Graham Lusty Trailers
Warranty

1.

INTEGRATION WITH SALE AGREEMENT

1.1 This GLT Warranty will be read and deemed Part C of the Contract. Nothing in this Contract modifies or excludes the conditions, warranties or undertakings or other legal rights in the ACL and other Australian laws which cannot be excluded by law.
1.2 Definitions used under this GLT Warranty are located under the General Conditions available here https://www.grahamlustytrailers.com.au/glt-sales-conditions/

2.

AUSTRALIAN CONSUMER LAW

2.1 GLT acknowledges that the benefits provided to the Customer by the Warranty are in addition to other rights and remedies available to the Customer under the ACL.
2.2 GLT’s goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For Major Failures with the service, the Customer is entitled:

  • to cancel the Customer’s service contract with GLT; and
  • to a refund for the unused portion, or to compensation for its reduced value.
  • The Customer is also entitled to choose a refund or replacement for Major Failures with goods. If a failure with the goods or a 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: –
  • a refund for the goods;
  • to cancel the contract for the service and obtain a refund of any unused portion; and
  • to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.

3.

GLT WARRANTY FOR GLT COMPONENTS

3.1 Subject to these terms and conditions, GLT warrants that GLT Components will be free from Defects under normal application, use and conditions during the GLT Warranty Period.
3.2 For the GLT Warranty Period and unless otherwise required under the ACL:-

  • (A) the Customer shall continually comply with the Maintenance Schedule; and
  • (B) GLT or the Repair Network will be available for:-
    (i) the repair of; and
    (ii) supply for:-
    – GLT Components;
    – Supplier Components; or
    – their equivalent replacement
    the Trailer.
3.3 The parties agree that any Liability of GLT for a breach of any condition or warranty (including any implied by law except for Major Failures) is limited to, at GLT’s option, in the case of:

  • (A) Defective Components the:
    (i) replacement of the Components or the supply of equivalent Components;
    (ii) repair of the Components; or
    (iii) payment of the cost of:-
    (1) replacing the Components or of acquiring equivalent Components; or
    (2) having the Components repaired;
  • (B) services the:
    (i) correction of a Defect; or
    (ii) payment of the cost of correcting a Defect;
3.4 Unless otherwise required under the ACL, the Customer may only activate the appropriate warranty in the event that the Defect becomes apparent during the Warranty Period.
3.5 If a GLT Component is repaired or replaced, the remainder of the GLT Warranty Period will apply to the repaired or replaced GLT Component. The original GLT 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 the ACL, GLT is not liable for any Defects if, and to the extent that it is due to, or comprises:-

  • (A) damage or defects from after the Trailer has been Collected by the Customer for reasons not related to their state or condition at the time of Collection;
  • (B) faults or liabilities for Defects of which the Customer was aware or ought reasonably to have been aware of at the time of contracting for the sale or supply of the Trailer or in respect of which adequate instructions or warnings (including safety warnings) are given on or before Collection;
  • (C) theft or vandalism of the Trailer after Collection;
  • (D) failure by the Customer to notify GLT within fourteen (14) of when the Defect first occurs;
  • (E) superficial faults, dents or marks that do not impact the performance of a GLT Component;
  • (F) damage or deterioration that occurs after Collection;
  • (G) misuse or abusive use of a GLT Component;
  • (H) the incorrect installation or operation of the Trailer or not following any documentation provided on Collection;
  • (I) the incorrect maintenance of a Trailer or not following Maintenance Schedules;
  • (J) the storage, installation, commissioning, modification, repair of a GLT Component that is performed by anyone other than by GLT authorised personnel;
  • (K) the use of non-authorised/non-standard, defective or incompatible Components;
  • (L) or 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 GLT;
  • (M) caused by an accident for which GLT is not responsible;
  • (N) any matter referred to in Section 262 of the ACL, so far as they may be appropriate.

5.

SUPPLIER’S WARRANTY

5.1 Nothing in the Contract excludes, modifies or restricts any rights or remedies of the Customer against any other manufacturer or Supplier of Defective Supplier Components.
5.2 Power of attorney. The Customer appoints GLT as their attorney for the purpose of enforcing any available rights or remedies under any available express warranty provided by a Supplier to the Customer, as requested by the Customer from time to time. 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 this clause 5.2; and authorises the attorney to register this power of attorney at any place.
6. WARRANTY WORK
6.1 The Customer accepts that Warranty Work:-

  • may only be undertaken by GLT or a member of the Repair Network; and
  • may only be undertaken by an alternative repairer with the prior written approval of GLT, who has been approved by GLT.
6.2 GLT is not responsible for repair work conducted by a repairer which is outside the scope of the GLT Warranty.
6.3 Within fourteen (14) days of the identification of the alleged Defect, the Customer will notify GLT of the invocation of the operation of the GLT Warranty, the identification of the alleged Defect and provide a copy of their Maintenance Schedule.
6.4 The Customer must notify GLT of the alleged Defect by contacting
GLT customer service,
179-181 Magnesium Drive, Crestmead QLD 4132
M: 0419 823 871
E: [email protected]
6.5 Immediately upon identifying the alleged Defect, the Customer must immediately cease using the allegedly Defective Trailer and/or Defective Component.
6.6 Upon notification to GLT of the identification of the alleged Defect:-
GLT within three (3) business days will nominate whether an Authorised Repairer or GLT will conduct the Warranty Work; and
The Customer within fourteen (14) days will coordinate the return the Defective Trailer and/or Defective Component to the nominated Authorised Repairer or GLT and remain responsible for the cost of such return;
6.7 Upon the return of the Defective Trailer and/or Defective Component to the nominated Authorised Repairer or GLT, GLT will confirm:-

  • whether the Defective Trailer and/or Defective Component is Defective
  • what is and is not covered under Warranty and any non-warranty related costs associated with any repairs;

7.

EXPENSE CLAIMS

7.1 GLT acknowledges and accepts responsibility for GLT’s expenses associated with a warranty claim excluding the cost of the return of the Defective Trailer and/or the Defective Component to the nominated Authorised Repairer or GLT. If required, the Customer can make any expense claim directly with GLT at [email protected]

v0505:GLTv0101 | 200625 | GLT

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