Version 4 (11 July 2026)

Part A: About these Terms

1. Who we are and when these Terms apply

1.1 “Fjord”, “we”, “us” means Fjord Wellness Pty Ltd ACN 662 905 982 as trustee for the Fjord Wellness Unit Trust, trading as “Fjord”, “Fjord Ice Baths” and “Fjord Wellness”, of Burleigh Heads, Gold Coast, Queensland. Email: info@fjord.com.au. 

We design and manufacture cold-water wellness products, including but not limited to ice baths, ice showers and chillers. “You” means the person or entity buying Products or Services from us.

1.2 These Terms apply to every quote, order and supply, whether you buy through our website or by Quote. Together with the Quote (where one is issued), the applicable Product Guides and the Schedules, they form the entire agreement; for website orders, your order confirmation stands in place of a Quote. 

1.3 Website content is general information only and does not vary these Terms.

1.4 We may update these Terms, but the version current at your Order date applies to that Order and will not change for it. Every version is dated and archived, and you can contact us at any time for a copy of the version that applies to your Order.

1.5 Information from others. Statements about our Products made by anyone other than us (for example suppliers, retailers, installers, gyms, influencers, content creators or other owners, among others) are not made on our behalf and do not bind us unless we confirm them in writing. Our website and Product Guides are the authoritative source about our Products.

2. Your Australian Consumer Law rights come first

2.1 Our Products come with guarantees that cannot be excluded under the Australian Consumer Law (ACL). Nothing in these Terms excludes, restricts or modifies any right you have under the ACL or any other law that cannot lawfully be excluded. 

2.2 Where the ACL lets us limit our liability, it is limited as set out in clause 17.

3. Definitions

Our product ranges

• “Limfjord”: our single-person ice bath range.
• “Sognefjord”: our two-person ice bath range.
• “Koljöfjord”: our lie-down ice bath range.
• “Seydisfjord”: our ice shower range.

Product configurations

• “Fjord Primary Product”: the major products we design and manufacture: Ice Baths, Ice Showers and Chillers, in any configuration. Consumables, Parts and Merchandise are not Fjord Primary Products.
• “Ice Bath”: the broad term for a vessel of chilled water used for cold-water immersion. In these Terms it means our tub Products in any configuration.
• “System”: a self-contained Ice Bath with integrated cooling, circulation, filtration and sanitisation.
• “Pro”: a configuration of a Fjord Primary Product built for commercial environments, including automated chemical sanitisation where applicable.
• “Base Product”: a finished standalone tub sold without componentry, for connection to an external plant room, installed by qualified pool trades you engage. Schedule 2 applies.
• “Inbuilt Product”: a tub shell supplied without componentry, designed to be permanently built into building works (tiled or clad by others) and connected to externally supplied plant. Schedule 2 applies.
• “Ice Shower”: a refrigerated cold-water appliance for permanent connection to potable mains water and a single fixed shower outlet by a licensed plumber.
• “Chiller”: an external chilling system.
• “Equipment”: typically the pool components that circulate, filter, clean or sanitise the water.

A note on “ice”: in “Ice Bath” and “Ice Shower”, the word is used in its broad industry sense. It describes the experience of stepping into very cold water, in line with common industry language, not a promise of frozen water. Where a Product can actually produce ice, its specifications say so explicitly.

Customers

• “Consumer”: has its ACL section 3 meaning.
• “Commercial Customer”: a customer buying wholly or predominantly for use in a business, including gyms, recovery studios, wellness facilities, accommodation providers, builders and developers. You can be both a Commercial Customer and a Consumer; if so, your ACL rights are unaffected.

General

• “Consumables”: items requiring periodic replacement at the service intervals in the Product Guide, including but not limited to filter cartridges, dosing lines and pump tubes, pH/ORP probes and sensors, check valves, chemicals, test strips, UV lamps, ozone generators, seals, hoses and covers. Refer to the Product Guide for the complete list for your Product. Reaching the end of a stated service life is normal operation, not a defect (though a Consumable must still last a reasonable time for its kind).
• “Deposit”: the upfront payment stated in clause 6.2 or the Quote that secures your order and production slot.
• “Merchandise”: apparel and branded accessories (see clause 16.2 for returns).
• “Parts”: replacement components for Products, supplied for the Product and model they are specified for.
• “Product Guide”: the manual, installation guide, specifications and safety documents we publish for the relevant Product, available on its product page. The version current when you secure your Order by payment applies to your Order.
• “Products”: Fjord Primary Products, Consumables, Parts and Merchandise.
• “Quote”: a written quotation from us, valid for 30 days unless stated otherwise.
• “Services”: services we agree to provide, including Positioning Assistance, Installation & Commissioning, training and service plans.
• “Site”: the delivery and/or installation location you nominate.
• “Site Requirements”: the site preparation requirements for a Product, published on its product page, datasheet and Product Guide.

