A. Unless the Parts and Materials comes with a manufacturer’s warranty longer than the warranty period (Manufacturer’s Warranty Period), RACV Trades warrants that the Parts and Materials supplied pursuant to this Agreement will be free of material errors or defects for a period of 12 months from the date the Job was completed (Parts and Materials Warranty Period).
B. If you experience any operational faults, errors or defects in the Parts and Materials during the Manufacturer’s Warranty Period or the Parts and Materials Warranty Period, you must contact RACV Trades as soon as possible to permit RACV Trades to carry out work to rectify the faults, errors or defects (Warranty Work). Any Parts and Materials or part thereof that is proved to be defective will be repaired or replaced by RACV Trades at its option, at no cost to you.
C. In addition to any general or statutory warranties you may be entitled to, RACV Trades warrants all workmanship and labour for a period of 12 months from the date the Job was completed. Errors or defects in the Job that are notified to RACV within 12 months will be rectified, resupplied or the purchase price of the works refunded to you, at our discretion (Workmanship Warranty).
D. Determination of the existence of, and the liability for, the rectification of errors or defects, is at the discretion of RACV Trades, acting reasonably. The liability of RACV Trades to remedy errors or defects shall not apply to the extent that the error or defect arises from the circumstances described in section 14E.
E. You acknowledge and agree that the warranties provided under this Section 14 do not cover:
i. any defect, fault, damage or malfunction caused by your failure to regularly maintain and test any Parts and Materials in accordance with the applicable Australian Standards and the manufacturer's recommendations;
ii. fair wear and tear;
iii. any error, defect, fault, damage or malfunction caused by your negligence, fault, neglect, abuse or incorrect installation by you,
iv. connection or use of the Parts and Materials or any error, defect, fault damage or malfunction caused as a result of vandalism, fire, water damage, power surge, lightning, electrical storm or any other circumstance outside of RACV Trades control or that of the manufacturer;
v. any error, defect, fault, damage or malfunction caused by your failure to replace consumables required for the use and operation of the Parts and Materials (such as, without limitation, batteries or light bulbs); or
vi. any actual or attempted unauthorised repair, modification, removal or reinstallation of, interference with or work on, the Parts and Materials by any person other than RACV Trades.
F. You must notify RACV Trades of any warranty claim in accordance with this section 14 by:
i. contacting RACV Trades on 1300 481 462; or
ii. writing to RACV Trades at level 2, 550 Princes Hwy Noble Park, 3174 upon the defect first coming to your attention.
G. RACV Trades reserves the right to inspect and verify all warranty claims and to the extent reasonable and permitted by law, all decisions regarding the Workmanship Warranty are final.
H. RACV Trades will not accept third party invoices for rectification work completed without RACV Trades express pre-approval in writing.
I. Warranty Work will be performed when reasonably requested by you during business hours, unless otherwise agreed. RACV Trades will not be liable to you for any claims made for injury, loss or damage to any person, resulting from RACV Trades failure to provide the Warranty Work if you fail to give RACV Trades access to your Property.
J. If, after the expiry of the relevant warranty period, you request (either, in writing or via telephone) RACV Trades to diagnose and rectify an error, defect, fault or malfunction in the Parts and Materials, RACV Trades may charge you a fee for such diagnosis, rectification or advice at its standard rates.
K. RACV Trades 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 in some cases, 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 is considered to be a minor failure. The benefits under our warranties are in addition to other rights and remedies under a law in relation to the goods/services.
L. RACV Trades' services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:
- to cancel your service contract with us; and
- to a refund for the unused portion, or to compensation for its reduced value
You are also entitled to be compensated for any other reasonably foreseeable loss or damage.
If the failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.