Terms of service
EV Fire Solutions Pty Ltd: Terms of Sale and Warranty
Effective 23 October 2026
1. About these terms
1.1 These terms apply to every order placed with EV Fire Solutions Pty Ltd ABN 16 680 549 731 (EVFS, we, us), whether online at evfiresolutions.com.au, by email or on a trade account.
1.2 Our address is 4/369 Maitland Road, Cessnock NSW 2325. All enquiries, orders, returns and claims are handled by email at sales@evfiresolutions.com.au.
1.3 In these terms:
- You means the person or business buying from us.
- Consumer has the meaning in the Australian Consumer Law (ACL). It generally covers goods ordinarily acquired for personal, domestic or household use, and any goods costing $100,000 or less, unless you buy them to resell or use up in manufacturing or repairing other goods.
- Custom goods means goods made, cut or ordered to your specification, including non-standard blanket or bag sizes and printed or branded items.
1.4 Nothing in these terms excludes, restricts or modifies any right or remedy you have under the ACL or any other law that cannot lawfully be excluded. If any clause would have that effect, it does not apply to that extent.
1.5 If you place an order, you agree to these terms as they stand on the day you order. Product pages, quotes and invoices form part of the agreement for that order.
2. Orders, pricing and payment
2.1 An order is accepted when we confirm it in writing or dispatch the goods. We may decline an order before acceptance, for example where stock is unavailable or a price was displayed in error. If we decline after taking payment, we refund it in full within 5 business days.
2.2 Prices are in Australian dollars and include GST unless marked otherwise. Shipping is charged as shown at checkout or in your quote. A price change does not affect an order we have already accepted.
2.3 Online orders are paid at checkout. Quotes are valid for 30 days unless they state otherwise.
2.4 Trade account customers pay on the terms stated in their account approval or on the invoice. If a trade invoice is overdue, we may suspend further supply on that account until it is paid, after giving you written notice.
2.5 Custom goods may require a deposit, which we state in the quote. If you cancel a custom order after production has started, we may keep the portion of the deposit that covers costs we have actually incurred, and refund the rest.
2.6 We welcome orders from resellers, fire contractors and distributors. Trade pricing is available on application.
3. Delivery, risk and title
3.1 Delivery times on our website and in quotes are estimates. We will tell you promptly if an order will be materially delayed, and you may cancel for a full refund of anything not yet dispatched.
3.2 Fire extinguishers are pressurised and are shipped as dangerous goods by road. Some delivery options and locations may not be available for them.
3.3 Risk in the goods passes to you on delivery to the address you give us. If goods arrive damaged or short, please tell us as soon as you reasonably can, with photos where possible, so we can lodge a claim with the carrier. Reporting late does not remove your rights under the ACL.
3.4 For trade account orders, ownership of the goods stays with us until the invoice is paid in full.
4. Your rights under the Australian Consumer Law
4.1 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.
4.2 These guarantees include that goods are of acceptable quality, fit for any purpose you told us about, and match their description. They last for as long as is reasonable for the type of goods and their price. They are not limited to any fixed period, including the period of our warranty in clause 7.
4.3 For a major failure, you choose whether you want a refund or a replacement. A refund is the full price you paid, including original delivery charges where the failure was our responsibility.
4.4 Where goods are of a kind not ordinarily acquired for personal, domestic or household use, and the law allows it, our liability for a failure to comply with a consumer guarantee is limited to one of the following, at our option: replacing the goods, repairing them, or paying the cost of replacement or repair. This clause does not apply where it would not be fair or reasonable for us to rely on it.
5. Faulty or damaged goods
5.1 To make a claim, email sales@evfiresolutions.com.au with your order number, a description of the problem and photos if you can. There is no fee to make a claim and no deadline other than the reasonable period the ACL allows.
5.2 We will acknowledge your claim within 2 business days and tell you what we need. Where we need to inspect the goods, we will arrange collection or a prepaid return label, or reimburse your reasonable return costs.
5.3 If the goods cannot be returned without significant cost to you, for example a large blanket or a discharged extinguisher, we will collect or inspect them at our expense.
5.4 Do not post a discharged or damaged pressurised extinguisher yourself. Contact us and we will arrange compliant transport.
5.5 We are not responsible for a problem caused by misuse, accident, unauthorised modification, or failure to follow the product instructions. Normal wear from use, and a product that has been used for its purpose in a fire, are not faults. Contact us if you are unsure; we assess every claim on its facts.