4. Quotes, orders and contract formation

4.1 Subject to Clause 4.2, a contract forms when, 

1. You pay the Deposit or any amount on a Quote; or
2. You accept a Quote in writing.

Paying a Deposit is acceptance of these Terms. Payment is made when cleared funds reach our account. We will not begin production, dispatch and delivery obligations until we have cleared funds.

4.2 All orders are subject to our acceptance. If we do not accept an order,  we will tell you promptly and refund all amounts paid in full.

4.3 Check that the Products, specifications, colours and options on your Quote or order confirmation are correct before paying. Made-to-order specifications lock when production starts; ask us for the start date at any time.

4.4 If we find a genuine pricing error after your order, we will tell you before production or dispatch, and you choose: pay the corrected price, or cancel for a full refund.

5. The Product you receive

5.1 Your responsibility to check. It is your responsibility to satisfy yourself about every element of your Fjord Primary Product (for example Ice Baths, Ice Showers and Chillers) before ordering: model, configuration, dimensions, colours, finishes, options and suitability for your users and Site. Contact us for colour samples or finish samples, or arrange a visit to physically inspect display Products.

5.2 Colours and finishes. On-screen colours are indicative only, and supplier finishes (including powder coat) can vary slightly between batches. If colour matching matters, request a physical sample before ordering. Minor variation consistent with this clause is not a defect.

5.3 Dimensions. Published dimensions, weights and capacities are in the Product Guide and datasheet. By ordering you confirm you have checked that the dimensions suit your users and your Site.

5.4 Access and suitability. Entry and exit require unassisted mobility with three points of contact; you confirm the Product suits the physical capability of your intended users. The Products are not accessible or assistive devices and we make no representation of compliance with any accessibility standard. Commercial Customers remain responsible for their own disability access obligations.

5.5 User capacity and bather load. How many users a Fjord Primary Product can support depends on many factors, including environmental conditions, ventilation, site cleanliness, whether users shower before entry, contrast use with saunas, and maintenance consistency. Before ordering, consult our expert team about the bather load you expect and the conditions you expect to run under: we can help you understand which unit suits your expected use. Our guidance is an estimate based on the information you give us.

5.6 Handcrafted fabrication. Our Products are individually fabricated and hand-finished. Minor variations in welds, metalwork, grain and finish are inherent to handcrafted fabrication; each unit is unique and these characteristics are not defects. Very slight surface bowing can also occur during manufacturing to support the insulation; this is typically unnoticeable. This clause applies only to minor cosmetic variation. It does not cover anything affecting structural integrity, watertightness, safety or performance.

5.7 Specification refinement. Specifications may be refined through our ongoing development and innovation cycle; the specifications at the time of your purchase are the most up to date. Always refer to the specifications table and dimensions diagram in the Product Guide as the source of truth; renders and images are not the source of truth. The specifications on your Quote apply to your Order and will not materially change without your agreement (see clause 7.1).

5.8 Online configurator, 3D models and renders. Our online configurator, its 3D models, and our 3D renders and photorealistic images are indicative visualisations only. Downloadable models are provided for convenience in your own designs, but you must confirm physical dimensions against the current datasheet before designing or building around them, and colours and finishes may differ from any on-screen rendering.

6. Price and payment

6.1 Prices are in Australian dollars and include GST unless stated otherwise. Delivery, positioning, installation, commissioning, cranage and site works are not included unless your Quote says so; inclusions vary by product line and your Quote itemises them.

6.2 Quote pricing is valid for 30 days. Production slots are separate: a slot is held for 7 days from the Quote or invoice, and you should confirm slot availability with us before paying the Deposit. Unless the Quote states otherwise, a Deposit of 50% secures your order and slot, and the balance is payable in full before dispatch.

