I-BUS provides this warranty to the Customer who originally purchased the Vehicle or Services from I-BUS pursuant to a Contract or Purchase Order. I-BUS warrants that the Vehicle will be free from defects in workmanship and materials for the period set out applicable to the type of Vehicle or Service as set out in the warranty document. I-BUS will at its option repair or replace any defective Vehicle or part of same provided that the defect is not excluded under the warranty conditions.
I-BUS’s liability shall be limited to repairing the defect or replacing the Vehicle or defective component and I-BUS shall not be responsible for any other incidental or consequential loss or damage. Any implied warranties are limited to the duration of this written warranty. All parts or components replaced under warranty will be considered as part of the original Vehicle and any warranty on those parts will expire on the same day as the original warranty. The Australian Consumer Law contains certain provisions that cannot be excluded and to that extent no term of this warranty can restrict or modify the benefits of that legislation to the Customer.
I-BUS’s warranty does not extend to any failure of the Vehicle or any component of the samewhere such failure is not a defect in workmanship or materials supplied by I-BUS but where such failure is caused or contributed to by a failure of the component or any part of such component whether due to fatigue, stress, age or other cause not the fault of I-BUS.
Where components sourced from a third party supplier are installed in Vehicle by I-BUS and the cost of such component is included in the Purchase Order or Work Order and the warranty period of such component is less than the I-BUS warranty period for those Vehicle I-BUS shall only be responsible (in relation to any claim relating to that component) for the period applying to such third party component.
Where components or parts supplied by the Customer are incorporated into a Vehicle and such components fail during the warranty period for such Vehicle, I-BUS shall not be liable for that part of the claim relating to that component or part and such claim shall be a matter between the Customer and the third party supplier of such component or part.
Where I-BUS manufactures Vehicle to the Customer’s specifications the liability of I-BUS is limited to defects in I-BUS’s workmanship and defects in the materials supplied against the specifications of those materials and I-BUS shall not be liable for any claim relating to the performance of the Vehicle not being due to a defect in workmanship or materials supplied by I-BUS.
The Customer must advise I-BUS in writing as soon as a defect becomes apparent and provide particulars of the defect.
To commence the warranty claim procedure the Customer must complete and submit a warranty claim form to I-BUS.
The Customer must co-operate with I-BUS and provide details of the relevant Purchase Orderor Contract, details of the circumstances leading to the failure, produce maintenance records and provide any further information reasonably requested by I-BUS to process the claim.
The Customer must allow I-BUS free access to the Vehicle the subject of the warranty claim.
Any warranty Work will be undertaken at a place nominated by I-BUS.
If possible the Work will be undertaken in situ or at the Customer’s site.
If Work is undertaken in situ or at the Customer site the Customer will provide reasonable facilities to I-BUS to undertake the Work without charge.
General Warranty conditions I-BUS will repair or rectify the defect without charge for labour and materials to the Customer but otherwise each party must pay its own expenses incurred in attending to the warranty claim. In particular I-BUS shall not be responsible for loss incurred by the Customer due to downtime of the equipment, hire of replacement equipment or any other incidental or consequentialloss incurred by the Customer.
Each party must do everything reasonably expected on its part and must ensure that its employees and agents to everything reasonably expected of them so as to give full effect to the warranty provided by I-BUS to the Customer.
The Customer acknowledges that only an amendment in writing signed by an appropriate officer of I-BUS may alter the terms of the warranty and that this warranty document contains the entire warranty benefits available to the Customer.
I-BUS and the Customer acknowledge by their signature that these warranty conditions form part ofthe Purchase Order or Work Order to which they are attached.