WORKSHOP Terms & Conditions of Acceptance of Repair
1. No claim for adjustment will be entertained unless made within 5 days after the delivery of the vehicle.
2. This company does not assume in any way liability whatsoever, either for vehicles left with us for repairs, storage or other purposes, or while being driven by our employees.
3. Consumable charge covers cleaning rags, cleaning solvents etc.
4. Parts and materials supplied subject only to manufacturer’s warranty.
5. Due to storage constraints, old parts from repairs will be disposed of, unless we receive a request in writing to hold the old parts. Held parts will be kept for a maximum of 7 days. If the customer has not collected the parts after 7 days, they will be disposed of.
6. See below for warranty conditions.
SPARE PARTS Terms & Conditions of Sales of Spare Parts
1. Return of parts:
a) Stock items – if returned within 14 days – full credit. 15 – 30 days – less 5% handling fee. 31 – 60 days – less 10% handling fee. After 60 days no returns will be accepted.
b) Special procurement – parts specially procured on customers request will not be accepted for credit.
c) Vendor surcharge and freight costs will be deducted from credits where applicable.
d) Goods will not be accepted for credit without invoice number.
e) All goods returned for credit must be in resalable condition, in original packaging.
f) Consumables such as oil, grease, filters etc will not be accepted for return.
g) Electrical components will not be accepted for return.
2. Parts and materials supplied subject only to manufacturer’s warranty.
3. Parts quotations are valid for 30 days from date of quote.
PAYMENT TERMS
1. Approved account customers – Net 30 days.
2. Cash customers:
a) For Spare Parts cash sales – cleared payment for the full value of parts and associated freight costs before delivery.
b) For Workshop cash sales – In the event of a cash sale being in excess of $5,000, 75% must be paid and payment cleared before commencement of repairs.
WORKSHOP WARRANTY
1. It is the Midcoast Trucks’ Company policy to warrant certain repairs carried out by our workshops.
2. The warranty is conditional on the repair being to a degree as recommended by the workshop manager.
3. Where an owner or their representative elects to have a lesser or alternative repair to that recommended by our workshop manager, it would void any warranty.
4. Warranty applies only to the portion of a component repaired.
5. The standard form of warranty for a major component repair (i.e. engine – gearbox – rear axle – front axle – steering box – suspension) is 3 months or 20,000km from the date of repair. Electrical components (i.e. alternator – starter motor – heater fan – air conditioner etc) is 30 days from the date of repair.
6. Warranty applies to labour and parts.
7. The warranty is conditional on the vehicle being used as the manufacturer requires for it’s new vehicle warranty to apply.
8. Any repairs carried out by an outside repairer must be authorised by the shop manager who carried out the initial repairs before the repairs are commenced.
9. EXCLUSION from warranty are:-
a) Cab and body rattles – light bulbs – radiators – hoses and fan belts – wheel alignment – springs – dust and water leaks, service adjustments etc,
b) Failure caused by a lack of lubricant or coolant,
c) Associated costs arising from a failure, such as towing, travelling, accommodation, overtime rates and loss of revenue are not covered in the warranty programme,
d) Subsequent damage that may be caused by failing to take proper precautions when a failure occurs is not covered by this warranty,
e) Warranty excludes driver abuse or accident damage, as determined by Midcoast Trucks.
OWNERSHIP
This website (mct.com.au) is owned and operated by MCTrucks Pty Ltd T/As Midcoast Trucks (herein after referred to as MCT) (ABN 37 082 673 596) from servers located in Australia.
ACCESS & USE
Your access to, and use of the materials contained in, the Website (regardless of whether or not your access or use is intended) is conditional on your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document and elsewhere on the Website (Terms of Use).