6.3 Pay by bank transfer or the card and wallet methods shown at checkout or on the Quote. If paying by card, you warrant you are authorised to use it. Card payments incur a surcharge equal to our processor’s cost of acceptance, passed on without margin and disclosed at payment.

6.4 If a payment to us is overdue we may suspend production, dispatch or services.

6.5 Production timelines. We endeavour to communicate production timelines, and any changes to them, as circumstances evolve. All production timelines are indicative: we always strive to meet them, but they may vary due to unforeseen circumstances.

7. Deposits and cancellation

7.1 If we cancel. On the rare occasion we must cancel your order (for example due to unforeseen circumstances or supply chain failure), we will promptly refund everything you have paid, including the Deposit. To the maximum extent permitted by law, that refund is our entire liability for the cancellation: we are not liable for any loss to your business, alternative purchase costs, or other losses arising from it.

7.2 If you cancel: Deposits are not refunded. Our Products are made to order, and from the moment you order we incur material, labour and committed third-party costs that typically equal or exceed the Deposit. If you cancel, the Deposit is forfeited to cover those costs, and amounts paid above the Deposit are refunded less any incurred costs the Deposit does not cover. If our incurred costs are less than the Deposit, we refund the difference.

7.3 Nothing in this clause limits your ACL rights.

7.4 We do not accept change-of-mind refunds by you after delivery, except Merchandise (clause 16.2).

Part B: Owning a Fjord Primary Product

8. Site Requirements

8.1 Read the Product Guide first. Every Fjord Primary Product (for example Ice Baths, Ice Showers and chillers) has a Product Guide, available on its product page. It is the most up-to-date document for that Product and you must read it in full before committing to your purchase. If you cannot find the Product Guide for the Product you intend to purchase, it is your responsibility to ask us to send it to you. By ordering, you confirm you have read it and will have your Site prepared to the Product’s Site Requirements before installation. The categories below summarise what to consider; the Product Guide governs.

8.2 Structure and weight. The Site must support the filled weight of the Product plus users, spectators and service personnel, on a rigid, level, load-rated and approved surface or floor.

8.3 Access and positioning. Ensure a clear, safe path from the kerbside delivery point to the final position: door widths, stairs, lifts and surfaces. It is your responsibility to ensure the Product fits through to its final location without damage. The Products are heavy and require appropriate lifting equipment and people, per the Product Guide.

8.4 Water and drainage. Your Site needs a potable water supply for filling and top-ups, and drainage with fall to an approved waste point. Discharge must comply with local rules, which vary by council (for example sewer versus stormwater), and wet areas must be waterproofed where applicable. Ice Showers also need a drainage point for the expansion valve discharge, and a floor waste for indoor installs.

8.5 Plant rooms, service areas and pipework. For Base and Inbuilt Products, Ice Showers, and any Product connected to remote plant, consider the plant room or service area (location, ventilation, drainage and service access) and the corresponding pipework between the Equipment and the Product: pipe sizing and run lengths affect performance, and chilled lines must be continuously insulated and vapour-sealed to prevent condensation damage to surrounding structures. You need to engage your own qualified trades people to design and attend to these matters in accordance with the Product Guide, and we are not responsible for condensation damage arising from inadequate pipework insulation or vapour sealing.

8.6 Electrical. Powered Products must be connected to power exactly as specified in the Product Guide for your model, installed and certified before commissioning. Always engage experienced, quality licensed electricians to install power. No plugs, no extension leads.

8.7 Ventilation and refrigerant safety. Some of our Products (Ice Bath Systems, Pros and Ice Showers) contain R290, a flammable refrigerant. Indoor installations must meet the room-volume minimum for the model’s refrigerant charge, or have mechanical ventilation or leak detection, per the Product Guide. Clearances are stated per model.

8.8 Environment. Consider sun exposure (performance), coastal and pool-chemical environments (surface care per the Product Guide), and ambient temperatures (freeze protection; performance ranges are stated per model).

8.9 Pool safety and local laws are yours to verify. Laws applying to installation and use (pool and spa barrier, registration and certification rules; electrical, plumbing, water treatment and water quality, wastewater; workplace safety) vary by state, country and council, and change over time. You are responsible for researching and complying with them, at installation and on an ongoing basis, including having your pool safety certifier, licensed trades or local authority determine whether barrier laws apply to your installation, and obtaining and maintaining any required barriers, registrations and certificates.

