Fisher & Paykel Appliances, Inc. United States Online Terms and
Effective from August 2019.
THESE TERMS AND CONDITIONS OF SALE AND WEBSITE TERMS AND CONDITIONS OF USE
Conditions”) ARE ENTERED INTO BY AND BETWEEN YOU AND FISHER & PAYKEL APPLIANCES,
“we”, “us”, “our”). THIS PAGE CONTAINS VERY IMPORTANT INFORMATION ABOUT US AND
REGARDING YOUR RIGHTS
AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MAY APPLY
TO YOU. PLEASE READ
THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE
THAN JURY TRIALS OR CLASS ACTIONS.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS AND/OR SERVICES FROM THIS WEBSITE IF
YOU (A) DO NOT
AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (I) AT LEAST 18 YEARS OF AGE OR (II)
LEGAL AGE TO FORM
A BINDING CONTRACT WITH US, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS
WEBSITE OR ANY OF THIS
WEBSITE’S CONTENTS, PRODUCTS OR SERVICES BY APPLICABLE LAW.
THESE TERMS AND CONDITIONS GOVERN YOUR ACCESS AND USE OF OUR WEBSITE
FUNCTIONALITY, CONTENT, AND SERVICES OFFERED ON OR THROUGH OUR WEBSITE, WHETHER AS A
REGISTERED USER, AND APPLY TO THE PURCHASE AND SALE OF PRODUCTS AND SERVICES THROUGH
THIS WEBSITE. BY
USING OUR WEBSITE OR ORDERING PRODUCTS OR SERVICES, YOU WILL BE DEEMED TO HAVE
ACCEPTED THESE TERMS
AND CONDITIONS. IF YOU DO NOT WANT TO AGREE TO THESE TERMS AND CONDITIONS, YOU MUST
NOT USE OR ACCESS
We operate the Website https://www.fisherpaykel.com/us/. We
are Fisher &
Paykel Appliances, Inc., a company registered in California under entity number
C1903607 and with our
registered office and main trading address at 695 Town Center Drive, Suite #180,
CA92626-1902, United States of America.
If you would like to contact us for any reason, including because you have
please phone 1-888-936-7872 or email: firstname.lastname@example.org or email@example.com or
If we have to contact you we will do so by phone, email or prepaid post to
the address you
provide to us. If we have to give you notice in writing, we will do so by email or
pre-paid post as
TERMS AND CONDITIONS
Ordering Products and/or Services
Our shopping pages will guide you through the steps you need to take to
place an order with
us. Our order process allows you to check and amend any errors before submitting
your order to us.
Please take the time to read and check your order at each page of the order process.
When you place an order for a product and/or Service on our Website, you are
purchase that product and/or Service from us. After you place an order, you will
receive an email from
us acknowledging that we have received your order and notifying you if we have
accepted your order.
Acceptance of your order and formation of the contract of sale between us will not
take place unless
and until you have received the above mentioned confirmation email. At any time
after receipt of your
order, we may accept, decline, or place quantity or other limits on your order for
any reason and at
our sole discretion.
You will be taken to have placed your order when the electronic instruction
order from you enters and is recorded in our database and we receive payment in full
from you for that
We reserve the right to not accept any order from you including, without
stock is not available, there has been an error in the advertised price or
on our Website or if we believe (in our reasonable opinion) that the applicable
order has been placed
for commercial purposes, fraudulently or otherwise in breach of these Terms and
Conditions of Sale. If
we reject, limit, or otherwise modify your order, we will attempt to notify you
using the e-mail
address you provide to us.
We reserve the right not to accept any order notwithstanding that we had
charged you for the
order. In the event that payment has been made and your order is not accepted by us
we will refund the purchase price to you in full, subject to our Cancellation
and Returns Policy.
We only supply products and services for domestic and private use. You agree
not to use the
products or services for any commercial, business or resale purposes, and we have no
liability to you
for any loss of profit, loss of business, business interruption, or loss of business
We must supply products that are in conformity with these Terms and
Conditions of Sale and
any accepted order placed by you.
