TERMS AND CONDITIONS OF SALE

Franka Pty Ltd (ABN 91 661 333 142) trading as Franka

Version 1.0

These Terms apply to every order placed with Franka, whether through franka.com.au, in person, by email or under a Trade Account. Customers should read these Terms before placing an order.

SUMMARY

This summary is provided for convenience and does not form part of the operative Terms. The provisions referred to prevail over anything stated here.

• Consumer guarantees under the Australian Consumer Law are not excluded. Nothing in these Terms limits, excludes or modifies them. See section 2.
• Products must be used and maintained in accordance with section 9. Two requirements account for the majority of furniture failures: seating is not designed to be tilted rearwards onto two legs, and fasteners must be inspected and re-tightened at the stated intervals.
• The Franka Warranty in section 8 operates in addition to statutory rights, not in substitution for them.
• Deliveries must be checked within 48 hours and packaging retained. See section 5.5.
• Claims should be directed to support@franka.com.au, copied to hello@franka.com.au, with the item retained and photographed. Franka's response times are set out in section 8.3.

CONTENTS

1. These Terms
2. Rights under the Australian Consumer Law
3. Orders
4. Prices, payment, deposits and title
5. Delivery and access
6. Change of mind, cancellation and returns
7. Faulty, unsafe, misdescribed or unfit products
8. The Franka Warranty
9. Intended use, care and maintenance
10. Product safety
11. Liability
12. Trade and commercial customers
13. General
14. Contact details

1. THESE TERMS

1.1 Documents forming the contract

The contract between you and Franka comprises these Terms and the order confirmation issued by Franka, including the use rating and any specification recorded on it.

Where there is any inconsistency, the following order of precedence applies:

1. the provisions of these Terms concerning rights under the Australian Consumer Law;
2. the order confirmation;
3. section 9, in respect of any technical matter, including use ratings, load ratings, stacking limits, maintenance intervals and material characteristics; and
4. the remaining provisions of these Terms.

1.2 Amendment

Franka may amend these Terms from time to time. The Terms applicable to an order are those published at the time the order was placed.

2. RIGHTS UNDER THE AUSTRALIAN CONSUMER LAW

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law.

Nothing in these Terms limits, excludes or modifies the application of the Australian Consumer Law, the exercise of any right conferred by it, or any liability of Franka for failure to comply with a consumer guarantee. To the extent that any provision would have that effect, it does not apply.

For the avoidance of doubt:

1. Consumer guarantees are not confined to the periods stated in section 8. They apply for such period as is reasonable having regard to the nature and price of the goods, which in the case of durable furniture may exceed the warranty periods stated in these Terms.
2. Business purchasers are entitled to consumer guarantees where the goods are of a kind ordinarily acquired for personal, domestic or household use. Furniture is goods of that kind.
3. Franka does not require customers to pursue a manufacturer or supplier in substitution for dealing with Franka. Franka is the supplier and the first point of contact.
4. Where these Terms require an act to be performed within a stated period, that period is administrative in character. It is not a condition of statutory rights, and failure to comply does not extinguish them.
5. Sale, clearance, floor stock and made-to-order status does not affect statutory rights.

3. ORDERS

3.1 Formation of contract

Product listings constitute an invitation to treat and not an offer. An order placed by a customer constitutes an offer to purchase. A contract is formed upon issue of an order confirmation by Franka. Where Franka is unable to accept an order, it will notify the customer promptly and refund in full any amount paid.

3.2 Disclosure of intended use

Each Franka product is assigned a use rating, stated on the product page and defined in section 9.2.

Customers purchasing for any application other than an ordinary household must notify Franka before placing the order. Notification is required in particular where the goods are intended for:

(a) a café, restaurant, bar, hotel, club, function venue or other commercial or public setting; (b) a short-stay rental, holiday letting or serviced apartment; (c) an office, waiting area, school, clinic, aged care facility or other institutional setting; (d) a hire, event or rental fleet; (e) an outdoor, poolside, beachfront, coastal or tropical location; (f) operation in excess of 8 hours per day or 40 hours per week; or (g) users exceeding the rated user mass stated for the product, or any other specific load requirement.

Franka will advise which products are rated for the disclosed application and, where a selected product is not so rated, will identify a suitable alternative.

Disclosure is material to the parties' respective positions. Under the Australian Consumer Law, fitness for purpose is assessed against the purpose made known to the supplier.

Where Franka has advised in writing that a product is not rated for the customer's disclosed application and the customer nonetheless proceeds, that advice will be recorded on the order confirmation and the Franka Warranty will not cover wear or failure attributable to that application. Rights under the Australian Consumer Law are unaffected.

3.3 Verification of orders and specification sign-off

Customers should verify the order confirmation, including quantity, colour, fabric, dimensions, finish, configuration, orientation and delivery address, and notify Franka of any discrepancy as soon as practicable and preferably within 48 hours, so that it may be corrected before manufacture or dispatch. This period is not a condition of the customer's rights, and Franka will rectify what it reasonably can where a discrepancy is identified later.

Sign-off on made-to-order and custom items. For made-to-order and custom items, Franka will issue a specification for approval before production commences, addressing materials, colours, dimensions, quantities, orientation and finish. Customers should verify the specification against their own measurements and drawings.

The approved specification is the specification to which the goods will be manufactured, and it is binding on both parties. Upon approval, production is scheduled and materials are ordered, and Franka is not obliged to accept any subsequent variation. Where a variation remains practicable after approval, it will be at the customer's cost, and Franka will notify that cost before proceeding. Goods manufactured in accordance with an approved specification are not defective by reason of the customer's subsequent change of preference; section 6.3 applies in that event.

The specification binds Franka equally. Where goods do not conform to the approved specification, Franka will rectify the non-conformity at its own cost. Where a requested variation can be accommodated at no material cost, Franka will accommodate it.

3.4 Availability, backorders and lead times

Stock levels and lead times displayed on the website are indicative and subject to change. Lead times are estimates provided in good faith and do not constitute guarantees.

Where an item becomes unavailable after acceptance of an order, Franka will notify the customer promptly, and the customer may elect a full refund in respect of that item, a substitute product, or to await supply.

Backorders and pre-orders. Franka may accept orders for stock in production or in transit. In such cases Franka will notify the customer before payment and provide an estimated dispatch date. Where that estimate changes, Franka will notify the customer promptly and provide a revised date. Where a confirmed dispatch estimate is exceeded by more than 30 days, the customer may cancel the affected items and obtain a full refund of all amounts paid in respect of them, without charge.

Partial dispatch. Where part of an order is available and part is not, Franka will offer to dispatch the available items. Where the customer prefers a single delivery, Franka will hold the order without charge.

3.5 Pricing errors

Where a price, specification or image is manifestly incorrect by reason of error, Franka will contact the customer before processing the order, and the customer may elect to proceed at the corrected price or to cancel and obtain a full refund. Franka will not increase the price of a confirmed order after acceptance, except where the customer requests a variation.

3.6 Samples, images and colour

Fabric swatches, leather samples and colour chips are supplied as an indication of colour, texture and character. They are drawn from a production batch and do not constitute a guarantee of exact correspondence with the batch from which the customer's order is manufactured. Natural materials, dye lots, powder coat batches and timber vary between batches.

Colour as displayed on a screen is dependent on the customer's device, its calibration and ambient light, and will differ from the physical product. Customers should obtain samples before selecting a colour, particularly for made-to-order items. Samples are supplied free of charge.

Product images are indicative. Styling props and accessories depicted are not included unless expressly listed. Dimensions are nominal and subject to normal manufacturing tolerance. Where an item must fit a specific space, the customer should confirm critical dimensions with Franka before ordering.

4. PRICES, PAYMENT, DEPOSITS AND TITLE

4.1 Prices and payment

Prices are stated in Australian dollars and are inclusive of GST. Prices are exclusive of delivery unless otherwise stated. Franka accepts the payment methods displayed at checkout.

4.2 Deposits on made-to-order and custom items

A deposit of 50% is payable on made-to-order items and 70% on custom items, with the balance payable before dispatch. Franka will advise the deposit amount before the customer commits to the order. Section 6.3 applies on cancellation.

4.3 Title and risk

Title in the goods passes to the customer on payment in full. Risk passes to the customer on delivery, being the time at which the goods are handed to the customer or, where the customer has authorised delivery in the absence of a recipient, the time at which they are left at the delivery address in accordance with that authority.

Until title passes, the customer must keep the goods identifiable, insured and free of encumbrance.

4.4 Storage of completed orders

Where an order is ready for dispatch and the customer requests that Franka hold it, Franka will store the goods without charge for 15 days. Thereafter Franka may charge a reasonable storage fee, notified to the customer in writing before it commences to accrue. No storage fee is payable in respect of a delay caused by Franka.

5. DELIVERY AND ACCESS

5.1 Delivery services

Franka delivers to metropolitan areas along the eastern seaboard of Australia, with freight calculated at checkout. For locations outside those areas, customers should contact support@franka.com.au for a quotation.

Delivery is effected, according to the item and the destination, by:

(a) standard courier for small items, via Australia Post or a comparable service; (b) standard delivery for large items, comprising single-courier delivery to ground floor only; or (c) premium delivery for large items and sofas, comprising two-person delivery. Assembly is available on request.

Delivery cost is determined by destination, the items ordered and the accessibility of the premises. Franka will confirm the applicable service and cost before payment.

5.2 Delivery windows

Deliveries are effected between 9:00am and 5:00pm, Monday to Friday. Franka is unable to guarantee a specific delivery time. Where a carrier provides advance notice, Franka will pass it on; certain services do not provide advance notice.

Delivery timeframes are estimates. Franka will notify the customer promptly where a delivery date changes.

5.3 Access

Customers must notify Franka in advance of any matter affecting access, including stairs, lifts, narrow corridors, restricted turning circles, parking restrictions, gates, keys and restricted delivery hours.