8.10 Our guidance is direction only. Any regulatory guidance we give (in Product Guides, on the website or in conversation) is general direction based on typical requirements at the time. It is not a compliance determination for your Site and must be verified with your local authority, certifier and trades before you rely on it.

8.11 Covers are not safety barriers. Product covers are debris and insulation covers only. Unless we expressly state otherwise in writing, they are not child-resistant barriers, not a substitute for supervision, and do not satisfy pool safety barrier laws.

9. Installation and Setup

9.1 Read the Product Guide first. Before installation begins, read the installation chapters of the Product Guide for your Product, and ensure your trades have them. They govern installation.

9.2 We are the manufacturer, not the builder. Our guidance about Products, typical site requirements and typical installations is general product information given in good faith and free of charge. Your licensed trades must verify it before you rely on it, and site-specific design, engineering and compliance decisions are theirs and yours. We hold no licence under the Queensland Building and Construction Commission Act 1991 (Qld) or equivalent legislation and do not carry out building work; subject to clause 9.3, nothing we say or do (including attending your Site) is building, engineering, electrical or plumbing advice or services.

9.3 Our licensed people. Our team includes staff and contractors holding relevant trade licences, and purchased Services are performed by or under the supervision of appropriately licensed persons, within the scope of their licences. Their guidance is authoritative about our Products but is not a site compliance determination. Our Services never include fixed electrical wiring: your own licensed electrician must install and certify the circuit and isolator, and we only connect to and energise the unit at that existing certified isolator.

9.4 Installation by qualified trades. Our Products must be installed by qualified and licensed trades, per the Product Guide, and must not be operated until the commissioning steps in the Product Guide are complete. In particular: all electrical work must be performed by a licensed electrician; Ice Showers must be installed by a licensed plumber (potable mains cold water only, all supplied fittings installed, a single shower outlet, no modification or connection to hot water, and no handover for use until the commissioning checks are complete); and Base and Inbuilt Products are installed end to end by the qualified building and pool trades you engage.

9.5 Positioning Assistance (optional for all Fjord Primary Products): moving the crated Product from the kerbside point into position and unpacking it, performed by third-party providers we engage. Excludes electrical, plumbing and building work, and commissioning.

9.6 Installation & Commissioning (optional, Systems and Pros only): positioning, setup and commissioning per the Product Guide. It never includes electrical work: your licensed electrician must have installed and certified the circuit and isolator before we attend. If the Site does not meet the Site Requirements when we attend, we may charge a call-out fee at our actual cost and rebook. We do not offer this service for Base or Inbuilt Products.

9.7 Staff training and ongoing product servicing are as described in the relevant Quote or plan document. All Services carry ACL guarantees, including due care and skill.

10. Safe Use

10.1 Read the Product Guide first. Before first use, read the safe use chapters of the Product Guide for your Product, including the Usage Precautions. They govern safe use.

10.2 Every user must be briefed, at home and in commercial settings. You are responsible for safe use by everyone you allow to use the Product. Residential owners: before any first use by family, friends or guests, ensure they have read or been taken through the safe use chapters of the Product Guide, including the health contraindications, and that every use is supervised. Commercial Customers: ensure every user is briefed and screened before their first use; Schedule 1 applies.

10.3 Cold-water risks and supervision. Cold-water immersion or exposure is intense and carries real risks, including cold shock, fainting, hypothermia and drowning. The Usage Precautions in the Product Guide apply to every use and must be followed; make them available to every user before their first use. In summary: do not use without medical clearance if you have heart, circulatory, respiratory, neurological or metabolic conditions, uncontrolled hypertension, Raynaud’s, epilepsy or a history of fainting, or if pregnant, unwell, or affected by alcohol, drugs or sedatives; never use alone, and supervise every use; enter and exit slowly with three points of contact; keep your head above water; no breath-holding; limit exposure time and rewarm fully between immersions; no diving, jumping or reckless behaviour; exit immediately if light-headed, numb, confused or short of breath; and in any emergency, shut off the wall isolator, get the person out, keep them warm and call 000 if required. Under-18s may only use the Products with direct parental or guardian supervision and consent. Products are not toys and must not be accessible to unsupervised children.

10.4 Check entry and exit before every use. Before every use, ensure the user can enter and exit safely: check the external step is safely secured and the internal seat is securely fixed.