We will not be liable or responsible for delay in performing, or failure to
perform, any of
our obligations under these Terms and Conditions of Sale or any accepted order if
such delay or
failure results from events, circumstances or causes beyond our reasonable control.
circumstances our obligations will be suspended and we shall be entitled to a
reasonable extension of
the time for performing such obligations.
Price and Payment
Payment must be received by us in full prior to our acceptance of each
processing is contingent upon card approval and may be delayed should we experience
You own the products once we have received payment in full, including all
The prices of the products and services will be as quoted on our Website at
the time you
submit your order. All prices posted on this Website are subject to change without
Unless expressly stated otherwise, the price for a product and/or service
advertised on our
- Does not include installation, any accessories, replacement parts, extended
warranties or delivery
or handling charges;
- Is in United States Dollars; and
- Is exclusive of sales tax.
We currently accept the following cards:
- VISA credit;
- VISA debit;
- American Express;
- MasterCard credit;
- MasterCard debit;
- Diners credit; and
- Discover credit.
We may offer other payment alternatives from time to time. Each time you
submit credit or debit card or other payment information on this Website, you
- You are authorized to use the credit or debit card or other payment account;
- The information you supply to us is true, correct and complete;
- Charges incurred by you will be honored by your credit or debit card company or
system provider; and
- You will pay charges incurred by you at the current advertised prices, including
taxes, if any.
If an order appears fraudulent in any way, we reserve the right to cancel
the order and
notify the card holder and the proper authorities.
Telephone orders can be placed by calling 1-888-936-7872.
Replacement Parts and Installation
The most up to date edition of the applicable Product Use & Care Manual
consulted prior to, and strictly followed in the course of, installation of any
product. View and download
any of our Use & Care Manuals.
Only genuine replacement parts must be used in any product.
If notified by us (such as, in the applicable product Use & Care Manual)
replacement parts must be undertaken by an authorized Fisher & Paykel or other
qualified or registered technician. To locate an authorized Fisher & Paykel
1-888-936-7872 or to obtain further information Click
here. We do not
accept any liability whatsoever for any loss, costs or damage caused by using
replacement parts which
are not genuine replacement parts and/or replacement parts not being installed by an
& Paykel technician (where we have advised that an authorized Fisher &
Paykel technician is
required) or other appropriately qualified or registered technician.
Right to cancel
You have the right to cancel this contract within 14 days from the date you
place your order
with us without giving any reason in accordance with the policy set out below.
Products that are opened, used, damaged or do not have a receipt may be
denied a refund.
Returned products will not be accepted unless they are in brand new/original
condition with all
packaging, product literature and warranty cards in the exact condition as received.
must be sealed/unopened, with packaging in original condition and accompanied by a
To exercise the right to cancel, you must inform us of your decision to
cancel by Phone:
1-888-936-7872 or email: firstname.lastname@example.org
or fax: 1-800-547-1971. If you are emailing us or writing to us please include
details of your order
to help us identify it. We will provide you with further instructions on how to
return your product.
Effects of cancellation
If you cancel this contract, we will refund the purchase price. Shipping and
will not be refunded for a change of mind return.
We will make the reimbursement without undue delay.
We will make the reimbursement using the same means of payment as you used
for the initial
transaction. We may withhold reimbursement until we have received the products back.
Any small items such as spare parts must be sent back or hand delivered to
Fisher & Paykel Appliances, Inc., Fisher & Paykel 2100 Danieldale
Road, Suite 140,
Lancaster, Texas 75134 without undue delay and in any event not later
than 14 days from the
day on which you communicate your cancellation of this contract to us. The deadline
is met if you send
back the products before the period of 14 days has expired. You will have to bear
the direct cost and
risk of returning the item. We recommend you use a carrier that can provide you with
proof of delivery
for your protection.
We will collect large item returns such as
dishwashers or refrigerators) from the address to which they were delivered. We will
contact you to
arrange a suitable time for collection. We will bear the cost of returning such
Our liability in relation to spare parts under any implied warranties,
including the implied
warranty of merchantability (an unwritten warranty that the product is fit for
ordinary use) expires
ONE YEAR (or such longer period as required by applicable law) from the date of
purchase of any spare
part by the first consumer. Some states do not allow limitations on how long an
lasts, so this limit on implied warranties may not apply to you.