Customers are responsible for verifying that the goods will fit the intended access route before placing an order, including doorways, staircases, turning points and lifts. Item dimensions are stated on each product page and should be compared against the narrowest point of the access route. Franka will provide clarification on request.

Where an item cannot be delivered into the premises by reason of access, Franka will take such steps as are reasonable at the time of delivery. Where delivery remains impossible, the customer may return the item and Franka will refund the price of the item less the actual delivery and return freight costs incurred by Franka, which will be itemised, and less the restocking fee stated in section 6.2. No restocking fee applies where delivery failed by reason of an error in the dimensions published by Franka or in written access advice given by Franka.

5.4 Failed delivery

Where no person is available at a scheduled delivery appointment and the customer has not authorised delivery in the absence of a recipient, Franka may charge the actual cost of redelivery. Franka will notify the amount, and no charge applies where the failed delivery is attributable to Franka or its carrier.

5.5 Inspection on delivery

Risk in the goods passes to the customer on delivery (section 4.3). From that time the goods are in the customer's custody, and damage occurring after delivery does not constitute transit damage.

Customers must take the following steps on delivery.

(a) Where a carrier requires signature, any visible damage must be noted on the carrier's documentation before signing. A clean signature on a damaged consignment materially prejudices any subsequent claim.

(b) The order must be unpacked and inspected within 48 hours of delivery, and Franka notified within 48 hours of any item that is damaged, missing or incorrect — by email to support@franka.com.au copied to hello@franka.com.au, with photographs of the item and of the packaging in which it arrived. Packaging should be retained until inspection is complete.

Rationale for the 48-hour period. Transit damage is apparent on unpacking, and 48 hours is sufficient for its identification. Franka's freight insurance further requires that a transit damage claim be lodged within a short period of delivery. Notification within 48 hours enables Franka to replace the item immediately and to recover the loss from the carrier.

Effect of late notification. Franka will assess a claim notified after the 48-hour period. The period is not a condition of the customer's rights, and nothing in this section affects rights under the Australian Consumer Law or shortens the time within which a claim may be brought. The period has no application to a defect that was not apparent on delivery; latent defects are dealt with under section 7 whenever they manifest.

Effect of the passage of time on evidence. Once goods are in the customer's custody, the question ceases to be whether Franka delivered damaged goods and becomes whether it can be established that the goods arrived damaged. Where photographs, the original packaging and prompt notification are available, that is readily established and Franka will rectify the matter. Following an extended period — where packaging has been discarded, the item has been assembled and placed into use, and it is located at premises Franka has not inspected — it may not be possible for either party to distinguish transit damage from damage occurring after delivery. Where it cannot be established that an item arrived damaged, Franka may be unable to treat the matter as a transit damage claim, and the position stated in section 4.3 applies: risk passed to the customer on delivery.

This is a consequence of the evidentiary position rather than a contractual time bar.

5.6 Assembly and installation

Where the customer has purchased assembly or installation from Franka, Franka will perform those services with due care and skill.

Where the customer undertakes assembly, section 9.12 applies. In particular, all fasteners must be fully tightened before first use and re-checked after two weeks.

Franka does not install mirrors and does not supply wall fixings for them. Mirror installation is addressed in section 9.9, which customers should read before ordering a mirror.

6. CHANGE OF MIND, CANCELLATION AND RETURNS

This section governs change of mind, being the circumstance in which the goods are not defective and the customer has determined not to retain them. Change-of-mind returns are offered at Franka's discretion on the conditions set out below. This section is distinct from faulty, unsafe, misdescribed or unfit goods, which are dealt with in section 7 and in respect of which statutory rights apply irrespective of these Terms.

6.1 Cancellation before dispatch

An in-stock order may be cancelled without charge where the customer notifies Franka within 24 hours of placing the order and the order has not yet been picked and packed.

Where an order has already been picked and packed, cancellation is subject to a charge equal to the lesser of the restocking fee stated in section 6.2 and Franka's actual costs reasonably incurred.

Cancellation requests must be sent to support@franka.com.au, copied to hello@franka.com.au, quoting the order number. Once an order has been dispatched, section 6.2 applies.

Section 6.3 applies to made-to-order and custom items.

6.2 Change of mind on in-stock items

Franka will accept a change-of-mind return where each of the following conditions is satisfied:

(a) the product was purchased at full price, and was not on sale or clearance or subject to any promotion, discount, bundle offer or discount code; (b) the request is made within 7 days of delivery, by email to support@franka.com.au copied to hello@franka.com.au, quoting the order number; (c) the customer holds valid proof of purchase; and (d) the item is unused, unassembled, in its original packaging and in strictly resaleable condition.

A Return Authorisation must be obtained before goods are returned. Goods returned without a Return Authorisation may not be accepted.

Where a change-of-mind return is approved:

(a) a restocking fee of 20% of the item price is deducted from the refund; (b) return shipping is at the customer's cost. Where the customer requests that Franka arrange the return, the actual freight cost is also deducted; (c) original delivery charges are not refunded; and (d) a store credit may be issued in lieu of a refund at the customer's election.

Where an item is returned in a condition that has diminished its value, Franka may reduce the refund or credit accordingly and will explain the basis of the reduction.

All sale items are final sale. Sale, clearance, discounted, promotional and bundle items — whether purchased online, in store, as floor stock or as factory seconds — are not eligible for change-of-mind return, exchange or credit. The same applies to made-to-order and custom items, cut fabric, gift cards, and items that have been used, assembled, installed, modified or damaged after delivery. Where several items are sold together as a single set, a change-of-mind return applies to the set in its entirety and not to individual items within it.

Customers are advised to select carefully when purchasing sale items and to obtain a sample where colour is material.

"Final sale" denotes finality for the purposes of change of mind only. It does not affect statutory rights. Where any product is faulty, unsafe, not as described or not fit for its purpose, consumer guarantees apply in full, and apply to sale, clearance, discounted, floor stock, seconds and made-to-order items on the same basis as to goods sold at full price. In such circumstances no restocking fee, return freight cost or other deduction applies.

6.3 Made-to-order and custom items

Made-to-order and custom items are manufactured to the customer's specification from materials selected by the customer and cannot be resold. They are not eligible for change-of-mind return. Where the customer cancels after approval of the specification, the following charges apply:

Time of cancellation	Charge
Before the order is placed into production or materials are ordered	The lesser of 10% of the item price and Franka's actual costs reasonably incurred
After production has commenced or materials have been ordered	The lesser of 35% of the item price and Franka's actual costs reasonably incurred
After completion	Franka will advise what portion of the cost is recoverable and will charge no more than its actual loss

In each case Franka will refund the balance of the deposit and will provide an itemised statement of the costs charged on request. Franka will not retain any amount exceeding its actual loss.

Cancellation must be confirmed in writing.

This section applies to change of mind only. Where a made-to-order or custom item is faulty, unsafe, not as described or not fit for the purpose disclosed to Franka, statutory rights apply in full, including — for a major failure — the customer's election between refund and replacement. Made-to-order status does not affect statutory rights.

6.4 Floor stock, ex-display, seconds and clearance items

All floor stock, ex-display, factory-second and clearance sales are final sale. These items are sold on a single occasion, at a reduced price, by reason of a specific condition such as a mark, a repair, a variation or wear arising from display. They are not accepted for change-of-mind return, and Franka generally holds no equivalent stock for exchange.

Where Franka sells an item on this basis, it will describe the specific condition of that item in writing before purchase and record that description on the order confirmation. The customer will have no claim in respect of the condition so disclosed, that condition being reflected in the reduced price.

Limits of "final sale". Franka does not sell goods on an "as is" basis excluding all rights. Where a floor stock or seconds item has a defect that was not disclosed, or is unsafe, consumer guarantees apply in full and no restocking fee or freight cost is payable in respect of rectification.

6.5 Price adjustments

Franka does not offer price adjustments following purchase where an item is subsequently reduced.

6.6 Gift cards

Franka gift cards are valid for not less than 3 years from the date of issue, as required by law, and the expiry date is shown on the card. No fee is charged following purchase. A partially redeemed card retains its residual balance until expiry. Gift cards may be applied to sale and clearance items, are not redeemable for cash and are not reloadable. A gift card does not constitute goods, and section 8 has no application to it. Customers should notify Franka of a lost card, and Franka will assist where the card can be identified.

7. FAULTY, UNSAFE, MISDESCRIBED OR UNFIT PRODUCTS

Where a product is faulty, unsafe, not as described, does not correspond with a sample, or is not fit for a purpose disclosed to Franka, the customer should contact support@franka.com.au, copying hello@franka.com.au.

Customers should provide:

(a) the order number and date of delivery; (b) the product name and any batch, model or date marking, where visible; (c) photographs comprising the item in full, the affected area in close-up and, in the case of a structural failure, the fracture surface; (d) a description of the circumstances of the failure and of the location and setting in which the item has been used; and (e) in the case of commercial customers, the relevant extract from the maintenance log required under section 9.6.

The item and all component parts must be retained, and must not be repaired or disposed of before Franka has had a reasonable opportunity to inspect them. Where a structural component has failed, the broken parts must be retained; the fracture surface is generally the only reliable evidence of the cause of failure.

Where a product is broken, cracked, unstable or unsafe, it must be withdrawn from use, together with other items of the same model in the same location. Any injury must be reported immediately in accordance with section 10.

The above requirements assist Franka in determining the cause of a failure. They constitute requests facilitating proper assessment and are not preconditions to rights under the Australian Consumer Law. Where the customer is unable to provide any item of information, Franka will proceed on the basis of the information available.

Remedy. Where a failure is a major failure, the customer elects between refund and replacement. Where a failure is not a major failure, Franka will repair, replace or refund the item within a reasonable time. Franka does not require customers to accept repeated repairs or replacements in substitution for a remedy they are entitled to elect.

Franka bears the reasonable cost of returning goods that fail to comply with a consumer guarantee.

Where Franka requires goods to be withdrawn from use and this leaves a commercial customer without necessary seating, the customer should notify Franka. Franka will offer loan or substitute stock so far as is reasonably practicable, or agree in writing the basis on which the customer may source replacements, so that trading is not interrupted pending investigation.

