Mustang Motorsport Driveline Warranty Terms and Conditions
Contents
- Important Info and Disclaimers
- 1. Definitions
- 2. Terms and Conditions
- 3. Covered Components
- 4. Additional Benefits
- 5. Servicing Requirements
- 6. Taxation Implications
- 7. Making a Claim
- 8. Ineligibility
- 9. Exclusions
- 10. Cancellation
- 11. Your Privacy Rights
- 12. Contact Us
This Warranty is issued by Mustang Motorsport Pty. Ltd. (ABN 75 934 882 652)
Important Info and Disclaimers
Congratulations on the purchase of a Performance Package for your Vehicle and for choosing our Mustang Motorsport Warranty Protection Plan to protect your Automobile in the event of a sudden or unforeseen Failure of the Performance Package.
The Warranty comprises of the Terms and Conditions set out in this document and the completed Customer Contract & Declaration. You are required to sign the Customer Contract & Declaration to acknowledge that you agree and fully understand the Terms and Conditions of the Warranty.
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 for 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.
The benefits offered by this Warranty are in addition to any warranties and guarantees under the Competition and Consumer Act 2010 (Australian Consumer Law) and State and Territory legislation. This Warranty is an additional warranty, and its terms differ from the guarantees you have under those laws.
This Warranty Contract is issued by your Installer, in relation to the Performance Package fitted to your Vehicle and administered on our behalf.
Please read this document for full Terms and Conditions, Covered Components, Financial Limits and Exclusions.
Before you agree to this Warranty Contract & Declaration, it is important that you read this document fully so that you understand the Warranty you have purchased. This Warranty Contract provides you with a limited Warranty in relation to the Failure of the Performance Package or damage to certain listed covered components of your Vehicle which fail as a direct result of the Performance Package Failure. This document explains how the Warranty Contract operates.
Please note that certain words used in this document have a specific meaning, as set out under the "Definitions" heading.
Return to top ▲1. Definitions
“Additional Benefits” these are benefits in addition to the rights and remedies available under the Australian Consumer Law. “Consequential Loss” means any consequential loss or damage that is not directly related to the Failure or fitment of the Performance Package.
“Covered Components” means those Mustang components and parts listed in Section 3 of this document.
“Customer Contract & Declaration” means the Customer Contract & Declaration completed by you and us which sets out the particular details of your Warranty Contract.
“Exclusions” refers to parts or components of the Vehicle which are not covered under this Warranty Contract. It also refers to situations or circumstances which will not be covered under this Warranty Contract. These are set out in Section 9.
“Financial Limits” means the Financial Limits for claims relating to Covered Components as listed in Section 3 and Section 4.
“Manufacturer’s Warranty” means any new Vehicle warranty provided by the (OEM) manufacturer of your Mustang.
“Failure” means the sudden and unforeseen failure of any Covered Component to perform the function for which it was designed, but does not include:
- any failure which is not caused as a direct result of either the fitment of components or failure of the component fitted.
- any failure of the Covered Component due to Normal Wear & Tear, normal deterioration, negligence; or
- any failure of Vehicle components/parts that have reached the end of the normal working life because of age or usage.
“Normal Wear & Tear” means the gradual reduction in a component’s operating performance or ability to perform the functions for which it was designed, taking into account the Mustang’s age and kilometres travelled.
“Performance Package” refers to the performance products fitted to the Mustang by your Authorised Installer.
“Warranty” means this Warranty issued by Mustang Motorsport Pty. Ltd.
“Vehicle” means the Vehicle described in the Customer Contract & Declaration.
“Warranty Contract” means this document and the completed Customer Contract & Declaration.
“Warranty Cost” means the amount payable by you to purchase the Warranty Contract for the Warranty Term.
“Warranty Term” means the period beginning on the date the Warranty Contract commences as shown on the Customer Contract & Declaration and ending on the date the Warranty Contract expires.
“we”, “us”, “our” means Mustang Motorsport Pty Ltd.
“you”, “your” means the person named in the Customer Contract & Declaration as the purchaser and owner of the Vehicle.
