(Plain English version)
In this Warranty Terms and Conditions, unless otherwise indicated by the context:
- Agent means an approved Contractor, Sales Agent or Distributor as nominated by Imperial:
- Imperial means the business Imperial Horse Floats operated by the company known as SUNSHINE CASTLE INTERNATIONAL PTY LTD ACN 121 692 037;
- Imperial Horse Float means all horse trailers and related products sold by Imperial, an Authorised Agent or an Authorised Distributor to the purchaser;
- Goods means all products and accessories not referenced in the above paragraph and sold by Imperial, an Authorised Agent or an Authorised Distributor to the purchaser;
- Misuse means damage caused to an Imperial Horse Float by being used in any way other than its intended design purpose including but not limited to damage caused by an animal, an accident, theft related damage, neglect, lack of maintenance or wilful destruction, excessive or persistent off road use;
- Purchaser means the legal entity who purchases an Imperial Horse Float from Imperial, an Authorised Agent or an Authorised Distributor for valuable consideration.
- DATE OF EFFECT OF WARRANTY
- This warranty is effective for all Imperial Horse Floats purchased from Imperial, an Authorised Agent or an Authorised Distributor from the 1 st of January 2013.
- Imperial reserves the right to update the Warranty Terms and Conditions from time to time as it sees fit. In the event where the Warranty Terms and Conditions are updated, such new terms and conditions shall not operate retrospectively.
- GENERAL CONDITIONS
- Imperial’s Warranty Terms and Conditions cover the use of a Purchaser’s new horse float under normal conditions and service. Any modifications not carried out by Imperial or its Approved Contractors or agents may void this warranty unless previously agreed in writing and/or directly arranged by Imperial.
- Imperial shall not be liable for the costs of any repair or upgrade works arranged by the Purchaser that may constitute works under this warranty unless prior consent has been directly provided by Imperial or an authorised agent of Imperial.
- In the event that works or modifications are undertaken on the horse float by the Purchaser during the warranty period without the consent of Imperial or its authorised agents, this may constitute the voiding of the warranty.
- WARRANTY PERIODS AND TERMS
(A). Lifetime Warranty; for Imperial Horse Float Polexium flooring products includes;
- (i) Polexium floor materials and related fitment
(B). Five (5) year warranty; for Imperial Horse Float frame and body sheeting components and includes;
- (i) Chassis materials, body frame, roof frame, and panels,
- (C). Two (2) year warranty; is applicable for other Imperial Horse Float items and float components, including but not limited to;
- (i) Axles, suspension (including the suspension system assembly), wheel hubs
- (ii) Brakes and tyres and all general wear components consumed through normal use are not included.
- (iii) Bearings and bushes including grease-able service joints must be regularly serviced at 12-month intervals or 10,000klms whichever occurs first. Failure to do so may result in a warranty claim being declined in the case of wheel bearing and moving parts failures. Documentation of servicing will be required as proof for warranty claims in relation to wheel bearings and wearable moving parts.
- (iv) Paintwork is covered, however; the warranty does not cover damage due to normal wear and tear such as stone chips, dented panels and damage caused by animals including faecal and urine paint damage from animals.
- (D). One (1) year warranty; or as otherwise specified by the product packaging, manual or documentation for all goods sold by Imperial that are not specifically horse floats or their components including but not limited to
- (i) Electronic devices affixed to floats and or portable equipment
- (ii) Any and all products not specifically referred to in Sec 4(a),4(b)
- DEFECT CLAIMS
- Should the Purchaser suspect that the products contain a structural defect/s, the Purchaser shall return the horse float to Imperial for a full assessment at the Purchasers expense.
- The Purchaser may also at their discretion take the horse float to an Approved Contractor nominated by Imperial, whereby the Purchaser shall be liable for the full costs of any such inspection or assessment fees unless otherwise previously agreed with Imperial.
- If a defect/s is determined by Imperial or an Approved Contractor to be a manufacturing fault and it is within the warranty period for such defect type, Imperial shall fully reimburse the cost of any inspection and assessment fees to the Purchaser within 10 business days from the date of such determination and the Purchaser will be entitled to a refund, repair or replacement subject to Imperials discretion.
- If the defect/s is deemed to be a result of misuse or falls outside the warranty period, any inspection or repair or any fees payable whatsoever shall be entirely borne by the Purchaser.
- WARRANTY EXCLUSIONS
This warranty does not cover the following:
- Rubber parts, including rubber mats, flooring, rubber hoses, rubber framework strips, kick board rubbers, trim strips, rubber bushes, etc.
- Sealing parts, including all kinds of washers, oil seals, etc.
