Warranty Policy
Fibreglass New Boat Warranty Policy
In addition to the rights and remedies that you have under the Australian Consumer Law (ACL) or any other applicable law, Whittley Marine Group Pty Ltd ACN 627 933 635 as trustee for the WMG Unit Trust (Whittley Marine Group) provides the following warranty against defects (Warranty):
1) WARRANTY
1.1 Subject to the provisions of this Warranty, the warranty period where Whittley Marine Group will repair or replace, without charge:
(a) any hull (i.e., single fibreglass moulded shell and integral fibreglass structural components below the hell flange) or deck
(i.e., single fibreglass moulded shell and internal fibreglass structural components above the hull flange) supplied and
manufactured by Whittley Marine Group that proves structurally defective, being a defect that causes the hull or deck to be unsafe
or unfit for use in normal recreational conditions, by reason of improper workmanship or material components; or
(b) any other part of the vessel supplied and manufactured by Whittley Marine Group that prove to be defective by reason of improper
workmanship or material components, (together known as Goods)
and none of the statutory rights or remedies apply, is:
(c) in the case of any hull or deck, sixty (60) months; or
(d) in the case of any other part of the vessel, including components and accessories, twelve (12) months,
from the date of purchase of the Goods from Whittley Marine Group (Warranty Period)
1.2 This Warranty does not cover:
(a) any Goods not manufactured and/or supplied by Whittley Marine Group;
(b) normal fair wear and tear;
(c) gelcoat deterioration, discolouration, blistering, fading, cracking, crazing, yellowing and/or damage;
(d) fading and deteriorating of fabrics, canvas and/or upholstery;
(e) windscreen leakage;
(f) decals;
(g) ‘tea-staining’, rust or discoloration;
(h) defects, loss or damage caused directly or indirectly by or as a result of:
(1) external causes (dropping, accident, collision, fire, immersion in water, freezing or striking objects);
(2) any damage to or deterioration in the condition of the Goods occurring in handling, cleaning, storage or transit occurring after
delivery of the Goods;
(3) any additional defect damage or deterioration arising from or attributable to the use of the Goods;
(4) the continued use of the Goods after damage or a defect has been or should have been discovered;
(i) any Goods where an engine or engines have been fitted on to the Goods which exceed the maximum horsepower and/or engine/transom weights
specified by Whittley Marine Group;
(j) any Goods that have been used for water ski or ocean racing or any other form of competition use or commercial use;
(k) any Goods that are stored on a trailer that has not been correctly adjusted and/or does not meet Whittley Marine Group’s trailer requirements;
(l) the Goods where the defect, loss or damage is caused directly or indirectly by or as a result of the use, maintenance or servicing of the Goods
including but not limited to the Goods not being used, maintained or serviced in accordance with the requirements and specifications for the Goods.
This includes any defect, loss or damage caused directly or indirectly by or as a result of the use of the Goods by a party that has not undergone
Whittley Marine Group’s mandatory training in the Goods on delivery of the Goods;
(m) where any part of the Goods has been modified, disassembled, misused, abused, damaged or not maintained in accordance with requirements and
specifications for the Goods;
(n) inherent defects in materials used in the manufacture of the Goods. Whittley Marine Group will use best endeavours to procure and assign to you the benefit
of the warranty of the manufacturer of the material;
(o) any Goods that have undergone any type of service, maintenance or works by a party other than Whittley Marine Group, a factory owned dealership or a third
party approved by Whittley Marine Group;;
(p) any components and/or accessories installed in the Goods after the date of purchase of the Goods from Whittley Marine Group;
(q) any Goods that have not been maintained in accordance with any published or announced performance characteristics regarding speed, fuel consumption or oil
consumption; or
(r) water damage, dry rot, staining discolouration, bleeding or absorption of water by condensation or otherwise to the Goods, including to its interior surfaces,
polyurethane, foam or interior wood.
1.3 Subject to Whittley Marine Group’s statutory obligations under the ACL and except as provided in this Warranty Statement, all express and implied warranties, guarantees and conditions under statute or general law as to merchantability, description, quality, suitability or fitness of goods for any purpose or as to design, assembly, installation, materials or workmanship or otherwise are expressly excluded.
1.4 Whittley Marine Group is not liable to a party for any physical or financial injury, loss or damage or for consequential loss or damage of any kind arising out of the supply, layout, assembly, installation or operation of any Goods or arising out of negligence or in any way whatsoever.
1.5 Whittley Marine Group’s liability under section 274 of the ACL is expressly limited to a liability to pay the party an amount equal to: the cost of replacing the Goods; the cost of obtaining equivalent Goods; or the cost of having the Goods repaired, whichever is the lowest amount.