2. Terms and Conditions of the Warranty
2.1 The Warranty is provided to you by your Installer as part of the contract of sale of your performance upgrade. Your Installer is the issuer of the Warranty and has responsibility for payment of claims during the Warranty Term. The Warranty is not a contract of insurance, nor is your Installer or Mustang Motorsport acting as an insurer. This Warranty Contract is also not associated with the manufacturer of your Mustang nor is it an extension of any warranties provided by the (OEM) manufacturer of your Vehicle. Finally, this Warranty Contract is not a repair or maintenance plan for your Vehicle.
2.2 We have been appointed by your Installer as a contract and claims administrator to consider any claims you lodge and (if your claim is approved), will authorise repairs, settle claims and otherwise answer questions you have about this Warranty. We have full authority as agent of your Installer to authorise repairs and settle claims. Should you have any enquiries regarding any aspect of the details within this document, or if you wish to make a claim on the Warranty, you should contact us before contacting your Installer.
2.3 You agree not to hold your Installer financially responsible for any obligation to pay a Warranty claim if we have finalised our review of your claim and either paid the claim as administrator of the Warranty or provided notice to you that the claim does not come within the Warranty terms and will not be paid.
2.4 You must always contact us in the first instance to make a claim or query. If you wish to make a complaint about our services or any decision we make regarding a claim, you can contact us on (03) 9753 5799. We will acknowledge receipt of your complaint within ten (10) business days and attempt to resolve it within a further ten (10) business days. If you are still not satisfied with a decision made by us about your claim, you can contact your Installer to have the decision reviewed. If you are still dissatisfied with the outcome, you can contact the Department or Office of Fair Trading in your State or Territory for assistance.
2.5 The commencement date of this Warranty will be the date shown on the Customer Contract and Declaration.
2.6 The Warranty Contract will end on the Close of Business 5:00pm Australian Eastern Standard Time (AEST) on the expiry day of the Warranty Term or when the Vehicle has travelled the specified number of kilometres, as shown on the Customer Contract & Declaration, whichever occurs first.
2.7 Your Installer reserves the right to terminate the Warranty Contract before its expiration if you breach the Terms and Conditions of this Warranty. If your Installer has a right to terminate the Warranty, we may exercise this right on behalf of your Installer.
2.8 Your Installer will validate the Warranty Contract by completing the Customer Contract & Declaration and Warranty Term that your Installer is prepared to offer you.
2.9 Your Installer will, in respect of the Failure of the Vehicle, pay the reasonable cost, up to the Financial Limits applicable, to repair the failed Covered Components commensurate with the Vehicle’s age and kilometre’s travelled subject always to the Terms and Conditions in this document. Claims are settled by the Warranty Administrator.
2.10 Repairs and/or replacement of the Vehicle’s components and parts specified in the Warranty will only occur where the Failure is caused as a direct result of the failure or fitment of the Performance Package. We, or your Installer, are not required to repair or authorise for repair of a component that is worn but still serviceable and fit for use.
2.11 We, or your Installer, have no liability or responsibility for loss, damage, expenses or other liability you may incur as a result of any delays relating to the repair of your Vehicle which is caused due to delays in obtaining parts and/or materials required.
Return to top ▲3. Covered Components
The Covered Components and Financial Limits (inclusive of GST) are listed in the table below. We will only pay to repair the Vehicle to a condition consistent with its age, condition and kilometre’s travelled due to the Failure of the Performance Package or as a direct result of the fitment of the Performance Package. All claims will be paid up to the financial limits as shown in this table. Any component not listed in the following table is not covered.
|
Performance Package |
Replacement cost at time of the claim |
|
Engine |
$10,000 |
|
Differential |
$5,000 |
|
Drive Shaft and Universals |
$2,000 |
|
Engine Management System |
$2,000 |
|
Gearbox/Transmission Internal |
$8,000 |
Return to top ▲
4. Additional Benefits
4.1 Transfer of Warranty If you sell the Vehicle, we may in our absolute discretion (but acting reasonably at all times), permit the transfer of your Warranty Contract to the new purchaser unless we reasonably consider that you have not complied with the provisions of the Warranty Contract. In order to validate the transfer, you must, within seven (7) days of the sale of the Vehicle, provide us with:
- A satisfactory inspection from one of our approved Installers or Repairers; and
- The transfer fee of $100.00; and
- A completed Transfer of Ownership Form which can be acquired by contacting us (See Section 12).