- Plastic parts, including windshield, door glass, side-window glass, bushes, etc.
- Imperial Horse Floats that fall outside of the warranty periods or otherwise cannot be reasonably confirmed to be within the warranty periods.
- Delivery or collection from the point of service or attendance at towing, breakdown, salvage or after-hours service.
- Any damage or work caused in part or in whole by the negligence of the Purchaser, its employees, agents or any third party other than Imperial, by the failure of the customer, its employees, or agents to comply with the procedures and maintenance schedule required by Imperial.
- Any work necessitated by any accident, theft, or act of wilful destruction, abuse, overloading or misuse of the horse float.
- Imperial or its agents will not be responsible for any claims for loss of use including any costs of hiring replacement vehicles or losing nomination or any fees whatsoever.
- Any repair or maintenance work, which has not had prior approval by Imperial, including but not limited to any licensed certified mechanic or repairer. Please note that any alterations or additions which may compromise the structural integrity of the float may void this warranty.
- This warranty is void if the float is refitted, altered, changed, or modified in any manner by any party not authorised by Imperial to do so.
- Issues with a float that arise if the float is not used or maintained properly in accordance with the Product Owner’s Manual or as specified by the Imperial float service schedule supplied by Imperial to the purchaser and displayed on the website as a downloadable document.
- Normal wear and tear of the float, including cover chipping or external painted surfaces, wheel or tyre wear, rubber wear under normal use, internal paint, hardwood flooring, handles, light globes and decals including pinstripes.
- Any damage caused or exacerbated by continued operation of an already damaged, defective, or malfunctioning horse float. Damaged, defective, and malfunctioning issues with the horse float must be corrected/repaired as soon as possible and continued usage of defective, damaged, or a malfunctioning float that leads to further defects, damage, or malfunctioning will not be covered under the scope of this warranty.
- The normal wear and tear of brake linings and other such related items are not covered by this warranty and should be inspected and adjusted at regular intervals, or replaced or adjusted as necessary.
- PURCHASER’S RIGHTS UNDER THE AUSTRALIAN CONSUMER LAW
Imperial’s goods come with guarantees that cannot be excluded under the Australian Consumer Law. Purchasers may be entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. Purchasers 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.
- PURCHASER RESPONSIBILITIES
Failure to comply with the following Purchaser’s Responsibilities may void this warranty:
- Use the float in the specific manner for which it is designed.
- Use of the float in an excessive or commercial capacity
- Ensure maintenance and services are carried out at regular intervals.
- Ensure that it is housed, cleaned and serviced regularly. Regular service intervals means no less than every twelve (12) months or 10,000klm travelled, from the date of purchase or the previous date of service, whichever comes first and or every six (6) months with high usage. Note: initial service must be performed within 3months of purchase date or 500km of road use whichever occurs first.
- Wheel bearings should be cleaned and re-greased and checked for wear every twelve (12) months or 10,000km whichever occurs first.
- Wheel bearings must be checked and adjusted three (3) months after the initial delivery of the horse float. Failure to do so may result in a warranty claim being declined in the case of wheel bearing failures. Service documentation will be required as proof of service for wheel bearing or any axel related claims.
- Any service or maintenance work must be carried out by a registered repairer or registered mechanic or returned to Imperial for its service or accessories to be fitted. Service documentation will be required as proof.
- Regular checks should be undertaken to ensure that tyre pressures stay within 40-45 psi measured at cold temperatures.
- Regular checks should be undertaken for floor wear, paint wear and wheel bearing wear as evidenced by free play.
- Suspension grease nipples must be regularly checked, cleaned and re-greased every twelve (12) months.
Regularly inspect the float for damage or wear that may result in unsafe use.
- Wheel nuts must be checked to ensure tightness to 140Nm (100Ft Lbs.) or as specified by your owner’s manual after the first 200km of travel and subsequently at no less than six (6) monthly intervals thereafter. Under frequent high use, we recommend shorter intervals.
Imperial may without prior notice terminate or remove part thereof or in its entirety, this warranty if:
- Any of the Purchaser’s Responsibilities referred to in clause 8 above are not met or maintained.
- The horse float has obvious damage caused by misuse, regardless of whether the float had a fault, before or after the alleged claim.
- The customer fails to service and maintain the horse float on a regular basis and the claim is associated with and/or is the direct result of neglect, rather than a warranty issue.
- Any component or part damaged and claimed under a warranty which is clearly the result of a horse’s actions and is not covered in any way by this warranty. This includes rubber, kickboards, tail-lights, windows, cupboards, tail-boards and or any component of the float damaged by a horse’s actions.