drowning, slips, etc.) and voluntarily accept all such risks, whether known or unknown.

6. Release & Waiver – Competition & Consumer Act 2010 (Cth) s 139A

To the fullest extent permitted by law, you release and forever discharge Us, our directors, employees and agents from liability for death or personal injury suffered in connection with recreational use of the Product, however caused, including negligence.

Nothing in this clause excludes liability that cannot lawfully be excluded under the Australian Consumer Law (ACL).

7. Property-Damage Disclaimer

We are not liable for any damage to buildings, fixtures, flooring or furnishings arising from water spillage, leakage, condensation or incorrect installation of the Product.

8. Third-Party Accessories

Use of non-genuine chillers, pumps, chemicals or other aftermarket parts voids all warranties and releases Us from liability.

9. Maintenance & Inspection Obligation

You must inspect suction covers weekly, maintain sanitiser levels, and replace damaged parts immediately. Failure to follow these requirements voids the warranty and the liability exclusions in clauses 6, 7 and 13.

 

10. Returns / Change-of-Mind Policy

We do not provide change-of-mind refunds once the packaging is opened, except where required by the ACL.

 

11. Limited Warranty & Consumer Guarantees

 

11.1 We warrant the Product to be free from defects in materials and workmanship for 12 months from purchase.

11.2 Where a defect appears in that period we will, at our option, repair, replace or refund the Product.

11.3 This warranty is in addition to your non-excludable ACL rights.

11.4 Except as set out above, all other implied warranties are excluded so far as the law allows.

 

12. Indemnity

You agree to indemnify and hold Us harmless from any claim, demand or proceeding arising from:

• incorrect assembly, modification or misuse of the Product;
• failure to maintain required water-treatment or safety barriers;
• any statement or warranty you give to a third party that we have not expressly provided.

 

13. Limitation of Liability

To the extent permitted by law:

• We are not liable for indirect, special or consequential loss (including lost profits, business interruption or data loss); and
• Our total aggregate liability, whether in contract, tort (including negligence) or otherwise, is capped at the amount you paid for the Product.

14. Force Majeure

We are not liable for any delay or failure to perform caused by events beyond our reasonable control, including natural disasters, pandemic restrictions, supplier failures or transport disruptions.

15. Installation & Third-Party Services

If you engage a third-party installer or plumber, that contractor is solely responsible for compliance with plumbing codes, electrical safety and fencing requirements, and for any damage caused during installation.

16. Privacy & Marketing Consent

We collect and handle your personal information in accordance with our Privacy Policy (available at plungebypratt.com.au/privacy). By purchasing you consent to that collection and to receiving product-related emails, which you may unsubscribe from at any time.

17. Governing Law & Dispute Resolution

These Terms are governed by the laws of South Australia.

You agree to attempt good-faith negotiation of any dispute for 30 days before commencing proceedings in the courts of South Australia.

 

18. Severability & Entire Agreement

If any provision of these Terms is held invalid or unenforceable, that provision will be severed and the remaining provisions continue in full force. These Terms constitute the entire agreement between the parties and supersede all prior communications.