In this Warranty:
We, us, or our means XtremeRV.com.au our contact details are set out at the end of this warranty;
You or your means the person, organisation or entity specified in the Sales Terms and Conditions;
Goods means the caravan/s supplied to you by us or by our Supplier, pursuant to the Sales Terms and Conditions.
Sales Terms and Conditions mean the agreement under which you purchase the Goods.
Supplier means the authorised distributor or retailer of the Goods that sold you the Goods in Australia.
New Build means a new built caravan, custom to your order
Display Stock means a caravan purchased direct from the dealership’s floor, previously used as a display
This warranty is attached to and forms part of Sales Terms and Conditions.
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.
1 Warranty
1.1 We provide this Warranty to you in addition to any rights or remedies you have under the Australian Consumer Law or any other applicable law (Consumer Law Rights).
1.2 For a New Build caravan, subject to the terms of this Warranty, if during the first 12 months from the date of purchase of the Goods from the Supplier (Warranty Period) the Goods prove defective by reason of: a) improper workmanship or materials in respect of the structural integrity of the Goods; or b) improper workmanship in respect of the installation by us of any permanent fixtures in the Goods,
1.3 For a Display Stock caravan, subject to the terms of this Warranty, if during the first 3 months from the date of purchase of the Goods from the Supplier (Warranty Period) the Goods prove defective by reason of: a) improper workmanship or materials in respect of the structural integrity of the Goods; or b) improper workmanship in respect of the installation by us of any permanent fixtures in the Goods, we will repair the Goods. Your Consumer Law Rights may extend beyond the Warranty Period.
1.4 If any materials or parts required to facilitate any repair pursuant to clause 1.2 are unavailable or no longer in production, or your model of Goods is no longer available or in production, we will use our best endeavours to use appropriate equivalent materials or parts.
2 Making a valid warranty claim
2.1 To claim the benefit of this Warranty, you must:
(a) notify us by email sales@xtremerv.com.au as soon as you become aware that the Goods are defective and, in any event, within 7 days of when you become aware that the Goods are defective with evidence of proof of purchase of your Goods from us and a description and photographs of the claimed defect;
(b) if we ask you to, you must return to return the Goods together with all parts, accessories, fixtures and documentation to the contact details set out below; and
(c) Provide any other information reasonably required by us to assess your claim.
2.2 Where you return the Goods as part of a Warranty claim under this clause 2.1, you will need to cover any associated costs of you returning the Goods to us.
2.3 Where we accept your claim under this Warranty, clause 1.2 will apply.
3 When this Warranty applies and when it does not
3.1 This Warranty does not cover any defect which is caused (or partly caused) or contributed to, by any:
(a) act or omission, accident, misuse or negligence by you or any third party not engaged by us;
(b) Failure on your part to follow any instructions or guidelines (including any manual) provided by us in relation to your Goods or properly maintains your Goods in accordance with any of our instructions, including:
iii. The Goods being taken over unsuitable terrain; and/or iv. Incorrect loading of the Goods v. the maximum payload of the Goods being exceeded;
(c) Use of your Goods otherwise than for any application or use specified by us;
(d) Continued use of your Goods (where such use is not reasonable) after any defect in your Goods becomes apparent or would have become apparent to a reasonably prudent person;
(e) Incorporation or installation of fixtures, appliances or other items into your Goods;
(f) Any modification of the Goods, including to the plumbing or electrical works of the Goods;
(g) failure by you to notify us of any defect in your Goods within a reasonable period of time after you become aware of or ought to have reasonably become aware of the relevant defect;
(h) Failure by you to have the Goods serviced in accordance with the
(i) Reasonable wear and tear of your Goods;
(j) act of God or force majeure event (including but not limited to war, riot, invasion, act of terrorism, contamination, earthquake, flood, fire, infestation by animals, rust, corrosion or other natural disaster, or any other event or circumstance beyond our reasonable control); or
(k) installation, repair, replacement, maintenance, altering, overhauling or otherwise compromise of the Goods by you or any person other than us, save as otherwise provided for herein.
