Warranty

(1): CTE-Custom Transport Equipment Pty Ltd. ABN 34 124 564 585 of 73 Wellwood Road, Drouin, Victoria 3818 (the Company) which can be contacted on +61 3 5625 5408 or [email protected] , expressly warrants that CTE truck bodies, trailers and their component parts (the Products), subject to the exclusions in clause 3, will be free from defects in materials and workmanship for three (3) years from the date of delivery to the customer or the date of invoice to the customer, whichever is earlier (the Warranty Period), on the terms set out in this Warranty Policy (Warranty). This Warranty is only valid and enforceable in Australia and is governed by the laws of Victoria.

(2): The Products come with guarantees that cannot be excluded under the Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth), as amended or replaced from time to time (Australian Consumer Law). You (being the purchaser or the original end-user of the Products) are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage (but only if the Products were mainly used to transport goods on public roads). You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure is not a major failure (but only if the Products were mainly used to transport goods on public roads).

(3): Subject to applicable laws, including the Australian Consumer Law, this Warranty does not apply to the following supplier sourced components (Excluded Components):

1. Supplied lighting & Electrical systems;
2. Supplied hydraulic systems: PTO, pump, remotes and valves
3. Supplied towing system + winches and winch cables;
4. Optional extras sourced from suppliers

The Excluded Components are covered by a separate warranty provided by the relevant supplier. Please contact us for further information on the applicable supplier warranty.

(4): Subject to applicable laws, including the Australian Consumer Law, this Warranty will only apply during the Warranty Period so long as the following conditions are met:

1. the Products were manufactured by the Company and were new at the date of delivery;
2. the Products have been used in accordance with legal loading and speed limits, correctly coupled and operated in such a manner as may be prescribed by the Company or if the Company does not prescribe such conditions, then in such manner as is considered good practice for such Products;
3. the customer has submitted the Products for testing and inspection during the Warranty Period in accordance with the Company’s Owner Service Policy dealing with adjustments and inspections (a copy of this policy is available online at ctequip.com.au or on request from the Company);
4. only good quality replacement parts have been used in relation to the Products such as those manufactured and supplied or approved by the Company;
5. the Products have not been altered or modified in any way whatsoever by persons other than the Company or its authorised service representatives;
6. the Products (or affected component parts) have been returned to the Company or the Company’s authorised dealer for rectification or replacement within the Warranty Period (the cost of transportation of the Products to and from the dealer will be paid by the customer);
7. the Products have been fully paid for; and
8. the Products have been repaired, maintained and serviced in accordance with the Company’s Owner Service Policy by persons who are appropriately qualified to carry out the relevant work.
9.  

(5): To claim the benefit of this Warranty, you must:

1. notify the Company by email within 14 days of becoming aware of a defect;
2. provide proof of purchase of the Products and a description and photographs of the claimed defect;
3. cooperate with the Company and provide any other information reasonably required to assess your claim;
4. abide by the advice of the Company regarding the most appropriate way to fix the defect; and
5. return the Products to the Company if requested, with all packaging, parts, accessories, and documentation.

Where you return the Products as part of a Warranty claim, you will need to cover any associated costs of you returning the Products to the Company and transporting the Products back to you.

(6): Subject to applicable laws, including the Australian Consumer Law, this Warranty will not make the Company liable in any way for defects arising directly or indirectly from:

1. accidents which were not caused through a defect in the Products;
2. fair wear and tear of the Products (for instance: winch cables, winch tensioners, tyres, rims, bumpers, scuff strips, flooring, paintwork);
3. incorrect, faulty or negligent operation or maintenance of the Products not approved in writing by the Company;
4. failing to follow instructions, guidelines, or manuals provided by the Company resulting in misuse or other unsuitable operation of the Products, including overloading;
5. negligence or error in storing, maintaining or handling the Products;
6. installation, repair, replacement, maintenance, altering, overhauling or otherwise compromise of the Products by you or any person other than the Company;
7. failing to notify the Company of any defect in the Products within a reasonable period of time after you become aware of, or ought to have reasonably become aware of, the relevant defect;
8. an act of God or force majeure event (including but not limited to war, riot, invasion, act of terrorism, contamination, earthquake, flood, fire, or other natural disaster, or any other event or circumstance beyond the Company’s reasonable control);
9. use of the Products following discovery of a deficiency which has not been rectified; or any cause not directly attributable to the Company.

(7): Except as provided in this Warranty, the Company makes no express warranties in respect of the Products, although you may have other rights and remedies available to you under applicable laws, including the Australian Consumer Law, or other warranties, including a supplier warranty. Subject to applicable laws, including the Australian Consumer Law, the Company will, under no circumstances, be liable for any damage, whether direct, indirect, special or consequential, arising in any way out of the use of or in relation to the Products, whether as a result of the Company’s negligence or otherwise. This includes loss of freight, loss of earnings or loss of contracts.

(8): This Warranty is subject to the Company’s Terms and Conditions of Service and in the event of any inconsistency or ambiguity between this Warranty and the Terms and Conditions, the Terms and Conditions will prevail.

(9): This Warranty, including the benefit under this Warranty, is for you only and cannot be assigned or transferred to any other person or third party. No other person or third party can make a claim under this Warranty.

(10): Nothing in this Warranty operates to exclude, restrict or modify the application of any provision of any statute (including the Australian Consumer Law) where to do so would:

1. contravene that statute; or
2. cause any part of this Warranty to be void.

The Company excludes all implied conditions and warranties except any implied condition or warranty the exclusion of which would contravene any statute including the Australian Consumer Law or cause any part of this Warranty to be void.

(11): If any provision of this Warranty is held to be void, invalid or illegal or unenforceable in any jurisdiction, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or part of that provision) will be severed from this Warranty without affecting the validity or enforceability of the remainder of that provision or the other provisions in this Warranty.