TRAILER WARRANTY
1 INTEGRATION WITH SALE AGREEMENT
1.1 This Trailer Warranty will be read and deemed part of the Agreement. Nothing in the Agreement modifies or excludes the conditions, warranties or undertakings or other legal rights under Australian Consumer Law and other Australian laws which cannot be excluded by law.
1.2 In this Trailer Warranty, unless the context requires otherwise, terms used have the same meaning as those defined in the General Terms of Agreement.
2 AUSTRALIAN CONSUMER LAW
2.1 Robuk acknowledges that the benefits provided to the Customer by the Trailer Warranty are in addition to other rights and remedies available to the Customer under Australian Consumer Law.
2.2 Robuk’s goods and services come with guarantees that cannot be excluded under Australian Consumer Law. For Major Failures with the service, the Customer is entitled:
2.2.1 to cancel the Customer’s service contract with Robuk; or
2.2.2 to a refund for the unused portion, or to compensation for its reduced value.
2.3 The Customer is also entitled to choose a refund or replacement for Major Failures with goods. If a failure with the goods or service does not amount to a Major Failure, the Customer is entitled to have the failure rectified in a reasonable time. If this is not done, the Customer is entitled to:
2.3.1 a refund for the goods;
2.3.2 to cancel the contract for the service and obtain a refund of any unused portion; and
2.3.3 to be compensated for any other reasonable foreseeable loss or damage from a failure in the goods or service.
3 ROBUK WARRANTY FOR ROBUK COMPONENTS
3.1 Subject to these terms and conditions, Robuk warrants that the Robuk Components will be free from Defects under normal application, use and during the Warranty Period.
3.2 For the Warranty Period, and unless otherwise required under Australian Consumer Law:
3.2.1 the Customer shall continually comply with the Maintenance Schedule; and
3.2.2 Robuk, or its Authorised Repairer, will be available for the repair and supply of Robuk Components and Supplier Components.
3.3 The parties agree that any liability of Robuk for a breach of any condition or warranty (including any implied by law except for Major Failure) is limited to, at Robuk’s option, in the case of:
3.3.1 Defective Components (a) the replacement of the Components or the supply of equivalent Components; (b) repair of the Components; or (c) payment of the cost of: (i) replacing the Components; (ii) of acquiring relevant Components; or (iii) having the Components repaired;
3.3.2 services, the (a) correction of a Defect; or (b) payment of the cost of correcting a Defect.
3.4 Unless required by under Australian Consumer Law, the Customer may only activate the Trailer Warranty in the event that the Defect becomes apparent during the Warranty Period.
3.5 If a Robuk Component is repaired or replaced, the remainer of the Warranty Period will apply to the repaired or replaced Robuk Component. The original Warranty Period will not be extended on account of any warranty repair or replacement.
4 EXCLUSION OF LIABILITY FOR DEFECTS
4.1 Unless otherwise required under Australian Consumer Law, Robuk is not liable for any Defects if, and to the extent that it is due to, or comprises:
4.1.1 damage or defects from after the Trailer has been delivered to the Customer for reasons not related to their state or condition at the time of Acceptance;
4.1.2 faults or liabilities for Defects of which the Customer was aware, or ought reasonably to have been aware, of at the time of the Agreement for the sale or supply of the Trailer or in respect of which adequate instructions or warning (including safety warnings) are given on or before Acceptance;
4.1.3 theft or vandalism of the Trailer after Acceptance;
4.1.4 failure by the Customer to notify Robuk within fourteen (14) days of when the Defect first occurs;
4.1.5 superficial faults, dents or marks that do not impact the performance of a Robuk Component;
4.1.6 damage or deterioration that occurs after Acceptance;
4.1.7 misuse or abusive use of a Robuk Component;
4.1.8 the incorrect installation or operation of the Trailer or not following any documentation provided on Acceptance;
4.1.9 the incorrect maintenance of a Trailer or not following Maintenance Schedules;
4.1.10 the storage, installation, commissioning, modification, repair of a Robuk Component that is performed by anyone other than a person authorised by Robuk;
4.1.11 the use of non-authorised, non-standard defective or incompatible Components;
4.1.12 any attempt to extend or reduce the life or increase the performance of a Component, whether by physical means or otherwise without the express written consent of Robuk;
4.1.13 caused by an accident for which Robuk is not responsible; or
4.1.14 any matter referred to in Section 262 of the Australian Consumer Law, so far as they may be appropriate.