The Warranty cannot be transferred to another Vehicle.
4.2 Speedy Claims Assessment
Claims are assessed during normal working hours once we receive a satisfactory report and quote for the repair.
4.3 No Limit to the Number of Claims
There is no limit to the number of claims made under the Warranty Contract during the Warranty Term.
4.4 Quality Guarantee
If your Vehicle suffers a Failure during the Warranty Term, any authorised repairs carried out under the Warranty Contract will be covered for the remaining Warranty Term.
5. Servicing Requirements
From the date your Warranty commences, you must comply with the following conditions. Failure to comply with these conditions may invalidate a claim.
5.1 Servicing Requirements
- You must have the Vehicle serviced in accordance with the Terms and Conditions of the Warranty and the following:
- You must use BP Ultimate 98 Fuel only.
- You must have your vehicle serviced every 7,500km, or every 6 months, whichever occurs first, by one of our Approved Workshops.
- You must use Castrol Edge Professional 5W-30 Engine Oil on a Naturally Aspirated Mustang.
- You must use Castrol Edge Professional 5W-50 Engine Oil on a Supercharged Mustang.
5.2 Coolants & Lubricants – must be checked and maintained regularly.
5.3 Service Invoice Records – To assist with prompt claims assessment please ensure you forward a copy of each service invoice to us detailing:
- your name and address; and
- the Vehicle’s registration number; and
- kilometres at the time of service; and
- the work performed.
Service invoices can be emailed to us or posted to us (see Section 12). The processing of your claim may be delayed or declined if we do not have invoices detailing the service history of the Vehicle.
5.4 Road Worthiness – You must take all reasonable care to maintain the roadworthy condition of the Vehicle.
5.5 Operation – The Vehicle must at all times be operated in accordance with the Manufacturer’s instructions and in a manner consistent with the Vehicle’s design and specifications.
5.6 Minimise Damage – You, or any other person in control of the Vehicle, must take all reasonable precaution to minimise damage to the Vehicle and/or the Vehicle’s components when you, or they, suspect a Failure may have developed.
Return to top ▲6. Taxation Implications
The taxes and charges that apply to the Warranty will be shown on the Customer Contract & Declaration issued by your Installer. The Financial Limit for each Covered Component includes any GST payable for repairs and replacement.
Return to top ▲7. Making a Claim
7.1 Read this Warranty document to find out if your claim may be covered.
7.2 Contact us (See Section 12) for the location of your nearest approved repairer.
7.3 The Warranty does not cover any repairs commenced without pre-approval from us.
7.4 It is your responsibility to authorise and pay for any diagnosis necessary to determine if the problem falls within the terms of the Warranty. If the claim is authorised by us, the reasonable cost of the diagnosis will be included in the claim (up to the appropriate claim limit).
7.5 After the problem has been diagnosed, the authorised repairer will contact us, quoting your current odometer reading on the Vehicle, a description of the problem, the repairs required, and the estimated cost of repairs. We will consider your claim and the information provided by the authorised repairer. We will consider repairing or replacing (or pay for the reasonable cost of) any Covered Components up to the Financial Limits stated in this document, and otherwise subject to the Exclusions, Terms and Conditions in this Warranty Contract.
7.6 Your Installer reserves the right to inspect the Vehicle prior to the authorisation of repairs. If an inspection is required, we, or one of our authorised repairers, may conduct the inspection on behalf of your Installer.
7.7 You will be required to contribute to the cost of coolants, lubricants and machining.
Return to top ▲8. Ineligibility
8.1 You may be ineligible to make a claim, or we may decline a claim under the Warranty, if:
- You fail to minimise damage to the Vehicle by continuing to drive the Vehicle when damage to any of the Vehicle’s Covered Components is suspected.
- Repairs are commenced or carried out without our express authority.
- You fail to provide proof of payment for services if required; or
- You fail to comply with the Servicing Requirements under the Warranty as specified in Section 5.