5.6 Once we confirm a valid claim, we will provide the remedy in clause 4 within a reasonable time, normally within 10 business days.
6. Change of mind returns
6.1 This clause covers returns where nothing is wrong with the goods. It does not apply to faulty goods, which are covered by clauses 4 and 5.
6.2 You may return standard stock items within 30 days of delivery if they are unused, undischarged, and in their original, unmarked packaging. Email us first for a return authorisation.
6.3 You pay the cost of returning change of mind items. Once we receive and check them, we refund the price paid less a restocking fee of up to 20%, within 5 business days. Original delivery charges are not refunded for change of mind returns.
6.4 Custom goods cannot be returned for change of mind, because we cannot resell them. Your rights under clause 4 still apply to custom goods.
6.5 Trade customers who want to return excess stock can ask us. We consider these requests case by case and will confirm any credit and fee in writing before you send the goods.
7. EVFS 12 month warranty against defects
7.1 Who gives the warranty: EV Fire Solutions Pty Ltd ABN 16 680 549 731, 4/369 Maitland Road, Cessnock NSW 2325, sales@evfiresolutions.com.au.
7.2 What it covers: we warrant that our products will be free from defects in materials and workmanship for 12 months from the date of delivery.
7.3 What we will do: if a product has a defect covered by this warranty, we will repair or replace it, or refund the price paid.
7.4 How to claim: contact us as set out in clause 5.1 within the warranty period, with your order number and a description of the defect. We may ask to inspect the product.
7.5 Costs: we bear the reasonable costs of a valid warranty claim, including return freight we have approved. You do not pay any fee to claim.
7.6 What it does not cover: damage caused by misuse, accident, modification, or not following the product instructions, and products that have been discharged or used in a fire.
7.7 Your other rights: the benefits given to you by this warranty are in addition to other rights and remedies under a law in relation to the goods to which the warranty relates.
7.8 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.
8. Product use, standards and certification
8.1 Each product page states the standard, if any, that the product has been tested or classified to, and the body that tested it. We will provide a copy of the relevant test report or certificate on request.
8.2 There is currently no Australian Standard classification for fire extinguishers or fire blankets specific to lithium-ion battery fires. Unless a product page says otherwise, our products are not listed or certified under an Australian Standard or by ActivFire, and we do not claim that they are.
8.3 Our products are designed to help control or contain lithium-ion battery incidents. No product can guarantee that a lithium-ion battery fire will be extinguished or that re-ignition will not occur. In any fire, call 000 first and follow the product instructions.
8.4 Our products are an addition to, not a replacement for, the fire safety measures required for a building by law, its fire engineer or its annual fire safety statement. Fire extinguishers should be inspected and maintained by a competent person, in line with AS 1851 where it applies.
8.5 Before relying on a product for a specific site or risk, check with your fire safety practitioner that it suits that use. If you tell us the intended use before ordering, the fitness for purpose guarantee in clause 4 applies to that purpose.
9. Liability, website, privacy and general
9.1 Liability: subject to clause 1.4, neither of us is liable to the other for loss of profit, revenue or business opportunity, or for indirect loss that was not reasonably foreseeable when the order was placed. This does not limit liability for death or personal injury, fraud, or a party's negligence, or a consumer's right to compensation for reasonably foreseeable loss.
9.2 Business customers: if you are a business, you are responsible for choosing products suitable for your sites and for training your staff in their use. Where you resell our products, you must pass on the product instructions and must not make claims about them beyond what we publish.
9.3 Website content: we take reasonable care to keep product information, prices and availability accurate. If we find an error that affects an accepted order, we will contact you and you may cancel for a full refund.
9.4 Privacy: we handle personal information under our Privacy Policy and the Privacy Act 1988 (Cth). You can ask us at any time to stop sending marketing emails, or to correct or delete the information we hold about you, subject to records we must keep by law.
9.5 Changes to these terms: we may update these terms by publishing a new version on our website with its effective date. A change does not apply to an order we accepted before that date.
9.6 Events outside our control: if an event outside our reasonable control delays an order, we will tell you, and either of us may cancel the affected part of the order with a full refund of anything paid for it.
9.7 Disputes: please contact us first so we can try to resolve any issue. Nothing in these terms stops you contacting NSW Fair Trading or the ACCC.
9.8 Governing law: these terms are governed by the law of New South Wales, Australia.