(l) Defects drawn to the purchaser’s attention prior to the purchase, (eg. Ex-display or demonstrator models may have surface scratches, marks or other forms of wear and tear caused when on display or use and would not apply to this warranty)
(m) XtremeRV.com.au On-road & or Semi Off-Road models “BEYOND” Series, are designed to travel on and off sealed roads; however they are not designed to travel on all terrains,
(n) XtremeRV.com.au Off-Road models Independent suspension “CAMPBOSS” or “DROVER’S MATE” Series are not designed for tight, undulating or extreme four-wheel drive tracks that are unsuitable for trailers (of any size), as a consequence, the caravan should not be used in such conditions and any damage that may occur from use in these circumstances will not be covered under this warranty,
(o) Any damage incurred as a result of driving over rough, broken, rocky, jagged, pinnacles and pothole surfaces is excluded from this warranty,
(p) Damage or defects in tyre casings, tubes, batteries and appliances manufactured by third parties,
(q) Damage caused due to incorrectly driving to road conditions including driving at excessive speed and incorrect tyre pressure in off-road or highly corrugated conditions.
(r) Any cause beyond the control of XtremeRv.com.au
(s) Stone damage to the body, chassis, suspension or under body component,
(t) Damage caused by travelling through creeks, rivers, floods or the like
(u) Improper installation of additional equipment or systems or the use of improper fuel or electrical supply,
(v) Fabrics and components being exposed to dust and dirt,
3.2 Additional Expenses:
Any works or services requested by you to be performed by us that are additional to repairs carried out by us pursuant to clause 1.2 and deemed by us to not be covered under this Warranty may incur additional charges, which we will advise you of prior to commencing those additional work or services. We are under no obligation to perform any additional work or services that you may request.
4 General
4.1 This Warranty is only valid and enforceable in Australia and is governed by the laws of Queensland.
4.2 No third-party reliance: The benefit of this Warranty is for you only, and no other person or third party can rely on or make a claim under this Warranty.
4.3 No assignment or transfer: This Warranty or the benefit under this Warranty cannot be assigned or transferred to any other person or third party without written permission from XtremeRV.com.au .
4.4 Severance: If any provision (or part of it) under this Warranty is held to be unenforceable or invalid in any jurisdiction, then it will be interpreted as narrowly as necessary to allow it to be enforceable or valid. If a provision (or part of it) under this Warranty cannot be interpreted as narrowly as necessary to allow it to be enforceable or valid, then the provision (or part of it) must be severed from this Warranty and the remaining provisions (and remaining part of the provision) of this Warranty are valid and enforceable.
5 Defects
5.1 Within 48 hours of a defect occurring or the purchaser becoming aware of any defect in the caravan, the purchaser must notify the dealership or XtremeRV.com.au.
5.2 Any warranty claim must be accompanied by; · Proof of purchase · Full details of alleged defect including clear photos, and · Relevant documentation (including but not limited to the service history and maintenance records)
5.3 If requested the purchaser must arrange the caravan to be delivered (at the purchaser’s expense) to an address nominated by XtremeRV.com.au or an XtremeRV.com.au approved Dealer or to an approved service centre where the defect will be inspected.
5.4 If such inspection finds no defect in the caravan, the purchaser, the purchaser must pay all costs of service work, evaluating and testing.
5.5 XtremeRV.com.au will not cover any defect that causes any loss; damage or deterioration as a consequence of failure by the purchaser to maintain or service the caravan in accordance with XtremeRV.com.au warranty guidelines or recommendations
5.6 XtremeRV.com.au will not cover any costs relevant to routine servicing and maintenance
5.7 XtremeRV.com.au will not cover variations in appearance of wall panelling or any surface caused by atmospheric, climate or weather conditions (environmental conditions)
5.8 Any accidental damage including scratching, brushing or dents howsoever caused 5.9 Any freight transportation courier or insurance charges associated in any way with the transportation of any XtremeRV.com.au product, including caravans, spare parts or materials of any description, may be required for repair or modification where enacted under this warranty 5.10 All repair work must be carried out at a work site that has been authorised by XtremeRV.com.au. XtremeRV.com.au will not pay for any on site repair works
5.11 Any accommodation or relocation expenses, including but not limited to; loss earnings, rent or other costs incurred in making a warranty claim or repair time frame
5.12 Any communication costs including but not limited to; telephone, facsimile, email, postage or courier charges incurred in making warranty claim
5.13 Reimbursement of any out of pocket expenses incurred as a result of any unauthorised purchase including but not limited to fuel, food 9frozen or otherwise) replacement parts of any description, service charges, labour or any other unauthorised charges
5.14 It is the responsibility of the purchaser to have the caravan booked in for repairs at the Dealership or service/repair centre within a reasonable timeframe within 8 weeks from the approval date one warranty approval has been granted, any long delays need to be approved by XtremeRV.com.au as any delay in completion of repairs may result in the determination of defects and XtremeRV.com.au may refuse to repair the further deterioration.
