LEGEND CARAVANS WARRANTY
1 WHAT THIS WARRANTY RELATES TO
1.1 Legend Caravans Pty Ltd (“Legend Caravans”) of 2 Florey Court Somerton VIC 3062 hereby provides the following warranty in connection with its Caravans (“Warranty”)
Caravans means caravans manufactured by Legend Caravans including all parts of the manufacture.
1.2 This Warranty is only applicable to any defective works of any Caravan subject to the terms and conditions contained herein and any limitations provided under the Australian Consumer Law.
1.3 To the extent permissible under Australian Consumer Law, this Warranty is voidable or unenforceable where the Purchaser (including any Dealer, Purchaser or otherwise) fails to comply with the terms and conditions set out below:
(a) the Warranty shall not cover any defect or damage which is caused by or contributed to, the Purchaser’s negligent, reckless or wilful act or omission and defects or damage arising from without limitation:
(i) failing to properly use, maintain or store the Caravan; or
(ii) the Caravan being used in a manner that is inconsistent with its design and purpose; or
(iii) the Dealer failing to deliver Caravan to the Purchaser in the reasonably same condition at the time of the Dealer purchased the Caravan;
(iv) the Purchaser continuing to use of the Caravan after any defect has become apparent to the Purchaser or ought to have become apparent to a reasonably prudent person;
(v) failing to follow any instructions or guidelines provided by the Seller of the Caravan and any Instruction Manual;
(vi) the Purchaser and/or the Dealer failing to complete and sign the Warranty Registration Form attached to this Warranty and found on https://www.legendcaravans.com.au/ within fourteen (14) days of the delivery of the Caravan;
(vii) installation, repair, or alteration or modification of the Caravan by an unauthorised entity or person or parts and accessories that Legend Caravans did not manufacture;
(viii) the installation of any accessories or fittings including air conditioning units or other items after the Caravan has been delivered or has left the Premises;
(ix) existing defects noted in the Delivery Checklist accepted by the Purchaser at the time of delivery;
(x) any on or off road accidents, speeding, and any other cause beyond the reasonable control of Seller,
(xi) failure to comply with any Laws including any roadworthy condition;
(xii) failure to maintain the Caravan;
(xiii) abnormal exposure to conditions including environment, fire, water, pressure, humidity or stress;
(xiv) any act of god or force majeure including earthquakes, fires, flooding, riots, storms, tornadoes,
(xv) fair wear and tear of the Caravan due to exposure,
(xvi) rental hire, license, or commercial use of this Caravan;
(b) in respect of all claims the Seller shall not be liable for any delay in either replacing, modifying, restoring or remedying the workmanship or in properly assessing including any requirement for the Purchaser’s claim.
(c) This Warranty does not offer cover for any accessory items fitted to the Caravan. These accessory items carry a manufacturer’s warranty of twelve (12) months from the date of sale and will be subject to that third-party manufacturer’s warranty. Any claims in respect of accessory items will need to be directed to the relevant manufacturer.
2 SELLER OBLIGATIONS
2.1 The Seller will repair any defect but will be limited to supply only of the replacement or repaired faulty components or Caravan. This may include refurbished parts of the same type.
2.2 Any works including removal and re-installation costs to enable the Seller to carry out the repair and disassembling and reassembling the Caravan (as the case may be) required in order to assess the defect are the responsibility of the Purchaser.
PURCHASER OBLIGATIONS
3.1 To claim the benefit of the Warranty, the Purchaser must:
(a) present the defective Caravan to the Seller (or an authorised assessor) for inspection for defective workmanship and provide evidence of the claimed Defect;
(b) provide evidence of proof of purchase upon request by the Seller; and
(c) the Warranty Documents.
3.2 This Warranty is personal to the Purchaser and as such it is not transferrable to any person other than the Purchaser. Any warranty offered is made only to the original Purchaser who must produce the original sales invoice at the point of submitting a warranty claim.
3.3 The claim listed in clause 3.1 may be made in person, or the claim may be sent to the address listed on this form, or email address including the particulars required under clause 3.1 zoran@legendcaravans.com.au
3.4 The appropriate form for making a claim for warranty is attached and must be used whether the claim is being made in person, or mailed to the address on this form, must be made by email or legend caravans website.
4 DURATION OF WARRANTY
4.1 The expressed warranty will cease in respect of the Caravan supplied from the date of delivery in accordance with clause 7 of the Seller’s Terms and Conditions of Trade subject to:
(a) twenty-four (24) months manufacturing warranty (parts and equipment Manufactured by Legend Caravans)
(b) sixty (60) months structural (Framing Warranty)
4.2 If a Defect does not materialise in the Caravan prior to the date provided in clause 4.1 of this Warranty, the Seller will have no liability to the Purchaser under this Warranty Against Defects and the Purchaser releases the Seller from all claims for loss or damage in any way connected with the Caravan
5 RESPONSIBILITY FOR COSTS OF CLAIM
5.1 The Purchaser is responsible for all costs and expenses incurred by the Purchaser in making a claim or complying with its obligations under this Warranty including without limitation, any and all fees associated with or in connection to (directly or indirectly) towing, delivering or otherwise transporting the Caravan including travelling time in circumstances where a repair is engaged, storage, maintenance and inspection.
5.2 Any works required to be completed under this clause, which are in addition to those directly related to rectification of a defect will be at the cost of the Purchaser
6 RIGHTS AT LAW
6.1 The benefits given to the Purchaser under this Warranty are in addition to other rights and remedies of the Purchaser at law in relation to the Caravan and the Services
6.2 The Caravan come with guarantees that cannot be excluded under the Australian Consumer Law. The Purchaser is entitled to a repairer or replacement / refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. The Client is also entitled to have the Caravan/ repaired or replaced if the Caravan fail to be of acceptable quality and the failure does not amount to a major failure.
6.3 Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with service, you are entitled:
(a) to cancel your service contract with us; and
(b) to refund for the unused portion, or to be compensated or its reduced value . you are 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, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund