HCT Australia Pty Ltd T/as Hardcore Trailers Australia Warranty And Terms Of Sale
A. General Scope of Coverage HCT Australia Pty Ltd T/A Hardcore Trailers Australia warrants to the first registered owner, that HCT Australia Pty Ltd T/A Hardcore Trailers Australia will replace, at its option, any genuine parts covered under this warranty which is found to be defective in material or workmanship during the applicable warranty term as set forth in the Coverage Chart depicted in paragraph B, subject to the exclusions listed in paragraph C. Each applicable warranty term begins on the date of dealer dispatch. This warranty covers new genuine parts (“Equipment”) purchased from HCT Australia Pty Ltd T/A Hardcore Trailers Australia. Hardcore Trailers Australia equipment comes with guarantees that cannot be excluded under the Australian Consumer Law. The benefits within our Warranty are in addition to other rights and remedies under the Australian Consumer Law. B. What is Warranted? Subject to paragraph C, all parts of new Equipment are warranted as set forth in the Coverage Chart below. All warranty is commercial grade warranty – 24 months on fabrication and welding and 12 months on parts and fixtures only. Industry leading structural warranty covers the draw bar and chassis only from fatigue and has a guarantee for a period of 24 months from original date of purchase. Trailer bodies are guaranteed for a period of 24 months from original date of purchase. Cosmetic blemishes and paint damage are not part of warranty. Your trailer is a commercial working environment; it will have a much higher rate of wear and tear than an environment that is only used once per week, once per month etc. As you are using your trailer daily, you will have corrosion and will need to continuously clean your trailer to keep it in good condition, including oiling the stainless steel. No corrosion of any type is covered by warranty. We use suitable fittings, but with the exposure to chemicals and water, fittings tend to corrode over time, as with anything in a commercial environment. Please do not neglect your equipment or trailer, we strongly recommend regular cleaning and maintenance to keep your trailer in top condition. *Parts Only Warranty Covers the balance of the warranty period excluding normal replaceable items, including but not limited to vehicle maintenance of our trailers, tyres, sealant, rubber seals, bearings, light bulbs, wiring, screws and rivets etc. C. What is Not Warranted (Exclusions)? Pursuant to the terms of this warranty, HCT Australia Pty Ltd T/A Hardcore Trailers Australia IS NOT RESPONSIBLE FOR ANY OF THE FOLLOWING: 1. Warranties are not valid on items purchased for the purpose of rental, loan or hire use. 2. Warranty does not cover the product in the event of abuse, misuse, accidental damage or collision, modification of design, fair wear and tear (wheel bearings, wheels, tyres, paint, rusted stainless, door locks, door latches, doors, toolboxes) neglect, incorrect or inadequate maintenance. Suspension, wheels nuts and bearings must be checked before every trip. Wheel bearings must be serviced by an authorized motor mechanic in 6-month intervals. Note: for extreme use the trailer will require more frequent wheel bearing service. 3. There is no warranty or compensation for any transport, accommodation, towing or recovery costs, lost business, spoiled product arising from a warranty claim; these are the responsibility of the purchaser unless otherwise stated in writing by Hardcore Trailers Australia. 4. Overloading of trailer and causing damage to suspension is not warranted. We suggest you take careful note of the ATM of your trailer as per your VIN plate and do not overload it for safety and structural reasons. 5. Drilling through the trailer will void warranty on the affected area and is likely to cause moisture inside the panel, blistering and bubbling. Under no circumstances should you drill the trailer and leave untreated or unpainted. 6. Any Equipment that has been altered or modified in a manner not approved by HCT Australia Pty Ltd T/A Hardcore Trailers Australia is excluded from the warranty. 7. Defects caused by normal wear and tear, or lack of reasonable and proper maintenance are not warranted. 8. Normal maintenance parts and service, including but not limited to vehicle maintenance of our trailers, tyres, sealant, rubber seals, bearings, light bulbs, wiring, screws and rivets etc are classed as normal wear and tear items and as such are not included in the warranty. 9. Defects caused by user negligence. 10. Defects caused by misuse or abuse, including but not limited to use of Equipment: (i) beyond stated or reasonable specifications or tolerances, (ii) or contrary to the Equipment’s intended purposes. 11. Defects caused by the use of equipment not purchased via Hardcore Trailers Australia. 12. Costs of parts cleaning, adjustments, service calls, diagnostics, and clean up. 13. Costs of rental of replacement equipment during the repair period. 14. Window and door glass and mirrors. 15. Freight charges on replacement parts. 16. Addition or replacement of chemical weight materials. 17. Damage or defects caused by accident, theft, fire, flood, vandalism, or an act of God. 18. Equipment which has been declared a total loss and subsequently salvaged. 19. Overtime labour charges. 20. Transportation of Equipment and travel time (including mileage). 21. Any failure or defect not caused by a defect in workmanship or materials. 22. Sealant in trailers including on the roof, outside, and internally is a maintenance item. 23. Matching paint colours D. Terms of Warranty 1. Warranty is only valid to trailers and accessories that have been well maintained, kept clean, tidy, and neat. Note: if a warranty claim is lodged, service documentation may be required to support your claim. 