Time to Complete lesson: 20 mins

PWSA (Franchisor) will seek to work with PWS Franchisees to amicably work through complaints or to overcome any issues or disputes that may arise.

In addition, there is the possibility that you have an issue with product and equipment.

Through the following section, we provide you with the PWS guidelines for complaints, disputes, product returns and warranty claims.

2.8.1 Complaints / Disputes

The first port of call with a customer complaint is with the Franchisee. It is your responsibility to establish what the issue may be, and to provide a solution. In majority of cases, a solution is easily provided by the Franchisee and won’t require further action.

Example problems include:

Leaking water filter system or fitting
Problem with water; taste, smell, discolouration
UV Ballast / Lamp Failure
Water Tank not cleaned correctly
Unsatisfactory Service or Call response time

Each of the above example issues, whilst rare, is where the Franchisee is more than capable of resolving amicably with the customer. And in many scenarios, can build a stronger relationship that can lead to repeat business and referrals.

Complaints can sometime be unavoidable, however if found in this situation, the below Complaint Protocol should be followed to avoid unnecessary argument and dissatisfaction and to seek to quickly resolve the issue in the most appropriate and prompt manner.

2.8.2 Complaints Directly from a Customer

Step 1. The Franchisee should talk directly with the customer regarding the specific issue/complaint. If the complaint is received via the phone and the issue cannot be resolved via the phone, the franchisee should make an appropriate meeting time with the customers and to work towards a solution to diffuse or overcome the complaint ASAP.

Step 2. If this meeting does not provide a satisfactory resolution the customer should be requested to write a formal letter to you (the franchisee) specifically detailing the following items

The nature of the dispute; and
What outcome the complainant wants; and
What action the complainant thinks will settle the dispute.

Step 3. The parties should then try to work through the issues and the best way to resolve the dispute.

Step 4. The franchisee should also advise PSWA head office (via email) of the customer dispute, and request further advice if required.

2.8.3 Complaints from another Franchisee's customer (or a handover customer)

Step 1. The customer should be advised to contact the Franchisee the dispute is with specifically, so that the customer can talk directly to the relevant franchisee regarding the issue/complaint. (You should request the customer also keep you updated as to the progress, so you are aware of the outcome etc).

Step 2. If this does not provide a satisfactory resolution the customer should be requested to formally write a letter to the franchisee the dispute is with, specifically detailing the following items

The nature of the dispute; and
What outcome the complainant wants; and
What action the complainant thinks will settle the dispute.

Step 3. The parties should then try to work through the issues and the best way to resolve the dispute.

Step 4. The franchisee should also advise PSWA head office (via email) of the customer dispute, and request CR further advice if required.

2.8.4 Complaints via PWSA Head Office from an existing customer

Step 1. The 1300 Call Centre or website email may take the relevant information/complaint from the customer and advise the customer that their specific Franchisee will contact them within the next 48 hours to assist them or may give the customer the franchisees direct number to contact.

Step 2. The Franchisee will call the customer directly to discuss with them the issue/complaint. If the issue cannot be resolved via the phone, the franchisee should make an appropriate meeting time with the customers and to work towards a solution to diffuse or overcome the complaint/situation.

Step 3. If this does not provide a resolution the customer should be requested to write a formal letter to the franchisee answering the following questions

The nature of the dispute; and
What outcome the complainant wants; and
What action the complainant thinks will settle the dispute.

Step 4. The parties should then try to work through the issues and the best way to resolve the dispute.

Step 5. The franchisee should also advise PWSA head office (via email) of the customer dispute, and request PWSA further advice if required.

NOTE: If damage is evident do not admit responsibility or liability, explore all possible scenarios that may have contributed to any damaged caused.

2.8.5 Complaint by PWS Franchisee to Franchisor (PWSA)

Complaints may initially start out as something relatively small, but if not addressed appropriately may fester into something greater – The below steps have been detailed to assist you should a complaint / dispute arise.

Step 1. The Franchisor will seek to talk (via phone) directly with the franchisee regarding the specific issue/complaint to seek an amicable solution.

Step 2. If these discussions via phone fail to resolve the complaint, the franchisor will seek to make an appropriate meeting time with the franchisee and to seek to work towards a solution to diffuse or overcome the complaint.

Step 3. If this meeting does not provide a satisfactory resolution the franchisee should be requested to write a formal letter to you (the franchisor) specifically detailing the following items:

The nature of the dispute; and
What outcome the complainant wants; and
What action the complainant thinks will settle the dispute.

Step 4. The parties should then try to work through the issues and the best way to resolve the dispute.

2.8.6 Mediation - Dispute Resolution

Should the above 4-Step process fail to resolve the franchisee complaint / dispute then in accordance with the terms of the PWS Franchise Agreement, the dispute resolution provisions in the Franchise Code of Conduct will apply to this agreement.

Refer to: The Franchise Code of Conduct, Schedule Part 4 Resolving disputes.

Item 30 Mediation under the code.