Where more than one item from the same order or batch fails in the same manner, the customer should notify Franka immediately and the matter will be treated as a batch matter rather than as a series of individual claims. Franka will investigate the batch, arrange inspection where appropriate, report its findings in writing and, where a systemic fault is identified, contact every customer supplied from that batch and take appropriate action in respect of all affected goods.

8. THE FRANKA WARRANTY

This section constitutes a warranty against defects given by Franka Pty Ltd, ABN 91 661 333 142, of PO Box 162, Strawberry Hills NSW 2012, email support@franka.com.au (copied to hello@franka.com.au). Claims may be submitted to that email address or that postal address.

8.1 Statutory rights

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

The benefits given to you by this warranty are in addition to other rights and remedies available to you under a law in relation to the goods.

This warranty is a voluntary undertaking by Franka, additional to statutory rights, in respect of defects in materials and workmanship, for the periods stated in section 8.2, subject to the exclusions in section 8.5 and the care requirements in section 9. Where statutory rights confer a greater entitlement, statutory rights prevail.

8.2 Warranty periods

Periods run from the date of delivery. Where a product comprises more than one of the components listed below, each component carries its own period. Where a product carries more than one use rating, the shorter applicable period applies.

Structural components carry a 5 year warranty in residential use. Other components carry the periods stated below.

Component	Residential use	Commercial use *
Structural — frames, bases, structural joints and welds, and moulded shells in indoor use, comprising sofas, armchairs, occasional and statement chairs, dining chairs, stacking chairs, benches, bar and counter stools, tables and desks	5 years	12 months
Sofa suspension — webbing, straps, springs and spring units	5 years	12 months
Moulded shells and plastic components in outdoor use — structural	2 years	12 months
Outdoor aluminium frames and welds	3 years	12 months
Outdoor timber — structural	2 years	12 months
Foam and fibre seat and back inserts — loss of resilience beyond the tolerance stated in section 9.7	3 years	12 months
Feather and feather-blend fill	12 months	6 months
Upholstery covers — defects in manufacture and make-up, comprising seams, stitching, panel alignment and zips as fitted	2 years	12 months
Leather upholstery — cracking, top-coat delamination, and dye or finish failure not attributable to wear, sun exposure, dryness or absence of conditioning	3 years	12 months
Table tops — solid timber, veneer and laminate	2 years	12 months
Stone and marble tops — structural integrity only	12 months	12 months
Table tops supplied without a base	12 months	12 months
Mechanisms — extension mechanisms, swivels, gas lifts and recliners	2 years	12 months
Powder coating and applied finishes — indoor	2 years	12 months
Powder coating and applied finishes — outdoor, subject to section 9.8	12 months	12 months
Mirror frames, silvering and backing	12 months	12 months
Mirror hanging hardware supplied with the mirror	2 years	12 months
Rugs — manufacturing defects	2 years	12 months
Cushion inserts sold separately	2 years	12 months
Fabric supplied by the metre — defects in the cloth as supplied	12 months, or the mill's period if longer	Same
Rope, sling, outdoor textile and outdoor cushions	12 months	6 months
Glides, feet, castors, catches, fasteners, cushion covers sold separately, and other wear and consumable items	6 months	6 months
Floor stock, ex-display, seconds and clearance items	12 months, structural components only	12 months, structural components only
Fabric and colour samples	No warranty — supplied free of charge as an indication only	—

* Commercial use means use in a commercial, hospitality, rental, institutional, hire or other non-residential setting, on a single shift, being not more than 8 hours per day and 40 hours per week. Commercial periods apply to products rated for commercial use. Customers requiring multi-shift use should contact Franka before ordering.

Franka offers a commercial warranty because it supplies cafés, restaurants and venues. The commercial period is shorter than the residential period by reason of duty cycle, as explained in section 9.2.

Where a product rated for residential use only is used in a commercial or other non-residential setting, this warranty does not cover wear, deterioration or failure attributable to that use. A residential rating reflects the duty cycle of a household, whereas a commercial venue imposes a substantially higher duty cycle on the same components (section 9.2). This is not a general forfeiture: a defect unrelated to duty cycle, such as a defective joint or a fabric fault present on delivery, remains covered. Rights under the Australian Consumer Law are unaffected.

8.3 Claim procedure and Franka's undertakings

Claims should be submitted by email to support@franka.com.au, copied to hello@franka.com.au, or in writing to the address stated in section 14, together with the information listed in section 7 and proof of purchase. The item and all component parts must be retained, must be withdrawn from use if unsafe, and must be made reasonably available for inspection.

Franka will:

1. acknowledge the claim within 2 business days;
2. within 5 business days, advise what is required to assess the claim, whether inspection is required, and which party bears the cost of inspection;
3. provide a substantive written response within 15 business days of receipt of the required information; where assessment requires independent inspection or a manufacturer's report, Franka will notify the customer and provide a revised timeframe;
4. where the claim is accepted, repair the item, replace it, or supply replacement parts, at Franka's cost, within a reasonable time — or, where the customer holds a right of election under the Australian Consumer Law, provide the remedy elected; and
5. where the claim is not accepted, provide written reasons specific to the item rather than by general reference to these Terms, and advise the escalation procedure.

8.4 Costs of claiming

Franka bears the cost of assessing and rectifying a valid claim, including any inspection required by Franka, parts, labour, and return of the item to Franka and to the customer where return is necessary.

The customer bears only incidental costs of its own, such as a courier engaged by the customer in preference to the arrangements offered by Franka.

Where the customer incurs a cost in making a claim that is subsequently determined to be valid, Franka will reimburse that cost on production of a receipt. Under the Australian Consumer Law the customer may recover the reasonable costs of returning goods that fail to comply with a consumer guarantee.

Where an inspection funded by Franka establishes that the cause was damage or use outside intended use rather than a defect, Franka may require the customer to bear the reasonable cost of that inspection, but only where Franka has notified the customer in writing in advance that this may occur and of the amount involved.

8.5 Exclusions

This warranty covers defects in materials and workmanship. It does not extend to the following, which do not constitute defects. Each is addressed in section 9.

(a) Damage arising from use outside intended use — tilting, rocking or balancing seating on two legs; standing, kneeling or jumping on furniture, or sitting on backrests or arms; use as a step, ladder or platform; exceeding a rated user mass or stated seating capacity; dragging in lieu of lifting; suspending loads from a backrest; stacking above the stated limit, moving stacks otherwise than on a trolley, or storage under stack compression; use on an uneven, soft or unstable floor; and continued use of an item that is loose, unstable, cracked or missing a fastener. Sections 9.3 to 9.5.

(b) Inadequate maintenance — failure to perform the fastener and joint inspection regime at the stated intervals; failure to replace worn glides; and failure to perform the outdoor and coastal maintenance regime. Sections 9.6 and 9.8. This exclusion applies to damage caused by the omission. It does not operate as a general forfeiture and has no application where the component was itself defective.

(c) Inherent characteristics of materials — leather grain, colour and marking variation, healed scars, veining, wrinkling and patina; foam and fibre softening and compression within the stated tolerance; flattening of feather fill between plumpings; cover relaxation, stretching and creasing; velvet pile crush and pressure marking; pilling and lint; fading on exposure to light; timber grain and colour variation, seasonal movement, shrinkage, swelling and surface checking; outdoor timber silvering, checking and tannin bleed; stone veining, fissures and polish variation; rug shedding, sprouting, pile reversal and shading; batch variation; and variation between a sample, a screen image or a display piece and the delivered item. Sections 9.7, 9.8, 9.10 and 9.11.

(d) Chemical and staining damage — staining, softening, crazing, tackiness, coating lift or colour transfer arising from sunscreen, tanning products, insect repellent (including DEET), cosmetics, hair products, perspiration or body oils; etching or staining of stone by acids, oils or unsuitable cleaners; damage from solvents, kerosene, silicone products, bleach, abrasives, chloride-based cleaners or any product not recommended for the material; damage from chlorinated or salt-chlorinated pool water, spa chemicals or fertilisers; and dye transfer into pale materials from non-colourfast fabric. Sections 9.7 and 9.8.

(e) Environmental damage — corrosion, rust, oxidation, tea staining, blistering, chalking or gloss loss where the coastal maintenance regime has not been performed, or where an item not rated for a surf-zone location has been installed in one; mildew arising from storage or covering of damp cushions or furniture; use of indoor-rated furniture outdoors, or of sheltered-rated furniture uncovered; water damage, flood, standing water, storm, wind, hail, lightning, fire, smoke and extreme heat; and UV fade, chalking, gloss loss and surface degradation of materials exposed to sunlight. Section 9.8.

(f) Installation, assembly and handling — incorrect or incomplete assembly, over-tightening, use of fittings not supplied, or use before fasteners were fully tightened; damage occurring while moving furniture after delivery; failure of a table top attributable to inadequate or unlevel support; and, in the case of mirrors, any matter arising from installation, from under-rated or unsuitable fixings, from unsuitable substrate, from single-point suspension, or from a leaning mirror overturning. Sections 9.9 and 9.12.

(g) Other — breakage, chipping or scratching of glass and mirrors after delivery; normal wear and tear and normal deterioration of consumable components; products modified, repaired or altered without Franka's written approval, or repaired using parts not supplied by Franka, where the modification or repair caused or contributed to the failure; and any condition specifically disclosed to the customer before purchase under section 6.4.

None of the above limits rights under the Australian Consumer Law, including the right to compensation for reasonably foreseeable loss or damage caused by a failure to comply with a consumer guarantee.

8.6 Beneficiaries

This warranty is given to the original purchaser and is transferable to a subsequent owner for the balance of the applicable period, on production of the original proof of purchase.

8.7 Spare parts and discontinued products

Franka maintains reasonable availability of structural spare parts, fixings and glides for products in its current range and for 5 years following discontinuation, for household and commercial customers alike. In respect of products manufactured by third parties, Franka maintains equivalent availability where its agreement with the manufacturer permits, and will advise at the time of order where it does not.

