DANTRANS DIFF & GEARBOX SERVICES
A.B.N. 68 509 318 108
TERMS & CONDITIONS AND WARRANTY POLICY
The following Terms & Conditions apply to all parts, repairs, services, exchange units, rebuilt units, gearboxes, differentials, clutch components and kits supplied by DANTRANS DIFF & GEARBOX SERVICES (referred to as “the Seller”).
By purchasing goods or services from the Seller, or by leaving a vehicle with the Seller for inspection, repair, servicing or collection, the customer (referred to as “the Buyer”) acknowledges that they have been provided with, and agree to be bound by, these Terms & Conditions to the extent permitted by law.
Nothing in these Terms & Conditions is intended to exclude, restrict or modify any rights or remedies that cannot lawfully be excluded, restricted or modified under the Australian Consumer Law or any other applicable legislation.
1. GOODS, SERVICES AND TITLE
1.1 Retention of title
All goods supplied by the Seller remain the property of the Seller until all amounts owing to the Seller, whether under the current transaction or any other transaction, have been paid in full.
Where permitted by law, if the Buyer defaults on payment or otherwise breaches these Terms & Conditions, the Seller reserves the right to recover possession of unpaid goods.
The Buyer must not sell, dispose of, encumber or otherwise deal with goods subject to retention of title in a manner inconsistent with the Seller's rights.
1.2 Prices
All prices quoted by the Seller are subject to change where there is an increase in supplier costs, freight, exchange rates, taxes, parts costs or other costs incurred by the Seller.
Unless otherwise stated, quoted prices exclude freight, delivery and insurance charges.
The Seller reserves the right to adjust a quotation where additional work, parts or costs are identified during inspection or repair.
2. ORDERS, RETURNS AND SPECIAL-ORDER PARTS
2.1 Returns
Goods may only be returned for consideration of a credit where:
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the goods have not been fitted, opened, used or altered;
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the goods are returned in their original condition and packaging where applicable; and
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the return has been approved by the Seller.
Nothing in this clause affects any rights the Buyer may have under the Australian Consumer Law.
2.2 Special-order parts
Parts specially ordered for a customer may require payment in full before the order is placed.
Special-order or custom-ordered parts exceeding $250 may require payment in full prior to ordering.
Special-order parts cannot be cancelled or returned for change of mind where the Seller is unable to return them to the supplier, subject to any rights available under the Australian Consumer Law.
3. PAYMENT
Unless otherwise agreed in writing, all invoices are payable on or before collection or delivery of the pin too vehicle, goods or completed work.
The Seller may withhold release of goods or vehicles where an amount remains outstanding, to the extent permitted by law.
A late payment fee of 2.5% per week may be charged on overdue commercial accounts where permitted by law and where such a charge has been agreed to or is otherwise legally recoverable.
Payment may be made by:
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Cash
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Visa or Mastercard
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Direct credit
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Other payment methods approved by the Seller.
4. FREIGHT AND DELIVERY
Unless otherwise stated, freight and delivery charges are payable by the Buyer.
Insurance is not included in freight charges unless specifically agreed.
Where the Buyer nominates an alternative freight company, the Buyer must notify the Seller before dispatch.
The Buyer is responsible for providing correct delivery details.
The Seller is not responsible for delays caused by freight companies, suppliers or other circumstances outside the Seller's reasonable control.
5. WARRANTY – GENERAL
The Seller provides the following warranty on applicable goods and services:
12 months or 20,000 kilometers, whichever occurs first.
This warranty applies to defective workmanship and/or materials in the goods or services supplied by the Seller, subject to the conditions and exclusions contained in these Terms & Conditions.
This voluntary warranty operates in addition to, and does not replace or limit, any rights or remedies available to the Buyer under the Australian Consumer Law.
5.1 Warranty assessment
All warranty claims must be submitted to the Seller for assessment.
The Seller must be given a reasonable opportunity to inspect, test and, where appropriate, drive the vehicle before the vehicle or relevant unit is removed, dismantled, repaired or altered by another party.
Where a warranty claim relates to a unit still fitted to a vehicle, the Seller may require the vehicle to be presented for inspection before determining whether the claim is covered.