1.6 Goods and services provided by Whittley Marine Group come with guarantees that cannot be excluded under the ACL:
2) CLAIM
2.1 This Warranty will only become effective upon receipt by Whittley Marine Group, within one (1) month of the date of purchase of Goods, of a duly completed Whittley Marine Group Warranty Registration Form from the party. This Form may be found on Whittley Marine Group’s website. It is the party’s responsibility to contact Whittley Marine Group if they have any trouble retrieving the Form.
2.2 In order to claim under this Warranty a party must:
(a) Contact Whittley Marine Group within the Warranty Period on the Contact Information provided below;
(b) Comply with any Terms & Conditions or other agreements relevant to the Goods; and
(c) Provide to Whittley Marine Group:
2.3 details of the Goods;
2.4 a detailed description of the defect;
2.5 the relevant claiming party details;
2.6 proof of purchase of the Goods (including date and place of purchase and Goods description).
2.7 Any Goods the subject of a warranty claim may only be returned to Whittley Marine Group by prior arrangement with Whittley Marine Group.
2.8 The claiming party must bear the expense for the removal (if necessary) and return of the Goods and such other expenses incurred by the claiming party and associated with a warranty claim.
2.9 If the Goods are sold to a second owner outside of the first six (6) months of the date of purchase of Goods, the Warranty is not transferrable to the second owner.
3. GENERAL
3.1 Warranty claims will be processed by Whittley Marine Group in a timely manner and a report pertaining to the warranty claim will be made available to the claiming party.
3.2 Whittley Marine Group may at its discretion elect to repair or replace the Goods. Whittley Marine Group may also at its discretion elect to substitute the Goods with a similar alternative goods of Whittley Marine Group’s choosing.
3.3 Whittley Marine Group does not have to repair or replace the Goods under this Warranty if this Warranty does not apply (see above), this Warranty is voided and/or the Goods have been modified, disassembled, misused, improperly or inappropriately installed, repaired, abused, damaged or not maintained.
3.4 This Warranty is limited to repair, replacement or substitution of Goods only. To the extent permitted by the law, Whittley Marine Group will not be liable for any loss or damage caused to property or persons arising from any cause whatsoever.
3.5 The provisions of this Warranty shall apply in addition to and not in substitution for Whittley Marine Group’s Terms & Conditions.
3.6 This Warranty is only valid and enforceable in Australia.
4. THIRD PARTY WARRANTIES:
4.1 Any Goods that are not manufactured by Whittley Marine Group may come with a warranty provided by the manufacturer.
4.2 Whittley Marine Group is not responsible for the manufacture of such Goods but will assist you in any claim you may have against any manufacturer for repair and/or replacement of such Goods.
4.3 Whittley Marine Group will provide you with a copy of such manufacturer warranty on supply of any Goods to you.
4.4 Whittley Marine Group is not responsible for the manufacturer warranty or the manufacturer’s compliance with the Australian Consumer Law.
5. CONTACT INFORMATION
Contact: Warranty Officer
Return Address: 12-14 Somerton Park Drive, Campbellfield, Victoria, 3061
Contact Number: (03) 8339 1800
Email: alan@whittley.com.au
Aluminium New Boat Warranty Policy
In addition to the rights and remedies that you have under the Australian Consumer Law (ACL) or any other applicable law, Whittley Marine Group Pty Ltd ACN 627 933 635 as trustee for the WMG Unit Trust (Whittley Marine Group) provides the following warranty against defects (Warranty): Warranty Periods and Conditions Whittley Boats AL Series are warranted for thirty six months (36) after the boat has been sold by an authorized Whittley dealership for the first time. Meaning the boat hull only (Structure only) and trailer are covered for a total of three years (36 calendar months). For warranty conditions on the Dunbier Trailer, refer to their applicable owners' manual supplied with the trailer. Our liability for boats manufactured by Whittley Marine Group PTY LTD is limited to making good any defects by repairing the same or at our option by replacement, in a period not exceeding the warranty period. 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. Provided that: 1.1 The boat must be maintained and used in accordance with the Boat Capacity Plate and necessary Maintenance Directions attached to the boat. The Boat has not been damaged by misuse, accident, neglect or used for competitive purposes. The Boat and/or outboard must not have been modified, altered or operated outside safe boating practices or the limits of the design specifications.Whittley Marine Group PTY LTD shall not be liable for consequential loss of any kind arising out of the supply or operation of the boats. The warranty does not cover any consequential expenses beyond the warranty repair of the boat itself, e.g. Freighting. Paint and decals are for decorative effect only and are warranted for a maximum period of 12 months from date of delivery against defective paint or decal application, NOT against the normal effect of wear and tear, oxidisation, fuel or solvents damage or dissimilar metals; Oxidisation has the potential to bubble the paint or decal finish; Surface contaminants can cause oxidisation if not removed from the vessel; The timber and carpet floors warranty is limited to installation for a period of 12 months and does not cover the effects of fungus, mold and of weathering or wear and tear.