Item 31. Conditions:

This Part does not affect the right of a party to a franchise agreement to take legal proceedings under the franchise agreement.
The parties are equally liable for the costs of mediation under this Part unless they agree otherwise.
The parties must pay for their own costs of attending the mediation.

2.8.7 Product Return Policy

As a Franchisee, you may have rights under the Australian Consumer Law. Insofar as you have such rights, our products 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 for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have defective equipment or products repaired (“Product(s)”) or replaced if they fail to be of acceptable quality and the failure does not amount to a major failure.

In addition, PWS notes that:

If the defect is due to any act or negligence by the Franchisee or any customer or client of the Franchisee (“you or Franchisee”) then the Franchisee may not return the defective Product(s). We are unable to allow a return or exchange where the Franchisee has simply changed their mind.
If the defective Product(s) are obtained from an Approved Supplier not being PWS, we will offer reasonable assistance to you to obtain a refund for the defective Product(s).
Where a failure does not amount to a major failure, PWS is entitled to choose between providing you with a repair, replacement or refund.
If you suffer losses as a result of our failure to comply with a guarantee, you may be able to recover those losses from us.

We are not obliged under the Australian Consumer Law to give you a refund, replacement or arrange for a manufacturer's repair in all circumstances - the Australian Consumer Law provides for some exceptions.

For example, your use of Product(s) can affect their durability and the guarantee of acceptable quality will not apply if you:

Use the Product(s) abnormally;
Cause the quality of the Product(s) to become unacceptable;
Fail to take reasonable steps to avoid the quality becoming unacceptable.

Defective Product(s) must be delivered at your own risk via post or in person (during business hours) to our head office address for assessment. Any costs incurred in bringing the defective Product(s) to the Franchisor will be borne by the Franchisee.

If your Product(s) cannot be returned, removed or transported without significant cost to you because of the nature of the failure or the size, height or method of attachment of the Product(s), please contact us and we will arrange for the Product(s) to be assessed.

If the Product(s) have suffered a major failure (as defined in the Australian Consumer Law) and you wish to reject the Product(s) and obtain a refund or replacement, we may collect the Product(s) at our expense.

We may need to send your Product(s) to the manufacturer for an assessment of any repair work required to be done and/or the nature of the Product(s)’ problem.

If the Product(s) are assessed as failing to meet one of the consumer guarantees under the Australian Consumer Law (e.g. it is defective or faulty), repair work will not be at your cost.

Depending on whether the defect or fault is assessed as either major or minor in nature then you may either get the Product(s) repaired or be entitled to a refund or replacement.

Where Product(s) suffer a failure that would not amount to a breach of one of the consumer guarantees under the Australian Consumer Law, PWS may be able to carry out the service and repair, otherwise, we can refer you to the manufacturer for repairs and service, each at your own cost.

In some circumstances, Product(s) presented for repair may be replaced by refurbished goods of the same type rather than being repaired. Refurbished parts may be used to repair the Product(s).

As you will appreciate, it can sometimes take several weeks to assess Product(s), undertake repair works and return Product(s).

2.8.8 Franchisee Warranty Claim Procedure

Following is the process for a Warranty Claim. We recommend contacting the Head Office if ever you need to submit a Warranty Claim Form. These forms can be emailed directly to you, or you can access them directly through your Online Administration portal.

For an example Warranty Claim Form, see Appendix 1.

The following steps outline the PWS Warrant Claim Procedure:

Step 1: PWS Franchisee is required to contact PWSA Head Office via phone or email to advise of suspected product failure and warranty claim request.

(Customers are required to deal directly with their specific franchisee for all service, product queries including warranty claim requests).

Step 2: PWSA will advise if the item is required to be returned to Head Office for inspection, testing & Warranty Claim Processing.

Step 3: Franchisee to complete PWSA Warranty Claim Form in full.

Step 4: Franchisee to return faulty goods (if requested) along with completed Warranty Claim Form (or via email, fax) directly to PWSA Head Office.

Step 5: PWSA will process the Franchisee Warranty Claim, test the faulty goods (return goods to supplier/manufacturer as instructed) and formally advise Franchisee of outcome (approval/decline) within 30 days.

Example of Warranty period for PWSA Products/Goods:

Item: Period of Warranty:

UV Quartz 12 months

UV Ballast 12 months or 24 months (depending on product)

Filter Housings 12 months

UV Lamp 12 months

Warranty is payable on a pro-rata service life basis only. Eg; If lamp life was 6mths then a replacement lamp will be provided for 50% off the cost of a replacement lamp.

All customer complaints are required to be addressed between the relevant franchisee and their customer(s) specifically. As you are aware PWSA provides services to its franchisees, and at any stage we are happy to assist franchisees with recommendations, suggestions and possible solutions should franchisees receive complaints from their customers BUT PWSA does not provide services or remedies directly to franchisee’s individual customers.

At no step in the above processes is a customer to be requested or advised to contact PWSA Head Office as a temporary or quick fix to resolve the situation.

