Terms and Conditions of Extended Care Warranty for F&P SleepStyle Auto and SleepStyle CPAP devices

1. Fisher & Paykel Healthcare Limited (“Fisher & Paykel Healthcare”) is pleased to offer this extended care warranty product (“Extended Care Warranty”) for Fisher & Paykel Healthcare SleepStyle Auto and CPAP devices, in addition to the rights and remedies to which you may be entitled under the Australian Consumer Law. 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.


2. Purchase and online registration of an Extended Care Warranty on the www.fphcare.com.au/extendedwarranty website, is required within 30 days of the Customer purchasing a SleepStyle device. It is anticipated that the authorised Fisher & Paykel Healthcare dealer will assist the Customer in the online registration process.


3. By purchasing this Extended Care Warranty for the F&P SleepStyle Auto or CPAP device the customer will be entitled to the benefits set out in these terms and conditions. Under this Extended Care Warranty Fisher & Paykel Healthcare warrants that Fisher & Paykel Healthcare SleepStyle Auto and CPAP devices (excluding consumable items forming part of the delivery system), when used in accordance with the instructions for use, shall be free from defects in workmanship and materials and will perform in accordance with Fisher & Paykel Healthcare’s official published product specifications for an additional period of three (3) years from the expiry of the standard two (2) year warranty for such devices (the “Extended Care Warranty Period”), providing warranty cover for a total period of five (5) years from the date of purchase by the end user. This Extended Care Warranty is only available in Australia.


4. This Extended Care Warranty does not cover damage caused by:
   • fair wear and tear,
   • accident;
   • misuse or abuse,
   • modification;
   • failure to follow instructions of use;
   • unsuitable physical or operating environment;
   • failure caused by a product not supplied or manufactured by Fisher & Paykel Healthcare;
   • other defects not related to materials or workmanship;
   • failure to use original spare parts; or
   • use of inappropriate voltage.
   • Modem connectivity is only included within the Fisher & Paykel Healthcare standard 2-year product warranty period. Outside of this 2-year period, charges may apply, subject to network availability.


5. This Extended Care Warranty is provided by the manufacturer, Fisher & Paykel Healthcare, acting through its Australian office at 19-31 King Street, Nunawading, VIC 3131, Australia, phone: +61 3 9871 4900, email: customer. servicesAustralia@fphcare.com.au. It is only available for devices purchased from an authorised Fisher & Paykel Healthcare dealer in Australia.


6. To make a claim under this Extended Care Warranty program, the customer must:
   a) during the Extended Care Warranty Period, contact the Fisher & Paykel Healthcare dealer from whom they purchased the device to arrange the return of the device to the dealer; and b) provide proof of purchase (i.e. sales receipt) and their F&P Extended Warranty Card to the Fisher & Paykel Healthcare dealer.


7. Upon receipt of a warranty claim from a customer, the Fisher & Paykel Healthcare dealer must:
   a) provide a duly completed OSA warranty claim form to Fisher & Paykel Healthcare within seven (7) days of receipt of such claim; and
   b) if requested by Fisher & Paykel Healthcare, arrange for the relevant device to be returned to Fisher & Paykel Healthcare in Australia (at the expense of Fisher & Paykel Healthcare).


8. If Fisher & Paykel Healthcare determines that the device is defective it will, to the extent permitted by law, replace the device or the defective material or part. If Fisher & Paykel Healthcare replaces a device (i) the standard two year warranty does not apply to the replacement device and (ii) the extended warranty period for the replacement device does not extend beyond the original period of the Extended Care Warranty. Fisher & Paykel Healthcare will pay the expenses for shipment of the replacement device to the Fisher & Paykel Healthcare dealer. 
   Cellular network availability is not an indicator of a faulty device. Cellular services are dependent on network availability in Australia, which may change at any time and is beyond our control. Fisher & Paykel Healthcare CPAP devices have alternative non-modem options for data transfer that are also available.


9. If Fisher & Paykel Healthcare determines that the device is not defective it will pay the expenses for the return of the device to the Fisher & Paykel Healthcare dealer.


10. This Extended Care Warranty is exclusive to the original end user. It does not apply if the ownership of the device is transferred or assigned to any third party or if the device is used for rental or trial purposes.


11. The customer’s rights under this Extended Care Warranty are in addition to and do not in any way affect any other rights or remedies that the customer has under any law that relates to the device.


12. Fisher & Paykel Healthcare excludes all implied conditions and warranties except any implied condition or warranty the exclusion of which would contravene any law or cause any part of this warranty to be void.


13. To the fullest extent permitted by law, Fisher & Paykel Healthcare disclaims all liability for special, incidental, indirect or consequential loss or damages (including but not limited to, loss of profits) arising out of the sale or use of this device.


14. At the time of purchasing the Extended Care Warranty, Fisher & Paykel Healthcare will collect personal information about the customer for the purpose of administering the Extended Care Warranty, including processing claims and responding to queries (but not for any other purpose). The information will be held by Fisher & Paykel Healthcare and will be maintained at its Australian office and at its head office at 15 Maurice Paykel Place, East Tamaki, Auckland 2013, New Zealand. The customer has the right of access to and correction or erasure of any personal information supplied to and held by Fisher & Paykel Healthcare at the above address or by email to privacy@fphcare.com. A copy of the Fisher & Paykel Healthcare Privacy Statement can be viewed at https://www.fphcare.com/au/footer/privacy-statement/


15. If a Fisher & Paykel Healthcare dealer ceases trading and/ or representing the F&P SleepStyle range, all Extended Care Warranty claim queries should be referred to the Fisher & Paykel Healthcare Australian office on (03) 9871-4900.