Where a product has been discontinued and Franka is unable to repair, replace or match it, Franka will notify the customer promptly and offer the closest available alternative or a refund.

8.8 Escalation

1. The customer should notify Franka in writing, to the person who assessed the claim, stating the grounds of disagreement.
2. The customer may request escalation to management. Franka will provide a substantive response within 10 business days.
3. Failing resolution, the customer may refer the matter to the consumer protection agency in the relevant State or Territory (in New South Wales, NSW Fair Trading), or to a tribunal or court.

Nothing in these Terms requires a customer to exhaust Franka's internal process, and nothing in these Terms limits the time within which a claim may be brought.

9. INTENDED USE, CARE AND MAINTENANCE

9.1 Purpose and effect of this section

This section specifies the applications for which each Franka product is designed, the care and maintenance it requires, and the uses that fall outside its intended use. It forms part of the contract.

It operates in three respects. It states the matters relevant to the assessment of acceptable quality, which under the Australian Consumer Law is determined by reference to what a reasonable consumer fully acquainted with the nature of the goods would regard as acceptable, having regard to the nature and price of the goods and any statements made about them. It states the applications for which the goods are fit, disclosure of the customer's intended application being governed by section 3.2. And it distinguishes a defect, being a fault in the manufacture or specification of a product, from damage, being harm caused to a sound product by the manner of its use, installation, cleaning or storage.

Nothing in this section limits, excludes or modifies any right or remedy under the Australian Consumer Law. This section states matters of fact concerning the design of the products and the causes of their failure.

9.2 Use ratings

Each product is assigned one or more of the following ratings, stated on the product page and on the order confirmation.

Rating	Application	Typical setting
Residential	Designed and tested for the frequency, duration and user profile of a private household.	Dwellings and apartments.
Residential + Light Commercial	Suitable for a low-traffic commercial setting involving predictable, supervised use and a single shift of trading.	Boutique retail, private offices, hotel guest rooms, showrooms.
Commercial — General	Designed for daily multi-user commercial service on a single shift.	Cafés, restaurants, small function spaces.
Commercial — Severe	Designed for high-turnover public venues, extended trading hours and unsupervised public use.	Hotels, clubs, bars, event venues.
Outdoor — Sheltered	Outdoor use under permanent cover, protected from direct rain, standing water and direct salt spray.	Covered terraces and verandahs.
Outdoor — Exposed	Outdoor use without cover, subject to the corrosivity limits in section 9.8.	Courtyards, pool surrounds, gardens.

Single shift means not more than 8 hours per day and 40 hours per week, being the standard definition applied in the commercial furniture industry. Multi-shift means use in excess of those hours. A venue trading twelve hours per day, seven days per week is a multi-shift venue and requires product rated accordingly; customers in that category should notify Franka, the duty cycle imposed on seating in such a venue being approximately three times that assumed by a single-shift rating.

Where a product carries more than one rating, the obligations applicable to the setting in which it is used apply while it is used in that setting, and the shorter applicable warranty period applies. Where a product is relocated from one setting to another — from indoors to outdoors, from sheltered to exposed, from a dwelling to a venue, or from an inland to a coastal location — the requirements applicable to the new setting apply from that time.

Basis of the distinction. Commercial-rated seating is not residential-rated seating under a different designation. Where seating is tested to recognised strength and durability standards, the pass thresholds for general commercial use and for severe commercial use differ materially, both in the cyclic loading a chair must withstand and in the static and impact loads it must carry. The duty cycle differs by more than an order of magnitude: a household dining chair may be subject to three to five sit-and-stand cycles per day, whereas a chair in a high-turnover café, with tables turned four times per service, seven days per week, is subject to sixty to one hundred or more such cycles, by adult users of unknown mass, and is additionally subject to rearward tilting, dragging, loading of the backrest and nightly stacking.

Load ratings. Where a product carries a stated load rating, two distinct figures may be encountered.

• Rated user mass is the maximum mass of an occupant for which the product is designed in ongoing normal service.
• Static load capacity is a single-event test load applied once under laboratory conditions to demonstrate a margin of safety. It is not a service rating and must not be treated as a permitted occupant mass.

Where a product page states a maximum load or load rating, that figure is the maximum occupant mass for that product in normal service. Where no figure is stated, customers should contact Franka before specifying the product for a user or setting in which load is material, and Franka will advise what documentation it holds. Where certification or a test report is required for a tender, specification or insurer, customers should contact Franka, which will identify the documentation existing for the relevant model. Franka does not describe a product as certified, rated or tested to a standard except where it holds the document evidencing that certification.

9.3 Seating — intended use

Franka seating is designed, manufactured and rated for use as seating, with all legs or base contact points in continuous contact with a level, firm floor.

Chairs, stools and armchairs are designed for one occupant per designated seat. Benches and sofas are designed for the number of occupants, or total occupant mass, stated on the product page, which figure governs notwithstanding the number of persons the item may physically accommodate. Occupants must not sit or stand on the unsupported end of a bench, or on the arm or back of a sofa.

The following applications fall outside the intended use of Franka seating and cause identifiable and mechanically predictable damage to sound furniture:

(a) tilting, rocking, balancing or pivoting the chair rearwards on two legs, or laterally on two legs (see section 9.4);

(b) standing, kneeling or squatting on the seat, or sitting on the backrest or arms. A person standing on a seat applies a concentrated point load through a shoe sole to a surface designed for a distributed load, at a height that introduces an overturning moment. Use of a chair or stool as a step, ladder, platform or trestle is outside its intended use;

(c) use of stretchers, rails or footrests as steps where not designed for that purpose. Horizontal stretchers between chair legs are structural bracing and not treads;

(d) suspension of bags, coats, aprons or other loads from the backrest, which applies a sustained rearward moment to the rear-leg joint over extended periods, being the same load direction as tilting;

(e) dragging in lieu of lifting, which applies a lateral impulse at the leg-to-rail joint whenever a leg catches, and destroys glides, following which the exposed leg end abrades, splits and scores the floor;

(f) exceeding the rated user mass or the stated capacity of a bench or sofa, including seating two persons on a single-seat chair, and children standing or jumping on seating;

(g) use on an uneven, soft or unstable floor. A chair on an unlevel floor is permanently racked, the frame being held out of square and one or more joints carrying a static bias load continuously. Where a floor is not level, it must be levelled or adjustable glides fitted;

(h) continued use of seating that is loose, unstable, creaking, cracked, or that has a loose, missing or damaged fastener or glide (see sections 9.6 and 9.13);

(i) modification, including cutting, drilling, welding, the addition of castors, the addition or removal of components, or repair using parts not supplied by Franka, except with Franka's written approval. Re-upholstery performed competently does not constitute modification for this purpose; and

(j) use as a bed. Sustained recumbent loading on a seat and back designed for upright seating loads the frame in a direction for which it is not designed.

9.4 Rearward tilting

Rearward tilting is the most common cause of chair failure in commercial venues, and the mechanism is well established.

Mechanism. With four legs in contact with the floor, the occupant's mass is distributed across four contact points and the seat frame carries the load principally in compression and shear. On rearward tilting, the entire occupant load, together with dynamic overshoot, transfers onto two rear legs. Those legs act as cantilevers, and the occupant's weight acts at a horizontal offset from the contact points, generating a substantial bending moment at the junction of the rear leg and the seat side rail. Published engineering analysis of chair frames under front-to-back loading establishes that the leg-to-side-rail joints carry the majority of the moment so generated, which is why failure occurs at that joint rather than in the leg itself.

Progressive nature of the failure. The failure is one of progressive fatigue rather than single-event overload. Repeated tilting applies reversing moments to the rear-leg joint; the adhesive bond line or weld develops micro-cracking; the joint develops free play; the frame racks out of square; and the resulting movement increases eccentricity, which increases the moment and accelerates the damage. The process ordinarily produces detectable looseness, movement or noise well before the joint fractures. The inspection regime in section 9.6 is directed to that period: a joint identified while loose can be re-tightened, whereas a fractured joint cannot.

Absence of any applicable standard. No Australian, European or North American seating standard subjects a chair to repeated cyclic loading while balanced on two rear legs. The long-cycle durability tests underpinning commercial ratings are performed with all four legs in contact with the floor, which represents a materially different load path. A chair certified to the highest severe-commercial level available may nonetheless fail as a result of habitual two-leg tilting, and no chair is designed or warranted against it.

Recommendations for commercial venues. Franka recommends that floor staff be instructed to reset and re-seat chairs rather than permit patrons to rock on them where practicable; that the inspection regime in section 9.6 be performed without exception, so that a loosening joint is identified before fracture; and that Commercial — Severe rated seating be specified where patrons are unsupervised for extended periods.

Damage caused by tilting, rocking, standing on, dragging or overloading seating constitutes damage arising from use outside intended use rather than a defect in the goods as supplied. This does not limit any right under the Australian Consumer Law.

9.5 Stools, mechanisms and stacking

Stools. Bar and counter stools are subject to sections 9.3 and 9.4 and to the following additional considerations.

(a) A higher centre of gravity reduces the stability margin. A lateral force absorbed by a dining chair will overturn a bar stool, and the resulting fall is from a greater height. Rearward leaning on a stool, particularly a backless or low-back stool, is more likely to overturn it than to fatigue it.

(b) The occupant's feet are not in contact with the floor. On a dining chair the occupant's feet share the load and damp movement. On a stool they do not, with the result that a greater proportion of the load and all dynamic movement are transmitted through the frame.

(c) The footring is a concentrated load point and a known wear point, carrying the occupant's full leg weight through two small contact patches. It must be included in every inspection and must not be used as a step.

Stools must not be rocked, spun forcibly or leaned rearwards onto two legs, must not be stood upon, and must be kept clear of the edge of any step or platform.

