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):
1.1 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;
(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:
2.1 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.
3.1 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