Found Space Trading Pty Ltd – Ice Bath Warranty Terms

5 Year Warranty on Steel Tub, Timber Components and Chiller Unit.

1 Year Warranty on Insulated Tub Cover.

1. Interpretation 

• In these Terms: 
  •  
  • ‘Assembly and Installation Instructions’ mean those instructions accompanying the Product as supplied to the Buyer by the Seller;
  • ‘Buyer’, ‘you’ or ‘your’ means the purchaser of the Product;
  • ‘Components’ means the components described at Item 4 of the Schedule;
  • ‘Excluded Items’ means the items listed at Item 5 of the Schedule;
  • ‘Product’ means the product described at Item 3 of the Schedule;
  • ‘Seller’ means the party described at Item 1 of the Schedule, which is the seller of the Product;
  • ‘Terms’ means this document setting out the warranty terms given by the Seller.
  • ‘Warranty’ means the warranty provided under clause 2 of these Terms subject to the terms and conditions expressed in these Terms..

2. Terms of Warranty 

• Unless expressed otherwise in these Terms or required otherwise under applicable laws, the Seller warrants: 
  • that all materials used in the Product comply with the Seller’s published specifications;
  • the Product against malfunction or defects in materials and workmanship; and
  • that it will replace or repair any defective Components without charge to the Buyer;
  • during the applicable periods listed at Item 2 of the Schedule and subject to the other terms and conditions of these Terms.
• To the extent allowed under applicable laws, the Seller reserves its right to substitute in place of any defective Component(s) another item of equivalent value, either new or factory reconditioned, provided it is suitable for its designated purpose. Title in any Component that is replaced will transfer from the Buyer to the Seller once that Component is replaced.

3. Extent of Warranty 

• To the extent allowed under applicable laws, this Warranty: 

• • only applies to the original Buyer of the Product;  
  • is not assignable; and 
  • will terminate upon: 
    • any transfer of ownership of the Product to a third party; or
    • any relocation (in any form whatsoever) of the Product after its initial installation, except where such relocation is carried out by an authorised representative of the Seller or otherwise authorised by the Seller in writing. For avoidance of doubt, unless otherwise agreed in writing by the Seller, this Warranty does not cover any damage, defect or loss arising out of a relocation of the Product performed by any person other than the Seller’s authorised representative (whether or not such relocation was authorised by the Seller).

4. Warranty Claims 

• To make a claim under this Warranty, the Buyer must give the Seller notice of the claim promptly following the Buyer becoming aware of the defect giving rise to the claim along with the Buyer’s best method of contact and contact details via: 
  • the Seller’s website at 

    https://foundspace.com.au/pages/service-ticket; 

  • the Seller’s phone number (as listed at Item 1 of the Schedule); or  
  • the Seller’s address (as listed at Item 1 of the Schedule); or  
  • the Seller’s email address (as listed at Item 1 of the Schedule). 

• Within ten (10) days of receipt by the Seller of notice of a claim in accordance with clause 4(a), the Seller will contact the Buyer in relation to that claim. The Seller reserves the right to inspect and if capable, rectify the malfunction or defect on location at the Buyer’s premises.

5. Voidance of Warranty 

• The Warranty will be voided if damage is caused to the Product, or the Product becomes defective or otherwise malfunctions, as a result of: 
  • the Buyer not assembling, installing, calibrating and/ or operating the Product in accordance with the Assembly and Installation Instructions;
  • any modifications of the Product by the Buyer, which were not authorised in writing by the Seller;
  • any misuse of the Product by the Buyer;
  • the use of any parts not authorised by the Seller in the Product;
  • the relocation of the Product by any person other than certified installers authorised by the Seller unless otherwise authorised by the Seller in writing;
  • except to the extent you are exercising a right under applicable laws, repairs being carried out on the Product at the direction of the Buyer by an unlicensed or unqualified repairer;
  • poor, inadequate or improper maintenance of Product by the Buyer;
  • the Buyer connecting the Product to an incorrect or insufficient electrical connection; or
  • rodents, pests or natural disasters.
  • improper ventilation of the space around the chiller unit
  • Damage due to frozen water in chiller and failure to drain the chiller unit of water before the ambient temperature reaches 0 degrees Celsius.

6. Force Majeure 

The Seller is not liable for damage caused to the Product or the Components or loss resulting directly or indirectly from acts of God, civil or military authorities, acts of public enemy, war, accidents, fires, explosions, earthquakes, floods, the elements, strikes, labour disputes, shortage of suitable parts or materials, labour or transportation or any other cause beyond the reasonable control of Seller.

7. Costs 

To the extent allowed under applicable laws: 

• • (Removal, transportation and re-installation costs) the Seller will pay for all costs incurred in removing, transporting and forwarding the defective Component(s) for repair under the terms of this Warranty, together with the cost of returning such Component(s) to the Buyer and re-installing such Component(s);
  • (Service call costs) if requested by the Seller, the Buyer agrees to pay the Seller a service call fee of $250AUD (if the Buyer is located in Australia) or $275NZD (if the Buyer is located in New Zealand) or such other amount as determined and advised by the Seller from time to time; and
  • (Costs after 12 months of purchase) despite any other provision in these Terms, in order to make a claim made under this Warranty after the first twelve (12) months of the purchase of the Product, the Buyer must pay the Seller a service call fee of $250AUD (if the Buyer is located in Australia) or $275NZD (if the Buyer is located in New Zealand) or such other amount as determined and advised by the Seller from time to time.

8. Excluded Items 

To the extent allowed under applicable laws, this Warranty does apply to the Excluded Items unless otherwise agreed in writing by the Seller.

9. Legislation  

• To the fullest extent permitted by law, if you have acquired the Product in New Zealand for business purposes your rights are subject to these Terms, and the Consumer Guarantees Act 1993 (New Zealand) does not apply.
• Our Products come with guarantees that cannot be excluded under the Australian Consumer Law if you have acquired them in Australia, or the New Zealand Consumer Law if you have acquired them in New Zealand. 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 Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure.
• Nothing in these Terms 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 provided by (where applicable) the Competition and Consumer Act 2010 (Cth), the Consumer Guarantees Act 1993 or any other applicable laws, to the extent that they cannot be excluded, restricted or modified.

10. Disclaimer 

• Except as expressed herein or as required by law, there shall be no other warranty or obligations expressed or implied in relation to any Product(s) supplied by the Seller.
• To the extent allowed under applicable laws, the Seller is not liable for any physical or financial injury, loss or damage or for consequential loss or damage of any kind arising out of the supply, layout, assembly, installation, re-installation or operation of the Product, or arising out of the Buyer’s negligence in any way whatsoever.
• To the extent allowed under applicable laws, the Seller excludes all warranties, liability or duty implied by (where applicable) the Goods Act 1958 (Vic), Part 3 of the Contract and Commercial Law Act 2017 (New Zealand), or any other applicable laws and the Seller’s liability for a breach of a condition or warranty under any other applicable laws is limited to the:
• • replacement of the Product or Component or the supply of an equivalent Product or Component;
  • repair of the Product;
  • payment of the cost of replacing the Product or Component or of acquiring an equivalent Product or Component;
  • payment of the cost of having the Product repaired.
• The Seller does not warrant that the Product is suitable for the Buyer’s individual medical and/ or health condition(s). The Buyer should consult a medical practitioner for specific medical advice.