Express Warranty Terms and Conditions
McNaughtans Pty Ltd (ABN 49 103 876 437) trading as Spartan Trays and Canopies (“SpartanTC/ we”) provides the following Express Warranty in connection with its canopies, trays, parts and accessories therefore (“Products”).
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 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. The term “major failure” is defined in the Australian Consumer Law.
We provide an express warranty in respect of Products purchased from SpartanTC for a period of 12 months from the date of purchase (“warranty period”). We warrant that the Products will be substantially free from defects for the warranty period. To the extent permitted at law, we will at our election repair, replace or provide credit in respect of goods that are found to be defective in the warranty period. This express warranty is not transferable from the original purchaser and cannot be claimed by third parties, except if and to the extent required by law.
How to make a warranty claim
- Our contact details are as follows: McNaughtans Pty Ltd t/a Spartan Trays and Canopies, 27-29 Micro Circuit, Dandenong South, Victoria, Australia 3164. Phone : +61 3 8768 6666.
- All warranty claims need to be in writing. In order to make a claim under this warranty, please send us an email to firstname.lastname@example.org;
- Include in your email clear digital photographs of the damage/defect, details of your Product’s serial number and the invoice number that relates the Product;
- We will then review your claim to determine whether (a) we accept the claim (b) we need to inspect the claimed defect prior to making a determination, or (c) we reject the claim (including because an exclusion, as below, applies). In the case of (a) or (b) you will need to bring the Product to us at a nominated SpartanTC depot for inspection and/or repair.
SpartanTC will not be liable for any other claims, including claims arising from incorrect fitting performed by a person other than authorised by Spartan TC, Product modification, nor, to the extent permissible at law in relation to the use of the Product or damage or injury to any person. McNaughtans/SpartanTC will not be held liable or responsible for any tub remaining after a tray has been installed to our customers vehicle on our premises . All tubs are the responsibility of the customer and need to be removed from our premises at the customers expense within 24 hrs of the job being completed, failing which the tub will be disposed of from our premises.
This warranty does not cover defects or problems that arise due to you causing a Product to become of unacceptable quality, such as failure to take reasonable care of the Product, intentional, reckless or negligent misuse or abuse of the Product, failure to maintain the Product in accordance with our guidelines and recommendations (provided to you in a separate document called “Canopy care and maintenance instructions”) or damage caused by abnormal use of the Product. To the extent permissible at law, it does not cover damage caused by dismantling of the Product or attempts at repairs or modifications by persons other than us or our authorised repairers.
Further, the warranty does not cover defects where you were informed of the issue before agreeing to acquire the Product or you examined the Product before accepting and that examination ought reasonably have revealed the position.
In addition to the above general exclusions, this warranty does not cover the following:
- Damage occasioned to the Product during its transport from us to you (SpartanTC does not provide transport insurance unless specifically agreed and stated on your invoice);
- Damage caused through or as a result of any modification by you or a third party (other than SpartanTC), addition or attachment of an after-market product to the Product, or for any alterations carried out to Products without our written consent;
- Water leaks (and attendant damage) related to pick-up truck beds;
- Damage caused to the Product during or as a result of repairing or rectification after a water leak has occurred unless such repair/rectification work has been carried out at by us or our authorised repairer;
- Damage to any paintwork to a vehicle caused by the Product, unless such damage is caused to the vehicle directly by our personnel;
- Damage to the Product (including warping, cracking or other breakage) caused as a result of exceeding or unevenly spreading load capacity;
- Glass breakage or damage to glass that occurs at any time following dispatch of the Product to you;
- Damage caused while driving with the Product’s doors or windows open;
- Product finishes (including polishing, powder coating etc);
- Reasonable wear and tear in respect of the Product;
- Damage to your vehicle, goods, cargo, another person or their goods/property;
- Changes to a vehicle’s crumple zone or operational characteristics of some airbags following installation of a Product;
- Damage or defects to the product caused by any off road usage;
- Costs associated with returning the Product for repair or replacement, and for the costs of hiring or using any alternative vehicle if you so choose, while warranty repair/replacement work is being completed;
- Incidental or consequential costs or damage, such as (without limitation) loss of income, loss of enjoyment or loss of use, associated with any defect in any Product, including, without limitation while warranty work is performed;
- Products whose serial number has been removed or defaced;
- Damage or defect in a Product that has been repossessed under any finance agreements;
- Defects or damage relating to fuses and/or light globes;
- Gel coat cracking, due to the characteristics of fibreglass;
- Damage to the Product caused by vehicle or other impact or accident (other than while in our possession);
- Slight variations in paint colour (either varying from the sample supplied or within a Product). Such variations are not considered a defect for the purposes of the coverage of this warranty. While we make reasonable efforts to minimise variations in paint colour, variations may nevertheless occur due to factors such as:
- Plastic, steel, aluminium and fibreglass being different surfaces, resulting in different appearances;
- Use of different spray guns from those of the manufacturer;
- Paint brands differing from those of the manufacturer’s;
- The vehicle being exposed to weather conditions over time.
- Claims that a Product is not provided in accordance with our quote/contract (other than defects or other matters to which the Australian Consumer Law guarantees apply). Such claims must be submitted in writing within 7 days of the delivery of the Product. If this does not occur, to the extent permissible at law, all Products will be deemed to have been supplied in accordance with the quote/contract