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Wheels - Warranty Information

1. DEFINITIONS IN THIS WARRANTY:

In this Warranty, the following terms shall have the corresponding meanings:

"Bob Jane T Marts" means Bob Jane Corporation Pty Ltd ACN 005 870 421; any of its company stores or franchised outlets throughout Australia.

"Clause" means a reference to a clause number in this Warranty;

"Customer" means a person, corporation or any other legal entity that Purchases the Product;

"Fit or Fitted" means the fitting of the Product to the Motor Vehicle by Bob Jane T Marts or any official company or franchised outlet of Bob Jane T Marts, and shall not refer to the fitting by any other party,

"Motor Vehicle" means the motor vehicle owned or possessed by the Customer at the time of the Purchase of the Product to which the Product is Fitted;

"Product(s)" means any wheels and associated products that the Customer Purchases from any Bob Jane T-Marts store

"Purchase" means bought, for consideration from Bob Jane T Marts or any official franchise outlet of Bob Jane T Marts, directly or through an agent but does not included any person, corporation or other entity that takes custody or acquires any right in the Product otherwise than as owner or possessor of any Motor Vehicle that has the Product Fitted at the time of the purchase of the Product, and "Purchases" and "Purchased" shall have a corresponding meaning;

"Warranty" means the terms and conditions of this warranty as contained in this written agreement.

2. THE WARRANTY

Subject to the terms and conditions of this Warranty, Bob Jane T Marts hereby warrants that the Products Purchased from Bob Jane T Marts are manufactured in compliance with Australian Standard AS1638, and shall be, in addition to any of the express or implied warranties provided by any legislation from time to time:

  1. Free from structural defects for the lifetime of the Products, subject to any of the specific exclusions specified in this Warranty;
  2. Free from structural faults and/or defects in the finish of the Products for a period of twelve (12) months from the date of Purchase, subject to any of the specific exclusions in this Warranty;

and Bob Jane T Marts shall compensate any Customer for any Products that do not accord with this Warranty as provided for herein.

3. WARRANTY COVERAGE

Subject to the terms and conditions of this Warranty, the Warranty referred to in Clause 2 shall apply as follows:

  1. The Warranty will only be applicable to the Customer. The warranty cannot be assigned to any other person, corporation or entity that may purchase, acquire, possess or otherwise receive the Motor Vehicle and any such third party shall have no rights whatsoever to make any claim against Bob Jane T Marts under this Warranty.
  2. The twelve (12) month warranty shall apply to the damage, breakdown or corrosion of any protective surface and/or finish on all alloy wheels, including the damage, breakdown or corrosion of any painted, clear coated and/or chrome surfaces on the Product. This includes any peeling of paint from the surface of any Product arising out of poor surface preparation of the Product or corrosion of the painted, clear-lacquered or chrome protective finish on the Product from recommended and proper usage of the product.
  3. The twelve (12) month warranty shall apply to the damage, breakdown or corrosion of any accessories attached to or Purchased with the Product which form part of the aesthetics of any of the Products, such as centre caps, decals, false ornamental rivets and bolts. In the event that these accessories are damaged, breakdown corrode or become dislodged from the Product as a result of poor quality or poor workmanship, these accessories will be replaced without any charge to the Customer.
  4. The twelve month (12) warranty shall apply where the Products are Fitted to any wheels which are then rendered unable to be balanced by any Bob Jane T Marts, but only in circumstances where evidence has been produced by the Customer as to the balancing problem immediately after the wheels (bearing the Product) have been Fitted to the Customer's vehicle.
  5. The lifetime warranty shall apply to any structural defect of the Products that renders the Product unsuitable or incapable of function for the purpose it was Purchased, designed and produced to perform but does not include any matter referred to in Clause 3(b), 3(c) or 3(d) herein.
  6. The Warranty shall not cover any Product that has been Fitted to any Motor Vehicle that has been removed from that Motor Vehicle at any time (other than by a Bob Jane T Mart) including any product that has been re-fitted to any other motor vehicle.

4. INSPECTION STANDARD OF NEW PRODUCTS

Subsequent to the supply of any Products to and from Bob Jane T Marts, it (or its authorised agents shall conduct) a thorough inspection of the Products in order to be satisfied that the Products are of an acceptable standard.

This inspection is conducted by visually inspecting the alloy wheels in suitable lighting at a distance of approximating one (1) metre.