10.5 Wellness products, not therapeutic devices. The Products are wellness and recreation products. They are not medical or therapeutic devices, are not TGA-registered, and are not intended to diagnose, treat, cure or prevent any disease, injury or condition. Wellbeing effects vary and are not guaranteed. Nothing we publish is medical advice. You confirm you have not relied on any representation about health outcomes beyond our published materials.

11. Operation

11.1 Operate per the Product Guide. Operate the Product only as described in the Product Guide, using its controls and settings as instructed.

11.2 Water chemistry. Test and maintain water quality per the Product Guide (testing intervals, pH and sanitiser ranges, water changes) so the water is safe. Do not use the Product outside the stated ranges. Damage caused by out-of-range water chemistry is excluded from the Warranty.

11.3 Ice and freezing. Some Products can produce ice. Ice production must be actively monitored per the Product Guide; left unattended, the water body can freeze solid and seriously damage the Product. Freeze damage caused by operation contrary to the Product Guide is excluded from the Warranty.

11.4 Chemicals. Safety Data Sheets for the chemicals we supply are available for download from their respective product pages on our website. Read the instructions on each chemical’s label and follow all safety protocols when handling, storing and disposing of chemicals, per the SDS, the Product Guide and the law.

11.5 No modification. You have no authority to modify our Product from its original form (as delivered to you) in any way whatsoever. Any attempt to modify our product will immediately cancel your warranty and our ongoing obligations to you with respect to that product. This also applies to any unauthorised repairs to our products during the warranty period, as highlighted by Clause 15.

12. Maintenance and Servicing

12.1 Follow correct maintenance procedures, consistently. You must follow the correct maintenance procedures for your Product and apply them consistently: the maintenance schedule and procedures in the Product Guide govern, including surface and water care, using only approved parts, chemicals and cleaning products. Keep maintenance records.

12.2 Expert inspections. Have the Product and its installation periodically inspected by appropriate expert trades, including electricians, refrigeration technicians and pool technicians, at the intervals in the Product Guide, to ensure everything is operating correctly and safely. We may require proof of inspections and maintenance records to assess a warranty claim. Isolate the Product and stop use immediately if the RCD trips repeatedly, anyone reports tingling or shock, panels or cables are damaged, or liquid enters electrical compartments; do not resume until inspected by a licensed trade. Never operate with service panels removed; always isolate power before maintenance.

12.3 Training. Ensure everyone who operates, maintains or services the Product is trained in the relevant Product Guide procedures first. Commercial Customers must operationalise this: training register, induction before first use or maintenance, Product Guide accessible on site, and licensed technicians where the Guide requires them.

12.4 Safety notices and registration. We may contact you with safety notices and recalls; keep your contact details current. If you sell or transfer a Product, or install it for someone else, take reasonable steps to give us the new owner’s details or pass them our safety documentation. Registering your Product (serial number and address) helps us reach you.

Part C: Delivery, ownership and remedies

13. Delivery and risk

13.1 Delivery is kerbside. The driver unloads your pallet only at the edge of your property: usually the kerb, driveway entrance or loading dock. Drivers will not move pallets up stairs, over gravel, onto lawns or inside buildings. Once the pallet is on the ground, unbanding, unpacking and moving the freight is entirely your responsibility (or buy Positioning Assistance, clause 9.5). The delivery point needs a flat solid surface with clearance for a large truck to park and unload safely.

13.2 You or your representative must be present at delivery to receive and inspect the Products. Move them only with the crew sizes and lifting methods in the Product Guide.

13.3 Timing and tracking. At dispatch we give you the carrier’s details, tracking reference and estimated delivery day, generated when shipping is booked. The estimate is the carrier’s, not ours, and actual times vary with the logistics network. After dispatch it is your responsibility to monitor tracking, liaise with the carrier and be present and contactable on the day. If delivery fails because no one is present, the carrier cannot reach you, or clause 13.1 access is not met, the carrier’s redelivery fees are payable by you at cost. We will use reasonable endeavours to dispatch within the Quote timeframe and will tell you of material delays.

13.4 Storage. Completed, paid-for Products are held free for 30 days. If you cannot take delivery within that time, tell us; we will work with you in good faith, but may charge a reasonable warehousing fee reflecting our actual storage costs, notified before it starts. Postponements within 7 days of dispatch, or failed deliveries under clause 13.3, may also incur a redelivery fee at our actual cost.