Swivels, gas lifts and extension mechanisms. Occupants must not sit down heavily onto a swivel or gas-lift seat, and such seats must not be used as a lever. Gas lifts must not be dismantled, being pressurised cartridges requiring removal and disposal by a competent person. A gas lift that descends unexpectedly, fails to hold height, or is loose in its column must be withdrawn from use immediately and reported to Franka. Extension mechanisms must be operated gently and leaves supported during insertion and removal. Moving joints must be lubricated in accordance with the product instructions.

Stacking. Franka stacking chairs and stools must not be stacked more than 4 units high, whether on the floor or on a transport trolley, unless the product page states a higher figure for the relevant model. In addition:

(a) stacks must stand on a level, firm floor, clear of walkways, doorways and fire egress paths; (b) stacks must not be moved by pushing, dragging or walking, and may be moved only on a purpose-made stacking trolley; (c) different models must not be stacked together, shells and frames not designed to nest bearing on each other at unintended points; (d) wet chairs must not be stacked, and chairs must not be left stacked while wet; (e) stacks must not be sat upon, stood upon or climbed; and (f) chairs must not be stored permanently stacked. Sustained compressive load on the legs, glides and shell of the lowest unit causes permanent set and deformation, particularly in polypropylene. Stacks must be rotated, or chairs stored unstacked, where they are out of service for extended periods.

Damage caused by stacking above the stated limit, by toppled stacks, by moving stacks otherwise than on a trolley, or by compressive set in storage constitutes damage rather than a defect in the goods as supplied. This does not limit any right under the Australian Consumer Law.

9.6 Inspection and re-tightening

Joints in seating loosen in normal service. Every fastener will in time work loose, and a loose joint is the first stage of the fatigue sequence described in section 9.4.

Product	Residential	Commercial
Dining chairs, stacking chairs, benches, bar and counter stools	Every 3 months	Monthly
Sofas and armchairs — leg and frame fixings	Every 6 months	Every 3 months
Tables — leg, base and top fixings	Every 6 months	Every 3 months
Outdoor furniture fasteners	Every 3 months	Monthly

At each inspection:

1. check and hand-tighten every accessible bolt, screw, nut and knob, to a snug and not a forced condition;
2. check every joint, weld, corner block and stress point for movement, gaps, cracking or splitting. Firm hand pressure must be applied to the rear legs specifically, and any movement between leg and rail noted;
3. check glides and feet for wear and replace worn glides immediately; and
4. withdraw from use any item that is unstable, creaking, cracked, or that has a loose or missing fastener, and notify Franka.

Commercial customers must maintain a dated written maintenance log recording each inspection, the person performing it, the findings and the action taken, and must retain it for the service life of the furniture. Franka will provide a template on request.

Damage arising from loose, missing or damaged fasteners or glides not identified and rectified in accordance with this section constitutes damage rather than a defect in the goods as supplied, and is not covered by the Franka Warranty. Rights under the Australian Consumer Law are unaffected, and this section has no application where the fastener or fixing was itself defective.

9.7 Upholstery, foam, feather and leather

Inherent characteristics. The following are inherent characteristics of the materials and do not constitute defects:

(a) variation in leather grain, colour, thickness, veining, wrinkling, healed scars, tick marks, insect marks and brand marks; (b) development of patina, and colour deepening or lightening, in aniline and semi-aniline leathers; (c) softening, compression and body-shaping of foam and fibre fillings. Seat and back cushions may lose up to 20% of their original loft through normal use, principally within the first twelve months; (d) flattening of feather and feather-blend fillings between plumpings. Feather cushions flatten visibly within hours of use and require plumping after each use to maintain their form; (e) relaxation, stretching and creasing of covers as they settle to the frame and to the user; (f) in cut-pile and velvet fabrics, pile crush, pressure marking, shading, watermarking and cushion print, being the flattening and directional shading of pile at points of contact. Such marking is inherent to the construction; it is partially reversible by steaming or brushing and partially permanent; (g) in loop, bouclé and textured weaves, occasional snags and pulls arising from rings, buckles, zips, animal claws and footwear. A pull must be cut level with scissors and must not be drawn through; (h) pilling, fuzzing and lint accumulation, in both natural and synthetic upholstery; (i) fading of fabrics, leathers, timbers and finishes on exposure to light, direct sunlight materially accelerating the process; (j) minor variation in cushion dimensions, fill weight and seam placement in hand-made and hand-filled upholstery; and (k) variation between a sample and the delivered item, and between production batches (section 3.6).

Fabric suitability for commercial use. Upholstery durability is measured by abrasion resistance under the Martindale test, expressed in cycles. As a general guide, results below approximately 15,000 cycles indicate decorative or light domestic application; 15,000 to 25,000 general domestic; 25,000 to 40,000 heavy domestic and light contract; and 40,000 and above the range appropriate to hospitality and contract application. Customers specifying upholstery for a commercial venue should request the performance data for the relevant fabric before ordering, and Franka will provide the data it holds. Where a customer selects a fabric with an abrasion rating below the range appropriate to the intended setting, Franka will advise in writing, and wear attributable to that selection does not constitute a defect.

Care.

(a) Vacuum weekly using a soft brush attachment. Retained grit is abrasive and accelerates wear. (b) Plump feather and fibre cushions after each use. Rotate and reverse loose cushions weekly. (c) Blot spills immediately using a clean, dry, colourfast white cloth, working from the perimeter of the spill inwards. Do not rub, scrub or saturate. (d) Do not apply solvents, kerosene, silicone products, bleach or any cleaning product not recommended for the specific material. Do not steam clean or wet clean except where permitted by the fabric's care code. (e) Keep upholstery out of direct sunlight and away from direct heat sources. (f) Refer significant marks promptly to an upholstery cleaning specialist.

Leather — additional requirements. Aniline and semi-aniline leathers are minimally coated, which produces their depth and patina and renders them absorbent.

(a) Blot spills immediately. An aniline hide absorbs liquid within seconds, and a spill left for a short period will mark permanently. (b) Body oils, hair products and sunscreen are absorbed at points of contact. Over an extended period this constitutes patina; over a shorter period in an unprotected position it produces localised darkening. A throw may be used at the head contact point. (c) Condition every 6 to 12 months using a conditioner suitable for aniline or semi-aniline hide, tested first on a concealed area. Saddle soap, solvents, silicone polishes, moist wipes and general-purpose cleaners must not be applied to any Franka leather. (d) Keep leather out of direct sunlight and away from heaters and air conditioning outlets. Sunlight fades and desiccates hide, and desiccated hide cracks. This is the principal cause of premature leather failure and is entirely a function of position.

Colour transfer. Dark and deeply pigmented materials, including black and dark polypropylene, powder coating, dyed rope, pigmented leathers and dark textiles, may transfer a degree of colour to skin or light-coloured clothing. Transfer is most likely when the item is new, warm or damp, and on contact with perspiration, body oils or sunscreen. It is a characteristic of pigmented materials rather than a defect and diminishes with use and cleaning. Where a product is known to be susceptible, Franka states this on the product page.

Conversely, non-colourfast dark clothing, particularly raw and dark denim, transfers dye into pale upholstery, pale leathers and light rope. Such transfer is generally permanent and does not constitute a defect in the furniture. The same applies to dark accessories, including those supplied by Franka: a dark or indigo cushion or throw may transfer dye into a pale sofa against which it rests, particularly where either is damp. Dark accessory covers should be laundered before first use and tested on a concealed area.

Sunscreen, insect repellent and skin-contact chemicals. This subsection is of particular relevance to outdoor, poolside, coastal and tropical settings.

Sunscreen and tanning products contain oils, esters and silicones which act as solvents for disperse dyes, dissolving colour from synthetic fabrics and rope and carrying both the dye and their own residue into the substrate. They further bond to, yellow and dull polyurethane and vinyl coatings and powder coating. Separately, avobenzone, the UVA filter present in a substantial proportion of sunscreens, oxidises on contact with iron in water and produces orange or rust-coloured staining on fabric. Mineral sunscreens based on zinc and titanium do not produce this effect.

Insect repellent containing DEET is a recognised plasticiser and organic solvent. The United States National Pesticide Information Center states that DEET "is a plasticizer and can damage certain rubber, plastic, vinyl, or elastic materials such as contact lenses, eyeglass frames and lenses, watch crystals, combs, painted and varnished surfaces, and certain synthetic or treated fabrics." DEET may swell and soften plastics, leach plasticisers from vinyl and polyurethane coatings, cause crazing in stressed plastic components, lift and soften lacquer, varnish, paint and certain powder coatings, and mobilise dyes such that colour transfers from any dark surface it wets. Natural fibres including cotton and wool are not affected; polypropylene and polyethylene are comparatively resistant.

Staining, discolouration, softening, crazing, tackiness, coating lift or colour transfer arising from contact with sunscreen, tanning products, insect repellent, cosmetics, hair products, perspiration or body oils constitutes damage from an external chemical rather than a defect in the goods as supplied, and is not covered by the Franka Warranty. This does not limit any right under the Australian Consumer Law.

Such residues should be removed on the day of contact using a mild pH-neutral detergent and clean fresh water, and the surface dried. In venues where guests are likely to have applied sunscreen or repellent, washable slip covers or seat pads on upholstered and coated seating are recommended, together with rinsing of hard seating surfaces at close of trade.

9.8 Outdoor furniture, including coastal and tropical locations

Sheltered and exposed applications. Products rated Outdoor — Sheltered must be kept under permanent cover, protected from direct rain, standing water and direct salt spray. Products rated Outdoor — Exposed may be used uncovered, subject to the corrosivity limits below. No Franka product is rated for permanent immersion, for use in or adjacent to a spa, or for a location in which it stands in water.

Indoor-rated furniture used outdoors will fail, including on a covered balcony. Timber moves and checks, fasteners corrode, foam retains water, fabric develops mildew and finishes lift. Indoor-rated products used outdoors are not covered by the Franka Warranty.