In conducting inspections of the Products in this manner, it is possible that certain imperfections in the finish of the Products cannot and may not be obvious to or assessed by Bob Jane T Marts. Additionally, in some instances defects may manifest at a later time.

5. MAINTENANCE OF NEW ALLOY WHEELS

To ensure that Product maintains its high quality and long life, it is imperative that the Customer understands the importance of maintaining the Product properly. If Product are not appropriately maintained during the course of their use, it may sustain unnecessary damage. In the event that damage is sustained to any Product as a consequence of a Customer's failure to follow appropriate maintenance procedures (as set out herein or by instruction given by Bob Jane T-Marts in written form), that Customer may (in the unfettered discretion of Bob Jane T Marts) void this Warranty and not be entitled to any claim hereunder.

Bob Jane T Marts advocates the following guidelines for appropriate maintenance of the Product:

  1. Once the Product has been Purchased and Fitted to the Customer's Motor Vehicle, it is important that the Customer re-tension the wheel nuts/bolts once the Motor Vehicle has travelled two hundred (200) kilometres with the Product and no more that two hundred and fifty (250) kilometres. This is extremely important as the wheel nuts/bolts can become loosened slightly during the first two hundred (200) kilometres of usage. This may result in unnecessary damage or wear and tear to the Product, the vehicle components and may also lead to a reduction in driving safety;
  2. Subsequent to the first two hundred (200) kilometres of usage, the Customer should carry out a periodic monthly inspection of the Product and the nuts/bolts on the Product to ensure that they have not become loose;
  3. It is important that the Products are cleaned on a regular basis to maintain the painted, clear coated or chrome protective finish and to ensure that corrosive solutions from the road surface do not affect any finish. It is suggested that the Products should be appropriately washed & thoroughly dried at least once fortnightly. If however, a Customer's Motor Vehicle is used on a particularly extensive or intensive basis, it may be necessary for the Products to be washed & thoroughly dried on a more regular basis to avoid any damage.
  4. The Product should be washed thoroughly with water and a mild soap product. As some soaps and detergents are abrasive, the Customer should be familiar with the ingredients of any soap or detergent to ensure they are not likely to harm the painted, clear coated or chrome protective finish of the Product. The Customer must not use commercially available truck-wash, acid based or degreasing cleaning agents on the Product, as they may not only affect the appearance of the surface finish such as bleaching & discolouring, but may also lead to an accelerated breaking down of the Product's protective surface.
  5. If a Customer is unable to ascertain the most suitable products to be used in washing the Product, the Customer should contact Bob Jane T Marts, whose staff will be happy to assist with any queries that the Customer may have.
  6. Chrome Products require a more regular maintenance regime in order to maintain the appearance and quality of the finish. Chrome Products should be washed & thoroughly dried at least once a week and then polished on a regular basis to protect against corrosion. It is suggested that, in order to provide effective protection, chrome Products should be polished once a month.
  7. By not regularly washing & thoroughly drying the Product, the protective finish may degrade rapidly. It is especially important that the Customer undertakes a regular cleaning ritual in circumstances where the Customer's Motor Vehicle is being used in such a manner that it may come into contact with any corrosive materials, chemicals, excessive dirt or ocean air. Such exposure is more likely to corrode the protective surface if left on any Product for an extended period of time (without regular or prompt cleaning).
  8. If the maintenance procedures are not followed by the Customer, the Customer's reliance upon the terms and conditions of this Warranty may be adversely affected and Bob Jane T Marts reserves the unfettered right to refuse repairs or replacement of any Product in circumstances where any damage, defect or fault has arisen as a consequence of the Customer's failure to maintain the Product in accordance with this Warranty.
  9. Under no circumstances are any of the exclusive range of Bob Jane Wheels covered by this warranty for any competitive activity whether organised competition or other.

