WARRANTY TERMS AND CONDITIONS
This document sets out the terms and conditions of the Warranty provided by the Company in relation to the Goods (Warranty Terms and Conditions).
(a) Company means MacLeod Imports Pty Ltd ABN 38 612 441 746.
(b) Goods means the engines supplied by the Company.
(c) Warranty Period means the date commencing from the date of supply by the Company to you and continues for:
i. 3 months from that date for petrol/diesel/turbo diesel engines; or
ii. 1 month from that date for petrol turbo engines.
1.2 Subject to the Warranty Terms and Conditions, the Company warrants that the Goods are free from any defects in materials and workmanship for the duration of the Warranty Period (Warranty).
2. CLAIM PROCEDURE
2.1 Warranty claims must be received by the Company within the Warranty Period.
2.2 In order to make a Warranty claim you must provide the following to the Company as soon as possible:
(a) proof of purchase of the Goods;
(b) completed Company claim form; and
(c) the Goods,
2.3 The Claim Requirements detailed above must be returned to the Company at 198 Kingston Road, Slacks Creek Qld 4127 at your own cost.
2.4 The Company may refuse in its absolute discretion to accept any Warranty claim which is not made in accordance with the Warranty Terms and Conditions.
2.5 Upon receipt of the Goods, the Company will arrange for the Goods to be assessed to determine if there is any defect covered by the Warranty.
2.6 The Company will respond to the Warranty claim within a reasonable time.
3.1 If the Warranty claim is accepted, the Company will, at its option repair the Goods, replace the Goods or a part thereof with the same or similar goods or part or refund the purchase price of the Goods.
4. EXCLUSIONS AND LIMITATION
4.1 The Warranty applies only to the original purchaser and is not transferable.
4.2 The Warranty does not cover or apply to any of the following:
(a) the cost of transportation, installation or labour in relation to the Goods or replacement goods;
(b) any damage to the vehicle to which the Goods are attached/fitted;
(c) the cost of any work (e.g. repairs, replacements, alterations etc.) carried out by a third party;
(d) any defect in materials or workmanship if:
i. you examined the Goods before having agreed to purchase the Goods and the examination ought reasonably to have revealed the defect; or
ii. the defect was specifically drawn to your attention before you agreed to purchase the product.
(e) Goods which have not had their diesel injectors cleaned and tested, common rail diesel injectors recorded/recalibrated to the engine control unit if recommended by the manufacturer;
(f) Goods which have not had the oil and oil filter, thermostat, water pump timing belt and any tensioners replaced and the cooling system including the radiator cleaned or re-cored before use;
(g) Goods modified or used in motor racing, off-road performance, competition or other similar activities;
(h) Goods that have been dismantled or partially dismantled;
(i) any accessories attached to the Goods including but not limited to a starter motor, alternator, water pump, clutch, flywheel, distributor, carburettor, turbocharger, fuel pump, injectors, injection pump and clutch throw-out bearings;
(j) the timing belt, oil leakage and overheating;
(k) Goods subject to a comprehensive insurance claim;
(l) any defect, damage or loss caused by or arising from:
iii. normal wear and tear;
iv. casualty, accident or a force majeure event;
v. incorrect installation;
vi. negligence or misuse;
vii. modification, alteration or repair; or
viii. any matter referred to in clause 4.2.
(m) loss or damage which is consequential, indirect or due to circumstances beyond the Company's reasonable control.
4.3 The Company does not accept any liability or make any warranty in relation to the Goods except as provided herein or as required by law. To the extent permitted by law, the Company's liability does not exceed the purchase price of the Goods and the Company will not be liable for any loss or damage which is consequential, indirect or due to circumstances referred to in clause 4.2.
4.4 The Warranty Terms and Conditions are governed by the law in the State of Queensland and the parties submit to the jurisdiction of the courts in that State.
5. OTHER RIGHTS
5.1 The Warranty applies in addition to the guarantees, rights and remedies conferred by the Australian Consumer Law and other applicable Commonwealth, State and Territory legislation. The Warranty does not exclude, affect or limit those guarantees, rights or remedies, except to the extent that their application may lawfully be excluded or limited.
5.2 Except as provided in this Warranty and to the extent permitted by law, all express and implied warranties, guarantees and conditions are expressly excluded.
5.3 Our 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 for 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 does not amount to a major failure.
6. CONTACT DETAILS
MacLeod Imports Pty Ltd ABN 38 612 441 746 of 198 Kingston Road, Slacks Creek Qld. Phone: 07 3208 0133 and Email: