The following information relates to warranties offered by MDC. Please read these Warranty Terms carefully. Should you have any questions relating to this Warranty, then please contact us. (1300 494 494) Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You 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. VALIDITY OF CLAIMS Claims under this Warranty may only be made by the original purchaser of the item in question. This Warranty commences on the original date of purchase and expires 12 months after that date, except with regard to the structural integrity of the draw-bar and chassis, for which this Warranty shall continue for the entire operational life of the Camper or Caravan. This Warranty only applies to items sold as "new" and does not extend to any items sold via auction, or labelled "factory seconds", "ex-demonstration" or "damaged", unless specifically stated otherwise by us in writing. (Please see further on this page for more information). This Warranty is an agreement between us and you personally and is not transferable under any circumstances. If an item is sold to a third party by the original purchaser, then this Warranty is terminated immediately for that item, and the original purchaser shall make no claims or be eligible for any claims on behalf of the new owner. This Warranty does not apply to new products purchased from us and then used in hire schemes or as rentals. Hiring or renting your products to third parties may negatively affect your ability to make claims for those products under any other warranties as may apply. This Warranty does not cover damage due to unauthorised modifications, misuse, abuse, incorrect assembly, improper or irregular maintenance, or accident or collision. Without limiting the generality of this clause, some examples of circumstances that may cause damage not covered by warranty include: Failing to have your caravan or camper serviced at the frequency indicated in the manual for that product, or to perform regular basic maintenance as indicated in the manual; Taking your caravan or camper through any environment or over any surface which the manual for that product indicates the product was not designed for. As an example, if you partially submerge the caravan, you will not be able to claim for resulting water damage; The expected operational lifespan of your caravan assumes use as a holiday home, not as a primary residence. If you use your caravan as a primary residence, you will not be able to claim for the increased rate of wear and tear; and Exceeding the load limits for your caravan or camper will cause strain on parts of the vehicle. The advertised load limits are for a load distributed roughly evenly across the caravan, and you may overload the caravan at lesser weights if the weight is disproportionately placed in one part of the caravan. You may not be able to claim for any failure or resulting damage caused or contributed to by such overloading. If we approve a warranty claim, then the work performed to remedy that claim must be performed either by us or by a person whom we approve in writing to do that work. If you have rectification works performed by an unapproved third party, whether under an approved warranty claim or otherwise, then we may not be responsible for the costs of those works, and this Warranty shall not cover those works or any damage or loss of value arising from those works. Any affiliates, representatives, associates, agents, suppliers, resellers or similar of ours have no authority to approve or deny warranty claims on behalf of us. We shall not be liable, (in part or whole) for any warranties, either express or implied, made by agents or resellers unless we give an express written agreement to be bound by such a warranty, and such liability shall be strictly limited to the extent of that written agreement. Such unauthorised claims shall be the responsibility of the agent or reseller only. REMEDIES AND LIMITATION OF LIABILITY Except as otherwise required by law, your remedy, if we accept a warranty claim will be limited to our choice between repair, works with our chosen repairer, replacement goods, or a refund, as we reasonably consider appropriate to rectify the basis of the claim. If we accept a warranty claim arising from a major failure, or for which we cannot provide a remedy in a reasonable time, then you may be entitled to a refund for that product. You will not be entitled to a refund or a replacement if the product has become damaged while within your care unless that damage is limited to fair wear and tear and damage caused by a defect and not contributed to by your actions or neglect. You agree that, to the greatest extent permitted by law, we shall not be liable for consequential or special damages of any kind, including aggravated, punitive, or exemplary damages. Without limiting the generality of this clause, you agree that our liability shall be limited in all cases to the amount you paid for the products underlying a claim. ITEMS NOT COVERED UNDER THIS WARRANTY This Warranty does not cover damage of the following kinds or to the following products or parts of products: Rust Wheels and Tyres Paint Travel Covers and Straps General consumables (eg bearings, light bulbs etc) Zips and mesh or screens. While these items are not covered under this Warranty, they may be covered by other warranties you have in respect of the product. This Warranty expressly