6. OTHER GROUNDS FOR REFUSAL OF A WARRANTY CLAIM

Bob Jane T Marts may refuse or deny a claim under this Warranty in its unfettered discretion for any of the following circumstances:

  1. Any apparent fault, damage or defect in the finish of the Product which is not observable by adopting the method of inspection referred to herein, that is, which is not noticeable by observation of the wheel in correct lighting at a distance of one (1) meter. In the event that, at the time of original inspection of the Product, the Product does contain a minor imperfection in its finish which is not observable by adoption of the previously mentioned inspection method, a Customer is entitled to rely upon the terms and conditions of this Warranty in circumstances where that minor imperfection causes any damage, fault or defect in the finish of the Product, which is observable by adoption of the said inspection method, within the relevant twelve (12) month Warranty period.
  2. The damage, defect or fault in the Product, or the protective finish of the Product, has been caused, or, in the unfettered opinion of Bob Jane T Marts, reasonably appears to have been caused, by the purposeful or inadvertent act of the Customer or any third party, including, but not limited to, damage caused to the Product by collision with another vehicle, collision with roadside kerbs (gutter scraping), collision with pot holes or by the Product being struck or otherwise dealt with in an inappropriate manner. It should be noted also that the surface finish of a Product can be damaged as a result of debris deflecting from a road surface. Such debris include,rocks, stones or metallic objects and may lead to chipping of the surface. Any such damage shall not be claimable under this Warranty.
  3. It is determined by Bob Jane T Marts that the Product has not been appropriately maintained by the Customer such that any damage, defect or fault in the Product is the result of such failure to maintain the Product. An assessment as to whether or not the Product has been appropriately maintained shall be effected by Bob Jane T Marts at it unfettered discretion.
  4. Any centre caps, decals or false ornamental rivets or bolts which are missing from the Product in circumstances where those parts have been stolen or otherwise removed by the Customer or any third party.
  5. Damage to, or loss of centre caps, decals, false ornamental rivets or bolts or other such accessories which form part of the aesthetics of the Product caused by the purposeful or inadvertent act of the Customer or any third party.
  6. Where, upon inspection by Bob Jane T Marts, there is evidence of paint chipping around the centre bore area or stud holes on the Product as this damage may have been incurred as a result of the actions of balancing machine equipment (bore area paint damage) or fitting braces/rattle guns (stud hold paint damage) during the course of the Fitting process. Any claims where there is evidence of paint chipping around the centre bore area or stud holes will be required to be directed to the authorised franchise outlet responsible for Fitting the Products to the Customer's Motor Vehicle.
  7. Any claim (must be accompanied by a receipt) by the Customer that has been lodged subsequent to the lapse of the twelve (12) month Warranty period (from date of purchase) in relation to damage, defects or faults in the protective finish. Even if damage, faults or defects are discovered in the protective finish on the Product within the twelve (12) month period subsequent to Purchase, it is incumbent upon the Customer to provide notice of that damage to Bob Jane T Marts and the Customer's reliance upon this Warranty to Bob Jane T Marts prior to the expiration of the relevant twelve (12) month period. If the problem manifests itself on the last day before the expiration of the twelve (12) month Warranty period, the Customer must contact Bob Jane T Marts immediately to provide notice of the relevant defect or damage, otherwise the Customer's entitlement to rely upon this warrant shall be forever forfeited.
  8. Where the Product has been Purchased in circumstances where they were heavily discounted or otherwise identified as being a "special" purchase. In this respect, the Products are sold at greatly reduced prices as they are obsolete or discontinued lines. These Products will not be covered by this Warranty. Quite often such clearance products are no longer available from suppliers or distributors. In such cases, no claim can be made against Bob Jane T Marts due to the unavailability of replacement Products. In such instances, Bob Jane T Marts may, at its discretion and in accordance with its commitment to maintain good customer relations, negotiate in good faith with the relevant Customer to reduce the price of Products already provided to or to be provided the Customer with special consideration with respect to any future Purchases.
  9. Where the Customer has not provided Bob Jane T Marts with notification of a problem with the Products being unable to be balanced properly, prior to the Customer's Motor Vehicle being used after Fitting. Once the Motor Vehicle has been used subsequent to Fitting, any problems with the balancing of the Products must be brought to the immediate (within forty eight (48) hours) attention of the Bob Jane T Marts franchise outlet where the Product was fitted.
  10. In all cases, any damage that has been incurred in usage that precedes any claim for surface finish will be rejected. This shall mean that if a Product surface finish has been broken through kerbside abuse (gutter scrapped) or is badly chipped as a result of abrasion from road debris, then any such claim made regarding surface finish shall become null & void.
  11. Any situation where the Product was not sold or provided and Fitted by Bob Jane T Marts or any official franchise outlet.
  12. Any third party or incidental damage or loss of any kind suffered by any Customer or any third party, whether directly or indirectly caused by any act or omission by Bob Jane T Marts or any official franchise outlet of any kind whatsoever (including negligence) that is attributable to any Product in any way other than the limited warranties contained in Clause 2 and Clause 3 herein.
  13. Any reliance by any Customer on any oral or other representation, promise, assurance or other information provide by Bob Jane T Marts or any other party not specifically contained in this written agreement. Any Customer that seeks to rely on any such matter must insert same in this written agreement to form part of the Warranty.
  14. Any claim of whatsoever kind under this Warranty that is not made by the Customer.

Bob Jane T Marts shall, at all material times, be the sole and final arbiter of all claims made pursuant to this Warranty.

7. WARRANTY/CLAIMS PROCEDURE

In the event that a Customer wishes to make a claim in accordance with this Warranty, the following procedure must be adopted in all such claims. Any failure to comply with the procedure set out hereunder may (in the unfettered discretion of Bob Jane T Marts) operate to prevent the Customer from relying upon this Warranty.

As soon as the Customer discovers:

  1. any defects, damage or fault in the structure of the Product; or
  2. any fault, defect or damage to the protective finish on any Product; or
  3. any defect, fault or damage to the associated products and accessories Purchased with the Product; or
  4. that any items such as centrecaps, decals, false ornamental rivets or bolts have become dislodged from the Product and are missing, the Customer must immediately contact the Bob Jane T Marts or the official Franchise outlet that the goods were Purchased from, so as to arrange a time for an inspection of the said Products and/or associated products and accessories. Alternatively, the Customer must attend upon any Bob Jane T-Mart official franchise outlet immediately upon discovering the fault, defect, damage or loss so as to arrange for an inspection to be conducted. If the Customer fails to bring any defect, damage, loss or fault to the timely attention of Bob Jane T Marts, Bob Jane T Marts may deny, reduce or modify the Customer's claim pursuant to this Warranty in circumstances where Bob Jane T Marts believe (in their unfettered discretion) that the Customer's failure to report the damage, defect, loss or fault in a timely fashion has resulted in consequential damage.
  5. The Customer must, when attending upon any Bob Jane T Marts or any official franchise outlet, produce a copy of the original Purchase invoice generated by Bob Jane T Marts or its franchises. A copy of the original invoice must be produced and no claim will be honoured by Bob Jane T Marts without such proof of Purchase.
  6. Any problem with Product should be discussed with representatives of Bob Jane T Marts or its franchisee who will then conduct an assessment of the relevant Product. The representative may then contact the Bob Jane T Marts Technical Department for further guidance, if necessary.
  7. In some circumstances, the affected Product may need to be returned to the Virtual Wheels Technical Office for further inspection and/or assessment. The Customer will be required to meet the payment of any expenses associated with transporting the relevant Product to and from the Virtual Wheels Technical Office, however, in the event that the relevant Product is found to be faulty or defective, any freight charge deemed to be payable for the transport of the said Product will be at the expense of Bob Jane T Marts and not the Customer.
  8. In most circumstances, if any Product requires any lengthy assessment and/or inspection, Bob Jane T Marts will to its best endeavour and subject to availability, make a reasonable attempt to provide the Customer with a replacement Product part until the assessment by Bob Jane T-Marts has been completed and a determination has been made as to whether or not the Customer may make a claim under this Warranty in the circumstances.
  9. In the event that any Product requires transportation to the Bob Jane T-Marts Wheel Division Technical Office for inspection and/or assessment, best efforts shall be made so that the relevant Product will be returned to the Bob Jane T Marts official franchise outlet within a period of fourteen (14) business days from the date upon which the said Product was received at the Bob Jane T Marts Wheel Division Technical Office.
  10. Once an inspection and/or assessment of the relevant Product has been completed to the satisfaction of a representative of a Bob Jane T Marts (be it by the official franchise outlet or the Bob Jane T Marts Wheel Division Technical Office) a determination shall be made by Bob Jane T Marts as to whether or not the Customer is entitled to make a claim under this Warranty.
  11. If Bob Jane T Marts determines that the relevant damage, loss, fault entitles the Customer to a claim under this Warranty, Bob Jane T Marts will make the appropriate arrangements with the Customer to repair the relevant product or to provide a replacement Product, if necessary in the circumstances.