Change of mind, Warranty and Consumer Guarantees
Warranty Claims
1. 1. In addition to any applicable rights under Australian Consumer Law, TUS Australia will, at its sole option, repair or replace any TUS Australia branded products supplied by it which are found to be defective in either materials or workmanship providing that TUS Australia is actually notified in writing from the customer of the alleged defect for a minimum period of 2 years commencing on the date of purchase. Specific warranty periods will be clearly stated on the product description page when purchased. Purchase date can be found on digital receipts and/or physical invoices. TUS Australia will also keep accurate transaction records.
2. Warranty covers all structural and mechanical aspects of the item.
3. Any item subject to a warranty claim must be reported directly to TUS Australia or via email at info@tusaustrlia.com.au. The customer must provide full details of the product fault and include photo evidence before the warranty claim can be actioned together with proof of purchase.
4. TUS Australia will attempt to repair the product before offering a replacement, if available.
5. If a replacement is not available or cannot be provided within 14 days, a refund will be issued to the customer.
6. If a warranty claim is found to be illegitimate, all costs associated with the warranty claim will become payable by the customer.
7. TUS Australia reserves the right to determine if a warranty claim is valid and may request additional information or evidence to support the claim.
8. Any repairs or replacements made under warranty do not extend the original warranty period.
9. TUS Australia is not responsible for any indirect or consequential damages arising from the use or inability to use the product, including but not limited to loss of profits, loss of data, or damage to other equipment.
10. For vehicles produced as style side derivatives (tubs), TUS Australia does not endorse or recommend removing the tub. TUS Australia will at the customers request facilitate a tub removal and tray fitment, however we do not offer warranty on any standard vehicle systems impacted by such process such as blind spot monitoring (BLIS). Any relocation of sensors relating to vehicle intelligence systems or BLIS is done so at the owners request and owners risk.
11. This warranty is conditional upon the customer following all instructions provided by TUS Australia in relation to the proper use and maintenance of the products including but not limited to manufacturers owner’s manual and warning labels.
12. This warranty is only valid for products purchased from authorized retailers or directly from TUS Australia.
13. This warranty is only valid for the original purchaser and is not transferable.
14. This warranty does not cover:
- overloading or incorrect loading of goods;
- incorrect towing requirements;
- incorrect towing configurations;
- being used in a way that is not for the intended purpose;
- negligence or abuse by the Customer;
- damage caused by the Customer or any third party, this includes the alteration or modification of Fleet Trades products and accessories;
- environment damage including but not limited to industrial fall out, salt spray, bird defecation, chemical damage, gravel stone chips;
- non-compliance with safe working load weights;
- acidic or alkaline cleaners;
- the removal, alteration, defacing, or covering of any serial number, warning label, caution label, weight warning or other label attached to the product by TUS Australia;
- lack of regular maintenance being performed (including but not limited to cleaning, lubrication of moving parts, correct tightening of nuts and bolts.
- damage caused by misuse, abuse, neglect, accident, or unauthorized modification or repair of the product.
15. TUS Australia reserves the right to refuse warranty service if the product shows signs of tampering or if the serial number has been removed or defaced.
16. Any warranty claim must be made within the warranty period specified for the product.
17. The customer is responsible for all shipping and handling costs associated with the warranty claim, unless otherwise agreed upon by TUS Australia.
18. TUS Australia may, at its discretion, use new, refurbished, or reconditioned parts or products for warranty repairs or replacements.
19. This warranty is in addition to any other rights or remedies that the customer may have under Australian Consumer Law.
20. TUS Australia's liability under this warranty is limited to the repair or replacement of the defective product, or a refund of the purchase price, at TUS Australia's discretion.
21. To the extent permitted by law, all other warranties, conditions, or representations, express or implied, are excluded.
22. This warranty is governed by the laws of Australia.
Change of Mind Policy
Change of mind returns will only be accepted within 7 days, from date of purchase.
Change of mind returns will only be accepted if the products are in original condition and packaging and have not been installed or used.
TUS Australia will not accept any return for change of mind without prior consent.
Customer is required to pay return freight and a restocking fee of $200 for items greater than $2000 and 2% for items less than $2,000 except where the return is required under Australian Consumer Law.
Any freight costs in the initial purchase will not be refunded except where the return is required under Australian Consumer Law.
Customers are required to package the item adequately in order to avoid any damage during transit, any damage occurred during transport is not responsibility of TUS Australia
TUS Australia is not liable for any items lost during transport.
Consumer Guarantees
Our Change of Mind Policy does not affect your rights under the Australian Consumer Law and you have consumer guarantees that cannot be limited by us. If your product is not of acceptable quality, is not fit for its purpose or is different from its description or sample, then you may be eligible for a refund, exchange or compensation for the drop in value below the price paid.
If you have purchased a product with a major fault, you have the right to ask for your choice of a replacement or refund. If you purchased a product with a minor fault, we can choose to give you a free repair instead of a replacement or refund. Further information is available at https://www.accc.gov.au/consumers/consumer-rights-guarantees/repair-replace-refund.
Goods returned under consumer guarantees can be returned within a reasonable timeframe subject to proof of purchase.
Goods marked as seconds or samples must be chosen carefully as these items cannot be returned due to the fault that was identified at the time of purchase. If the product exhibits a fault (not related to the fault identified at the time of purchase), is not fit for purpose or is incorrectly described, it may be returned in accordance with the above consumer guarantees.
WEBSITE TERMS OF USE
1. General
This is an important document which sets out the terms and conditions upon which TUS Australia (ABN 42 618 771 574) offers you access to our website and our associated products and services available through this website (“Website”). The Website is owned by TUS Australia (“TUS Australia”, “us”, “our”, “we”). The terms “you”, ”your” refers to anyone accessing or using the Website.
Access to and use of this Website and the purchase of products and services available through this Website (collectively, the "Goods and/or Services") are subject to the following terms, conditions and notices (the "Terms of Use "). By using the Goods and/or Services, you are agreeing to all of the Terms of Use as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Use.
Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Goods and/or Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.
2. Privacy Policy
These Terms of Use incorporate our privacy policy, which sets out how we will use your information, can be found here. By using this Website, you consent to the processing described therein and warrant that all data provided by you is accurate.
3. Prohibitions
You must not misuse this Website. You will not: commit or encourage a criminal offence; transmit or distribute a virus, trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
4. Intellectual Property, Software and Content
The intellectual property rights in all software and content, and all other trade marks, trade names and logos made available to you on or through this Website remains the property of TUS Australia or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by TUS Australia and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
5. Disclaimer of Liability
The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law TUS Australia and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect TUS Australia’ liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
6. Linking to this Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
7. Links from other Websites
If we link to other websites, we take no responsibility for the content of, and make no representations as to the accuracy of any third party websites we may link to from this Website.