6 Limitations
6.1 XtremeRV.com.au will make no express warranties or representations other than set out in this warranty. Any oral representation or guarantee, which may have been made by dealers or agents or any XtremeRV.com.au employee, is excluded from this warranty.
6.2 The repair or replacement of this caravan or part of it is the absolute limit of XtremeRV.com.au liability under this warranty
6.3 XtremeRV.com.au does not guarantee a specific tow ball weight, height or payload
6.4 Confidentiality is essential in respect to any negotiation on nay warranty claim. You agree to keep all communication with XtremeRV.com.au related to the warranty claim strictly confidential save for disclosure to your professional advisors 6.5 XtremeRV.com.au is not liable for any representation or misinterpretation made by others including dealers or dealer’s agents in relation to the weights, dimensions, capacity, suitability, capability and compatibility of any XtremeRV.com.au product
6.6 XtremeRV.com.au does not authorise any person, company or firm to assume for it any obligation or liability in connection with its warranty and no such representation shall be binding on XtremeRV.com.au
6.7 XtremeRV.com.au shall not be liable or responsible for any costs associated with the provision of any tow aid, tow hitch or other devise utilised for the purpose of towing
6.8 From time to time, XtremeRV.com.au may provide information regarding authorised dealerships and accredited repairers located throughout Australia. This is for the purpose of assisting the purchasers requiring servicing or repairs to an XtremeRV.com.au product within but not limited to this warranty. XtremeRV.com.au makes no representation as to the extent or the capacity of any dealership or individual repairer’s scope or ability to attend any such servicing or repair. XtremeRV.com.au reserves the right to make alternative recommendations and/or arrangements as may be deemed appropriate so as to render assistance to the purchaser
6.9 This warranty shall apply only in respect to the caravan produced by XtremeRV.com.au and baring the chassis number indicted and/ or appended to this document
6.10 This warranty applies only if this caravan has been used solely within Australia and has been used under acceptable conditions before the warranty claim is made.
7 Service Requirements
7.1 In order to maintain this warranty, it is the purchaser’s responsibility to have all servicing carried out as follows;
7.2 You must ensure that your caravan has had an annual service (see clause 7.3 below) within 90 day before or 60 days after each anniversary of the original date of purchase, in order to preserve this warranty, all original service and maintenance invoices must be retained as proof that a full service has been carried out
7.3 The annual service must be carried out in accordance with the requirements set by XtremeRV.com.au; the purchaser will be responsible for any costs associated with the required service. If the annual service has been carried out by a selling dealership or authorised service / repair provider then XtremeRV.com.au warrants that the annual service has been performed correctly, if the annual service has been carried out by an unqualified or unregistered repairer / service provider then XtremeRV.com.au would deem this as not acceptable and that the owner of this caravan has not maintained their responsibility to meet the terms and condition of this warranty and will result in the warranty of the products becoming void
7.4 Minimum service requirement during a service are as follows
Time allocated for this service is 5-8 hours depending on the size of your caravan & the equipment fitted. The cost of this service, including all consumables, is the responsibility of the owner & must be paid directly to the service centre.
Contact us for further details:
Boyes & Sons Pty Ltd
t/as XtremeRV.com.au
6-8 Snook Street.
Clontarf. Qld. 4019
Display / Workshop
83 Weier Road.
Morayfield. Qld. 4506
Phone 0438 357 722
email: sales@xtremerv.com.au