No warranty re-work is to commence without prior approval from the Seller.
6. WARRANTY CONDITIONS
The warranty applies provided that the vehicle and relevant unit have been:
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correctly installed,
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correctly operated,
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maintained and serviced appropriately,
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used for their intended purpose; and
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operated within the manufacturer's specifications and the vehicle's intended capacity.
The Buyer must follow the vehicle manufacturer's requirements for servicing, lubrication and operation.
The warranty may not apply where a fault or damage has been caused or contributed to by:
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misuse
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abuse
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neglect
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overloading
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incorrect operation
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incorrect installation
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incorrect lubricant or lubricant grade
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insufficient or contaminated lubricant
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contamination by water, dirt, sand or other foreign matter;
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overheating
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modifications
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racing or motorsport
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excessive off-road use
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towing or load conditions beyond the vehicle manufacturer's specifications, or
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work, repairs or modifications carried out by another person or business.
7. SERVICING REQUIREMENTS
As a condition of the Seller's warranty, the vehicle/unit must be serviced at intervals not exceeding:
20,000 kilometres or 12 months, whichever occurs first.
Servicing must be carried out by a suitably qualified technician and appropriate records, receipts or other evidence of servicing must be retained.
The Seller may request service records when assessing a warranty claim.
8. EXCHANGE AND REBUILT UNITS
All exchange and rebuilt units supplied by the Seller are subject to the warranty conditions contained in these Terms & Conditions.
8.1 Units not installed by DANTRANS
Where an exchange, rebuilt or supplied unit is installed by a person or business other than DANTRANS DIFF & GEARBOX SERVICES, the Buyer must record the vehicle's kilometres:
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immediately before removal of the original unit; and
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immediately after installation of the replacement unit.
Failure to provide reasonable evidence of the vehicle's kilometres may affect the Seller's ability to assess the warranty claim.
8.2 Inspection before removal
If an issue arises with an exchange, rebuilt or repaired unit, the Seller must be given a reasonable opportunity to inspect and, where appropriate, drive the vehicle before the unit is removed.
Removing, dismantling, repairing or modifying the unit before the Seller has had a reasonable opportunity to inspect it may affect the Seller's voluntary warranty assessment.
9. WARRANTY REPAIRS
All warranty claims must quote the original invoice number.
Where a warranty claim is accepted, the Seller will determine the appropriate warranty remedy in accordance with these Terms & Conditions and applicable law.
Where re-work is required under the Seller's warranty, the Seller must be given the opportunity to carry out or arrange that re-work.
Work carried out by another repairer without the Seller's prior approval may not be covered by the Seller's warranty.
The Seller's warranty is limited to the goods and services supplied under the original invoice and does not automatically extend to unrelated components or subsequent repairs.
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If a unit is repaired or replaced during the warranty period, the original warranty period does not automatically restart or extend unless required by law or otherwise agreed in writing.
10. CUSTOMER-SUPPLIED PARTS
10.1 Parts supplied by the Buyer are not covered by the Seller's Warranty, regardless of whether the part was supplied at the Buyer's request or at the Seller's request.
10.2 Where the Buyer elects to supply a part, the Buyer is responsible for ensuring that the part is genuine, suitable, correctly specified and compatible with the vehicle and the work being carried out. The Seller is not responsible for defects, incorrect specifications, incompatibility, premature failure or other problems arising from or contributed to by a Buyer-supplied part.
10.3 In some circumstances, the Seller may request or require the Buyer to source a particular part where the Seller is unable to obtain the part through its usual suppliers, the part is unavailable, discontinued, back ordered, subject to supply restrictions, or otherwise cannot be sourced by the Seller within a reasonable time frame. Where that part is necessary to complete the repair or service, the Buyer may be required to source and supply the part before the Seller can complete the work.
10.4 Where the Seller has requested the Buyer to source a part for the reasons described above, the fact that the Seller has identified, specified, recommended or requested the part does not mean that the Seller warrants the part itself, its manufacture, quality, service life or availability.
10.5 The Seller will, where reasonably practicable, advise the Buyer of any known specification or compatibility requirements for a requested part. The Buyer remains responsible for obtaining and supplying the requested part in the required specification.