applies to Tents for the general 12 Month term, including our canvas components, poles and fittings. The Warranty for tents is subject to the same limitations as other parts of the caravan. FACTORY SECONDS, EX-DEMONSTRATION AND DAMAGED GOODS From time to time, we may offer for sale items marked as "factory seconds", "ex-demonstration", or "damaged". This Warranty does not apply to any goods sold under these markings. If other warranties apply to goods sold while marked as “factory seconds”, “ex-demonstration”, or “damaged”, then those warranties will apply the standard for a product with those markings, which will be a lower standard than that for a product sold as new. If you purchase a product with these markings, you acknowledge that the reduced price for the product reflects that some claims will not be available which would have been for a product marked as new. Any items sold as "factory seconds", "ex-demonstration" or "damaged" items are sold on an "as is" basis. Due to the nature of such items, i.e being "ex-demonstration", "factory seconds" or "damaged", it is reasonable to expect that some imperfections or flaws may exist even where it is not initially apparent. While we will notify you of any defects or damage to such goods of which we are aware, you purchase the goods on notice that we may not be aware of all such defects and damage, and that the price you pay for the goods includes a discount to allow for the risk of you discovering further defects or damage. We do not make any representations as to the quality or fitness of any goods sold on these bases, and it is a term of the contract for the purchase of any such goods that the customer has made their own enquiries and inspections and relies exclusively upon those enquiries and inspections in deciding to make that purchase. GOODS BOUGHT AT AUCTION From time to time, we may, at our discretion, offer items for auction, either independently or via a third party. Whilst every effort will be made to provide all relevant information regarding the item on auction, as per Australian law, goods bought at auction are not covered by this Warranty and are not covered by the majority of consumer guarantees under the Australian Consumer Law. You may not have any right to make a warranty claim for products purchased at auction. LODGING A CLAIM If you purchased a caravan or camper which you believe is covered by warranty, and you become aware of something you believe to be a defect or damage resulting from a defect, then you should follow the process set out below to obtain the fastest response and greatest chance of having your claim approved: As soon as reasonably possible after becoming aware of what you believe to be a defect or damage caused by a defect, lodge a warranty claim through our website using our online Warranty Claim Form; Once we receive a warranty claim form, we will respond in one of three ways. We will either accept the claim, reject the claim, or ask for further information to allow us to decide whether to accept or reject the claim. If a claim consists of multiple parts, we may give different responses to different parts. If we accept a claim, we will notify you of the acceptance, and discuss with you how to remedy the claim. While we endeavour to accommodate your preferences in this process, we will generally provide our choice between repair works with our chosen repairer to the standard we deem reasonably remedies the accepted claim, replacement goods, or a refund, unless we accept that the claim is for a major failure; If we reject a claim, we will notify you of the rejection and explain the reasons for the rejection. You may provide us with further information or explanations to appeal the rejection, but providing us with further material may not change the result; or If we have insufficient information to either accept or reject a claim, we will ask you to provide us with more information to allow us to make that decision. We may require any kind of information which we consider to be relevant to the decision, which may involve questions about the use of the products, photographs of the products, or about the maintenance history of the products. If you fail, neglect, or refuse to provide us with information which we reasonably require to process your claim, we may reject the claim on the basis of that lack of information. If you act or fail to act in a way which either prevents us from determining the true cause and extent of the subject of a claim, or which substantially constrains or limits our capacity to provide a remedy, this will adversely affect the handling of your claim. As examples of such conduct: If you arrange for repair works before we can assess a product, we may not be able to determine whether the repair works were covered by a warranty, or may not be able to provide the appropriate remedy after those works; If you do not notify us of a claimable matter without delay, we will not be liable for damage caused by the delay, and we may not be able to determine the initial cause of the damage once time has aggravated it; and If you refuse to allow us to access the product for the purposes of assessing a claim, we may reject the claim on the basis that we have insufficient information. CONTACT If you have any further questions relating to warranties or are unsure about any aspect of this section, then please contact us. Phone: 1300 494 494 (Option 5). Lodge a warranty claim
