This Contract is between the Company and the Customer who has purchased this policy, together the “Parties” and each a “Party”.
The benefits conferred by this Contract are in addition to all other rights and remedies in respect of the Customer which the consumer has under the Competition and Consumer Act 2010 and similar State and Territory laws. The Australian Consumer Law (“ACL”), which is Schedule 2 of the Competition and Consumer Act 2010, helps protect consumers by giving them certain guaranteed rights when they buy goods or services. These rights apply automatically whenever goods or services are supplied to a consumer. They are known as “Consumer Guarantees”. Our goods and 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
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 for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.
Should any false or fraudulent statement be made by the Customer or any person acting on the Customer’s behalf, with the Customer’s knowledge, in support of any claim, or if the odometer has been tampered with, made inoperative or altered, then the Company may terminate this Contract in accordance with the following clause and the Customer’s rights to claim shall be forfeited in respect of all future claims.
Subject to the Customer’s rights under Australian Consumer Law, to the maximum extent permitted by law: a Party’s liability under this Contract will be reduced proportionately to the extent the relevant liability was caused or contributed to by the acts or omissions of the other Party, including any failure by that other Party to mitigate its loss; and neither Party will be liable for consequential, special or indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
It is the responsibility of the Customer to minimize, where possible, the liability of the Company, such as not driving the vehicle when to do so may cause further damage.
In the event of any breach of the terms and conditions of the Contract by a Party (Defaulting Party), the other Party (Non-Defaulting Party) reserves the right to immediately cancel the Contract, if the breach has not been remedied within 10 business days of the Defaulting Party being notified of the breach by the Non-Defaulting Party.
If the nominated vehicle:
Has been exported to another country, or
Has been affected by beach use, or
Has been used for competitive driving or racing, or has been tested in preparation thereof, the Contract will be immediately deemed null and void and all rights forfeited.
This Contract is not transferable to another vehicle or person.
All headings in this document have been inserted for the purpose of ease of reference only. They do not affect the meaning or interpretation of it.