Windscreen/windshield breakage and leakage around windscreens/windshields or other designed openings are not covered under warranty.All items fitted to a Whittley Boat which are not manufactured by Whittley Boats will be applicable to their own warranty as implied by the manufacture of the product. Whittley Boats will NOT warrant boats, which have been improperly trailed. E.g. wobble/ multi roller trailers and off road use. Incorrect or insufficient tie down from vessel to trailer, no engine support through an engine support bracket. Fitting of wedges and anti-ventilation plate foils could void the warranty. (Refer to special provisions No. 3) Work agreed to be repaired by Whittley Marine Group Pty Ltd will be done ex-factory, and freighting cost to and from the factory will be the purchaser’s responsibility NOT Whittley MARINE Group PTY LTD, however for regional dealers a value equivalent to cost done ex-factory can be made available on special request. The warranty does not cover items replaced during normal service and maintenance operations which are subject to wear. These arrangements apply regardless of any change in ownership during the period covered. All warranties and conditions implied under the Trade Practices Act, including as to one of merchantable quality, are not excluded by this warranty except that Whittley Marine Group Pty Ltd limits it liability for breach to: (a) the replacement of the boat or products; or (b) the repair of the boat or products, At Whittley Marine Group’s option, with all freighting costs to be the purchaser’s responsibility. (Refer to special provisions No.12) 1.14 The above warranty is in lieu of any and all warranties expressed or implied, conferred by statute or otherwise and is the only warranty given Whittley Boats on the boat or any part thereof. Any such warranties under the Sale Of Goods Act are expressly excluded. 1.15 As possible commercial applications and the conditions of usage vary so much, and as success depends on the capability of the user, Whittley Marine Group PTY LTD. cannot warrant boats used commercially (except at our total discretion) or warrant that Whittley Boats are suitable for any particular commercial application. In this regard the purchaser must satisfy themself. 1.6 Subject to Whittley Marine Group’s statutory obligations under the ACL and except as provided in this Warranty Statement, all express and implied warranties, guarantees and conditions under statute or general law as to merchantability, description, quality, suitability or fitness of goods for any purpose or as to design, assembly, installation, materials or workmanship or otherwise are expressly excluded. 1.17 Whittley Marine Group is not liable to a party for any physical or financial injury, loss or damage or for consequential loss or damage of any kind arising out of the supply, layout, assembly, installation or operation of any Goods or arising out of negligence or in any way whatsoever. 1.18 Whittley Marine Group’s liability under section 274 of the ACL is expressly limited to a liability to pay the party an amount equal to: the cost of replacing the Goods; the cost of obtaining equivalent Goods; or the cost of having the Goods repaired, whichever is the lowest amount.
1.19 Goods and services provided by Whittley Marine Group come with guarantees that cannot be excluded under the ACL:
2 This Warranty does not cover:
(a) any Goods not manufactured and/or supplied by Whittley Marine Group; (b) normal fair wear and tear; (c) gelcoat deterioration, discolouration, blistering, fading, cracking, crazing, yellowing and/or damage; (d) fading and deteriorating of fabrics, canvas and/or upholstery; (e) windscreen leakage; (f) decals; (g) ‘tea-staining’, rust or discoloration; (h) defects, loss or damage caused directly or indirectly by or as a result of: (1) external causes (dropping, accident, collision, fire, immersion in water, freezing or striking objects); (2) any damage to or deterioration in the condition of the Goods occurring in handling, cleaning, storage or transit occurring after delivery of the Goods; (3) any additional defect damage or deterioration arising from or attributable to the use of the Goods; (4) the continued use of the Goods after damage or a defect has been or should have been discovered; (i) any Goods where an engine or engines have been fitted on to the Goods which exceed the maximum horsepower and/or engine/transom weights specified by Whittley Marine Group; (j) any Goods that have been used for water ski or ocean racing or any other form of competition use or commercial use; (k) any Goods that are stored on a trailer that has not been correctly adjusted and/or does not meet Whittley Marine Group’s trailer requirements; (l) the Goods where the defect, loss or damage is caused directly or indirectly by or as a result of the use, maintenance or servicing of the Goods including but not limited to the Goods not being used, maintained or serviced in accordance with the requirements and specifications for the Goods. This includes any defect, loss or damage caused directly or indirectly by or as a result of the use of the Goods by a party that has not undergone Whittley Marine Group’s mandatory training in the Goods on delivery of the Goods; (m) where any part of the Goods has been modified, disassembled, misused, abused, damaged or not maintained in accordance with requirements and specifications for the Goods; (n) inherent defects in materials used in the manufacture of the Goods. Whittley Marine Group will use best endeavours to procure and assign to you the benefit of the warranty of the manufacturer of the material; (o) any Goods that have undergone any type of service, maintenance or works by a party other than Whittley Marine Group, a factory owned dealership or a third party approved by Whittley Marine Group;; (p) any components and/or accessories installed in the Goods after the date of purchase of the Goods from Whittley Marine Group; (q) any Goods that have not been maintained in accordance with any published or announced performance characteristics regarding speed, fuel consumption or oil consumption; or (r) water damage, dry rot, staining discolouration, bleeding or absorption of water by condensation or otherwise to the Goods, including to its interior surfaces, polyurethane, foam or interior wood and any alloy paint electrolosis or paint defects.
