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info@brimarco.com.au 03 5339 1000

Manufacturer Warranty

Brimarco

Manufacturer Warranty

Manufacturer Warranty

  1. BCVT Pty Ltd of 17–19 Coronet Street, Wendouree, Victoria 3355 (the Company) which can be contacted via info@brimarco.com.au or (03) 5339 1000 expressly warrants that Brimarco Tough As trailers and their component parts (the Products) will be free from defects in material and workmanship for five (5) years from the date of delivery to the customer or the date of invoice to the customer, whichever is earlier (the Warranty Period).
  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).
  3. Subject to the applicable laws, including the Australian Consumer Law, this Manufacturer Warranty does not apply to proprietary items such as hydraulics, tyres, brakes, rims, wheels, suspensions, signage and similar equipment which is covered by individual manufacturers' warranties.

    Significant Proprietary Items

    1. Hydraulics (1 yr) The hydraulics are warranted for one (1) year. Warranty terms and conditions can be accessed by contacting Pirtek on 13 4222, or at pirtek.com.au/terms.
    2. Suspension & Axle Warranty terms can be accessed by contacting FUWA K Hitch on (03) 9369 0000, or downloaded from khitch.com.au.
  4. Brimarco offers no Warranty or Defects Liability Guarantee on sub-components, installed equipment or fittings other than that offered by the original manufacturer of the sub-components, installed equipment or fittings, and supplied by Brimarco as original equipment. Manufacturers' warranties on fitted items to start at time of vehicle registration.
  5. Subject to the applicable laws, including the Australian Consumer Law, this Manufacturer 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. Brimarco is notified of a warranty claim within the Warranty/Defects Liability Period and prior to repair, replacement or remedy;
    3. the warranty claim was reported in writing and approved by Brimarco prior to any repairs, replacement or service being undertaken;
    4. the Products have been used in accordance with legal loading and speed limits, correctly coupled and operated in such a way as prescribed by the Company or if the Company does not prescribe conditions, then in such a manner as is considered good practice for such Products;
    5. the customer has submitted the Products for testing and inspection during the Warranty Period in accordance with the Company's Service Policy dealing with servicing and inspections (a copy of this policy is supplied with each trailer and available on request from the Company);
    6. no replacement part(s) have been used in relation to the Products other than one supplied or approved by the Company;
    7. the Products have not been repaired, altered or modified in any way by persons other than the Company or its authorised service agents;
    8. the Products (or affected parts) have been returned to 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);
    9. the Products have been fully paid for; and
    10. the Products have been maintained and serviced in accordance with the Company's Service Policy.
  6. Subject to the applicable laws, including the Australian Consumer Law, this Manufacturer 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: tyres, rims, bumpers, flooring, paintwork);
    3. incorrect, faulty or negligent operation or maintenance of the Products including coating or cleaning of the paints with any preparation not approved in writing by the Company;
    4. misuse or other unsuitable operation of the Products, including overloading;
    5. negligence or error in storing, maintaining or handling the Products including the use of unsuitable cleaning agents;
    6. use of the Products following discovery of a fault which has not been rectified; or
    7. any cause not directly attributable to the Company.
  7. Except as provided in this Manufacturer Warranty, the Company makes no express warranties in respect of the Products, although you may have other rights and remedies available to you under the applicable laws, including the Australian Consumer Law. Subject to the 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. Warranty/Defect Liability Guarantee claims can only be accepted and authorised by the Managing Director or the General Manager of Brimarco and validated by the issue of a Work Order Number or a Purchase Order Number to an authorised repairer.
  9. Before any warranty claim is approved, Brimarco reserves the right to inspect and examine the allegedly defective parts or components. Customers are to retain any defective or damaged parts for inspection and at Brimarco's request return the product and/or parts to Brimarco or its authorized representatives for inspection before any claim is approved.
  10. The customer acknowledges and agrees to respond promptly and cooperatively to any reasonable requests made by Brimarco or its authorized representatives in connection with the warranty claim process. In the event that the customer fails to respond within a reasonable timeframe to reasonable requests, Brimarco reserves the right to suspend the processing of the warranty claim until a response is provided. Failure to respond in a timely manner may result in the denial or rejection of the warranty claim, and Brimarco shall not be held liable for any consequences arising from the customer's failure to respond. Brimarco will make reasonable efforts to notify the customer of any non-compliance with this clause and provide an opportunity to rectify the situation.
  11. In the event that Brimarco is unable to fulfill its obligations under this warranty policy due to circumstances beyond its reasonable control, including but not limited to acts of God, war, terrorism or governmental actions, Brimarco's performance will be excused for the duration of the force majeure event.

Warranties Implied by Law

  1. Nothing in this Manufacturer 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 clause to be void.

Limitation of Liability

  1. Subject to the applicable laws, including the Australian Consumer Law, the Company's liability for a breach of the Manufacturer Warranty is limited to any one or more of the following as determined by the Company:
    1. the replacement of the Products or the supply of equivalent Products; or
    2. the repair of the Products; or
    3. the payment of the cost of replacing the Products or of acquiring equivalent Products; or
    4. the payment of the cost of having the Products repaired; or
    5. in the case of goods, to any one or more of the above as determined by the Company.
  2. Replaced parts become the property of the Company. If parts are returned under this Manufacturer Warranty, the customer is not entitled to make any deduction from remittances or current accounts without the Company's consent.
  3. Warranty work is only to be undertaken by an authorised Brimarco dealer. Warranty work may only be undertaken by an alternative repairer with the prior written approval of the Company.
  4. Brimarco does not include in its Warranty or Defects Liability Guarantee the coverage of transport, shipping or freight charges incurred in the transporting of a unit, sub-component, part or material to Brimarco's factory or authorised repairer for repair, replacement, or service.
  5. This Policy sets out the full extent of Brimarco's obligations and liabilities in respect of the supply of the products and performance of the services and there are no warranties, conditions or other terms that are binding on us except as expressly stated in the Policy. Any warranty, condition or other term concerning the Products or Services which might otherwise be implied into or incorporated in the Policy by statue, common law or otherwise (including without limitation any implied term as to the quality or fitness for purpose) is hereby expressly excluded.
  6. Notwithstanding Clause 8 herein, nothing in this Policy excludes, restricts or modifies any condition, warranty, right or liability implied into this Policy (including any condition, warranty, right or liability imposed by the Competition and Consumer Act 2010) where to do so is illegal or would render any provision of this Policy void.

Remedies

  1. To make a claim in relation to the Products under this Manufacturer Warranty the customer must contact their selling dealer or the Company within the Warranty Period on the contact details provided in clause 1. If the Company determines that the customer has a claim under this Manufacturer Warranty, the Company will act in accordance with clause 8. The customer will be responsible for its costs of making a warranty claim under this Manufacturer Warranty.

BCVT Pty Ltd trading as Brimarco · 17–19 Coronet Street, Wendouree VIC 3355 · info@brimarco.com.au · (03) 5339 1000