2.8.9 Franchisee Warranty Terms and Conditions

Following are the Terms and Conditions in which the Franchisor provides warranty to products supplied to Franchisees:

‘PWSA’ means Pristine Water Systems Franchising Pty Ltd CAN 111 071 633
‘WCF’ means Warranty Claim Form.
‘Franchisee’ means PWS Franchisee, the purchaser of the product specified in WCF.
‘Customer’ means the PWS Franchisee’s Customer Specified in WCF.
‘Products’ means the goods or products specified in WCF.
Nothing in these conditions shall be read or applied so as to exclude, restrict, modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee right or remedy implied by law (including the Trades Practices Act) and which by law cannot be excluded, restricted or modified.
The return or Warranty Claim Item: PWSA shall not be under any obligation to accept goods returned by a Franchisee or Customer. Prior approval MUST be obtained before any goods will be accepted for return. A handling charge may be applicable.
Warranty claims: are subject to our standard terms and conditions.
Freight and handling costs/expenditure are the responsibility of the Franchisee.
Our PWSA warranty covers products that fail as a result of defective materials or poor manufacturers workmanship only.
The Warranty period commences from the time of original purchase by customer.
PWSA makes no representation and gives no warranty whatsoever in respect of any products sold or supplied by it and
1. All conditions and warranties whatsoever whether statutory or otherwise are hereby excluded insofar as the same may be lawfully by agreement between the parties to contract, and
2. PWSA shall not be liable in respect of any claim of any nature for any injury, loss or damage to any person or property caused by or arising out of the user of the product except insofar as the same may be imposed upon it or implied into the transaction by any statute, the provisions of which cannot be excluded by these terms and conditions of sales.
3. PWSA expressly disclaims responsibility for products supplied by it that:
  1. Are damaged by accident.
  2. Are damaged by normal operating conditions, war violence, cataclysm or other acts of God.
  3. Are damaged by equipment or being used for any application for which the product is not recommended.
  4. Suffer damage caused by water hammer, liquid pressure or improper voltage supply or insufficient water supply to enable the product to perform.
  5. Are incorrectly installed by Licenced Plumber, Customer or other.
4. In the case of any sale of a product made pursuant to these terms and conditions of sale being a sale to which the provisions of the Trades Practices Act, or any equivalent state legislation, the liability of PWSA as foresaid (other than any condition or warranty implied by the Trades Practices Act or any equivalent state legislation)is limited to the repair of the product of the replacement of the product or the payment of the costs of having the product repaired.
5. PWSA’s liability under the Trades Practices Act is expressly limited to a liability to pay the Franchisee an amount equal to
  1. The cost of replacing the product;
  2. The cost of obtaining an equivalent product, or
  3. The cost of having the product repaired, whichever is the lowest amount.
Applicable Law: Any agreement, contract or transaction shall be deemed to have been made in Queensland and shall be governed by the laws of Queensland. 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 for 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.

2.8 Complaints / Disputes / Product Returns / Warranty Claims

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1.0 Introduction

2.0 Franchise Service Fee

3.0 Franchisee Obligations

4.0 Franchisor - Franchisee Structure

5.0 Creating a Successful Franchise Business

6.0 Franchisee Support

Module 1 Appendix Items

Module 1 Quiz

1.0 Introduction

2.0 Administration

3.0 Franchise Inventory Lists

4.0 PODAC (Pristine Online Data Accounts & Clients)

5.0 ITF - In The Field APP

6.0 PWS Social Media Policy Guidelines

Module 2 - Appendix

Module 2 Quiz

1.0 Background of the Water Industry

2.0 Australian Drinking Water Guidelines (ADWG) Introduction

3.0 Common Water Borne Diseases

4.0 Chemicals and Substances found in Water

5.0 Pristine Water Systems Chemicals and Treatments

6.0 Water Testing/Analysis & Results

7.0 Industry Certifications

8.0 Safe Work Australia / Workplace Health & Safety / Occupational Health & Safety

9.0 Filtration & UV Products

10.0 Types of Tanks

11.0 Other PWS Products & Equipment

12.0 Glossary of Terms

Module 3 - Appendix

Module 3 Quiz

1.0 Introduction

2.0 The PWS Process

3.0 Planning your Work Schedule

4.0 Planning Product Ordering

5.0 Water Testing

6.0 AqueousPro™ 50 Water Sanitiser

7.0 Water Tank Cleaning

8.0 Filtration / Sterilisation Supply (Assembly)

9.0 Ongoing Service & Maintenance

10.0 PWS Standards

11.0 AqueousAir™ Assembly & Installation Instructions

Module 4 - Appendix

Module 4 Quiz

Module 5 Video Lessons

1.0 Introduction

2.0 Advertising & Marketing

3.0 Planning your Advertising & Marketing

4.0 Selling PWS / Selling Yourself

5.0 Assessments & Quoting

6.0 Invoicing

Module 5 Appendix

Module 5 Quiz

1.0 Introduction

2.0 Vehicle Maintenance

3.0 Equipment Maintenance

4.0 Process for Equipment Replacement / PWS Repair Request

Module 6 Quiz

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