10.6 The Seller's Warranty applies only to the workmanship performed by the Seller to the extent that the workmanship itself is defective. The Warranty does not extend to failure, defects, incompatibility or premature wear of a Buyer-supplied part, or to any failure caused or contributed to by that part.
11. PARTS FITTED BY OTHER PERSONS
Unless otherwise agreed in writing, the Seller's warranty applies only to parts supplied and installed by DANTRANS DIFF & GEARBOX SERVICES.
Parts supplied by the Seller but installed, modified, dismantled or repaired by another person or business may not be covered by the Seller's voluntary warranty.
This does not affect any manufacturer's warranty or any rights available to the Buyer under applicable law.
12. MODIFIED VEHICLES
The Seller's warranty is intended for vehicles operated within their standard factory specifications and intended use.
The Seller's warranty may not apply to failures caused or contributed to by modifications, including but not limited to:
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engine modifications
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increased engine power or torque
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suspension modifications
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oversized tyres
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changes to gearing
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increased vehicle weight
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aftermarket drive line components
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competition modifications
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modified transfer cases or differentials, or
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other modifications that materially alter the load placed on the drivetrain.
Where a vehicle has been modified, the Buyer should disclose those modifications to the Seller before work is undertaken.
13. DIFFERENTIAL AND GEAR NOISE
Mechanical components, including gears, differentials, crown wheels, pinions and bearings, may produce operating noise.
Some levels of gear noise, whine, hum or mechanical sound may be inherent to the design, condition, manufacturing tolerances or operating characteristics of a mechanical assembly.
Absolute silence is not guaranteed.
A difference in noise between a newly supplied, rebuilt or repaired unit and the customer's previous unit does not, by itself, establish that the unit is defective.
The Seller will assess any reported noise to determine whether it is within reasonable operating characteristics or is the result of a defect or workmanship issue.
14. NEW FACTORY GEARBOXES AND COMPONENTS
Where a new genuine factory gearbox or other new genuine factory component is supplied, the component is supplied subject to the manufacturer's design, specifications, tolerances and operating characteristics.
A new factory component may operate differently from a previously fitted component, particularly where the previous component has accumulated significant kilometers or wear.
Differences may include, but are not limited to:
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gear noise
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gear whine
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vibration
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gear engagement
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shift feel
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stiffness
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smoothness
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drive line feel, and
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general driving characteristics.
The Seller does not represent or warrant that a new factory component will feel or sound identical to the component it replaces.
Where the manufacturer has identified known characteristics, revisions, modifications or manufacturing tolerances applicable to a component, those characteristics do not necessarily constitute a defect.
Nothing in this clause excludes or limits any rights the Buyer may have under the Australian Consumer Law.
15. CLUTCH WARRANTY
New clutch components supplied by the Seller are subject to the applicable manufacturer's warranty and the Seller's warranty conditions.
Where the Seller supplies and installs a clutch, the flywheel must be machined or replaced where required and the clutch must be installed by DANTRANS DIFF & GEARBOX SERVICES for the Seller's clutch warranty to apply.
Clutch failure or premature wear may be excluded from the Seller's warranty where caused by:
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incorrect installation
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incorrect adjustment
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driving technique
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excessive clutch slipping
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vehicle modifications
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towing or excessive loads
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contamination
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a defective or unsuitable flywheel, or
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another component or condition causing the clutch to fail.
16. OILS, SEALS AND GASKETS
Incorrect oil or lubricant may cause immediate damage to a gearbox, differential or other components.
Use of an incorrect lubricant or lubricant grade may exclude the Seller's warranty where the incorrect lubricant caused or contributed to the failure.
Oil seals and gaskets may have limited warranty coverage where they have been affected by:
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foreign matter
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dirt
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sand
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contamination
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impact
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incorrect installation, or
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off-road use.
17. SECOND-HAND PARTS
Second-hand parts are supplied as used components and are sold subject to the condition disclosed or reasonably apparent at the time of sale.
Where a limited warranty is offered on a second-hand component, the extent and duration of that warranty will be stated on the relevant invoice or quotation.
