Limitation of Liability and Warranties:

(a) The Competition and Consumer Act 2010 (Cth) may imply certain conditions and warranties into these Trading Terms that cannot be excluded or modified. These Trading Terms do not exclude or modify any of those conditions if to do so would contravene that law or make any part of these Trading Terms void.

(b) Where our products are used in a Commercial environment, Subject to the provisions of this clause 13, We will repair or replace any Goods which are manufactured or imported by Us where We, in Our absolute discretion, determine that such Goods, having regard to the materials, workmanship and the reasonable and recommended conditions of use and maintenance, are defective within the period of Warranty (as specified below):

All products within 13 months (Parts & Labour), from the date of delivery to the original Purchaser with the exception of the following:

Acqualine Tapware – Five Year on-site warranty
Asahi Rice Cookers – Back to Base 13 months parts and 13 months labour warranty.
Atlas Shelving – 10 year warranty against rust and corrosion (components only).
Bonn Ovens / Microwaves:
Bonn Models CM-1042T, CM-1051T – Back to Base 24 months parts and 13 months labour warranty.
Bonn Models CM-902T – Back to Base 13 months parts and 13 months labour warranty.
Bonn Models CM-1901T and CM-1401T – On Site 24 months parts and 13 months labour.
Dynamic Mixers – All Back to Base 24 months parts and 24 months labour warranty
except: GIGAMIX – on-site 24 months parts and 24 months labour warranty.
Edlund – All models except Crown Punch machines.
ROTOR – all Back to Base 13 months parts and 13 months labour warranty. 2 year Motor only warranty on Juice extractors, 5 year Motor only warranty on blenders. General Microwaves – Back to Base 13 months parts and 13 months labour warranty.
Hatco – Back to Base Warranty models: GR-FFB, GMFFL, TPT-230-4-10, RCTHW-1E.
Rowlett Rutland – Back to Base Warranty models: Premier Toasters.
Vito – Back to Base Warranty models: ALL
Yellow Induction – Back to Base Warranty models: All  Countertop. Subject to the following conditions:

(i) this warranty will cover parts and labour unless specified otherwise, subject to the following limitations:
(A) damage to cutting blades, toaster elements, light globes, infrared tubes, quartz tubes or any glass items;
(B) where FSM is not responsible for installation – damage caused by improper installation or improper connection to incorrect gas, voltage, incorrect pressure or poor quality water;
(C) damage caused during transit or by accident;
(D) damage caused by negligence, abuse, unauthorised repair or the use of unauthorised spare parts;
(E) damage caused by improper cleaning, maintenance or operation;
(F) damage caused by voltage or gas conversion, pilot light adjustments,
thermostat calibrations or any unauthorized alteration or modification;
(G) FSM’s liability under this warranty is limited to the repair or replacement of defective Goods and all other costs (including, without limitation, any travel costs, labour costs, overtime rates, installation costs, freight and delivery costs to and from FSM premises to the premises of an authorised repairer, or similar surcharges, fees and costs arising out of a warranty claim are excluded;
(ii) all warranty repair work will be performed between the hours of 8.30 am and 4.30 pm on normal working days;
On site warranty services are limited to sites within 50km from the nearest FSM authorised service agent.
With respect to “Back to Base” warranties, FSM can sell or dispose of any goods:
(i) Not collected by customer or
(ii) Where customer refuses to accept delivery of those goods within 60 days of FSM notifying customer goods are available for collection and/or delivery.
(iii) the warranty period in respect of any spare parts or replacement parts provided under this warranty is limited to 3 months from the delivery of such spare parts or the installation of such replacement parts;
(iv) where the payment terms under these Trading Terms have not been complied with, warranty claims will not be accepted in respect of such Goods;
(v) Risk in any Goods shall remain with You while such Goods are in Our possession for the purposes of assessing a warranty claim and FSM, its servants and agents will not be responsible for any damage caused to the Goods while in Our possession.
(vi) To obtain the benefit of this warranty, You must notify Us in writing immediately upon becoming aware of the alleged defect and in any event within 13 months (or other period as stipulated under item 13) of delivery of the Goods to You (3 months from the delivery of any spare parts or the installation of replacement parts under this warranty).
To the extent that any Goods are not covered under the warranty described in this clause 13(b) but are subject to the original manufacturer’s or the original supplier’s warranty, FSM will pass on the benefit of such warranty to the extent permitted by law.
(c) Subject to (a) and (b) of this clause 13 and without limiting the terms of any written warranty given separately by Us, all warranties and conditions that may be implied into these Trading Terms are excluded and Our liability for breach of any implied condition or warranty that cannot be excluded is limited (at Our option) to:
(i) in respect of Goods: the repair or replacement of those Goods or reimbursement of the cost of having those Goods repaired or replaced or refunding to You any payments made in respect of the Goods; and
(ii) in respect of Services: the re-supply of the Services or reimbursement of the cost of supplying the Services again or refunding to You any payments made in respect of the Services.
(d) Despite any other provision of these Trading Terms, to the extent permitted by law,
We have no liability to You nor will You be entitled to claim against Us in respect of:
(i) any loss or damage caused by delay in delivery of the Goods or supply of the Services;
(ii) any death or injury arising out of or in connection with the supply of the Goods and/or Services or otherwise at law or in equity;
(iii) any consequential loss or damage (including, but not limited to, loss of profit, loss of revenue, loss of expected savings and opportunity costs) arising out of or in connection with the supply of the Goods and/or Services or otherwise at law or in equity; and
(iv) (if applicable) any loss or damage to Your property or any premises occupied by You arising out of or in connection with Our reasonable installation of the Goods and it is Your responsibility to provide adequate facilities to Us during such installation and to arrange the removal of all waste and hazardous material in connection with the installation process.
(e) You acknowledge that You have not relied on any representation made by Us which is not expressly stated in these Trading Terms.
(f) You acknowledge that You must ensure that the Goods are used and installed (if applicable) in a prudent and professional manner and in accordance with any specifications or instructions which were supplied with the Goods. You indemnify
Us against all loss, liability, cost (including legal costs on a full indemnity basis) and expense incurred by Us as a result of any claim made or action brought in connection with the Goods or their use, other than a claim or action brought by You under these Trading Terms or a condition or warranty implied by law which is not excluded by these Trading Terms.
(g) You acknowledge that the exclusions and limitations in this clause are customary for suppliers of goods and services equivalent to the Goods and Services and are fair and reasonable given the nature of the Goods and Services and the applicable Prices.
(h) This clause shall survive termination of these Trading Terms