A limited warranty also applies in relation to
such as appliances. Please consult the Service and Warranty booklet that accompanies
Products Damaged in Transit
If any products are damaged, you must contact us on phone 1-888-936-7872 or
within 24 hours of delivery. Once the damage has been verified your return will be
product must be returned in original unused condition, complete with its original
If you have any queries, problems or concerns about a product or Service,
please contact us
on phone 1-888-936-7872 or email: email@example.com.
We will arrange for shipment or delivery of the products to you at any
the United States. We cannot deliver to a Post Office Box or APO/FPO addresses. If
you order large or
bulky items, you must provide a delivery address where someone will be available to
sign for the
receipt of your products.
Delivery time and price may vary depending on your location, the product
that you have
purchased, available shipping options, and shipping options selected by you. If you
order large or
bulky items, we will contact you to arrange delivery and an estimated delivery date.
The products we sell are often big and heavy things to lift, so there will
occasions when we may be unable to get a product into your property. Lots of steps,
radiators and restricted parking are all things that may hinder our ability to
deliver. In these
situations, we may be able to offer delivery to the nearest point possible e.g. your
garage, so you
can make arrangements to get the Product in. If not, we will attempt another
delivery date or give you
a full refund. It is the responsibility of the homeowner to verify fit and we will
responsibility for products that will, upon arrival, not fit through a door,
hallway, etc. Please be
advised, if a product needs to be exchanged or returned due to a fit issue, there
will be a charge to
ship the product back to us and to restock it. Customers should carefully consider
of their space when making their purchase. Occasionally something will happen out of
our control such
as floods, snow or other adverse weather conditions or things like sporting events
which result in
closed roads. We will do what we can, but disclaim any liability if delivery cannot
be fulfilled due
to reasons beyond our control.
Delivery will be to the US address specified in your order. If your order is
someone must be available to sign for receipt and no one is available at the time of
delivery, we will
leave you a note that the products have been returned to our depot, in which case,
please contact us
to rearrange delivery. If no one is present to receive the product, it will be left
at your address.
Delivery of an order shall be completed and all risk in the products
(including risk of loss
and/or damage to the products) shall pass to you when they are delivered to the
address you gave us.
We shall be under no liability for any delay or failure to deliver products
if the delay or
failure is caused by circumstances beyond our control. If we are unable to meet the
date because of an event outside our control, we will contact you with a revised
You agree that any delivery confirmation provided by the carrier is deemed
of delivery to you, even without a signature.
The charges (if any) for additional services are clearly laid out throughout
process and will be displayed on the checkout page when you place your order.
Unfortunately we are not able to offer installation or removal at this
If we are replacing your old appliance, please disconnect, defrost if
necessary and ensure
all water, laundry and other personal items are removed from the appliance before we
Limitation on Use
This Website may only be used in accordance with these Website Terms and
Conditions of Use
(which may change from time to time), and for non-commercial purposes only.
We may stop the operation of the Website in full or in part at any time. We
suspend or end any service, or change and modify prices prospectively at our
discretion. The Website
or any related software on the Website is not a storage service. You agree that we
have no obligation
to store, maintain or provide you a copy of any content or information that you or
except to the extent required by applicable law.
You may use our Website only for lawful purposes and by using the Website,
you agree that
you will abide by all applicable federal, state and local law, rules and
regulations, or the orders of
any federal, state or local government. You may not use our Website:
- In any way that breaches any applicable local, national or international law or
- In any way that is unlawful or fraudulent, or has any unlawful or fraudulent
purpose or effect.
- For the purpose of harming or attempting to harm minors in any way.
You also agree:
- Not to reproduce, duplicate, copy or re-sell any part of our Website in
- Not to access without authority, interfere with, damage or disrupt:
- any part of our Website;
- any equipment or network on which our Website is stored;
- any software used in the provision of our Website; or
- any equipment or network or software owned or used by any third party.
We do not guarantee that our website, any content on it or any service it
always be available or uninterrupted. We may suspend, withdraw or restrict the
availability of all or
any part of our website for business or operational reasons.