Your use of, and access to, the Website constitutes your agreement to the Terms of Use. MCT reserves the right to amend the Terms of Use without notice at any time. It is therefore important that you read this page regularly to ensure you are aware of any changes. Since you are bound by these Terms of Use, you should periodically refer to them in this document and elsewhere on the Website. Please read the Terms of Use carefully and save them. Any questions or comments regarding, or problems with, the Website should be sent to the site administrator immediately.
COPYRIGHT IN THE CONTENT
The copyright subsisting in all information, text, material, graphics, photographs, software, source code, advertisements and other material on the Website (Content) is owned by MCT, or utilised under licence from its suppliers or licensors (as the case may be) unless expressly indicated otherwise on the Website.
You must not modify, copy, reproduce, replicate, communicate to the public, republish, frame, upload to a third party, post, transmit or distribute the Content in any way except as expressly provided for on the Website or expressly authorised in writing by MCT. You must not use the Website in any manner or for any purpose which is unlawful, whether by operation of statute or the common law rights of MCT, or in any manner which violates any right of MCT or the owner of the copyright subsisting in the Content or which is prohibited by the Terms of Use.
All rights , inclusive of any moral rights, not expressly granted in the Terms of Use are reserved.
COPYRIGHT IN OTHER LINKED WEBSITES
MCT makes no warranties or representations that material on other websites to which the MCT website is linked does not infringe the intellectual property rights of any person anywhere in the world.
MCT is not, and must not be taken to be, authorising infringement of any intellectual property rights contained in material on other websites accessed through a linking of that material through the MCT website
TRADEMARKS/BRANDS
All trademarks and brands displayed on the Website whether registered or unregistered are trademarks and brands of their respective owners. Nothing contained on the Website should be construed as granting any licence or right of use of any trademark or brand displayed on the Website without the express written permission of MCT.
CONTENT
Changes are made periodically to the Content and the Content may from time to time include technical inaccuracies or typographical errors. MCT makes no warranties or representations as to the accuracy of the content at any point in time.
CONTENT NOT LEGAL ADVICE
The Content which appears on the website at any point in time, is a summary only of the subject matter covered, without an assumption of a duty of care by MCT. The summary is not intended to be, nor should it be relied on as a substitute for legal or other professional advice.
HYPERLINKS
The Website contains hypertext reference links and other pointers to internet websites operated by third parties. These linked websites are not under the control of MCT, and MCT is not responsible for the accuracy or otherwise of the contents of any linked website or any hypertext reference link contained in a linked website. MCT provides these links to you as a convenience only, and the inclusion of any link does not imply any sponsorship or endorsement of the linked website, or approval of any material on the website, by MCT.
MCT makes no warranties or representations regarding the quality, accuracy, correctness, merchantability or fitness for purpose of any product, services or content material on other websites to which the Content is linked. The usage of any such website is entirely at your own risk. When visiting other websites you should refer to each such website’s individual terms and conditions.
ADVERTISING & THIRD PARTY OFFERS
The Website may also contain third party advertisements (including banner ads) which contain embedded hypertext reference links or which include referral buttons to websites operated by third parties or their licensees or contractors. All third party advertising (including referral buttons and embedded hypertext reference links) are not subject to any recommendations or endorsements by MCT or its directors or employees. You are referred to the relevant third party advertiser for all information regarding the advertiser and its goods or services. MCT makes no warranties or representations as to the content on any third party link and takes no responsibility for third party advertisements posted on the Website.
On certain occasions, MCT may provide you with the opportunity to purchase goods or services from third party suppliers or carriers. In those incidents, you accept that MCT does not offer the goods or services itself. MCT does not accept any responsibility whatsoever for the acts or omissions of any such third party, and does not warrant the accuracy, completeness, merchantability or fitness for purpose of any such goods or services or that such goods or services comply with all applicable product safety and consumer product information standards. Any purchase of goods or services you may make from any such third party will be a separate contract with that third party supplier for those goods or services.