18. MOTORSPORT AND NON-STANDARD USE
The Seller's warranty does not cover damage caused by participation in motorsport or competition activities, including but not limited to:
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racing
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rallying
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hill climbing
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speedway
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drag racing
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drifting
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track days
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sprint events, or
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other competitive or high-performance driving.
The warranty may also not apply where the vehicle or component has been used outside its intended purpose or manufacturer's specifications.
19. BROKEN GEARS AND COMPONENTS
Mechanical breakage may result from a range of causes, including excessive load, shock loading, misuse, modifications, incorrect operation, insufficient lubrication or operation beyond the vehicle or components intended capacity.
Broken gears, shafts or other components will be assessed by the Seller to determine the cause of failure.
The fact that a component has broken does not, by itself, establish a manufacturing defect or defective workmanship.
Where a manufacturer's warranty applies to a component, the manufacturer's warranty conditions may also apply.
20. CONSEQUENTIAL LOSS
To the extent permitted by law, the Seller's warranty does not extend to indirect or consequential losses arising from a failure, including:
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loss of income
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loss of business
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accommodation
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towing
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alternative transport
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travel expenses, or
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other consequential costs.
21. WARRANTY NOT TRANSFERABLE
The Seller's warranty is provided to the original purchaser and is not transferable to a subsequent vehicle owner unless otherwise agreed in writing.
22. VEHICLE STORAGE
22.1 Vehicle storage at owner's risk
While a vehicle is on the Seller's premises, whether awaiting inspection, quotation, repair, parts, collection or other work, the customer remains responsible for ensuring that the vehicle is appropriately insured.
The Seller will take reasonable care of vehicles while they are in its possession. However, to the extent permitted by law, the Seller is not responsible for loss or damage arising from circumstances outside the Seller's reasonable control.
22.2 Personal belongings
Customers should remove all personal belongings from their vehicles before leaving them with the Seller.
To the extent permitted by law, the Seller is not responsible for loss or damage to personal belongings left inside a vehicle.
22.3 Parts delays
Where a vehicle remains on the premises because of parts availability, supplier delays, customer instructions or other circumstances outside the Seller's reasonable control, additional storage arrangements or charges may apply where agreed or permitted by law.
The customer remains responsible for maintaining appropriate insurance coverage for the vehicle.
22.4 External events
The Seller is not responsible, to the extent permitted by law, for damage caused by events outside its reasonable control, including:
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severe weather
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storms
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flooding
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fire
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theft
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vandalism, or
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other external events.
23. VEHICLE COLLECTION
Customers are responsible for collecting their vehicle within a reasonable period after being notified that work is complete or that the vehicle is ready for collection.
Where a vehicle remains on the premises for an extended period after the customer has been notified that it is ready for collection, the Seller may contact the customer to arrange collection and may discuss applicable storage arrangements or charges.
24. ACCEPTANCE OF TERMS
By:
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purchasing goods
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authorising repairs or services
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paying a deposit
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leaving a vehicle with the Seller, or
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accepting delivery of goods,
the Buyer acknowledges that they have been provided with these Terms & Conditions and accepts them to the extent permitted by law.
Where a quotation, invoice or written agreement contains terms that specifically vary these Terms & Conditions, the specific written agreement will apply to the extent of any inconsistency.
25. AUSTRALIAN CONSUMER LAW
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:
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to cancel your service contract with us; and
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to a refund for the unused portion, or to compensation for its reduced value.
If the failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel the service contract and obtain a refund for the unused portion.
For goods, you are entitled to choose a refund or replacement for a major failure. You are also entitled to have goods repaired or replaced if they fail to be of acceptable quality and the failure does not amount to a major failure.
26. IMPORTANT NOTICE
The warranty described in these Terms & Conditions is provided in addition to the Buyer's rights under the Australian Consumer Law.
Nothing in these Terms & Conditions is intended to exclude, restrict or modify any consumer guarantee, statutory warranty, right or remedy that cannot lawfully be excluded, restricted or modified.
Where there is any inconsistency between these Terms & Conditions and a mandatory requirement of applicable law, the mandatory legal requirement will apply.
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DANTRANS DIFF & GEARBOX SERVICES
A.B.N. 68 509 318 108