8.2 If upon assessment of your claim, we discover that you are in breach of your Servicing Requirements, you will be ineligible to claim for that specific repair or any faults whilst in breach of your Servicing Requirements.
If this should occur, you will be responsible for the repair cost yourself.
8.3 Should you be in breach of your servicing obligations, in order to make any future claims under the Warranty, you must provide us with a satisfactory mechanical inspection from one of our approved repairers as evidence that the Vehicle is in good working order. The inspection and/or repair, invoice date, and odometer reading will be considered the “re-commencement” for calculating servicing obligations under the remainder of the Warranty Term.
Return to top ▲9. Exclusions
We will not pay for repair or replacement in the following circumstances:
- Any components NOT listed in Section 3.
- Abuse – Repair or replacement required due to misuse, neglect or abuse of the Vehicle.
- Accident – Damage attributed to impact or road traffic accident.
- Certain Uses – Damage to, or repairs of, a Vehicle that has been used for, but not limited to; motor racing, drag racing, motorkhana events, motor competitions, stunts or anything caused by exceeding the Manufacturer’s Operating Limitations.
- Consequential Loss – Any Consequential Loss or damage that is not directly related to the fitment or failure of the Performance Package.
- Continued Use – Any repairs required as a result of the continued operation of the Vehicle once a defect or fault has occurred.
- Failure to Follow Servicing Requirements – If you do not comply with the Servicing Requirements listed in Section 5:
- Faults & Recalls – Failure caused by faulty design (common faults) or any expense arising from, or due to, the recall of the Vehicle by the Manufacturer:
- Fire – Repair or replacement for damage caused by fire.
- Modifications – Any Failure as a result of alteration or modification of the Vehicle from the Manufacturer’s specifications, excluding the original fitment of the Performance Package.
- Negligence – Any Failure caused by negligence or misuse. Any failure due to a lack of coolant or lubricant, restricted oil pickup, excessive use of oil, or overheating.
- Maintenance – Any parts that would normally be regarded as adjustments, calibrations, alignment, machining, servicing and/or maintenance related items.
- Normal Wear & Tear – Any component failure attributed to Normal Wear & Tear, or any components that are replaced at the time of the repair, which have not actually failed.
- Personal Injury/Property Damage – Any liability for death, bodily injury, or damage to property.
- Pre-existing Defects – Defects existing at the time the Warranty came into effect.
- Rust/Contamination – Failure caused by rust or corrosion of any kind or by contaminated fluids.
- Seals & Gaskets – Repair or replacement of seals, gaskets or any component damaged due to their Failure:
- Submersion – Vehicles that have been submersed in water.
- Theft – The Warranty does not cover against theft.
- Unauthorised Repairs – Any claims where you have not contacted us prior to the commencement of any repairs which we have not authorised.
10. Cancellation
10.1 You may cancel your Warranty Contract at any time by contacting us.
10.2 We may cancel the Warranty Contract if you, or a person acting on your behalf, provide a false or misleading statement or information in relation to a claim, or if the Vehicle’s odometer has been tampered with or is defective, or if the Vehicle has at any time been used for, but not limited to, rallying, racing, competitive driving or tested for any such events.
Return to top ▲11. Privacy
We are committed to protecting your privacy. We only use the personal information you provide to administer your Warranty and pay any claims you make. We only provide personal information to those we engage with to assist with servicing and claims. Please contact us if you do not wish this to happen. We will not trade, rent, or sell your information.
If you do not provide us with complete information, we cannot administer the Warranty. You can check the personal information we hold about you at any time.
If you provide us with personal information about anyone else, we rely on you to tell them that you will give us their information, tell them who we give it to, the purpose for which we will use it, and how they can access it. If the information is sensitive, we rely on you to have obtained their consent on these matters
Return to top ▲12. Contact
To contact us regarding any of the information in this Warranty Contract, or for anything else, please use the information below:
Address:
10 Hayward Road,
Ferntree Gully,
VIC, 3156,
Australia
Phone: 03 9753 5799
E-Mail: info@mustangmotorsport.com.au
Website: www.mustangmotorsport.com.au