Suspension and termination
We will determine, in our discretion, whether there has been a breach of
these Website Terms
and Conditions of Use through your use of our Website. When a breach of these
Website Terms and
Conditions of Use has occurred, we may take such action as we deem appropriate.
Failure to comply with these Website Terms and Conditions of Use constitutes
breach, and may result in our taking all or any of the following actions:
- Immediate, temporary or permanent withdrawal of your right to use our Website;
- Immediate, temporary or permanent removal of any posting or material uploaded by
you to our
- Issue of a warning to you;
- Legal proceedings against you for reimbursement of all costs on an indemnity
basis (including, but
not limited to, reasonable administrative and legal costs) resulting from the
- Further legal action against you; or
- Disclosure of such information to law enforcement authorities as we reasonably
feel is necessary.
The responses described above are not limited, and we may take any other
reasonably deem appropriate.
Limitation of Liability; Disclaimers
Our Website tells you about Fisher & Paykel, our business and products
and services and
the terms and conditions on which we sell products and services to you.
WHILE WE ENDEAVOUR TO PROVIDE ACCURATE AND UP TO DATE INFORMATION, ERRORS
AND OMISSIONS MAY
OCCUR. TO THE EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL LIABILITY WHETHER
BASED IN CONTRACT,
TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND DO NOT ACCEPT ANY
LIABILITY FOR ANY
LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL,
SPECIAL, EXEMPLARY OR
OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THE WEBSITE, OR THE
SOFTWARE, FACILITIES, SERVICES ON THE WEBSITE, REGARDLESS OF THE BASIS UPON WHICH
CLAIMED. THE WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, AND OTHER
SERVICES INCLUDED ON
OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE ARE PROVIDED BY US ON AN “AS
IS” AND “AS
AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WE MAKE NO REPRESENTATIONS
OR WARRANTIES OF
ANY KIND HEREUNDER, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, OR THE
CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE
AVAILABLE TO YOU THROUGH
THE WEBSITE. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. WITHOUT LIMITATION, YOU
ASSUME THE ENTIRE COST
OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR
DAMAGE ARISING. IF
APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY
TO APPLY TO YOU,
THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL
WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED
WARRANTIES OF TITLE,
MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE, FREEDOM FROM COMPUTER VIRUS
(OR ANY SIMILAR
THREATS) AND/OR AVAILABILITY. WE DO NOT WARRANT THAT THE WEBSITE, INFORMATION,
PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH
THE WEBSITE, OR OUR
SERVERS OR ELECTRONIC COMMUNICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. YOU AGREE THAT
WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE
WEBSITE, OR FROM ANY
INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE
MADE AVAILABLE TO
YOU THROUGH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL,
IF YOU ARE USING OUR WEBSITE OR ANY OF OUR PRODUCTS AND/OR SERVICES
FOR PERSONAL OR
DOMESTIC USE, NOTHING IN THESE TERMS AND CONDITIONS IS INTENDED TO EXCLUDE ANY
RIGHTS THAT YOU MAY
HAVE UNDER ANY RELEVANT LAW.
The negation of damages set forth above are fundamental elements of the
basis of the bargain
between you and us. This Website and the information would not be provided without
No advice or information, whether oral or written, obtained by you from us through
the Website shall
create any warranty, representation or guarantee not expressly stated in this
Changes to Website
We may update our Website from time to time, including without limitation,
prices and the products and services that are offered on our Website.
All intellectual property rights in this Website, and all derivative works
are owned by Fisher & Paykel or our licensors.
No part of this Website, including but not limited to, the trademarks,
logos, names and
product listings, may be copied, extracted or otherwise reproduced, in any form
the express written consent of Fisher & Paykel (and/or, if applicable, the
licensor). You do not
acquire ownership rights to any content, document or other materials viewed through
the Website. The
posting of information or materials on the Website does not constitute a waiver of
any right in such
information and materials.
This Website may contain hyperlinks to other websites. Those links are
convenience only and we do not endorse the content of those third party websites.