2. All warranty work is to be carried out by Hardcore Trailers Australia or by a Hardcore Trailers Australia authorized representative unless with the express written permission of Hardcore Trailers Australia. Hardcore Trailers Australia will repair or replace the item at their discretion. 3. Hardcore Trailer Australia takes no responsibility for any losses of income, or losses of another nature occurring while any trailer warranty issue is being warranted and/or repaired. 4. Some items are supplied from third party Australian suppliers. In some cases, you will need to contact third party suppliers directly as they warrant their own items and undertake repairs for you. We will advise if this is the case. They will have their own service network and service you quickly. E. Termination of Warranty 1. This warranty terminates and is voided immediately upon the occurrence of any of the following: 2. Use of trailer for rent, hire or loan. 3. Use of any replacement part that is not a genuine authorized part. 4. Any area of the trailer which has been modified after delivery of your trailer by Hardcore Trailers Australia. 5. Failure to timely and completely perform regular maintenance and service of your trailer. 6. Failure to perform Purchaser’s obligations as set forth in this warranty. 7. Misuse or abuse of equipment, including but not limited to use of equipment: (i) beyond stated or reasonable specifications or tolerances, (ii) contrary to the terms of the owner’s manual, or (iii) contrary to the equipment’s intended purposes. 8. Transfer of ownership of your trailer. Warranty is valid only to the original purchaser and may not be transferred or deferred in any way. Once sold or otherwise disposed of by the original purchaser to any third party, warranty becomes void. F. Exclusion of Implied Warranties and Limitation of Liability - This warranty is in lieu of all warranties of merchantability, fitness for a particular purpose or other representations, warranties or conditions, expressed or implied, all of which are hereby excluded. The remedies of this warranty set forth herein are exclusive. HCT Australia Pty Ltd T/A Hardcore Trailers Australia neither assumes, nor authorizes any person to assume for it, any other obligation or liability in connection with the sale of covered equipment. Correction of defects, in the manner and for the applicable period of time provided above, shall constitute all obligations of HCT Australia Pty Ltd T/A Hardcore Trailers Australia sales to the purchaser, and HCT Australia Pty Ltd T/A Hardcore Trailers Australia shall not be liable for negligence or breach of contract with respect to covered equipment. In no event shall the purchaser be entitled to recover for incidental, special, or consequential damages, including but not limited to, lost profits or income, cost of rental or replacement equipment, inconvenience, or other commercial losses, because some jurisdictions do not permit limitations or exclusions of implied warranties or incidental or consequential damages, the above exclusions may not apply to you. G. Purchaser’s Obligation - To secure warranty service, the Purchaser must promptly report the defect by emailing [email protected]. The Purchaser must maintain the trailer and equipment and keep records and receipts for such maintenance. HCT Australia Pty Ltd T/A Hardcore Trailers Australia may ask the Purchaser to prove that regular maintenance has been timely and properly performed. If a covered defect occurs, it is the Purchaser’s responsibility to cease operating the equipment until repairs are made. Damage which occurs from continued operation may not be covered by this warranty. General conduct whilst dealing with our staff and suppliers – Your polite and respectful conduct is expected. Abusing staff, ringing and demanding instant fixes outside of or during business hours, threatening, intimidating or unreasonable behaviour, verbal or physical abuse towards staff is not tolerated. H. Owner’s Responsibility - Keep all safety guards and devices in place when operational. Failure to do so could result in personal injury or equipment damage. I. Terms and Conditions of Sale Force Majeure – No Party shall be liable or responsible to the other Party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any obligations to make previously owed payments to the other Party hereunder) when and to the extent such failure or delay is caused by or results from acts beyond the impacted Party’s (“Impacted Party”) reasonable control, including, without limitation, the following force majeure events (“Force Majeure Event(s)”) that frustrates the purpose of this Agreement: (a) acts of God; (b) flood, fire, earthquake or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order or law; (e) actions, embargoes or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority; (g) national or regional emergency; (h) strikes, labour stoppages or slowdowns or other industrial disturbances; (i) epidemic, pandemic or similar influenza or bacterial infection (which is defined by the Australian Centre for Disease Preparedness as virulent human influenza or infection that may cause global outbreak, or pandemic, or serious illness); (j) emergency state; (k) shortage of adequate medical supplies and equipment; (l) shortage of power or transportation facilities; and (m) other similar events beyond the reasonable control of the Impacted Party. J. Scope of Liability - Hardcore Trailers Australia will not be held liable for any direct loss or damages, including, but not limited, to consequential and indirect loss and damage of any kind arising out of the supply, design, assembly, installation or use of the goods, except for direct damage to the goods themselves, and the limit of liability of Hardcore Trailers Australia shall be for the repair or replacement of the damaged goods, at their sole discretion. Subject to any applicable State or Federal Statute to the contrary, Hardcore Trailers Australia loss is limited and does not cover any other damages including any items stored in the trailer.