13.5 Risk passes to you on delivery to the kerbside point (or on collection from our factory by your own carrier).

13.6 Transit damage. Inspect on delivery where practical, and tell us about visible transit damage within 2 days with photos so we can claim against the carrier and fix it quickly. Late notice makes carrier claims harder but does not affect your ACL rights.

14. Title and PPSA

14.1 Title stays with us until you have paid us in full for the relevant Products. Until then you hold them as bailee, must keep them identifiable and insured, and must return them on request if you are in payment default.

14.2 This clause survives delivery until payment in full.

15. Warranty

15.1 Your statutory rights. Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled to cancel your service contract with us and to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service. 

15.2 The Fjord 2-Year Warranty. In addition to your ACL rights, we warrant each Product (excluding Consumables and Merchandise) against defects in materials and workmanship under normal use and compliant installation for 2 years. Warrantor: Fjord Wellness Pty Ltd ACN 662 905 982 ATF Fjord Wellness Unit Trust (ABN 37 455 992 256) t/a Fjord, Unit 9, 3 Flagstone Drive, Burleigh Heads QLD 4220; info@fjord.com.au; 0484 134 858.

15.3 Start date. The day the Product is dispatched from Fjord Wellness.

15.4 What we do. Repair or replace the defective Product or component (our choice, acting reasonably) or pay the reasonable cost of doing so. Labour and transport are included for the full 2-year warranty period. Replaced parts are warranted for the balance of the original warranty period only; replacement does not extend or restart the warranty.

15.5 How to claim. Email info@fjord.com.au with proof of purchase, serial number, a description and photos. We respond within 2 business days. Repairs, third-party repairers and freight need our prior written approval for costs to be covered; we arrange or approve ground freight, and premium freight you choose is at your cost. We bear the expenses of a valid claim as described above; you bear your costs of making the claim and any non-approved costs.

15.6 Not covered (defects or damage caused by): transit you arranged; installation or trade work not per the Product Guide; unmet Site Requirements; unauthorised modification or repair; non-approved parts, chemicals or cleaners; water chemistry outside Product Guide ranges; liquid entering electrical components through negligence; blocked ventilation or overheating; operation outside the stated ambient range (including below 0°C without shutdown); water allowed to freeze (including unattended ice production); leaving the Product in freezing conditions without the required protection; unmaintained coastal or chemical exposure; failure to follow the surface care requirements in the Product Guide; normal wear and tear; Consumables at end of stated service life. Each exclusion applies only where it caused the defect claimed. For Inbuilt Products, warranty claims for water-tightness or connection defects found after enclosure do not include demolition, removal or reinstatement of others’ works where the Schedule 2 pre-enclosure water test was not completed and recorded.

15.7 Transfer. The warranty sits with the original purchaser only and is non-transferable without written consent from us, except where the product is an Inbuilt or Base Product fully installed and commissioned, whose remaining warranty transfers automatically with the property at the original installation address.

15.8 Spare parts. We maintain reasonable availability of Parts and Consumables, and where a part is discontinued beyond our control we will offer a functionally equivalent substitute where reasonably possible. This does not limit the ACL spare-parts guarantee.

15.9 This warranty is in addition to, and does not limit, your Australian Consumer Law rights.

16. Returns

16.1 Faulty goods. Your ACL rights apply (clause 15.1). Contact info@fjord.com.au with proof of purchase.

16.2 Merchandise change of mind. Return Merchandise within 14 days of delivery for exchange or refund: unworn, unused, tags attached, original packaging, return shipping at your cost. Refunds go to the original payment method.

16.3 Everything else. No change-of-mind returns after delivery (see clause 7 for cancellation before delivery). Your ACL rights are unaffected.

17. Liability

17.1 Nothing in these Terms excludes or limits our liability under the ACL where that is not permitted.  

17.2 Where you are a Consumer and ACL section 64A applies, our liability for failing a consumer guarantee is limited, at our option, to: for goods, repair, replacement or the cost of either; for services, resupply or the cost of resupply.

17.3 Where you are a Commercial Customer and not a Consumer, to the maximum extent permitted by law: (a) all implied warranties and terms are excluded except those that cannot be; (b) neither party is liable to the other for loss of profits, revenue, business opportunity, or indirect or consequential loss; and (c) our total aggregate liability is capped at the price you paid for the Products and Services giving rise to the claim. 