Corrosivity zones. Australia applies a formal framework for atmospheric corrosivity ranging from C1 (dry interior) to C5 (extreme, being within approximately 50 metres of unsheltered sea or within a surf zone). Far North Queensland, the Northern Territory coast, the Whitsundays and beachfront locations generally constitute the most aggressive environments in Australia, combining unsheltered tropical coast with year-round high humidity and temperature, which materially extend time-of-wetness and accelerate every degradation mechanism.

The controlling variable is rinsing frequency rather than rainfall. Salt is hygroscopic: unrinsed salt draws moisture from humid air and maintains a metal surface in a permanently wet condition irrespective of rainfall.

Where outdoor furniture is installed within 1 km of still marine water, within 5 km of a surf beach, or in a tropical coastal zone, the following apply as conditions of the Franka Warranty on frames, fasteners and finishes:

(a) Fresh-water rinsing. All surfaces must be rinsed with clean fresh water at least fortnightly, and weekly where the item is within 200 metres of the water, is sheltered from rain such that salt is not removed by natural means, or is subject to direct salt spray or pool splash. Rinsing must extend to concealed surfaces, including undersides, tube ends and open sections, fastener heads, weld zones, areas beneath glides, and rope terminations, salt concentrating in such crevices and not drying.

(b) Powder-coated surfaces must be washed with a mild pH-neutral detergent and rinsed thoroughly at least every 3 months, and a protective non-abrasive wax applied at least twice per year, or quarterly in a beachfront location. Powder coating is not impermeable, and salt will penetrate a porous or damaged coating and lift it from beneath.

(c) Stainless steel must be washed every 3 to 6 weeks in high-exposure locations and every 2 to 3 months in moderate exposure, using mild detergent and clean fresh water only. Abrasives, steel wool and chloride-containing cleaners must not be used.

(d) Coating damage must be repaired immediately. Any scratch, chip or exposed edge constitutes a point of ingress, corrosion propagating beneath the coating from a single scratch.

(e) Covers must not be fitted, and items must not be stacked, while furniture or cushions are wet.

(f) Timber outdoor components must be cleaned and re-oiled or re-sealed at the interval stated on the product page.

Tea staining. Light brown surface discolouration of stainless steel in coastal atmospheres is known as tea staining. The Australian Stainless Steel Development Association describes it as "a cosmetic issue that does not affect the structural integrity or the lifetime of the material." It occurs most readily within approximately five kilometres of a surf beach and one kilometre of still marine water, and in certain conditions at greater distances. It does not constitute a defect and is removed by regular light washing in accordance with paragraph (c).

Exclusions. The Franka Warranty on frames, fasteners and finishes does not extend to corrosion, oxidation, rust, blistering, chalking, gloss loss or coating lift where the above regime has not been performed; where the item is installed in a surf-zone or beachfront location and was not supplied specifically rated for that location; where it has been exposed to chlorinated or salt-chlorinated pool water, spa chemicals, fertilisers or cleaning chemicals; or where an item rated Outdoor — Sheltered has been used uncovered. This does not limit any right under the Australian Consumer Law, and has no application where the coating or component was itself defective.

Customers purchasing for a coastal, beachfront or tropical venue must notify Franka, which will advise in writing before order what may and may not be supplied for that location. A frame and coating specification appropriate to a beachfront site is a materially different product from a standard architectural powder coat.

Moulded polypropylene in outdoor use. Polypropylene is resistant to solvents and salt. Franka's moulded chairs are manufactured from UV-stable polypropylene, in which UV stabilisers are compounded into the material to retard ultraviolet degradation. UV-stable is not UV-proof; no polymer is, and Australian ultraviolet levels are at the severe end of the global range. The following accordingly occur over time in a permanently uncovered position and do not constitute defects: surface chalking, being a fine powdery bloom of released pigment which will mark clothing; gloss loss; colour fade, particularly in reds, oranges and deep greys; and eventual surface embrittlement and micro-crazing. In addition, a shell that is hot to the touch must not be sat upon heavily, stacked or loaded, and chairs must not be left stacked in direct sunlight, the combination of heat and compression producing permanent deformation. Storage or covering of polypropylene seating out of direct sunlight outside trading hours materially extends its service life.

Outdoor timber. The following are inherent characteristics and do not constitute defects: silvering and greying, all uncoated and oiled outdoor timber weathering to a silver-grey, which is a surface effect not affecting strength; end-grain checking and surface splitting, movement, minor cupping and twist, and raised grain following rain; tannin bleed, being brown or black staining leaching onto paving, decking, cushions and clothing, most pronounced in the first year and following rain; and mould or mildew spotting in humid and shaded positions. Retention of the original colour requires oiling at the stated cycle on a continuing basis. Pressure washers must not be used, and outdoor timber must not stand in water or on wet soil.

Wind, storm and surface temperature.

(a) Outdoor furniture must be secured or stored in high wind. Lightweight chairs, table tops and items fitted with umbrellas become projectiles in storm conditions and must be stacked and stored, weighted, or brought indoors when strong wind is forecast.

(b) Umbrellas. Where a table incorporates an umbrella aperture, only an umbrella fitted with an appropriately weighted base may be used. The table does not constitute the anchor, and use of a table as an anchor will result in the table being overturned or the aperture torn out.

(c) Surface temperature. Dark powder-coated metal and dark timber attain surface temperatures in Australian summer conditions capable of causing burns, particularly to children. Surfaces should be checked before guests are seated, cushions used, and seating shaded where practicable.

Outdoor cushions, slings and rope are consumable, high-wear components carrying the shortest warranty periods in the range, being continuously exposed to ultraviolet light, water, chlorine, sunscreen, repellent and abrasion. Cushions must be stored dry and under cover when not in use, stood on edge to drain following rain, and dried fully before stacking or covering, retained moisture producing mildew, which does not constitute a defect. Fade is expected in all outdoor textiles. Rope must be rinsed weekly where exposed to salt water and monthly otherwise.

9.9 Mirrors

Mirrors are supplied without wall fixings, and Franka does not install them.

Wall construction in Australia varies materially, comprising plasterboard on timber or steel studs, brick, block, tile over any of those, fibre cement, rendered substrates and lath and plaster. Franka is not in a position to know, inspect or assess the wall at the customer's premises. Selection of fixings is accordingly the customer's responsibility.

Customer obligations:

(a) The mirror must be installed by a competent person. For any mirror exceeding 15 kg in weight, and for every mirror installed in a commercial or public venue, professional installation is required. Customers should confirm that any installer engaged carries appropriate insurance.

(b) Fixings must be rated for not less than four times the weight of the mirror and appropriate to the actual substrate, engaging structural framing or proprietary cavity anchors rated for the load. The weight of each mirror is stated on its product page.

(c) Picture hooks, adhesive strips, adhesive hooks and comparable fixings must not be used for a wall-hung mirror.

(d) Where a mirror is fitted with two D-rings or hanging plates, both must be fixed independently to the wall and level with each other. Wire, cord, rope or chain must not be run between the two fittings so as to suspend the mirror from a single point, such an arrangement consolidating two load paths into one and approximately doubling the load upon it.

(e) Mirrors must be positioned clear of door swings, high-traffic paths and locations in which they may be struck.

(f) Mirrors leaned against a wall constitute an overturning hazard, and must be secured to the wall by an anti-tip restraint, kept away from children, and positioned where they cannot be climbed or pulled.

Where a mirror forms part of the building fabric, including wardrobe doors and sliders, wet areas, gymnasium or studio wall linings, and mirrors adhered as wall lining, safety glazing and compliant installation may be required by law. Customers should confirm the position with their installer or building certifier before ordering. Framed decorative wall mirrors and freestanding leaning mirrors constitute furniture rather than building glazing and are not supplied as safety glazing except where the product page so states. For commercial venues, Franka recommends specification of safety-backed or laminated glass for any large mirror irrespective of legal requirement.

Franka accepts no responsibility for damage to the mirror, the wall, other property or any person arising from installation, from unsuitable or under-rated fixings, or from unsuitable substrate. Breakage, chipping or scratching of mirror glass after delivery constitutes damage rather than a defect in the goods as supplied. This does not limit any right under the Australian Consumer Law.

9.10 Timber, tables, stone and glass

Solid timber is hygroscopic, absorbing and releasing moisture in response to ambient conditions and altering in dimension accordingly throughout its service life. The following are inherent characteristics and do not constitute defects: variation in grain, figure, colour and density between boards and between a sample and the delivered item; seasonal shrinkage and swelling across the grain, with minor gapping at glue lines in dry conditions; fine surface checking at end grain; minor cupping of wide solid tops; colour change on exposure to light; and movement of solid tops relative to fixed bases, for which reason tops are fixed by mechanisms permitting such movement.

Timber furniture must be kept in a stable indoor environment, away from heaters, air conditioning outlets and direct sunlight. Timber furniture must be acclimatised before assembly, by standing unwrapped and unassembled in the room in which it will be used for 7 to 14 days. This requirement is of particular importance where furniture is transported between climate zones. Coasters, mats and trivets must be used, spills blotted immediately, water not permitted to stand on a timber surface, items lifted rather than dragged, and solvents, silicone polishes and abrasive cleaners not applied to finished timber.

Tables are designed to carry distributed loads on the top surface. They are not designed to be sat, stood, kneeled or leaned upon, and are not work benches. Concentrated loads must not be applied to an unsupported edge or overhang, and any stated load capacity must not be exceeded.

Stone and marble. Natural stone is a geological material. Veining, colour and pattern variation, variation from a sample or image, natural fissures, pin holes, minor filled voids and variation in polish across a surface do not constitute defects.

Marble and other calcareous stones are porous and acid-sensitive. They etch permanently on contact with acids including citrus, vinegar, wine, tomato, coffee and carbonated beverages, and with many proprietary cleaning products, and stain on contact with oils. Etching is a chemical reaction with the stone rather than a coating failure and does not constitute a defect. Coasters and placemats must be used at all times and spills blotted immediately. Cleaning must be undertaken using a pH-neutral stone cleaner only; vinegar, citrus cleaner, bleach, bathroom cleaner, scourers and abrasives must not be used. Stone should be sealed on installation and re-sealed at the interval recommended by a stone specialist. Stone tops are heavy and brittle and must be lifted flat by not fewer than two persons, must not be carried on edge, and must not be levered. Stone tops are not rated for outdoor use except where the product page so states.

