The following statement applies if the supply of products is a consumer sale as defined in the Australian Consumer Law. In this statement, ‘Our’ means ‘FOS Lighting Pty Ltd’, ‘You’ means the ‘Customer’ and ‘goods’ means products specified on in this Warranty Statement and supplied by FOS Lighting Pty Ltd:

 

Our goods come with warranties that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and or 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 account to a major failure.

 

Notwithstanding the above, and to the extent permissible at law, the liability of FOS Lighting Pty Ltd to the Customer in connection with the supply of product, including liability for defective goods, is limited to whichever of the following FOS Lighting Pty Ltd may elect, namely, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or acquiring equivalent goods, or the payment of the costs of having the goods repaired.

 

To the extent permitted by law, FOS Lighting Pty Ltd excludes all other liability, including liability in negligence. Without limitation, FOS Lighting Pty Ltd will not in any circumstances be liable for any consequential or special damages, losses or expenses.

 

The Customer acknowledges that it has not relied on the skill or judgement of FOS Lighting Pty Ltd, its employees or agents in determining whether the goods to be supplied are fit for any particular purpose or any design issues related to the use of the goods.

 

To the extent permitted by law, FOS Lighting Pty Ltd excludes all liability to the Customer in connection with the Customer’s use of the goods or the suitability of the goods for that use. This warranty will cease to apply if goods are subject to anything other than ordinary usage or are used in a manner that is not consistent with the manufacturers’ directions.

 

Before returning any defective goods, the Customer must contact FOS Lighting Pty Ltd and comply with the directions of FOS Lighting Pty Ltd in relation to the return procedure. FOS Lighting Pty Ltd is not liable for any costs associated with the removal or reinstallation of goods that are returned, replaced or repaired, including transport costs.

 

This warranty statement is to be read in conjunction with the FOS Lighting Pt Ltd terms and conditions of sale.