My Fireplace Australia Pty Ltd
20 Auto Way, Pakenham, Victoria 3810
ABN 98 167 605 843
Before shipping your heater or defective component to our warehouse, you must obtain an Authorization Number or expressed
written approval/consent from your Distributor (MFA). Any merchandise shipped without authorisation will be refused
automatically and returned to the sender.
Liability Limitations
MFA will not accept liability for the following causes, unless otherwise stated by law:
1.
Insurable events.
2.
Damage or failure of goods due to Acts of God or extreme weather conditions.
3.
Damage, internal or external, caused by water leaks, rain, smoke, or soot ingress.
4.
Damage caused by birds, pests, animals, insects, or rodents.
5.
Damage caused by Insurable events i.e., power surge, lightning strikes, etc.
The client accepts responsibility to ensure that the building, roof, or structure complies with all current building specifications,
regulations and codes and poses no threat to the health or safety of any person attending the site.
The client must inspect all purchased goods and equipment and report damage within seven (7) days of delivery. Claims outside
this timeframe will not be considered.
Service or warranty claims in relation to non-compliant heaters (at the time of sale/installation) must be directed to the third
party who supplied or installed the item.
Goods in Transit
Once a contract of sale has been entered (items invoiced or a payment received), the purchaser is responsible for insuring the
items from the point of dispatch (MFA) to the nominated destination.
My Fireplace Australia will not quote, nor include freight insurance on any consignment (paid freight or free of charge):
Section 25 of the Goods Act 1958 (Vic) (Act):
“Unless otherwise agreed, the goods remain at the seller’s risk until the property therein is transferred to the buyer, but when
the property therein is transferred to the buyer the goods are at the buyer’s risk whether delivery has been made or not…”
That is, once a contract of sale has been entered (items invoiced, partially or paid in full), the ownership of the goods is
transferred to the buyer, that buyer carries the risk of loss or damage to those goods even if the goods have not been delivered.
This position is replicated across legislation in other states.
The parties to a contract of sale of goods can, however, by agreement, nominate the point at which ownership and risk will pass
from the seller to the buyer to override the position under section 25 of the Act.