You understand that
we do not operate or control the products or services offered by third party
websites. Your access to
and/or use of those websites is at your own risk. We make no warranties or
representations, express or
implied, whether by statute, common law, custom, usage or otherwise, as to third
including, without limitation, non-infringement of third party rights, title,
integration, risks of
program errors, corruption, viruses, hacking, intrusions, damage to equipment, loss
of data, or
unavailability or interruption of the Website or operations, however caused,
satisfactory quality, and merchantability or fitness for any particular purpose.
Login Details and other Security Information
Depending on which aspects of our Website you use, we may provide
information for the Website, including without limitation, any login and/or username
to you from time
to time. You must treat all such security information as strictly confidential, and
not disclose it to
anyone. Any such security information which is generated by us and supplied to you
We are entitled to rely on the provision of your security information
enquiry, as evidence of your identity, authority to use the relevant part of our
Website and/or place
orders. As a result, to the extent permitted by law, you accept responsibility for
all activities that
occur under your security information.
You agree to notify us immediately if you have any reason to believe that
information has become known to anyone else, or if your security information is
being, or is likely to
be used in an unauthorized manner. Such notice will not release you from your
obligations in relation
to your security information.
BY USING OUR WEBSITE AND SERVICES, YOU AGREE, TO THE EXTENT PERMITTED BY
LAW, TO INDEMNIFY
AND HOLD FISHER & PAYKEL, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES,
AGENTS, CONTRACTORS, AND
LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS
AGREEMENT, YOUR USE
OF THE WEBSITE, OUR PRODUCTS OR SERVICES, OR ANY ACTION TAKEN BY US AS PART OF OUR
INVESTIGATION OF A
SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF OUR FINDING OR DECISION THAT
A VIOLATION OF
THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES
FROM FISHER &
PAYKEL, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND
LICENSORS AS A RESULT
OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN
YOU, TO SUSPEND OR
TERMINATE YOUR ACCESS TO ITS WEBSITE, PRODUCTS OR SERVICE, OR TO TAKE ANY OTHER
ACTION DURING THE
INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF FISHER & PAYKEL’S
CONCLUSION THAT A VIOLATION
OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL
DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.
Goods Not for Resale or Export
You agree to comply will all applicable laws and regulations of the various
states and of
the United States. You represent and warrant that you are buying products or
services from this
Website for your own personal, family, or household use only, and not for resale or
No Waivers, Severability and Entire Agreement
Failure by us to enforce any right or provision of these Terms and
Conditions will not
constitute a waiver of future enforcement of that right or provision.
If any provision of these Terms and Conditions is invalid, illegal, void or
then that provision will be deemed severed from these Terms and Conditions
respectively and will not
affect the validity or enforceability of the remaining provisions.
agreement between you and us on the matters contained within these Terms and
Alternative Dispute Resolution
AT COMPANY'S SOLE DISCRETION, WE MAY REQUIRE YOU TO SUBMIT ANY DISPUTES
ARISING FROM THE USE
OR APPLICATION OF THESE TERMS AND CONDITIONS OR THE WEBSITE, INCLUDING DISPUTES
ARISING FROM OR
CONCERNING THEIR INTERPRETATION, VIOLATION, INVALIDITY, NON-PERFORMANCE, OR
TERMINATION, TO FINAL AND
BINDING ARBITRATION UNDER THE RULES OF ARBITRATION OF THE AMERICAN ARBITRATION
CALIFORNIA LAW. ALL CLAIMS MUST BE BROUGHT IN A CLAIMANT’S INDIVIDUAL CAPACITY AND
NOT AS A CLASS
Amendment and Assignment
We amend these Terms and Conditions from time to time without prior notice,
in our sole
discretion. Please look at the top of this page to see when these Terms and
Conditions were changed.
You will be subject to the latest version of the Terms and Conditions in force at
the time that you
use our Website and/or place an order for products and/or services via our Website.
We may transfer our rights and obligations under any order accepted by us to
organization, but this will not affect your rights or our obligations under these
These Terms and Conditions are governed by the laws of the State of
California. This means
any dispute or claim arising out of or in connection with them will be governed by
the laws of the
State of California. You and we both agree that the Courts of Orange County,
California will have
non-exclusive jurisdiction, subject to the terms set forth herein below.