TRAILER WARRANTY COVERAGE

CBD Marine pty ltd provides this Limited Warranty to CBD Marine pty ltd parts, components and accessories installed/fitted into the trailer supplied by CBD Marine pty ltd (“Parts”) and purchased by you. CBD Marine pty ltd warrant that at the time of purchase of the Parts will be free from defects in material or workmanship for the Limited Warranty period. This Limited Warranty is subject to limitations listed below.

THIS LIMITED WARRANTY IS PROVIDED IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. CBD Marine pty ltd SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF FITNES FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, EXCEPT WHERE SUCH DISCLAIMER IS PROHIBITED BY LAW. IF SUCH DISCLAIMER IS PROHIBITED BY LAW, THEN IMPLIED WARRANTIES SHALL BE LIMITED IN DURATION TO THE LIFE OF THE EXPRESS WARRANTY.

CBD Marine pty ltd warrant to the original purchaser that it will make any repairs or replacements necessary to correct defects in material and /or workmanship of Parts for the Limited Warranty Period. The remaining portion of this Limited Warranty may be transferred to a second purchaser provided CBD Marine pty ltd are notified at the time the second purchaser takes possession. At that time CBD Marine pty ltd may, at its discretion, require an inspection by an authorised CBD Marine pty ltd service centre of Parts. If any of the Parts cannot pass that inspection, the transfer of this Limited Warranty may be rejected. The cost of the inspection is to be borne by the original purchaser. Transfer of this Limited Warranty will not extend its duration. CBD Marine pty ltd specifically disclaims any express or implied warranties to the second purchaser except as provided herein, and disclaims all warranties, express and implied, to any subsequent purchaser.

Limitations

This Limited Warranty applies only to Parts and other products manufactured and / or fitted and sold by CBD Marine pty ltd or its authorised distributors. CBD Marine pty ltd specifically disclaims any express or implied warranties for products manufactured by other companies. Provided that the Limited Warranty is validated and CBD Marine pty ltd have received written notice of your claim within the warranty period CBD Marine pty ltd will (at its discretion) replace or repair any Part that it considers to be a valid claim. If the claim is accepted CBD Marine pty ltd will undertake the repair or replacement without charge for parts or repair labour. Repair labour includes the reasonable cost of labour to remove and reinstall parts and components. You acknowledge and agree that any repair may take significant time to secure parts and perform the labour and that you have no claim against CBD Marine pty ltd for any losses flowing or resulting from the trailer not being able to be used during the repair period.

Limited Warranty Period

This Limited Warranty begins on the date of delivery to the original purchaser. The Limited Warranty Period for Parts is 12 (twelve) months from date of delivery to the original purchaser.

Warranty Procedure

If you believe that the Parts that you have purchased fails to perform within applicable specifications or is defective in its materials or workmanship, you must contact CBD Marine pty ltd within 7 (seven) days of discovering the defect. You are responsible for transporting your trailer and Parts to and from designated service facility. However, CBD Marine pty ltd may arrange for the necessary inspection and/or repair to be made onsite at its sole discretion in which case additional call out fees shall apply.

Purchaser’s Responsibilities

This Limited Warranty is subject to you:

  • Operating the trailer in accordance with the manufacturer’s instructions and safe towing practices;

  • Performing and paying for all regular maintenance and care within specified time frames according to manufactures’ instructions and Operation Manual (if applicable); and

  • Maintaining and providing records of all service and maintenance performed on Parts and trailer together with the proof of purchase and delivery;

  • Providing reasonable access within reasonable time frame to CBD Marine pty ltd to carry out necessary repairs.

You acknowledge that failure to service and maintain the parts and trailer as required by the Operation Manual may damage the parts and components. CBD Marine pty ltd reserves its right to refuse any warranty claim where it reasonably believes that such claim has occurred (all or in part) as a result of you not complying with the Purchaser’s Responsibilities.

Items Excluded from Warranty

In addition to the other conditions and limitations set out in this Limited Warranty, the following items are specifically excluded from any coverage under this Limited Warranty:

  • Ordinary wear and tear;

  • Cost associated with consumable parts;

  • Any Part that has been subject to negligence, misuse, accident, improper installation (where not installed by CBD Marine pty), water intrusion, improper storage, lack of maintenance, racing or engaging in a contest for speed or endurance, use of non-approved attachments or non- genuine parts, submersion or unreasonable exposure to the environment or service and work by unauthorised facility by the Purchaser or third party;

  • Cost of transporting the trailer in which such Parts are installed to and from the service facility designated by CBD Marine pty for warranty repair;

  • Consequence of any modification or alteration of the Part;

  • Any failure due to circumstances outside of CBD Marine pty ltd reasonable control, including but not limited to extreme environmental conditions;

  • Any unapproved accessory or parts fitted to the trailer or any damage caused as a consequence of thereof;

  • Travel costs arising from warranty repairs, unless approved by CBD Marine pty ltd;

  • Any and all consequential or incidental losses or damage occurring as a result of failure of Parts;

  • Reduction on Parts performance due to its age, hours of operation;

  • Second-hand wheels and tyres;

  • Costs associated with diagnosis and/or repair of non-warrantable failures;

  • Costs associated with warrantable failures which are repairs by organisations or persons not authorised by CBD Marine pty ltd;

  • Hire to any third party;

  • unauthorised attachments which may produce stresses for which the design is not appropriate;

  • Any warranty claim where such warranty claim should be in the opinion of CBD Marine pty ltd be made against the original manufacturer.

This warranty does not guarantee non-occurrence of failures.

Warranty Variations

Unless it is agreed by all parties in writing, this Limited Warranty shall be binding on all parties with respect to warranties, superseding all prior agreements, written and oral, and all other communications between the parties related to warranties.

IN NO EVENT SHALL CBD Marine pty ltd BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFIT, LAUNCH, TOWING, STORAGE, INSURANCE, LOAN PAYMENT, TRANSPORATION FEES, TELEPHONE CHARGES AND MILAGE. LIMITATIONS SET OUT HEREIN SHALL NOT APPLY TO THE EXTENT THAT THEY ARE PROHIBITED BY LAW.