Table tops supplied without a base. Where a top is purchased separately, the adequacy of the support is a matter for the customer. The base must provide continuous, level bearing across the full support area stated on the product page and must be rated to carry the weight of the top with an adequate margin; the weight and minimum support requirement are available from Franka on request. The maximum unsupported overhang stated on the product page must not be exceeded, stone in particular failing in tension at an unsupported edge without warning. The base must be level and must not twist, a stone or glass top on a racked base carrying a permanent torsional load. The top must be fixed only by the method specified by Franka, and a stone top must not be drilled, cut or chased. Franka is not responsible for failure of a top attributable to inadequate, uneven, undersized or unlevel support, or to a base not supplied by Franka. This does not limit any right under the Australian Consumer Law, and has no application where the top itself was defective.

Glass components must not be subjected to impact, point loads, thermal shock or torsion arising from an unlevel base. Breakage, chipping or scratching of glass after delivery constitutes damage rather than a defect in the goods as supplied.

9.11 Rugs

The following are inherent characteristics of hand-made and natural-fibre rugs and do not constitute defects: shedding, new wool rugs shedding loose fibre substantially during the first three to six months; sprouting, being individual tufts rising above the pile, which must be cut level with scissors and must not be pulled; pile reversal, shading and watermarking, being apparent light and dark areas arising from pile lying in differing directions, which is an optical effect and permanent in certain constructions; colour, dimension and pattern variation between batches, between a sample and the delivered rug, and between a screen image and the rug; fading on exposure to light; flattening in traffic paths and beneath furniture legs; and dimensional tolerance in hand-made rugs.

A quality non-slip underlay must be used at all times. This is a safety requirement. A rug laid on a hard floor without underlay will slip, presenting a fall hazard, and underlay additionally prevents creeping, rucking and premature wear. Rugs are not supplied with underlay.

Rugs must be rotated regularly, vacuumed without a beater bar on loop pile, spills blotted immediately, and cleaned professionally. Wet cleaning, machine washing and steam cleaning must not be undertaken.

9.12 Assembly, handling and floor protection

(a) Assembly must be undertaken strictly in accordance with the supplied instructions, using the supplied fittings, in the stated sequence. Items must not be part-assembled and placed into use. All fasteners must be fully tightened before first use and re-checked after the first two weeks, components bedding in during that period.

(b) Fasteners must not be over-tightened. A stripped thread or split timber resulting from excessive torque constitutes damage.

(c) Furniture must be lifted rather than dragged, using two persons for heavy, awkward or long items. Table tops must be carried flat. Furniture must not be lifted or dragged by its top, arms, backrest or a single leg.

(d) Appropriate floor protection must be fitted and maintained, comprising felt pads on hard floors and timber and suitable glides on carpet, and must be checked and replaced regularly. In hospitality applications, glides on chairs dragged across tiled floors wear within months. Glides are consumable items and their replacement is the responsibility of the owner.

Floor damage caused by worn, missing or inappropriate glides, or by dragging, constitutes damage rather than a defect in the goods as supplied, and Franka is not responsible for damage to floors, walls, door frames or fittings so caused. This does not limit any right under the Australian Consumer Law, and has no application where the glide or fitting was itself defective.

9.13 Structural failure — withdrawal from use and notification

Where any Franka furniture breaks, cracks, collapses or becomes structurally unstable, the customer must:

1. immediately withdraw that item, and every other item of the same model in the same location, from use;
2. retain the failed item, including all broken parts, and not repair, modify, discard or dispose of it, the failed component being the only reliable evidence of the cause of failure;
3. photograph the failure in situ before the item is moved, including the fracture surface and any batch, model or date marking; and
4. notify Franka in writing as soon as practicable, and preferably within 48 hours, at support@franka.com.au copied to hello@franka.com.au, with the photographs, order number and batch identifier.

Rationale for the 48-hour period. A structural failure may constitute a safety matter attracting a statutory notification obligation measured in days (section 10), and where the same batch is in service at other customers' premises, prompt notification is necessary. The period is not a condition of the customer's rights. Franka will assess a matter notified later, the period does not affect rights under the Australian Consumer Law, and nothing in this section shortens the time within which a claim may be brought.

9.14 Sets, modular ranges, fabric by the metre and third-party products

Sets and multi-item products. Where several items are sold together as a single product, each item carries the warranty period applicable to its own component type. Franka will replace a failed item from a set with a matching item so far as practicable. Where the original batch, dye lot or finish is no longer available and a satisfactory match cannot be achieved, Franka will notify the customer before dispatch and discuss the available options, which may include replacement of a greater part of the set. Whether a defect in one item affects the set as a whole is a question of fact to be assessed on the circumstances.

Modular and extendable ranges. Fabric dye lots, leather hides, timber and powder coat batches vary over time, and a module ordered subsequently will not necessarily match one purchased earlier. Where matching is material, the complete configuration should be purchased at one time, or arrangements made with Franka to reserve fabric from the same roll. Franka will advise whether a match can be achieved before the customer orders.

Fabric supplied by the metre. Cut lengths are made to order and are not returnable for change of mind. Customers must allow for pattern repeat and nap direction in calculating quantities, and should order the entire requirement for a project in a single cut, Franka being unable to guarantee a dye lot match across separate orders. Suitability for the intended application and the relevant performance data should be confirmed before cutting; Franka will provide the data it holds. Re-upholstery using fabric supplied by Franka does not affect the Franka Warranty on the frame, provided the work is competently performed. Franka is not responsible for defects in re-upholstery work performed by the customer or the customer's upholsterer and does not warrant the make-up of fabric it did not make up.

Third-party manufactured products. Certain products supplied by Franka are manufactured by third parties. Franka remains the supplier and the customer's first point of contact and will not refer customers to a manufacturer or overseas supplier in substitution. Where a manufacturer provides its own warranty or care instructions, Franka will provide them to the customer, and they operate in addition to the customer's rights against Franka. Where a manufacturer's care instructions differ from this section, the manufacturer's instructions govern in respect of that product and the customer should notify Franka.

10. PRODUCT SAFETY

Where a Franka product has caused, or may have caused, injury to any person, the customer must notify Franka immediately and in any event within 24 hours, at support@franka.com.au, copied to hello@franka.com.au, marking the communication "SAFETY", irrespective of whether the customer considers Franka to be at fault and irrespective of the severity of the injury.

Australian law requires suppliers to notify the responsible Commonwealth Minister within two days of becoming aware of a death, serious injury or illness caused, or which may have been caused, by the use or foreseeable misuse of consumer goods they have supplied. The obligation is triggered by association rather than by proof of fault, and applies notwithstanding that the product was not used as intended. Notification does not constitute an admission of liability by any party.

The customer must additionally cease use of the product, withdraw other items of the same model from use, and retain the item and all broken parts.

Where Franka conducts a recall or issues a safety notice, it will contact affected customers directly, and requests the customer's cooperation in communicating that information to any person using the product.

11. LIABILITY

11.1 Liability not limited

Nothing in these Terms limits or excludes:

(a) any liability under the Australian Consumer Law, including liability to compensate the customer for reasonably foreseeable loss or damage caused by a failure to comply with a consumer guarantee; (b) liability for death or personal injury; (c) liability for fraud or fraudulent misrepresentation; or (d) any liability that cannot at law be limited or excluded.

Paragraph (a) is stated expressly because terms in this industry commonly purport to limit liability to the purchase price, which is not enforceable in respect of goods of this kind. Where a Franka product fails to comply with a consumer guarantee and that failure causes reasonably foreseeable loss, including loss of use in the case of a venue, that loss is recoverable.

11.2 Liability otherwise excluded

Subject to section 11.1, Franka is not liable for loss or damage which:

(a) was not caused by an act or omission of Franka; (b) arises from use of a product outside its intended use as stated in section 9, or from failure to perform the maintenance required by section 9; (c) arises from installation, assembly, modification or repair undertaken by the customer or a person engaged by the customer other than Franka; (d) arises from installation of a product in a setting or environment which Franka has advised in writing is not rated for it; or (e) arises from the customer's failure to verify access or dimensions before ordering.

11.3 Property damage

Subject to section 11.1, Franka is not responsible for damage to floors, floor coverings, walls, door frames, fittings or other property caused by the moving, dragging, assembly or installation of furniture, by worn, missing or unsuitable glides, or by mirror or wall-fixing installation.

11.4 Contributory conduct

Where loss is caused in part by Franka and in part by the customer, Franka's liability is reduced to the extent of the customer's contribution. This provision reflects the general law and does not limit any statutory right.

12. TRADE AND COMMERCIAL CUSTOMERS

This section applies in addition to the remainder of these Terms where the customer holds a Franka Trade Account or purchases for a commercial, hospitality, rental, institutional or hire purpose. Where it conflicts with another section, this section prevails in respect of trade customers.

12.1 Statutory position

Trade customers are in most cases entitled to consumer guarantees. A business purchasing goods of a kind ordinarily acquired for personal, domestic or household use, which includes furniture, is entitled to the same consumer guarantees as a household purchaser, irrespective of order size and irrespective of contractual provision. Purchasing under a Trade Account does not affect that entitlement.

These Terms contain no unilateral variation right, no unilateral termination right, no abridged claim period, no limitation of liability to the purchase price and no general indemnity.

12.2 Use Environment Statement

Before Franka confirms a trade order, the customer must provide the following information:

Setting	The type of venue or premises, and whether use is public, private, supervised or unsupervised.
Trading pattern	Days and hours of operation, and whether use is single shift or multi-shift.
Location and exposure	The physical address, whether the application is indoor, covered outdoor or exposed outdoor, and distance from the coast where relevant.
Floor	Surface type, and whether the floor is level.
Special requirements	Any requirement for user mass above the standard rating, bariatric seating, stacking and storage arrangements, and any standard or certification required by the customer's specification, tender or insurer.

