TERMS AND CONDITIONS
Trailer Roadside Assist Pty Ltd
By purchasing a product offered by Trailer Roadside Assist Pty Ltd ("Trailer Roadside Assist") you agree to be bound by the terms and conditions below ("the terms and conditions"). The terms and conditions are subject to change without notice, however, Trailer Roadside Assist will use all reasonable endeavors to notify you of any change that may affect you by placing a notice on their website.
Definitions and interpretation
1. In these terms and conditions:-
a. accident means any traffic accident regardless of whether that accident involves other individuals or vehicles and regardless of the cause or fault;
b. Australian Consumer Law means schedule 2 of the Competition and Consumer Act 2001 (Cth).
c. authorised repair station means any associated individual or company which, by virtue of agreement with Trailer Roadside Assist, is authorised by Trailer Roadside Assist to perform repairs on customers' nominate trailers repair station from time to time;
d. customer means any individual or company or any other legal entity which may be approved to purchase a Trailer Roadside Assist product;
e. incident means any incident, circumstance or situation which causes your nominated trailer to suffer a mechanical malfunction for which you require assistance;
f. excluded areas means any areas which may be excluded by Trailer Roadside Assist from being serviced by Trailer Roadside Assist's products from time to time;
g. metropolitan areas means any areas which are located within eighty (80) kilometers of the central business district of any capital city of any state or territory in Australia;
h. nominated trailer means the trailer nominated by you when you apply to purchase a Trailer Roadside Assist product;
i. regional areas means any areas which are not metropolitan areas;
j. request for assistance means any request made to Trailer Roadside Assist to provide you with assistance for your nominated trailer due to the occurrence of an incident;
k. terms and conditions means these terms and conditions as amended by Trailer Roadside Assist from time to time;
l. Trailer Roadside Assist means Trailer Roadside Assist Pty Ltd or any of its registered partners or authorised agents as may be applicable.
m. you means you as an individual or company or any other legal entity or any authorised agent or representative of you;
n. Headings are for convenience only and do not affect interpretation;
o. The singular includes the plural and conversely;
p. A gender includes all genders;
q. "Including" and similar expressions are not words of limitation;
r. Any special conditions associated with any product or service (if any) prevail over these terms and conditions to the extent of any inconsistency;
s. Any costs which are designated as being at your expense or payable by you are costs which are not included in any Trailer Roadside Assist product and for which Trailer Roadside Assist
is not liable to pay. If Trailer Roadside Assist incurs any such costs on your behalf they will be immediately reimbursed without the need to issue any formal notice or demand.
2. Trailer Roadside Assist's products can be purchased by any permeant resident of Australia an Australian residential address. Trailer Roadside Assist reserves the right to decline any purchase or renewal at any time.
3. Trailer Roadside Assist's products are personal to your nominated trailer and not to the individual or entity which purchases the product.
4. Trailer Roadside Assist's products may be assigned upon application to Trailer Roadside Assist. Trailer Roadside Assist reserves the right to decline any assignment application for any reasons at any time. All assignment applications will be assessed on a case by case basis.
Commencement and waiting periods
5. Trailer Roadside Assist's products have a mandatory waiting period of forty eight (48) hours from receipt of payment. A further forty eight (48) hour waiting period also applies in the following
a. assignment of product;
b. upgrade of product;
c. change of nominated trailer; and
d. from time of last claim;
6. Any support provided by Trailer Roadside Assist must only be to address mechanical faults and issues which have occurred after the expiration of any applicable waiting period. If Trailer Roadside Assist determines, at their sole discretion, that the cause of the callout occurred prior to the expiry of any applicable waiting period then Trailer Roadside may refuse to provide you with the assistance that you would otherwise be entitled to under these terms and conditions and you may be required to pay for the cost of any assistance provided to you.
7. Trailer Roadside Assist's products entitle you to one request for assistance per incident. Any further requests that may be required after an incident been attended to by Trailer Roadside Assist will be at your cost.
8. When making a request for assistance you must provide the correct details of your nominated trailer and its precise location. If Trailer Roadside Assist cannot confirm your details at the time that a request for assistance is made then any assistance provided will be at your expense.
9. You must remain with your nominated trailer after making a request for assistance. If you are not in attendance at the time that Trailer Roadside Assist arrive at the nominated location then assistance cannot be provided. Any further request for assistance related to the same incident will be considered to be separate callouts and will be at your expense.
10. Trailer Roadside Assist will attempt to repair your nominated trailer roadside to allow you to mobilise your nominated trailer so that it may be delivered to an authorised repair station for a proper assessment. Any assistance provided roadside is temporary only and is not designed to permanently rectify any mechanical fault or failure in your nominated trailer.