17.4 We are not liable for defects, damage or loss to the extent caused by: installation or trade work by you or your contractors; failure to meet the Site Requirements; failure to follow the Product Guide; unauthorised modification or repair; or breach of Schedule 1 or 2. This does not apply to the extent we caused the loss.

17.5 Each party’s liability is reduced proportionately to the extent the other contributed to the loss.

17.6 Breakdown and downtime. Mechanical and refrigeration products sometimes need repair during their life; that is a normal incident of ownership, not of itself a breach or defect. If a Product fails or is damaged (including in transit before delivery), we will repair, replace or refund under these Terms, the Warranty and the ACL, and we commit to responding in good faith and with urgency to minimise downtime. To the maximum extent permitted by law, and subject to clauses 2 and 17.1 to 17.3, we are not liable for loss of business, revenue or profits from downtime, transit loss or repair periods.

17.7 Service life. Each Product’s expected service life and the servicing it depends on are stated in the Product Guide. Products approaching end of service life should be inspected, serviced or decommissioned per the Guide.

18. Commercial operator indemnity

18.1 If you are a Commercial Customer, you indemnify us against liabilities, losses and reasonable costs from third-party claims (including by your customers, members, guests or contractors) connected with your operation of the Products. This indemnity applies to the extent the claim arises from your breach of the Terms (including Schedules 1 and 2), your non-compliance with law, or the negligence or wilful misconduct of you or your personnel in the maintenance, use or operation of our Products. Your liability under this clause is reduced to the extent we caused the loss.

19. Intellectual property

19.1 We (or our licensors) own all intellectual property in the Products, their designs, the Product Guides, our configurator and 3D models, and our brands. You have a licence to use the Product Guides, and any downloaded 3D models, for your own project involving our Products. You must not reproduce our designs or reverse-engineer the Products or models for manufacture.

19.2 If you give us feedback, testimonials or suggestions, you grant us a non-exclusive royalty-free licence to use them; we will seek your consent before publishing any testimonial attributed to you.

20. Privacy

20.1 We handle personal information under our Privacy Policy at fjord.com.au/privacy and the Privacy Act 1988 (Cth).

21. Events beyond control

21.1 Neither party is liable for delay or failure (other than payment obligations) caused by events beyond its reasonable control, provided it promptly notifies the other and works to mitigate. If such an event prevents performance for a prolonged period, either party may cancel affected Orders; we refund amounts paid for undelivered Products, less clause 7.2 costs where you cancel.

22. Disputes and governing law

22.1 The parties will first attempt to resolve any dispute by senior-level discussion within 14 days of written notice, then mediation before an agreed mediator before court proceedings, except for urgent injunctive relief. Consumers may exercise ACL rights or contact a regulator or ombudsman at any time.

22.2 Queensland law governs these Terms. The parties submit to the non-exclusive jurisdiction of the courts of Queensland and the Commonwealth.

23. Trustee capacity

23.1 Fjord enters these Terms only as trustee of the Fjord Wellness Unit Trust. Where you are a Commercial Customer and not a Consumer, and to the maximum extent permitted by law, our liability is limited to the extent we are actually indemnified from the trust’s assets.

24. General

24.1 Assignment: you need our consent to assign (not unreasonably withheld); we may assign to a related entity or with a sale of business if your rights are not adversely affected. 24.2 Severance: void provisions are severed to the minimum extent; the rest survives. 24.3 No waiver: not enforcing a right does not waive it. 24.4 Notices: to the email addresses on the Quote or order. 24.5 Survival: clauses 2, 14, 15 to 20, 22 and 23 survive.

Schedule 1: Commercial Operator Obligations (condition of supply)

These obligations apply to your commercial operation of all Fjord Products used for cold or heat exposure.