In certain circumstances, MCT may receive a fee from certain advertisers when a user:
- who has entered the advertiser’s website from the Website undertakes certain transactions on or in relation to that advertiser’s website; or
- purchases certain goods or services by faxing or otherwise placing an order for those goods or services using an order form downloaded from the Website.
DISCLAIMER OF LIABILITY & WARRANTIES ON USAGE OF WEBSITE
Schedule 2 of the Competition and Consumer Act 2010 (Cth) hereinafter known as the Australian Consumer Law (ACL) and similar State and Territory legislation in Australia may confer rights and remedies on you in relation to the provision by MCT of goods or services on the Website which cannot be excluded, restricted or modified (Non Excludable Rights). Outside these Non-Excludable Rights, MCT has no liability and provides no representations or warranties of any kind, either express or implied regarding the quality or accuracy of any Content as it relates to any product or service as specified on the website.
In relation to the usage of the website MCT does not warrant or make any representation in that:
- the Content will not cause any damage to your computer or other device from which you have gained access to the website; or
- the functions contained in any Content, or your access to the Website, will be reliable, uninterrupted or error-free; or
- any defects in the Content will be corrected; or
- the Website or the server which stores and transmits Content to you are free of computer viruses or any other harmful components, defects or errors; or
- the functionality of links to other websites, the security of those websites or the reliability or accuracy of the information contained on those websites;
You acknowledge that by accessing the website, MCT is not liable for:
- any delays, inaccuracies, failures, errors, omissions, interruptions, deletions, defects, computer viruses or communication line failures; or
- the theft, destruction, damage or unauthorised access to your computer system or network.
Under no circumstances (including but not limited to any act or omission on the part of MCT) will MCT be liable for any loss or damages (including, without limitation, indirect, incidental, special or consequential or punitive damages and damages for loss of profits) whatsoever which result from any use or access of, or any inability to use or access, the Website or any Content.
To the fullest extent permitted by law, MCT’s liability for breach of any warranty or representation which cannot be excluded by the ACL or equivalent legislation of a State or Territory Government, is limited at the option of MCT to the following:
- in the case of services supplied or offered by MCT to:
- the supply of the services again; or
- the payment of the cost of having services supplied again; and
- in the case of goods supplied or offered by MCT to:
- the replacement of the goods or the supply of equivalent goods;
- the repair of such goods;
- the payment of the cost of replacing the goods or acquiring equivalent goods; or
- the payment of the cost of having the goods repaired.
INDEMNITY
You agree to indemnify MCT (its respective parents and affiliates and their respective employees and officers) against any loss or damage suffered, or costs incurred including any legal costs on a solicitor/client basis, in connection with your use of the Website or any breach by you of the Terms of Use.
COMPLIANCE WITH LAWS OUTSIDE AUSTRALIA
MCT makes no representation that the Content or the Website complies with laws (including intellectual property laws) of any country outside Australia. If you access the Website from outside Australia, you do so on your own responsibility and are responsible for ensuring compliance with all laws in the place where you are located.
TERMINATION
MCT may at any time without notice immediately terminate this agreement and your use and access to the Website. In the event of termination, you are no longer authorised to use or access the Website, however, all restrictions imposed on you and all MCT disclaimers and limitations of liability set out in the Terms of Use survive the termination.
GOVERNING LAW
This agreement will be governed by and construed according to the laws of New South Wales, Australia without giving effect to any principles of conflicts of law. You agree to submit to the non-exclusive jurisdiction of the courts and tribunals of the State of New South Wales and any court which hears appeals from those courts.
SEVERBILITY
If any provision of this agreement is held invalid, unenforceable or illegal for any reason, it maybe severed from these terms and conditions and the remainder of the terms and conditions will remain otherwise in full force apart from that provision which will be deemed deleted.
EOFY HOLIDAY CAMPAIGN
To be eligible to win the $5,000.00 travel voucher, a new deposit must be received from commencement of campaign (1st April 2024) and truck fully paid for by 30th June.