11. If in the opinion of Trailer Roadside Assist your nominated trailer is incapable of being repaired roadside Trailer Roadside Assist will tow your nominated trailer to the nearest authorised repairer:-
a. up to 80kms in metropolitan areas; and
b. up to 100kms in regional areas.
12. If Trailer Roadside Assist is required to tow your nominated trailed any distance in excess of the maximum distances prescribed by these terms and conditions then you will be required to pay the cost of any additional towing on a per kilometer basis.
13. Your nominated trailer must be located on a sealed public road and must be accessible by a standard two wheel drive vehicle. Trailer Roadside Assist does not provide any off-road services and any request for assistance for trailers which are determined to be off-road will be refused.
14. Trailer Roadside Assist will provide assistance using the most appropriate equipment available with regard to your nominated trailer's location and state. If Trailer Roadside Assist determines that specialist equipment or personal are required to provide appropriate assistance then those services will be provided at your expense.
15. Trailer Roadside Assist's products are available Australia wide, however, available assistance may vary depending on the location of your nominated trailer. If your nominated trailer requires assistance in a regional area then Trailer Roadside Assist may not be able to provide assistance within a reasonable timeframe or at all. In situations where you are entitled to receive assistance from Trailer Roadside Assist but that assistance cannot be provided, you may be required to procure and pay for assistance from a third party and make an application for reimbursement from Trailer Roadside Assist. Trailer Roadside Assist will reimburse you for the cost of any assistance which you obtain from a third party up to a maximum amount of $500.00. Proof of the cost of any assistance must be provided to Trailer Roadside Assist upon any application for reimbursement.
16. The maximum cover provided by any Trailer Roadside Assist product is $500.00. Any costs of providing assistance in excess of that amount howsoever incurred will be payable by you.
17. Trailer Roadside Assist's products are to be used in the event of unexpected mechanical failure or unforeseen damage. Assistance does not extend to cover maintenance or permanent repairs. Any maintenance or major mechanical repairs are your responsibility and will be at your expense.
18. Trailer Roadside Assist partners with a number of authorised repair stations Australia wide. You may be entitled to discounts for products and services from those authorised repaid stations. You must be a valid and current customer of Trailer Roadside Assist to be entitled to those discounts. Please call Trailer Roadside Assist to locate your nearest authorised repair station.
Exclusions and limitations
19. Trailer Roadside Assist reserves the right to terminate, withdraw or withhold assistance in the event that:-
a. you are violent or abusive or intentionally seek to hard any individual employed or contracted by Trailer Roadside Assist or any of its registered partners or authorised agents;
b. you attempt to obtain assistance from Trailer Roadside Assist or any of its registered partners or authorised agents by deception.; or
c. you have received and continue to request assistance on an excessive or unreasonable number of occasions in relation to the same nominated trailer whether as a result of the
same incident or any number of separated incidents.
20. Trailer Roadside Assist products are subject to the following exclusions and limitations:-
a. You are not a customer of Trailer Roadside Assist or you are otherwise in breach of any of these terms or conditions;
b. Your nominated trailers is over fifteen (15) years of age from the manufactures build date;
c. Your nominated trailers is unregistered and/or unroadworthy;
d. Your nominated trailer has been left unattended, abandoned or stolen;
e. Your nominated trailers has already been subject to a request for assistance in the last forty eight (48) hours;
f. Your nominated trailer is involved in an accident;
g. Your nominated trailer is damaged due to being involved in an accident or due to your own fault, carelessness, neglect, or negligence;
h. Your nominated trailer is located in an excluded area;
i. Your nominated trailer exceeds:-
i. Exceeds 6.5 meters in length;
ii. Exceeds 3.5 tonnes in weight (gross).
21. Trailer Roadside Assist accepts no responsibility for any damage to your nominated trailer or any other vehicles or property including, without limitation, any damage suffered while your nominated trailer is in the care of Trailer Roadside Assist or an authorised repair station. Trailer Roadside Assist will not be liable for any direct, indirect or consequential loss including loss of income or any other expenses or damage that may arise from providing or failing to provide any Trailer Roadside Assist products.
22. Subject to paragraph 24, any condition or warranty which would otherwise be implied in these terms and conditions is excluded.
23. The liability of Trailer Roadside Assist for the breach of any guarantee conferred by the Australian Consumer Law (other than those conferred by sections 51 to 53 of the Australian Consumer Law) is limited:-
a. In the case of goods supplied or provided by Trailer Roadside Assist:
i. the replacement of the foods or the supply of the equivalent goods;
ii. the repaid of the goods;
iii. the payment of the cost of replacing the goods or acquiring equivalent goods; or
iv. the payment of the cost of having the goods repaired.
b. In the case of services supplied or provided by Trailer Roadside Assist:-
i. the supplying of the services again; or
ii. the payment of the cost of having the services supplied again.