1. Health screening. It is your responsibility to screen users for health conditions not suited to cold or heat exposure before their first use, including heart, circulatory, respiratory, neurological and metabolic conditions, uncontrolled hypertension, Raynaud’s, epilepsy, a history of fainting, and pregnancy, and to require medical clearance where indicated.
2. Supervision. No one undertakes cold or heat exposure with our Products alone; no unsupervised minors or vulnerable persons; maintain a supervision policy; no breath-holding; no head submersion.
3. Access to safe usage requirements. Ensure every user has access to the safe usage requirements for the Products (the safe use chapters of the Product Guide, or your own version consistent with them) before use.
4. Entry and exit. Before each session, ensure users can enter and exit safely: steps and seats securely fixed, surfaces slip-resistant and clear.
5. Showering and clean environment. Provide showering facilities and require users to rinse before entry, and keep the Product surrounds clean; both protect water quality and your users.
6. Water quality and management. Maintain water quality to the applicable health standard for your facility; test and log per the Product Guide and local rules; use approved chemicals only; and ensure staff are trained in, and aware of their responsibilities for, water management.
7. Chemicals. Ensure chemicals are safely stored and handled, per their labels, Safety Data Sheets and the law.
8. Maintenance and inspections. Follow the Product Guide maintenance schedule; use licensed technicians for refrigeration and electrical work; have the installation periodically inspected by expert trades; keep records.
9. Training. Trained personnel only; maintain a training register; induct new staff before they operate or maintain the Products; keep the Product Guide accessible on site.
10. Emergency readiness. Accessible isolator, first aid provision, emergency procedures, staff training records.
11. Regulatory awareness. You must be aware of, and comply with, all commercial pool laws, policies and regulations applying to your facility and region, and keep that knowledge current.
12. Incident reporting. Written notice to us within 48 hours of any injury or property-damage incident; preserve the Product unaltered where practicable; cooperate with investigation (including our insurer’s).
13. Records. Keep the records above for at least 7 years and produce them on reasonable request for warranty claims or incidents.
14. Insurance. Hold public liability cover of at least $20 million per occurrence for your operation of the Products; certificate of currency on request.
15. Marketing claims. Do not represent that the Products, or cold or heat exposure, diagnose, treat, cure or prevent any condition, or attribute health claims to Fjord beyond our published materials. Your advertising compliance is your own.
16. Secure when unattended. Outside operating hours and whenever unattended, secure the Product: cover fitted or access restricted (especially to children), and isolated where appropriate.
17. User acknowledgments. Obtain and keep your own user health declarations or acknowledgments appropriate to your facility; they support your screening obligation and your records.
18. Hire, relocation and on-sale. If you hire out, relocate or operate the Product at another location, these obligations apply at every location and you are responsible for compliance there. If you hire the Product to, or sell it to, another business, this Schedule travels with the Product: it is your responsibility to provide a copy to the new operator and make clear the obligations apply to their operation.

Schedule 2: Base & Inbuilt Installation Addendum (condition of supply)

1. Your build team leads. Design, engineering, installation, hydraulics, electrical work and regulatory compliance are the responsibility of you and your qualified trades, as is plant selection (although we can recommend or supply suitable Chillers and circulation Equipment; ask us). Our drawings and guidance are typical representations only (clause 9).
2. Demarcation. Our supply ends at the tub shell and its designated connection points (model datasheet). Everything beyond (plant, pipework, valves, wiring, waterproofing, tiling, cladding, finishes, barriers) is by others and not covered by our Warranty.
3. Pre-enclosure water test (Inbuilt, mandatory). Before tiling, cladding or enclosing an Inbuilt Product: complete the water-tightness and connection tests in the Product Guide; record them on the Commissioning Record with photos; return the signed Record to us. Warranty claims for water-tightness or connection defects found after enclosure will not include demolition, removal or reinstatement of others’ works where this test was not completed and recorded. The test exists to catch such defects while they are simple to fix. ACL rights unaffected.
4. Serviceability. The installation must preserve inspection and service access per the Product Guide (including specified access panels). Costs arising from lack of access are not covered by the Warranty.
5. Photos. Keep clear photos of the prepared base, positioned shell, connections and completed test; provide them with any installation-related warranty claim.
6. Protection during construction. Protect the shell on site during building works: cover it, keep grinding sparks, mortar, render, acids and other trade contaminants off the stainless surfaces, and store it per the Product Guide. Damage or contamination occurring during construction is not covered by our Warranty.
7. Equipment compatibility. The plant and Equipment you select must meet the specifications in the Product Guide and datasheet (including flow rates and pressures). Damage caused by incompatible or incorrectly configured Equipment is not covered by our Warranty, except where we supplied that Equipment or specifically recommended it in writing for your installation.
8. Handover to the owner. On completion, provide the end owner with the Product Guide, warranty information and safety documents, and give us the owner’s contact details (or ask them to register their Product) so we can reach them with safety notices.
9. Fixtures. Products may become fixtures once built in. This does not affect clause 14: title stays with us until you have paid in full.