2) CLAIM
2.1 This Warranty will only become effective upon receipt by Whittley Marine Group, within one (1) month of the date of purchase of Goods, of a duly completed Whittley Marine Group Warranty Registration Form from the party. This Form may be found on Whittley Marine Group’s website. It is the party’s responsibility to contact Whittley Marine Group if they have any trouble retrieving the Form.
2.2 In order to claim under this Warranty a party must: (a) Contact Whittley Marine Group within the Warranty Period on the Contact Information provided below; (b) Comply with any Terms & Conditions or other agreements relevant to the Goods; and (c) Provide to Whittley Marine Group: 2.3 details of the Goods; 2.4 a detailed description of the defect; 2.5 the relevant claiming party details; 2.6 proof of purchase of the Goods (including date and place of purchase and Goods description).
2.7 Any Goods the subject of a warranty claim may only be returned to Whittley Marine Group by prior arrangement with Whittley Marine Group.
2.8 The claiming party must bear the expense for the removal (if necessary) and return of the Goods and such other expenses incurred by the claiming party and associated with a warranty claim.
2.9 If the Goods are sold to a second owner outside of the first six (6) months of the date of purchase of Goods, the Warranty is not transferrable to the second owner.
3. GENERAL
3.1 Warranty claims will be processed by Whittley Marine Group in a timely manner and a report pertaining to the warranty claim will be made available to the claiming party.
3.2 Whittley Marine Group may at its discretion elect to repair or replace the Goods. Whittley Marine Group may also at its discretion elect to substitute the Goods with a similar alternative goods of Whittley Marine Group’s choosing.
3.3 Whittley Marine Group does not have to repair or replace the Goods under this Warranty if this Warranty does not apply (see above), this Warranty is voided and/or the Goods have been modified, disassembled, misused, improperly or inappropriately installed, repaired, abused, damaged or not maintained.
3.4 This Warranty is limited to repair, replacement or substitution of Goods only. To the extent permitted by the law, Whittley Marine Group will not be liable for any loss or damage caused to property or persons arising from any cause whatsoever.
3.5 The provisions of this Warranty shall apply in addition to and not in substitution for Whittley Marine Group’s Terms & Conditions.
3.6 This Warranty is only valid and enforceable in Australia.
4. THIRD PARTY WARRANTIES:
4.1 Any Goods that are not manufactured by Whittley Marine Group may come with a warranty provided by the manufacturer.
4.2 Whittley Marine Group is not responsible for the manufacture of such Goods but will assist you in any claim you may have against any manufacturer for repair and/or replacement of such Goods.
4.3 Whittley Marine Group will provide you with a copy of such manufacturer warranty on supply of any Goods to you. 4.4 Whittley Marine Group is not responsible for the manufacturer warranty or the manufacturer’s compliance with the Australian Consumer Law. 5. CONTACT INFORMATION Contact: Warranty Officer Return Address: 12-14 Somerton Park Drive, Campbellfield, Victoria, 3061 Contact Number: (03) 8339 1800 Email: alan@whittley.com.au Boat Care Instructions Hose your boat off inside and out with fresh water after each use. Ensure that the bungs are removed & the boat is stored in a bow up tilted position to allow moisture in the hull to drain. Ensure that the interior of the boat is dry & left clean before storage. When the boat is not in use, the batteries should be disconnected or turned off at the isolator switch to avoid the possibility of electrolysis caused by any uncontrolled electrical currents. Do not stow wet lines in the boat as mould & mildew may result Use fresh water only to wash windscreen and clears. Inspect under floor flotation & fuel tank hoses & clamps annually. Tighten clamps as necessary. Inspect for lead sinkers and remove. Before using your boat, check bilge pump, navigation lights and electrics to ensure in working order. Where dissimilar metals contact apply Tef-Gel, Duralac or similar product on a regular routine basis for prevention of electrolysis under paintwork.
Contact: Warranty Officer
Return Address: 12-14 Somerton Park Drive, Campbellfield, Victoria, 3061
Contact Number: (03) 8339 1800
Email: alan@whittley.com.au