Franka will issue a Use Environment Statement, being a written note issued before order and attached to the order confirmation, recording the information provided by the customer, identifying which of the selected products are rated for the disclosed application and, where a product is not so rated, recording Franka's written advice and a quotation for a rated alternative.

Where the customer proceeds with a product Franka has advised is not rated for the disclosed setting, that fact will be recorded. The Franka Warranty will not cover wear, deterioration or failure attributable to that application. This is not a general forfeiture; a defect unrelated to duty cycle remains covered. Rights under the Australian Consumer Law are unaffected.

Basis of the requirement. Under the Australian Consumer Law, fitness for purpose is assessed against the purpose disclosed to the supplier. Where the customer discloses that seating is intended for a public bar and Franka supplies residential-rated stools without objection, the consequences fall on Franka. Where Franka advises in writing that a product is not rated for the customer's venue and the customer nonetheless proceeds, the position differs. Where the customer's application subsequently changes — by relocation of the furniture, extension of trading hours, change in the use of the venue, or movement outdoors or to a coastal site — the customer must notify Franka.

12.3 Orders, specification and lead times

The customer's purchase order terms have no application. Franka supplies only on these Terms, and any terms appearing on a purchase order, portal or acknowledgement are of no effect except where agreed by Franka in writing.

Quotations are valid for 30 days. Franka will not increase the price of a confirmed order except where the customer requests a variation.

For made-to-order, custom and project work, Franka issues a specification for approval. Upon approval, production is scheduled and materials are ordered. Where a variation is required, the customer should notify Franka immediately and Franka will advise whether it is practicable and at what cost. No charge is made for a variation Franka can absorb.

For orders exceeding 20 units of a made-to-order item, and for any project specification, Franka recommends approval of a production sample before the balance is manufactured. For orders exceeding 50 units of seating, Franka strongly recommends it. A sample will be supplied on request.

Where a confirmed lead time is exceeded by more than 30 days for reasons other than a variation requested by the customer, the customer may cancel the delayed items and obtain a full refund of amounts paid in respect of them.

Franka records the production batch for every trade order and retains that record for 7 years.

12.4 Site access and delivery

Except as otherwise agreed, trade delivery is to a single ground-floor point of access. The customer must notify Franka in advance of site access constraints, loading restrictions, lift dimensions, delivery windows, induction requirements and site contacts. The customer is responsible for site readiness and access. Where delivery cannot be completed by reason of site readiness or access, Franka may charge the actual redelivery or storage cost, itemised. No such charge applies where the failure is attributable to Franka or its carrier.

12.5 Payment, title and security interest

Except where a credit account has been approved in writing, payment is due in full before dispatch. Where a credit account has been approved, terms are 30 days from date of invoice.

Where an invoice is overdue, Franka may charge interest at the RBA cash rate plus 4% per annum calculated daily, and may suspend further supply on credit following 7 days' written notice and a reasonable opportunity to pay. Franka may recover reasonable recovery costs actually incurred. Franka will not suspend or withhold delivery of goods already paid for.

Where the customer disputes an invoice in good faith, it must notify Franka within 14 days stating its grounds. The undisputed portion must be paid when due. Interest does not accrue on an amount genuinely in dispute during its resolution, and Franka will not suspend supply on that account.

Retention of title. Legal and equitable title in the goods remains with Franka until Franka has received payment in full for those goods and all other amounts owing by the customer. Until that time the customer holds the goods as bailee, must store them so as to be identifiable as Franka's property, must keep them insured, may use them in the ordinary course of its business, and, where it disposes of them before title passes, holds the proceeds on trust for Franka to the extent of the amount owing.

Security interest. These Terms create a security interest in the goods and their proceeds for the purposes of the Personal Property Securities Act 2009 (Cth), which Franka may register on the Personal Property Securities Register. The customer will do such things as Franka reasonably requires to enable registration and perfection, and must notify Franka within 7 days of any change to its name, ABN or ACN. Franka will discharge the registration within a reasonable time following payment of the account in full.

Personal guarantee. Where a Trade Account is opened with credit terms by a proprietary company or trust, Franka may require a personal guarantee from a director or principal, executed as a separate document. Franka will draw the guarantor's attention to the nature of the instrument and recommend that independent advice be obtained before execution.

12.6 Customer obligations in service

The following are conditions of the Franka Warranty. They do not affect rights under the Australian Consumer Law.

(a) Staff briefing. Section 9, or a summary of it, must be provided to the person responsible for the furniture, and floor and cleaning staff briefed on lifting rather than dragging, stacking limits and method, the prohibition on use of seating as steps, permitted and prohibited cleaning products, and immediate reporting of any unstable or creaking chair. Franka will provide a one-page back-of-house summary on request.

(b) Maintenance must be performed at the intervals stated in section 9.6, being monthly for seating in commercial use, together with the outdoor and coastal regime in section 9.8 where applicable.

(c) A dated maintenance log must be maintained in accordance with section 9.6 for the service life of the furniture. Franka will provide a template on request.

(d) Withdrawal from use and notification of failures must be effected in accordance with section 9.13, and any injury reported within 24 hours in accordance with section 10.

(e) Public liability insurance appropriate to the venue and to the customer's lease or licence requirements must be maintained, and in any event for not less than $10 million per occurrence, for the period during which Franka furniture is in service. Where a lower limit is appropriate to the customer's business, Franka will consider a request to that effect.

(f) Cooperation with any recall or safety notice is required, including acting promptly on Franka's instructions, withdrawing affected product from use, and providing reasonable assistance in identifying and contacting other affected persons. Franka will bear the reasonable costs.

12.7 Trade returns

Trade orders of in-stock product may be returned for change of mind within 7 days of delivery, unused and in original packaging, for a credit to the customer's account less the restocking fee stated in section 6.2, with return freight at the customer's cost. Made-to-order, custom and project orders are governed by section 6.3. This section applies to change of mind only. Where product is faulty, unsafe, not as described or not fit for the purpose disclosed, section 7 and the customer's statutory rights apply and no charge arises.

12.8 Indemnity

The customer indemnifies Franka against liability, loss and reasonable costs arising from:

(a) the customer's representations concerning Franka products made to its own customers, guests or contractors, to the extent those representations exceed the specifications and ratings published by Franka; (b) the customer's installation, modification or repair of Franka products; and (c) the customer's onward sale, hire or supply of Franka products to a third party.

This indemnity does not extend to, and the customer is not liable for, any liability arising from a defect in the goods, from a failure by Franka to comply with a consumer guarantee, or from any act or omission of Franka. It is reduced to the extent that Franka or any person acting on its behalf contributed to the loss.

12.9 Specification claims

The customer must not represent Franka products to its customers, in tender responses or in specifications as certified, rated or tested to any standard or level beyond that appearing on the product page and on the order confirmation. Where certification is required for a tender or an insurer, the customer should request it from Franka, which will advise what documentation it holds.

12.10 Trade account administration

Trade Accounts are available to businesses providing evidence of an ABN and, where required, of trade status. Approval is at Franka's discretion and may be subject to credit assessment. Trade pricing is confidential to the customer and must not be disclosed. The customer is responsible for orders placed using its account credentials and must notify Franka immediately of any unauthorised use, in which event Franka will work with the customer in respect of any affected order.

Either party may close a Trade Account on 30 days' written notice. Confirmed orders survive closure. Closure or suspension does not affect orders already confirmed, accrued rights of either party, or the Franka Warranty in respect of goods already supplied.

Franka will give Trade Account holders not less than 30 days' written notice before an amendment to these Terms takes effect. Where an amendment materially disadvantages the customer, the customer may close its account without penalty and complete any confirmed orders on the previous Terms.

13. GENERAL

Reviews and feedback. Nothing in these Terms restricts the customer's ability to review, comment upon or complain about Franka's products or services, and Franka will not require agreement to any such restriction as a condition of a remedy.

Privacy. Franka handles personal information in accordance with its Privacy Policy at franka.com.au/policies/privacy-policy.

Intellectual property. Content on franka.com.au, including images, text, designs and product photography, is the property of Franka or its licensors and may not be reproduced commercially without Franka's written consent.

Force majeure. Neither party is liable for delay or failure to perform caused by an event beyond its reasonable control. Where such an event materially delays an order, the customer may elect to await supply, accept a substitute, or cancel the affected items and obtain a full refund of amounts paid in respect of them.

Assignment. The customer may not assign its rights under these Terms without Franka's consent, such consent not to be unreasonably withheld, save that the Franka Warranty is transferable in accordance with section 8.6 and passes with the goods on a sale of the customer's business.

Severance. Where a provision of these Terms is void, unenforceable or inapplicable, it is severed and the remaining provisions continue in force.

Governing law. These Terms are governed by the law of New South Wales, and the parties submit to the non-exclusive jurisdiction of its courts. This does not preclude a customer from bringing a claim, or making a complaint to the consumer protection agency, in the State or Territory in which the customer resides or trades.

Dispute resolution. Customers should raise any matter with Franka in the first instance. Failing resolution, a customer may escalate within Franka in accordance with section 8.8, refer the matter to the consumer protection agency in the relevant State or Territory, or commence proceedings in a tribunal or court. Nothing in these Terms requires a customer to exhaust Franka's internal process, and nothing in these Terms shortens the time within which a claim may be brought.

14. CONTACT DETAILS

Franka Pty Ltd · ABN 91 661 333 142

Address: PO Box 162, Strawberry Hills NSW 2012

Email — claims, warranty and product safety: support@franka.com.au, copied to hello@franka.com.au. Customers should mark communications "WARRANTY" or "SAFETY" as applicable.

Email — orders and general enquiries: hello@franka.com.au

Nothing in these Terms limits, excludes or modifies the application of the Australian Consumer Law, the exercise of any right conferred by it, or any liability of Franka for failure to comply with a consumer guarantee. To the extent that any provision would have that effect, it does not apply.

Version 1.0 · Franka Pty Ltd · ABN 91 661 333 142