5 SUPPLIER’S WARRANTY
5.1 Nothing in the Trailer Warranty excludes, modifies or restricts any rights or remedies of the Customer against any other manufacturer or Supplier of Defective Supplier Components.
5.2 At Robuk’s election, the Customer appoints Robuk, and each one of its directors, as their attorney for the purpose of enforcing any available rights or remedies that the Customer may have against a Supplier in relation to Supplier Components.
5.3 The Customer undertakes to ratify and confirm any action or thing the attorney (or their substitute) lawfully does or causes to be done by virtue of the power of attorney contained in clause 5.2; and authorises the attorney to register this power of attorney at any place.
6 WARRANTY WORK AND CLAIMS PROCESS
6.1 The Customer must ensure that Warranty Work is only undertaken by Robuk, an Authorised Repairer or a repairer with the prior written approval of Robuk and releases Robuk from any claims, loss, damage, expense, cost or liability suffered or incurred by it in connection with repair work not conducted in accordance with this clause 6.1.
6.2 The Customer must give Robuk written notice of full details of the alleged Defect and a copy of the work carried out under the Maintenance Schedule (Warranty Claim Notice) within fourteen (14) days of becoming aware of the alleged Defect.
6.3 The Customer must notify Robuk of the alleged Defect by contacting Robuk customer service:
1294 Lytton Road, Hemmant QLD 4174
P: 1300 113 627
6.4 Robuk within three (3) business days of receipt of a Warranty Claim Notice, nominate whether an Authorised Repairer or Robuk will review the warranty claim (Assessment Notice).
6.5 The Customer must at its cost within fourteen (14) days of receipt of an Assessment Notice) return the Defective Trailer or Defective Component to the nominated Authorised Repairer or Robuk.
6.6 Within a reasonable time after the return of the Defective Trailer and/or Defective Component to the nominated Authorised Repairer or Robuk, Robuk will confirm:
6.6.1 whether the Trailer and/or Defective Component is Defective; and
6.6.2 what is and is not covered under the Trailer Warranty and any non-warranty related costs associated with any repairs.
6.7 Robuk is not liable for any cost, loss, damage or liability under this Trailer Warranty to the extent that it arose or was incurred or suffered in connection with the non-compliance by the Customer of this clause 6.
7 DEFINITIONS
In this Agreement unless the context otherwise requires:
Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth).
Authorised Repairer means the repairer nominated by Robuk to perform work on the Trailer from time to time.
Component means any component used by Robuk in the manufacturing of the Trailer, including both Robuk Components and Supplier Components.
Maintenance Schedule means any daily and monthly checklist provided by Robuk to the Customer on Delivery of the Trailer regarding the maintenance of the Trailer.
Major Failure means any breach by Robuk of either, or both of, section 260 or section 268 of the Australian Consumer Law.
Robuk Component means any component of the Trailer which was manufactured by Robuk, but does not include Supplier Components.
Supplier means any third-party business or manufacturer which supplies Robuk with the Supplier Components. Supply has a corresponding meaning.
Supplier Component means any one of those Components sourced from a Supplier and used by Robuk in the manufacturing of the Trailer, but does not include Robuk Components.
Warranty Period means the period for each Robuk Component being 2 years after Acceptance.
Warranty Work means any services or work, performed or approved by Robuk in accordance with the Trailer Warranty.